Volume 53, Preface 43 View pdf image (33K) |
Early Maryland County Courts. xliii records it is not stated in which capacity an attorney was acting. In the Pro vincial Court, beginning in the sixties, are to be found a few “sworn attorneys of the court “, men trained in their profession, who were formally admitted to practice, and enrolled as such in the court records. Not a single instance has been found in the minutes of these four county courts of such a formal gen eral admission to practice, although there can be no question that any one who had been entered as an attorney in the Provincial Court might also practice in any county court. Judge Carroll T. Bond, in the introduction to his Proceed ings of the Maryland Court of Appeals, 1695-1729, (pp. xxi-xxviii), in an excellent review of the lawyers practicing in Maryland in the seventeenth and eighteenth centuries, gives a short list of these who he feels, may be given a professional status. The editor of the Archives also has discussed some of the professional attorneys who practiced in the Provincial and chancery courts in a previous volume of the Archives (Arch. Md. ii, pp. xiv-xv). It is not to be supposed, however, that those who had a professional status in the provincial courts could make an adequate living by their law practice alone. All of them seem to have been planters as well, and many to have held public office. Those recognized as attorneys at law, and found practicing in the provincial courts during the third quarter of the seventeenth century, with one exception, prac ticed almost exclusively in these higher courts. These were William Calvert, Thomas Carleton, Robert Carvile, John Morecroft, Daniel Jenifer, Benjamin Rozier, and Matthew Ward. Of these only Ward appears to have practiced regularly in the county courts as shown by these records. Ward lived in Tal bot County, all the others in southern Maryland. William Calvert in his capacity of Attorney-General, however, occasionally appeared in the county courts. The Attorney-General of Maryland from the settlement in 1634 until 1657 served both as the Secretary of the Province and as Attorney-General, Philip Calvert (1657) being the last to hold both offices. The following were the attorneys-general of Maryland from the settlement until the end of the period covered by these records: John Lewger, 1634-1647; Thomas Hatton, 1648- 1654; William Durand, 1654-1656; Philip Calvert, 1657; Richard Smith, 1657- 1661; Thomas Manning, 1661-1663; William Calvert, 1663-1670; Vincent Lowe, 1670-1676. Many men of prominence, and a few women, appear more or less frequently as attorneys, some women with such frequency as would indicate that they were looked upon as desirable agents in their several counties. In Kent County Henry Carline appears as attorney seven times, Joseph Wickes six times, Thomas Hynson, John Coursey, and John Edmundson five times each, and various other planters somewhat less frequently. Three women appear as attor neys in Kent: Mrs. Mary Bradnox three times, and Mrs. Katherine Seale and Mrs. Sarah Harris each once. Matthew Ward of Talbot County, whose name is to be found on the list of students of Gray's Inn, London, April 30, 1657, appears twenty times between 1671 and 1676, as attorney in Talbot and Kent counties. Michael Miller of Kent was attorney no less than fifty-five times from 1670 to 1676, and George Oldfiefd ten times in the year 1676 alone. In Somer set County Randall Revell is entered as attorney seven times, Ambrose Dickson, |
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Volume 53, Preface 43 View pdf image (33K) |
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