Every (Jommission to every Governor from every Sovereign of New York, contained in it a clause, delegating to him the power of collation to church benefices, a power under the law of England which could be exercised only in the Church of England. It was in these words, " And we do by these j)resents authorize and impower you to collate any person or persons to any churches, chapels, or other ecclesiastical benefices within our said province and territories as aforesaid, as often as any of them shall happen to be void." ^ This was the delegation by the King of his iiwn power as Ordinary. This word derived from the (.'ivil Law primarily signifies one who, of his own right, has authority to take cognizance of causes. In the common law it is usually applied to the Bishop of a Diocese, who only could certify to ecclesiastical and spiritual acts in his own diocese. The King as the Head of the Church jtossessed this temporal right throughout his whole Kingdom, and could delegate it. The Bisho|) could only delegate his power in temporal ecclesiastical matters in his own diocese.
' Constitutions ol' the British Colonics in Ainei ica, 2. - 1 Blackstone's, Comm. 108.
•^Stokes's Cons, of the Am. Colonies, 158. And see the diftereut Comluissiou!) themselves in the volumes of the Colonial llistory.
As there were no dioceses as such in the British American Colonies, the King delegated the power of collating to benefices here to his different Governors as his personal representatives. From the same source came their power to grant probate of wills, and marriage licenses.