| Volume 51, Preface 11 View pdf image (33K) |
Letter of Transmittal. xi
1668[/69] “. This second part runs to April 13, 1672, and fills pages 399 to
446 of the old liber, thus overlapping in point of time the period covered by
the earlier portion of the first part. It is unfortunate that the entire contents
of Liber C. D. cannot be printed in this volume, but for lack of space, it has
been found necessary to omit that portion of part one for the years 168o to
1684, which fills pages 261 to 399 of the old liber. The copy of Liber C. D.
made in 1729, has marginal references to the pagination of the original liber
from which the copy was made, and the transcriber has also adopted a new run-
ning pagination for his own copy. In this printed volume both paginations are
given, the original folio numbers, printed in parentheses, are indicated by the
abbreviation “fol.”, followed by the old folio page number; and the pages of
the copy of 1729 by the abbreviation “p.” followed by the copyist's page
number, without parentheses.
The other old liber from which this volume is in part taken is known as
Chancery Liber P. C., and is a volume of 884 pages of which only the first 171
pages are printed here. The designating initials are of course those of Philip
Calvert, Chancellor from 166i to 1682. Although begun in 1671 when Philip
Calvert was Chancellor and Robert Ridgely, Register, this liber runs down to
the year 1712, with a break of about six years in the late eighties, and after
1682 covers the incumbancy of several later chancellors. We are concerned
here, however, only with the records in it extending from 1671 to 1679. The
handwriting found in Liber P. C., varies with the several registers, or clerks,
who have made the entries. Some of this writing, a mixture of late eighteenth
century and old court hand, is very difficult to decipher.
It will be seen that libers C. D. and P. C. overlap in time for the period
from 1671 to 1684. A study of the contents of these two old volumes fails
to disclose clearly what system, if any, was used by the registers in selecting
the entries recorded in each, except that it may be said in general that Liber
P. C. was used principally as a record of court sessions and of the judicial
activities of the Court of Chancery, as well as for recording cases and decrees,
while Liber C. D., after 1671, was used principally to record writs, appoint-
ments to office, commissions, inquisitions, pardons, proclamations and similar
instruments, not strictly judicial, issued under the Great Seal, of which the
Chancellor was the Keeper, although a few of the earlier court sessions and
cases are recorded in Liber C. D.
The Chancery in Maryland as in England had two aspects, the “ordinary”
functions of the Chancellor as Keeper of the Great Seal for the sealing of
various legal and extra-legal papers, and the Court of Chancery in its strictly
judicial aspect. Although for nearly a century after the settlement the Court
was a body composed of a Chief Judge in Equity with associate judges, of
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| Volume 51, Preface 11 View pdf image (33K) |
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