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Correspondence of Governor Sharpe, 1757-1761
Volume 9, Page 385   View pdf image (33K)
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Correspondence of Governor Sharpe. 385

the order & controul of a County Court, Inferiour both in Dig-
nity & Power to that where they now Act as Masters; Observe
them in this situation view them now as Subject to the
Humour & Caprice of every Justice of the Peace in the
county, & to Morrow, nay an hour hence if you please,
Behold them mounted again to the Exalted Station of Judges
in the Supreme Court; Reflect only what weight or Authority,
or rather what contempt must attend even the Judges of the
Kings Bench in Westminster Hall, were they to be seen
alternately desending from giving the Law there to the
whole Kingdom, to receiving the Law, nay Acting as Ser-
vants & Underlings to a petty county court in England, And
thence mounting again to their Exalted station; What regard
would be paid to their Decisions ? Tis true, they might be
Inforced by mere dint of Power, but they would be received &
obeyed with Grumbling and discontent; and what scandall &
contempt would not such an appearance reflect upon the
Ministry if not upon the crown itself? But this is not all, for
as it is the Duty of these Gentlemen as clerks to the County-
Courts to make Entries of their Proceedings, so whatever
Blunders as clerks they may commit in such Proceedings,
they may as Judges of the Provinl Court determine to be right,
& thus all hopes of Remedy by way of appeal or Writ of
Error for any Injury sustained in the County Court, is entirely
cutt off, since there can be little doubt that what they do as
clerks, they will as Judges think was right done. I need not
spend more time in shewing the Impropriety & Indecency of
such a stroke in politicks, which I understand long has been
& still continues a Subject of General contempt amongst the
people & of redicule to the Bar, But it may be matter of
wonder what could induce the taking this step at first, it could
not be their abilities that recommend them, because it is
Notorious to all that have any, that they have none; And if it
was an expectation that they would pay a proper regard to
his Lordships rights, those who appointed them were certainly
disappointed at first, or these Gentlemen have since very much
changed their Dispositions. Having done with these Eminent
Gentlemen the county clerks, I beg leave to say a word or two
of the rest & first as to the two Gentlemen of the Council ;
their attendance cannot be depended upon for the reasons I
have already mentioned, & therefore & because it seems an
Indecorum somewhat like that already mentioned, that they
who are of the Council & consequently Judges of a still
Supreme Court should be not only Acting as Judges in the
Provincial Court, which is Inferior to the Court of Appeals,
but even acting an under part to others that sit there, it is
submitted, whether they might not be left out of the Provincial
Original.
Calvert
Papers.


 
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Correspondence of Governor Sharpe, 1757-1761
Volume 9, Page 385   View pdf image (33K)   << PREVIOUS  NEXT >>


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