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- 0. How
Sawb.idge v. Benton
410 Valentine v. Penny
95 Westfaling v. Westfaling 14
118, Willoughby de Broke Barony,
359 Worledge v. Kingswell 119
Laws of England
CHAP. I. Of the Origin and Nature of Advoresons. 1. Of Incorporeal Property. $20. Donatite. 3. Origin of Advowfons. 23. What Esiate may be had in. 5. Description of.
24. Dower and Curtesy. 6. Right of Nomination.
29. May le aliened. 8. Advowfons appendant. 31. Grant of the next Presenta12. Advowfons in Gross.
tion. 18. Adrowfons Presentative. - 37. Is Affets. 19. Collative.
# The law of advowsons is here only discussed as far as lay patrons are concerned. VOL. III.
Section Section 1.
Of Incorpor HAVING
AVING treated in the preceding titles, of corpo. real Property.
real property or land, it will now be necessary to explain the nature of incorporeal property, and the rules by which it is governed.
Tit. 1. f. 2.
Incorporeal property consists of rights and profits arising from or annexed to land ; their existence is merely in idea and abstracted contemplation, theugh their effects and profits may be frequently objects of our bodily senses.
§ 2. The principal kinds of incorporeal property are advowsons, tithes, commons, ways, offices, dignities, franchises, and rents. Sir William Blackstone has added to these, two others; corrodies, and annuities, which are not deserving of a particular discussion.
S 3. In the early ages of christianity, the nomination of all ecclesiastical offices belonged to the church ; and when the piety of some lords induced them to build churches
upon their own estates, and to endow them with glebe lands, or to appropriate the tithes of the neighbouring lands to their support, the bishops, from a desire of encouraging such pious undertakings, permitted those lords to appoint whatever person they pleased to officiate in such churches, and receive the emoluments annexed to them; reserving, however, a power to themselves to judge of the qualifications of those who were thus nominated.
§ 4. This
$ 4. This practice, which was originally a mere indulgence, became, in process of time, a right; and all those who had either founded or endowed a church, claimed and exercised the exclusive privilege of presenting a clerk to the bishop, whenever the church became vacant.
S 5. An advowson is therefore a right of presenta- Description tion to a church or ecclefiaitical benefice. The word
1 Inft, 17 b. is derived from advocatio, which signifies, in clientelam recipere ; for, in former times, the person to whom this right belonged, was called advocatus ecclesia, because he was bound to defend and protect, both the Watf. 65. rights of the church, and the incumbent clerks, from oppression and violence. Hence the right of presentation acquired the name of advowson, and the person possessed of this right was called the patron of the church.
$ 6. The right of presentation, and that of nomina- Right of No
mination. tion, are sometimes confounded; but they are distinct Plowd. 529. things. Presentation is the offering a clerk to the Watf. go. bishop. Nomination is the offering a clerk, to the person who has the right of presentation. And these rights may exist in different persons at the same time. Thus a person seised of an advowson may grant to A. and his heirs, that whenever the church becomes vacant, he will present such person as A. or his heirs shall nominate. This is a good grant; and the person who has the right of nomination is, to most purposes, confidered as the patron of the church.
7. Where the legal estate in an advowson is vested in trustees, they have the right of presentation in them; but the right of nomination is in the cestuique trust.
S 8. The right of presentation which was originally allowed to the person who built or endowed a church, became by degrees annexed to the manor in which it was erected: for the endowment was supposed to be parcel of the manor, and therefore it was natural that the right of presentation should pass with the manor, from whence the advowson was faid to be appendant, being so closely annexed to the manor, that it will pass as incident thereto, by a grant of the manor, without any other words.
Inst. 122 a.
$ 9. An advowson is appendant to the demesnes of 1 Lcon: 207. the manor, which are of perpetual subsistence and conDoderidge Adv. Lect. 8. tinuance, and not to the rents or services, which are
subject to extinguishment and destruction.
S 10. It was found in a special verdier, that the abbct of S. was feised of a capital messuage in F., and of 100 acres of land there, and that there was a te. nancy holden of such capital messuage by certain fervices, and that the said capital messuage had been known time out of mind by the name of the manor of F., and that the advowson was appendant to it. The court was of cpinion, that here was a fufficient manor to which an advowson might be well appendant.
S 11. It