In commendam: differenze tra le versioni
Contenuto cancellato Contenuto aggiunto
mNessun oggetto della modifica |
mNessun oggetto della modifica |
||
Riga 8:
Nel mondo commerciale medioevale furono usati gli stessi termini, ma con un significato più caratteristico: Quando un mercante partiva per una impresa commerciale per terre lontane, raccoglieva presso parenti e amici somme di denaro necessarie per l'impresa: chi dava il danaro si chiamava accomandante e rispondeva solo nei limiti del capitale investito, chi lo riceveva si chiamava accomandatario, amministrava l'impresa, ma rispondeva illimitatamente o, come si diceva, [[ultra vires]]. Anche le diritto successivo rimase l'istituto che nel diritto italiano moderno è la [[società in accomandita semplice]] e la [[Società in accomandita per azioni|società in accomandita per azioni]].
<!-- In [[canon law]], '''commendam''' (or '''''in commendam''''') was a form of transferring an [[Benefice|ecclesiastical benefice]] ''in trust'' to the ''custody'' of a [[Patronage|patron]]. The practice of benefices held ''in commendam'' came into widespread use and abuse in the 14th and 15th centuries, but the origins can be found in the [[Early Middle Ages]]; then, during periods of upheaval and invasion, church property (ecclesiastical benefices) would be given to a member of the church to safeguard until order was restored.
The phrase ''in commendam'' was originally applied to the provisional occupation of an ecclesiastical benefice, which was temporarily without an actual occupant – a corollary of the phrase ''[[Titulus|in titulum]]'', which was applied to the regular and unconditional occupation of benefices. An abbot thus ''in commendam'' was a patron, not the working head of an abbey on the site; he drew the revenue, but was not concerned with the abbey's working or spiritual discipline. Abbots in commendam ordinarily did not reside in their [[abbey]].
==History==
The origins of the practice can be found in the [[Early Middle Ages]] when temporarily unoccupied church property (ecclesiastical benefice) would be temporarily entrusted to the protection of a member of the church, to safeguard it until order was restored and a new permanent holder of the position was granted ''in titulus''. The safeguarder would receive any revenues generated from the property in the meantime. Each of the early [[basilica]]s of Rome was under the guardianship of a patron.
Specifically, the custom of giving benefices ''in commendam'' dates from the fourth century. In a letter [[Ambrose]] makes mention of a church which he gave ''in commendam'', while he was [[Bishop of Milan]]: "Commendo tibi, fili, Ecclesiam quae est ad Forum Cornelii... donec ei ordinetur episcopus" (Epistle ii). The Third Council of Orléans, (538), in its eighteenth canon reserves the right of granting commendams to bishops, an early move against [[proprietary church]]es and abbeys, less common in Gaul than they were in Germany. [[St. Gregory the Great]] on various occasions gave churches and monasteries ''in commendam'' to such bishops as had been driven from their sees by the invading barbarians, or whose own churches were too poor to furnish them a decent livelihood<ref> Gregory, ''Epistles'' i, 40; ii, 38; iii, 13; vi, 21; in P. L., LXXVII, 493, 577, 614, 812.</ref>.
The practice of granting benefices ''in commendam'' was employed by [[Pope Gregory the Great]] (590-604).
When in 1122 the [[Investiture Controversy]] was settled in favor of the church, the appointment of laymen as abbots ''in commendam'' was abolished.
The practice came into widespread use in the 14th and 15th centuries, and was open to abuse; such benefices were multiplied in the hands of favored cardinals, who accepted them like lay [[absentee landlord]]s, increasing the coffers of favorite church members. The arrangements were no longer temporary and could last a lifetime. Monastic communities, from which the grants were taken, were hard hit; they lost the revenues and gained nothing in return.
By the 16th century the practice was less common, but remains to this day in limited form. The pope today has reserved to himself the right of giving benefices ''in commendam'', but makes use of this right only in cases of [[cardinal (Catholicism)|cardinals]] who reside in [[Rome]].
==Church of England==
In the Church of England the stipends of some bishops were sometimes augmented by the stipends of benefices held ''in commendam''. These were made illegal by the Ecclesiastical Commissioners Act 1836 (c.77), section 18, which is still in force.
==Etymology==
The word "commendam" is the accusative of the [[Low Latin]] noun ''commenda'', "trust", or "custody", which is derived from the verb ''commendare'' ("to give in trust"). The phrase in ''commendam'' was originally applied to the provisional collation and occupation of an [[ecclesiastical benefice]] which was temporarily without an actual occupant. It was thus opposed to the phrase in ''[[titulum]]'' which was applied to the regular and unconditioned collation of benefices.
==Notes==
{{reflist}}
==References==
*[http://www.newadvent.org/cathen/07719a.htm ''Catholic Encyclopedia'':] "In commendam"
*[http://www.newadvent.org/cathen/04155b.htm ''Catholic Encyclopedia'':] "Commendatory Abbot"
*[http://www.statutelaw.gov.uk/content.aspx?ActiveTextDocId=1030947 ''UK Statute Law Database'':] Ecclesiastical Commissioners Act 1836 (c.77) -->==Colegamenti esterni==
*[http://www.newadvent.org/cathen/07719a.htm ''Catholic Encyclopedia'':] "In commendam"
*[http://www.newadvent.org/cathen/04155b.htm ''Catholic Encyclopedia'':] "Commendatory Abbot"
| |||