THE CHANCELLOR'S CASE. 625

manner, and at such time as the legislature shall hereafter direct,
upon consideration of all the circumstances of the State." Thus,

having not yet empowered your chancellor or chief justice of your said court to
answer petitions or make orders touching the proceedings, as is used in England,
without a full court of four at the least; your petitioners are therefore necessitated to
apply themselves to your lordship and humbly pray, that your lordship would please
to order that the defendant may put in his answer by a certain day," &c. Which
was accordingly ordered by the lord proprietary himself. ( Chan. Proc. lib, C. D.
fol 306.) But it appears, that William Holland was by a commission from the lord
proprietary, under his great seal at arras, bearing date on the 27th of February 1719,
attested by his governor, constituted chancellor of the province, with full power to
do, perform, hear and determine all such matters and things as to the office of chan-
cellor of right belonged or appertained. After which the chancellor of Maryland
always sat as sole judge, without assistants; and his court was thenceforward
in all respects as accessible for all persons as the chancery court of England.—
(Chan. Proc. lib. P. L. fol. 483, 717.)

During the short time that the government of the province was taken immediately
into the hands of the king, it does not appear how the chancellor was appointed.
Although it seems to have been most usual to constitute the same person both
governor and chancellor, as in the case of John Hart who was governor and chan-
cellor, (Chan. Proc. lib. P. L .fol. 74, &c.) yet it was not always done, for it appears,
that different persons were sometimes appointed to fill each office, (1697, ch. 6, s.6,)
but however that might have been, it is certain, that the two offices were always con-
sidered as being entirely separate and distinct in their nature.

It appears, that Robert Eden, the last provincial governor of Maryland, (who was
brother-in-law of the then Lord Baltimore, and a lieutenant in the Coldstream regi-
ment of guards,) was commissioned as governor, with the approbation of the king,
(as was required by the statute of 7 & 8 W. 3, c.22, s. 16,) by the lord proprietary;
Which commission he produced to the provincial council who thereupon administered
to him the oaths appointed to be taken by the governor. Immediately after which
his predecessor, Horatio Sharpe, delivered to him the great seal of the province,
whereupon the oath of chancellor was administered to him, Eden, by the members
of the council then present; all of which was entered of record in the book of
the council proceedings.—(Conn. Pro. lib. N. folio 32, 45, 47.)

By the Declaration of Rights it is declared, that the chancellor and judges ought
to hold commissions during good behaviour; and the Constitution also declares, that
they shall hold their commissions during good behaviour; that the governor for the
time being, with the advice and consent of the council, may appoint the chancellor
and all judges; that the council shall have power to make the great seal of this
State, which shall be kept by the chancellor, for the time being, and affixed to all laws,
commissions, grants and other public testimonials as has been heretofore practised in
this State; that every bill passed by the General Assembly, when engrossed, shall be
presented by the speaker of the House of Delegates in the Senate to the governor
for the time being, who shall sign the same and thereto affix the great seal, in the pfe-
sence of the members of both houses; and that all public communions and grants ran
thus: "The State of 'Maryland," &c. and shall be signed by the governor, and
attested by the chancellor with the seal of the State annexed, except military and
militia commissions, which shall not be attested by the chancellor, or have the seal
of the State annexed.

Some of these constitutional provisions are apparently incompatible with each
other. It is declared, that the great seal shall be kept by the chancellor; and also,

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