Appendix. 417

in any instance, they could scarcely do so, unless they were also to
corrupt the juries, who are always inclined to favour the liberty of
the subject, and have, as it were, a negative in the executive part
of government.
Query I4th. "Who sit as judges in a superior court of judicature ?
Do not the ministerial officers of inferior courts? or, in other
words, do not several clerks of the County Courts preside as judges
in the Provincial Courts ? and are not most of the other judges com-
posed of men who enjoy other offices under the Proprietor? Is
there an instance of such absurd, to say no worse, distribution of
power under any government whatever, as, that the servant of an
inferior court should sit as judge in a superior one? Are not these
judges too dismissible at pleasure?"
Answer. The judges of the Provincial Court, being eight in num-
ber, are appointed by commission from the Governor, under the
great seal, to continue during pleasure: they are gentlemen of as
good estates, and unexceptionable characters, as any in the Prov-

Contempo-
rary Printed
Pamphlet
Md.Hist.Soc.
p. 20

ince; one of them is a member of the council, who for many years
practiced in the courts of law; four of them have no offices whatever
under the Proprietor; and two of them are clerks of counties, or keep-
ers of the county records; the business of which offices, however is
entirely transacted by their deputies; so that there is not any great im-
propriety in their sitting in a superior court (as I conceive) with six
other judges; nor are they treated with less respect on account of
the offices they hold in their counties. Why does not the legislature
provide a sufficient gratuity for such persons in so eminent, useful,
and necessary an employ, essential to the very being and support
of property? It behoveth all governments to maintain the judges
and ministers of justice, in such a manner that they may be under
no undue influence; and to have a vigilant eye upon their proceed-
ings. No doubt their office ought to be quamdiu bene se gesserint,
and to have sufficient salaries annexed to it, to keep them free and
independent of power. All those intrusted with supreme authority
and power; all countries ought, in duty to the Proprietor and them-

p. 21

selves, and in gratitude for so essential a point, to enable him, as
supreme head, to settle sufficient rewards on the administrators of
justice. Those in supreme authority, as Sir Walter Raleigh ob-
serves, "are to make choice of good men, and being chosen, to hold
them in good reputation, so as the ordinary course of justice may
proceed; for otherwise great disorder, contempt, and general con-
fusion will ensue thereof." Provincial judges, so circumstanced in
Maryland, would secure to the people good judgment both in law
and equity, especially as their judgments are subject to appeal to our
Sovereign. Can a country have a greater blessing than a right
administration of justice? But to return to the Querist; was the
case as above related, some of the most eminent lawyers would

p. 22