Legal Definitions - donative advowson

A donative advowson refers to a historical right held by a patron (an individual or institution) to directly appoint a priest to a vacant ecclesiastical benefice (a church position, often with an associated income and property) without requiring the formal institution or induction by the diocesan bishop. In such cases, the patron's act of "donating" or "collating" the benefice to the chosen priest was sufficient for the priest to take possession, bypassing the usual ecclesiastical approval process. This type of advowson granted the patron a more absolute and direct power over the appointment.

• Example 1: In 15th-century England, Lady Eleanor founded a small monastery on her family's estate and endowed it with lands to support its abbot and monks. As the founder and patron, she stipulated in the foundation charter that she and her descendants would always have the right to directly appoint the abbot whenever the position became vacant, without needing the local bishop's formal approval or ceremony.

  Illustration: This scenario exemplifies a donative advowson because Lady Eleanor, as the patron, directly "donated" the benefice (the abbacy) to her chosen candidate. The abbot would immediately assume the role and its associated benefits upon Lady Eleanor's appointment, without the bishop's institution or induction, which would typically be required for other ecclesiastical appointments.

• Example 2: Consider a historical trust established in the 1600s to maintain a specific university college chapel. The original trust deed explicitly grants the college's governing body the power to select and appoint a chaplain to serve the college community, stating that their appointment is final and does not require the bishop of the diocese to formally "institute" or "induct" the chaplain.

  Illustration: Here, the college's governing body acts as the patron. The right to appoint the chaplain directly, bypassing the bishop's formal ecclesiastical process, demonstrates a donative advowson. The governing body's choice is sufficient for the chaplain to take up the post, highlighting the direct and absolute nature of this particular right of appointment.

• Example 3: An 18th-century legal challenge arises when a new rector, appointed by the Earl of Wessex to a particular parish church, is disputed by a group of parishioners. The parishioners argue that the bishop should have formally approved the appointment. However, the Earl successfully presents historical documents proving that the rectory in question was established centuries ago as a donative advowson, meaning his direct appointment was legally valid and did not require the bishop's institution.

  Illustration: This situation underscores the unique characteristic of a donative advowson: the patron's (the Earl's) direct appointment is legally sufficient. The absence of the bishop's required involvement, which would be standard for other advowsons, is the defining feature that makes this a donative advowson and validates the Earl's action.