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Benefices, System of

(244 words)

Author(s): Kalb, Herbert
[German Version] In the barter economy of the early Middle Ages, the bestowal of useful goods gained increasing significance. Against this background, beneficium , in its most comprehensive meaning, referred to any grant which, owing to the advantages associated with it, represented a benefit to the recipient. In its early medieval development, the beneficium (the property law component) was associated with vassalage (the personal law component). The Carolingians already attempted to bind their vassals to …

Jurisdiction/Power of Jurisdiction

(458 words)

Author(s): Kalb, Herbert
[German Version] In canon law, jurisdiction denotes the power of governance ( potestas regiminis) that is exercised in the external and internal (legal) forum ( CIC 1983, cc. 129–144; CCEO, cc. 979–995). It inherently comprises all functions, including legislative, judicial, and administrative power; because the church is constituted hierarchically, there is no provision for separation of powers. Pursuant to CIC 1983, c. 129, only persons in sacred orders (clergy; Consecration/Ordination/Dedication) are capable of the power of governance. Laity can cooperate ( cooperari poss…

Advocatus Dei/diaboli

(92 words)

Author(s): Kalb, Herbert
[German Version] Until the reorganization of the beatification and canonization procedures in 1983, the written exchange of arguments pro and contra between the candidate's advocate and the Promotor fidei at the Congregation of Rites (today known as the Congregation for the Causes of the Saints) played a central role. The one who presented the favorable arguments was popularly known as “God's advocate,” while the one who put forward the arguments against the candidate was popularly known as “the devil's advocate.” Herbert Kalb Bibliography M. Sieger, Die Heiligsprechung, 1995.

Beneficium

(226 words)

Author(s): Kalb, Herbert
[German Version] In the concluding definition of terms in the CIC 1917, a beneficium (benefice) is a permanent church office established by the responsible church authority that is endowed with a profitable estate and that qualifies the respective officeholder to enjoy its yield (c. 1409). The development of this classical (ecclesial) benefice began in the Middle Ages…

Immunity

(427 words)

Author(s): Kalb, Herbert
[German Version] In Roman law, immunitas meant exemption from public charges ( munera). The immunity of the early Middle Ages built on this concept, but its legal meaning changed in the middle of the 7th century. The immunity given by royal privilege to monasteries and churches of Empire ( Reichskirche ) did not extend to the publica iudiciaria potestas, the functions of which accrued to those holding the privileges. Within these grants of immunity, a “narrower immunity” was set apart, a special sanctuary with enhanced protection limited to the interio…

Church Advocate

(391 words)

Author(s): Kalb, Herbert
[German Version] The term “advocate” (Ger. Vogt), from Lat. advocatus (“attorney”), acquired a vastly expanded meaning in the Middle Ages. The model of legal representation and arbitration became associated with the notion of protection by an aristocrat. Charlemagne aleady required churches to appoint advocates, and the office developed into a permanent ¶ institution. The Carolingian kings, who sought to make immunity benefit the realm, strove to tie the advocati to the crown by an oath of fealty to the ruler and by supervision through missi (specially commissioned royal…

Johannes Andreae

(224 words)

Author(s): Kalb, Herbert
[German Version] (Giovanni d'Andrea; c. 1270, Florence – Jul 7, 1348, Bologna). After studying law in Bologna (with Guido de Baysio, among others), Johannes taught canon law at the University of Bologna, with brief interruptions (Padua 1307–1309 and 1319), until his death. He is the most important canonist of the 14th century. With him, the “classical era” of canon law ended (Canon law/Church law: IV, 1). He was the first to describe the literary history of canon law and his work, far from being a mere compilation, presents the state of knowledge in the discipline. His Glossa in Sextum – the…

Societies of Apostolic Life

(155 words)

Author(s): Kalb, Herbert
[German Version] The societies of apostolic life found today in both the Eastern Uniate churches and the Latin Church came into being in the late 16th century. To avoid the ecclesiastical and social isolation imposed at that time by the legal corset of monastic life, quasi-monastic communities were formed that aimed at a more flexible community structure. The unfortunate definition in CIC c. 731 notwithstanding, these societates are societies of common life without monastic vows, but – depending on their individual constitutions – they make commitments of othe…

Annates

(213 words)

Author(s): Kalb, Herbert
[German Version] are a common-law tax, collected since the 11th century by the grantor of a benefice, which involved the first-year receipts of the benefice ( fructus, reditus et proventus primi anni) or half of the annual yield ( media annata). In parallel with the increasing papal reservations of filling vacancies, the Curia reserved the annates for itself and expanded them – apart from the papal tithe and prerogatives to fill vacancies – into a cent…

Index librorum prohibitorum

(416 words)

Author(s): Kalb, Herbert
[German Version] (“Index of Forbidden Books”). Taking his lead from antecedents such as the indexes of the Spanish and Portuguese Inquisition, Pope Paul IV ordered the creation of the Roman Index (1559). Of prime importance for the censorship were the Tridentine rules (Trent, Council of), which stipulated penalties for printers, librarians, testamentary executors, and others. Believers who read indexed books were threatened with the excommunicatio latae sententiae (i.e. immediate excommunication, simultaneously occurring with the offense). The Tridentine index…

Bullae and Seals

(587 words)

Author(s): Uehlinger, Christoph | Kalb, Herbert
[German Version] I. Archaeology – II. Church History and Canon Law I. Archaeology Sealed balls or lumps of clay with a diameter of 1–3 cm were pressed onto strings or knots to keep documents safe and authenticate them (1 Kgs 21:8; Jer 32:10–14; Neh 10:1; Dan 12:4), and to seal vessels, bags (Job 14:17), doors (Deut 32:34; Song 4:12; Dan 14:11,17; cf. 6:18), etc. The use of bulls seems to have begun in Egypt c. 2000 bce (11th/12th dynasties); in Palestine, bulls ranging from the 18th century bce to the Byzantine period have been discovered. Important …

Basilica

(1,624 words)

Author(s): Charles Murray, Mary | Kalb, Herbert
[German Version] I. Art History – II. Church Law I. Art History The Latin name “basilica” (Greek βασιλικός, basilikós, “royal”) acquired the meaning “great hall” and was used in reference to a number of public and private buildings that seemed royal because of their unusual architectural form in dimension and purpose. From the 4th century onward, all Christian churches were known as basilicas; in Christian usage, therefore, the word is both an architectural and an ecclesial term, a name from which a specific stylistic form was later derived. The oldest known basilica was built in 184 ce …

Monasteries

(3,085 words)

Author(s): Freiberger, Oliver | Köpf, Ulrich | Mürmel, Heinz | Kalb, Herbert
[German Version] I. Comparative Religion – II. Christianity – III. Buddhism – IV. Monastic Law I. Comparative Religion The term monastery (or cloister) derives from the Christian tradition, where it denotes the living and working quarters, relatively secluded from the outside world, of a monastic community leading some type of ascetic life (Asceticism; see II below). In the broader context of other religions, the term is also tied to the context of monasticism. When certain social structures in non-Christian reli…

Canon Law/Church Law

(11,049 words)

Author(s): Schöllgen, Georg | Kalb, Herbert | Puza, Richard | Pirson, Dietrich | Engelhardt, Hanns | Et al.
[German Version] I. History – II. The Present – III. Orthodox Church – IV. The Study of Canon Law and Church Law – V. Practical Theology – VI. Oriental Orthodox Canon Law I. History 1. Early Church. The church has had laws ever since Christians recognized the need for a generally recognized authority to regulate the uncertainties, problems, and controversies involving church discipline brought about by the rapid expansion of Christianity. After the death of the initial authority figures (e.g. the fou…