Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/34

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22
The Rights
Book II.

dily transfer, nor can corporal poſſeſſion be had of it. If the patron takes corporal poſſeſſion of the church, the church-yard, the glebe or the like, he intrudes on another man's property; for to theſe the parſon has an excluſive right. The patronage can therefore be only conveyed by operation of law, by verbal grant, either oral or written, which is a kind of inviſible, mental transfer: and being ſo veſted, it lies dormant and unnoticed, till occaſion calls it forth; when it produces a viſible, corporeal fruit, by intitling ſome clerk, whom, the patron ſhall pleaſe to nominate, to enter and receive bodily poſſeſſion of the lands and tenements of the church.

Advowsons are either advowſons appendant, or advowſons in groſs. Lords of manors being originally the only founders, and of courſe the only patrons, of churches[1], the right of patronage or preſentation, ſo long as it continues annexed to the poſſeſſion of the manor, as ſome have done from the foundation of the church to this day, is called an advowſon appendant[2]: and it will paſs, or be conveyed, together with the manor, as incident and appendant thereto, by a grant of the manor only, without adding any other words[3]. But where the property of the advowſon has been once ſeparated from the property of the manor, by legal conveyance, it is called an advowſon in groſs, or at large, and never can be appendant any more; but is for the future annexed to the perſon of it's owner, and not to his manor or lands[4].

Advowsons are alſo either preſentative, collative, or donative[5]. An advowſon preſentative is where the patron hath a right of preſentation to the biſhop or ordinary, and moreover to demand of him to inſtitute his clerk, if he find him canonically qualified: and this is the moſt uſual advowſon. An advowſon collative is where the biſhop and patron are one and the ſame perſon: in which caſe the biſhop cannot preſent to himſelf; but

  1. Co. Litt. 119.
  2. Ibid. 121.
  3. Ibid. 307.
  4. Ibid. 120.
  5. Ibid.
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