the crown the right of donation or actual investiture. But the impropriety and inconvenience of popular elections of priests, and the unfitness of the people to judge of their qualifications, had soon caused the vestries to usurp this right, and even their unreadiness to choose where the choice was to be followed by immediate assessments for maintenance, together with the doubt at what time the King might interpose to supply the vacancy, induced the necessity of altering the constitution of the churches in this respect. In 1748, therefore, the right of nomination was restored to the crown, except for the first twelve months after an avoidance, during which it was given to the vestrymen of the parish. Act 1748, c. 34. (old ed'ns.) s. 7. "And whereas it is doubted how long the right of presentation of a minister to a parish, remains in the vestries in this colony: for settling that matter be it enacted, that the sole right of presentation shall be, and remain, in the several vestries, for and during the term of twelve months next after a vacancy shall happen in their respective parishes." But perhaps it may be thought that the right of choosing, given by this act to the vestries in the first instance, is another mark of foundership; and if they are founders, of course they are visitors. This must be answered by distinguishing between the act of nomination, which is given them for a twelve month, and of donation or induction, which is reserved to the crown, and is better expressed by the word investiture. Nomination is defined by Cowell to be "a power to appoint a clerk to a patron of a benefice." And he says the word "invest, signifies to give possession. Others," says he, "define it thus, investiture est in suum jus alicujus introductio, a giving livery of seisin or possession." This, in donative churches, is effected by the single deed of donation, without other ! ceremony. "Donatives are given and fully possessed by the single donation of the patron in writing, without presentation, institution, or induction." Gibs. 819. 1 Burn. Eccl. L. 154. And in collatives and presentatives it is effected by induction. “Induction is, by the canon law, called corporal possession, and is compared in the books of common law to livery and seisin, by which possession is given to temporal estates." Gibs. 814. Burn. Eccl. L. 157. So that the right given the vestry is barely to name for one twelve month, whereas the crown is, on that nomination, to make

the deed of donation, or give corporal possession. The act indeed for nomination, uses the presentation; the sense of which, as used in the ecclesiastical law, is to present to a bishop, and is in its nature and effect very different from nomination and for donation, it uses the word induction, which has indeed the same meaning of delivering actual possession, only that it is usually applied to the delivery of a different kind of church. However our legislators of 1661, were not critics in the language of the law; and it matters not, since they have plainly enough signified what they meant. These rights of nomination and investiture are generally indeed in the same person, and are both exercised by one and the same act. Thus when in a donative, a patron makes a deed of donation, it is a nomination as well as an investiture. But they may be separated; as happens when the patron grants away the next avoidance. There the grantee has only the right of nominating; but the grantor or patron is to invest. For says Gibs. 794, "the right of nomination may be in one person, and the right of presentation in another. And this is where he who was seized of the advowson doth grant unto another and his heirs, that as often as the church becomes void, the grantee and his heirs shall nominate to the grantor and his heirs; who shall be bound to present accordingly. In such case it was agreed by the whole court in the case of Shirley and Underhill, Mod. 894, that the nomination is the substance of the advowson, and the presentation no more than a ministerial interest." I Burn. Eccl. L. 122. Now this is precisely the case between our vestries and the crown under the act of Assembly. The King being considered as the founder and patron of the church, if nothing had been said, would have possessed both rights of nomination and vestiture. But the acts give the vestries, for one twelve month, the right of nominating to the Governor, the person whom he is to induct or invest with possession. It is similar to the case of sheriffs and inspectors, who are nominated by the court, but commissioned or invested with their office by the Governor. So in the case of a clerk, it is not the nomination by the vestry, but the Governor's investiture which puts him into possession, and entitles him to the temporalities of his cure. So that while the act takes from the King, pro tempore, and transfers to the vestry, the right of nomination, which was one of the

rights incident to his patronage, it leaves him the ensigns of that right, to wit, investiture. And still the estate in law which was in the King, is made to pass from him by his act of investiture, and not from the vestry by their nomination. So that like the case before cited of the grant of a next avoidance, though the nomination be in the grantee, yet the presentation to the bishop, if it be presentative, or the deed of donation, if it be donative, must be by the patron. He still continues the patron, and he, not the grantee, possesses the right of visitation. Thus then it may be stated in fewer words. The King is the patron of all our churches. The rights of patrons are 1st. Nomination. 2nd. Investiture. 3rd. Visitation. Only one of these rights, viz. nomination, was taken away, and that but for a limited time. The other two, of vestiture and visitation, were not touched, and consequently still remain in him.

I.

We may safely, therefore, conclude that our churches are donatives, because they wear the three characteristics of donatives. They are of lay foundation. 2. They are not subject to presentation to a bishop. 3. They lie in the gift of the patron. That patron is the King, and though one right of patronage, viz. nomination, is taken away pro tempore, yet the others, of vestiture and visitation, still remain in him. The latter is the power now called into exercise; and his majesty having never been pleased to appoint commissioners for that purpose, it is to be exercised by his Chancellor here; that is by the members of this honorable court who possess the powers of a Chancellor : not indeed sitting on this bench of chancery, but as a court of visitation at any other time or place, at which you shall think proper to call the incumbent before you.

TO MESSRS. INGLIS AND LONG, MERCHANTS AT

PORTSMOUTH.1

WILLIAMSBURGH, June II. 1772.

GENTLEMEN,—I have just received notice from Mr. Wythe that in the case of Jamieson and Taylor v. Meredith and others he will move at the next court

1 From a copy courteously furnished by Dr. J. S. H. Fogg, of Boston.

to have the effects delivered in to the plaintiff's hands. I have not yet had time to enquire whether such steps have been yet taken as will entitle him to do this. However it is better that your correspondents prevent it which cannot be done with certainty but by their sending in their answers in proper form before the next court. I am this moment leaving town having just taken time to inform you of this measure.

TO CHAS. MCPHERSON.1

ALBEMARLE, IN VIRGA, Feb. 25, 1773.

DEAR SIR,-Encouraged by the small acquaintance which I had the pleasure of having contracted with you during your residence in this country, I take the liberty of making the present application to you. I understood you were related to the gentleman of your name (Mr. James McPherson), to whom the world is so much indebted for the elegant collection, arrangement, and translation of Ossian's poems. These pieces have been and will, I think, during my life, continue to be to me the sources of daily pleasures. The tender and the sublime emotions of the mind were never before so wrought up by the human hand. I am not ashamed to own that I think this rude bard of the North the greatest poet that has ever existed. Merely for the pleasure of reading his works, I am become desirous of learning the language in which he sung, and of possessing his songs in their original form. Mr. McPherson, I think, informs us he is pos

1 A merchant in Edinburgh.

sessed of the originals. Indeed, a gentleman has lately told me he had seen them in print; but I am afraid he has mistaken a specimen from Temora, annexed to some of the editions of the translation, for the whole works. If they are printed, it will abridge my request and your trouble, to the sending me a printed copy; but if there be more such, my petition is, that you would be so good as to use your interest with Mr. McPherson to obtain leave to take a manuscript copy of them, and procure it to be done. I would choose it in a fair, round hand, on fine paper, with a good margin, bound in parchments as elegantly as possible, lettered on the back, and marbled or gilt on the edges of the leaves. I would not regard expense in doing this. I would further beg the favor of you to give to give me a catalogue of the books written in that language, and to send me such of them as may be necessary for learning it. These will, of course, include a grammar and dictionary. The cost of these, as well as the copy of Ossian, will be (for me), on demand, answered by Mr. Alexander McCaul, sometime of Virginia, merchant, but now of Glasgow, or by your friend Mr. Ninian Minzees, of Richmond, in Virginia, to whose care the books may be sent. You can, per

haps, tell me whether we may ever hope to see any more of those Celtic pieces published. Manuscript copies of any which are in print, it would at any time give me the greatest happiness to receive. The glow of one warm thought is to me worth more than money. I hear with pleasure from your friend that your path through life is likely to be smoothed by success.

I