Original.
Calvert
Papers.
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of Judicature I understand the chief stress of Mr Dulanys
opinion on Land Escheated agt the Proprietor is " that if he is
to be considered as a count Palatine armed with all his Jura
Regalia in this light he must be restrained by the same rule
as the King is in the case of Escheates & that therefore an
office of Entitling is Necessary to enable the Proprietor (as in
the case of the King) to grant Escheated Land Sr Robert
Henley his opinion is "I see no objection to the Method used
for the recovery of Lands Escheated in Maryland, nor no
grounds for saying an office should be first found &c" Mr
Pratt says "I think no office Necessary to entitle Lord Balti-
more at any rate, because it is not Necessary here in England
to entitle the King; For by the common Law the King is
seized Ipso Facto without office upon the Death of his Tenant
without Heir, & it is not clear he may not Grant it over before
office, notwithstanding the Statute of H: 6: a subject in a
common case may Enter or bring his Writ of Escheat, the
Possession is thrown upon the Lord Even before Entery by the
Extinguishing of the Tenancy & he may grant it over before
Entry so that whether Lord Baltimore be invested with the
Kings Perogative in this case or considered as a Subject,
neither office nor Entry are Necessary to support the Patent"
The reasons & stability contained in these two opinions are
Evident against the Sophistery & meaning of the part above of
Mr Dulany's opinion, Therefore if the point of Escheat was
touched upon, which the case turned on the Tryal, then Excep-
tions should have been taken to the opinion of the court con-
cerning the Evidence & the cause removed to the court of
Appeals, in full council, For its solem determination agreeable
to Law & Equity; It can't be, Mr Dulany could have no
more than Mr Bordley could have influence in that high court
against matters of fact, (the Proprietor will not suffer himself
to be striped) besides it has further resort to the King &
Council; where all Evil would have Ended that may tend on
this affair, to Strengthen the General clamour of the People
against the right of Escheats to the Proprietor; for as the
matter of his rights seems by the Tryal at the Provincial
Court, the people without doors will conclude by the Lump of
defeat to him; But of this matter, Mr Attorney Bordley can
best inform I shall return to the Provincial Court the Supreme
Courr of Law concerning its keeping clear both from con-
tempt in its self & from reflecting any to the Goverment;)
But how can this be the case, when every Man who sees their
threeHonours sitting & one of them presiding& dispensing the
Law to the whole Province in this Supreme Court, must remem-
ber that he has seen & expects again to see them prehaps in a
day or two, acting in person as underlings & servants subject to
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