CUNNINGHAM ». BROWNING.

20th June, 1827.—BLAND, Chancellor.—This caveat standing
ready for hearing, and the argument of the caveator's attorney
having been heard, and the notes of Browning's counsel having
been read, the proceedings were thereupon read and considered,

The Chancery Court of England has always been considered as
the prototype of that of Maryland; and, that the one has been in
fact the exemplar of the other, in almost every respect, might be
shewn by a comparison of the various offices, powers, and juris-
dictions of each of them. The chancery of Maryland, as well as
of England, was originally resorted to as an Officina Bremum.
In cases of scire facias, to repeal letters patent, and in some others,
in which the Chancellor sits as a court of common law, his authority
is substantially the same in Maryland as in England. As mere
courts of equity, there is scarcely any difference between the Court
of Chancery of Maryland, and that of England. And the form of
proceeding by caveat, according to which the Chancellor is now
called upon to act, is one which has been derived from the chancery
of England; and is regulated by forms and principles similar to
those by which the English mode of proceeding by caveat is
governed. It may be well, therefore, for the better under-
standing of this, and all similar cases, briefly to review the mode
of obtaining a patent grant for land in England, and in this
State; and the general doctrine in relation to caveats, before the
merits of the case, now before the court, are taken up, considered
and determined.

The king of England being invested with a limited sovereignty
over the realm, all public property belongs, to him in that capacity;
and all lands are said to be held directly or indirectly of him. The
king is also invested with authority to create corporations, to grant
franchises, and to dispose of any lands, or public property, at his
pleasure. Anciently, a large proportion of the king's revenue arose
from lands granted by him; as to which the Chancellor and Trea-
surer had checks upon one another. The Chancellor made out all
patents for lands; for, no real estate was to be parted with by the
crown without the great seal; but then the rents of such tenures
were to be accounted for before the Treasurer, (a) The granting
of a franchise, or of any estate of inheritance in lands, could only
be done by a regular patent under the great seal, specifying par-
ticularly the franchise, or estate granted. But the same degree of

(a) Gilb. Exch. 9,10.