Dear Sir,
There is no doubt but that you may legally sell the next Presentation to Fisherton,<1> provided that at the time of the sale a Vacancy has not [illegible deletion] actually occurred and it is equally clear that if the purchase of the next presentation he made with the intent to present a certain person and that certain person be presented then the person accepting the presentation would be guilty of Simony <2> within the meaning of the Statute – The sale however of the advowson <3> would be good even after the [illegible deletion] Vacancy, but the presentation upon that Vacancy would not pass by the Grant of the Advowson. You will of course notice the difference between the Advowson and the Presentation – the former may be sold at any time, the latter only when the Living is full; But if the Incumbent be considered to be in a dying state the purchase would not be safe if made with intent to present a particular [illegible deletion] Individual – You say the Curate’s <4> friend wishes to purchase the next presentation – & you speak of selling the [illegible deletion] Advowson – Of course the price for the one would be very different to that for the other – the former would be but for the next Term – the latter would be of the Advowson and Presentation in perpetuity. Now I see no objection whatever to you selling the advowson which will pass the next Presentation, provided the sale be completed before Dr Nicholas’s<5> death.– I am not aware of the value of the Living, & therefore can not put any Price upon it – but 10 years purchase would be a low price for the sale of the Advowson, & I would suggest your seeing the Curate’s friend about the fall
The Purchaser of the Advowson will doubtless take care to avoid Simony; if you bona fide sell the Advowson, before the Incumbent’s death, the Presentation will pass to the Purchaser who can do with the next turn as he pleases.
The sale and purchase of presentations are common enough; the Advowson is your property, and you may legally sell it if you can – I do not know any one likely to buy, and indeed have not sufficient [illegible deletion] particular to enable me to treat with any one but if you will send them I will do all I can to assist you. I hope the Dr will hold for a little longer to give you time to effect a sale of the Advowson
I am Dr Sir yours truly
W.R. King
Serjeants Inn Fleet Street
24 May 1836
W.H.F. Talbot Esqr
Lacock Abbey
Chippenham
Notes:
1. Fisherton Anger, Salisbury, Wiltshire. WHFT had inherited the advowson (the right to present a new Rector to St Clement's Church) from his father, Davenport Talbot, and held it until 1849. The new Rector would enjoy the income and assets of the living, including the Rector's house.St Clement's was demolished in 1852 and parts of it were incorporated into the new St Paul's Church.
2. The act of buying or selling ecclesiastical preferments, benefices or emoluments.
3. The right of presentation to a church benefice.
4. Henry George De Starck (1796–1865), clergy.
5. The Rev Dr John Nicholas (1764-1836), Rector of Fisherton Anger and Vicar of Westport, Wiltshire. who was to pass away 7 October 1836.