The royal law of patronage as a mechanism of state regulation of the financial and property situation of the Basilian monasteries of the Commonwealth

Abstract

The purpose of the research is to investigate the evolution of the royal right of patronage on the basis of the privileges of the Lavriv Basilian Monastery. The research methodology is based on analytical and synthetic critique of royal privileges. A comparison of different editions of privileges, which were preserved in the confirmations of later times or were included in the majestic books of the Standing Committee of the Governor’s Office in Lviv, was made. Preference is given to the use of accrued privileges in the city act books. The scientific novelty of the research is seen in the establishment of the legal influence of the royal administration on the activities of the Basilian monasteries. The Conclusions. The Polish administration tried to control the activities of the self-governing bodies of the Basilian Order, demanding that its Constitutions be in accordance with the religious legislation of the Commonwealth. During the 17th – 18th centuries, the royal right of patronage in the Basilian Order underwent a certain evolution: from the appointment of hegumens, archimandrites to the regulation of property security. Such changes were due to the desire of the Order to achieve full self-government. For this purpose, the Basilian monasteries were removed from the jurisdiction of the local bishops and handed over to the protoarchimandrite. Protohegumens received the right not only to represent, but also to appoint hegumens of monasteries. The royal administration retained a limited right to approve candidates for the positions of archimandrites, with the exception of the protoarchimandrite, who was elected by the General Chapter of the Order. At this time there is a transition to the introduction of the election of senior administrative positions (protoarchimandrite, protohegumen, general and provincial consuls), while the middle (archimandrite) and lower (hegumen) rank of officials of the Order retained the ancient right to appoint as king (archimandrite), so on the part of the provincial administration (hegumens). The analyzed system of the administrative system of the Order was based on a mixed form of government: the election and appointment of officials at different levels (local, provincial, general). However, the restriction of the administrative component in the royal law of patronage did not mean its complete elimination, because the next component – property regulation – continued to operate. Royal privileges transferred table land ownership to the use of monasteries located on their lands, and determined their economic rights and freedoms.