Legal Definitions - de recto de advocatione

de recto de advocatione

This was a historical legal writ, or formal court order, used in England. It served to restore a person's rightful authority to nominate a priest to a church position (known as a benefice) when that right had been unlawfully challenged or taken away. This writ was a way for a patron, who held the valuable right of "advowson" (the right to appoint a clergyman to a specific church, along with its associated income and duties), to reclaim their power to make such an appointment. This legal remedy was abolished in the 19th century.

Here are some examples illustrating how de recto de advocatione would have been applied:

• The Disputed Manor
  Lord Ashworth inherited a large estate, which included a small village church. For centuries, his family held the "advowson," meaning they had the exclusive right to choose and present a new priest whenever the position became vacant. When the elderly vicar passed away, a neighboring baron, Lord Blackwood, attempted to install his own preferred candidate, claiming a historical right to the church that was not legally his.

  In this situation, Lord Ashworth's established right to appoint the priest (his advowson) was directly interfered with by Lord Blackwood. Lord Ashworth would have sought a de recto de advocatione writ to legally affirm his family's traditional right and prevent Lord Blackwood from usurping his authority, thereby restoring his power to present his chosen clerk to the benefice.

• The Heir's Challenge
  Lady Eleanor was the sole surviving heir to her family's ancestral lands, which included the advowson of a prosperous parish church. Upon her father's death, the local bishop, citing an ancient and dubious claim, attempted to appoint a priest of his own choosing, arguing that Lady Eleanor, as a woman, could not properly exercise the right of advowson.

  Lady Eleanor's inherited right to appoint the priest was challenged and interfered with by the bishop. A de recto de advocatione writ would have been her legal recourse to defend her rightful inheritance, proving her legitimate claim to the advowson and compelling the bishop to recognize her authority to present a suitable clerk to the church position.

• The Unfulfilled Sale
  Sir Reginald sold a portion of his estate, including a small chapel and its associated advowson, to a wealthy merchant, Mr. Davies. The sale contract clearly transferred all rights. However, when the chapel's priest retired, Sir Reginald, regretting the sale, tried to appoint his nephew to the vacant position, ignoring Mr. Davies's newly acquired right.

  Mr. Davies's legally purchased right to appoint the priest (his advowson) was interfered with by Sir Reginald's attempt to reassert control. Mr. Davies would have used a de recto de advocatione writ to enforce the terms of the sale, establish his legitimate claim to the advowson, and ensure he could exercise his right to present a clerk to the benefice as per their agreement.