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Bible Encyclopedias
Incorporation
Cyclopedia of Biblical, Theological and Ecclesiastical Literature
or The incorporation of a church benefice consists in its being joined quoad spiritualia et temporalia with a spiritual corporation, such, for ‘ instance, as a convent or a monastery. We find many instances of such incorporations in the 9th century, and they were most generally the result of efforts to increase the revenues of the corporations. The modus operandi was to abolish the separate office connected with a benefice, and to give the temporal advantages to the corporation, which also added the spiritual offices connected therewith to its other duties, supplying them with ministerial services. For instance, a regular pastor (parochus principalis) was appointed, who committed the care of souls to a vicar appointed by himself, under sanction of the bishop. This vicar then filled the office of cura animarunm ctualis, whilst the convent or monastery had but a cura habitualis. The canon laws in such cases soon prescribed the appointment of permanent vicars (vicarii peypetui), although in many instances, especially in Germany, many convents appointed only temporary vicars, and even entrusted the care of souls to members of their order who did not reside in the parish. Essentially different from these "pleno jure" or "utroque jure" incorporations were exclusively temporal unions of the revenues of livings with spiritual corporations, which were also often designated as incorporationes quoad temporalia. In these cases the income only of the livings went to the convents, together with all the revenues accruing there from, they in exchange undertaking to give to the incumbent minister an adequate support (portio cosngryua). The spiritual office, spiritualia, remained unaffected by this arrangement, and was filled by the bishop, according to the wishes of the convent. The numerous abuses which were introduced in both these kinds of incorporations were denounced by the Council of Trent (Sess. 7, c. 7, De reform.). The council also forbade the union of parish churches with convents, monasteries, hospitals, etc. (Sess. 24, c. 13; Sess. 7, De reform,. c. 6). In consequence of the secularization of convents and monasteries, the whole organization has mostly fallen into disuse; the parish administrators are about the only remains of the incorporation system. See Neller, De juribus parochi primitivi (in Schmid, Thesaur. jurs. eccl. 6, 441 sq.); Herzog, Real- Encyklopadie, 6:649.
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McClintock, John. Strong, James. Entry for 'Incorporation'. Cyclopedia of Biblical, Theological and Ecclesiastical Literature. https://www.studylight.org/encyclopedias/eng/tce/i/incorporation.html. Harper & Brothers. New York. 1870.
