The Bar of Rarly Maryland. Mr. Cauther was planter as well as attor ney, and was so designated in the records when appointed the administrator of William Wassells, deceased. Mr. Cauther, too, like Mr. Lewger, had men servants, for he com plained to the Court "that Edward Eason had departed out of his service afore his terme expired to the damage of the plaintiff to the value of five hundred pounds of to bacco." Mr. Cauther was a member of the General Assembly of 1637, representing St. Mary's Hundred, St. Mary's County, and holding the proxy of Thomas Passmore, car penter, a member from the same hundred. Mr. Cauther did not put in his appearance with legal promptness, and, on the second day of the session was amerced for nonattendance. In the afternoon of the second day, he was again fined for non-attendance. This was on Saturday, and well might the legislators of to-day learn a lesson from the industrious Pilgrim Fathers of Maryland— the Assembly adjourned until Monday morn ing at eight o'clock! Mr. Cauther had ar rived by this time and took part in the trial of Thomas Smith, charged with felony and piracy, and voted for the verdict of guilty. This trial was conducted before the Gen eral Assembly because the necessary courts had not yet been established, and it was con sidered proper to give the trial the sanction of law, to have the whole Province, as rep resented in the General Assembly, assent to the conviction. Mr. Cauther was again a member of the House in 1638. In 1641, he was entitled to a scat but preferred to be represented by a proxy to Thomas Morris. This proxy did not arrive in time to prevent Mr. Cauther, with fifty others, from being fined twenty pounds each of tobacco for their non-attendance. Mr. Cauther died early in January, 1643, as appears by proceedings in the Courts; not by resolutions of respect and regret, for that custom had not yet ob tained in the Bar, but by testamentary action on his estate.
579
CYPRIAN THOROUGHGOOD.
Cyprian Thoroughgood is the third in the list of Maryland Attorneys. On the 7th of August, 1638, he appeared as an attorney for Thomas Copley, Esq., suing for John Norton for damages, one thousand feet of "sawn boards " for a price agreed upon but who refused to furnish the lumber, and he claimed damage of two thousand pounds of tobacco. CUTHBERT FENWICK.
Cuthbert Fcnwick, the name fourth in the list of Maryland attorneys, was a prominent person in the infant colony. The Province was settled in March, 1634, and on the I3th of March, 1637, Mr. Fenwick appeared in the House of Burgesses and claimed a voice in the Assembly as a freeman and was ad mitted. All freemen were allowed, at that period, voice and vote in the Assembly. He was one of those who voted for the verdict of guilty in the case of Thomas Smith, con victed of murder and piracy. Mr. Fenwick was not a passive member of the House, but showed his aggressive spirit in being one of three members who voted against a bill for the support of the Lord Proprietary. He also voted against the admission of the dele gates from St. Mary's. Mr. Fenwick, how ever, did not suffer on account of his vote against the Proprietary's support, for, in September, 1640, in consequence of the pro longed absence of Captain Thomas Cornwallis, from the sittings of the Governor's Council, which was much regretted by the Proprietary, to Cuthbert Fenwick was writ ten this unique letter of appointment : " Nev ertheless for the respect we bear unto him, (Thomas Cornwallis,) and out of our care that so great a member of our province may have his attorney there to take care of such things as may concern him, therefore, we do hereby authorize you to repair, personally, to the said Assembly, (the Governor's Coun cil was the Upper House of the Legislature,)
