578
The Green Bag.
Governor Brent thought Mr. Lewger had overstepped his authority, and on August 7, 1644, ousted him from the office of Secretary. Governor Calvert returned in September, and Mr. Lewger was immediately restored to his former position. While Secretary, Mr. Lewger was also the Attorney General of the Province, and beside the prosecution of personal suits for Lord Baltimore, acted as the prosecuting officer of the Colony and gave legal opinions, when asked by the Governor. In 1645, he gave an opinion in the case of William Lewis, a staunch Catholic who had forbidden his Protestant servants from reading a Catholic book. Although the evidence showed that the servants had read the book aloud in his presence, evidently to provoke him, yet when Lewis was before the Council and Court in one, consisting of Gov. Calvert, Capt. Thos. Cornwallis and Mr. Lewger, the two former members asked Mr. Lewger, as the one member of the legal profession in the Council, what should be done with Lewis, " for his offensive speeches and unseasonable disputa tions in point of religion, contrary to public proclamation to prohibit such disputes." The Attorney General gave opinion that "Lewis should be fined five hundred pounds of tobacco, and remain in the sheriff's custody until he should find sufficient security for his good behavior in time to come." Lewis had a sad fate. He was one of the four men shot to death by the Puritans of Annapolis after the battle of the Severn, which they had in 1665-66, with Lord Baltimore's ad herents. It was on John Lewger that the Lord Proprietary depended in the troublous times when Charles the First was captive in the hands of Parliament, and, in 1648, the Pro prietary issued a warrant to the Governor and Mr. Lewger, " directing them to collect and take care of so much of his private pos sessions as might be saved from the general wreck of his fortunes." Mr. Lewger, as conservator of the peace,
also had authority to "prove last wills and testaments of persons deceased, and to grant letters of administration." In fact, Mr. Lewger, at this period, embodied a very large part of the judicial system of Mary land. He yet had another office. In Sep tember, 1643, he had been made "by special commission," "a member of the Privy Coun cil of the Province," which commission had been preceded by a special appointment and commission as judge in the Province, the first person in the colony to have that dignified office and title, and, at the same time, hold ing the intimate relation of counsellor to the Governor." Mr. Lewger retained to his death, which was about 1648, the confidence of Lord Baltimore. JAMES CAUTHER.
The name of James Cauther is recorded in the annals of Maryland jurisprudence as the first person to act as attorney for an other. He made a simple confession of debt, but to Lewger belongs the undisputed position of founder of the Maryland Bar. The Court in which the confession was acknowledged, began at St. Mary's Janu ary 23, 1637, (old style). Thomas Passmore, a carpenter, and Roger Moy had been sued by Thomas Cornwallis, Esq., on an as signment from John Neale, of Accomack, in Virginia, for three thousand pounds of to bacco. The attorney made his mark, " J. C." It must not be taken from this incident that our " learned brother," could not wield the pen, for there are cases where men who filled responsible positions in the colony at this time, made their mark, and it is quite evident it was only the custom to have a sign and signet of the name, as the superscription of one's Christian title. On February 5th of the same year, "At torney Cauther appeared for Thomas Passmore, complainant, against Thomas Charington, Joseph Edlow and Anson Barnum, in a plea of debt of five hundred and fifteen weight of tobacco, due the said Thomas Passmore."