A conservator (from la, , lit=a keeper, preserver, defender), was a judge delegated by the

pope The pope ( la, papa, from el, πάππας, translit=pappas, 'father'), also known as supreme pontiff ( or ), Roman pontiff () or sovereign pontiff, is the bishop of Rome (or historically the patriarch of Rome), head of the worldwide Cathol ...

to defend certain privileged classes of persons – as

universities A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. ''University'' is derived from the Latin phrase ''universitas magistrorum et scholarium'', which ...

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. Subcategories of religious orders are: * canons regular (canons and canone ...

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 booksto ...

, 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, and warrant. Process normally takes effect by ...

. Conservators were appointed as early as the 13th century; the title was given to officers appointed by the Synod of Würzburg in 1287 to protect the privileges of certain religious persons.

History

Pope Innocent IV Pope Innocent IV ( la, Innocentius 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 universitie ...

presupposed their existence in the decree from which we first learn their power. Owing to abuses and complaints the

Council of Trent The Council of Trent ( la, Concilium Tridentinum), 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, it has been described ...

limited their

jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...

, but new controversies, often recurring, caused popes

Clement VIII Pope Clement VIII ( la, Clemens VIII; it, Clemente VIII; 24 February 1536 – 3 March 1605), born Ippolito Aldobrandini, was head of the Catholic Church and ruler of the Papal States from 2 February 1592 to his death in March 1605. Born ...

Gregory XV Pope Gregory XV ( la, Gregorius XV; it, Gregorio XV; 9 January 15548 July 1623), born Alessandro Ludovisi, was head of the Catholic Church and ruler of the Papal States from 9 February 1621 to his death in July 1623. Biography Early life Al ...

, and

Innocent X Pope Innocent X ( la, Innocentius X; it, Innocenzo 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 Januar ...

to define their privileges more precisely. Troubles continued to arise, especially concerning the conservators of religious orders.

Pope Clement XIII Pope Clement XIII ( la, Clemens XIII; it, Clemente 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. ...

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 ( lat, Sancta Sedes, ; it, Santa Sede ), also called the See of Rome, Petrine See or Apostolic See, is the jurisdiction of the Pope in his role as the bishop of Rome. It includes the apostolic episcopal see of the Diocese of R ...

. 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 ...

. According to law, these officials were to be chosen from among the

prelate A prelate () is a high-ranking member of the Christian clergy who is an ordinary or who ranks in precedence with ordinaries. The word derives from the Latin , the past participle of , which means 'carry before', 'be set above or over' or 'pref ...

s or dignitaries of

cathedral A cathedral is a church that contains the ''cathedra'' () of a bishop, thus serving as the central church of a diocese, conference, or episcopate. Churches with the function of "cathedral" are usually specific to those Christian denominatio ...

and

collegiate church In Christianity, a collegiate church is a Church (building), church where the daily office of worship is maintained by a college (canon law), college of canon (priest), canons: a non-monastic or secular clergy, "secular" community of clergy, organis ...

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 meaning "assembly" or "meeting" and is analogous with the Latin word mea ...

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 The ...

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 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 provinces were administratively associat ...

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