Proprietary church
Encyclopedia
During the Middle Ages
, the proprietary church (Latin ecclesia propria, German Eigenkirche) was a church, abbey
or cloister
built on private ground by a feudal lord, over which he retained proprietary interests, especially the right of what in English law is "advowson
", that of nominating the ecclesiastic personnel. In a small parish church this right may be trivial, but in the German territories of Otto the Great it was an essential check and control on the church, through which the Holy Roman Emperor
largely ruled.
In the later Roman Empire the church had been centrally organized: all monasteries
and churches within a diocese
, including their personnel and their properties, were under the jurisdiction of the local bishop. Ulrich Stutz has demonstrated that the institution of the proprietary church existed particularly in areas that had never been Roman, among the Irish and the Slavs, and in the Eastern Roman Empire, but the proprietary church is best known in Germany, where the Grundherr, the land lord who had founded the church on his property and endowed it from his lands, maintained the right of investiture
, as he was the advocatus
(German Vogt
) of the fief, and responsible for its security and good order. In the 9th and 10th centuries the establishment of proprietary churches in Germany swelled to their maximum. The layman who held the position was a lay abbot
.
The altar was the legal anchor to which the structures, the land, the rights and ties were attached. The proprietor and his heirs retained unabated legal rights to the ground on behalf of the saint whose relics lay beneath the altar. "He could sell, lend or lease the altar, leave it to his heirs, use it for dower
, or mortgage it, provided that a church, once dedicated, continued to be used as a church." The proprietary right could be granted away or otherwise alienated, even for a sum of money, which compromised the position of the spiritual community that it contained. In such a situation, simony
, the outright purchase of an ecclesiastic position through payment or barter, was an ever-present problem, one that was attacked over and over in all the synods of the 11th and early 12th century Gregorian reform
s, and fuelled the Investiture Controversy
.
Within the Carolingian empire
, the rules concerning proprietary churches had been expressly formulated in the ninth century, at the reforming councils of 808, under Charlemagne
and of 818/9, under Louis the Pious
. Then proprietary churches had been officially recognized, but the capitulations identify some of the associated excesses, for it was agreed that the proprietor should not appoint nor depose priests without the assent of the bishop, nor appoint unfree persons
. Every church was to be provided with a manse
and its garden that were free of seigneurial dues, where the priest could support himself, providing spiritual services. The rights of proprietorial founders were also delimited and protected, for the bishop could not refuse to ordain a suitable candidate; the legislation also protected the founder's right over proprietory abbey
s to appoint a member of the founding family.
The Royal peculiars have remained proprietary churches until today.
Middle Ages
The Middle Ages is a periodization of European history from the 5th century to the 15th century. The Middle Ages follows the fall of the Western Roman Empire in 476 and precedes the Early Modern Era. It is the middle period of a three-period division of Western history: Classic, Medieval and Modern...
, the proprietary church (Latin ecclesia propria, German Eigenkirche) was a church, abbey
Abbey
An abbey is a Catholic monastery or convent, under the authority of an Abbot or an Abbess, who serves as the spiritual father or mother of the community.The term can also refer to an establishment which has long ceased to function as an abbey,...
or cloister
Cloister
A cloister is a rectangular open space surrounded by covered walks or open galleries, with open arcades on the inner side, running along the walls of buildings and forming a quadrangle or garth...
built on private ground by a feudal lord, over which he retained proprietary interests, especially the right of what in English law is "advowson
Advowson
Advowson is the right in English law of a patron to present or appoint a nominee to a vacant ecclesiastical benefice or church living, a process known as presentation. In effect this means the right to nominate a person to hold a church office in a parish...
", that of nominating the ecclesiastic personnel. In a small parish church this right may be trivial, but in the German territories of Otto the Great it was an essential check and control on the church, through which the Holy Roman Emperor
Holy Roman Emperor
The Holy Roman Emperor is a term used by historians to denote a medieval ruler who, as German King, had also received the title of "Emperor of the Romans" from the Pope...
largely ruled.
In the later Roman Empire the church had been centrally organized: all monasteries
Monastery
Monastery denotes the building, or complex of buildings, that houses a room reserved for prayer as well as the domestic quarters and workplace of monastics, whether monks or nuns, and whether living in community or alone .Monasteries may vary greatly in size – a small dwelling accommodating only...
and churches within a 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...
, including their personnel and their properties, were under the jurisdiction of the local bishop. Ulrich Stutz has demonstrated that the institution of the proprietary church existed particularly in areas that had never been Roman, among the Irish and the Slavs, and in the Eastern Roman Empire, but the proprietary church is best known in Germany, where the Grundherr, the land lord who had founded the church on his property and endowed it from his lands, maintained the right of investiture
Investiture
Investiture, from the Latin is a rather general term for the formal installation of an incumbent...
, as he was the advocatus
Advocatus
An advocatus, or advocate, was generally a medieval term meaning "lawyer". The term was also used in continental Europe as the title of the lay lord charged with the protection and representation in secular matters of an abbey, known more fully as an advocatus ecclesiae.-Middle Ages:The office is...
(German Vogt
Vogt
A Vogt ; plural Vögte; Dutch voogd; Danish foged; ; ultimately from Latin [ad]vocatus) in the Holy Roman Empire was the German title of a reeve or advocate, an overlord exerting guardianship or military protection as well as secular justice...
) of the fief, and responsible for its security and good order. In the 9th and 10th centuries the establishment of proprietary churches in Germany swelled to their maximum. The layman who held the position was a lay abbot
Lay abbot
Lay abbot is a name used to designate a layman on whom a king or someone in authority bestowed an abbey as a reward for services rendered; he had charge of the estate belonging to it, and was entitled to part of the income.This custom existed principally in the Frankish Empire from the eighth...
.
The altar was the legal anchor to which the structures, the land, the rights and ties were attached. The proprietor and his heirs retained unabated legal rights to the ground on behalf of the saint whose relics lay beneath the altar. "He could sell, lend or lease the altar, leave it to his heirs, use it for dower
Dower
Dower or morning gift was a provision accorded by law to a wife for her support in the event that she should survive her husband...
, or mortgage it, provided that a church, once dedicated, continued to be used as a church." The proprietary right could be granted away or otherwise alienated, even for a sum of money, which compromised the position of the spiritual community that it contained. In such a situation, simony
Simony
Simony is the act of paying for sacraments and consequently for holy offices or for positions in the hierarchy of a church, named after Simon Magus , who appears in the Acts of the Apostles 8:9-24...
, the outright purchase of an ecclesiastic position through payment or barter, was an ever-present problem, one that was attacked over and over in all the synods of the 11th and early 12th century Gregorian reform
Gregorian Reform
The Gregorian Reforms were a series of reforms initiated by Pope Gregory VII and the circle he formed in the papal curia, circa 1050–80, which dealt with the moral integrity and independence of the clergy...
s, and fuelled the Investiture Controversy
Investiture Controversy
The Investiture Controversy or Investiture Contest was the most significant conflict between Church and state in medieval Europe. In the 11th and 12th centuries, a series of Popes challenged the authority of European monarchies over control of appointments, or investitures, of church officials such...
.
Within the Carolingian empire
Carolingian Empire
Carolingian Empire is a historiographical term which has been used to refer to the realm of the Franks under the Carolingian dynasty in the Early Middle Ages. This dynasty is seen as the founders of France and Germany, and its beginning date is based on the crowning of Charlemagne, or Charles the...
, the rules concerning proprietary churches had been expressly formulated in the ninth century, at the reforming councils of 808, under Charlemagne
Charlemagne
Charlemagne was King of the Franks from 768 and Emperor of the Romans from 800 to his death in 814. He expanded the Frankish kingdom into an empire that incorporated much of Western and Central Europe. During his reign, he conquered Italy and was crowned by Pope Leo III on 25 December 800...
and of 818/9, under Louis the Pious
Louis the Pious
Louis the Pious , also called the Fair, and the Debonaire, was the King of Aquitaine from 781. He was also King of the Franks and co-Emperor with his father, Charlemagne, from 813...
. Then proprietary churches had been officially recognized, but the capitulations identify some of the associated excesses, for it was agreed that the proprietor should not appoint nor depose priests without the assent of the bishop, nor appoint unfree persons
Serfdom
Serfdom is the status of peasants under feudalism, specifically relating to Manorialism. It was a condition of bondage or modified slavery which developed primarily during the High Middle Ages in Europe and lasted to the mid-19th century...
. Every church was to be provided with a manse
Manse
A manse is a house inhabited by, or formerly inhabited by, a minister, usually used in the context of a Presbyterian, Methodist, Baptist or United Church...
and its garden that were free of seigneurial dues, where the priest could support himself, providing spiritual services. The rights of proprietorial founders were also delimited and protected, for the bishop could not refuse to ordain a suitable candidate; the legislation also protected the founder's right over proprietory abbey
Abbey
An abbey is a Catholic monastery or convent, under the authority of an Abbot or an Abbess, who serves as the spiritual father or mother of the community.The term can also refer to an establishment which has long ceased to function as an abbey,...
s to appoint a member of the founding family.
The Royal peculiars have remained proprietary churches until today.