Women -- Employment -- United States; Women -- Social and moral questions
“This day the question was moved in court whether or noe, Mr. Leon.
Calvert (remayning his L^{p’s} sole attorney within this Province before
his death, and then dying) the said Mr. Calvert’s administrator was to
be received for his L^{p’s} Attorney within this Province untill such
time as his Lordship had made a new substitution, or that some other
remayning uppon the present Commission were arrived into the Province.
The Governor demanding Mr. Brent’s opinion upon the same Quere. Hee
answered that he did conceive that the administrator ought to be looked
uppon as attorney both for recovering of rights into the estate and
paying of dew debts out of the estate and taking care for the estate’s
preservation: But not further, untill his Lordship shall substitute some
other as aforesaid. And thereuppon the Governor concurred. It was
ordered that the administrator of Mr. Leon Calvert aforesaid should be
received as his L^{p’s} Attorney to the intents above.” (Archives of
Maryland, vol. iv. p. 358.)
The provincial court records show that Mistress Brent not only
frequently appeared in court as his lordship’s attorney, in which
capacity she continued to act for some years, but also in prosecuting
and defending causes as attorney for her brother, Capt. Giles Brent, and
in regard to her personal affairs, and as executrix of Leonard Calvert’s
estate (the record calls her “administrator”; she was appointed by the
testator to execute his will). There is no record of any objection being
made to her practicing as attorney on account of her sex. At that time
the provincial court at St. Mary’s “was the chief judicial body in the
Province, being not only a court of first instance for all matters
civil, criminal, and testamentary for the city and county of St. Mary’s,
but having also appellate jurisdiction over the county courts. It was
composed of the Governor as presiding judge, and one or more of the
members of the council as associate judges.” (Archives of Maryland, vol.
iv. preface.)
Unmindful of the words “but not further” in the opinion, Mistress Brent
asked for voice and vote in the General Assembly on account of her
position as his lordship’s attorney. This request was denied. Whether
her sex entered into the denial is a question without solution. The
Assembly proceedings for January 21, 1648, make mention of the fact in
these words:
“Came Mistress Margarett Brent and requested to have vote in the howse
for herselfe and voyce allso, for that att the last court, 3^d Jan., it
was ordered that the said Mistress Brent was to be looked uppon and
received as his L^{p’s} Attorney. The Gov^r denyed that the said
Mistress Brent should have any vote in the howse. And the said Mistress
Brent protested against all proceedings in this present Assembly,
unlesse shee may be present and have vote as aforesaid.” (Archives of
Maryland, vol. i. p. 215.)
Public-domain text, read in full here on John Shaqi.
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