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Lib. C. B.
No. 20
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other Character than that he gives Whitaker, from which
Consideration, we think it may be granted, we ought not to
be Condemned for expecting Our Case nothing better by the
Change, and especially when yourself will reflect on the
Method by which you came, and your Conduct since you have
been among us, we hardly suppose, if you expected your Liv-
ing depended on the Will of the Parishioners, that you would
have manifested your desire for the Salvation of their Souls,
in the ways you have taken by such wrestings and violence,
even to the bearing of Swords and Pistols.
Now Sir, we shall give you some answer in respect of Mr
Dulany's Opinion. He observes Whitaker's Case with our
Parish. We grant that on a Presentment, made by a Jury, and
on Motion made for to file an Information, Whitaker was dis-
charged, yet we apprehend the Merits of Our Dispute were
not, nor could not be determined on that Motion, and of
Course can have no weight in the present dispute. He says,
that he hath been informed that the Vestry claim the Right
of Patronage, contending that the Church was founded at the
expence of the Parishioners, and endowed in the same manner,
and that the Vestry, as their Representatives, are therefore
their Patrons. He agrees that it occurs in many treatises on
the Common Law &c. but that he cannot conceive how the
Vestry can Support their Pretensions, he then has relation to
the Charter of the Province, thereby to Shew that all Patron-
ages and Advowsons were granted to the Lord Baltimore, and
so continues to shew the Right and Propriety of Induction, in
the manner you contend, from the Words of the Act of As-
sembly of this Province; how far the Proprietor's Charter will
abrogate and destroy the Constitution of the Church, as es-
tablished on the Construction of his Grant, or what Dispensa-
tion has been obtained, so that the Canon Law, in One of the
most essential Points, is become a Nullity, may be a dispute of
another day. The Words of the Act of Assembly we have con-
sidered in their full View, and, expect we have considered the
same in their utmost extent, Yet Pardon us if we tell you there
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p. 16
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are many things essential and necessary to be obtained before
the Act of Assembly can have the Construction you contend
for. Could we hope that, in Case we were to give you Our
Sentiments freely and fully upon this Subject and our several
Authorities on which we found our Opinions, that it would
answer any good purpose, we would not be Sparing of the
trouble, nor are we doubtful of the force or Efficacy of the
Cases on which we depend, But as we apprehend the Salary
which Our Parish Yields has more influence than any matter
that could be advanced by Us, and from your Expressions and
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