Mansus Ecclesiae

Mansus is in reality equivalent to locus, ubi quis MANET, the residence including the portion of land belonging to it (huoba), and both expressions are sometimes used the one for the other (see Du Fresne, s.v.; Grimm, Deutsche Rechtsalterthiinmer, p. 536; Eichhorn, Deutsche Rechtsgeschichte, vol. i, § 84; Guerard, Polyptique de l'abb Irminon [Paris, 1844, 4to]). Birnbaum, in Die rechtliche Natur der Zehnzten (Bonn, 1831), p. 174, is of opinion that the word mansus is derived from manumissio or mancipiumm, from the slaves in early times becoming free in obtaining an estate, a mansus hereditarius. But, putting aside the philological difficulties, we find that the mansi were properties with which serfs (glebae adscripti) or even freemen were invested on some conditions, hence the distinction between mansi serviles and ingenuiles (Grimm, p. 537; Eichhorn, vol. i, § 83). In the 9th century the whole of France was divided into mansi, as the taxes were based on this division, as well as the obligation to military service (see Capitulare, i, a. 803, c. 1, a. 807, 811; Pertz, Monumenta Germaniae, 3:119, 172; Walter, Corpusjuris Germanici, 2:228; Hincnmari Remensis Annales, ad a. 866, 877). The Church itself was not free from these taxes, but paid according to the number of mansi it held (see Capitul. Aquisgran. a. 812, cap. 11; Pertz, 3:175: 'Ut de rebus unde censum ad partem regis exire solebat, si ad aliquam ecclesiam traditae sunt, aut tradantur propriis heredibus, aut qui eas retinuerit, vel illum censum persolvat"), with the exception of those which they held from the liberality of the king, and which were given with such immunities; as also the mansi forming the dos of a church, and given to it at its foundation. SEE IMMUNITY. In this case the immunity covered the whole mansus (mansus integer), and it became the duty of the incumbents to see to it that their privilege was not infringed (see Capitulare Wormatiense, a. 829, cap. generalia, no. 4; Pertz, 3:350). This principle was also adhered to afterwards, so that both Gratian (see c. 24, 25, can. xxiii, qu. viii) and Raymondus a Pennaforte (c. i, x, de censibus, 3:39) considered it well to recall these enactments. The size of the mansus did not always remain the same; yet it was at all times calculated so as to afford a dos competens to the church, the income from which would be sufficient to defray the expenses of worship and to supply the greater part of the requisites of the clergy (see Ziegler, De dote ecclesiastica ejusquejuribus et privilegiis [Wittemb. 1686, 4to], chap. vii, § 34 sq.). If we study the history of the establishment of Christianity in the different countries, we find that many adopted these principles of the French law. Thus in Prussia, at the foundation of churches, they were each endowed with eight hides of land. In 1232 we see the parishes of Kulm and Thorn receiving besides forty hides. When in 1249 peace was made with the heathen Prussians, a stipulation required that each new church should receive a dos of eight hides (see Voigt, Gesch. Preussens, 2:239, 630). The later documents on the subject (see Voigt, Codex diplomaticus Prussicus) show that this custom was observed in after times. This practice of church endowments was continued notwithstanding the changes introduced by the Reformation. See Jacobson, Gesch. der Quellen d. evangelischen Kirchenrechts von Preussen, 1:2, Urkunden, p. 8, 25, etc.; Moser, Algem. Kimrchenbl. 1856, p. 141 sq.; Berlin Evang. Kirchenzeit. 1857, No. 9; Herzog, Real-Encyklopädie, 9:1. (J. N. P.)