508 Correspondence of Governor Sharpe.

Letter Bk. V

Ldp's Lieutenant Governor was invested with the sole power
of nominating the Members of the new Court due Regard was
paid to the latter, & that as Three of them were to be taken
from the Body of the Clergy They might more readily agree
to the Regulation, but I am for my part far from being con-
vinced that such would be the Case & indeed I perceive by a
Letter I received yesterday from M^r Allen on his Return from
Baltimore Town (where he called on his way from Frederick
County to have a Piece printed of which I inclose you a Copy)
that he considers the Scheme proposed as a most audacious
Attempt on the Priviledges of the Clergy & is for substituting
instead thereof a Commissorial or Episcopal Jurisdiction, con-
cerning which I observe he has already wrote to you, but how
such Jurisdiction can be established or introduced here so as
to have the proper Effect otherwise than by a Law of the Pro-
vince or a Statute I do not know & I am apt to think the
Clergy in general within this Province will not of themselves
apply for either, tho many Individuals among them of the best
sort have even in my own Hearing express't their Wishes that
some Plan could be fallen on to prevent the Scandal reflected
on the whole Body by the flagitious Conduct of some of their
Members. During the Course of the Session a Bill was
moved for & brought into the Lower House for raising a Sum
of Money for the better Support of a Chief Justice & two
puisne Judges within this Province the former to be allowed
£500 & each of the other £300 stg a year to be paid out of
the Ordinary Lycence Fines, a Tax proposed to be laid on
Wheel Carriages &c but as the Bill was of a new & extra-
ordinary Nature it was agreed to refer it over to the Consider-
ation of the next Session so that in the mean time People's
Sentiments on the Subject might be collected. After such
Reference a seperate Bill was prepared for regulating the
Ordinaries, the Fines, to be accounted for to the Treasurers &
be hereafter liable to such Disposition or Appropriation as
the General Assembly may think fit being as I understand
intended as a Fund for the Support of such Judges in Case
the Scheme for their Establishment should be adopted at the
next Session, to which Appropriation I conclude from what
His Ldp said in a Letter he did me the honour to write to me
the 7^th of Feb^ry 1765 he will not object if the Bill for estab-
lishing such Judges is in other Respects unexceptionable. I
will as soon as possible get a Copy of the Bill framed this
Session & transmit it for His Ldps & your Consideration so
that before the Assembly meets again which probably they
will not do till October Twelve month I may be favoured with
His Ldp's Instructions & your Sentiments thereon. It is not
without very great Concern that I advise you of the Loss we