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Collation (religion)
In English ecclesiastical law, the term incumbent refers to the holder of a Church of England parochial charge or benefice. The term "benefice" originally denoted a grant of land for life in return for services. In church law, the duties were spiritual ("spiritualities") and some form of assets to generate revenue (the "temporalities") were permanently linked to the duties to ensure the support of the office holder. Historically, once in possession of the benefice, the holder had lifelong tenure unless he failed to provide the required minimum of spiritual services or committed a moral offence. With the passing of the "Pastoral Measure 1968" and subsequent legislation, this no longer applies, and many ancient benefices have been joined into a single new one. At one time, an incumbent might choose to enjoy the income of the benefice and appoint an assistant curate to discharge all the spiritual duties of the office at a lesser salary. This was a breach of the canons of 1604, but ...
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Ecclesiastical 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 English ...
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Advowson
Advowson () or patronage is the right in English law of a patron (avowee) to present to the diocesan bishop (or in some cases the ordinary if not the same person) a nominee for appointment to a vacant ecclesiastical benefice or church living, a process known as ''presentation'' (''jus praesentandi'', Latin: "the right of presenting"). The word derives, via French, from the Latin ''advocare'', from ''vocare'' "to call" plus ''ad'', "to, towards", thus a "summoning". It is the right to nominate a person to be parish priest (subject to episcopal – that is, one bishop's – approval), and each such right in each parish was mainly first held by the lord of the principal manor. Many small parishes only had one manor of the same name. Origin The creation of an advowson was a secondary development arising from the process of creating parishes across England in the 11th and 12th centuries, with their associated parish churches. A major impetus to this development was the legal exac ...
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Religious Law Legal Terminology
Religion is usually defined as a social-cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, transcendental, and spiritual elements; however, there is no scholarly consensus over what precisely constitutes a religion. Different religions may or may not contain various elements ranging from the divine, sacred things, faith,Tillich, P. (1957) ''Dynamics of faith''. Harper Perennial; (p. 1). a supernatural being or supernatural beings or "some sort of ultimacy and transcendence that will provide norms and power for the rest of life". Religious practices may include rituals, sermons, commemoration or veneration (of deities or saints), sacrifices, festivals, feasts, trances, initiations, funerary services, matrimonial services, meditation, prayer, music, art, dance, public service, or other aspects of human culture. Religions ha ...
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Anglican Ecclesiastical Offices
Anglicanism is a Western Christian tradition that has developed from the practices, liturgy, and identity of the Church of England following the English Reformation, in the context of the Protestant Reformation in Europe. It is one of the largest branches of Christianity, with around 110 million adherents worldwide . Adherents of Anglicanism are called ''Anglicans''; they are also called ''Episcopalians'' in some countries. The majority of Anglicans are members of national or regional ecclesiastical provinces of the international Anglican Communion, which forms the third-largest Christian communion in the world, after the Roman Catholic Church and the Eastern Orthodox Church. These provinces are in full communion with the See of Canterbury and thus with the Archbishop of Canterbury, whom the communion refers to as its ''primus inter pares'' (Latin, 'first among equals'). The Archbishop calls the decennial Lambeth Conference, chairs the meeting of primates, and is the presid ...
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Glebe
Glebe (; also known as church furlong, rectory manor or parson's close(s))McGurk 1970, p. 17 is an area of land within an ecclesiastical parish used to support a parish priest. The land may be owned by the church, or its profits may be reserved to the church. Medieval origins In the Roman Catholic, Anglican and Presbyterian traditions, a glebe is land belonging to a benefice and so by default to its incumbent. In other words, "glebe is land (in addition to or including the parsonage house/rectory and grounds) which was assigned to support the priest".Coredon 2007, p. 140 The word ''glebe'' itself comes from Middle English, from the Old French (originally from la, gleba or , "clod, land, soil"). Glebe land can include strips in the open-field system or portions grouped together into a compact plot of land. In early times, tithes provided the main means of support for the parish clergy, but glebe land was either granted by any lord of the manor of the church's parish (sometime ...
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Corporation Sole
A corporation sole is a legal entity consisting of a single ("sole") incorporated office, occupied by a single ("sole") natural person.Technical Manual
Insolvencydirect.bis.gov.uk
This structure allows corporations (often s or Commonwealth governments) to pass without interruption from one officeholder to the next, giving positions legal continuity with subsequent officeholders having identical powers and possessions to their predecessors. A corporation sole is one of two ty ...
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Livery Of Seisin
Livery of seisin () is an archaic legal conveyancing ceremony, formerly practised in feudal England and in other countries following English common law, used to convey holdings in property. The term ''livery'' is closely related to if not synonymous with ''delivery'' used in some jurisdictions in contract law or the related law of deeds. The oldest forms of common law provided that a valid conveyance of a feudal tenure in land required physical transfer by the transferor to the transferee in the presence of witnesses of a piece of the ground itself, in the literal sense of a hand-to-hand passing of an amount of soil, a twig, key to a building on that land, or other token. Varieties Livery of seisin could refer to either: * ''Livery in deed'', whereby the parties met together on the land and the transferor symbolically delivered possession of the land by handing over a twig or a clump of earth to the recipient. * ''Livery in law'', whereby the parties went within sight of the lan ...
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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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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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Gorham Controversy
George Cornelius Gorham (1787–1857) was a vicar in the Church of England. His legal recourse to being denied a certain post, subsequently taken to a secular court, caused great controversy. Early life George Cornelius Gorham was born on 21 August 1787 in St Neots, Huntingdonshire, to Mary (née Greame) and George James Gorham. He entered Queens' College, Cambridge, in 1805, graduating with a Bachelor of Arts degree as third wrangler and Smith's prizeman in 1809. He was ordained as a deacon on 10 March 1811, despite the misgivings of the Bishop of Ely, Thomas Dampier, who found Gorham's views at odds with Anglican doctrine. Gorham's views on baptism had caused comment, particularly his contention that by baptism infants do not become members of Christ and the children of God. After being ordained as a priest on 23 February 1812 and serving as a curate in several parishes, he was instituted as vicar of St Just in Penwith by Henry Phillpotts, Bishop of Exeter, in 1846. Controve ...
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Impropriation
Impropriation, a term from English ecclesiastical law, was the destination of the income from tithes of an ecclesiastical benefice to a layman. With the establishment of the parish system in England, it was necessary for the properties to have an owner. This was the ''parochianus'' or parson/rector who was sustained by the benefice income while providing personally for the cure-of-souls. The parson was technically a corporation sole.A legal entity vested in an individual and his successors by reason of his office which persists even though there is no living person holding it and its affairs are being administered by "sequestrators" With the passage of time, the benefice came to be considered a piece of property whose holder could discharge the spiritual responsibilities by a deputy and many were appropriated by monasteries or other spiritual corporations.Neep, E.J.C; Edinger, George. A Handbook of Church Law for the Clergy. A.R. Mowbray & Cº(1928) p.74 These were bound to provi ...
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Church Of England
The Church of England (C of E) is the established Christian church in England and the mother church of the international Anglican Communion. It traces its history to the Christian church recorded as existing in the Roman province of Britain by the 3rd century and to the 6th-century Gregorian mission to Kent led by Augustine of Canterbury. The English church renounced papal authority in 1534 when Henry VIII failed to secure a papal annulment of his marriage to Catherine of Aragon. The English Reformation accelerated under Edward VI's regents, before a brief restoration of papal authority under Queen Mary I and King Philip. The Act of Supremacy 1558 renewed the breach, and the Elizabethan Settlement charted a course enabling the English church to describe itself as both Reformed and Catholic. In the earlier phase of the English Reformation there were both Roman Catholic martyrs and radical Protestant martyrs. The later phases saw the Penal Laws punish Ro ...
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