84 PREROGATIVE COURT RECORDS

Province, he also made him "Judge of all Causes Testamentary &
Matrimoniall".¹¹ The linking of probate and matrimonial matters
was obviously influenced by the practice in England.

In spite of the confusion created by Ingle's Rebellion and the sei-
zure of the government by the Parliamentary Commissioners, it
appears that the person occupying the position of Secretary of the
.Province continued to have jurisdiction over probate matters until
1673. Every Secretary's commission found in the records of the
Province before then includes this responsibility. However, some
of the governors took an active interest in the office. Philip and
Charles Calvert, especially, are often mentioned in the records as
having proved a will, granted letters of administration or performed
some similar duty.

Although the chief officer for probate matters had been called
a judge as early as 1642,¹² he did not begin to preside over a court
until much later. The first style of court appeared in the records
on July 30, 1670 while William Calvert was Secretary.¹³ About
the same time, the Court began to try libels, issue citations, and
perform other duties of a judicial nature. But it was not until
Sir William Talbot became Secretary that the Prerogative Court
may be said to have been formally established. His commission,
which was issued by Lord Baltimore on August 7, 1670, included
the usual powers of a Secretary. In addition he was given "full
Power and Authority to issue out Commissions and process in our
name and to hear Sentence and declare all matters touching wills
Administrations and Inventories and also the Incidents Emergen-
cies and dependencies thereupon and to make and appoint Registers
& other Officers in relation to the Probate of wills and Granting
of Administrations in all Counties and places within our said
Province."¹⁴ It was-on May 19, 1671, during his term of office

¹¹ Ibid., III, 116. By this time, the Secretary was performing an infinite
number of duties. In addition to the probate and matrimonial duties
already mentioned, the commission cited above made him "principall
officer and keeper of the acts and proceeding of us [Lord Proprietary]
and of o^r Lieuten^t Grail and Counsell....... and for the entring and re-
cording of all grants..... of any lands or offices within o^r said Province
of Maryland, and for the entring and recording of all other matters, acts
and things" concerning the Province. He was also made "Collector and
Receiver of all our rents revenues and customes."

¹² Ibid., I, 154.

¹³ Testamentary Proceedings 4A, 11.

¹⁴ Arch. Md., V, 70.