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Land Office and Prerogative Court Records of Colonial Maryland
Volume 415, Page 18   View pdf image (33K)
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18 LAND OFFICE RECORDS

It is perceived that although land affairs at this period were
attended to somewhat confusedly with all other kinds of business
in the only office then existing, a framework of the Land Office seems
to be already in existence. Kilty is of the opinion that previous to
1680 explicit instructions for the proceedings of the Land Office,
and for that purpose only, had not been prescribed—partly because
up to that time the government had been generally in the hands of
the Proprietor's near relations and partly because up to that time
no office had been set aside especially for land. The only clue to
such a previous system would seem to lie in a certain "Book of
Instructions", no longer in existence, but mentioned in the list of
books of records turned over to John Llewellen in 1680. 15 At any
rate, Charles, the third Lord Baltimore, is identified with the sepa-
rate and formal establishment of a Land Office when, in 1680, he
for the first time" erected an office by that name and gave the charge
of it to John Llewellen with the denomination of Register. As such,
Llewellen was authorized to take into his care all the "records
transcripts, bookes papers and memorandums", to take the probate
of rights for land, to issue and sign warrants, and upon return of
certificates to draw up. patents. 16 The Register, it is seen, now has
the powers formerly reserved for the Governor or the Secretary.

Four years after this, Charles, about to make a second visit to
England and determined apparently to put land matters on an
efficient and dependable basis before leaving, committed the sole
management of land affairs to a select council consisting of four
members and termed "the land council" or more formally "his
Lordships Council for lands specially appointed. " At the same time
he made out a set of instructions intended to cover all operations
of the land office, and from this time the complete and distinct
organization of this agency takes its date. 17 The new council was
authorized to hear and determine all matters relating to land that
were brought before it. Two of its members, the Secretaries of the
province, were authorized to issue land warrants, and one of the
Secretaries with one of the other members to sign, all grants. At
this point then, the land business had become thoroughly organized
in what was chiefly a private office of the Lord Proprietor, which
office held jurisdiction over the keeping of the records, over every-

15 Warrants, Liber 3, first page; see p. 77.
16 Ibid., p. 24.
17 Kilty, p. 109.


 

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Land Office and Prerogative Court Records of Colonial Maryland
Volume 415, Page 18   View pdf image (33K)
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