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Legal Definitions - advocator
Definition of advocator
In historical legal contexts, an advocator referred to a person involved in specific legal processes, primarily concerning property rights or ecclesiastical appointments. It carried two main meanings:
- Firstly, it could describe someone who formally requested another party to confirm or guarantee their legal ownership (a 'title') of property, such as land. Conversely, it could also refer to the person who *provided* that guarantee, essentially promising that the title was valid and free from defects.
- Secondly, in the context of church law, an advocator was a patron who held the right to appoint a clergyman to a church office or position, known as a benefice.
Here are some examples illustrating the historical use of the term:
- Example 1 (Demanding a Warranty of Title):
During a land transaction in medieval England, Lord Alaric purchased a large estate from Baroness Beatrice. Before finalizing the sale, Lord Alaric, acting as an advocator in the historical sense, formally demanded that Baroness Beatrice provide a clear warranty of title, ensuring there were no hidden claims or disputes over the land's ownership.
This illustrates the advocator as the party *requesting* the guarantee of a property's legal ownership from the seller.
- Example 2 (Being a Warrantor of Title):
In the 15th century, when Sir Reginald sold his ancestral manor to Lady Eleanor, he acted as an advocator by issuing a formal legal document that warranted the title. This document guaranteed Lady Eleanor that he had the undisputed right to sell the property and that she would have clear, unencumbered ownership.
Here, Sir Reginald is the advocator in the sense of being the *warrantor*, the one providing the legal assurance of a valid property title.
- Example 3 (Ecclesiastical Patronage):
In 17th-century England, the local squire, Mr. Finch, held the historical right to appoint the new vicar for the parish church. In this capacity, Mr. Finch was considered an advocator of the benefice, exercising his privilege to select and present a suitable clergyman for the ecclesiastical position.
This example demonstrates the advocator as a patron with the historical right to appoint someone to a church office or benefice.
Simple Definition
Historically, an "advocator" in legal contexts referred to a person who either called upon another to guarantee a title, or was the one providing such a guarantee (a warrantor). It also historically described the patron of a benefice, meaning someone with the right to appoint clergy to a church position.