Provision being made for the building of the churches, and for the setting out a glebe and other revenue for the ministers of those churches, and the advowson or right of presenting to those churches being vested in the parishioners of each parish, and the governor being constituted in the place of, and as, the ordinary or bishop of the plantation, to admit and induct presentees, and to punish ministers preaching contrary to law, by the 1st, 3d, and 4th acts of Maryland, I conceive the advowson and right of presentation is subject to the laws of England, there being no express law of that plantation made further concerning the same; therefore when the parishioners present, and their clerk is inducted by the governor, who is so, and must induct, he is in for his life, and cannot be displaced by the parishioners: if the parishioners do not present a minister to the governor within six months after any church shall become void, the governor, as ordinary, shall and may collate a clerk to such church by lapse; and the minister he shall so collate and place in by lapse, shall hold that church for his life. In inducting ministers by the governor, on the presentation of the parishes, and on his own collation by lapse, he is to see the minister be qualified, according as the act of Maryland requires; and in case of the avoidance of any church, the governor, as ordinary of the plantation, is, according to the statute of 28th Henry VIII. . 11. sec. 5. to appoint a minister to officiate till

the parish shall present one, or the six months be lapsed; and such person appointed to officiate on the vacancy, is to be paid for his service out of the profits of the living, and the next incumbent is to have the overplus of the profit thereof, from the time the church became void, by the law above stated in this case, no minister is to officiate as such, though not as incumbent, till he hath shewed to the governor, that he is qualified to preach according to the law.

April 7, 1702.

EDW. NORTHEY. Memorandum. Colonel Quarry gave sir Edward Northey ten guineas for the above report ; but there being a mistake in the title of the laws, and naming them the act of Maryland instead of Virginia, I sent a copy of the same queries, by the rev. Mr. Emanuel Jones, to get his further report, for which he gave him ten guineas, and a guinea to his clerk, upon which he made the following report:

On consideration of the laws of Virginia, provision being made by the act, intitled, Church to be built, or Chapel of Ease, for the building a church in each parish; and by the act, intitled, Ministers to be inducted, that ministers of each parish shall be inducted on the presentation of the parishioners; and the churchwardens being, by the act, intitled Churchwardens, to keep the church in repair, and provide ornaments, to collect the minister's dues; and by the act for the better sup

port and maintenance of the clergy, provision being made for the ministers of the parishes; and by the said act for inducting ministers, the governor being to induct the minister to be presented, and thereby he being constituted ordinary, and as bishop of the plantation, and with a power to punish ministers preaching contrary to that law, I am of the opinion, the advowson, and the right of presentation, to the churches, is subject to the laws of England, there being no express law of that plantation made further concerning the same; therefore when the parishioners present their clerk, and he is inducted by the governor (who is and must induct on the presentation of the parishioners), the incumbent is in for his life, and cannot be displaced by the parishioners: if the parishioners do not present a minister to the governor within six months after any church shall become void, the governor, as ordinary, shall and may collate a clerk to such church by lapse, and his collatee shall hold the church for his life: if the parishioners have never presented, they have a reasonable time to present a minister; but if they will not present, being required so to do, the governor may also, in their default, collate a minister. In inducting mi nisters by the governor, on the presentation of the parishes, or on his own collation, he is to see the ministers be qualified, according as that act for inducting ministers requires: in case of the avoid

ance of any church, the governor, as ordinary of the plantation, is, according to the statute of 28th Henry VIII. cap. 11. sec. 5. to appoint a minister to officiate, till the parish shall present one, or the six months be lapsed; and such person appointed to officiate in the vacancy, is to be paid for his service out of the profits thereof, from the time the church becomes void by the law above stated: in this case, no minister is to officiate, as such, till he hath shewed to the governor he is qualified, according as the said act for induction directs; if the westry do not levy the tobacco for the minister, the courts there must decree the same to bę levied.

July 29, 1703.

EDW. NORTHEY.

(6.) The same lawyer's opinion on popery in Maryland.

To the right hon. the lords commissioners for trade and plantations.

May it please your lordships.

In obedience to your lordships' commands, signified to me by Mr. Popple, jun. your secretary, I have considered of the annexed extract of a letter from colonel Seymour, governor of Maryland, relating to the jesuits and papists there; and the extract also sent me of the grant of the province of Maryland to the lord Baltimore, relating to ecclesiastical power; and the questions proposed thereon, whether the laws of England, against

Romish priests, are in force in the plantations; and whether her majesty may not direct jesuits or Romish priests to be turned out of Maryland?

And as to the said clause, in the grant of the province of Maryland to the lord Baltimore, relating to ecclesiastical power, I am of opinion, the same doth not give him any power to do any thing contrary to the ecclesiastical laws of England; but he hath only the advowsons of, and power to erect and consecrate churches, and such power as the bishop of Durham had, as earl palatine, in his county palatine, who was subject to the laws of England; and the consecrations of chapels ought to be, as in England, by orthodox ministers only.

As to the question, whether the laws of England against Romish priests are in force in the plantations, by the statute of 27mo, of Elizabeth, cap. 2. every jesuit, seminary priest, or other such priest, deacon, or religious, or ecclesiastical person, born within this realm, or any other her majesty's do. minions, made, ordained, or professed, by any authority, or jurisdiction, derived, challenged, or pretended from the see of Rome, who shall come into, or be or remain in any part of this realm, or any other her majesty's dominions, is guilty of high treason: it is plain that law extended to all the dominions the queen had when it was made; but some doubt hath been made whether it extendeth to dominions acquired after, as the plantations have been.