Legal Definitions - disturbance of patronage

Disturbance of patronage refers to the unlawful interference with a person's established legal right to appoint a religious leader (historically called a "clerk" or "priest") to a specific church office or position. This office, often associated with an income and property, is known as a "benefice." Essentially, it occurs when someone wrongfully prevents the rightful patron from exercising their power to nominate a suitable candidate for a vacant ecclesiastical role.

Here are some examples to illustrate this concept:

• Example 1: External Interference by a Powerful Figure

  Imagine a wealthy medieval family, the de Montforts, who have historically held the legal right to choose the priest for their local village church (the benefice). When the current priest dies, the de Montforts prepare to present their chosen candidate, Father Thomas. However, a powerful neighboring baron, Lord Blackwood, attempts to force the local bishop to appoint his own nephew, Father Richard, instead, claiming the de Montforts have lost their right without any legal basis.

  This illustrates a disturbance of patronage because Lord Blackwood's actions constitute a wrongful obstruction of the de Montforts, the rightful patrons, from presenting their chosen clerk (Father Thomas) to the benefice (the village church's priestly position).

• Example 2: Institutional Obstruction Without Authority

  Consider a modern-day charitable foundation that legally holds the right of patronage for a specific chaplaincy position within a historic university (the benefice). When the chaplaincy becomes vacant, the foundation carefully selects and formally presents Reverend Alice as their nominee. However, a senior university administrator, without any legal authority or valid reason to do so, unilaterally declares Reverend Alice unsuitable and attempts to block her appointment, insisting on a different candidate.

  Here, the university administrator's actions represent a disturbance of patronage. They are wrongfully obstructing the charitable foundation, the rightful patron, from exercising their legal right to present their chosen clerk (Reverend Alice) to the benefice (the university chaplaincy).

• Example 3: Dispute Over the Right of Patronage Itself

  Suppose a small, historic church has a long-standing right of patronage held by the descendants of its founding family. Over generations, the documentation became unclear. When the church's rector retires, a distant relative, Mr. Davies, believing he is the rightful patron, attempts to appoint his preferred candidate. However, the local church council, after reviewing historical records, asserts that the right of patronage actually passed to them years ago and presents their own candidate. If it is later legally determined that Mr. Davies had no legitimate claim and was acting without authority, his attempt to appoint a candidate would be considered a wrongful obstruction of the church council's true right of patronage.

  In this scenario, Mr. Davies's actions, if proven to be based on an invalid claim, constitute a disturbance of patronage because he would be wrongfully obstructing the church council, the actual rightful patron, from presenting their chosen clerk to the benefice. The legal system would then resolve who the true patron is and confirm the disturbance.