The First Century of the Court of Chancery.    xlvii

    claimed to be now Governor under a commission from the King, which on more
    careful examination later, however, proved not to support his pretentions.
    Remaining only a few days he designated Colonel Nicholas Greenberry as
    President of the Council and Acting Governor, and returned to Virginia.
    During his brief stay the Council ordered an investigation by a committee, of
    the condition of the Provincial records, which seem to have been badly neglected
    since the overthrow of the Proprietary government; and on September 30, 1693,
    the committee reported, among other things that: “Wee finde noe Chancery
    Proceedings Entered since the yeare 1682, except one Decree inter Vanswer-
    inghen & Taylor, and as to any Minutes thereto belonging, Mr Taylard can give
    noe Account; therefore is Referred to be inquired after by the former Clerks
    of the Office: vizt Mr Grunwin & Mr Boothby “. Summoned to appear, the two
    clerks mentioned promised to complete the records for the short time they had
    respectively been clerks; but the gap of eleven years in the Chancery records
    extending back to 1682, was only in small part filled (Arch. Md., xx, 20, 22).
      That from the time of his appointment by Andros as Acting Governor,
    Greenberry was also Keeper of the Great Seal, is shown by the action of the
    Council February 15, 1693/4: “Upon Representation & Motion made at this
    Board that the Court of Chancery is at present destitute of a Register, and to
    the End that for want of such present Officer noe Business in the said Court
    may be delayed or impeded. Ordered by advice as it is hereby Ordered that Mr
    William Taylard doe for the time being supplye the said vacancy of Registe
    untill further Ordr.. And that whereas the Honble Coll Nicholas Greenberry bath
    the Custody & Charge of the Great Seale of this Province Comitted unto him
    the said Coll Greenberry is therefore now in Councill appointed Judge of the
    Said Court & accordingly is to Comissionate Mr William Taylard Register as
    aforesd" (Arch. Md. xx, 46).
      Sir Thomas Lawrence, exonerated by the King of the charges brought against
    him by Copley, was proclaimed President of the Council, May 7, 1694, by
    Andros, who came up from Virginia for the purpose, and on the same day the
    Broad Seal was delivered to Col. Nicholas Greenberry to he its Keeper until
    further order (Arch. Md. xx, 58).
      Francis Nicholson by commission from the King dated February JO, 1693/4,
    was installed as Governor at a meeting of the Council held, July 26, 1694. Under
    this commission he was empowered, with the advice and consent of the Council,
    “to Erect Constitute & Establish such & soe many Courts of Judicature and
    publick Justice * * * as you and they shall think fit and Necessary for the
    hearing and determining of all Causes as well Criminall as Civill according to
    Law and Equity “. Power was also given him to appoint the necessary judges,
    and to provide for appeals to the Governor and Council; or to the Privy Council
    in England, if an amount of more than three hundred pounds were involved
    (Arch. Md. xx, 86-87). Although Nicholson was authorized by his commission
    to “keepe & use the publick seale” of the Province, he delegated this power to
    others, and at no time appears as Chancellor or as sitting in the Court of
    Chancery as Chief Judge.
       D