Sawb.idge v. Benton Sawyer's cafe Page 90 Tong v. Robinson Say and Sele's Barony, case of 201 Troward v. Cailland Scott v. Ayrey Scholes v. Hargreaves Sear v. Trinity College Page 13 119 Trelawney v. Ep. Winton 138 II 82 Totterfal's Cafe 352 95 Turner v. Hodges 496 Semford v. Havel Senhouse v. Chriftian U. 296 Shakespear v. Peppin Shrewsbury (Earl of)'s cafe Sims v. Bennett Small v. Dale Smith. Farnaby v. Feverell v. How v. Kemp v. Sherborne v. Wyatt Smithley v. Chomley Stapleton's cafe Steele v. Wright Stevens v. Arthur Strafford v. Wentworth Strange Barony, Cafe of Stringer v. New Strutt v. Baker Styant v. Walker Surry v. Pigot 261 Warner's Cafe 58 353 Weeks v. Slake 144, 153 Wilfon v. Kirkfhaw 162 Winchester (Ep.'s) Cafe Windfor (Dean of) v. Glover 313 Sydney Barony, Cafe of 212 Whittingham's Cafe T. Winter's Cafe 314 161, 168 Talbot's Cafe 359 Worledge v. Kingswell 119 315 Worral v. Miller 64 Woodward v. Fox 36 Wentworth Barony, Cafe of 206 95 Weftfaling v. Westfalihg 328 Whaley v. Thompson 344 2-8 White v. Ewer 468 Whitelock's Cafe The law of advowfons is here only difcuffed as far as lay patrons are concerned. VOL. III. B Section Section 1. real Property. Of Incorpo- HAVING treated in the preceding titles, of corporeal property or land, it will now be neceffary to explain the nature of incorporeal property, and the rules by which it is governed. Tit. 1. f. 2. Origin of Incorporeal property confifts of rights and profits arifing from or annexed to land; their existence is merely in idea and abstracted contemplation, though their effects and profits may be frequently objects of our bodily fenfes. § 2. The principal kinds of incorporeal property are advowfons, tithes, commons, ways, offices, dignities, franchifes, and rents. Sir William Blackstone has added to thefe, two others; corrodies, and annuities, which are not deferving of a particular difcuffion. § 3. In the early ages of christianity, the nomination of all ecclefiaftical offices belonged to the church; and when the piety of fome lords induced them to build churches upon their own eftates, and to endow them with glebe lands, or to appropriate the tithes of the neighbouring lands to their fupport, the bishops, from a defire of encouraging fuch pious undertakings, permitted thofe lords to appoint whatever perfon they pleased to officiate in fuch churches, and receive the emoluments annexed to them; referving, 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 procefs of time, a right; and all those who had either founded or endowed a church, claimed and exercifed the exclufive privilege of presenting a clerk to the bishop, whenever the church be came vacant. § 5. An advowson is therefore a right of prefenta- Defcription of. 1 Inft. 17 b. tion to a church or ecclefiaftical benefice. The word is derived from advocatio, which fignifies, in clientelam recipere; for, in former times, the perfon to whom this right belonged, was called advocatus ecclefia, because he was bound to defend and protect, both the Watf. 65. rights of the church, and the incumbent clerks, from oppreffion and violence. Hence the right of prefentation acquired the name of advowfon, and the perfon poffeffed of this right was called the patron of the church. § 6. The right of presentation, and that of nomination, are sometimes confounded; but they are diftinct things. Presentation is the offering a clerk to the bishop. Nomination is the offering a clerk, to the person who has the right of presentation. And these rights may exist in different perfons at the fame 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 fhall nominate. This is a good grant; and the perfon who has the right of nomination is, to moft purposes, confidered as the patron of the church. Right of No mination. Plowd. 529. Advowfons appendant. Inft. 122 a. 1 Leon. 207. Doderidge Adv. Lect. 8. Long and § 7. Where the legal estate in an advowson is vefted in trustees, they have the right of prefentation in them; but the right of nomination is in the ceftuique truft. § 8. The right of presentation which was originally allowed to the perfon who built or endowed a church, became by degrees annexed to the manor in which it was erected for the endowment was fuppofed to be parcel of the manor, and therefore it was natural that the right of presentation fhould pass with the manor, from whence the advowfon was faid to be appendant, being fo closely annexed to the manor, that it will pafs as incident thereto, by a grant of the manor, without any other words. § 9. An advowfon is appendant to the demefnes of the manor, which are of perpetual fubfiftence and continuance, and not to the rents or fervices, which are fubject to extinguifhment and deftruction. Sio. It was found in a fpecial verdict, that the abbet of S. was feifed of a capital meffuage in F., and of 100 acres of land there, and that there was a tenancy holden of fuch capital meffuage by certain fervices, and that the faid capital meffuage had been known time out of mind by the name of the manor of F., and that the advowfon was appendant to it. The court was of opinion, that here was a fuffici ent manor to which an advowfon might be well appendant. SII. It |