Law firm rules

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Chancellery rules ( Regulae cancellariae apostolicae ) are legal sources of medieval church law . These are legal principles that should standardize the business of the papal chancellery . They were in a firm book entered that even as cancellariae Liber in simplification of the original title liber regularum cancellariae was referred to, but which the Liber provincialis and the Liber cancellariae that the address of the Curia and the formulas for privileges and litterae to distinguish contain, is. An original has not been preserved, we only know the content from copies and compilations that employees of the law firm have made for their daily work. The first chancery rules emerged in Italy during the 13th century.

Emergence

The development of the law firm rules was unsystematic. During the papal period in Avignon , they were increasingly systematized. Immediately after his election, each Pope issued a chancellery rule. Law firm rules were not locally restricted or subordinate to a higher jurisdiction. Chancellery rules always applied to the time of a pontificate , the subsequent Pope mostly followed the chancellery rules of his predecessor, but often changed or rejected them. In the words of Medievalist Andreas Meyer , law firm rules represent “a kind of living text”. The rules have been tangible since Boniface VIII , since John XXII. they are passed down continuously. The rules were widely distributed in copies and have been printed since Paul II .

Legal nature

The chancellery rules served the administration of the ecclesiastical material assets and the intangible church treasures . Originally, chancellery rules were not a universal part of canon law, but had their roots in internal chancellery regulations for the formal design of papal documents, later these were gradually expanded and set up universal regulations, such as the papal curia dealing with spiritual privileges , benefits , indults and Had to regulate dispensing . In particular, the reservation rights of the Pope with regard to the occupation of the dioceses and important monasteries are arranged therein. In addition, the prebends in the cathedral posts and other posts, as well as the benefices of cardinals were standardized.

A chancellery rule from Pope Sixtus IV can serve as an example . Its rule VII read: "Item reservavit omnia beneficia cubiculariorum et cursorum suorum" , thus decreed the reservation of all benefits of the papal cubicular and messengers.

If the Pope had concluded a concordat with a prince , his provisions took precedence over the chancellery rules. Since the 15th century, the chancellery rules have been referred to as "Regulae, ordinationes et constitutiones cancellariae apostolicae" (rules, ordinances and provisions of the apostolic chancellery), and from this point on, numerous legal commentaries on these legal sources were created .

swell

  • Emil von Ottenthal : Regulae Cancellariae Apostolicae. The papal chancellery rules of John XXII. to Nikolaus V., collected and published, Aalen 1968 (reprint of the Innsbruck edition 1888). ISBN 3-511-00342-3 Digital copies at archive.org
  • Pope Innocent VIII: Regulae cancellariae apostolicae. Print Strasbourg around 1500 with commentary by Alfonsus de Soto ( digital version )

literature

  • Thomas Frenz: Papal documents of the Middle Ages and modern times. Stuttgart, 2000, p. 97. ISBN 3-515-07788-X
  • Andreas Meyer : Late medieval papal chancellery rules . In: Gisela Drossbach (Hrsg.): From order to norm: Statutes in the Middle Ages and early modern times . Paderborn 2010, ISBN 978-3-506-76707-3 , pp. 95-108.
  • Law firm rules . In: Former Academy of Sciences of the GDR, Heidelberg Academy of Sciences (Hrsg.): German legal dictionary . tape 7 , issue 2 (edited by Günther Dickel , Heino Speer, with the assistance of Renate Ahlheim, Richard Schröder, Christina Kimmel, Hans Blesken). Hermann Böhlaus successor, Weimar 1975, OCLC 832567064 ( adw.uni-heidelberg.de ). Papal norms and instructions for regulating curial chancellery practice

Web links

Individual evidence

  1. ^ Harry Bresslau : Handbook of document teaching for Germany and Italy. Volume 1. Walter de Gruyter, Berlin 1969, pp. 349-352
  2. ^ Andreas Meyer: Late medieval papal chancellery rules . In: Gisela Drossbach (Hrsg.): From order to norm: Statutes in the Middle Ages and early modern times . Paderborn 2010, pp. 95-108.
  3. ^ Andreas Meyer: Late medieval papal chancellery rules . In: Gisela Drossbach (Hrsg.): From order to norm: Statutes in the Middle Ages and early modern times . Paderborn 2010, p. 101.
  4. ^ Andreas Meyer: Late medieval papal chancellery rules . In: Gisela Drossbach (Hrsg.): From order to norm: Statutes in the Middle Ages and early modern times . Paderborn 2010, p. 96 f.
  5. ^ Andreas Meyer: Papal Chancellery Rule of Pope Sixtus IV. Rule VII. P. 3; Digitized version (PDF; PDF; 740 kB)
  6. ^ Andreas Meyer: Late medieval papal chancellery rules . In: Gisela Drossbach (Hrsg.): From order to norm: Statutes in the Middle Ages and early modern times . Paderborn 2010, p. 96.
  7. ^ Thomas Frenz: Papal documents of the Middle Ages and modern times . Stuttgart, 2000, p. 97.