Appendix. 439

2^dly Your Lordships in all Cases where Application has been
made in any matters relating to the s^d province of Maryland have
always been so justly indulgent to the s^d Proprietor of this Province,
th^t y^r Ld^ps have constantly Ordered his being acquainted with such

Calvert
Paper
No. 2954

Application before any thing has been done thereon, & have post-
poned considering the same till his Lordship had first received a
Copy of such Application & put in his Answer thereto, that so it
might appear whether the same interfered with any of his Lordships
Rights & Priviledges.
3^dly For that the Lord Proprietor has constantly enjoy'd & exer-
cised as his unquestionable Right the Power of Approving or Repeal-
ing the Laws of the s^d province of Maryland as absolute Lord &
Proprietor of that province, in which Capacity it is humbly presumed
y^r Lordships will think the L^d Proprietor's Right too greatly con-
cern'd to be passed over in the Instance complaind of, & am well
assured the s^d Jacob Henderson has not made any Application
whatever to L^d Baltimore to Repeal any Law whatsoever passed in
that Province.
For these reasons & as L^d Balt^re is daily expected in England I
must earnestly intreat y^r Lordships th^t the s^d M^r Henderson's Peti-
tion may not be taken into your Lordships Consideration untill the
L^d Balt^re returns, nor till he shall have some Notice, or served with a
Copy thereof, & a reasonable time allowed him to put in such answer
thereto as his Ldsp. shall judge & be advised to be proper. As this
humble request is agreable to natural justice, & to the constant
course of y^r Lordships Board, & of all the Judicial Courts of this
Kingdom, & as it is a fix'd & an unalterable part of our Constitution
th^t no One shall be Affected in the enjoym^t of any Right or Privilege
without due notice first given & an opportunity of making his de-
fence, & as it so nearly affects so valuable a privilege, so humbly hope
y^r L^dps will be of opinion this is both a reasonable & a just request,
th^t it will as such be allowed by your Ld^sps
I am my Lords y^r
N. B Their Ldsps. on consideration of the s^d Lordships & Ca^e
memorial disrniss'd the Complaint to a Farther Cecil^s Calvert
Hearing

p. 2

By a Committee of the Lords of the Privy Council Dec^ber
the 18^th 1729
His Majesty having been pleas'd by his Order in Council of the
14^th of Oct^ber last, to Refer unto the considerat" of this Comm^ee the
Petⁿ of Jacob Henderson Clerk on behalf of himself & of the Clergy
of Maryland complaining of an Act passed in that Province the 3^d oi
Oct^ber 1728 whereby one fourth part of what had been granted &
established for their Support & maintenance by an Act passed there ir

p. 3