10 Correspondence of Governor Sharpe.

Calvert
Papers.

Necessary to entitle Lord Baltimore 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 Enter^g by the Extinguishm^t 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 Neces-
sary to Support the Patent" The reasons & Stability con-
tained in these two opinions are Evident against the Sophis-
trey & meaning of the part above of M^r Dulany's opinion,
Therefore if the point of Escheat was touched upon
which the case turned on the Tryal, then Exceptions should
have been taken to the Opinion of the Court concern-
ing the Evidence, & the Cause removed to the Court of
Appeals, in full Council, For its Solem determination agree-
able to Law & Equity. It can't be, M^r Dulany could have no
more than M^r 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, M^r Attorney Bordley can
best inform. I shall return to the Provincial Court the
Supreme Court of Law concerning its keeping clear both
from Contempt in its self & from reflecting any to the Gov-
erment;) But how can this be the case, when every Man who
sees their three Honours sitting & one of them presiding &
dispensing the Law to the whole Province in this Supreme
Court, must remember that he has seen, & expects again to
see them prehaps in a day or two, Acting in person as Under-
lings & Servants Subject to the order & controul of a County
Court, Inferiour both in Dignity & 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 West-
minster Hall, were they to be seen Alternately desending