496 Proceedings of the Council of Maryland, 1728.

         Lib. X.  said Act and also that your Excellency and Honours will think

                  it reasonable that an Allowance should be made to the said

                  Philip for the Boarding and Cloathing the said Nicholas the

                  Infant for fifteen months past in proportion to the profitts

                  arising Generally from such Reall and personall Estates in this

                  Country and not in proportion to the Interest only of the per

                  sonal Estate by a Computation of six pounds p Cent p

                  Annum                             Philip Lee

                   To which Representation the said Nicholas Sewall by Mr

                  William Beckingham his Attorney appears and Exhibits his

                  Answer to the same which was read at the Board and is as

                  follows vizt

                   The Answer of Nicholas Sewall Junior Exr of the last will

                  and Testament of Henry Sewall decd to the humble Repre

                  sentation of the Honble Philip Lee Esqr

        p.  208   This Respondent by Protestation not owning or Allowing

                  any of the matters Contained in the said Representation to be

                  true as they are therein alledged and saving to himself the

                  Benefit of all the several Statutes herein after mentioned and

                  all the right he has as a British Subject to defend himself in

                  any suit that may be brought against him by the said Philip

                  Lee which right he is advised he is entituled unto and humbly

                  insists upon and in Answer to the said Representation begs

                  Leave to Observe to your Honours that the Act of Assembly

                  in the Representation mentioned Contains nothing more that

                  can be pretended to be Applicable to the said Philip Lees

                  Purpose but the following Provisoe

                   Provided Always that where any Person being a Protestant

                  that shall die and leave a widow and Children and such Widow

                  shall Intermarry with any person of the Romish Communion

                  or be herself of that opinion and profession it shall and may be

                  lawful for his Majestys Governor and Council within this prov

                  ince upon Application to them made to remove such Child

                  or Children out of the Custody of such parents and place

                  them where they may be Securely Educated in the protestant

                  Religion and to Order such reasonable Maintainance for such

                  Child or Children in whose hands soever having respect that

                  only the yearly profits and Encrease thereof be Applied thereto

                  and such Childrens Estates be not Diminished thereby

                   That Henry Sewall the Testator and his wife were known

                  to have been of the Romish Communion wherein the said

         p. 209   Henry always lived and Actually Died and that the sum

                  which the said Philip Lee Claims of this Respondent by

                  his own Shewing appears to be for the said Henry Sewalls

                  Infants Board before any application made to your Honours