Legal Definition and Related Resources of Advowson

A right of presentation to a church or benefice. He who possesses this right is called the “patron” or “advocate.” 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. When it depends upon a manor, etc. Advowson In Gross. When it belongs to a person and not to a manor. Advowson Presentative. Where the patron presents to the bishop. Advowson Donative. Where the king or patron puts the clerk into possession without presentation. Advowson Collatlve. Where the bishop himself is patron. Advowson of the Moiety of the Church. Where there are two several patrons and two incumbents in the same church. A Moiety of Advowson. Where two must join the presentation of one incumbent. Advowson of Religious Houses. That which is vested in the person who founded such a house. See 2 Bl. Comm. 21; Mireh. Advow. “Advowson;” Comyn, Dig. “Advowson, Quare Impedit;” Bac. Abr. “Simony;” Burns, Ecc. Law.

What does Advowson mean in American Law?

The definition of Advowson in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

An ordinarily transferable and inheritable right in perpetuity, legally treated as real property, to make the “presentation” of a particular religious position, a benefice, to a clergyman of one’s choice whenever a vacancy occurs. The holder of this right, the “advowee” (also called the “cpatron”), presents his nominee to the Bishop of the relevant diocese (hence it is sometimes called a “presentative advowson”) who must install him if ecclesiastically qualified, the advowee having the right to compel the installation of a qualified nominee.

An advowson may be either “appendant” or “in gross.” An appendant advowson is attached to a corporeal hereditament, e.g., a manor and its land, and passes with it unless the contrary is expressly stated. An “advowson in gross” is the property of a person, i.e., not attached to any corporeal estate, and passes separately to the heirs of the advowee. The British sovereign is called “advowee paramount.” When the advowee is himself the Bishop who must install the nominee, the advowson is called “collative,” and the acts of presentation and installation are one [and] the same.

An advowson was termed “donative” when the benefice might be presented by the patron without need to go through a Bishop; these were confined to advowsons held by the Crown or under special royal license, and have all by statute been transformed into presentative advowsons. All of the foregoing is thoroughly regulated in England by reasonably modern statutes, and advowsons never played any substantial role in the U.S., even before the Revolution. They were for a long period important property in England, however, for the holder of an advowson was thereby enabled to provide for a younger son, a son-in-law, or a family friend or

connection out of the ecclesiastical revenues accruing to the benefice conferred.

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This definition of Advowson Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.

Vocabularies (Semantic Web Information)

English Legal System: Advowson

In the context of the English law, A Dictionary of Law provides the following legal concept of Advowson :

A right of presenting a clergyman to an ecclesiastical living. The advowson is an incorporeal *hereditament that gives the owner (or patron) the right to nominate the next holder of a living that has fallen vacant. It may exist in gross (i.e. independently of any ownership of land by the person entitled) or may be appendent (i.e. annexed to land so that it may be enjoyed by each owner for the time being). The right is usually associated with the lordship of a manor.

Advowson is a term of ecclesiastical law that refers to the perpetual right of presenting or nominating a person to a vacant benefice in the church.

Advowson is a term of ecclesiastical law that refers to the perpetual right of presenting or nominating a person to a vacant benefice in the church.

Meaning of Advowson in the Past

From advow or advocare, a right of presentation to a church or benefice. The person who possesses this right is called the patron or advocate, (see this concept in the corresponding entry on this reference) when there is no patron or he neglects to exercise his right within six months, it is called a lapse, i. e. 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.

Developments

Advowsons are of different kinds, as Advowson appendant, when it depends upon a manor, etc. – Advowson in gross, when it belongs to a person and not to a manor. – Advowson presentative, where the patron presents to the bishop. – Advowson donative, where the king or patron puts the clerk into possession without presentation. – Advowson of the moiety of the church, where there are two several patrons and two incumbents in the same churcb. – A moiety of advowson, where two must join the presentation, of one incumbent. – Advowson of religious houses, that whicb is vested in the person who founded such a house. Techn. Dict.; 2 Bl. Com. 21; Mirehouse on Advowsons; Comyn’s Digest (A digest of the laws of England, 1822) Advowson, Quare Impedit; Bac. Ab. Simony; Bu
rn’s Eccl. Law, h. t.; Cruise’s Dig. Index, h. t. [1]

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Notes and References

1. Partialy, this information about advowson is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including advowson.

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Meaning of Advowson

In this law dictionary, the legal term advowson is a kind of the Ecclesiastical law class.

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