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Proceedings of the Court of Chancery, 1669-1679
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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Proceedings of the Court of Chancery, 1669-1679
Volume 51, Preface 46   View pdf image (33K)
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