Volume 51, Preface 10 View pdf image (33K) |
x Letter of Transmittal. has therefore seemed an opportune time to round out the seventeenth century judicial picture by the publication of a volume of the records of the equity court, and to follow this by printing the earliest proceedings which have been preser ved of certain of the county courts. With this aim in view, the mid- seventeenth century court records of Kent, Charles, Talbot and Somerset coun- ties are now being prepared for publication. As the only extant record of a Maryland manorial court, that of the Court Leet and Court Baron of St. Clement's Manor, St. Mary's County, is already in print (J. H. U. Studies in Hist. & Pol. Sc. ser. i, no. 7), the student of the early development of Ameri- can law will soon have before him in printed form a complete cross section of the entire judicial system of the Province of Maryland—and one which is perhaps more complete for the period than that possessed by any other colony. A history of the Maryland Court of Chancery for the first century of its existence, by the editor, appears elsewhere in this volume. Down through the year 1668, the proceedings of the Court of Chancery and of the Provincial Court were recorded together in the same old libers, for the judges of both Courts, the Governor and Council, at the same court sessions sat in Chancery to hear equity cases, and in the Provincial Court as a court of law, and both courts had the same clerk. Beginning in 1669, however, separate records for each Court were kept, and although until 1694, the same individual acted as clerk and recorder for both courts, in the Court of Chancery he was called “Register in Chancery “, and in the Provincial Court was styled “Clerk “. The material to be found in this volume is taken from two old Chancery libers. One of these, known as Liber C. D., was transcribed in 1729 by Griffith Beddoe, from an older liber then designated by the same initials, which was at that time in a very defective condition, the transcriber certifying that the blanks to be found in his copy were for words defaced or not legible in the original. The copy is in a clear hand and is well transcribed, but like the original from which it was transcribed, has suffered severely from the ravages of time, and most of the omissions in this printed volume are due to the dis- integration of the copy of 1729. As no Chancellor, Recorder, or Clerk in Chan- cery with the initials C. D. is known, the designation is puzzling. There is some reason to think, however, that it originally bore different initials. This liber is divided into two parts. The first part, designated by the clerk as “The Regr Book in the Chan.c * * * of Maryland Beginning 16th ffeb.r [1668/69] 370 Caecilii &ct," and which extends through the year 1684, was evidently begun by Robert Carvile, then Register in Chancery. This portion of the old liber fills the first three hundred and ninety-nine folio pages, and is followed towards the end of the book by a second section, designated as “An Entry of All Such Writts as Issued Out of the Chancery Since the 13tth of February |
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Volume 51, Preface 10 View pdf image (33K) |
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