College (canon law)
Encyclopedia
A college, in the canon law
of the Roman Catholic Church
, is a collection (Latin collegium) of persons united together for a common object so as to form one body. The members are consequently said to be incorporated, or to form a corporation.
The Colleges could hold property in common and could sue and be sued. In case of failure this common property could be seized, but that of the individual members was not liable to seizure. The Roman collegium was never instituted as a corporation sole
; still, when reduced to one member, that individual succeeded to all the rights of the corporation and could employ its name.
Colleges were formed among the ancient Romans for various purposes. Some of these had a religious object, as the college of the Arval Brothers, of the Augur
s, etc.; others were for administrative purposes, as of quæstors, tribunes of the people; others again were trade unions or guilds, as the colleges of bakers, carpenters.
The early Roman Christians are said to have sometimes held church property during times of persecution under the title of collegium.
" and "community
" as synonymous terms with college, but others insist that there are points of difference. Thus, there are canonists who define university as a collection of bodies distinct from one another, but employing the same name specially conferred upon them. Pirhing remarks that a community of priests attached to the same church do not form a college unless they are members of one body whose head is a prelate elected by that body.
According to canon law three persons are required to form a college. Some authors maintained that two were sufficient for the purpose, because Pope Innocent, alluding to St. Matthew, xviii, 20, says that no presbyter
is to be chosen for a church where two or three form the congregation, except by their canonical election. As congregation here evidently means college, these writers contend that two can therefore form a college. As a matter of fact, however, the pontiff is simply affirming that the right of election will remain with an already constituted college even though only two of its members remain after the death of the prelate. Pirhing gives as the reason why two cannot constitute a college, that though it be not necessary that the college actually have a head, yet it must be at least capable of giving itself a presiding officer, or rector of the college. If, then, there be only two members and one be constituted the head, the other can not form the body, for the body requires several members, and the head is distinct from the body. He does not mean to assert, however, that if a college be reduced to two members, it can not preserve its corporate rights. On the contrary, the canon law explicitly affirms that one surviving member can conserve the privileges of the corporate body, not for himself personally, but for the college. When a legally constituted college has been reduced to two members, one can elect the other as prelate. If the college be reduced to one member, it becomes a virtual, not an actual, corporation. The single remaining member can exercise the acts belonging to the college, and although he can not elect himself prelate, yet he can choose or nominate some other proper person to the prelacy. He may also commit the election to other persons, or even to one, as the bishop.
The ancient canonists, when stating that three constitute a college, give also the numbers requisite for other canonical bodies, thus: five are necessary to form a university, two a congregation, more than two a family, and ten a parish. Among conspicuous ecclesiastical colleges may be mentioned the Sacred College of Cardinals and cathedral and collegiate chapters. The name college is specially applied also to corporate educational bodies within the Church, as without it.
Before the Protestant Reformation
, and even in the first years of Elizabeth I of England
, the colleges of Oxford and Cambridge were always spoken of as ecclesiastical corporations. By English law they are now purely lay corporations.
" is applied in Rome to those institutions which are immediately subject to and controlled by the Holy See
, and are consequently exempt from any other spiritual or temporal authority; the students are declared to be under the direct protection of the pope. Such institutions are, among others, the College of the Propaganda, and the Roman Colleges
.
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, is a collection (Latin collegium) of persons united together for a common object so as to form one body. The members are consequently said to be incorporated, or to form a corporation.
History
Colleges existed among the Romans and Greeks from the earliest times. The Roman laws required at least three persons for constituting a college. Legal incorporation was made, at least in some cases, by decrees of the Senate, edicts of the emperor, or by special laws. There were, however, general laws under which colleges could be formed by private persons, and if the authorities judged that the members had conformed to the letter and spirit of these laws, they had incontestable rights as collegia legitima; if the requisites were not adhered to they could be suppressed by administrative act.The Colleges could hold property in common and could sue and be sued. In case of failure this common property could be seized, but that of the individual members was not liable to seizure. The Roman collegium was never instituted as a corporation sole
Corporation sole
A corporation sole is a legal entity consisting of a single incorporated office, occupied by a single man or woman. This allows a corporation to pass vertically in time from one office holder to the next successor-in-office, giving the position legal continuity with each subsequent office...
; still, when reduced to one member, that individual succeeded to all the rights of the corporation and could employ its name.
Colleges were formed among the ancient Romans for various purposes. Some of these had a religious object, as the college of the Arval Brothers, of the Augur
Augur
The augur was a priest and official in the classical world, especially ancient Rome and Etruria. His main role was to interpret the will of the gods by studying the flight of birds: whether they are flying in groups/alone, what noises they make as they fly, direction of flight and what kind of...
s, etc.; others were for administrative purposes, as of quæstors, tribunes of the people; others again were trade unions or guilds, as the colleges of bakers, carpenters.
The early Roman Christians are said to have sometimes held church property during times of persecution under the title of collegium.
Canon law
Most of the prescriptions of the ancient civil law were received into the church law and they are incorporated in the Corpus Juris Canonici. By canonists, a college has been defined as a collection of several rational bodies forming one representative body. Some authors consider "universityUniversity
A university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
" and "community
Community
The term community has two distinct meanings:*a group of interacting people, possibly living in close proximity, and often refers to a group that shares some common values, and is attributed with social cohesion within a shared geographical location, generally in social units larger than a household...
" as synonymous terms with college, but others insist that there are points of difference. Thus, there are canonists who define university as a collection of bodies distinct from one another, but employing the same name specially conferred upon them. Pirhing remarks that a community of priests attached to the same church do not form a college unless they are members of one body whose head is a prelate elected by that body.
According to canon law three persons are required to form a college. Some authors maintained that two were sufficient for the purpose, because Pope Innocent, alluding to St. Matthew, xviii, 20, says that no presbyter
Presbyter
Presbyter in the New Testament refers to a leader in local Christian congregations, then a synonym of episkopos...
is to be chosen for a church where two or three form the congregation, except by their canonical election. As congregation here evidently means college, these writers contend that two can therefore form a college. As a matter of fact, however, the pontiff is simply affirming that the right of election will remain with an already constituted college even though only two of its members remain after the death of the prelate. Pirhing gives as the reason why two cannot constitute a college, that though it be not necessary that the college actually have a head, yet it must be at least capable of giving itself a presiding officer, or rector of the college. If, then, there be only two members and one be constituted the head, the other can not form the body, for the body requires several members, and the head is distinct from the body. He does not mean to assert, however, that if a college be reduced to two members, it can not preserve its corporate rights. On the contrary, the canon law explicitly affirms that one surviving member can conserve the privileges of the corporate body, not for himself personally, but for the college. When a legally constituted college has been reduced to two members, one can elect the other as prelate. If the college be reduced to one member, it becomes a virtual, not an actual, corporation. The single remaining member can exercise the acts belonging to the college, and although he can not elect himself prelate, yet he can choose or nominate some other proper person to the prelacy. He may also commit the election to other persons, or even to one, as the bishop.
The ancient canonists, when stating that three constitute a college, give also the numbers requisite for other canonical bodies, thus: five are necessary to form a university, two a congregation, more than two a family, and ten a parish. Among conspicuous ecclesiastical colleges may be mentioned the Sacred College of Cardinals and cathedral and collegiate chapters. The name college is specially applied also to corporate educational bodies within the Church, as without it.
Before the Protestant Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
, and even in the first years of Elizabeth I of England
Elizabeth I of England
Elizabeth I was queen regnant of England and Ireland from 17 November 1558 until her death. Sometimes called The Virgin Queen, Gloriana, or Good Queen Bess, Elizabeth was the fifth and last monarch of the Tudor dynasty...
, the colleges of Oxford and Cambridge were always spoken of as ecclesiastical corporations. By English law they are now purely lay corporations.
Apostolic Colleges
The title "Apostolic CollegeApostolic College
Apostolic College refers to the twelve Apostles of Christ as the body of men commissioned by Him to spread His message over the whole world and to give it the stability of a well-ordered society: i.e. to be the founders, the foundation, and pillars of the visible church on earth. The name "apostle"...
" is applied in Rome to those institutions which are immediately subject to and controlled by the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, and are consequently exempt from any other spiritual or temporal authority; the students are declared to be under the direct protection of the pope. Such institutions are, among others, the College of the Propaganda, and the Roman Colleges
Roman Colleges
Note: This article is based on the "Catholic Encyclopedia" 1913 and contains a large amount of out-dated information throughout, including the numbers of students...
.