Avoidance
Avoidance in the Church of England, takes place where a benefice becomes void of an incumbent. This happens either by the death of the incumbent, or by his being appointed to a preferment of such a kind as necessarily makes the living vacant; as when a clergyman is made a bishop all the preferments he holds fall to the crown, who is the patron for that time, unless there be some special dispensation; or, finally, by cession, deprivation, or resignation. In the first-named instance, which is avoidance by fact, the patron must take notice of the avoidance at his peril; in the last case, which is avoidance by law, the ordinary must give notice to the patron to prevent a lapse.
