Maryland(Colony). Prerogative Court.

The probate court of Maryland for the greater part of the colonial period was called the Prerogative Court. Many features of the court, notably the terminology, were borrowed from the English Prerogative Court. The origin of the court in Maryland can be traced to the charter granted Lord Baltimore in 1632. In it, he was given complete control over the colony, including control over matters of probate.

In 1637, Lord Baltimore appointed his brother, Leonard Calvert, lieutenant general (governor) and placed him in charge of the colony. A council was named to advise him with one of member, John Lewger, designated as secretary of the province. In 1638, Lewger was appointed commissioner "in causes testamentary, to prove the last wills and testaments of persons deceased."

Yet, it was not until 1670, when Sir William Talbot became Maryland's secretary that the Prerogative Court may be said to have been formally established. With Talbot's appointment, Lord Baltimore gave him full power "to hear, sentence, and declare all matters touching wills, administrations, and inventories." On May 19, 1671, the term "Prerogative Court" was first used in the records of the court.

Talbot was the last secretary to have jurisdiction over probate matters. On November 20, 1672 the office was separated from that of the secretary and Philip Calvert received a commission as chancellor and judge or commissary general for probate and wills. Under Calvert (1673-1682) the court did not use the term "Prerogative Court." After Calvert died in 1682, the term reappeared and was used continuously thereafter.

The Maryland Constitution of 1776 provided for the appointment of a register of wills in each county and, by implication, abolished the Prerogative Court. The following year, the General Assembly formally abolished the court and established an Orphan's Court and register of wills in each county (Laws of 1777, ch. 8). Probate records maintained by the Prerogative Court included administration accounts, inventories, testamentary proceedings, and wills.

From the description of Agency history record, 1638-1777. (Unknown). WorldCat record id: 162145913