[Footnote 128: _Advocationibus._ “_Advocatio_,” says Sir Wm.
Blackstone, “signifies in _Clientelam recipere_, the taking into
protection, and therefore is synonymous with Patronage, _Patronatus_.”
(2 Comm. 21.) With this concurs Lord Coke—“_Advocatio_ signifying an
advowing, or taking into protection, is as much as _jus patronatûs_.”
Again “In Britton Cap. 92. The Patron is called _avow_, and the Patrons
_advocati_, for that they be either founders or maintainers, or
Benefactors of the church, either by building, donation, or increasing
of it, in which respect they were also called _patroni_, and the
advowson _jus patronatûs_.” His Lordship cites Bracton L. 4. fol. 240.
Fleta L. 5. c. 14. (see Co. Litt. 17. b. and 119. b. Cowell ad voc. and
Spelm. Gloss. ad voc.)]
[Footnote 129: _Personam_, a Parson. (Vide Co. Litt. 300. a. b. Bl.
Comm. 1. 383.) Cowell derives the word from the French _personne_.]
[Footnote 130: L. 13. C. 18. et seq.]
But, if the right of Advowson be the sole subject of dispute, then
the Demandant should subjoin to his claim, that he, or one of his
Ancestors, had the last Presentation of that Church; or, he should
concede, that his Adversary, or one of his Ancestors, had the last
Presentation; or, he should allege, that some third person had the last
Presentation; or, in fine, that he knows not who had it.
Whichever of these courses he pursues, if his Adversary claim the
last Presentation, as made in his own person, or in that of one of
his Ancestors, the Recognition shall in every instance proceed upon
the Right of Presentation, unless in one only of the foregoing cases,
namely, when the Demandant concedes to his Adversary, that he or one
of his Ancestors, enjoyed the last Presentation, for then, without
having recourse to a Recognition, he shall present one Person at least.
The last Presentation being decided by the Assise or by some other
legal mode, and a Parson being instituted into the Church upon the
Presentation of the successful party, then shall the person, who is
inclined to contend for the Right of Advowson, have the following Writ.
CHAP. II.
“The King to the Sheriff, Health. Command _N._ that, justly and without
delay, he relinquishes to _R._ the Advowson of the Church, in such a
Vill, which he claims to belong to him, and of which he complains that
he unjustly deforced him; and, unless he do so, summon him by good
Summoners, that he be on such a day before us, or our Justices, to shew
why he has failed; and have there the Summoners and this Writ &c.”
CHAP. III.
The Party[131] being summoned may avail himself of the same number of
Essoins, and that by the same means, as we have already detailed,
in treating concerning Pleas affecting Land. Supposing, then, that
after having cast three Essoins, he should neither appear nor send an
Attorney on the fourth day, it may be asked what the Law is?
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