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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 371   View pdf image
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Appendix. 371


the Liberty of the Subject & have as it were a Negative in the
Executive part of the Government.
14 The Judges of the provincial Court being Eight in Number
are appointed by Commission from the Governor under the Great
seal to continue during pleasure, They are Gentlemen of good
Estates, of as unexceptionable Characters as any in the Province,
One of them is a Member of the Council who for many Years prac-
ticed in the Courts of Law, four of them have no Offices whatever
under the Proprietary & two of them are Clerks of Counties or
Keepers of the County Records, the Business of which Offices how-
ever is entirely transacted by their Deputies, so that there is not any
great Impropriety in their sitting in a superiour Court with six other
Judges, nor are they treated with the less Respect on Account of the
Offices they hold in their Counties. Were there indeed handsome
Sallaries settled on the Judges of this Court some of the most emi-
nent Lawyers may probably be from time to time induced to quit
their Practice & go on the Bench but as these Judges are at this
time allowed Nothing for their Attendance & 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 Years) no Gentleman that has any practice
as a Lawyer will choose to qualify as a Judge nor is it without some
Difficulty that other Gentlemen of Capacity are prevailed on to act;

MSS Ar-
chives of Md.
Portfolio 3
No. 76
Hall of
Records

[p. 11]

These Judges are likewise under the Tye of a similar Oath with that
taken by the Justices, & as all Matters of fact in this Court also are
tried by Juries chose by Ballot out of Persons that are summoned

from the several Counties it is not probable that any Partiality

should in this Court be shewn the Proprietary, his Lieutenant Gov-
ernor or any of the Council nor can the Author of the Queries
mention a single Instance of such Partiality

15. As the Governor in most if not all the Crown Governments is
Chancellor so is the Proprietary's Governor in Maryland; if he
pleases he might call to his Assistance any Gentlemen of the Law
who do not practice in that Court & he generally does so, & as many
Decrees have been given by the present Judge of that Court & only
One appealed from in the Course of more than Ten Years, it must
be presumed that the Parties were satisfied his Determinations have
been agreeable to Justice Equity & good Conscience.

16 In Case of Appeal from either the Provincial or Chancery
Court the Appeal is made to a Court composed of the Governor &

[p. 13]

Council but if the Appeal is from the Court of Chancery in such
Case the Governor does not sit as a Judge in the Court of Appeals, &
if the Appeal is from the provincial Court then the Councillor who
sat there as one of the Judges never makes One of the Court of
Appeals; if either of the Parties concerned in the Cause are dis-
satisfied with the Determination of the Court of Appeals they have
a dernier Resort & may carry the Matter home by Appeal or peti-

[p. 13]



 
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Proceedings and Acts of the General Assembly, 1764-1765
Volume 59, Page 371   View pdf image
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