What is ADVOWSON? Definition of ADVOWSON in Black's Law Dictionary
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. 2 Bl.Comm. 21; Co.Litt. 119b, 120a. 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." Id.; 1 Crabb, Real Prop. p. 129, § 117.
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 pres- entation is made by one who has no right, it is called a usurpation.
Advowsons are of different kinds.
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; Co.Litt. 120, 121; 1 Crabb, Real Prop. p. 130, § 118.
Advowson collative. Where the bishop happens himself to be the patron, in which case (presentation being impos- sible, 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; 1 Crabb, Real Prop. p. 131, § 119.
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 insti- tution by him. 2 Bl.Comm. 23; 1 Crabb, Real Prop. p. 131, § 119.
Advowson in gross is an advowson separated from the manor, and annexed to the person. 2 Bl.Comm. 22; Co. Litt. 120; 1 Crabb, Real Prop. p. 130, § 118; 3 Steph. Comm. 116.
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; 1 Crabb, Real Prop. p. 131, § 119.