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appears irrefragable at least it never Can be invalidated but
by Act of Parliament which at once Strips the King and the
Proprietary This being a part of the Prerogative which no
Act of Assembly ever can affect.
The second mode by which Plurality of Parishes is tenable
in Maryland Is set forth in the 16th Clause of Act of 1701/2
"And to the Intent that this Act may answer the
Ends of The Makers which is, that his Majesty's good
Subjects in this Province may be instructed in Religion
and therein of their Duty to God, his Majesty & them-
selves, and those pious and exemplary Persons that
Labour therein may be suitably provided for. Be it
Enacted that no Minister Nor Incumbent shall hold
more than two Parishes, nor two, unless by the Desire
or Agreement of the Vestry of the said Adjacent
Parish, and Consent of the Vestry where he resides
and Appointment of the Ordinary.
The first Reason Assign'd for the Enacting this Clause is
for the Benefit of the People, that they may be instructed in
Religion. The second Reason given is for the Benefit of the
Ministers. That they may be Suitably provided for both which
Causes co : operating induced the Legislature to Give Licence
to one Minister to hold two Parishes, and this is directed to
take Place by the desire and Agreement of the Vestry of the
Adjacent Parish and Consent of the Vestry where he resides,
and Appointment of the Ordinary. And from the Tenor of
the whole Clause it is Clear that the Intention of the Legisla-
ture, was that one Minister should hold officiate and do duty
in both Parishes himself.
This Clause is calculated for the Infancy of a Colony, where
there Being a Deficiency of Clergy, Vacant Parishes may have
the Assistance of the Minister of a neighbouring Parish to
preach to them and perform from time other necessary Minis-
terial offices. The method Pointed out by which this is to be
effected is by Desire or petition. They Petition the Ordinary
to appoint such a Minister and they ask the Consent of the
Vestry of the Parish where he resides, to spare their Minister
now and then as Convenience might suit for those purposes.
Such Consent was thought necessary as it was a favour
granted by one Parish to another To Lend the Assistance of
their Minister (the Service of his own Church Being then
Omitted) and Likewise a Benefit to the Minister by giving
him a Title to the Additional Income of the other Parish and
the Appointment of the Ordinary ratified the whole.
A Petition presupposes an Absence of Right. Where there
is a Right there need be no Petition for the Law never
gives a Right without a Remedy. If a Vestry in this Case
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