Proceedings of the Council of Maryland, 1761-1769. 227

Baltimore, but the Charter did not, nor could it confer a
Power upon his Lordship to Tax the People without their

Consent. On the other Hand it was not in the Power of the

People either to deprive His Lordship of what the Charter had
granted, or to regulate his Exercise of these Rights without
his Consent. When the Government was immediately in the
Hands of the Crown, his Lordship being then under a Dis-
ability, the Act passed with the Royal Concurrence, by which
the Provision for the Clergy was made; for which Purpose the
People were with their Consent Taxed and Terms of the Ap-
plication of the Tax were settled. His Lordship by assenting
to an Act for that purpose, might give up his Advowsons or
Patronages, He might bind Himself by restrictions in the Ex-
ercise of these Rights and it can't be doubted but that the Act,
which passed with the Concurrence of the Crown, when he
was under the Disability of Nonconformity, is as binding as
any other Act can be to which his Lordship's Assent has been
given. The short Question then will be, whether he is to be
considered as Incumbent. The fact is that he has been ap-
pointed by the Governor in the usual manner, the Act is so
explicit and clear that the Recital of it is sufficient, I appre-
hend, to give Satisfaction: the Poll assessment shall be always
paid and allowed to the Minister of each Parish having no
other Benefice to officiate in presented inducted or appointed

Lib. C. B.
No. 20

by his Excellency the Governor or Commander in Chief for
the time being.
When a regular Minister, having no other Benefice, is ap-
pointed by the Governor, the Consent or Admission of the
Vestry is not called for, on the contrary, it is unnecessary,
and is made so by the Act, the Benefice being conferred by the
Appointment of the Governor, nor can it be supposed, that it
could be the Intention of the Legislature to put it in the Power
of a Vestry to hinder the Exercise of the Right of Patronage,
when the Act directs under what Circumstances the Clergy
shall be supported at the Expence of the People, an Expence
brought upon them by their Representatives, on the Terms ex-
plained and regulated by the Act. I would fain hope, that, on
mature Reflection, Matters will be accommodated, that Men
of Sense will consider that the Rights of Government, not only
from the Justice due to His Lordship, but for the Tran-
quillity and good order of the Community, ought to be vindi-
cated. However, should a different Temper prevail, I must
think it to be the Indispensable Duty of M^r Hughes to give
notice of it, that the most vigorous Steps may be taken to bring
to Censure the Usurpers of his Lordship's Rights, and the
Disturbers of the Public Peace.
Dan^l Dulany.

p. 14