Volume 51, Preface 15 View pdf image (33K) |
Letter of Transmittal. xv up 1300 acres of land in Talbot County in 1663. The registers in Chancery for the years 1671 to 1679 adopted the plan of noting frequently on the folio page margin the initials of the attorneys in a given case. These can usually be readily identified, but in a few instances this has not been possible. As in the case of all marginal notes occurring in these old libers, in printing these have been brought within the printed page margin, but to indicate their marginal posi- tion are separated by a considerable space from the text proper which follows. While in the early records it is not always possible to distinguish between the regular practicing attorneys before the court and individuals who as attorneys- in-f act merely represented others occasionally under a power of attorney, there is little question that the men just mentioned should all be considered as prac- ticing attorneys-at-law. These Chancery records contain fewer references to the Attorney General of the Province than do the proceedings of the Provincial Court. A petition for a pardon shows that William Calvert held this office in 1664 and 1665 (pages 122, 123, 127), and he was probably immediately succeeded by Vincent Lowe, who was sworn in, December 13, 1670, as Attorney General, and on December 17, as an attorney before the courts (Prov. Ct. Proc. 1670). He was followed by Kenelm Cheseldyne, who was sworn, April 5, 1676 (Prov. Ct. Proc. N. N. 89), and appears to have still held this office at the close of our period. Recorded in this volume, although in no way connected with the Chancery Court, are to be found the proceedings of a special Court of Delegates held in 1678 by four judges who were also members of the Council and of the Chancery Court, especially designated for this purpose. These were Baker Brooke, Thomas Tayler, Henry Coursey, and Benjamin Rozer, with Charles Boteler as Register, appointed by Gov. Notley to hear an appeal upon a will case which had been decided by Philip Calvert, the Chancellor, sitting as Chief Judge of Probate in the Prerogative Court. Calvert had decided that a nuncupa- tive will made by a certain John Deery was null and void, but on appeal the specially appointed Court of Delegates reversed Calvert and sustained the will (pages 507-520). The Governor in his order creating the Court, directed that the proceedings be kept among the records of the Chancery Court. Among the papers recorded as issued under the Great Seal of the Chancellor in his “ordinary” capacity as its Keeper, and not of a strictly judicial char- acter, are appointments to office and commissions to county justices, sheriffs, and coroners by the Lord Proprietary, writs providing for the election of delegates to the Lower House and Assembly, writs calling the Assembly to- gether, pardons granted by the Governor, summonses to the members of the Assembly to meet to assess the public levy, proclamations of rebellion and other proclamations, writs to adjourn court, and the forms of oath to be taken by B |
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Volume 51, Preface 15 View pdf image (33K) |
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