Volume 51, Preface 57 View pdf image (33K) |
The First Century of the Court of Chancery. lvii to “appoint Edward Lloyd, Esq. the second person named of our Councill, Keeper of the Great Seale * * * with all the Emoluments thereunto belonging * * * and in the Case of his death, absence or refusal the third person of our Councill” was to be Chancellor (Arch. Md., xxv, 353, 356, 358). Lloyd died shortly before Hart left and Col. William Holland became Chancellor. His commission as “Chancellor or Judge of our High Court of Chancery * * * and Keeper of our Great Seale” was dated February 7, 1719/20 (Chanc. Proc. P. L., 488). Holland had been an associate justice of the Court of Chancery more or less constantly since 1705. With Holland's appointment a new chapter in the history of the Maryland Court of Chancery begins. Down to this time it had been a court of a presiding justice or Chief Judge in Equity, who had been variously the Governor, the Chancellor, or both offices combined in the same person, with a varying number of associate justices. It now became a one-man court. As has already been shown, for the first twenty-seven years (1634-1661) after the settlement, the Governor, who was also the Chancellor, presided. When these two offices were separated for twenty-two years (1661- 1682), and Philip Calvert became Chancellor, the Governor, at first in the person of Charles, the third Lord Proprietary, and later Gov. Thomas Notley, presided as “Chief Judge in Equity “, the Chancellor ranking second, and only presiding in the absence of the Governor. After Philip Calvert's death in 1682, down to the Protestant Revolution of 1689, various individuals, and occasionally two persons at the same time, held the office of Chancellor, with the Governor usually continuing to preside as Chief Judge in Equity. During the time that Maryland was a Royal Province, from 1690 to 1714, we have seen that the office of Chancellor, while generally combined with that of Governor, was often held by some other member of the Council, designated by the Governor or Proprietary to be Keeper of the Great Seal. During this period the Chancellor, whether or not he was identical with the Governor, presided in the Court of Chancery y with a varying number of the members of the Council sitting with him as “associate” or “assistant” justices, although in Copley's and Nichol- son's regimes some of these associates were not members of the Council. It seems probable, however, that the change from a plural to a one-man equity court was not in reality as abrupt as the record would indicate on its face. It will be recalled that with the opening of the century the terms assistant justices, and later assistants to the Chancellor, began to replace the designa- tion associate justices, and that at the meeting, July 13, 1715, the Council discussed the fees to be paid to councillors who assisted the Keeper of the Great Seal in holding the Chancery, as well as the proper allowance to these assistants or masters for their reports on questions referred to them by the Chancellor. Since the opening of the century it would appear that the chancellors, who were usually also the governors, and until 1715 Royal governors, with the English Court of Chancery as a model to be followed, had more and more centralized the equity judicial authority of the court in themselves. When it is recalled that few, if any, of the early eighteenth century governors are known to have been trained in the law, and even had they been would not have had the time, unassisted, to do all the work of the Chancery, it was but natural that |
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Volume 51, Preface 57 View pdf image (33K) |
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