INTRODUCTION

        The last six volumes of the Archives of Maryland, from volume LXV to
      the present volume LXX, have all been devoted to the records of the Provincial
      Court. For that reason, much that was said in those past introductions need
      not be repeated here, and the eager reader is urged to go back to them. The
      Court was the highest common-law court in the Province: it was composed of
      judges or justices appointed by the Proprietary to serve at his pleasure. The
      judges were also members of the Council, of the Court of Chancery and also
      of the Orphans' Court. In addition to their service on the Court, most of the
      judges held other offices in the Provincial government, and these offices were
      well paid in fees. Still more, many of the judges were relatives of the Pro
      prietary, and held thousands of acres of land. Sometimes the Proprietary, who
      was in the Province now, read into the proceedings of one body business that
      related more to the work of one of the others.
        “The first and last day of this Provinciall Court his hath appointed to
      sitt in Coundill at the City of St Maries to heare and receive all addresses to
      him made concerning Lands, whereof all persons concerned are to take cog
      nizance soe as to be there personally present themselves or have their Attorney
      there ready to state their Case . . . the 27th Day of ffebry . . . Annoq Dmi.
      1681[2]” (Archives XVII, 74).

        In this period twelve different men served on the court, though in no case
      were more than four or five of them present at any one time. It took four men
      to constitute a court, of whom at least one must be of the quorum. Of course
      it is possible that an absent justice was away on public business; sometimes
      it is certain that this is the case. Sometimes, too, an Eastern Shore man on the
      court could not get across the Bay. Several new justices were sworn in now.
      William Burges of Anne Arundel County was sworn in October 12, 1682, and
      John Darnall of Anne Arundel County and Nicholas Sewall of St. Mary's
      County both were inducted June 26, 1683 (post, 289, 295). Thomas Truman,
      who had been a justice earlier, was chosen for a second time on March 28,
      1683 (post, 371). In his earlier service Truman had shown an uncommon sense
      of judicial propriety. When the case of Jubar's Administrator v Gant came up
      in court, “Thomas Truman Esqr one of the justices of this Court being an
      evidence in this cause refused to sitt as a judge who was afterwards admitted
      by the Court whereupon it is considered by the Court here that a new Venire
      issue to the Sheriff returnable next Court.” (Archives LXV, 634). Because
      he had had to testify, he would have no part in the judging.
        The Court continues to sit every three months except in midsummer, and
      except on Sunday and Monday (Archives III, 546). The time a session
      began was always rather clear: the formula for the opening varied not at all.
      The adjournment was more casual: Sometimes there was no talk of adjourn
      ment, and the closing of a case would be followed, not by the ending of the