advowson

advowson
/aedvawzan/ In English ecclesiastical law, the right of presentation to a church or ecclesiastical benefice; the right of presenting a fit person to the bishop, to be by him admitted and instituted to a certain benefice within the diocese, which has become vacant. The person enjoying this right is called the "patron" (patronus) of the church, and was formerly termed "advocatus," the advocate or defender, or in English, "advowee."
When there is no patron, or he neglects to exercise his right within six months, it is called a lapse, and a title is given to the ordinary to collate to a church: when a presentation is made by one who has no right, it is called a usurpation.
Advowsons are of different kinds:
@ advowson appendant
Advowson appendant is an advowson annexed to a manor, and passing with it, as incident or appendant to it, by a grant of the manor only, without adding any other words. 2 Bl.Comm. 22
@ advowson collative
Where the bishop happens himself to be the patron, in which case (presentation being impossible, or unnecessary) he does by one act, which is termed "collation," or conferring the benefice, all that is usually done by the separate acts of presentation and institution. 2 Bl.Comm. 22, 23.
@ advowson donative
Advowson donative exists where the patron has the right to put his clerk in possession by his mere gift, or deed of donation, without any presentation to the bishop, or institution by him. Donative benefices were converted into presentative by the Benefices Act of 1898.
@ advowson in gross
Advowson in gross is an advowson separated from the manor, and annexed to the person. 2 Bl.Comm. 22.
@ advowson presentative
Advowson presentative is the usual kind of advowson, where the patron has the right of presentation to the bishop, or ordinary, and moreover to demand of him to institute his clerk, if he finds him canonically qualified. 2 Bl.Comm. 22
@

Black's law dictionary. . 1990.

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Look at other dictionaries:

  • Advowson — • In English law the right of patronage of a church or ecclesiastical benefice, a right exercised by nomination of a clergyman to such church or other benefice Catholic Encyclopedia. Kevin Knight. 2006. Advowson     Advowson …   Catholic encyclopedia

  • Advowson — Ad*vow son (?; 277), n. [OE. avoweisoun, OF. avo[ e]son, fr. L. advocatio. Cf. {Advocation}.] (Eng. Law) The right of presenting to a vacant benefice or living in the church. [Originally, the relation of a patron (advocatus) or protector of a… …   The Collaborative International Dictionary of English

  • advowson — [ad vou′zən] n. [ME avoueson < OFr < L advocatio, a summoning, calling to: see ADVOCATE] Eng. Law the right to name the holder of a church benefice …   English World dictionary

  • advowson — /aedvawzan/ In English ecclesiastical law, the right of presentation to a church or ecclesiastical benefice; the right of presenting a fit person to the bishop, to be by him admitted and instituted to a certain benefice within the diocese, which… …   Black's law dictionary

  • Advowson — For the process for appointing a parish priest in the Church of England, see Parish. Advowson is the right in English law of presenting a nominee to a vacant ecclesiastical benefice. In effect this means the right to nominate a person to hold a… …   Wikipedia

  • Advowson — The right to present a clergyman for appointment to the bishop of the diocese by one who had the patronage or was guardian of a *benefice or an ecclesiastical house. Advowson was an incorporeal inheritance. The Latin used in 13c records was… …   Dictionary of Medieval Terms and Phrases

  • Advowson — Right to present a clergyman to a vacant benefice. In 1275, the lord of the manor of Hemyock, Sir John de Hydone, had the advowson of St Mary s Church Hemyock. 1) The right to appoint a priest to a parish church. Advowsons could be held by laymen …   Medieval glossary

  • advowson — The right of presentation of a clergyman to a church or ecclesiastical benefice. A right of patronage. See 2 Bl Comm 21. See collative advowson; medietas advocationis; patronage …   Ballentine's law dictionary

  • Advowson in gross — Gross Gross, n. [F. gros (in sense 1), grosse (in sense 2). See {Gross}, a.] 1. The main body; the chief part, bulk, or mass. The gross of the enemy. Addison. [1913 Webster] For the gross of the people, they are considered as a mere herd of… …   The Collaborative International Dictionary of English

  • advowson appendant — An advowson annexed to the possession of a manor …   Ballentine's law dictionary

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