Volume 51, Preface 41 View pdf image (33K) |
The First Century of the Court of Chancery. xli of the Great Seal, and upon the judicial functions of the Court of Chancery. In this same volume of Calvert Papers published by the Maryland Historical Society there is a long letter, dated June 2, 1673, from Charles Calvert, after- wards the Lord Proprietary, but at that time Governor, to his father, Cecilius, dealing with many Provincial questions and among others with the Chancery Court. Cecilius seems to have requested a “Mr. Langhorne” to send to Philip Calvert for his use certain information in regard to the methods in vogue and the fees charged in the High Court of Chancery of England for papers passing under the Great Seal. Charles goes on to explain in detail to his father the differences between the system of chancery fees in Maryland and in England, and recommends certain changes in regard to the use in the Province of the Great Seal and the Lesser Seal (kept by the Principal Secretary), which, however, do not seem to have been adopted. The Mr. Langhorne referred to in this letter was unquestionably “Richard Langhorne of the Temple “, to whom two years later Cecilius Calvert in his will, dated November 21, 1675, left the choice of his pendulum clocks, and the same Richard Langhorne, an ardent Roman Catholic, who, the Dictionary of National Biography tells us, was a member of the bar and of the Inner Temple, and being implicated in the “Popish Plot” by Titus Oates, lost his head at Tyburn, July 14, 1679. The letter just referred to from which the following extract is taken has been printed in full in The Calvert Papers (Md. Hist. Soc. Fund Publication No. 28; 270, 293-299). “Concerning those ffees sent in by Mr. Langhorne for the Chancelor I did Conceive it wholy Related to the Chancelors office and that he would have beene so Carefull in that matter, as to have given yor Lopp a particular accompt wherein the Difficulty lay, but since he hath not I shall minde him of it, what I undrstand of it, is this, that in the said list of ffees is thinges Charged there that are never made use of here, and many things left out there that wee have dayly occasion for here, but for those thinges that are necessary here the said Direc- tions are very much wanting in this in that it does not distinguish how much in every pticular is due to the Chancelor for the seale, the Rest belongs to the Secretaryes office, where all the Records of that business are kept and all writs Commissions Decrees ordrs. &c. transcribed and written. As in the said list is allowed for a Subpena ad Respondend 2S. now the quere is how much for the making and Recording it, and how much for the seale. the Chancelor takes in all businesses that passe the seale, as much as if he writ them & kept the Records of them whereby it comes about that people genrally pay Double ffees in such Cases, Those that have beene acquainted with Chancery business in England alledge the Ld. Chancelor takes nothing for the seale of Chancery writt &c but that true it is when Lord Chancelor pens the seale, on a certaine day his Sec- retary gives notice to the Clerkes and other officers of that Court to attend who have any such Cursory pcesse to passe the Seale, and they pay the Chancelors Secretaryes but 6d a piece for one writ with another, and the number of tham that are so sealed at one opening makes it very advantageous to those Secre- taryes, and the Residue of the ffees for such writs, goes to the severall officers of the Court of Chancery, through whose hands they passe for this I humbly conceive yor Lopp may Receive full satisfaction from Mr. Langhorne and when |
||||
Volume 51, Preface 41 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.