Conservator (religion)
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A conservator (from ), was a
judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...
delegated by the
pope The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
to defend certain privileged classes of persons – as
universities A university () is an educational institution, institution of tertiary education and research which awards academic degrees in several Discipline (academia), academic disciplines. ''University'' is derived from the Latin phrase , which roughly ...
,
Catholic religious order In the Catholic Church, a religious order is a community of consecrated life with members that profess solemn vows. They are classed as a type of Religious institute (Catholic), religious institute. Subcategories of religious orders are: * can ...
s,
chapters Chapter or Chapters may refer to: Books * Chapter (books), a main division of a piece of writing or document * Chapter book, a story book intended for intermediate readers, generally age 7–10 * Chapters (bookstore), Canadian big box bookstore ...
, the poor – from manifest or notorious injury or violence, without recourse to a
judicial process Legal process (sometimes simply process) is any formal notice or writ by a court obtaining jurisdiction over a person or property. Common forms of process include a summons, subpoena, Mandate (criminal law), mandate, and warrant (law), warrant. ...
. Conservators were appointed as early as the 13th century; the title was given to officers appointed by the
Synod of Würzburg A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word ''synod'' comes from the Ancient Greek () ; the term is analogous with the Latin word . Originally, ...
in 1287 to protect the privileges of certain religious persons.


History

The earliest recorded mention of conserators is in a decree by
Pope Innocent IV Pope Innocent IV (; – 7 December 1254), born Sinibaldo Fieschi, was head of the Catholic Church and ruler of the Papal States from 25 June 1243 to his death in 1254. Fieschi was born in Genoa and studied at the universities of Parma and Bolo ...
, which presupposes their existence. Owing to abuses and complaints the
Council of Trent The Council of Trent (), held between 1545 and 1563 in Trent (or Trento), now in northern Italy, was the 19th ecumenical council of the Catholic Church. Prompted by the Protestant Reformation at the time, it has been described as the "most ...
limited their
jurisdiction Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
, but new controversies, often recurring, caused popes
Clement VIII Pope Clement VIII (; ; 24 February 1536 – 3 March 1605), born Ippolito Aldobrandini, was head of the Catholic Church and ruler of the Papal States from 30 January 1592 to his death in March 1605. Born in Fano, Papal States to a prominen ...
,
Gregory XV Pope Gregory XV (; ; 9 January 1554 – 8 July 1623), born Alessandro Ludovisi, was the head of the Catholic Church and ruler of the Papal States from 9 February 1621 until his death in 1623. He is notable for founding the Congregation for the ...
, and
Innocent X Pope Innocent X (6 May 1574 – 7 January 1655), born Giovanni Battista Pamphilj (or Pamphili), was head of the Catholic Church and ruler of the Papal States from 15 September 1644 to his death, in January 1655. Born in Rome of a family fro ...
to define their privileges more precisely. Troubles continued to arise, especially concerning the conservators of religious orders.
Pope Clement XIII Pope Clement XIII (; ; 7 March 1693 – 2 February 1769), born Carlo della Torre di Rezzonico, was head of the Catholic Church and ruler of the Papal States from 6 July 1758 to his death in February 1769. He was installed on 16 July 1758. ...
decreed that in missionary countries such officials should no longer be chosen, but that all controversies should be referred to the
Holy See The Holy See (, ; ), also called the See of Rome, the Petrine See or the Apostolic See, is the central governing body of the Catholic Church and Vatican City. It encompasses the office of the pope as the Bishops in the Catholic Church, bishop ...
. From that time forth conservators fell into practical
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 t ...
. According to law, these officials were to be chosen from among the
prelate A prelate () is a high-ranking member of the Minister (Christianity), Christian clergy who is an Ordinary (church officer), ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which me ...
s or dignitaries of
cathedral A cathedral is a church (building), church that contains the of a bishop, thus serving as the central church of a diocese, Annual conferences within Methodism, conference, or episcopate. Churches with the function of "cathedral" are usually s ...
and
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, headed by a dignitary bearing ...
es; later from the
synod A synod () is a council of a Christian denomination, usually convened to decide an issue of doctrine, administration or application. The word '' synod'' comes from the Ancient Greek () ; the term is analogous with the Latin word . Originally, ...
al judges. When a conservator had been chosen by
regular clergy Regular clergy, or just regulars, are clerics in the Catholic Church who follow a rule () of life, and are therefore also members of religious institutes. Secular clergy are clerics who are not bound by a rule of life. Terminology and history ...
he could not be removed for five years without cause. He had no jurisdiction in cases that required juridical examination. While he took of all complaints against regular clergy, he had no authority to receive those of the regular clergy 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 Ecclesiastical polity, church governance, a diocese or bishopric is the ecclesiastical district under the jurisdiction of a bishop. History In the later organization of the Roman Empire, the increasingly subdivided Roman province, prov ...
in which be had been elected, nor could the same conservator have power in several dioceses.


References

* {{Subject bar , portal1= Catholicism , portal2= Christianity , portal3= Law 13th-century establishments Counter-Reformation Legal professions Catholic ecclesiastical titles