INCOPOLITUS

4 definitions found across Law Mind sources

INCOPOLITUSAuthored
The Law Mind • 662 words
Definition
A Latin term from ecclesiastical and medieval law denoting a proctor or vicar — that is, an agent or representative authorized to act on behalf of another in a legal or clerical capacity. The term appears in historical sources almost exclusively as a passing entry, with source dictionaries treating it as a brief label rather than a developed legal concept. The dictionaries append to the definition a companion maxim: *Incorporalia bello non adquiruntur* — incorporeal things are not acquired by war. This maxim is a distinct principle of the law of nations, not a definition or elaboration of *incopolitus* itself, and its proximity in the sources appears to be an artifact of alphabetical arrangement rather than conceptual connection.
Why It Matters in Research
Researchers encountering this term in historical documents should treat it as a marker of ecclesiastical or canon law contexts, most likely indicating a delegated representative — someone acting in place of a principal in church courts, property matters, or clerical administration. The term is rare even in historical legal writing and does not appear to have generated a body of case law or statutory usage under this name. The more significant research hazard here is editorial. All three source dictionaries bundle *incopolitus* in immediate proximity to the maxim *Incorporalia bello non adquiruntur*, and Rapalje & Lawrence further appends references to American statutory cases involving "incorporate companies" and "incorporated bank." These are purely coincidental neighbors in alphabetical sequence — they share no legal relationship with *incopolitus*. A researcher skimming column entries could easily misread the citation clusters as commentary on the term itself. They are not. The discrepancy between the two editions of Black's is minor but worth flagging: the first edition cites the maxim to "5 Maule & S. 104," while the second edition gives "6 Maule & S. 104." Maule & Selwyn is a real English King's Bench reporter (1813–1817), and the citation is to a genuine series, but the volume discrepancy between editions suggests a transcription error in one or both printings. Researchers relying on this citation for the *Incorporalia* maxim should verify the volume independently. Because *incopolitus* does not appear to have entered American case law as an operative term, its practical research value is limited to contexts involving the interpretation of historical ecclesiastical documents, medieval property instruments, or canon law records where a delegated representative's authority is at issue.
Historical Dictionary Support
All three source dictionaries are in agreement on the core definition: a proctor or vicar. None expands further. The brevity is itself informative — this is a term the compilers recognized as historical vocabulary requiring identification rather than analysis. Black's first and second editions reproduce the entry almost word-for-word, suggesting the term generated no significant legal development between editions to warrant revision. Rapalje & Lawrence's entry follows the same pattern but transitions immediately into separate American statutory entries (*incorporate companies*, *incorporated bank*) that are entirely independent concepts. The formatting in some printings can make these appear related; they are not. No historical dictionary consulted provides any doctrinal elaboration, case authority specific to *incopolitus*, or guidance on how disputes over a proctor's authority under this designation were resolved. Researchers needing depth on the underlying role — the proctor or vicar in ecclesiastical law — will need to look beyond standard law dictionaries to canonical treatises.
Related Terms
Proctor — the functional equivalent in English ecclesiastical practice; the term that generates the substantive case law and doctrine this entry lacks Vicar — the ecclesiastical office most commonly associated with delegated clerical authority Incorporalia bello non adquiruntur — the maxim appearing immediately after this term in source dictionaries; a separate concept from the law of nations concerning incorporeal rights and conquest Attorney-in-fact — the modern analogue for delegated representative authority in secular legal contexts Canon law — the broader legal system within which *incopolitus* as a term of art operated
INCOPOLITUSmain
Black's Law Dictionary • 1891
A proctor or vicar. Incorporalia bello non adquiruntur. Incorporeal things are not acquired by war. 5 Maule & S. 104.
INCOPOLITUSmain
Black's Law Dictionary (2nd Ed.) • 1910
A proctor or vicar. Incorporalia bello non adquiruntur. Incorporeal things are not acquired by war. 6 Maule & S. 104.
INCOPOLITUSmain
Rapalje & Lawrence • 1888
-A proctor or vicar. Incorporalia bello non adquiruntur: Incorporeal things are not acquired by war. INCORPORATE COMPANIES, (in a statute). 22 N. Y. 245. INCORPORATED BANK, (in statute relative to embezzlement). 97 Mass. 50.

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