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Legal Definitions - advowson
Definition of advowson
An advowson is a historical legal right, primarily found in English ecclesiastical law, that grants an individual or entity (known as the "patron") the power to nominate or "present" a candidate to fill a vacant clerical position, such as a rector or vicar, within a specific church or parish. This right is considered a form of real property and can be bought, sold, or inherited, much like land. Once the patron presents a qualified candidate, the bishop or other ecclesiastical authority is generally obliged to formally appoint (institute) that person to the position.
Here are some examples to illustrate the concept of an advowson:
Inherited Patronage: Lady Eleanor inherits a historic estate that includes the right to appoint the vicar for the local village church. When the current vicar retires, Lady Eleanor, as the patron, reviews applications and selects a candidate she believes is well-suited for the community. She then formally presents this candidate to the diocesan bishop, who, after confirming the candidate's qualifications, proceeds with the official appointment.
This example illustrates an advowson as an inherited property right, where the patron (Lady Eleanor) exercises her power to nominate a cleric for a vacant church position.
Advowson as a Saleable Asset: A charitable trust owns an advowson for a small rural parish. To raise funds for its educational programs, the trust decides to sell this advowson to a private individual, Mr. Davies. Mr. Davies now holds the right to present a candidate when the parish's clerical position becomes vacant. Years later, when the incumbent priest moves to another parish, Mr. Davies exercises his newly acquired right by proposing a new priest to the bishop.
This demonstrates that an advowson is a valuable, transferable property right that can be bought and sold, separate from the physical church building or land. Mr. Davies, as the new patron, acquires and then uses this right.
Corporate Patronage: St. Michael's College at a historic university holds the advowson for three different parish churches in the surrounding region, a right granted centuries ago by its founder. When the rectorship of one of these parishes becomes vacant, the college's governing body convenes to discuss potential candidates. After careful deliberation, they vote to present a particular theologian, who is also an ordained priest, to the bishop for institution.
This shows that an advowson can be held by an institution, not just an individual, and that the exercise of this right involves the patron (the college) selecting and presenting a nominee for a vacant church office.
Simple Definition
An advowson is a historical legal right, primarily in ecclesiastical law, to nominate or "present" a qualified person to a vacant church position or "benefice." The holder of this right is known as the "patron," and historically, an advowson was considered a form of real property that could be bought, sold, or inherited.