Doctrine

Proprietary church

Contract and Property Doctrine

A proprietary church, in Latin ecclesia propria and in German Eigenkirche, was in the Middle Ages a church, abbey or cloister built on private ground by a feudal lord who kept proprietary interests in it, above all the right of advowson, the right to nominate its clergy. The institution grew out of feudalism: the founding lord might be a layman, bishop or abbot, but only the diocesan bishop could consecrate the church or ordain its priest, and the Council of Trosly in 909 defined such churches as the dominium of the lord but the gubernatio of the bishop. Carolingian reforming councils formulated rules for them in 808 and 818 to 819, and their number in Germany reached its maximum in the ninth and tenth centuries. The proprietor could sell, lend, lease, bequeath or mortgage the altar, provided the church stayed a church, but could not alienate the land set aside to support the priest. Ulrich Stutz argued that the institution existed especially in areas that had never been Roman, and the benefice system and the Investiture Controversy are tied to it.

Facts
Origin Period
Origin Period (category)
Medieval / Pre-1500 1
Nature
Substantive 1
Connections

Formulated By

Ulrich Stutz, Jurists
Source Ulrich Stutz (Wikipedia)
Additional Source Proprietary church (Wikipedia)History, Ulrich Stutz

In Area Of Law

Source Proprietary church (Wikipedia)

In Legal System

Source Proprietary church (Wikipedia)
Sources
1. Proprietary church (Wikipedia)
  • Lead, Middle Ages
    During the Middle Ages, a proprietary church
  • Lead, proprietary interests
    over which he retained proprietary interests
  • In Group: Land, Possession and Real Property Doctrines, Lead, private ground
    built on private ground by a feudal lord
  • In Legal System: Canon Law, History, Early Middle Ages, Council of Trosly
    The Council of Trosly (909) defined such churches as the dominium of the seigneur, but the gubernatio of the bishop.
  • Formulated By: Ulrich Stutz, History, Ulrich Stutz
    Ulrich Stutz argued that the institution of the proprietary church existed particularly in areas that had never been Roman
View the Source
Ulrich Stutz (Wikipedia)
Formulated By: Ulrich Stutz, Lead, proprietary church
Quote, Formulated By: Ulrich Stutz, Lead, proprietary church
He is associated in particular with the theory of the proprietary church
View the Source
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