Legal Definitions - nomination to a living

Nomination to a Living refers to a specific right within ecclesiastical (church) law. It is the authority held by an individual or entity, known as an advowson owner, to propose a qualified priest (often called a "clerk" in this context) to the bishop for appointment to a particular church position or parish, known as a benefice. Essentially, it's the right to choose who will serve as the priest for a specific church.

While the advowson owner holds this right, they can also transfer or sell it to another party. If they do, the original owner is legally obligated to present the candidate chosen by the new holder of the right.

• Example 1: Traditional Ownership

  The wealthy Ashworth family has owned the local manor and, along with it, the advowson for St. Michael's Church for centuries. When the current vicar retires, the Ashworth family exercises their right of nomination to a living. They interview several priests and ultimately decide to propose Father Thomas to the diocesan bishop. The bishop then reviews Father Thomas's qualifications and, if satisfied, formally inducts him as the new vicar of St. Michael's.

  This illustrates the direct exercise of the advowson owner's right to select and present a candidate for a church position.

• Example 2: Transferred Right

  Lady Eleanor, a philanthropist, purchased the advowson for the struggling St. Jude's Chapel from its previous owner, a distant relative of the original founder. Lady Eleanor believes the chapel needs a dynamic leader to revitalize its community outreach. She identifies Reverend Sarah, a priest known for her community work, as the ideal candidate. Lady Eleanor then formally exercises her right of nomination to a living by presenting Reverend Sarah's name to the bishop for appointment to St. Jude's.

  This shows how the right can be acquired by a new owner (Lady Eleanor) and then used to propose a priest for a specific church, demonstrating the transferability of the advowson.

• Example 3: Granting the Right to Choose

  The trustees of a historical charitable foundation hold the advowson for All Saints' Church. However, their charter specifies that for certain appointments, they must grant the right of selection to a specific theological college. When a vacancy arises, the trustees formally grant the right of nomination to a living to the college. The college's faculty committee selects a promising young graduate, Father David, and informs the trustees of their choice. Even though the trustees technically "own" the advowson, they are now bound to present Father David's name to the bishop as their nominee, fulfilling the college's selection.

  This highlights the aspect where the advowson owner (the trustees) grants the right of selection to another party (the theological college) and is then legally obligated to present the candidate chosen by that grantee.