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; 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).

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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.