Abstract

Throughout its history the institutionalised Church has sought in different ways to define its position with respect to the ‘world’, in order to give meaning to the injunction to be ‘in’ this world but not ‘of’ it. During the Middle Ages, the tension was acute because the Church, in its narrow definition of the clergy, claimed to be a separate, spiritual order, set apart from the temporal world. The tangible results of this dichotomy are particularly evident with respect to the real property held by ecclesiastical institutions. Property gave the Church the security to be independent from the lay power and the aristocracy; hence the Church claimed varying degrees of immunity for its property from secular jurisdictions.

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