Correspondence of Gov. Horatio Sharpe, 1754-1765. 511
by the Superior Courts of Law here be adjudged, Extra
Judical not the Letter of the Law Enact'd all concern'd must
nicely steer to avoid the shoals & Sands that the ship splits
not on the Rock, the Channel seems clear hy the Lo. House
being convinced by Mr Pratts better reason in Opinion of
Law, inconsistant to Levy the Duty on Convicts, and taking
other means to repay the insufficiency of the Act for that
purpose. My Lord recomends your serious Considn thereon
wth the Advice of the Upper House. Ld Chief Justice Mans-
field's Observations sent & the opinion of Mr Pratt's Demon-
strates, that an Act of Parliamt is Similar to a Diamond, not
to be touch'd, but by its own Power.
My Lord has recd a Letr from John Jackson Esqr of Ire-
land wherein he says " I understand that Mr Edwd Mapother
is gone to England to treat with yr Lordp ab* an Estate
Grant'd by one of yor Lordps Predecessors to George Talbot
Esqr Thirty two Thousand Acres of Land in Cecil County
in Maryland " He opposes the Treaty of the said Mapother,
says, Col. James Talbot made a Will in 1729 at Barcalona
in Spain, Left his Estates to His uncle Edwd Crofton of
Longford, who made over by Deed to his son James Crofton,
Jams Crofton to his Children says that Mapother come to the
Deeds Relative to the Interest in Maryland by the Death of
an aunt of his, who died at his House & who Stole them
from her Brother James Crofton, that there are two Sons of
James Crofton now in his Majesty's Service in America &
that the Executrs of James Crofton intend to file a Bill agt
Mapother My Lord has not answd the Letr a Mr Kelly wth
another has been with Me, they seem'd by style the stamp of
Kilkeney, I can't Rehearse their Discourse of claim, in short
I told them that the late Lord Baltimore had Seisin by Law
the Estate in Maryland on forfeiture by Acts of Rebellion of
Mr Talbot in 1715 or 1716, that Persons claiming had filed a
Bill in Maryld to recover, that a copy of the Act of Rebellion
agt Mr Talbot certify'd by the Comissrs of forfiet'd Estates &
delivered to the Guardians of the present Ld Baltimore had
been sent to make good the late Lord's Seizure. Hah! by
my Soul says Mr Kelly, it will be difficult to prove it to be the
said Mr James Talbot the Person Guilty. "I told him the
Negative was with him & his friend that he was not, that I
was no Lawyer, however the Act of Rebellion was proof for
the Late Lords Seizure." By my Soul says he if then? it
belongs to the Crown I reply'd be it so, It belongs to Ld
Baltimore as of Right to him by forfeiture to his Charter,
he standing in Maryland in the Crowns shoes. After much
altercation I told them, I wod write to the Govr to know how
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