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ADVOWSOX.S, VALUE OF. 



MD1 : Bfi 





l body, they became both patrons and perpetual incumbent* 

 of the living, the immediate dutioa being devolved on A riear, or a 

 stipendiary enrol t. 



Then are adrowsons, the patron* of which hnvo |..\\n to apjioiiit an 

 incumbent without any resort to the bishop. These are callt 1 a 

 IMOCAUB the patron eiercii** a direct and un.|ualilie<l |u ivil. -< of ,"''/ 

 hut church to a clerk solecUxl by hiiusvlf. The only check II|H.II th. 

 incumbent in such cases, is the power of the |>atron to visit, ami even 

 : ive him, when the occasion demand* it ; and the right in the 

 bishop to proceed against him in the spiritual court fur any ecclesiastical 

 misdemeanour. Donatives are said to have their origin in the king, 

 who had authority himself to found any church or chapel exempt from 

 the episcopal jurisdiction, and might olio, by special licence, i 

 subject to do the nine. 



Sometimes the nominntitM is distinct from the right to piosent 

 thus, the owner of an advowson may grant to another the right to 

 nominate a clergyman, whom the grantor and his heir* shall be there- 

 upon bound to present Here the person to whom the nomination i- 

 givj, is substantially the )*tron, and the person who presents merely 

 the instrument of his will Where an advowson is mortgaged, the 

 mortgagee u bound to present the person nominated by the mortgagor. 



This species of property u coupled with a trust, in the faithful per- 

 formance of which the public are deeply interested. If, therefore, upon 

 the vacancy of a living, no successor, or an insufficient one, shall be 

 presented, it in put under teoualratwn by the bishop, who must provide 

 lor the spiritual wants of the parish by a temporary appointment, the 

 profits of the benefice being secured after deducting expenses, until 

 another incumbent shall be inducted. If a vacancy of six months 

 occurs by the default of the patron, the right to present lapeu to the 

 bishop himself ; on default by him, to the archbishop, and from him to 

 the king & paramount patron ; six calendar months being allowed to 

 pass in each case before the right is forfeited. A donative advowsou, 

 however, is excepted from this role ; for there the right never lapses 

 oy reason of a continued vacancy ; the patron is only oompellable to 

 1:11 it up by the censures of the ecclesiastical court. 



When the incumbent of a living is promoted to a bishopric, it 

 is thereby vacated, and the king, in virtue of his prerogative, has a 

 right to present to it in lieu of the jxitron. This claim on the part of 

 the crown appears to have grown up since the Reformation, anil was 

 the subject of complaint and discussion down to as late a period as the 

 i of William and Mary. It is difficult to reconcile it to principle, 

 " i it has been urged by way of apology, that the patron has no 

 I to complain, because the king might, if he pleased, enable the 

 .> to retain the benefice, by the grant of a rommrndam ; so that 

 the patron sustains no other injury than what may result from the 

 nubstitution of one life for another. It is certain that, by successive 

 promotions, the crown may deprive the patron of his right for an 

 indefinite time, and an instance actually occurred wherein the patron of 

 the metropolitan parish of St Andrew was prevented by several such 

 exertions of the royal prerogative, from presenting to his own living 

 more than once in 100 years. (' Shower's Reports,' vol. i. p. 468.) So 

 that, as was truly observed by the counsel in that ease, the safest course 

 that could be adopted by an unconscientious patron, with a view to 

 retain in his own hands the future enjoyment of his right, would be to 

 present a clergyman whose qualities are not likely to recommend him 

 to higher preferment. 



If a man marries a female patron, and a vacancy happens, he may 

 present in the name of himself and wife. 



Joint tenants and tenants in common of on advowsou must agree in 

 liressnriiig the same person ; and the bishop is not bound to admit on 

 the separate presentation of either. Co-heiresses may also join in pre- 

 .-rnting a clergyman ; and if they cannot agree in their choice, then 

 they shall present in turn, and the eldest shaU have the first turn. 



When the patron dies during a vacancy, the right to present devolves 

 to his executors. Where the patron happens to be the incumbent, his 

 heir, and not bin executor, is entitled to present. 



When the wtron in a lunatic, the lord chancellor present* ; and he 

 usually exercises his right in favour of some member of the lunatic's 

 family, where it can with propriety be done. 



An infant of the tendered age may present to a living in his patron- 

 age, and his hand may be guided in signing the requisite iiwtnuuent. 

 In such a case the guardian who dictates the choice or directs the )>en, 

 u the real patron. 



As to presentations to livings by the crown, see CUAXCKI.LOR. 



(Bum's Krrlewulical Lav, titn. Advowson,' ' Benefice,' Donative; 1 

 belden's Baton of Titka ; Gibson's tV/r, T ..l. ii. ; Klackitnue's Com- 



Mmtorin, Mr. Km** ed. ml. ii. p. 18.) 



K 



< -', 



ADVOW80N8, VALOE Of. The following plain nil 

 mating the value of advowmma, may be of use. The bargains which 

 are usually made with respect to advowsons are, either for the ndvow- 

 son itaelf, that is, the right of presentation for ever, or for the right of 

 presenting the next incumbent, that is, the next presentation. In both 

 these cases there may be circumstances peculiar to the living itaelf, 

 which fall under no general rule, but which must be considered and 

 allowed for in valuing the advowmm an a property. For example, a 

 curate mar be necessary ; the panonage-house may be in a state whi.-h 

 will entail expenses on the next incumbent ; and so on. Again, the 

 !elf is of -- ...... 



property itaelf 



i nature more likely to be altered in vain. 



act of the legislature than the fee-simpl* of an estate. The following 

 rules, therefore, give the rrry hi'jlutt value of the advowvjn, and any 

 purchaser should think twice before he gives as much a 

 them : 



To find the value of the |>erpetual advowsou of a living pr>> 

 100W. a year, the present ineiiinlx'iit . U-i:. years of age, and 



!u"ii.-y making four JK.T cunt, we muni tint ted bow many yean' 

 purchase the inciuubuut's life i* worth, and here we should reo'i 

 the use of the government, or Carlisle tables [Ax.M im>],in pn-i 

 to any other. Taking tin- latter, we. find the annuity ->n .1 life i" 

 five at four ]ier cent, to )>e worth fourteen and one-tenth years' 

 purchase ; but at four per cent, any sum to be continued uunu 



worth twenty-five years' purchase. The difference U ten and 

 nine-tenths yean' purchase, or for 10001. a year, 10,9UO/, whiclj 

 value of the advowaon. 



In finding the value of the next presentation only, othi : things 

 remaining the some, the seller will presume t ! an* to 



make the best of his bargain by putting in the youngest life, that 

 the laws will allow, that i*, one aged twenty-four. The value of an 

 annuity on such a life at four per cent according to the Carlisle tables, 

 is seventeen and eight-tenths years' purchase. And as we are giving 

 the highest possible value of the odvowson, omitting no circumstance 

 which can increase it, we will suppose, the next incumbent to come into 

 a year's profits of the living immediately on In.- taking poeasetmion. 

 The present value of the next prv~ the value of on annuity 



for 17'8 years, beginning from the present year. The rule is this : 

 Take four per cent, of the value of the incumbent's life, or 14 1 x -04, 

 which gives '664 ; subtract this from 1, which gives '436; divide by 

 1 increased by the rate per cent., or 1'04, which gives '419 ; odd one 

 year's purchase to the presumed value of the next incumbent's life 

 (17-8), which gives 18-8; multiply this by the last i 

 gives 18'8 x '419, or 7'88 nearly the number of years' purchase which 

 the next presentation is now worth which, if the living he 1000/. 

 a year, is 78802. 



We have thus given the very highest value : we will now state some 

 of the circumstances which reduce it If a curate must be kept, the 

 yearly expense must be deducted from the income of the living. Again, 

 expenses at entry, first fruiu, &c., may be expected, one case with 

 another, to swallow up the first year's income ; accordingly, at least the 

 year's purchase added in the above rule may be left out. But even 

 wheu these deductions ore made, there is another mralu who has not 

 been mentioned ; the incumbent himself, whose mere salary for the 

 work done must be put at the value for which a curate could be found 

 to do it. A person who buys a living on which a curate must be kept, 

 and deducts only for one curate, pays the salary of the rector or 

 out of his own pocket. By deduction of all the salaries (the incum- 

 bent's included), and expenses of entry, the lowest value is found. 

 What it may be worth the while of any particular buyer to give 

 depend upon a variety of circumstances which no actuary can value. 



For all necessary tables, we may refer to Jones on Annuities. 



A'DYTUM, &SUTOV, a Greek term signifying a place that man ' i 

 ottered, and applied to the innermost and secret chamber of a temple. 



In the ancient Egyptian temple, the adytum is placed at the end of 

 a series of pmpyUea, porticoes, and vestibules, and surrounded by 

 galleries and chambers which afforded every facility for concealing the 

 mysteries of the interior. In the temples of the Greeks there wan 

 sometimes an adytum, but nothing bos been found corresponding to 

 the adytum of the Egyptian temples, unless it be the chamber which, 

 in the Parthenon at Athens, has been called the treasury. The 

 temples of the Romans, also, are without obvious adyta, though the 

 exhumation of Pompeii has discovered to us, in the temple of Isis 

 there, a small chamber behind and under the altar and statue of the 

 goddess, with means of secret access, from which probably the oracular 

 responses were delivered. 



The 'most holy place,' or the Sanctum Sanctorum, the holy of 

 holies, was the adytum of the temple of Solomon at Jerusalem. 



jEDI'LES, from ado, a building ; the name given to certain magis- 

 trates in ancient Rome. They were four in number, two entitled euralr 

 wdiles. and two j<Mcin. It is difficult to mark the limit between the 

 duties of these magistrates. The former however must have been 

 originally connected with the patrician order, and elected by the 

 militia nirinlii. Their inxigiiia of office were the same as those of the 

 kings had been, namely, the purple robe called the toga pralaeta, and 

 the chair ornamented with ivory, or alia enriilin. They had the care 

 of the temples, baths, porticoes, aqueducts, sewers, and roads of the 

 city. They presided at the religious celebrations, of v hi. I, theatrical 

 \liioiti..ii- formed an important part; and, in performing this duty, 

 the ndiles under the republic were often guilty of the most lavish 

 expenditure, with the view of acquiring popularity, and thus paving 

 their way to the higher offices of the state. The plebeian ndiles were, 

 as their name imports, specially magistrates of the plcbu or commonalty. 

 They were subordinate to the tribunes of the plebtt, and acted as judges 

 in such causes as were referred to them by their superiors. The temple 

 of Cera, which constituted the treasury of the commonalty, was under 

 their peculiar guardianshiji. They here received the fines paid for 

 oflenoes against the plebeian magistrates, and made a distribution of 

 bread among the poor of their order. In the same temple, too, they 

 preserved the public records connected with their own body, and the 



