Correspondence of Governor Sharpe. 7

whom is Chief Justice, one of the Judges of the Land office,
two Members of the Council (W^m Goldsborough and Jenkins
Henry, both able Men & I think well disposed) either of whom
can rarely from their great distance & Infirmities, attend;
And three other private Men to whom I learn are extreamely
weak; making Nine in all. This number is easily conceived
to be to learge, it is more than double the number of any of
the Courts in Westminster Hall, which never exceed four
Judge ; nor is there the least occasion for the Provincial
Number, since they have no business to do out of the Court
but what two County Magistrates (who swarm in every
County) can do as well as themselves ; And in Court, the
Decision of 5 will be generally more Just than if they were
50; It being more easy to Collect together the small number
of five who may be all Men of understanding & more free
from Taints of popularity & other prejudices than a Larger
number. And as it has been prudent to come to the Resolu-
tion (which Resolution ought to be fixed) of dividing no more
Counties in this Province, because every Division by increas-
ing the Number of Delegates, increases the number of oppo-
nents to the Goverment, the same reason will hold good in
the Provincial Court, since by every Addition to their number
you hazard the Introduction of some who are either weak or
wicked; Whence too, it is pretty clear that the smaller their
number, the greater probability there will be of admitting
only such as may be deserving of this great trust. I would
therefore humbly recommend a Reduction of the present
number to five; for I think the number ought to be odd, to
avoid the inconveniences of an Equal Division between them
in point of Judgement: And to do this in a manner the most
Salutary both to his Lordships rights, & to the Honour &
Dignity of the Goverment, I would humbly propose the leav-
ing out the three County Clerks at once ; for considering the
Provincial Court as the Supreme Court of Law in this Prov-
ince, it is obvious, that it ought to keep clear both from con-
tempt in it self, & from reflecting any to that Goverment of
which it is so conspicuous a Member; (and concerning);
understanding a Doctrine prevailed about Escheated Land to
the Lord Proprietor Q^re the Right on Escheat to him ; And by
intelligence from the Province setting forth the matter arising
thereon, the case was stated, and answered by opinions S^r
Robert Henley & M^r Pratt Attorney Generals here & trans-
mitted to M^r Bordley Attorney General in Maryland ; And on
which right I learn since from persons here & from the Prov-
ince, that a late Instance on Escheated Land at the Provincial
Court adjourned to July last, a cause was Tried under the
Escheat Patent. M^r Charles Goldsborough & Edward Dorsey

Calvert
Papers.