Legal Definitions - restitutione temporalium

Restitutione temporalium is a historical legal term from ecclesiastical law, referring to a writ or legal order. It commanded the restoration of the secular assets and revenues of a diocese—known as its "temporalities"—to its rightful bishop. These temporalities included lands, buildings, rents, and other forms of income that supported the diocese's administrative and financial operations, distinct from its spiritual functions.

Here are some examples illustrating its application:

• Royal Seizure During a Dispute: Imagine a historical period in England where a monarch, embroiled in a political or religious dispute with the Church, temporarily seized the lands, manors, and income belonging to the Diocese of Durham. Once the conflict was resolved and an agreement reached, a restitutione temporalium writ would be issued. This legal order would compel the royal officials, often through the local sheriff, to return all the seized properties, collected rents, and other secular assets back to the Bishop of Durham, thereby restoring the diocese's financial independence and administrative capacity.

• Vacancy and New Appointment: When a bishopric became vacant due to death or resignation, there was often an interim period before a new bishop was appointed. During this "interregnum," the crown or a designated secular authority might take temporary control of the diocese's temporalities to manage them and prevent loss. Upon the official consecration and installation of a new Bishop of Salisbury, for example, a restitutione temporalium would be dispatched. This legal instrument would formally instruct the royal administrators to hand over control of all the diocese's estates, endowments, and financial accounts to the newly appointed bishop, allowing him to assume full responsibility for the diocese's secular affairs.

• Usurpation by a Local Lord: Consider a scenario where a powerful local baron, perhaps during a period of weak central government, unlawfully claimed control over certain agricultural lands or collected tithes that historically belonged to the Diocese of Lincoln. If the diocese successfully petitioned the ecclesiastical courts or the crown for redress, a restitutione temporalium could be issued. This writ would direct the sheriff to intervene and ensure that the baron ceased his unlawful control and that all revenues and management of the disputed lands were returned to the Bishop of Lincoln, reinforcing the diocese's legal rights to its temporal assets.