Droit de régale
Encyclopedia
Droit de régale, a medieval legal term, originally denoted those rights that belonged exclusively to the king
, either as essential to his sovereignty (jura majora, jura essentialia), such as royal authority; or accidental (jura minora, jura accidentalia), such as the right of the chase, of fishing, mining, etc. By abuse, many sovereigns in the Middle Ages and in later times claimed the right to seize the revenues of vacant episcopal see
s or imperial abbeys, and gradually jus regaliae came to be applied almost exclusively to this assumed right.
; others make it part of the feudal system; still others derive it from the advowson
, or right which patrons or protectors had over their benefices. Ultimately, it had its origin in the assumption that bishoprics and imperial abbeys, with all their temporalities and privileges, were royal estates given as fiefs to the bishops or abbots, and subject to the feudal laws of the times. At first the right was exercised only during the actual vacancy of a see or abbey, but later it was extended over the whole year following the death of the bishop or abbot. Often the temporal rulers also claimed the right to collate all the benefices that became vacant during the vacancy of a diocese, with the exception of those to which the care of souls was attached.
, who, after the death of Lanfranc
in 1089, kept the Diocese of Canterbury
vacant for more than three years, during which period the king seized all the archiepiscopal revenues. During the reign of Henry II of England
(1154–89) it had become an established practice for the King of England to take possession of the revenues of all vacant dioceses. That the pope did not recognize the right is manifest from the fact that Pope Alexander III
condemned article 12 of the Council of Clarendon (1164), which provided that the king was to receive, as of seigniorial right (sicut dominicos), all the income (omnes reditus et exitus) of a vacant archbishopric, bishopric, abbacy, or priory in his dominion. In 1176 Henry II promised the papal legate
never to exercise the right of regalia beyond one year. With the exception of a few short periods, the right continued to be exercised by the English kings until the Protestant Reformation
. Even at present the English Crown exercises it over the temporalities of vacant (Anglican) dioceses.
(1138–52), and Emperor Frederick I (1155–89) are known as the first to have claimed it. Frederick I exercised it in its utmost rigour and styles it "an ancient right of kings and emperors". King Philip of Swabia
reluctantly renounced it, together with the jus spolii
to Pope Innocent III
in 1203. Emperor Otto IV did the same in 1209. Emperor Frederick II renounced it to Innocent III, first at Eger
, on 12 July 1213, then in the Privilege of Würzburg
, in May, 1216, and again to Pope Honorius III
, at Hagenau, in September, 1219. In 1238 he began to exercise it anew, but only during the actual vacancy of dioceses, not for a whole year, as he had done previously. After the death of Frederick II the claims of the German Emperors to this right gradually ceased. The revenues of vacant dioceses in Prussia
went to the succeeding bishop; in Bavaria
, to the cathedral church; in Austria
, to the "Religionsfond".
, when, in 1143, Bernard of Clairvaux
complains, in a letter to the Bishop of Palestrina, that in the Church of Paris the king had extended the droit de régale over a whole year. Pope Boniface VIII
, in his bull Ausculta fili
, of 5 December 1301, urged Philip the Fair to renounce it, but without avail. In France the right did not belong exclusively to the king: it was also exercised by the Dukes of Normandy, Dukes of Brittany, and Dukes of Burgundy, and by the Counts of Champagne and Counts of Anjou. Entirely exempt from it were the ecclesiastical province of Bordeaux, province of Auch, province of Narbonne, province of Arles, province of Aix, province of Embrun, and province of Vienne.
The Second Council of Lyons (1274) forbade anyone, under pain of excommunication
, to extend the jus regaliae over any diocese which was at that time exempt from it, and in 1499 Louis XII gave strict orders to his officials not to exercise it over exempt dioceses. Towards the end of the sixteenth century the restriction of the Council of Lyons began to be disregarded, and on 24 April 1608, the Parliament decided that the king had the droit de régale over all the dioceses of France; but Henry IV of France
did not carry this parliamentary decision into effect.
On 10 February 1673, Louis XIV issued a declaration, extending the droit de régale over all France. The Parliament was pleased, and most bishops yielded without serious protest, only Nicolas Pavillon
, of Alet, and François de Caulet, bishop of Pamiers, both Jansenists, resisting. These at first sought redress through their metropolitans, but when the latter took the king's side they appealed, in 1677, to Pope Innocent XI
. In three successive Briefs the pope urged the king not to extend the right to dioceses that had previously been exempt. The General Assembly of the French clergy, held at Paris in 1781-2 sided with the king, and, despite the protests of Innocent XI, Alexander VIII, and Innocent XII, the right was maintained until the French Revolution
.
Napoleon I
attempted to restore it in a decree dated 6 November 1813, but his downfall in the following year frustrated his plan. In 1880 the Third Republic
again asserted the right, overstepping even the limits of its former application.
King
- Centers of population :* King, Ontario, CanadaIn USA:* King, Indiana* King, North Carolina* King, Lincoln County, Wisconsin* King, Waupaca County, Wisconsin* King County, Washington- Moving-image works :Television:...
, either as essential to his sovereignty (jura majora, jura essentialia), such as royal authority; or accidental (jura minora, jura accidentalia), such as the right of the chase, of fishing, mining, etc. By abuse, many sovereigns in the Middle Ages and in later times claimed the right to seize the revenues of vacant episcopal see
Episcopal See
An episcopal see is, in the original sense, the official seat of a bishop. This seat, which is also referred to as the bishop's cathedra, is placed in the bishop's principal church, which is therefore called the bishop's cathedral...
s or imperial abbeys, and gradually jus regaliae came to be applied almost exclusively to this assumed right.
Rationale
It is a matter of dispute on what ground the temporal rulers claimed these revenues. Some hold that it is an inherent right of sovereignty; others, that it is a necessary consequence of the right of investitureInvestiture 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...
; others make it part of the feudal system; still others derive it from the 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...
, or right which patrons or protectors had over their benefices. Ultimately, it had its origin in the assumption that bishoprics and imperial abbeys, with all their temporalities and privileges, were royal estates given as fiefs to the bishops or abbots, and subject to the feudal laws of the times. At first the right was exercised only during the actual vacancy of a see or abbey, but later it was extended over the whole year following the death of the bishop or abbot. Often the temporal rulers also claimed the right to collate all the benefices that became vacant during the vacancy of a diocese, with the exception of those to which the care of souls was attached.
History
It is difficult to determine when and where the jus regale was first exercised. In the West Frankish Kingdom it made its first appearance probably towards the end of the Carolingian dynasty, that is, in the course of the tenth century.England
The first historical mention we find of it is in connexion with King William II of EnglandWilliam II of England
William II , the third son of William I of England, was King of England from 1087 until 1100, with powers over Normandy, and influence in Scotland. He was less successful in extending control into Wales...
, who, after the death of Lanfranc
Lanfranc
Lanfranc was Archbishop of Canterbury, and a Lombard by birth.-Early life:Lanfranc was born in the early years of the 11th century at Pavia, where later tradition held that his father, Hanbald, held a rank broadly equivalent to magistrate...
in 1089, kept the Diocese of Canterbury
Diocese of Canterbury
The Diocese of Canterbury is a Church of England diocese covering eastern Kent, founded by St. Augustine of Canterbury in 597. It is centred on Canterbury Cathedral, and is the oldest see of the Church of England....
vacant for more than three years, during which period the king seized all the archiepiscopal revenues. During the reign of Henry II of England
Henry II of England
Henry II ruled as King of England , Count of Anjou, Count of Maine, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. Henry, the great-grandson of William the Conqueror, was the...
(1154–89) it had become an established practice for the King of England to take possession of the revenues of all vacant dioceses. That the pope did not recognize the right is manifest from the fact that Pope Alexander III
Pope Alexander III
Pope Alexander III , born Rolando of Siena, was Pope from 1159 to 1181. He is noted in history for laying the foundation stone for the Notre Dame de Paris.-Church career:...
condemned article 12 of the Council of Clarendon (1164), which provided that the king was to receive, as of seigniorial right (sicut dominicos), all the income (omnes reditus et exitus) of a vacant archbishopric, bishopric, abbacy, or priory in his dominion. In 1176 Henry II promised the papal legate
Papal legate
A papal legate – from the Latin, authentic Roman title Legatus – is a personal representative of the pope to foreign nations, or to some part of the Catholic Church. He is empowered on matters of Catholic Faith and for the settlement of ecclesiastical matters....
never to exercise the right of regalia beyond one year. With the exception of a few short periods, the right continued to be exercised by the English kings until the Protestant Reformation
Protestant Reformation
The Protestant Reformation was a 16th-century split within Western Christianity initiated by Martin Luther, John Calvin and other early Protestants. The efforts of the self-described "reformers", who objected to the doctrines, rituals and ecclesiastical structure of the Roman Catholic Church, led...
. Even at present the English Crown exercises it over the temporalities of vacant (Anglican) dioceses.
Germany
In Germany Emperor Henry V (1106–25), Emperor Conrad IIIConrad III of Germany
Conrad III was the first King of Germany of the Hohenstaufen dynasty. He was the son of Frederick I, Duke of Swabia, and Agnes, a daughter of the Salian Emperor Henry IV.-Life and reign:...
(1138–52), and Emperor Frederick I (1155–89) are known as the first to have claimed it. Frederick I exercised it in its utmost rigour and styles it "an ancient right of kings and emperors". King Philip of Swabia
Philip of Swabia
Philip of Swabia was king of Germany and duke of Swabia, the rival of the emperor Otto IV.-Biography:Philip was the fifth and youngest son of Emperor Frederick I and Beatrice I, Countess of Burgundy, daughter of Renaud III, count of Burgundy, and brother of the emperor Henry VI...
reluctantly renounced it, together with the jus spolii
Jus Spolii
Jus Spolii, Latin for Right of Spoil, also called Jus Exuviarum or Rapite Capite, was a claim, exercised in the feudal era, of succession to the property of deceased clerics, at least such as they had derived from their ecclesiastical benefices.-History:It was an outcome of ancient canons which...
to Pope Innocent III
Pope Innocent III
Pope Innocent III was Pope from 8 January 1198 until his death. His birth name was Lotario dei Conti di Segni, sometimes anglicised to Lothar of Segni....
in 1203. Emperor Otto IV did the same in 1209. Emperor Frederick II renounced it to Innocent III, first at Eger
Eger
Eger is the second largest city in Northern Hungary, the county seat of Heves, east of the Mátra Mountains. Eger is best known for its castle, thermal baths, historic buildings , and red and white wines.- Name :...
, on 12 July 1213, then in the Privilege of Würzburg
Würzburg
Würzburg is a city in the region of Franconia which lies in the northern tip of Bavaria, Germany. Located at the Main River, it is the capital of the Regierungsbezirk Lower Franconia. The regional dialect is Franconian....
, in May, 1216, and again to Pope Honorius III
Pope Honorius III
Pope Honorius III , previously known as Cencio Savelli, was Pope from 1216 to 1227.-Early work:He was born in Rome as son of Aimerico...
, at Hagenau, in September, 1219. In 1238 he began to exercise it anew, but only during the actual vacancy of dioceses, not for a whole year, as he had done previously. After the death of Frederick II the claims of the German Emperors to this right gradually ceased. The revenues of vacant dioceses in Prussia
Prussia
Prussia was a German kingdom and historic state originating out of the Duchy of Prussia and the Margraviate of Brandenburg. For centuries, the House of Hohenzollern ruled Prussia, successfully expanding its size by way of an unusually well-organized and effective army. Prussia shaped the history...
went to the succeeding bishop; in Bavaria
Bavaria
Bavaria, formally the Free State of Bavaria is a state of Germany, located in the southeast of Germany. With an area of , it is the largest state by area, forming almost 20% of the total land area of Germany...
, to the cathedral church; in Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, to the "Religionsfond".
France
In France we find the first mention of it during the reign of Louis VIILouis VII of France
Louis VII was King of France, the son and successor of Louis VI . He ruled from 1137 until his death. He was a member of the House of Capet. His reign was dominated by feudal struggles , and saw the beginning of the long rivalry between France and England...
, when, in 1143, Bernard of Clairvaux
Bernard of Clairvaux
Bernard of Clairvaux, O.Cist was a French abbot and the primary builder of the reforming Cistercian order.After the death of his mother, Bernard sought admission into the Cistercian order. Three years later, he was sent to found a new abbey at an isolated clearing in a glen known as the Val...
complains, in a letter to the Bishop of Palestrina, that in the Church of Paris the king had extended the droit de régale over a whole year. Pope Boniface VIII
Pope Boniface VIII
Pope Boniface VIII , born Benedetto Gaetani, was Pope of the Catholic Church from 1294 to 1303. Today, Boniface VIII is probably best remembered for his feuds with Dante, who placed him in the Eighth circle of Hell in his Divina Commedia, among the Simonists.- Biography :Gaetani was born in 1235 in...
, in his bull Ausculta fili
Ausculta Fili
Ausculta Fili is a letter addressed 5 December 1301, by Pope Boniface VIII to Philip the Fair, King of France....
, of 5 December 1301, urged Philip the Fair to renounce it, but without avail. In France the right did not belong exclusively to the king: it was also exercised by the Dukes of Normandy, Dukes of Brittany, and Dukes of Burgundy, and by the Counts of Champagne and Counts of Anjou. Entirely exempt from it were the ecclesiastical province of Bordeaux, province of Auch, province of Narbonne, province of Arles, province of Aix, province of Embrun, and province of Vienne.
The Second Council of Lyons (1274) forbade anyone, under pain of excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
, to extend the jus regaliae over any diocese which was at that time exempt from it, and in 1499 Louis XII gave strict orders to his officials not to exercise it over exempt dioceses. Towards the end of the sixteenth century the restriction of the Council of Lyons began to be disregarded, and on 24 April 1608, the Parliament decided that the king had the droit de régale over all the dioceses of France; but Henry IV of France
Henry IV of France
Henry IV , Henri-Quatre, was King of France from 1589 to 1610 and King of Navarre from 1572 to 1610. He was the first monarch of the Bourbon branch of the Capetian dynasty in France....
did not carry this parliamentary decision into effect.
On 10 February 1673, Louis XIV issued a declaration, extending the droit de régale over all France. The Parliament was pleased, and most bishops yielded without serious protest, only Nicolas Pavillon
Nicolas Pavillon
Nicolas Pavillon was a French bishop of Alet and Jansenist. His attitude against Pope Alexander VII won him the admiration of Port-Royal. Alet became the "Mecca" of the Jansenists...
, of Alet, and François de Caulet, bishop of Pamiers, both Jansenists, resisting. These at first sought redress through their metropolitans, but when the latter took the king's side they appealed, in 1677, to Pope Innocent XI
Pope Innocent XI
Blessed Pope Innocent XI , born Benedetto Odescalchi, was Pope from 1676 to 1689.-Early life:Benedetto Odescalchi was born at Como in 1611 , the son of a Como nobleman, Livio Odescalchi, and Paola Castelli Giovanelli from Gandino...
. In three successive Briefs the pope urged the king not to extend the right to dioceses that had previously been exempt. The General Assembly of the French clergy, held at Paris in 1781-2 sided with the king, and, despite the protests of Innocent XI, Alexander VIII, and Innocent XII, the right was maintained until the French Revolution
French Revolution
The French Revolution , sometimes distinguished as the 'Great French Revolution' , was a period of radical social and political upheaval in France and Europe. The absolute monarchy that had ruled France for centuries collapsed in three years...
.
Napoleon I
Napoleon I
Napoleon Bonaparte was a French military and political leader during the latter stages of the French Revolution.As Napoleon I, he was Emperor of the French from 1804 to 1815...
attempted to restore it in a decree dated 6 November 1813, but his downfall in the following year frustrated his plan. In 1880 the Third Republic
French Third Republic
The French Third Republic was the republican government of France from 1870, when the Second French Empire collapsed due to the French defeat in the Franco-Prussian War, to 1940, when France was overrun by Nazi Germany during World War II, resulting in the German and Italian occupations of France...
again asserted the right, overstepping even the limits of its former application.
External links
- Catholic Encyclopedia article
- Ulrich Stutz article (with bibliography)