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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Preface 37   View pdf image (33K)
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              The First Century of the Court of Chancery.  xxxvii

    and Chancellor, succeeding Fendall, who had been charged by the Proprietary
    with treasonable practices. (Arch. Md. iii, 391-392).
      Philip Calvert, the Chancellor, born a short time prior to 1628, very possibly
    in Ireland, was the son of George, first Lord Baltimore by his second wife Joan
    (whose maiden name is not known), and was, therefore, a half brother of
    Cecilius, the second Lord Proprietary. He had married in England before 1656,
    when he is noted to have “immigrated” to Maryland with his wife, Anne
    Wolseley, daughter of Sir Thomas Wolseley of Staffordshire.
      Philip had been Governor but a little more than a year when Cecilius in 1661
    sent to Maryland to succeed him as Governor his son, Charles, who was fourteen
    years later, while serving as Governor, to become the third Baron and Lord
    Proprietary. The commission from Cecilius to his son, Charles, as Governor,
    dated September 14, 1661, conferred upon him all the numerous and varied
    offices which were usually vested in a Maryland Governor “except that our
    said brother [Philip] is still to Continue and remayne our Chancellor and Keeper
    of our Great Seal there, and we do further hereby authorize and appoynte our
    Deare Brother Philip Calvert to be our Deputy Lieutenant * * * under our
    said Dere Sonne” (Arch. Md. iii, 439).
      At the joint meetings of the two courts from 1661 to 1669, when both law and
    equity cases were heard on the same days, Charles Calvert as presiding judge
    heads the list and is variously designated either as Governor, Captain General or
    Lieutenant General, and his name is always immediately followed by that of
    Philip Calvert designated as “ Chancellor” or as “Deputy Lieutenant Governor
    and Chancellor “. After separate records were kept for the Court of Chancery,
    beginning in the year 1669, Gov. Charles Calvert's name continues to head the
    list of judges, and he is nearly always specifically designated as “Chief Judge
    in Equity “, and his name is immediately followed by that of “Philip Calvert,
    Chancellor “. During the absence in England of Charles, the Lord Proprietary,
    in 1676, 1677, and 1678, Thomas Notley was Governor, and at the sessions of
    the Chancery Court presided and is designated as” Chief Judge in Equity “. At
    the meetings when the Proprietary or the Governor was not present the Chan-
    cellor presided. Thus we find in Maryland from 1661 to 1682, and occasionally
    afterwards, a Chancellor, who like the Chancellor of the Palatinate of Durham,
    did not preside in his own Court of Chancery, unless his superior were absent.
      Although there is in existence, an original manuscript liber entitled—” Pro-
    vinciall Booke of Entries for all Accoñs, Writtes and other Process—Begin-
    ning 1666", “, containing various writs and other papers issued out of the
    Provincial Office from the years 1666 to 1672, to which reference will be made
    elsewhere, the earliest record we have of the proceedings of the Court of
    Chancery as separate from the Provincial Court, is an old liber known as The
    Register Book in the Chancery, C. D., beginning in the year 1669, and extend-
    ing down to 1684. From this latter, Liber C. D., and another old Chancery
    record, Liber P. C. 1671-1712, the contents of this volume of the Archives are
    in great part taken.
      While it was, of course, to the interest of the public that an accurate record
    be kept of all writs and other papers issued under the Great Seal of the Chan-
    cellor, and of causes heard and decided in the Court of Chancery, it made little
    


 
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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Preface 37   View pdf image (33K)
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