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Living of St. Ann of which I am possess'd. This is a good
Presentation, and upon this I found a Title. It exactley Cor-
responds with a writ of Beneficio Primo Ecclesiastico habendo,
directed by the King to the Lord Chancellor to bestow the
Benefice that shall first fall in the Kings Gift on a particular
Person. The Chancellor's Refusal would be a Contempt
The Issuing Letters of Induction is but a formal & official
Part which are to confirm and establish a Legal Title.*
In a former Part of this Letter I have made a Distinction
between The Powers of the Lord Proprietary as Supreme
Ordinary and of the Governor or Commander in Chief as
Acting by delegated Authority ; and I have Clearly demon-
strated that a Presentation, of two Livings flowing Immedi-
ately from the King or Lord Proprietary is good in as much as
it contains in itself a Dispensation and Implies the granting
of it, which Power is confirmed expressly by Stat. H. 8. C. 29
But I have before expressed my opinion that a Presentation
of the Governor or Commander in Chief to two Livings is
not good Without a formal Dispensation from the Supreme
Ordinary. This Appears from the Law that regulates Dispen-
sations with Regard to the Kings Chaplains. If the King
presents one of his own Chaplains the Presentation itself
renders the Plurality Tenable ; but if the King presents him
to one Living, and a Subject Presents him to another the
two Livings are not tenable without a formal Dispensation
from the Archbishop. But the Governor as Ordinary with
Episcopal Jurisdiction has a Power of Inducting his Clerk into
one Parish and appointing him to another without a Dispen-
sation by the Act of Assembly. If he has a Power of Appoint-
ing in any one Case under such Circumstances, that power
must be inherent in him in Virtue of his office, nor can it be
Separated from it. If the Governor has power of Appointing
a Clerk to a second Living with Consent of Vestries, he has
the same Power without, otherwise they must have a Concur-
rent Jurisdiction with him, and even a Controlling Power.
But where a Body Shifting every Three years Could derive
such a Power I own I am quite at a Loss to divine. What is
directed to be asked as a Matter of Grace cannot be
demanded as a Matter of Right. A Petition supposes a
power in the Hands of the Person to whom it is Addressed,
but a Petitioner cannot confer apower or derogate from it.
If the Governor has not the Power of Appointing, Vestries
Cannot give it. Nemo dat quod non habet. If he has the
*And in a Letter from his Lordship dated May 14th 1767 are these
words I shall be glad to be inform'd from you of your having been
Inducted in another living as I directed the governor to hold jointly with
that of Annapolis where I would have you reside
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