Volume 51, Preface 55 View pdf image (33K) |
The First Century of the Court of Chancery. lv Gov. Nathaniel Biakiston was the son of John Blakiston (1633-1702) of Newcastle-on-Tyne, a barrister-at-law and a member of Gray's Inn. This John Blakiston was a brother of Nehemiah Blakiston, Governor and Chancellor of Maryland, 1690-1693 (Md. Hist. Mag., ii, 56, 61). Nathaniel may have followed his father's profession, but his name does not appear among the admissions to Gray's Inn. Upon Blakiston's departure for England in 1702, the government of the Province was placed by him, July 30, in the hands of the Council, with Thomas Tench, the “eldest councillor” designated as its “ President” and Keeper of the Great Seal. Tench as acting Governor and Chancellor, presided in the Chancery with Hammond and Smith “assistant justices” until Seymour arrived in April 1704, with the Royal commission as Governor (Chanc. Proc. P.C., 474-506). John Seymour remained Governor from 1704 until his death, July 30. 1709. As Governor and Chancellor he presided at fifteen sessions of the Court of Chancery held during these years, with rarely more than two members of his Council sitting as "assistants" with him. These associates appear in the Chancery records during this period as “assistant justices “. At various times we find sitting with him as assistant justices John Hammond, Thomas Tench, Robert Smith, William Holland, James Sanders, Edward Lloyd, Thomas Ennalls, William Coursey, Francis Jenkins, and Charles Greenberry. The Chancellor appears as sitting alone on two occasions, and once on July 16, 1717, as many as three assistant justices sat with him (Chanc. Proc., P. C., 513-621). In 1706 by order of the Lords of Trade and Plantations the old Great Seal was broken and sent to London (Arch. Md., xxv, 206, 207, 217). This was doubt- less after a new seal had been received. Upon the death of Gov. Seymour, July 28, 1709, Col. Edward Lloyd (1670- 1719) of “Wye,” as President of the Council, became Acting Governor, and with this body governed the Province until the arrival of Gov. Hart some six years later. The Council records for the greater part of this period unfortunately are lost, and we are dependent upon the Court of Chancery records alone. Lloyd acted as Chancellor during this entire period. At the first meeting of the Court of Chancery held under him, March 15, 1709/10, we find six associates, or assistant justices, all members of the Council, sitting with him, some of whom had been associated with Seymour on the Court. Those whose names appear are Samuel Young, Charles Greenberry, William Holland, William Coursey, William Whittington, and John Hall, and these names continue to appear during the remainder of Lloyd's administration. At the twelve subsequent sessions of the Court of Chancery during Lloyd's presidency, rarely more than two or three associates sat with him at any one time (Chanc. Proc. P. C., 677 et seq., P. L., 1-86). Again in 1712, a new Great Seal, described in detail, was sent to Mary- land by command of Queen Anne, with orders to break the old seal and return it to the Lords of Trade and Plantations (Arch. Md., xxv, 259, 260). John Hart, commissioned by the King as Royal Governor, took the oath, October 7, 1714. The Province was restored to the Calverts in the following year, and Hart who appears to have been appointed by the King at the suggestion |
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Volume 51, Preface 55 View pdf image (33K) |
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