ELEEMOSYNE

2 definitions found across Law Mind sources

ELEEMOSYNEAuthored
The Law Mind • 703 words
Definition
Eleemosyne (also spelled eleemosina) refers to possessions or property belonging to the church, held and administered for charitable or religious purposes. In medieval ecclesiastical law, the term denoted property donated to the church in frank almoign — that is, given freely and without secular service obligation — to be used for pious or charitable ends, including the relief of the poor. The term is closely associated with eleemosynaria, the physical storehouse or treasury within a religious house where common alms were deposited before distribution to the poor by the almoner, the officer charged with that function.
Common Confusion
ELEEMOSYNE should not be confused with ELEEMOSYNARY as an adjective, though both derive from the same root. Eleemosyne is the noun form naming the property itself — the charitable possessions — while eleemosynary describes institutions or acts of a charitable character. Researchers encountering eleemosyne in medieval or ecclesiastical texts are dealing with a property concept, not a description of an organization's charitable status. The term also overlaps with FRANK ALMOIGN (frankalmoin), the tenure by which such property was typically held. Eleemosyne describes what was held; frankalmoin describes the legal terms of holding.
Why It Matters in Research
This term appears almost exclusively in historical sources dealing with English ecclesiastical law, canon law, and medieval property tenure. It is effectively extinct in modern legal usage. Researchers will encounter it principally in: — Pre-Reformation English ecclesiastical records and monastic documentation — Treatises on tenure, particularly discussions of frankalmoin and the distinction between spiritual and temporal holdings — Blount's Nomo-Lexicon (the ultimate source cited by Rapalje & Lawrence), Cowell's Interpreter, and similar antiquarian legal dictionaries The practical research trap is mistaking eleemosyne for a living legal concept. It is not. Any modern legal argument drawing on the term would be doing so by historical analogy only, typically in disputes over church property, charitable trust origins, or the history of eleemosynary corporations. Corpus researchers should note that Rapalje & Lawrence compress two distinct but related entries — eleemosyne (the property) and eleemosynaria (the place of storage) — into a single passage. The two concepts are connected but not identical, and sources prior to Rapalje & Lawrence may treat them separately. The almoner (eleemosynarius) who administered distributions from the eleemosynaria was a recognized ecclesiastical officer whose duties and legal accountability were defined by canon law. Understanding the full cluster of terms — eleemosyne, eleemosynaria, eleemosynarius — is necessary for reading monastic legal records accurately.
Historical Dictionary Support
Rapalje & Lawrence is the primary available source, and it relies entirely on earlier antiquarian authorities: Blount for eleemosyne itself and Cowell for eleemosynaria. This chain of citation is characteristic of how both terms traveled through English legal lexicography — from medieval ecclesiastical practice into early modern legal dictionaries, and then into later compilations largely by repetition rather than independent research. Neither Blount nor Cowell was writing as a practitioner working with live disputes over eleemosyne. By the time of Cowell's Interpreter (1607) and Blount's Nomo-Lexicon (1670), these were already historical terms being preserved for reference rather than applied in courts. Rapalje & Lawrence, writing in 1883, add nothing substantive beyond transmitting Blount and Cowell. What historical dictionaries uniformly omit is any sustained discussion of how eleemosyne property was treated in the royal courts versus the ecclesiastical courts — a distinction that mattered considerably in medieval England, where jurisdiction over frankalmoin tenure was contested between secular and church tribunals. Researchers needing that dimension must go beyond dictionary sources to Bracton, Glanvill, or secondary works on medieval ecclesiastical tenure.
Jurisdictional Note
Eleemosyne as a legal term is historically specific to English ecclesiastical and common law traditions. It does not appear as an operative term in American law. Researchers encountering it in American legal sources will find it only in historical treatments of English legal antecedents or in discussions of the charitable trust and eleemosynary corporation doctrines that descended from the broader eleemosynary tradition.
Encyclopedia Cross-Reference
See: Eleemosynary Corporations | Frank Almoign | Charitable Trusts (Historical Foundations)
Related Terms
ELEEMOSYNARY — Frankalmoin (Frank Almoign) — Almoner — Charitable Trust — Eleemosynaria — Mortmain — Ecclesiastical Property — Pious Uses — Charitable Corporation — Tenure
ELEEMOSYNEmain
Rapalje & Lawrence • 1888
- Possessions belonging to the church. Blount. ELEEMOSYNARIA.--The place in a religious house where the common alms were deposited, and thence by the almoner distributed to the poor. Cowell.

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