advowee's right, royal discretional right

Constanz
Sigismund
Sigismund 4
advowee's right

The Hungarian king's right - based on the idea of apostolic kingdom - to appoint prelates. It was never accepted officially by the Pope, because according to church law bishops could be appointed by the Pope or they could be elected by residence chapters. However, the king also had legal means to influence the appointment of the county bishop, who was member of the royal council. The church also accepted the king's right to recommend candidates for the chapter, and his right to accept the results of the elections. Finally, in connection with the appointment asserted by the Pope, the king had the right to introduce his candidate and ask the High Court of Justice in Rome to support him. King Sigismund wanted to introduce the adwowee's right of the Hungarian kings at the synod of Constanz . In the "Bull of Constanz", issued on 19 September 1417, the cardinals promised that the Popes would appoint the candidate of the king to Hungarian church positions. So the "Bull of Constanz" was not a letter of privilege to accept the advowee's right of Hungarian kings, but a promise from the cardinals, which desribed their duties. The Popes did not consider it a valid church law, they declared that it was against the canon law several times. Public opinion and the governing practice of rulers, however, were based on this charter in the 15th century. The cardinals' concession for the good of the king was explained by the fact that Hungary was the shield and impregnable wall of believers, which was the same as the title of Hungary as "the bastion of Christianity".

RGY


royal discretional right (placetum regium)

The king's right to approve or not to approve church orders. Before these orders were officially declared or executed the king had to assert them. In Hungary it was introduced by Sigismund's decree in 1404, in which he ordered that church possession which were donated by popes, papal legates and prelates earlier, should in the future be donated by the king or with his approval. He declared deeds of gift - which were issued by the Pope, cardinals or clerks of the Holy See - invalid. And those who accepted, declared or executed these without permission from the king, should be seriously punished - according to the decree: those persons should be deprived of their lands, animals or the person could lose his head. In concert with the canon law this decree was unlawful, as it granted the rights of the Holy See to the ruler.

RGY