| Volume 51, Preface 12 View pdf image (33K) |
xii Letter of Transmittal.
which the Chancellor was one, it was not until 1720 that it became in form
a one-man court with the Chancellor as sole judge. The editor feels that the
story of the development of the Court of Chancery of Maryland has never been
adequately told, so elsewhere in this volume, under the title “The First Cen-
tury of the Chancery Court of Maryland “, he presents in considerable detail
the history of the first hundred years of its existence, together with a list of
all the chancellors from its beginning, until the Court ended its existence in
1854.
To the student of early American history the contents of this volume are
perhaps of less human interest than are the records of the Provincial Court, or
general law court of the Province, where we find reflected more vividly the
every day life of the people in their relation to each other and to the Proprietary
Government, and where both civil and criminal cases are found recorded. To
the student of equity as it evolved during the seventeenth century in an Ameri-
can commonwealth from its English beginnings, and to those who are interested
in the uses which this commonwealth made of writs in their varying forms,
as the community adapted them to its needs and discarded those that ceased to
he useful, the contents of this volume will be of no little interest. Nor is it
fair to say that all the entries are without human interest. Most of the cases
recorded seem to have originated in the Court of Chancery, although a few,
which had their beginnings in the Provincial Court, were brought into Chancery
on technical grounds rather than by direct appeal. The editor, who is not a
lawyer, has not undertaken an explanation of the writs and proceedings re-
corded, but this has been contributed by Chief Judge Bond, who, as previously
stated, has been making a study of seventeenth century Maryland judicial
records. His explanation is designed for the general reader.
As Judge Bond has pointed out in his Proceedings of the Maryland Court of
Appeals, the Province was fortunate in that it had among the members of its
seventeenth and eighteenth century bench and bar a number of competent
lawyers who had received their training at the Inns of Court of London, al-
though in the decade covered by this volume but two names occur of men
who are known to have had this training. During our period the Chief Judge
in Equity from 1669 to 1676 was Gov. Charles Calvert, who, after his father's
death in 1675, became third Lord Baltimore and Lord Proprietary, although
during his absence in 1676, 1677 and 1678, Thomas Notley was Governor and
Chief Judge in Equity. It does not appear that either of these had an English
legal training; nor is it likely that the Chancellor, Philip Calvert, had received
such a training in England; and the same may be said of the other associate
justices of the Court of Chancery who served during our decade. As the same
judges or justices who sat in the Chancery Court also sat in the Provincial
|
||||
|
| ||||
|
| ||||
| Volume 51, Preface 12 View pdf image (33K) |
|
Tell Us What You Think About the Maryland State Archives Website!
|
An Archives of Maryland electronic publication.
For information contact
mdlegal@mdarchives.state.md.us.