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Simple English definitions for legal terms
advowson
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A quick definition of advowson:
Advowson is a legal term in the church that refers to the right of a person, called the patron, to nominate someone to fill a vacant position in the church. The patron presents the nominee to the bishop, who then appoints the nominee if they are qualified. If the patron does not exercise their right within six months, the bishop can appoint someone else. Advowson can be sold or transferred like real property. There are different types of advowson, including advowson appendant, which is attached to a manor, and advowson presentative, which is the most common type. Advowson donative is a type where the patron can gift the position without presenting to the bishop.
A more thorough explanation:
Advowson is a term used in Ecclesiastical law. It refers to the right of a person, known as the patron, to nominate or present a candidate for a vacant benefice in the church. The patron presents the nominee to the bishop, who then appoints the nominee to the church if they are qualified.
- Advowson appendant: This refers to an advowson that is attached to a manor and is transferred with the manor whenever it is sold or conveyed to another person.
- Advowson collative: This type of advowson occurs when the bishop is also the patron, and there is no separate presentation to the bishop. The benefice is conferred through a single act called "collation."
- Advowson donative: This type of advowson allows the patron to put a cleric in possession of the benefice through a mere gift or deed of donation, without any presentation to the bishop. This type of advowson was converted into the advowson presentative by the Benefices Act of 1898.
- Advowson in gross: This refers to an advowson that is separated from the manor and is annexed to a person.
- Advowson presentative: This is the most common type of advowson, where the patron has the right to make the presentation to the bishop and demand that the nominee be instituted if they are qualified.
These examples illustrate the different types of advowson and how they are transferred or conferred. Advowson appendant and advowson in gross show how advowsons can be attached to a manor or separated from it. Advowson collative and advowson donative show how the bishop's role in conferring the benefice can be different depending on the type of advowson. Advowson presentative is the most common type of advowson, where the patron has the right to present a nominee to the bishop.