Volume 51, Preface 58 View pdf image (33K) |
lviii The First Century of the Court of Chancery. they should turn over to assistants or masters for investigation and recom- mendation questions before the court. With the passage of the acts of 1718 and 1720, extending the right of appeal from the Chancery to the Court of Appeals, the time may have seemed oppor- tune to take openly the final step to centralize all the judicial authority of the court in one person with a minimum offence to public opinion. And the desig- nation of Edward Lloyd of “Wye “, and as the result of his death of \Villiam Holland, both native Marylanders, to fill the office of Chancellor with its now added prestige, was a politic move on the part of the Proprietary. Down to this time the Court of Chancery was in session only at certain stated times, and was not in theory always open to the public, as was said of the English Court of Chancery (Bland's Md. High Court of Chanc. i, 59; ii, 597). An in- teresting reference to this is to be found during the time when Philip Calvert was Chancellor, when in 1681, in a petition addressed to Charles, the Lord Proprietary, then living in Maryland and acting as Governor, in the case in Chancery of Nicholas Painter and wife against Samuel Lane, Painter avers “that the Court of Chancery is and ought to be always open as to the proceed- ings therein But your Lopp. haveing not yet Impowered your Chancellor or Chief Justice of your said Court to Answer Petitions or make Oathes touching the proceedings (as is used in England) without a full Court of four at least “, it is necessary that this petition for immediate relief be made directly to the Lord Proprietary (Chanc. Proc. C. D., 307). With Col. William Holland's appointment in 1720, the Chancellor assumed the important judicial character which he continued to hold until this office and the court were abolished in 1854. The Chancery of Maryland now became a one-man court with f till powers centered in the Chancellor alone, and according to Bland, was thereafter at least in theory open at all times to the public, and not merely at certain stated seasons (Md. High Court Chanc., i, 597; ii, 59). The office became one of great dignity, the highest judicial position in Maryland, and was no longer largely sought, as it had been in the past, because of the fees which came to the Chancellor as Keeper of the Great Seal. Of the legal abilities of Col. William Holland (d. 1732) of Anne Arundel County, not much has been learned. He seems to have exercised the functions of his office in an entirely satisfactory manner, although he does not appear to have been a lawyer by profession, and was doubtless advised as to technical legal questions by the Attorney-General and the judges of the Provincial Court, as had been his predecessors, and were to be his successors, during the colonial period. He was a large landowner, and had been a member of the Governor's Council, and had sat as an associate justice of the Court of Chancery for several years. Holland held his first court, April 11, 1720, and five more courts were held by him in this and in the following year. His last appearance in the Chancery Court was on July 18, 1721 (Chanc. Proc. P. L., 494, 524, 542, 590, 594, 613, 650). Holland was a member of the Council from 1701 to 1731, and as such a judge of the Court of Appeals. He was also a justice of the Pro- vincial Court, and its Chief Judge from 1709 to 1721. |
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Volume 51, Preface 58 View pdf image (33K) |
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