The Church and the Empire, Being an Outline of the History of the Church from A.D. 1003 to A.D. 1304 by D. J. (Dudley Julius) Medley
page 65 of 272 (23%)
page 65 of 272 (23%)
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Arising out of these feudal relations certain rights over the possessions of ecclesiastics and ecclesiastical bodies were claimed by the Crown, which were the cause of serious oppression. According to the Canon Law, the bishop was only the usufructuary of the lands and revenues belonging to his see. The lands and revenues belonged to the Church. But inasmuch as these had been originally in most cases the gift of the Crown, the King claimed to deal with them in the method applied to feudal holdings. By the right of _regale_, on the vacancy of a see through death, resignation, or deprivation of the bishop, the royal officers took possession of the temporalities, that is, the land and revenues, and administered them for the profit of the Crown so long as the see was vacant. The Crown did not hesitate to use the episcopal patronage and to fill up vacant canonries and benefices with its own followers, and it often took the opportunity to levy upon the inhabitants of the diocese a special tax--_tallagium_, _tallage_, or _taille_--which a landlord had a right of exacting from his unfree tenants. It was to the interest of the Crown to prolong a vacancy, and attempts to limit the exercise of the right were of little practical effect. [Sidenote: Right of spoils.] An even more extraordinary claim was to the right of spoils (_jus spolii_ or _exuviarium_). The canonical law forbidding the bishop to deal by will with the property attached to his see, was interpreted as applying to everything which he had not inherited. Thus the furniture of his house and the money in his chest were claimed as of right by the canons of his cathedral, but were often plundered by the crowd of the city or by the local nobles. These lawless |
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