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in 1727. He remained in Maryland until 1731 when on account of ill-health he
embarked for England, dying of consumption on the voyage home.

This resume of the Chancellery of Maryland covers the first century following
the granting of the charter in 1632. The records, both printed and in manu-
script, from which these notes have been taken, are practically unindexed and
have required a page by page search. There are many gaps, especially during
the Parliamentary disturbances, and again in the 1690- 1730 period, in the records
of the Council, which, if in existence, would doubtless throw additional light
upon the development of the court of the Chancellor during these periods. By
1730 its functions and scope had assumed the form which it continued to have
down to the Revolution, and with a few unimportant changes, until it was
abolished in 1854 by the Constitution of 1851. While no detailed sketch of the
Court of Chancery and of the Chancellor during its first century has hitherto
appeared in print, David M. Newbold, Jr. in his Notes on the Introduction of
Equity Jurisdiction into Maryland 16^4-1220, Baltimore, 1906, touches upon
some of the aspects of its development and discusses a few early equity cases
recorded in the published proceedings of the Provincial Court. The story of the
last hundred and twenty years of its total life of two hundred and twenty years,
may be learned from a study of the manuscript books and records in Annapolis
recording its proceedings, from the printed reports of Chancellor Theoderick
Bland and other later chancellors, and from Maryland law reports covering
this later period.



Ix



The First Century of the Court of Chancery.



As has already been stated, beginning in 1669, separate records were kept
for the Chancery and Provincial courts. The same individuals, however, con-
tinued to serve as clerks for both courts, in the Chancery being designated as
Register, or Register and Examiner, and in the Provincial Court as Clerk.
This continued until 1694, when we find Henry Wriothesley serving in both
courts. In October 1694, under authority given him by the Council to select
a Register, Secretary Lawrence appointed John Freeman, Register in Chancery,
and beginning with Freeman, who remained Register for fifteen years, dif-
ferent men held the clerkships in the two courts. As there is no later record
of the Council concerning itself with appointments of registers in Chancery
to be found, it seems certain that after Freeman the registers were selected
by the court, as such appointments only appear in the minutes of the court itself.

There follows a list of the registers in Chancery from 1669 to the end of
the colonial period. After the registers' names are the dates between which
they held office. In the case of the registers before Freeman there are few
records of appointment, and the dates given are those when the name of each
register is found for the first and last time signed to Chancery papers.

Registers in Chancery.
1669 TO 1776.



Robert Carvile (Feb. 1668/9-Nov. 1670)
Thomas Cabewood (Nov. 1670-Jan. 167 1)
Robert Ridgely (Jan. 1671-Mar. 1674)
John Bloomfield (June 1674-May 1677)
Nicholas Painter (Oct. 1677-Feb. 1781/2)
William Cocks (1682-Mar. 1684)
Thomas Grunwin (Mar. 1684-Apr. 1686)
James Heath (Apr. 1686-Sep. 1686)
Edward Boothby (Sep. 1686-1689)
(Protestant Associators' Convention — Court

not functioning)
William Taylard (Apr. 1692-Oct. 1693)
Henry Wriothesley (Nov. 1693-Oct. 1694)



John Freeman (Oct. 1694-Feb. 1708/9)
John Beale (Feb. 1708/9-July 1709)
Robert Hall (July 1709-Sep. 171 1)
Edward Benson (Sep. 1711-Jan. 1714/15)
Thomas Jones (Jan. 1714/is-Sep. 1716)
John Beard (Dec. 1716-May 1718)
Vachel Denton (July 1718-May 1720)
John Talbot (July 1720-Dec. 1721)
Edward Griffith (July 1722-July 1724)
Richard Claggett (July 1724-July 1729)
John Ross (July 1729-Apr. 1761)
Reverdy Ghiselin (Oct. 1761-Feb. 1768)
James Brooks (Feb. 1768-Sep. 1776)



Chancellors of Maryland.
1634-1776.

In the list of chancellors which follows, where the Governor was also the
Chancellor the former title is prefixed to the name, and where the Chancellor
was not at the same time Governor the name appears without title.

Gov. Leonard Calvert 1634- 1647

During Calvert's absences from the Province the following acted as Gov-
ernor and Chancellor

John Lewger 1638

Thomas Cornwallis 1638, 1641

Giles Brent 1643-1644

William Brainthwayt 1644

William Ingle (usurper) 1645-1646

Edward Hill 1646



The First Century of the Court of Chancery. Ixi

Gov. Thomas Green 1647-1649
Gov. William Stone 1649-1654

During Stone's absences the following were acting-governors
Thomas Green 1649
Thomas Hatton 1650

Robert Brooke (President of the Council) 1652
(Parliamentary Commissioners, William Fuller, President, 1654-1658)
Gov. Josias Kendall 1658-1660
Philip Calvert 1661-1682

Henry Darnall and William Digges (jointly) 1683-1685
Henry Darnall (alone) 1685-1688

Acting-Gov. William Joseph (President of the Council) 1688-1689
(Protestant Associators' Convention 1689- 1690)
John Coode 1690 (?)
Gov. Nehemiah Blakiston 1690- 1693

Acting-Gov. Nicholas Greenberry (President of the Council) 1693-1694
Col. Henry Jowles 1694- 1699

Edward Dorsey 1695-1696, during Jowles' illness

Col. John Addison 1696, during Jowles' illness
Gov. Nathaniel Blakiston 1699- 1702

Acting-Gov. Thomas Tench (President of the Council) 1702-1704
Gov. John Seymour 1704- 1709

Acting-Gov. Edward Lloyd (President of the Council) 1 709-1 714
Gov. John Hart 171 5-1720
William Holland 1 720-1 721
Richard Tilghman 1 721-1725
Gov. Charles Calvert 1725-1727
Gov. Benedict Leonard Calvert 1 727-1 731
Gov. Samuel Ogle 1 731 -1742
Gov. Thomas Bladen 1742- 1746
Gov. Samuel Ogle 1746- 175 2

Acting-Gov. Benjamin Tasker (President of the Council) 1752-1753
Gov. Horatio Sharpe 1753-1769
Gov. Robert Eden 1769- 1776

Richard Lee 1774, during absence of Gov. Eden
Richard Sprigg 1777- 1778
John Rogers 1778- 1789
Alexander Contee Hanson 1789- 1806
William Kilty 1 806-1 821
John Johnson, Sr. 1821-1824
Theoderick Bland 1824-1846
John Johnson, Jr. 1846-1854



CHANCERY COURT PROCEEDINGS

The Reg' Book in the Chan.'^ of Maryland Liber CD

Beginning 16"^ fifeb/ [1668/69] 37° Caecilii &." (ioVi)



19° Feb''y 1668.

John Bayley pit & Kaymond Staplefort deft.

Upon the plaintiffs humble petition this day exhibited to the

and other the Justices shewing that your pef hath exhibited
this Court against the defendant to be relieved against
a Verdict at Law the defendant against the plaintiff upon

a Bond of 2000' penalty dated the 23.*'^ July 1666 Conditioned for
the true performance of a certain then after to be made

and another Clause in the said Condition that if either party refuse
to attend the said Arbitrators such party refusing should

pay 100^ to the other party. And the plaintiff soon after

with the defendants privity and Consent and partly for his use
his return home the defend' caused him to be arrested up
the said Bond & declared for fioo for not attending the
Arbitrators and hath gott Verdict for the same although as is
alleadged the said Arbitrators never mett nor were attended to make
any award and the defend ■} is nothing damnified by any Break of the
condicon of the said Bond or if he be the plaintiff is ready to pay
such Damnification It was therefore prayed that an In-

junction may be awarded against the sd Defendant for Stay of his
preceedings the said Verdict untill he do directly answer

the plaintiffs Bill and sett forth his particular damnifications and this
Court take other order Contrary which this Court held

reasonable and doth order the same accordingly

Signed p Chancell."'

John Nuttall & Mark Cordea Deed

This Indenture made the two and twentieth day of March in the
Seven and Thirtieth Year of the dominion of Caecilius absolute
Lord and proprietary of the provinces of Maryland and Avalon Lord
Baron of Baltemore &" Annocp dom. 1668. Between John Nutthall
of Saint Marys County in the province of Maryland Gent of the
one part and Mousieur Mark Cordea of S' Johns in the said County



2 Chancery Court Proceedings, 1668-69.

Liber C D Inhold/ of the other part Wittnesseth that the said John Nutthall for
and in Consideration of the sume of Five pounds of lawfull money
of England to him in hand paid by the said Mark Cordea before the
Inseal and delivery of these presents the receipt whereof

the said John Nutthall doth hereby acknowledge and thereof and of
every part thereof Both clearly and absolutely acquitt Exonerate and
discharge him the sd Mark Cordea his Ex Adm." and

for divers other good and valueable Considerations him the said Jo
Nutthall thereunto especially moveing hath given granted Aliened
Bargained and Sold and by these presents doth give grant aliene Bar-
gain and Sell unto the said Mark Cordea his heirs and assignes for
ever all the Mann'' or Lordshps commonly called or known by the
name of S.* Elizabeths Mann'' lately purchased by John Nutthall
deceased father of the sd John Nutthall to these pits of and from
one Capt Thomas Cornwallis and now in the Ten Occu-

pation the sd John Nutthall party to these presents ad-

joyning Cornwallis

(fol. 2) eight of one mile the with a meridien

p""^ afd mile untill it intersect a parralell
Line & pathway leading in the head

of S.^ Inagoes Creek and on the North
and Containing by Estimation Two Thousand Acres be the same

with all and every the Land & Tenements
rights members and appurtenances s'^ Lordship

p. 2 belonging or in any wise appertaining with all his to the tt-

halls right Title and Interest in and to the same and every or any
part there with all deeds evidences pattents grants writ-

ings & muniments whatsoever of or concerning the same To have
and to hold the said Mann/^ Lands & premises to the only proper
use and behooff of him the said Mark Cordea his heirs and assignes
for ever. And the sd John Nutthall doth hereby for himself his heirs
Executors and Adminis.''* Covenant and agree to and with him the
sd Mark Cordea his heirs Ex.''^ and Adm.''^ that he the sd John
Nutthall at the time of the Ensealing and delivery of these presents
is and standeth seized of the sd Mannor Lands and premises with
their appurtenances of a firm sure good and undefeazable Estate of
Inheritance in fee simple and that he hath full right good power and
lawfull Authority to Grant Bargain & Sell the same to the sd Mark
Cordea and his heirs and that he will for ever Warrant and defend
the same to him the sd Mark Cordea and his heirs against all persons
whatsoever and that the same Mannor and premises are free and
clear of all manner of Incumbrances whatsoever the Rents and
Services due and payable and hereafter to be due and payable to the
sd Lord proprietor and his heirs Lord and Lords of the fee of the
premises always excepted and foreprized And the sd John Nutthall
doth further for himself his heirs Executors and Adm.'''' Covenant



Chancery Court Proceedings, 1669. 3

promise and agree to and with the said Mark Cordea his heirs Liber CD
Executors Adm" and Assignes and every of them by these presents
at any time whithin these sd seven years next coming at the reasonable
request and at the Costs and Charges in the Law of him the sd Mark
Cordea to do acknowledge make and Execute any other law full Con-
veyance or Conveyances assureance or Assureances in the Law
whether it be by fine or recovery or Inrollment of this p'^'^suits or
otherwise whatsoever as by the Councill of the sd Mark Cordea
learned in the Law shall be reasoneably adjudged devised or required
provided the sd John Nutthall or his heirs be not obliged to travell
out of this County for the doing acknowledging making and execut-
ing thereof provided always and it is the true Intent & meaning of
these presents and the parties thereunto that if the sd John Nutthall
his heirs Executors Adm." or assignes or any of them shall and
do well and truely pay or cause to be paid to the sd Mark Cordea
his Executors Adm." or assignes or any of them the full and just
quantity or Sume of Three score thousand Pounds of good and
merchantable Tobacco in Cask at two entire payments, that is to Say
Thirty Thousand pounds part thereof at or upon the tenth day of
October now next Ensueing the date hereof and Thirty Thousand
pounds Residue of the said Sixty Thousand pounds of Tobacco in
Cask upon the tenth day of October which shall be in the Year of
our Lord One Thousand Six hundred and Seventy at some con-
venient place within the sd County of Saint Marys. That then this
present Indenture and all the Articles Clauses and Covenants therein
Contained to be void and of none effect or else to Stand in full
force power and Virtue in Testimony whereof the parties to this
present Indenture have interchangeably hereunto Sett their hands
and Seals the day and Year first above written.
Acknowledged the 23.*^ day of March 1668.

Phillip Calvert Escp.

Compton Gwyther aged one and twenty years or thereabouts

Sworn Saith that in the Year of our Lord One Thousand
Six hundred Sixty and Six he Transported into this province a
Servant named John Griffith that he signed and Sealed
Indenture with the said John Griffith for four years Service and
no more that he sold the said Griffith to Thomas Paine for the sd
Term of Four Years and no more that the Indenture afd is as Signed
and Sealed in Wales in the Kingdom of England by the said John p. 3
Griffith that is to Say the originall Indent. "^ of which a Coppy was (fol-3)
delivered in this province and further Saith not.

Compton Gwyther.
Juravit Coram me 3^ Aprilis 1669.

Phillip Calvert



4 Chancery Court Proceedings, 1669.

Liber CD Affidavit Ch/ Rousby et ux/ pltfs. John Pearce def.'

The plant.' maketh Oath that upon the 30.''' day of March last
he personally Served the defend.' with a Subpoena Issued out of this
Court by delivering him the same under Seal which Writt was
directed to the said defendant and was for his appearance in this
Court the 13.* day of this Instant Aprill to answer a Bill at the
plantiffs Suit.

Chr : Rouseby/Sworn the 9."" day of Aprill 1669 before me.

Phillip Cal



20.**^ Aprill 1669. The provincial! Court Begun.

Elver James p.'* Ralph Williams defend.' the defen.' app." to a
subp.^ ret 13 Ap.''

Elver James, p." Ralph W."^ def.' the def.' app.'''* to a Subp.* ret.
IS."' Ap.'

Rouseby Chris, p." & uxor John Peirce def.' the defend' app."
ut supra

Bayley John p." Raym.*^ Staplefort def.' appears ut Supra.

A Deed between Coll.° Nath.^ Utye and John Carter Es<5

This Indenture made the Eighteenth day of January in the Year
of our Lord God Sixteen hundred Sixty and Seven Between Coll.°
Nathaniel Utye of the province of Maryland of the one partie and
John Carter Esqj of the County of Lancaster in Virginia of the other
party Wittnesseth that it is Covenanted Concluded Condescended
and fully agreed upon by and between the said parties to these
presents for them their severall heirs Executors and Adminis.''^ that
he the sd Nathaniel Utye shall and will Marry and take to wife
Elizabeth the daughter of the sd John Carter if she the sd Elizabeth
shall thereunto agree and Consent before the last day of february
next and the said Nathaniel Utye for and in Consideration of Six
hundred pounds of lawfull money of England to be to him according
to a Bond bearing date with the sd presents paid by the said John
Carter as a marriage portion for the advancement and good of the
said Elizabeth and for the Love and affection which the sd Nathaniel
Utye beareth to the sd Elizabeth and for a Competent Joynture to
be made to the sd Elizabeth in recompense of all Title and Presence
of Dower that she the sd Elizabeth shall or may Claim out of all
or any the Mannors Lands Tenements or hereditaments of the said
Nathaniel Utye his heirs or assignes or any of them doth for him
his heirs Executors Adm.""* and Assignes and every of them by these
presents Covenant that he the said Nathaniel Utye if the said mar-
riage between him and the sd Elizabeth be solemnized and in case



Chancery Court Proceedings, 1669. 5

she the said Elizabeth Survive and outlive him the said Nathaniel Liber C D
Utye wfill cause to be paid and delivered to her the said Elizabeth
her heirs Executors Adm." or assignes one whole Third
of his goods and Chatties personall & reall that he the sd Nathaniel
shall have right to or be possesst with at his death or else Six hun-
dred pounds of good and lawfull money of England at the choice
and Election of the said Elizabeth and that she the said Elizabeth
shall if she please have one whole years Time after the decease of
the sd Nathaniel Utye to make her said Choice and Election and
also besides the said Thirds of the sd Goods and Chatties or Six
hundred pounds he the sd Nathaniel doth further Covenant to cause
to be delivered to her the sd Elizabeth one thirds of his Mann/
called Spesutia and of all other his Lands Tenements and heredita-
ments that either now doth or hereafter shall belong to him the
said Nathaniel he sd Spesutia

the sd Lands and Tenements and heredita-
ments to her the sd Eliz her assignes during her naturall
Life. And the sd Nathaniel Utye doth further Covenant that in
Case of the nonperformance of the premises it shall be lawfull for
her the sd Elizabeth or her assignes to Sue and Recover
the same in any Court of the province of Maryland or elsewhere the p-4
sd premises shall remain and be. And this Indenture doth further
Wittness that for the better assurance of the p''mises the sd Nathaniel
doth for the Consideration before mentioned Bargain and Sell unto
the sd John Carter his heirs and assignes his said Mannor of Spesutia
with all houseing and appurtenances belonging thereunto To have
and to hold to him the said John Carter and his heirs and doth
Warrant the sd Mannor to be free from all former Bargains and
Incumbrances against all persons whatsoever and that he the said
Nathaniel Utye is the true and sole Owner thereof untill the Sealing
hereof provided that the sd Nathaniel Utye possess and Enjoy and
make use of the same dureing his Life provided also that if the sd
Elizabeth dye before the sd Nathaniel Utye then this deed of Sale
to be void provided also that if the sd Nathaniel Utye do by his will
or otherwise take such Course that the sd Elizabeth be paid and
possessed with all the sd Goods Chatties and moneys in the same
manner as it is agreed on & specified in this Indenture that then also
this Indenture and deed of Sale to be void provided also that if the
said Elizabeth Survive the sd Nathaniel Utye and the goods &
Chatties money and Land be not paid and delivered or cannot be
recovered in possession and peaceably Enjoyed by the sd Elizabeth
and so this sd Deed be in full force that then the sd John Carter
or his heirs at the request of the sd Elizabeth or her heirs or her
Assignes do reconvey the sd Spesutia with all the houses and appur-
tenances thereunto belonging unto the sd Elizabeth and her heirs
begotten on her Body by the sd Nathaniel Utye and in case of no



6 Chancery Court Proceedings, 1669.

Liber C D such heirs or the failing of such heirs then to her and her heirs in
generall And the sd Nathaniel Utye doth further covenant to and
with the sd John Carter and his heirs and assignes that he will
acknowledge this deed of Indenture in the high Court of the province
of Maryland and there Confess a Judgment thereon and have it
recorded within Six months after the date hereof and for the per-
formance thereof Both bind himself and his heirs Execut." and
assignes to the sd John Carter his heirs and assignes the Sume of
Twelve hundred pounds of good and law full money of England In
wittness whereof the sd Nathaniel Utye hath sett his hand and
Seal the date above written to a pair of these Indentures the one to
remain with the sd John Carter till the other be acknowledged
recorded and attested in the same high Court of Maryland and then to
be returned and exchanged with that which is not recorded to be
also attested and remain with the sd Nathaniel Utye as a Counter-
part to that which remains in the hands of the sd John Carter and
his heirs

Subscribed Nath.' Utye
Signed Sealed and delivered in the presence of us

William Pitcher

Thomas Edmonds

[A marginal note reads :] Thus writ at the bottom of the first
page of the Deed being writ in paper thus Viz.' terlined

before Sealing the 20"" line Covenant and bar 30"" line pounds.

Mem." That on the 20.'^ of Aprill 1669 Coll.° Nathaniel Utye
acknowledged the deed before .... Cha.^ Calvert. Phillip Calvert

Inrolled the 23.'' day of Aprill 1669.

Ro : Carvile Reg''

[The oath of Robert Carvile as register and examiner in Chancery]

his Lordships
to what you are other matt to be Entred you shall truely Record &
true Coppys &c when required you shall deliver Subpoenas and other
process of the Court you shall bring to be Sealed with the great
Seal of the province duely justly and equally you shall Examine
p. s their Causes that shall be Committed with you without any favour
(lol. 5) Qj- Corruption of any per or persons to be had otherwise than

of right shall appertain concerning the same and ye shall be at-
tendant as well to his Lordships Business as the same
Causes from time to time as he shall require and ye shall not pub-
li.sh or Shew directly nor indirectly the same depositions to any



Chancery Court Proceedings, 1669. 7

person afore publication in the Court without Warrant of the same Liber C D
Court So help you God and by the Contents of this Book

Sworn the 13.*'^ day of Aprill 1669
Ro. Carvile Phillip Calvert Cane:

Long John p.": W." Baker & Eliz.^ Storey defend.' defend.^

app." by M/ Rozer to 2 Bills.



At a Court held at Saint Maries for the high Court of
Chancery for the province of Maryland was present the
first day of June 1669 & in the 37.''' year of the dominion
of Cascilius &.'^'

Present. The Honble the Chancellour Jerome White
Escp Baker Brooke Escp and Thomas Trueman Escp.

These Causes following were called and ordered that they be
Entred in a paper of Causes by themselves and presented to the
Court to morrow morning.



Wednesday the Second day of June 1669.
Harry Cox Attorney of Dennis p." William Berry defend.'
This Cause being called M.*" Moorcroft Attorney for the p."
informed the Court the same was agreed.

The same day Olliver Holloway p." John Homewood and others
are defend.'^

Whereas by an order of the day of last it was

ordered that the defend.'^ should putt in a better answer to the
Comp.'*^ Bill The Court was thereupon moved by M'' Moorcroft
Attorney for the plaintiff that the sd defendant may putt in his
answer forthwith or that he may stand committed but M."' Rozer
Attorney for the defendant did alleadge that the plaintiff had replyed
to our former answer and so we ought not to answer again. This
Court thereupon doth order that the defendant do putt in a perfect
answer to the sd Comp."^ Bill by tomorrow morning or in default
thereof he is to stand Committed to the Custody of the Sheriff of
S.' Maries County.

M."' Bisse was admitted and Sworn this day one of the Attorneys
of this and the provinciall Court.

M."^ Moorecroft. may putt in a

nswer to the pl.'^ Bill in pursuance of an order of the

last past which ord.'' was read M.'' Calvert Attorney for the
defend.' appears and the defend' being present was this day Sworn



8 Chancery Court Proceedings, 1669.

Liber CD to a second answer to the plantiffs to which answer M/ Moore-
croft craves Leave till the next Court to reply or Except as thereof
shall be cause which is ordered accordingly.

The same day Benjam." Cowell pi* Jon.^ Seybrey defend.' M."'
Moorecroft attorney for the plantiff moves against the defend.* for
a Comittment against him to the Sheriff of Saint Maries County
untill he do pay his Contempt and putt in a perfect answer to the
Complainants Bill there having an Attachm.* issued out against him
for want of an Appearance M.'' Rozer Attorney for the defend.'
putts in a demurrer to the plantiffs Bill M.'' Morecroft prays the
Judgem.' of the Court upon the sd Demurrer and further moved that
the defend.' was summoned to answer and ought not to put in a
demurrer but this Court were of Opinion and so declared that the
p. 6 defend.' upon serving of a Subpoena to appear and answer may putt
(fol. 6) jj^ ^ pjgg^ answer or demurr and that the same shall stand good as if
he had putt in answer according to the practice of the Chancery



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