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Legal Definitions - lay impropriator
Definition of lay impropriator
A lay impropriator is an individual or a secular entity (meaning not part of the clergy or a church body) who holds the rights to the income or property traditionally associated with a church office or benefice. Historically, this often meant owning the right to collect tithes (a portion of agricultural produce or income) or other revenues from a parish. While the lay impropriator benefits from these ecclesiastical revenues, they do not perform the spiritual duties themselves; instead, they are typically responsible for ensuring that religious services are provided, often by paying a vicar or curate.
Here are some examples to illustrate this concept:
Example 1: Historical Landowner
Imagine a powerful noble family in 17th-century England who, through royal grant following the dissolution of monasteries, acquired vast estates. Included in these estates were the rights to collect all the tithes from several local parishes. The head of the family, a duke, was a prominent politician and landowner, not a priest. He would collect the income from these tithes and, in return, was responsible for ensuring that a vicar was appointed and paid to conduct services in those parishes. The duke, in this scenario, was a lay impropriator because he, a non-clergyman, held the financial rights to church revenues without performing the spiritual duties.
Example 2: Secular Charitable Trust
Consider a modern charitable trust, established centuries ago by a wealthy merchant family with no religious affiliations, that still owns the historical "great tithes" (major agricultural tithes) of a small, rural English parish. The trust's board members are all secular professionals, such as lawyers and accountants. The income generated from these tithes is used by the trust to maintain the ancient parish church building and contribute to the stipend of the current vicar. The trust, as a non-religious legal entity holding these historical church revenues, acts as a lay impropriator, managing the financial and maintenance responsibilities without any of its members engaging in spiritual leadership.
Example 3: University College
An ancient university college, founded in the medieval period, was endowed with the impropriated tithes and glebe lands (land belonging to a parish church) of several distant parishes. The college itself is a secular academic institution focused on education and research. The revenue generated from these historical church holdings is used by the college to support its academic programs and maintain its own college chapel. The actual spiritual care and services in those distant parishes are provided by vicars appointed and paid by the local diocese, not by the college. In this case, the university college, as a non-clerical body benefiting from these historical ecclesiastical revenues, functions as a lay impropriator.
Simple Definition
A lay impropriator is a layperson, meaning someone who is not a member of the clergy, who holds a benefice or other spiritual impropriation. This means they have the right to receive the income, such as tithes and revenues, from a church's property, despite not performing the associated religious duties.