he does, by the one act of collation, or conferring the benefice, the whole that is done in common caſes, by both preſentation and inſtitution. An advowſon donative is when the king, or any ſubject by his licence, doth found a church or chapel, and ordains that it ſhall be merely in the gift or diſpoſal of the patron; ſubject to his viſitation only, and not to that of the ordinary; and veſted abſolutely in the clerk by the patron's deed of donation, without preſentation, inſtitution, or induction[1]. This is ſaid to have been antiently the only way of conferring eccleſiaſtical benefices in England; the method of inſtitution by the biſhop not being eſtabliſhed more early than the time of arch-biſhop Becket in the reign of Henry II[2]. And therefore though pope Alexander III[3], in a letter to Becket, ſeverely inveighs againſt the prava conſuetudo, as he calls it, of inveſtiture conferred by the patron only, this however ſhews what was then the common uſage. Others contend, that the claim of the biſhops to inſtitution is as old as the firſt planting of chriſtianity in this iſland; and in proof of it they allege a letter from the Engliſh nobility, to the pope in the reign of Henry the third, recorded by Matthew Paris[4], which ſpeaks of preſentation to the biſhop as a thing immemorial. The truth ſeems to be, that, where the benefice was to be conferred on a mere layman, he was firſt preſented to the biſhop, in order to receive ordination, who was at liberty to examine and refuſe him; but where the clerk was already in orders, the living was uſually veſted in him by the ſole donation of the patron; till about the middle of the twelfth century, when the pope and his biſhops endeavoured to introduce a kind of feodal dominion over eccleſiaſtical benefices, and, in conſequence of that, began to claim and exerciſe the right of inſtitution univerſally, as a ſpecies of ſpiritual inveſtiture.
However this may be, if, as the law now ſtands, the true patron once waives this privilege of donation, and preſents to the biſhop, and his clerk is admitted and inſtituted, the advow-
