Advowzen, in common law, signifies a right to present to a vacant benefice. Advowson is so called, because the right of presenting to the church was first gained by such as were founders, benefactors, or maintainers of the church.
Though the nomination of fit persons to officiate in every diocese was originally in the bishop, yet they were content to let the founders of churches have the nomination of the persons to the churches founded, referring to themselves a right to judge of the fitness of the persons so nominated.
Advowsons formerly were most of them appendant to manors, and the patrons were parochial barons; the lordship of the manor and patronage of the church were seldom in different hands, until advowsons were given to religious houses. But of late times the lordship of the manor and advowson of the church have been divided.
Advowsons are presentative, collative, or donative: presentative, where the patron presents or offers his clerk to the bishop of the diocese, to be instituted in his church; collative, where the benefice is given by the bishop, as original patron thereof, or by means of a right he has acquired by lapse; donative, as where the king or other patron does, by a single donation in writing, put the clerk into possession, without presentation, institution, or induction.
Sometimes, anciently, the patron had the sole nomination of the prelate, abbot, or prior; either by investiture (i.e. delivery of a pastoral staff), or by direct presentation to the diocesan; and if a free election was left to the religious, yet a conge d'élection, or licence of election, was first to be obtained of the patron, and the person elected was confirmed by him. If the founder's family became extinct, the patronage of the convent went to the lord of the manor. Unless the several colleges in the universities be restrained in the number of advowsons they may receive, it is argued they will in time acquire such a stock as to frustrate the design of their foundation (which is the education of youth, by creating too quick a succession of fellows). ADZ
lows; so that there will not be in the colleges a sufficient number of persons of competent age, knowledge, and experience, to instruct and form the minds of the youth.—In some colleges the number of advowsons is said to be already two thirds, or more, of the number of fellows.—It is objected, on the other side, that the succession of fellows may be too slow as well as too quick; whereby persons well qualified may be detained too long in colleges as not to have strength or activity enough left for the discharge of parochial functions.
Colleges holding more advowsons in number than a moiety of the fellows, are not capable of purchasing more. Grants of advowsons by papists are void. Geo. II. c. 36. § 5. Geo. II. c. 17. § 5.
Advowsons are temporal inheritances and lay fees; they may be granted by deed or will, and are affects in the hands of heirs or executors. Presentations to advowsons for money, or other reward, are void. Eliz. cap. 6.
In Scotland, this right is called patronage. See PATRONAGE.