Jus Spolii
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Jus Spolii
The (also called or ), the Latin for right of spoil, was a claim of succession to the property of deceased clerics, at least such as they had derived from their ecclesiastical benefices. It was an outcome of ancient canons which forbade clerics to dispose by will of goods accruing from their ecclesiastical office. These canons were gradually relaxed because of the difficulty of distinguishing between ecclesiastical and patrimonial property. Abuses then arose: Churches were despoiled at the death of their incumbents; bishops and archdeacons seized for the cathedral the spoil of abbeys and other benefices, on the pretence that all other churches were but offshoots of the cathedral. After the fall of the Western Empire, anyone present at the death of a cleric felt at liberty to carry off whatever property of the deceased, ecclesiastical or otherwise, he could seize (''rapite capite'', seize and take). As the civil power became more conscious of itself it began to restrain this ind ...
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Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjuga ...
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Ecclesiastical Benefice
A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by the Western Church in the Carolingian Era as a benefit bestowed by the crown or church officials. A benefice specifically from a church is called a precaria (pl. ''precariae)'', such as a stipend, and one from a monarch or nobleman is usually called a fief. A benefice is distinct from an allod, in that an allod is property owned outright, not bestowed by a higher authority. Roman Catholic Church Roman imperial origins In ancient Rome a ''benefice'' was a gift of land (precaria) for life as a reward for services rendered, originally, to the state. The word comes from the Latin noun ''beneficium'', meaning "benefit". Carolingian Era In the 8th century, using their position as Mayor of the Palace, Charles Martel, Carloman I and Pepin II ...
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Canon Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the Engli ...
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Bishop
A bishop is an ordained clergy member who is entrusted with a position of authority and oversight in a religious institution. In Christianity, bishops are normally responsible for the governance of dioceses. The role or office of bishop is called episcopacy. Organizationally, several Christian denominations utilize ecclesiastical structures that call for the position of bishops, while other denominations have dispensed with this office, seeing it as a symbol of power. Bishops have also exercised political authority. Traditionally, bishops claim apostolic succession, a direct historical lineage dating back to the original Twelve Apostles or Saint Paul. The bishops are by doctrine understood as those who possess the full priesthood given by Jesus Christ, and therefore may ordain other clergy, including other bishops. A person ordained as a deacon, priest (i.e. presbyter), and then bishop is understood to hold the fullness of the ministerial priesthood, given responsibility b ...
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Archdeacon
An archdeacon is a senior clergy position in the Church of the East, Chaldean Catholic Church, Syriac Orthodox Church, Anglican Communion, St Thomas Christians, Eastern Orthodox churches and some other Christian denominations, above that of most clergy and below a bishop. In the High Middle Ages it was the most senior diocesan position below a bishop in the Catholic Church. An archdeacon is often responsible for administration within an archdeaconry, which is the principal subdivision of the diocese. The ''Oxford Dictionary of the Christian Church'' has defined an archdeacon as "A cleric having a defined administrative authority delegated to him by the bishop in the whole or part of the diocese.". The office has often been described metaphorically as that of ''oculus episcopi'', the "bishop's eye". Roman Catholic Church In the Latin Catholic Church, the post of archdeacon, originally an ordained deacon (rather than a priest), was once one of great importance as a senior o ...
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Abbey
An abbey is a type of monastery used by members of a religious order under the governance of an abbot or abbess. Abbeys provide a complex of buildings and land for religious activities, work, and housing of Christian monks and nuns. The concept of the abbey has developed over many centuries from the early monastic ways of religious men and women where they would live isolated from the lay community about them. Religious life in an abbey may be monastic. An abbey may be the home of an enclosed religious order or may be open to visitors. The layout of the church and associated buildings of an abbey often follows a set plan determined by the founding religious order. Abbeys are often self-sufficient while using any abundance of produce or skill to provide care to the poor and needy, refuge to the persecuted, or education to the young. Some abbeys offer accommodation to people who are seeking spiritual retreat. There are many famous abbeys across the Mediterranean Basin and Europe ...
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Western Roman Empire
The Western Roman Empire comprised the western provinces of the Roman Empire at any time during which they were administered by a separate independent Imperial court; in particular, this term is used in historiography to describe the period from 395 to 476, where there were separate coequal courts dividing the governance of the empire in the Western and the Eastern provinces, with a distinct imperial succession in the separate courts. The terms Western Roman Empire and Eastern Roman Empire were coined in modern times to describe political entities that were ''de facto'' independent; contemporary Romans did not consider the Empire to have been split into two empires but viewed it as a single polity governed by two imperial courts as an administrative expediency. The Western Roman Empire collapsed in 476, and the Western imperial court in Ravenna was formally dissolved by Justinian in 554. The Eastern imperial court survived until 1453. Though the Empire had seen periods with m ...
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Feudal Lord
An overlord in the Kingdom of England, English Feudalism in England, feudal system was a lord of the manor, lord of a manor who had Subinfeudation, subinfeudated a particular Manorialism, manor, Estate in land, estate or fief, fee, to a Leasehold estate, tenant. The tenant thenceforth owed to the overlord one of a variety of services, usually Knight-service, military service or serjeanty, depending on which form of Feudal land tenure in England, tenure (i.e. feudal tenancy contract) the estate was ''held'' under. The highest overlord of all, or paramount lord, was the monarch, who due to his ancestor William the Conqueror's personal conquest of the Kingdom of England, ''owned'' by inheritance from him all the land in England under allodial title and had no superior overlord, "holding from God and his sword", although certain monarchs, notably John, King of England, King John (1199–1216) purported to grant the Kingdom of England to Pope Innocent III, who would thus have become o ...
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Council Of Tribur
The first Christian Council of Tribur was held in Tribur (now Trebur, Germany) in May 895, and was presided over by Archbishop Hatto of Mainz. This was a provincial council, as opposed to an ecumenical council. The council made a number of declarations, the most important of which was the non-inheritance of church property by the relatives of clerics and penitential redemption. It also mentioned that it considered triple immersion in Baptism as an imitation of the three days of Jesus in the tomb, and the rising from the water as an imitation of the Resurrection of Jesus.''Holy people of the world: a cross-cultural encyclopedia, Volume 3'' by Phyllis G. Jestice 2004 pages 393-394 References Tribur Trebur is a municipality in Groß-Gerau district in Hessen, Germany. It is 13 km southeast of Mainz, and 8 km south of Rüsselsheim. Geography Location Trebur is located in the Frankfurt Rhein-Main Region. The cities of Mainz, Wiesbade ...
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Council Of Clermont
The Council of Clermont was a mixed synod of ecclesiastics and laymen of the Catholic Church, called by Pope Urban II and held from 17 to 27 November 1095 at Clermont, Auvergne, at the time part of the Duchy of Aquitaine. Pope Urban's speech on 27 November included the call to arms that would result in the First Crusade, and eventually the capture of Jerusalem and the establishment of the Kingdom of Jerusalem. In this, Urban reacted to the request by Byzantine emperor Alexius I Comnenus who had sent envoys to the Council of Piacenza requesting military assistance against the Seljuk Turks.Helen J. Nicholson, ''The Crusades'', (Greenwood Publishing, 2004), 6. Several accounts of the speech survive; of these, the one by Fulcher of Chartres, who was present at the council, is generally accepted as the most reliable. Urban also discussed Cluniac reforms of the Church, and also extended the excommunication of Philip I of France for his adulterous remarriage to Bertrade of Montf ...
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Second Council Of The Lateran
The Second Council of the Lateran was the tenth ecumenical council recognized by the Catholic Church. It was convened by Pope Innocent II in April 1139 and attended by close to a thousand clerics. Its immediate task was to neutralise the after-effects of the schism which had arisen after the death of Pope Honorius II in 1130 and the papal election that year that established Pietro Pierleoni as the antipope Anacletus II. Tenth Ecumenical Council After the death of Honorius II, Petrus Leonis, under the name of Anacletus II, was elected as Pope by a majority of the cardinals and with the support of the people of Rome on the same day as a minority elected Innocent II. In 1135, Innocent II held a council at Pisa, which confirmed his authority and condemned Anacletus. Anacletus's death in 1138 helped largely to solve the tension between rival factions. Nevertheless, Innocent decided to call the Tenth Ecumenical Council. The Council assembled at the Lateran Palace and nearly a thousand ...
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Intestate
Intestacy is the condition of the estate of a person who dies without having in force a valid will or other binding declaration. Alternatively this may also apply where a will or declaration has been made, but only applies to part of the estate; the remaining estate forms the "intestate estate". Intestacy law, also referred to as the law of descent and distribution, refers to the body of law (statutory and case law) that determines who is entitled to the property from the estate under the rules of inheritance. History and the common law Intestacy has a limited application in those jurisdictions that follow civil law or Roman law because the concept of a will is itself less important; the doctrine of forced heirship automatically gives a deceased person's next-of-kin title to a large part (forced estate) of the estate's property by operation of law, beyond the power of the deceased person to defeat or exceed by testamentary gift. A forced share (or legitime) can often only be d ...
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