law was in contradiction to the canons, till about the year one thousand two hundred, when the extraordinary power of the popes, during the reigns of Henry the Second, Richard the First, and King John, and particularly of Pope Innocent the Third, who laid this kingdom under an interdict, gave the canon law an efficacy which before had been only recognized in the obedience of clerical patrons or persons who wished to conciliate the favour of the church. Before that period, succession in benefices was permitted by the secular law, which was clearly incompatible with the law of institution. And vestiges still remain in the forms of writs of the challenged right of the laity to appoint without presentment to the bishop, which, however, both common persons and the king have ceased to do from about the year one thousand two hundred, or the reign of King John. But an hereditary right of presentation appears always to have been acknowledged by the canons, and in fact exercised since the first instances of lay endowments. (1) (1) Seld. Hist. Tithes, ch. 6. | Hist. Eng. ch. 11. Hollingsh. ch. 9. ch. 12. Ken. Par. Ant. Chron. lib. 2. ch. 1. ch. 2. 78. 586. Bedes' Eccl. Hist. 1 Inst. 119. b. 3 Inst. 201, lib. 1. ch. 26. lib. 5. ch. 4. 202. Ayl. Par. Jur. Can. Ang. Fleta, lib. 5. ch. 14. Lind. de 13. 404. 410. Stillingfleet's Jure Patron. lib. 3. tit. 21. Cases, 124. 126. 129. 238. Bract. lib. 2. 53. Gibs. Cod. State of the Clergy from the tit. 9. ch. 1. 13. tit. 30. ch.13, Conversion of the Saxons, by 14. 2 Bl. Com. 21. Hume's Dr. Wake. Fuller's Church Spiritual also built churches. Spiritual corporations also, such as bishops, corporations deans, and chapters, abbots, priors, and prioresses, frequently built churches and endowed them, and such donors or founders considered themselves entitled to the advowson of the churches which they had so founded. (') Of the pa tron. The person in whom the right of presentation to an advowson vested, was called patronus or advocatus, the patron or person who was bound to defend and protect the rights of the church, from whence the inheritance took the name of advocation, or advowson. (2) The greater churches and monasteries had their proper advocates appointed them by the king; in the old charters several such advocates are named, and it appears to have been an honorary title with which great men were pleased at that time. (3) (1) Seld. on Tithes, ch. 6. 117. (2) Bract. lib. 2. 53. lib. 4. Fleta. lib. 5. ch. 14. Spelm. Glos. 20. 1 Inst. 119. b.、 Hist. of Brit. Degge's Par. (3) Still. Eccl. Cases, 240. SECTION I. On presentative Advowsons appendant. In the foundations of churches by laymen, ac- In the foundcording to the manner described, the land and ations of churches, right of ad endowment were supposed to be parcel of the manor, the church itself having been built by the vowson passed with the lord for the use of the tenants and inhabitants of demesnes of the manor; whence it was thought but reasonable a manor. that the right of advowson should pass with the demesnes of the manor to which it was therefore said to be appendant. (1) an advowson An advowson appendant may be defined to be Definition of a right of patronage appertaining to some corpo- appendant. real hereditament. patronage purtenances. This right of patronage, continuing annexed The right of to the possession of some corporeal inheritance, passes under is called an advowson appendant, and the right the word apof the advowson passes with it, such as with a manor, or rather the demesnes of a manor, which are of perpetual subsistence, and not to the rents or services, under the words appurtenances, cum pertinentiis, or even without those words, as a matter of course, without any specific conveyance. The advowson in such a case, from this and other circumstances, (1) 1 Inst. 122. a. 1 Rol. Plowd. R. 170. Dod. on Abr. 230. Hill v. Grange, Adv. Lect. 7. 35. 41. Except in the case of the King. Advowsons might have been ap pendant to earldoms has been considered by some as parcel of the manor, though it is more truly said to be incident, appurtenant, or appendant to it (1), and all things appendant to a manor pass by livery without deed and without saying cum pertinentiis (2), except in the case of the king, as will be hereafter shewn, and actual seisin of a manor will give also actual seisin of the advowson to which it is appendant or appurtenant. (3) Hence it appears that advowsons appendant in their original state would have been appendant to earldoms, honors, manors and similar and honors. possessions, the lords of which might have been induced to build churches for the use of themselves and their tenantry. The nature of the sub An advowson being an incorporeal hereditaject to which ment, incapable of delivery or personal transfer, an advowson can only be appendant to a thing corporate (*), such as a castle, house, parsonage, church, or to the demesnes of a manor, but not as has been stated to the rents or services which are subject may be appendant. () 1 Inst. 122. a. Com. | bridge v. Walgrave, Hob. R. Dig. tit. Adv. B. Dod. on 126. (4) 1 Inst. 121. Tyrringham's Case, 4 Rep. 37. 1 Rol. Abr. 230. Potter and Sir H. North, 1 Vent. R. 386. Hill v. Grange, Plowd. R. 170. to extinguishment and destruction, nor indeed to another advowson (1). So an advowson may be appendant to a capital messuage and demesne land reputed to be a manor, or to a certain number of acres, or one acre of land. (2) In like manner a church in one county may be appendant to a manor in another, or the advowson of a vicarage may be (and is of common right) appendant to a rectory (3), or to a manor by prescription, and it shall be intended it was granted by the parson before the time of memory. (4) Advowsons may also be appendant for a part, or for a turn; two advowsons may be appendant to one manor, or one advowson to two manors, and several advowsons may be appendant to the same manor, though the manor extends into several parishes. (5) · vowsons ori According to the view which has been taken How preof presentative appendant advowsons, they have sentative adbeen supposed permanently annexed to manors ginally apand such inheritances out of which they were pendant to originally endowed, but those advowsons which came ap (1) 1 Inst. 122. a. Dyer, R. 48. b. 70. b. 1 Rol. Abr. 230. (2) Com. Dig. tit. Adv. B. (3) Dyers. R. 350. Rol. Com. Dig. tit. Abr. 230. Adv. B. ch. 13. 195. The Grocers' (5) Dod. on Adv. 27. (4) Degges. P. C. Part. 1. Adv. A. manors, be |