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Legal Definitions - sine assensu capituli

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Definition of sine assensu capituli

SINE ASSENSU CAPITULI

Sine assensu capituli is a legal term that means "without the consent of the chapter." It refers to a writ that allows a successor to recover land that was sold or transferred by a former bishop, abbot, or prior without the permission of the chapter.

For example, if a bishop sold a piece of land that belonged to the church without the approval of the chapter, the new bishop could use a sine assensu capituli writ to reclaim the land for the church.

Another example would be if an abbot transferred ownership of a monastery's property to a private individual without the consent of the chapter, the new abbot could use a sine assensu capituli writ to regain control of the property for the monastery.

These examples illustrate how the sine assensu capituli writ was used to protect the interests of the church and prevent individuals from selling or transferring church property without proper authorization.

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Simple Definition

Term: SINE ASSENSU CAPITULI

Definition: Sine assensu capituli is a legal term that means "without the consent of the chapter." It refers to a writ that allows a successor to recover land that was sold or given away by a former bishop, abbot, or prior without the permission of the chapter. The chapter is a group of people who have authority over the church or monastery, and their consent is required for any major decisions. This writ was used in historical times to protect the property of the church or monastery from being taken away without proper authorization.

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A 'reasonable person' is a legal fiction I'm pretty sure I've never met.

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