Correspondence of Governor Sharpe. 9

they Ruled that what the Witnesses declared they heard an
Old Woman say, was good Evidence, contrary to the known
rule not to admit hearsay as Substantive Evidence; And
lastly, they violated both this & another rule, that a party
interested shall not be a Witness, for their Honours ruled that
what the Witnesses declared they had heard a person who at
the time of which they spoke was in Possession of this Land
and claimed it as his own say, concerning the manner in which
he came by it, to be good Evidence; And thus they made out
those two steps of their Title, & those facts were allowed by
the Court to stand in the Special Verdict as proved; They
having by this means made out their Title under the Original
Patentee, whence consequently there could be no Escheat, &
therefore the Escheat Patent void ; By the Extraordinary &
absurd determinations of their Honours with regard to Evi-
dence ; And which may serve as a Precedent for them in
other Similar Cases & so Strip the Proprietor of his rights to
Escheates, by Pretended proof; And notwithstanding the direc-
tion of the Court to the Jury for a Special Verdict (w^h was
drawn up) the Def^t Counsel endeavoured to preswade the
Jury to find a General Verdict from popular arguments to do
so; And notwithstanding M^r Attorny Bordley endeavoured
to awaken their Honours from their seeming Lethargy by
putting them in mind of their proper Authority, the debate
being Ended & Submitted to the Decision of their Honours,
they did Stop M^r Goldsboroug; And his Honour the Chief
Justice (a Clerk to a County Court) directed the Jury to find a
Special Verdict; But at the same time told them, that how-
ever they might if they pleased find a General one ; Upon this
they retired & returned with a General Verdict for the Def^r;
And thus M^r Chief Justice as a Weather Cock Blown &
Wavering at all points (of Law) his Vane of Judgement set-
ting North East (or rather North West the Blight in America)
he Breathed forth (words) & Blasted the face of "Justice &
Darken'd the proper lights for an Appeal; What a Judge !
against his Lord; He has Manifested good cause for his
remove from the Seat of Judicature. I understand the Chief
Stress of M^r Dulanys opinion on Land Escheated ag^t the Pro-
prietor is " that if he is to be considered as a Count Palatine
Armed with all his Jura Regalia in this light he must be
restrained by the same rule as the King is in the case of
Escheates & that therefore an office of Entitling is Necessary
to enable the Proprietor (as in the Case of the King) to grant
Escheated Land S^r Robert Henley his opinion is " I see no
objection to the Method used for the recovery of Lands
Escheated in Maryland, nor no grounds for saying an office
should be first found &c^a" M^r Pratt says, "I think no office

Calvert
Papers.