Legal Definitions - advocatus ecclesiae

The term advocatus ecclesiae is a historical Latin phrase meaning "advocate of the church." In historical ecclesiastical law, it referred to the individual or entity holding the right of patronage over a church benefice.

To understand this, consider:

• A benefice was a specific ecclesiastical office, such as a parish priest, a canon, or even a bishopric, which came with an endowment—typically land, property, or a fixed income—to support the person holding that office.
• A patron was someone who possessed the legal right to nominate or present a suitable candidate to fill a vacant benefice. This right often stemmed from having founded or endowed the church in question, or from a grant by a higher authority. The patron was, in essence, the protector or sponsor of that particular church office.

Therefore, an advocatus ecclesiae was the person or institution that held this significant right of patronage, allowing them to influence who would serve in a particular church position and benefit from its associated income and resources.

Example 1: A Feudal Lord Endowing a Parish Church

Imagine a powerful medieval lord, Sir Reginald, who decided to build a new parish church on his estate to serve his tenants and demonstrate his piety. He endowed the church with land and a regular income from his manor. In return for his significant investment and ongoing support, Sir Reginald acquired the right to choose who would serve as the priest for that church whenever the position became vacant. In this scenario, Sir Reginald would be considered the advocatus ecclesiae for that particular parish, holding the patronage rights.

Example 2: A Monastery Controlling Local Parishes

Consider a large, influential monastery, such as St. Benedict's Abbey, which over centuries accumulated vast lands and influence. Through various grants and endowments, this abbey gained control over several smaller parish churches in the surrounding villages. When the priest of a village church under the abbey's control passed away, the abbot and the monastic community had the exclusive right to nominate and present a new priest to the bishop for institution. Here, St. Benedict's Abbey acted as the advocatus ecclesiae for those dependent parish churches, exercising their patronage rights.

Example 3: A Monarch Appointing a Bishop

During certain historical periods, monarchs held significant power over the church within their realms. For instance, King Henry VIII, after the English Reformation, asserted the Crown's authority over ecclesiastical appointments. If a bishopric became vacant, the King, as the supreme head of the church in England, would often nominate a candidate to fill the position. In such a context, the monarch functioned as the advocatus ecclesiae for that specific bishopric, exercising the ultimate right of patronage and appointment.