Jus novum ( c. 1140 -1563)
49-821: Commendatore or Commendatoré (singular), Commendatori (plural), is an Italian word originating from the Latin phrase In commendam and meaning "Commander". It may refer to: Referenced in the Godfather Part 3 when Michael Corleone visits Paulo in Italy. In commendam Jus novissimum ( c. 1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of
98-454: A benefice in commendam became most common with monasteries, and the commendatory abbot drew a portion of the revenue of the monastery but without fulfilling the duties of the abbot or even residing at the monastery. The establishment of ecclesiastical benefices was a way of guaranteeing the financial stability of the Church. Real property and other goods donated to the Church were erected as
147-459: A church which he gave in commendam , while he was Bishop of Milan : " Commendo tibi, fili, Ecclesiam quae est ad Forum Cornelii ... donec ei ordinetur episcopus " ("I entrust unto thee, my son, the church which is at the Cornelian Forum ... until a bishop is allotted to it"). Temporarily unoccupied church property (ecclesiastical benefice) could be entrusted to the protection of
196-403: A letter in which he withdrew his imperial support of Gregory as pope in no uncertain terms: the letter was headed "Henry, king not through usurpation but through the holy ordination of God, to Hildebrand, at present not pope but false monk". It called for the election of a new pope. His letter ends, "I, Henry, king by the grace of God, with all of my Bishops, say to you, come down, come down!", and
245-421: A member of the church, to safeguard and manage it until order was restored and a new permanent holder of the position was granted in titulum . The patron would receive any revenues generated from the property in the meantime. Each of the early basilicas of Rome was under the guardianship of a patron. The benefice held in commendam could be used to provide a temporary administrator to a church or monastery that
294-561: A new pope, Pope Victor III . He owed his elevation to the influence of the Normans. Antipope Clement III still occupied St. Peter's. When Victor III died, the cardinals elected Pope Urban II (1088–99). He was one of three men Gregory VII suggested as his successor. Urban II preached the First Crusade, which united Western Europe, and more importantly, reconciled the majority of bishops who had abandoned Gregory VII. The reign of Henry IV showed
343-518: A papal banner and the distant blessing of Pope Alexander II upon his invasion, but had successfully rebuffed the pope's assertion after the successful outcome, that he should come to Rome and pay homage for his fief, under the general provisions of the Donation of Constantine . The ban on lay investiture in Dictatus papae did not shake the loyalty of William's bishops and abbots. In the reign of Henry I ,
392-403: A stable fund, and the revenue was attached to a particular office. The parish priest, bishop, or other minister would have the right to receive the income of the benefice to support himself and to cover the expenses related to his ministry. There is clear evidence that the granting of a benefice in commendam was practised in the fourth century. In a letter written around 379, Ambrose mentions
441-517: Is often quoted with "and to be damned throughout the ages", which is a later addition. The situation was made even more dire when Henry IV installed his chaplain, Tedald, a Milanese priest, as Bishop of Milan , when another priest of Milan, Atto, had already been chosen in Rome by the pope. In 1076 Gregory responded by excommunicating Henry, and deposed him as German king, releasing all Christians from their oath of allegiance. Enforcing these declarations
490-595: The Concordat of Worms . The agreement required bishops to swear an oath of fealty to the secular monarch, who held authority "by the lance" but left selection to the church. It affirmed the right of the church to invest bishops with sacred authority, symbolized by a ring and staff . In Germany (but not Italy and Burgundy), the Emperor also retained the right to preside over elections of abbots and bishops by church authorities, and to arbitrate disputes. Holy Roman Emperors renounced
539-501: The Isle of Man , but similar provision with respect to the bishop of Sodor and Man was made by the Sodor and Man Act 1838 (c.30), section 3. Investiture Controversy The Investiture Controversy or Investiture Contest ( German : Investiturstreit , pronounced [ɪnvɛstiˈtuːɐ̯ˌʃtʁaɪt] ) was a conflict between the Church and the state in medieval Europe over
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#1732855579475588-984: The Archbishop of York to collect and present all the relevant traditions of anointed kingship. On this topic, the historian Norman Cantor would note: "The resulting ' Anonymous of York ' treatises are a delight to students of early-medieval political theory, but they in no way typify the outlook of the Anglo-Norman monarchy, which had substituted the secure foundation of administrative and legal bureaucracy for outmoded religious ideology." Jus novum ( c. 1140 -1563) Jus novissimum ( c. 1563 -1918) Jus codicis (1918-present) Other Sacraments Sacramentals Sacred places Sacred times Supra-diocesan/eparchal structures Particular churches Juridic persons Philosophy, theology, and fundamental theory of Catholic canon law Clerics Office Juridic and physical persons Associations of
637-510: The Church of England the stipends of bishops and other senior ecclesiastics were sometimes augmented by the stipends of sinecure benefices held in commendam . In 1719 Hugh Boulter succeeded to the deanery of Christ Church, which he held in commendam with the bishopric of Bristol. These were made illegal by the Ecclesiastical Commissioners Act 1836 (c.77), section 18, which is no longer in force. The Act does not extend to
686-587: The Church withdrew support. Henry IV spent the last years of his life desperately grasping to keep his throne. It was a greatly diminished kingdom. The Investiture Controversy continued for several decades as each successive pope tried to diminish imperial power by stirring up revolt in Germany. These revolts were gradually successful. The reign of Henry IV ended with a diminished kingdom and waning power. Many of his underlords had been in constant or desultory revolt for years. Henry IV's insistence that Antipope Clement III
735-452: The Great (936–72), the bishops had been princes of the empire, had secured many privileges, and had become to a great extent feudal lords over great districts of the imperial territory. The control of these great units of economic and military power was for the king a question of primary importance due to its effect on imperial authority. It was essential for a ruler or nobleman to appoint (or sell
784-593: The Holy Roman Empire. Gregory VII was meanwhile still resisting a few hundred yards away from the basilica in the Castel Sant'Angelo , then known as the house of Cencius . Gregory called on his allies for help, and Robert Guiscard (the Norman ruler of Sicily, Apulia, and Calabria) responded, entering Rome on 27 May 1084. The Normans came in force and attacked with such strength that Henry and his army fled. Gregory VII
833-597: The Lenten synod of 7 March 1080 excommunicated Henry IV again. In turn, Henry called a council of bishops at Brixen that proclaimed Gregory illegitimate. The internal revolt against Henry effectively ended that same year, however, when Rudolf von Rheinfeld died. Henry IV named Guibert of Ravenna (who he had invested as bishop of Ravenna) to be pope, referring to Clement III (known by the Catholic Church as Antipope Clement III ) as "our pope". In October 1080, troops raised by
882-717: The Saxons after the First Battle of Langensalza, he wore a hair shirt and stood barefoot in the snow in what has become known as the Road to Canossa . Gregory lifted the excommunication, but the German aristocrats, whose rebellion became known as the Great Saxon Revolt , were not as willing to give up their opportunity and elected a rival king, Rudolf von Rheinfeld . Three years later, Pope Gregory declared his support for von Rheinfeld and then on
931-638: The Staufen, also known as Hohenstaufen , and the heirs of Lothar III, paving the way for the rise to power of the Hohenstaufen Frederick I (1152–1190). At the time of Henry IV's death, Henry I of England and the Gregorian papacy were also embroiled in a controversy over investiture, and its solution provided a model for the eventual solution of the issue in the empire. William the Conqueror had accepted
980-563: The ability to choose and install bishops ( investiture ) and abbots of monasteries and the pope himself. A series of popes in the 11th and 12th centuries undercut the power of the Holy Roman Emperor and other European monarchies , and the controversy led to nearly 50 years of conflict. It began as a power struggle between Pope Gregory VII and Henry IV (then King, later Holy Roman Emperor) in 1076. The conflict ended in 1122, when Pope Callixtus II and Emperor Henry V agreed on
1029-485: The appointment of laymen as abbots in commendam was abolished. Clergy, however, could still be appointed as commendatory abbots, and the practice was used to provide an income to a professor, student, priest, or cardinal. This cleric would name another man to fulfill the daily responsibilities of the office. The practice was open to abuse: favored cardinals began to receive multiple benefices, accepting them like absentee landlords , increasing their personal possessions to
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#17328555794751078-399: The crowd erupted in anger. Henry took the pope and cardinals hostage until the pope granted Henry V the right of investiture. Then he returned to Germany—crowned emperor and apparent victor over the papacy. Henry's victory was, however, as short-lived as that of his father, Henry IV over Gregory VII. The clergy urged Paschal to rescind his agreement, which he did in 1112. The quarrel followed
1127-603: The detriment of the Church. The arrangements were no longer temporary and could be held for a lifetime. Monastic communities, from which these grants were taken, lost revenues and gained nothing in return, suffering from spiritual and temporal mismanagement. In 16th-century France, however, the Kings continued to appoint abbots and the nomination of the King’s close relatives to office became commonplace particularly in La Chaise-Dieu . In
1176-456: The elections of Pope Alexander II and Pope Gregory VII proceeded according to church rules, without the involvement of the Emperor. In 1075, Pope Gregory VII composed the Dictatus papae , though this was not published at the time, cataloging principles of his Gregorian Reforms . One clause asserted that the pope held the exclusive power to depose an emperor. It declared that the Roman church
1225-474: The empire. This combination of factors forced Henry IV to back down, as he needed time to marshal his forces to fight the rebellion. In 1077, he traveled to Canossa in northern Italy, where the Pope was staying in the castle of Countess Matilda , to apologize in person. The pope was suspicious of Henry's motives, and did not believe he was truly repentant. As penance for his sins, and echoing his own punishment of
1274-497: The faithful Pars dynamica (trial procedure) Canonization Election of the Roman Pontiff Academic degrees Journals and Professional Societies Faculties of canon law Canonists Institute of consecrated life Society of apostolic life In canon law , commenda (or in commendam ) was a form of transferring an ecclesiastical benefice in trust to the custody of a patron . The phrase in commendam
1323-584: The family may have established a proprietary church or abbey on their estate. Since a substantial amount of wealth and land was usually associated with the office of a bishop or abbot, the sale of church offices—a practice known as " simony "—was an important source of income for leaders among the nobility, who themselves owned the land and by charity allowed the building of churches. Emperors had been heavily relying on bishops for their secular administration, as they were not hereditary or quasi-hereditary nobility with family interests. They justified their power by
1372-509: The hands of the church, but of contested title. He would not interfere with ecclesiastical affairs and churchmen would avoid secular services. The church would be given autonomy and to Henry V would be restored large parts of his empire that his father had lost. And finally, Henry V would be crowned as the Holy Roman Emperor by Paschal. When the concessions of land were read in St. Peter's, however,
1421-432: The heat of exchanges between Westminster and Rome induced Anselm, Archbishop of Canterbury , to give up mediating and retire to an abbey. Robert of Meulan , one of Henry's chief advisors, was excommunicated, but the threat of excommunicating the king remained unplayed. The papacy needed the support of English Henry while German Henry was still unbroken. A projected crusade also required English support. Henry I commissioned
1470-527: The nobility would have no part in the selection of popes (though the Holy Roman Emperor might confirm the choice) and that electors would be cardinals (which would later evolve into the College of Cardinals ) assembled in Rome. The bull also banned lay investiture. In response, all the bishops in Germany (who supported the Emperor) assembled in 1061 and declared all the decrees of Nicholas II null and void. Nevertheless,
1519-458: The office to) someone who would remain loyal. Problems with simony became particularly unpopular as Pope Benedict IX was accused of selling the papacy in 1045. Henry III, Holy Roman Emperor from 1046 to 1056, settled the papal schism and named several popes, the last emperor to successfully dominate the selection process. Six-year-old Henry IV became King of the Germans in 1056. Benedict X
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1568-687: The old right of naming the pope. The Concordat of Worms in 1122 was the result. After the Concordat, the German kings never had the same control over the Church as had existed in the time of the Ottonian dynasty. Henry V was received back into communion and recognized as legitimate emperor as a result. Henry V died without heirs in 1125, three years after the Concordat. He had designated his nephew, Frederick von Staufen duke of Swabia , also known as Frederick II, Duke of Swabia as his successor. Instead, churchmen elected Lothair III . A long civil war erupted between
1617-478: The predictable course: Henry V rebelled and was excommunicated. Riots broke out in Germany, a new Antipope Gregory VIII was appointed by the German king, and nobles loyal to Rome seceded from Henry. The unrest and conflict in Germany continued, just as under Henry IV. And the controversy with respect to investiture dragged on for another ten years. Like his father before him, Henry V was faced with waning power. Ultimately, he had no choice but to give up investiture and
1666-650: The pro-Imperial bishops of Northern Italy clashed with the pro-papal forces of Countess Matilda in the battle of Volta Mantovana . The pro-Imperial forces were victorious, and in March 1081 Henry IV marched from the Brenner Pass into the March of Verona unopposed, entering Milan in April that year. He then attacked Rome and besieged the city with the intent of forcibly removing Gregory VII and installing Clement III. The city of Rome withstood
1715-470: The right to appoint abbots in commendam over monasteries, often nominating their own vassals, who were not monks but laymen, as a way of rewarding them. These abbots did not have spiritual care of the monks but did have the right to manage the temporal affairs of the monastery, and some were driven into financial ruin. When in 1122 the Investiture Controversy was settled in favor of the church,
1764-476: The right to choose the pope. In the meantime, there was also a brief but significant investiture struggle between Pope Paschal II and King Henry I of England from 1103 to 1107. The earlier resolution to that conflict, the Concordat of London , was very similar to the Concordat of Worms. After the decline of the Western Roman Empire , investiture was performed by members of the ruling nobility (and
1813-450: The siege, but the Vatican and St. Peter's fell in 1083. On the outskirts of the city, Henry gained thirteen cardinals who became loyal to his cause. The next year the city of Rome surrendered and Henry triumphantly entered the city. On Palm Sunday , 1084, Henry IV solemnly enthroned Clement at St. Peter's Basilica ; on Easter Day, Clement returned the favour and crowned Henry IV as Emperor of
1862-462: The theory of the divine right of kings . Many of the papal selections before 1059 were influenced politically and militarily by European powers, often with a king or emperor announcing a choice which would be rubber-stamped by church electors. The Holy Roman Emperors of the Ottonian dynasty believed they should have the power to appoint the pope. Since the ascendance of the first of that line, Otto
1911-499: The weakness of the German monarchy. The ruler was dependent upon the good will of the nobility of his land. These were technically royal officials and hereditary princes. He was also dependent on the resources of the churches. Henry IV alienated the Church of Rome and many of the magnates in his own kingdom. Many of these spent years in open or subversive rebellion. Henry failed to create a proper bureaucracy to replace his disobedient vassals. The magnates became increasingly independent, and
1960-536: Was a different matter, but the advantage gradually came to be on the side of Gregory VII. German princes and the aristocracy were happy to hear of the king's deposition. They used religious reasons to continue the rebellion started at the First Battle of Langensalza in 1075, and to seize royal holdings. Aristocrats claimed local lordships over peasants and property, built forts, which had previously been outlawed, and built up localized fiefdoms to secure their autonomy from
2009-400: Was at risk of financial ruin. It also provided a steady income for whoever was nominated, and St. Gregory the Great (590–604) gave vacant monasteries in commendam to bishops who had been driven from their sees by the invading barbarians, or whose own churches were too poor to furnish them a decent livelihood. In the eighth century, the practice became widely abused when kings claimed
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2058-518: Was elected under the influence of the Count of Tusculum , allegedly by bribing the electors. Dissenting cardinals elected Pope Nicholas II in 1058 at Siena . Nicholas II successfully waged war against Benedict X and regained control of the Vatican. Nicholas II convened a synod in the Lateran on Easter in 1059. The results were codified in the papal bull In nomine Domini . It declared that leaders of
2107-460: Was forced to abdicate and was succeeded by his son Henry V , who had rebelled against his father in favor of the papacy, and made his father renounce the legality of his antipopes before he died. Henry V realised swift action and a change in his father's policy was necessary. Pope Paschal II rebuked Henry V for appointing bishops in Germany. The king crossed the Alps with an army in 1111. The pope, who
2156-503: Was founded by God alone—that the papal power (the auctoritas of Pope Gelasius ) was the sole universal power; in particular, a council held in the Lateran Palace from 24 to 28 February the same year decreed that the pope alone could appoint or depose churchmen or move them from see to see. By this time, Henry IV was no longer a child, and he continued to appoint his own bishops. He reacted to this declaration by sending Gregory VII
2205-470: Was known as lay investiture ) despite theoretically being a task of the church. Many bishops and abbots were themselves part of the ruling nobility. Given that most members of the European nobility practiced primogeniture , and willed their titles of nobility to the eldest surviving male heir, surplus male siblings often sought careers in the upper levels of the church hierarchy. This was particularly true where
2254-494: Was originally applied to the provisional occupation of an ecclesiastical benefice, which was temporarily without an actual occupant, in contrast to the conferral of a title, in titulum , which was applied to the regular and unconditional occupation of a benefice. The word commendam is the accusative singular of the Latin noun commenda , "trust", or "custody", which is derived from the verb commendare ("to entrust"). Granting
2303-402: Was rescued, but Rome was plundered in the process, for which the citizens of Rome blamed him. As a result, Gregory VII was forced to leave Rome under the protection of the Normans, fleeing to Salerno, where he grew ill and died on 25 May 1085. The last words he uttered were, "I have loved justice and hated iniquity, and therefore I die in exile." Upon the death of Gregory, the cardinals elected
2352-450: Was the real pope had initially been popular with some of the nobles, and even many of the bishops of Germany. But as years passed, this support was slowly withdrawn. The idea that the German king could and should name the pope was increasingly discredited and viewed as an anachronism from a by-gone era. The Empire of the Ottos was virtually lost because of Henry IV. On 31 December 1105, Henry IV
2401-516: Was weak and had few supporters was forced to suggest a compromise, the abortive Concordat of 1111 . Its simple and radical solution of the Investiture Controversy between the prerogatives of regnum and sacerdotium proposed that German churchmen would surrender their lands and secular offices to the emperor and constitute a purely spiritual church. Henry gained greater control over the lands of his kingdom, especially those that had been in
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