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probably be, from time to time, induced to quit their practice, and
go on the bench; but as these judges are at this time allowed nothing
for their attendance and trouble, except about eight shillings sterling
a day for the time the courts sit, or sixteen pounds a year, (payable
at the pleasure of the General Assembly, perhaps once in seven

p. 23

years) no gentleman, that has any practice as a lawyer at the bar,
will chuse to qualify as a judge; nor is it, as I am informed, without
some difficulty, that other gentlemen of capacity are prevailed upon
to act. These judges are likewise under the obligation of a similar
oath with that taken by the Justices; and all matters of fact in this
court also are tried by juries chosen by ballot, out of persons that
are summoned from the several counties; it is not probable then
that any partiality should, in this court, be shewn to the Proprietor,
his Lieutenant-governor, or any of his council; nor can the author
of the Queries mention a single instance of such partiality.
Query 15th. "Who presides as Chancellor? Does not the Gov-
ernor for the time being ? Is he, from the nature of his office, more
independent than the rest of the judges ? Is his extensive knowledge
in jurisprudence the notive for advancing him to this important
station; or rather, is it not an office annexed to that of Governor,
whatever may have been his former profession ? Should such a one,
whose education has been no ways suitable to so exalted a character,

p. 24

call in the sages of the law to his assistance, who are they? Are
they not gentlemen of the Proprietor's council, perhaps advocates
at the bar, who, as has been before observed, have very lucrative
offices, and are created or annihilated, both as members of the
council, and of the Upper House of Assembly, solely by his will
and pleasure ?"

Answer. As the Governor in most, if not in all the crown govern-
ments, is Chancellor, so is the proprietor's Lieutenant-governor in
Maryland: when he pleases, he may call to his assistance any gentle-
men of the law, who do not practise in that court, and he generally
does so; and as many decrees have been given by the present Chan-
cellor, and only one, I am informed, appealed from in the course
of more than ten years, it must be presumed that the parties were
satisfied, and the determinations agreeable to justice, equity, and
good conscience.

p. 2;

Query 16th. "In case of appeal from either of the two former
courts, who constitute the Court of Appeals? Do not the Governor
5 and his council? Is it probable, that a decree in Chancery will be
reversed in this court, where not only the Chancellor himself, but
even the same sage assistants in the law, preside as judges? or will
any man, who is a judge of the human heart, and acquainted with
all its passions and imperfections, determine property to be very
secure, where such enormous powers are lodged in the hands of a
junto, who may possibly, in future ages, forget the noble ends for