Conservator
Encyclopedia
A Conservator is a judge
delegated by the pope
to defend certain privileged classes of persons — as universities
, Roman Catholic
religious orders
, chapters
, the poor — from manifest or notorious injury or violence, without recourse to a judicial process. Conservators were appointed as early as the 13th century.
Innocent IV presupposes their existence in the decree (c. 15, de off. et pot. jud., del. I, 14, in VIº) from which we first learn their power. Owing to abuses and complaints the Council of Trent
(Sess. XIV, c. v, de ref.) limited their jurisdiction
, but new controversies, often recurring, caused Clement VIII, Gregory XV, and Innocent X to define their privileges more precisely.
Troubles continuing to arise, especially concerning the conservators of religious orders, Clement XIII (23 April 1762) decreed that in missionary countries such officials should no longer be chosen, but that all controversies should be referred to the Holy See
. From that time forth conservators fell into practical desuetude
.
According to law, these officials were to be chosen from among the prelate
s or dignitaries of cathedral
and collegiate church
es; later from the synod
al judges. When a conservator had been chosen by regulars he could not be removed for five years without cause. He had no jurisdiction in cases that required juridical examination. While he took cognizance
of all complaints against regulars, he had no authority to receive those of the regulars against others unless they were notorious. In the latter case the conservator decided the question summarily. He could punish with ecclesiastical penalties even high church dignitaries who interfered with his duties. His power was limited, however, to the one diocese
in which be had been elected, nor could the same conservator have power in several dioceses.
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
delegated by the pope
Pope
The Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
to defend certain privileged classes of persons — as universities
University
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...
, Roman Catholic
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...
religious orders
Roman Catholic religious order
Catholic religious orders are, historically, a category of Catholic religious institutes.Subcategories are canons regular ; monastics ; mendicants Catholic religious orders are, historically, a category of Catholic religious institutes.Subcategories are canons regular (canons and canonesses regular...
, chapters
Chapter (religion)
Chapter designates certain corporate ecclesiastical bodies in the Roman Catholic, Anglican and Nordic Lutheran churches....
, the poor — from manifest or notorious injury or violence, without recourse to a judicial process. Conservators were appointed as early as the 13th century.
Innocent IV presupposes their existence in the decree (c. 15, de off. et pot. jud., del. I, 14, in VIº) from which we first learn their power. Owing to abuses and complaints the Council of Trent
Council of Trent
The Council of Trent was the 16th-century Ecumenical Council of the Roman Catholic Church. It is considered to be one of the Church's most important councils. It convened in Trent between December 13, 1545, and December 4, 1563 in twenty-five sessions for three periods...
(Sess. XIV, c. v, de ref.) limited their jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
, but new controversies, often recurring, caused Clement VIII, Gregory XV, and Innocent X to define their privileges more precisely.
Troubles continuing to arise, especially concerning the conservators of religious orders, Clement XIII (23 April 1762) decreed that in missionary countries such officials should no longer be chosen, but that all controversies should be referred to 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...
. From that time forth conservators fell into practical desuetude
Desuetude
In law, desuetude is a doctrine that causes statutes, similar legislation or legal principles to lapse and become unenforceable by a long habit of non-enforcement or lapse of time. It is what happens to laws that are not repealed when they become obsolete...
.
According to law, these officials were to be chosen from among the prelate
Prelate
A prelate is a high-ranking member of the clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin prælatus, the past participle of præferre, which means "carry before", "be set above or over" or "prefer"; hence, a prelate is one set over others.-Related...
s or dignitaries of cathedral
Cathedral
A cathedral is a Christian church that contains the seat of a bishop...
and collegiate church
Collegiate church
In Christianity, a collegiate church is a church where the daily office of worship is maintained by a college of canons; a non-monastic, or "secular" community of clergy, organised as a self-governing corporate body, which may be presided over by a dean or provost...
es; later from the synod
Synod
A synod historically is a council of a church, usually convened to decide an issue of doctrine, administration or application. In modern usage, the word often refers to the governing body of a particular church, whether its members are meeting or not...
al judges. When a conservator had been chosen by regulars he could not be removed for five years without cause. He had no jurisdiction in cases that required juridical examination. While he took cognizance
Cognizance
Cognizance may refer to:* Cognizance, a heraldic badge, emblem or device formerly worn by retainers of a royal or noble house* Cognizance, the action of taking judicial notice...
of all complaints against regulars, he had no authority to receive those of the regulars against others unless they were notorious. In the latter case the conservator decided the question summarily. He could punish with ecclesiastical penalties even high church dignitaries who interfered with his duties. His power was limited, however, to the one diocese
Diocese
A diocese is the district or see under the supervision of a bishop. It is divided into parishes.An archdiocese is more significant than a diocese. An archdiocese is presided over by an archbishop whose see may have or had importance due to size or historical significance...
in which be had been elected, nor could the same conservator have power in several dioceses.