Volume 51, Preface 46 View pdf image (33K) |
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xlvi The First Century of the Court of Chancery. This petition of Lawrence was read, January 26, 1692/3, before the King in Council and referred to The Committee of Trade and Plantations. This Com- mittee, finding that the order of the Maryland Council of August 17, 1692, being contrary to the law passed by the Assembly, April 16, 1692, fixing the fees to be allowed to the Secretary for Chancery writs, and detrimental to the rights of the Secretary, advised the King that the orders of the Maryland Council be set aside, which was done, March 2, 1692/3 (Arch. Md., viii, 450-452, 454-457; xx, 14-15). One of the first acts of Copley upon becoming Governor, was on April 8, 1692, to appoint the members of the Provincial Court. His own name heads the list as Chief Judge, and is immediately followed by that of Nehemiah Blakiston, Henry Jowles and seven other associate justices, five of whom do not appear as members of the Council (Arch. Md., viii, 306-7). As Sir Thomas Lawrence in his petition to the King just referred to, apparently written in September or October of this year, states that Blakiston was then “sole judge in Chancery “, and as no record of his appointment by Copley has been found, it seems quite possible that he held over as Chancellor from the Associators revolutionary régime. It is difficult, however, to explain this reference to him by Lawrence as” sole judge in Chancery “, as it is certain that at this time equity cases were heard before a “Chief Judge” and several associate judges in the Court of Chancery. It is probable that Lawrence, however, referred to Blakiston as “sole judge in Chancery” in his “ ordinary” capacity as Keeper of the Broad Seal, rather than in his judicial capacity. Col. Nehemiah Blakiston had probably arrived in Maryland in 1668. He was a son of John Blakiston, member of Parliament for Newcastle in 1641, Mayor of Newcastle in 1645, and one of the regicide judges who pronounced sentence of death upon Charles I in 1649. Nehemiah Blakiston was a lawyer and planter. He was admitted an attorney of the Provincial Court in 1676 and also practiced in the St. Mary's and Charles County courts (Md. Hist. Mag., ii, 56, 58). He probably studied law in England. Soon after coming into Maryland he married Elizabeth, daughter of Thomas Gerrard of St. Clement's Manor. Blakiston died in the autumn of 1693. Open hostilities soon broke out between Governor Copley and Secretary Lawrence. Lawrence under date of March 20, 1692/3, wrote to Lord Not- tingham of the King's Privy Council that he was not allowed to see Colonel Blakiston's “ Commission for Chancellor nor any other Records of that Office “, and a week later Copley, charging Lawrence with having sold county clerkships to the highest bidder, suspended him as a member of the Council, as Secretary, and as a justice of the Provincial Court, and had him thrown into prison (Arch. Md., viii, 482-5 510; xx, 17-18). The merits of the quarrel between the Governor and the Secretary need not further concern us; it is sufficient to say that there was much fault on both sides. Lawrence was later released on orders from the King and his offices restored to him, but this was not actually effected until after Copley's death, which occurred at St. Mary's in September, 1693. Sir Edmund Andros, Governor of Virginia, immediately after Copley's death, sailed up to St. Mary's, called the Council together, September 25, 1693, and |
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Volume 51, Preface 46 View pdf image (33K) |
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