A D V 



of Sc-flion, iinlefs th« inferior jud;:;e he incompetent, In which 

 cafe the cavife may be removed from him by advocation, 

 however inconfjderable the fiibjeiil. 



If after letters of advocation are intimated to the judge, he 

 yet proceeds, his decree will be null, as '^Ivcn fpirto mandala. 

 Mackenzie, Inll. 



ADVOCATIONE Decimarum, a writ which lies for 

 the cb.im of the fourth part, or upwards, of the titlies tliat 

 beloii'^ to any church. Rep-. Orig. 29. 



ADVOCATURA, /« //^W,V/t of the MMk and Bar- 

 larous Age, denotes an inferior kind of jurifdiCtion, excrcifed 

 by advocates within the dillricts of their refpective churches, 

 &c. The word is fometimes uled as fynonymous with 

 ADvocATiA. Du-Cange. 



ADVOWEE, in ylnc'u-nt Cttjloms, and I^a'-.u Booh, de- 

 notes tlie advocate of a church, religious houfe, or the like. 



The word is othervi'iie written avnvn; ai/iiouee, and 

 avoiuee; fometimes advouer ; being der:ved from avoiier, to 

 own, or at-hwifledge. 



There are advowees of cathedrals, abbeys, monalferies, 

 &c. Thus Cliarlemagne had the title of advowee of St. 

 Peter's, and he is faid to have been the firll on whom this 

 title of advowee was conferred by the pope, for having pro- 

 tefted Italy and the church againft the Lombards ; king 

 Hugh, of St. Riquicr ; and Bolandus mentions fome letters 

 of pope Nicholas, for which he conftituted king Edward 

 the Confeflbr, and his fuccefTors, advowees of the monalleiy 

 at Weftminller, and of all the churches in England. 



Thefe advowees were the guardians, proteftors, and ad- 

 miniftrators of the temporal concerns of the churches, &c. 

 and under their authority were pafled all coutrafts which 

 related to them. 



It appears alfo, from the mod ancient charters, that the 

 donations made to churches were confen'ed on the perfons 

 of the advowees. They always pleaded the caufes of the 

 churches in court, and diilributtd juftice for them, in the 

 places under their jurifdidtion. They alfo commanded the 

 forces furniihed by their monafterles, &c. for the v.'ar ; and 

 even were their champions, and fometimes maintained duels 

 for them. 



This office is faid to have been firft introduced in the 

 fourth century, in the time of StiUico; though the Bene- 

 diftines do not fix its origin before the eighth centur)-. 



By degrees, men of the firft rank were brought into it, 

 as it was found neceffar)', either to defend with arms, or to 

 protect with power and authority. In fome monaftcries tlicy 

 were only called Ct-n/er-va/ors ; but thele without the name 

 had all the funclions of advowees. The imperial advowee 

 was amagiilrate fonnerly cilabliihed by the emperors to ad- 

 minifter juftice, in their name, in the cities of the empire. 



There were alfo fometimes feveral fuh-advoiuces, or fub- 

 advocates, in each monailerj', who officiated inilead of the 

 advowees themfelves ; which, however, proved the ruin of 

 moisafteries ; thofe inferior otTicers running into great abufes. 



Hence alfo, hulhands, tutors, and eve:y perfon in gene- 

 ral, who took upon him the defence of another, were deno- 

 minated advowees, or advocates. Hence feveral cities had 

 their advowees ; which were eftablilhed long after the eccle- 

 fiaftical ones, and doubtlefs from their example. Thus, we 

 read in hiftoiy of the advowees of Auglburg, of Arras, &c. 



The viDAMEs atfumed the quality of advowees; and 

 hence it is, that feveral hillorians of the eighth cenluiy 

 confounded the tv;o fun<3ions together. 



Hence alfo it is, that feveral fteular lords in Germany 

 bear niiti'es for ttieir creils, as having anciently been ad- 

 vowees of the great churciies. 



A D V 



Kpclman didinguiflics two kinds of ecclefiaftical advowees. 

 — The one, of caufes, or procefTes, advocati caufarum ; the 

 other, of territoi-y, or lands, nd-Mcnti fuli. 



The former were nominated by t!ie king, and were ufu- 

 ally lawyers, who undertook to plead the caufes of the loo- 

 nafterles. 



The other, which Hill fubfift, and are fometimes called 

 by tlicir primitive name, advowees, though more ufually 

 PATRONS, were hereditary ; as being the founders and en- 

 dowers of churches, &e. or their heirs. 



Women were I'ometimcs advowees, advocaliff. And, in 

 efFett, the canon law mentions fome who had this title, and 

 who had the fame right of prefentations, &c. in their 

 churches, which the advowees themfelves had. 



In a flat. 25 I'.d. HI. we meet with advowee paramount, 

 forthchigheft patron ; that is, the king. 



There are alfo advowees of countries and provinces. 



In a charter of the year 1 1H7, Berthold duke of Zeringhen 

 is called advowee of Thuringia ; and in the Notitia of the 

 Belgic churches, publilhed by Mirx-us, the count of Lou- 

 vain is ftyled count and advowee of Brabant. In the nth 

 and 1 2th centuries we alfo meet with the advowees of Alfa- 

 tia, of Suabia, &c. 



ADVO\VING, or Avowing, Advocare, in Zaw, fee 

 Avowry. 



ADVOWSON. See Advocatia. 



Advowson, or Advouzen, in Common Law, fignifics 

 a right to prefent to a vacant benefice. 



Advowfon is fo called, becaufe the right of prcfenting t» 

 the church was firll gained by fuch as were founders, bene- 

 faiilors, or maintainers of the church, viz. ratkne funda- . 

 lionis, as where the anceftor was founder of the church ; or 

 ratione donathms, where he endowed the chinch ; or ratkne 

 fundi, as where he gave the foil whereupon the church wa' 

 built : and therefore they were called advoial'i. They were 

 alfo c-a\\iiA patron}, and thereupon the advowfon is called jits 

 patronatus ; and he who has the right of advowfon is called 

 the patron of the church. An advowfon is, ftriftly fpeak- 

 ing, an incorporeal hereditament : for it is not itfelf the bo- 

 dily poficflion of the church and its appendages, but a right 

 of giving to fome other perfon a title to fuch bodily poflcf- 

 fion. The patronage can only be conveyed by operation of 

 law, by verbal grant, either oral or written, which is a kind 

 of invifible, mental transfer; and being fo veiled it lies 

 dormant and unnoticed, till occafion call it forth : when it 

 produces a viilble, corporeal fruit, by entitling fome clerk, 

 whom the patron fliall pleafe to nominate, to enter and re- 

 ceive bodily poneffioii of the lands and tenements of the 

 church. 1 Inll. 119. Fleta, lib. v. cap. 14. 



Though the nomination of fit pevlons to officiate in every 

 dioeele was originally in the bidiop, yet they were content 

 to let the founders of churches have the nomination of the 

 perfons to the churches fo founded, referving to themfelves 

 a right to judge of the fitnefs of the' perfons fo nomi- 

 nated. Gibf. ii. ed. 756. 



Advowfons are of two kinds, i, ytdi'Otvfin in grofs, or 

 a right fubiifting in itfelf, belonging to a perfon, and not 

 adhering to any manor or lands as parcels thereof. 7.Ad- 

 •voivjon appendant, which depends on a manor, as appurte- 

 nant to it. This will pafs, or be conveyed, together with 

 the manor, as incident anj appendant thereto, by a grant 

 of the manor only, without adding any other words. 



Advowions formerly were moll of them appendant to 

 manors, and the patrons were pai ocbial barons : the lordfhip 

 of the manor, and patronage of the church, were feldom 

 in different hands, until advowfons were given to religious 



Loufee. 



