ADVOCATION in the Law of Scotland, is the name of a process by which an action may be carried from an inferior to a superior court before final judgment in the former. Advocations are regulated by the 1 & 2 Vict. c. 86. ADVOWSON is the right of presenting a fit person to the bishop, to be by him instituted to a certain benefice within the diocese, which has become vacant. The person enjoying this right is called the patron (patronus, advocatus) of the church, and the right is termed, in law Latin, an advowson (advocatio), because the patron is bound to advocate or protect the rights of the church, and of the incumbent whom he has presented. [ADVOCATE.] As this patronage may be the property of laymen, and is subject to alienation, transmission, and most of the changes incidental to other kinds of property, it would be liable to be misused by the intrusion of improper persons into the church, if the law had not provided a check upon abuse by giving to the bishop a power of rejecting the individual presented, for just cause. The ground of his rejection is, however, not purely discretionary, but is examinable at the instance either of the clergyman presented or of the patron, by process in the ecclesiastical and temporal courts. According to the best authorities, the appointment of the religious instructors of the people within any diocese formerly belonged to the bishop: but when the lord of a manor, or other considerable landowner, was willing to erect a church, and to set apart a sufficient portion of land or tithe for a perpetual endowment, it was the practice for the founder and his heirs to have the right of nominating a person in holy orders to be the officiating minister, as often as a vacancy should occur, while the right of judging of the spiritual and canonical qualification of the nominee was reserved, as before, to the bishop. Thus the patron is properly the founder of a church or other ecclesiastical establishment: he who built the church, gave the ground for it, and endowed it with lands. (Du Cange, Gloss., Advocatus, Patronus.) This seems to be the most satisfactory account of the origin of advowsons and benefices, and it corresponds with many historical records still extant, of which examples may be seen in Selden's History of Tithes. It also explains some circumstances of frequent occurrence in the division of parishes, which might otherwise appear anomalous or unaccountable. Thus the existence of detached portions of parishes, and of extra-parochial precincts, and the variable extent and capricious boundaries of parishes in general, all indicate that they owe their origin rather to accidental and private dotation than to any regular legislative scheme for the ecclesiastical subdivision of the country. Hence, too, it is frequently observable that the boundaries of a parish either coincide with, or have a manifest relation to, manorial limits. The same connexion may, perhaps, have suggested itself to those who have had opportunities of noticing the numerous instances in different parts of England, in which the parochial place of worship is closely contiguous to the ancient mansion of its founder and patron, and within the immediate enclosure of his demesne. As an illustration of the respect inculcated in early ages to the patron of a church, we find that the canons of the church permitted him alone to occupy a seat within the chancel or choir, at a time when that part of the building was partitioned off from the nave, and reserved for the exclusive use of the clergy. (Kennett's Paroch. Antiq. Glossary, tit. "Patronus.") An advowson which has been immemorially annexed to a manor or to other land, is called an advowson appendant, and is transmissible by any conveyance which is sufficient to pass the property in the manor or land itself. It may, however, be detached from the manor, and is then termed an advowson in gross, after which it can never be re-annexed so as to become appendant again. In An advowson is in the nature of a temporal property and a spiritual trust. the former view, it is a subject of lawful transfer by sale, by will, or otherwise, and is available to creditors in satisfaction of the debts of the patron. It may be aliened for ever, or for life, or for a certain term of years; or the owner may grant one, two, or any number of successive rights of presentation on future vacancies, subject always to certain restrictions imposed by the law, for the prevention of corrupt and simoniacal transactions. On the other hand, the spiritual trust which is attached to this species of property is guarded and enforced by very jealous provisions. The appointment of a duly qualified incumbent is secured, as far as the law can secure it, by requiring the sanction of the bishop to his admission; and although this sanction is, in act, very rarely withheld, yet it cannot e doubted that the existence of such a heck is essential to the well-being of the *hurch. In order more effectually to uard against the danger of a corrupt resentation, the immediate right to present is absolutely inalienable, as soon as a vacancy has actually occurred; and on a similar principle, a purchase of it during the mortal sickness of the incumbent is equally prohibited. When the proprietor of an advowson exercises his patronage, three persons are immediately concerned: the proprietor, the clergyman who is presented, and the bishop in whose diocese the living is situate; or (in the language of lawyers) the patron, the clerk, and the ordinary. The presentation is usually a writing addressed to the bishop, alleging that the party presenting is the patron of a church which has become vacant, and requesting the bishop to admit, institute, and induct a certain individual into that church, with all its rights and appurtenances. A period of time, limited to twenty-eight days, is then allowed to the bishop for examining the qualification and competency of the candidate, and at the expiration of that time he is admitted and instituted to the benefice by formal words of institution read to him by the bishop, from an instrument to which the episcopal seal is appended. A mandate is then issued to the archdeacon or other officer to induct, i.e. to put the new incumbent into the actual possession of the church and its appurtenant rights; and then, and not before, his title as legal parson becomes complete. It sometimes happens that two of the three characters of patron, clerk, and bishop (or ordinary), are united in one person. Thus the bishop may himself be the patron; in which case presentation is superfluous, and institution alone is necessary. The bishop is then technically said to collate the clergyman to the benefice, and the advowson under these cir cumstances is said to be collative. So the clerk may be the patron, in which case, though he cannot regularly present himself, yet he may pray to be admitted by the bishop; or he may transfer to another the right of presentation before the particular vacancy occurs, and then procure himself to be presented. Another instance in which the patronage and the parsonage are often found united is in appropriations, where, by the concurrence of all parties interested, the advowson, together with the church, its revenues and appurtenances, have in former times been conveyed to some ecclesiastical body, who thus became both the patrons and perpetual incumbents of the living, and by whom the immediate duties of cure are devolved on a vicar or a stipendiary curate. There are instances of advowsons the patrons of which have power to appoint an incumbent without any previous resort to the bishop for his aid or approbation. These are called donative advowsons, because the patron exercises a direct and unqualified privilege of giving his church to a clerk selected by himself. The only check upon the conduct of the incumbent in such cases is the power of the patron to visit, and even to deprive him, when the occasion demands it; and the right still residing in the bishop to proceed against him in the spiritual court for any ecclesiastical misdemeanour. It is the opinion of the most eminent lawyers that donatives had their origin in the king, who has authority to found any church or chapel exempt from the episcopal jurisdiction, and may also, by special licence, enable a subject to do the same. Sometimes the nomination is distinct from the right to present: thus, the owner of an advowson may grant to another the right to nominate a clergyman, whom the grantor and his heirs snall be thereupon bound to present. Here it is obvious that the person to whom the right of nomination is given is substantially the patron, and the person who presents is merely the instrument of his will. So, where an advowson is under mortgage, the mortgage-creditor is bound to present any person who shall be nominated by the mortgagor. If, upon the vacancy of a living, no successor, or an insufficient one, shall be presented, it is put under sequestration by the bishop, whose care it then becomes to provide for the spiritual wants of the parish by a temporary appointment, and to secure the profits of the benefice, after deducting expenses, until another incumbent shall be duly inducted. After a vacancy of six months, occasioned by the default of the patron, the right to present lapses to the bishop himself. On a similar default by him, it devolves to the archbishop, and from him again to the king as paramount patron; the period of six calendar months is allowed to pass in each case before the right is forfeited to the superior. A donative advowson, however, is excepted from the general rule; for there the right never lapses by reason of a continued vacancy, but the patron is compellable to fill it up by the censures of the Ecclesiastical Court. When the incumbent of a living is promoted to a bishopric, it is thereby vacated, and the king, in virtue of his prerogative, has a right to present to it in lieu of the proprietor of the advowson. This singular claim on the part of the crown appears to have grown up since the Reformation, and was the subject of complaint and discussion down to as late a period as the reign of William and Mary. It is difficult to reconcile it to any rational principle, although it has been urged by way of apology, that the patron has no ground to complain, because the king might, if he pleased, enable the bishop to retain the benefice, notwithstanding his promotion, by the grant of a commendam: so that the patron sustains no other injury than what may result from the substitution of one life for another. It is, however, certain that, by successive promotions, the crown anay, in fact, deprive the patron of his | right for an indefinite time, and an instance is known to have actually occurred wherein the patron of the parish of St. Andrew in London was prevented, by several such exertions of the royal prerogative, from presenting to his own living more than once in 100 years. (See the arguments in the case of the Vicarage of St. Martin's, reported by Sir B. Shower, vol. i. p. 468.) It was truly observed by the counsel in that case, that the safest course to be adopted by an unconscientious patron, with a view to retain in his own hands the future enjoyment of his right, would be to present a clergyman whose qualities are not likely to recommend him to higher preferment. The following cases may be selected as best illustrating the peculiar nature of this sort of property. If a man marries a female patron, and a vacancy happens, he may present in the name of himself and wife. Joint tenants and tenants in common of an advowson must agree in presenting the same person; and the bishop is not bound to admit on the separate presentation of any one. Co-heiresses may also join in presenting a clergyman; and if they cannot agree in their choice, then they shall present in turn, and the eldest shall have the first turn. When the patron dies during a vacancy, the right to present devolves to his executors, and not to his heir: but where the patron happens also to be the incumbent, his heir, and not his executor, is entitled to present. Where the patron is a lunatic, the lord chancellor presents in his stead; and he usually exercises his right in favour of some member of the lunatic's family, where it can with propriety be done. An infant of the tenderest age may present to a living in his patronage, and his hand may be guided in signing the requisite instrument. In such a case the guardian or other person who dictates the choice or directs the pen is the real patron; but the Court of Chancery would doubtless interfere to prevent any undue practice. (Burn's Eccles. Law, tit. Advowson, Benefice, Donative; Selden's History of Tithes; Gibson's Coder, vol. ii.; and BENEFICE, under which head there is a table of the value of livings, | eight-tenths years' purchase. And as we and the distribution of ecclesiastical patronage.) are giving the highest possible value of the advowson, omitting no circumstance which can increase it, we will suppose the next incumbent to come into a year's profits of the living immediately on his taking possession. The rule is this:-Take four per cent. of the value of the present gives 564; subtract this from 1, which gives 436; divide by 1 increased by the rate per cent., or 1.04, which gives '419; add one year's purchase to the presumed value of the next incumbent's life (17.8), which gives 18-8, multiply this by the last result, 419, which gives 18.8 × 419, or 7·88 nearly the number of years' purchase which the next presentation is now worth-which, if the living be 1000l. a year, is 78801 ADVOWSONS, VALUE OF.-The following plain rules for estimating the value of advowsons may be of use. The bargains which are usually made with respect to advowsons are, either for the advowson itself, i.e. the right of pre-incumbent's life, or 141x04, which sentation for ever, or for the right of presenting the next incumbent, i.e. the next presentation. In both these cases there may be circumstances peculiar to the living itself, which fall under no general rule, but which must be considered and allowed for in valuing the advowson as a property. For example, a curate may be necessary; the parsonage-house may be in a state which will entail expenses on the next incumbent; and so on. Again, the property itself is For the Carlisle Table of Annuities, of a nature more likely to be altered in see Milne On Annuities, vol. ii. p. 595. value by the act of the legislature than For the Government Tables, see Mr. Finthe fee-simple of an estate. The follow-laison's Report to the House of Commons, ing rules, therefore, give the very highest value of the advowson, and any purchaser should think twice before he gives as much as is found by them. ordered to be printed 31 March, 1829, page 58, column 6. ETOLIAN CONFEDERATION. Ætolia, according to the ancient geoTo find the value of the perpetual ad- graphers, consisted of two chief divivowson of a living producing 1000l. a sions, one on the coast, extending from year, the present incumbent being forty- the mouth of the Achelous eastwards five years of age, and money making four along the north shore of the Corinthian per cent., we must first find how many gulf as far as its narrow entrance at years' purchase the incumbent's life is Antirrhium-the other, called Epikteworth, and here we should recommend tos, or the acquired, was the northern the use of the government or Carlisle and mountainous part. The length of tables, in preference to any other. Taking sea-coast, as Strabo incorrectly gives it, the latter, we find the annuity on a life of from the mouth of the Achelous to forty-five, at four per cent., to be worth Antirrhium, is 210 stadia, or about 21 fourteen and one-tenth years' purchase; miles: the same line of coast, according but at four per cent. any sum to be con- to the best modern charts, is about 42 tinued annually for ever is worth twenty-miles, measuring in straight lines from five years' purchase. The difference is ten and nine-tenths years' purchase, or, for 1000l. a year, 10,900l., which is the value of the advowson. In finding the value of the next presentation only, other things remaining the same, the seller will presume that the buyer means to make the best of his bargain by putting in the youngest life that the laws will allow, that is, one aged twenty-four. The value of an annuity en such a life at four per cent., according to the Carlisle tables, is seventeen and one projecting point to another. If the great recesses of the sea about Anatolico and Mesolunghi were included, the distance would be much greater. The southeastern boundary of Etolia, which separated the province from that of the Locri Ozole, was a mountain range named Chalicis, afterwards, in its north-eastern course, taking the name of Corax. The north and extreme north-eastern boundaries of Ætolia were the small territory of Doris, the branches of Pindus, and part of the western line of Eta; but a B The earliest traditions of Ætolia, properly known by that name, speak of a monarchical form of government under Etolus and his successors; but this form of government ceased at a period earlier than any to which historical notices extend, and we find the Etolians existing in a kind of democracy, at least during the time of their greatest political importance. This period extended from about B.C. 224, to their complete conquest by the Romans, B.C. 168, a period of about 50 years. The Etolian league at one time comprehended the whole country of Etolia, part of Acarnania and of South Thessaly, with the Cephallenian isles; and it had besides, close alliances with other places in the Peloponnesus, especially Elis, and even with towns on the Hellespont, and in Asia Minor. This alliance with Elis would tend to confirm the tradition of the early connexion already alluded to. Following, probably, the example of the Achæan league, the different parts of Ætolia formed a federal union, and annually chose a general or president, a master of the horse, a kind of special council called Apokletoi (the select), and a secretary, in the national congress held at Thermum about the autumnal equinox. Such scattered notices as we possess about their history and constitutional forms are found principally in the Greek writer Polybius (books ii. iv. xvii., &c.). Though the Ætolian confederation, such as it was in its earlier times, was anterior to the Achæan union of Dyme, Patræ, &c., yet its more complete organization was most probably an imitation of the Achæan league. A minute account of this confederation would be little more than conjecture. no ancient geographer has given anything | is now comprised within the rew kinglike a definite boundary to Ætolia, and dom of Greece. as we are still only imperfectly acquainted with the mountains of northern Greece, any further description is impossible. The western boundary was the Achelous. The history of the Etolians, as a nation, is closely connected with that of the Acarnanians, but, like the Acarnanians, they were a people of little importance during the most flourishing periods of the commonwealths of European Greece. After the death of Alexander the Great, B.C. 323, they came into notice by their contests with the Macedonian princes, who allied themselves with the Acarnanians. In the reign of Philip V. of Macedon (which commenced B.C. 220), the Ætolians, after seeing their chief town, Thermum, plundered by this king, and feeling themselves aggrieved by the loss of all they had seized from the Acarnanians, applied to the consul Valerius Lævinus (B.c. 210). Though this produced no beneficial effects, they formed a second treaty with the Romans (about B.C. 198) after the end of the second Punic war. The immediate object of the Romans was the conquest of Macedonia, but it proved eventually that this fatal alliance of the Etolians was the first step that led to the complete subjugation of all Greece by the Romans. A series of sufferings and degradations led the way to the occupation of Ætolia, which was made part of the Roman province of Achæa. Under Roman dominion, the few towns of Ætolia almost disappeared: many of the inhabitants were transplanted to people the city of Nicopolis, which Augustus built at the entrance of the Ambracian gulf, opposite Actium, where he had defeated Antony (B.c. 30). Since the time of the Romans it is probable that the face of this country has undergone as (Schlosser, Universalhistorische Uefew alterations, or received as few im-bersicht, &c., vol. ii. p. 1.; Hermann, provements from the hand of man, as the Lehrbuch, &c.; the article Achäischer most remote parts of the globe. The Bund, in the Staats-Lexicon of Rotteck Romans themselves under the emperors and Welcker, contains all the necessary had not even a road through Acarna- references.) nia and Ætolia, but followed the coast from Nicopolis to the mouth of the Achelous. AFFINITY (from the Latin adfinitas) means a relationship by marriage. The husband and wife being legally considered as one person, those who are related to the one by blood are related to the other in |