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ADVOWSON
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ADVOWSON , or ADVOwzEN (through O. Fr. advousou, from See also:Lat. advocatio, a See also:summons to), the right of presentation to, a vacant ecclesiastical See also:benefice, so called because the See also:patron defends or See also:advocates the claims of the See also:person. whom he presents. At what See also:period the right of advowson arose is uncertain; it was probably the result of See also:gradual growth. The earliest trace of the practice is found in the See also:decree of the See also:council of See also:Orange, A.D. 445, which allowed a See also:bishop, who had built a See also: Nomination is the See also:power, by virtue of a manor or otherwise, to appoint a clerk to the patron of a benefice, to be by, him presented to the See also:ordinary. Presentation is the See also:act of a patron. in offering his clerk to the bishop, to be instituted in a benefice of his See also:gift. Nomination and presentation, though generally used in See also:law for the same thing, must be so distinguished, for it is possible that the rights of nomination may be in one person, and the rights of presentation in another. or See also:sale without any See also:special See also:conveyance. But where, as is often the See also:case, the right of presentation has been sold by itself, and so separated from the manor, it is called an advowson in gross. An advowson may also be partly appendant, and partly in gross, e.g. if an owner granted to another every second presentment, the advowson would be appendant for the grantor's turn and in gross for the grantee's. Advowsons are further distinguished into presentative and collative. In a presentative advowson, the patron presents a clergyman to the bishop, with the See also:petition that he be instituted into the vacant living. The bishop is See also:bound to induct if he find the clergyman canonically qualified, and a refusal on his See also:part is subject to an See also:appeal to an ecclesiastical See also:court either by patron or by presentee. In a collative advowson the bishop is himself the patron, either in his own right or in the right of the proper patron, which has lapsed to him through not being exercised within the statutory period of six months after the vacancy occurred. No petition is necessary in this case, and the bishop is said to collate to the benefice. Before 1898 there were also donative advowsons, but the Benefices Act 1898 made all donations with cure of souls presentative. In a donative advowson, the See also:sovereign, or any subject by special See also:licence from the sovereign, conferred a benefice by a See also:simple See also:letter of gift, without any reference to the bishop, and without presentation and institution. The,:See also:incumbent of such a living was to a See also:great extent See also:free from the See also:jurisdiction of the bishop, who could only reach him through the See also:action of an ecclesiastical court. The Benefices Act of 1898 did not make any substantial See also:change in the legal See also:character of advowsons, which remain practically the same as before the act. Briefly, it prevents the dealing with the right of presentation as a thing apart from the advowson itself; increases the power of the bishops to refuse the presentation of unfit persons, and removes several abuses which had arisen. in the See also:transfer of patronage. Under the previously existing law, See also:simony, or " the corrupt presentation of any person to an ecclesiastical benefice for gift, See also:money or See also:reward," renders the presentation void, and subjects the persons privy or party to it to penalties; a presentation to a vacant benefice cannot be sold, and no clerk in See also:holy orders can See also:purchase for himself a next presentation. An advowson may, however, be sold during a vacancy, though that will not give the right to present to that vacancy; and a clerk may buy an advowson even though it be only an estate for See also:life, and present himself on the next vacancy. Under the Benefices Act, advowsons may not be sold by public See also:auction except in See also:conjunction with landed See also:property adjacent to the benefice; transfers of patronage must be registered in the registry of the diocese, and no such transfers can be made within twelve months after the last See also:admission or institution to the benefice. Restrictions had also been imposed on the transfer of patronage of churches built under the Church Building Acts and New Parishes Acts, and on that of benefices in the gift of the See also:lord See also:chancellor, and sold by him in order to See also:augment others; but agreements may be made as to the patron-See also:age of such churches in favour of persons who have contributed to their building or enlargement without being void for simony. The right of presentation may be exercised by its owner whether he be an .See also:infant, executors, trustees, coparceners (who, if they cannot agree, present in turn in order of age) or mortgagee (who must present the nominee of the mortgagor), or a bankrupt (who, although the advowson belongs to his creditors, yet has the right to present to a vacancy). Certain owners of advowsons are temporarily or permanently disabled from exercising the right which devolves upon other persons; and the See also:crown as patron See also:paramount of all benefices can fill all churches not regularly filled by other patrons. It thus presents to all vacancies caused by simoniacal presentations, or by the incumbent having been presented to a bishopric or in benefices belonging to a bishopric when the see is vacant by the bishop's See also:death, See also:translation or deprivation. Where a presentation belongs to a lunatic, the lord chancellor presents for him. Where it belongs to a See also:Roman See also:Catholic the right is exercised in his behalf by theuniversity of See also:Oxford if the benefice be situate See also:south of the See also:river See also:Trent, and by that of See also:Cambridge if it be See also:north of that river. Besides the qualifications required of a presentee by See also:canon law, such as being of the canonical age, and in See also:priest's orders before admission, sufficient learning and proper orthodoxy or morals, the Benefices Act requires that a See also:year shall have elapsed since a transfer of the right of patronage, unless it can be shown that such transfer was not made in view of a probable vacancy; that the presentee has been a See also:deacon for three years; and that he is not unfit for the See also:discharge of his duties by See also:reason of See also:physical or See also:mental infirmity or incapacity, See also:grave pecuniary embarrassment, grave misconduct or neglect of See also:duty in an ecclesiastical See also:office, evil life, or conduct causing grave See also:scandal concerning his moral character since his ordination, or being party to an illegal agreement with regard to the presentation; that See also:notice of the presentation has been given to the parish of the benefice. Except by leave of the bishop or sequestrator, the incumbent of a sequestered benefice cannot be presented. The act also gives to both patron and presentee an alternative mode of appeal against a bishop's refusal to See also:institute or admit, except on a ground of See also:doctrine or See also:ritual, to a court composed of an See also:archbishop of the See also:province and a judge of the High Court nominated for that purpose by the Iord chancellor, a course which, however, bars resort being had to the ordinary suits of duplex querela or action of quare impedit. In case of refusal of one presentee, a See also:lay patron may present another, and a clerical patron may do so after an unsuccessful appeal against the refusal. Upon institution the church is full against everybody except the crown, and after six months' peaceable See also:possession the clerk is secured in possession of the benefice, even though he may have been presented by a person who is not the proper patron. The true patron can, however, exercise his right to present at the next vacancy, and can reserve the advowson from an usurper at any See also:time within three successive incumbencies so created adversely to his right, or within sixty years. See also:Collation, which otherwise corresponds to institution, does not make the church full, and the true patron can dispossess the clerk at any time, unless he is a patron who collates. Possession of the benefice is completed by See also:induction, which makes the church full against any one, including the crown. If the proper patron fails to exercise his right within six See also:calendar months from the vacancy, the right devolves or lapses to the next See also:superior patron, e.g. from an ordinary patron to the bishop, and if he makes similar See also:default to the archbishop, and from him on similar default to the Crown. If a bishopric becomes vacant after a See also:lapse has accrued to it, it goes to the See also:metropolitan; but in case of a vacancy of a benefice during the vacancy of the see the crown presents. Until the right of presentation so accruing to a bishop or archbishop is exercised, the patron can still effectually present but not if lapse has gone to the crown. Additional information and CommentsThere are no comments yet for this article.
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