320 Correspondence of Governor Sharpe.

Letter Bk. IV

Warranty in the Grants to be made to Purchasers It would
we are of Opinion greatly forward the Sale & the Warranty
may if Your Lordship chooses be so restricted as not to
extend to the future Improvement of or Rise in the Value of
the Lands sold. As Your Ldp's Commission impowering us
to sell the Mannours particularly directs the Conveyance to be
made by Deeds of Bargain & Sale I take the liberty to com-
municate to Your Ldp a Remark or observation of M^r
Dulany's on that Injunction which might perhaps induce Your
Ldp by an Additional Instruction to give a greater Latitude
or at least make some Alteration with respect to the Mode of
Conveyance. The Ld Prry says he is considered in our
Courts in respect of his Estate in a very different light from
other Persons & after some Contests it seems to be an estab-
lished Point that he can't be disseised of any Lands & there-
fore His grant of Land in the possession of any one whether
by the personal wrongful Act of the Possessor or by Title of
Conveyance or of Descent is deemed to be sufficient without
any Entry or other Step. With this Prerogative His Ldp (as
well as the King) is supposed tho not very properly to be
incapable of Granting but by Matter of Record. The Doc-
trine that His Ldp can't be disseised is very beneficial to him
& therefore every Measure ought to be avoided which may
have any the least Tendency to shake it & as the opinion that
His Ldp cannot grant but by Matter of Record is connected
with it I should incline to have Regard to it in the Grants we
may make & therefore tho the Commission directs Bargains
& Sales yet as a Grant under the Great Seal recorded in the
Provincial Office cannot by any possibility injure His Ldp or
contravene any purpose of His Commission I presume a
Deviation from the Letter of the Commission in this matter
would be excused for the Reason I have suggested, Instead
therefore of Bargain & Sale I would propose the Alteration
Grant under the Great Seal & recorded in the Provincial
Office in a future Instruction which may moreover confirm any
Grants we may make in this manner before the Receipt of
such Instruction. It would also he thinks be proper for Your
Ldp by the same Instruction to take off the Restraint now
directed to be laid on Purchasers with respect to their being
also restrained from Conveying hereafter (what Lands we
may sell them) by any other Mode of Conveyance than that
of Bargain & Sale & to leave them at large to convey after
what Mode they shall think fit provided that every Convey-
ance be Recorded after its Execution in the Time limitted by
the Act of Assembly in the Case of Bargains & Sales. If
your Ldp's Reason for directing the Conveyances to be made
by the Purchasers by way of Bargain & Sale was only that an