xiv                  Introduction.

         What at first sight might seem to be admiralty cases, the forfeiture of ships
       and cargoes for violation of the English navigation acts, were, however, heard
       at this period, both in England and in Maryland, not in Admiralty courts but
       in courts of law. Three of these forfeiture or confiscation cases, referred to in
       a later section of this introduction, came before the Provincial Court (pp. lvii-
       lix). Cases involving estates of orphans, generally heard with other types of
       cases at regular sessions, occasionally came up at a session specifically desig-
       nated either as a Court of Orphans, or an Orphans' Court (pp. 202-207, 548).
         The Provincial Court usually held three regular sessions a year at St. Mary's
       City, one in February, one in the spring or early summer, and one in the late
       autumn or early winter. During this five year period the three regular ses-
       sions were held each year; and in the year 1667 two additional meetings—both
       at Mattapany, one in March to consider an admiralty case, and one in April
       specifically designated as a “Chancery Court”. Summer sessions were avoided
       on account of their inconvenience to planters. The court called, to meet in De-
       cember, 1667, was postponed until February “by reason of the indisposicon of
       body wth severall of his lo'ps Justices who cannot then be present in Court . .
       as alsoe the present expedicon agt the Indian Enemy with other Publique Af-
       faires which cannot suffer Delay” (pp. 219, 220).
         The members of the Provincial Court and of the Governor's Council at the
       beginning of this period, with a notation following each name showing the
       years of service, were the following: Governor Charles Calvert (1661-1684),
       son of the Lord Proprietary Cecilius Calvert, and later himself third Lord
       Baltimore, and Proprietary; Philip Calvert (1660-1682), the Chancellor;
       Richard Boughton (1666) of St Mary's County, Provincial Secretary; Jerome
       White (1663-1670) of St. Mary's County, Surveyor-General; Edward Lloyd
       (1650-1666) of “Wye”, Talbot County; Henry Coursey (1661-1687), also of
       Talbot; Baker Brooke (1658-1680), of Calvert; Colonel William Evans (1662-
       1669) of St. Mary's; and Thomas Truman (1665-1685), of Calvert.
         Richard Boughton appears at only one session, that for June, 1665. Colonel
       William Evans last sat at the February, 1668/9, court and died soon after-
       wards. In the spring of 1669 Governor Charles Calvert went to England, not
       returning until the close of the following year. In his absence the functions
       of the governor were exercised by three deputy governors headed by the
       Chancellor, Philip Calvert, with White and Brooke as associates. During this
       period Philip Calvert presided in court and in the Council. At the December,
       1669, session two new members added to the court were William Calvert (1669-
       1682), of St. Mary's County, the Governor's nephew, and Samuel Chew (1669-
       1677) of Anne Arundel; and at the December, 1670, session, William Talbot
       (1670-1671) of Baltimore, the new Provincial Secretary, and Edward Fitz-
       Herbert (1670-1673) of St. Mary's, were sworn in as new members. Coursey
       and Lloyd who lived on the Eastern Shore were frequent absentees. Jerome
       White went to England soon after the April, 1670, session and did not return.
       As far as can be learned, none of these justices had been practicing lawyers,
       except William Calvert, who had been attorney-general and practicing in this
       court for some five years.