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 Collative. 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; Mirehouse, Advowsons; Comyn, Dig. "Advowson, Quare Impedit;" Bac. Abr. "Simony;" Burns, Ecc. Law.

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; 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 collative, where the bishop himself is a 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 Iwuses, that which is vested in the person who founded such a house. 2 Bla. Com. 21; Mirehouse, Advowsons; Comyns, Dig. Advowson, Qua re Impedit; Bacon, Abr. Simony; Burns, Eccl. Law. See 2 Poll. & Maitl. 135. An advowson in modern times and in ordinary language has, no doubt, been used to mean the perpetual right of presentation to a church or ecclesiastical benefice. An advowson in the limited sense of the word may be separated from the manor to which it is attached and perpetual right of presentation to a church may be severed from the lordship of the manor. Where an almshouse has been established by a lord of the manor, which afterwards became vested in the Crown by attainder, the charity also vested in the Crown by attainder and the right, of nominating a master was analogous to an advowson separable from the manor and capable of being passed by grant from the Crown subsequent to the attainder; 22 L. J. Ch. 84G. ted adultery, continued to live with the adulterer. Cowell. /EDES. In Civil Law. A dwelling; a house; a temple. In the country everything upon the surface of the soil passed under the term ades. Du Cange. /EDILE. In Roman Law. An officer who attended to the repairs of the temples and other public buildings; the repairs and cleanliness of the streets; the care of the we and measures; the providing for funerals and games; and to regulating the prices of provisions. Ainsworth, Lex.; Smith, Lex.; Du Cange. /EDILITIUM EDICTUM. In Roman Law. That provision by which the buyer of a diseased or imperfect slave, horse, or other animal was relieved at the expense of the dor who had sold him as sound knowing him to be imperfect. Calvinus, Lex. AEL (Norman). A grandfather. Spelled also aieul, ayle. Kelham. /EQUITAS. In Roman Law. Referring to the use of this term, Prof. Gray says (Nature and Sources of the Law 290): "Austin and Maine take wquitas as having an analogous meaning to equity; they apply the term to those rules which the praetors introduced through the Edict in modification of the jus civile, but it seems to be an error to suppose that cequitas had this sense in the Roman Law." He quotes Prof. Clark (Jurisprudence 367) as doubting "whether cequitas is ever clearly used by the Roman jurists to indicate simply a department of Law" and expresses the opinion that an examination of the authorities more than justifies his doubt. 2E quit as is opposed to strictum jus and varies in meaning between reasonable modification of the letter and substantial justice. It is to be taken as a frame of mind in dealing with legal questions and not as a source of law. See ^Equum et Bonum. /EQUUM ET BO NUM. "The Roman conception involved in 'mquum et bonum' or 'wquitas' is identical with what we mean by 'reasonable' or nearly so. On the whole, the natural justice or 'reason of the thing' which the common law recognizes and applies dne* not appear to differ from the 'law of nature' which the Romans identified with jw Hum, and the medieval doctors of the civil and common law boldly adopted as being divine law revealed through man's natural reason." Sir F. Pollock, Expans. of C. L. ill. citing [1902] 2 Ch. GG1, where jus naturale and wquum ct bonum were taken to have the same meaning.

In English ecclesiastical law. The right of presentation to a church or ecclesiastical benefice; fhe 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" (pairons) of the church, and was formerly termed "advocatus," the advocate or defender or in English, "advowee." Id.; 1 Crabb, Real Prop, p. 129, § 117. Advowsons are of the following several kinds, via.:

— Advowson appendant. 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 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; 1 Crabb, Real Prop. p. 13i, § 119.

— Advowson donative. 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. 2 Bl. Comm. 23; 1 Crabb, Real Prop. p. 131, § 119.

— Advowson in gross. 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 presenta-tive. 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.

In English ecclesiastical Calvin. law. The right of presentation to a church JADIFICARE. Lat. In civil and old or ecclesiastical benefice; the right of pre- English law. To make or build a house; te senting a fit person to the bishop, to be by erect a building. Dig. 45, 1, 75, 7. him admitted and instituted to a certain benefice within the diocese, which has be- 7idificare in tuo proprio solo non come vacant. 2 Bl. Comm. 21; Co. Litt. licet quod alteri noceat. 3 Inst.201, To 1198, 120a. The person enjoying this right build upon your own land what may injure is called the “patron” (patrenus) of the another is not lawful. A proprietor of land of adjoining premises, as by overhanging them, or by throwing water from the roof and eaves upon them, or by obstructing ancient lights and windows. Broom, Max. 369. #idificatum solo solo cedit. What is built upon land belongs to or goes with land. Broom, Max. 172; Co. Litt. 4a, Aidificia solo cedunt. Buildings belong to [go with] the soil. Fleta, lib. 3, ¢. 2, g 12 #DILE. In Romanlaw, An officer who aitended to the repairs of tha temples and other public buildings; the repairs and cleanliness of the streets; the care of the weights and measures; the providing for funerals and games; and regulating the prices of provisions. Ainsw. Lex.; Smith, Lex.; Du Cange.

*' Taking into protection. The right of presentation to a church or ecclesiastical benefice. Advowsons are (were) appendant, or in gross; and presentative, co Uative, or donative.^ ^DLPICATA. See Solum, ^diflcata..ffiQUITAS. L. Equity..Squitas sequitur legum. Equity follows the law. Where the law, or the commor^ law, is ineffectual, equity affords relief, following at the same time the rules of law.8 See Equity.

A right of presentation to a church or benefice, of dant: one annexed to a manor. Advo'vtrson in gross: one belonging to a person. Advo'ro-son presentative: when the patron presents to the bishop, and collative when the patron is himself the bishop. Donative advow^son: when the patron could place his clerk in possession without presentation, institution, or induction.

Advowzen, L. Fr. and Eng. [perhaps a contraction of advocation; L. Lat. advocation q. v.] 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 Com, 21. Co. Litt. 119 b, 120 a. The person enjoying this right is called the patron {patronud) of the church, and was formerly termed advocatu8, the advocate or defender, or in English, advowee. Id. ibid. 1 Crabb's Real Prop. 1 29, § 1 1 7. The right itself is termed an advowson, (advocatio,) because the patron is bound to advocate or protect {advocare) the rights of the church, and of the incumbent whom he has presented. Spelman, voc. Advocatua. See Advocatus, Patron, Incumbent, Presentation. Advowson appendant. 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 Com. 22. Co, l Att. 120, 121. 1 Cra WeBeal Prop, 130, § 118. Advowson in gross. An advowson separated from the manor, and annexed to the person. 2 Bl. Com. 22. Cb. Zi«. 120. 1 Crabb's Real Prop. 130, § 118. 3 Steph, Com, 116. Advowson present ative. 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, Com. 22. 1 Crabb's Real Prop. 131, § 119. Advowson collative is 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 I of presentation and institution. 2 Bl. Com. 22, 23. 1 Crabb's Real Prop, 131, § 119. See Collation. Advowson donathte is 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.* 2 Bl. Com. 23. 1 Crabb's Real Prop, 131, § 119.