DONATIVE, in the canon law, a benefice given, and collated to a person, by the founder or patron; without either presentation, institution, or induction by the ordinary.
If chapels founded by laymen be not approved by the diocesan, and, as it is called, spiritualized, they are not accounted proper benefices, neither can they be conferred by the bishop but remain to the pious disposition of the founders; so that the founders, and their heirs, may give such chapels without the bishop.
Gwin observes, that the king might of ancient time found a free chapel, and exempt it from the jurisdiction of the diocesan; so may he, by letters patent, give liberty to a common person to found such a chapel, and make it donative, not presentable; and the chaplain, or beneficiary, shall be deprivable by the founder or his heir, and not by the bishop. And this seems to be the original of donatives in England.
Donatives are within the statute against simony; and if they have cure of souls, within that against pluralities. If the patron of a donative doth not nominate a clerk, there can be no lapse thereof, unless it be specially provided for in the foundation; but the bishop may compel him to do it by spiritual censures. But if it be augmented by Queen Anne's bounty, it will lapse like other presentative livings. 1 Geo. I. stat. 2. cap. 10. The ordinary cannot visit a donative, and therefore it is free from procurator, and the incumbent is exempted from attendance at visitations.
All bishoprics in ancient times were donative by the king. Again, where a bishop has the gift of a benefice, it is properly called a donative, because he cannot present to himself.