16 LAND OFFICE RECORDS

did by a Deed under their hand and Seal bearing date of St. Maries
9th May 1634, agree and promise to and with Capt. Henry Fleete
... that he should have 4, 000 acres of Land. "⁷ The earliest land
transactions, then, would seem to have been in the hands of the
"Governor and Comisioners. " The first official evidence bearing
on land administration is the commission, dated April 15, 1637,
appointing Leonard Calvert as Lieutenant General or Governor of
the province. Among other things Calvert is by this commission
empowered "to pass any Grant under our Said Great Seal... All
which Grants Soe to be made... and the Said Warrants under our
hand and Seal for the passing thereof, Shall be enrolled by our
Secretary of our said Province, for the time being and not before
... Shall be effectual in Law against us, and Shall bind us and
dur heirs... "⁸ This same commission appointed three men as a
Council to the Governor, one of the three (John Lewger) being also
appointed "Secretary and Keeper of the acts and proceedings of
the Governor and Council for the time being, and for the doeing
(i. e. making out) and recording of all grants of land or of offices
within the province, " as well for recording generally all matters
necessary. ⁹ Before the colony began to expand then, land business,
like all other business, was attended to directly by the Governor and
Council and Secretary.

In March 1638/9 an act was passed whereby "no Grant Deed
tease Conveyance or Estate hereafter to be made by the Lord
Proprietarie or his heirs to any person or persons whatsoever...
Shall be of any force or validity in law to any intent or purpose
whatsoever untill such grant deed Lease or Conveyance and the
Warrant given or to be given under the hand and Seal of the Lord
Proprietarie of his heirs for the passing and granting the same
shall be enrolled by the Secretary of the Said Province... "¹⁰

In 1641 a new development comes in the establishment of the
office of Surveyor General. This office transcended that of a mere
surveyor and was more like that of the steward of an English
manor. During the first period the incumbent was always a mem-
ber of the council of state, and was not so much expected to make
surveys himself as to appoint surveyors and control their work and

⁷ Patents, Liber 1, p. 97; John Kilty, The Landholder's Assistant and Land
Office Guide, Baltimore, 1808, p. 64.

⁸ Patents, Liber 1, p. 13.

⁹ Ibid., p. 15; Kilty, p. 65.

¹⁰ Assembly Proceedings, Liber C & W H, p. 34.