Proceedings of the Council of Maryland, 1742 . 289

and that they took this Method to prevent any Suspicion of
Partiality and that all Parishioners might have equal Chances ;
but these Respond^rs deny that this was done without Consent
of the Minister, but that the Minister was present and consent-
ing to the same at the time It was done, as appears by the
Transcript of the Vestry Proceedings brought into this hon-
ourable Court by the Petitioners
These Respondents humbly conceive that since by the Act
of Assembly af^d this Chappel is made a Chappel of the Parish,
& that all the Parishioners of the said Parish are subject to
be taxed for the Repairs of it, it therefore becomes as much
under the Direction & Care of the Vestry as the Parish
Church, and that all the said Parishion^rs are entituled to the
Use and Benefit thereof, and they expressly aver that this was
the Intent of the Donor as well as of said Act of Assembly
These Respondents deny that by laying out the s^d Chappel
into Pews the Petitioner or Others will be deprived of Seats
or debarred from the Benefit of divine Service, and say, there
will be now more Room and Conveniency therein than before,
and that there are yet many Pews to be taken up, and more
space still left to be laid out, which when built with Pews will
afford sufficient Room to the Inhabitants living near the said
Chappel and Others to sit in

Lib. C. B.

These Respondents say that what they have done in this
matter is warranted by the Laws of this Province as well as
the constant Usage of the Country in such Cases, and what
they looked upon as their duty to do And therefore in humble
manner submit the same to this honourable Board not doubt-
ing such Order therein as is agreeable to Justice
Ja Calder p Vestry

This Board having heard Council on both sides and taking
the af^d Petition and Answer into Consideration is pleased to
order that the said Petition be rejected because the Petitioners
do not seem to have been injured by any thing which the
Vestry have done; And His Excellency the Governor on be-
half of the Right honble the L^d Propry as Ordinary consents
that the Vestry go on to complete the Pews in the Chappel
mentioned in the Petition and whatever else may be needful
for Decency and Order

p. 183