A papal conclave is a meeting of the College of Cardinals convened to elect a Bishop of Rome known as the pope. The pope is considered by Roman Catholics to be the apostolic successor of Saint Peter and earthly head of the Roman Catholic Church. Concerns around political interference led to reforms after the interregnum of 1268–1271 and Pope Gregory X's decree during the Second Council of Lyons in 1274 that the cardinal electors should be locked in seclusion cum clave and not permitted to leave until a new Bishop of Rome had been elected. Conclaves are now held in the Sistine Chapel of the Apostolic Palace. Since the Apostolic Age, the Bishop of Rome, like other bishops, was chosen by the consensus of the clergy and laity of the diocese; the body of electors was more defined when, in 1059, the College of Cardinals was designated the sole body of electors. Since other details of the process have developed. In 1970, Pope Paul VI limited the electors to cardinals under 80 years of age in Ingravescentem aetatem.
The current procedures were established by Pope John Paul II in his apostolic constitution Universi Dominici gregis as amended by Pope Benedict XVI in 2007 and 2013. A two-thirds supermajority vote is required to elect the new pope; the procedures relating to the election of the pope have undergone two millennia of development. Procedures similar to the present system were introduced in 1274 when Gregory X promulgated Ubi periculum following the action of the magistrates of Viterbo during the interregnum of 1268–1271; the process was further refined by Gregory XV with his 1621 bull Aeterni Patris Filius, which established the requirement of a two-thirds majority of cardinal electors to elect a pope. The Third Lateran Council had set the requirement that two-thirds of the cardinals were needed to elect a pope in 1179; this requirement had varied since depending on whether the winning candidate was allowed to vote for himself, in which cases the required majority was two-thirds plus one vote. Aeterni Patris Filius prohibited this practice and established two-thirds as the standard needed for election.
Aeterni Patris Filius did not eliminate the possibility of election by acclamation, but did require that a secret ballot take place first before a pope could be elected. As early Christian communities emerged, they elected bishops, chosen by the clergy and laity with the assistance of the bishops of neighbouring dioceses. St. Cyprian says that Pope Cornelius was chosen as Bishop of Rome "by the decree of God and of His Church, by the testimony of nearly all the clergy, by the college of aged bishops, of good men"; as in other dioceses, the clergy of the Diocese of Rome was the electoral body for the Bishop of Rome. Instead of casting votes, the bishop was selected by acclamation; the candidate would be submitted to the people for their general approval or disapproval. This lack of precision in the election procedures gave rise to rival popes or antipopes; the right of the laity to reject the person elected was abolished by a Synod held in the Lateran in 769, but restored to Roman noblemen by Pope Nicholas I during a Synod of Rome in 862.
The pope was subjected to oaths of loyalty to the Holy Roman Emperor, who had the duty of providing security and public peace in Rome. A major change came in 1059, when Pope Nicholas II decreed in In Nomine Domini that the cardinals were to elect a candidate, who would take office after receiving the assent of the clergy and laity; the cardinal bishops were to meet first and discuss the candidates before summoning the cardinal priests and cardinal deacons for the actual vote. The Second Council of the Lateran in 1139 removed the requirement for obtaining the assent of the lower clergy and the laity, while the Third Council of the Lateran in 1179 gave equal rights to the entire College of Cardinals when electing a new pope. Through much of the Middle Ages and Renaissance the Catholic Church had only a small number of cardinals at any one time, as few as seven under either Pope Alexander IV or Pope John XXI; the difficulty of travel further reduced the number arriving at conclaves. The small electorate magnified the significance of each vote and made it all but impossible to displace familial or political allegiances.
Conclaves lasted months and years. In his 1274 decree requiring the electors be locked in seclusion, Gregory X limited each cardinal elector to two servants and rationed their food progressively when a conclave reached its fourth and ninth days; the cardinals disliked these rules. Lengthy elections resumed and continued to be the norm until 1294, when Pope Celestine V reinstated the 1274 rules. Long interregna followed: in 1314–1316 during the Avignon Papacy, where the original conclaves were dispersed by besieging mercenaries and not reconvened for two years. In 1587 Pope Sixtus V limited the number of cardinals to 70, following the precedent of Moses, assisted by 70 elders in governing the Children of Israel: six cardinal bishops, 50 cardinal priests, 14 cardinal deacons. Beginning with the attempts of Pope John XXIII to broaden the representation of nations in the College of Cardinals, that number has increased. In 1970 Paul VI ruled that cardinals who reach the age of eighty before the start of a conclave are ineligible to participate.
In 1975 he limited the number of cardinal electors to 120. Though this remains the theoretical limit, John Paul II exceeded this for short periods of time, he changed the age limit sl
Pope Honorius I
Pope Honorius I was Pope from 27 October 625 to his death in 638. Honorius, according to the Liber Pontificalis, came from Campania and was the son of the consul Petronius, he became pope two days after the death of his predecessor, Boniface V. The festival of the Elevation of the Cross is said to have been instituted during the pontificate of Honorius, marked by considerable missionary enterprise. Much of this was centered on England Wessex, he succeeded in bringing the Irish Easter celebrations in line with the rest of the Catholic Church. Honorius became involved in early discussions regarding the doctrine of Monothelitism, the teaching that Christ has only one energy and one will, in contrast with the teaching that He has two energies and two wills, both human and divine. Patriarch Sergius I of Constantinople wrote an initial letter informing Honorius of the Monothelite controversy, asking Honorius to endorse a position that Church unity should not be endangered by having any discussions or disputes over Christ’s possessing one energy or two.
Sergius added that the doctrine of two energies could lead to the erroneous belief that Jesus has two conflicting wills. Pope Honorius’ reply in 635 endorsed this view that all discussions should cease, agreed that Jesus does not have two conflicting wills, but one will, since Jesus did not assume the vitiated human nature tainted by Adam's fall, but human nature as it existed prior to Adam's fall, he was aware of the rise of Islam and viewed this new religion's tenets as resembling those of Arius. More than forty years after his death, Honorius was anathematized by name along with the Monothelites by the Third Council of Constantinople in 680; the anathema read, after mentioning the chief Monothelites, "and with them Honorius, Prelate of Rome, as having followed them in all things". Furthermore, the Acts of the Thirteenth Session of the Council state, "And with these we define that there shall be expelled from the holy Church of God and anathematized Honorius, some time Pope of Old Rome, because of what we found written by him to Sergius, that in all respects he followed his view and confirmed his impious doctrines."
The Sixteenth Session adds: "To Theodore of Pharan, the heretic, anathema! To Sergius, the heretic, anathema! To Cyrus, the heretic, anathema! To Honorius, the heretic, anathema! To Pyrrhus, the heretic, anathema!"However, Pope Leo II's letter of confirmation of the Council interprets the council as intending to criticize Honorius not for error of belief, but rather for "imprudent economy of silence". Leo's letter states: "We anathematize the inventors of the new error, that is, Sergius... and Honorius, who did not attempt to sanctify this Apostolic Church with the teaching of Apostolic tradition, but by profane treachery permitted its purity to be polluted." The New Catholic Encyclopedia notes: "It is in this sense of guilty negligence that the papacy ratified the condemnation of Honorius." Persons such as Cesare Baronio and Bellarmine have challenged accusations that Pope Honorius I taught heresy. This anathema against Honorius was one of the main arguments against Papal infallibility in the discussions surrounding the First Vatican Council of 1870, where the episode was not regarded as contrary to the proposed dogma.
This was because Honorius was not considered by the supporters of infallibility to be speaking ex cathedra in the letters in question and he was alleged to have never been condemned as a Monothelite, asserted the proponents of infallibility, was he condemned for teaching heresy, but rather for gross negligence and a lax leadership at a time when his letters and guidance were in a position to quash the heresy at its roots. Historian Jaroslav Pelikan notes: "It is evident, as Maximus noted in exoneration of Honorius, that his opposition to the idea of'two wills' was based on the interpretation of'two wills' as'two contrary wills.' He did not mean that Christ was an incomplete human being, devoid of a human will, but that as a human being he did not have any action in his body nor any will in his soul that could be contrary to the action and will of God, that is, to the action and will of his own divine nature." List of popes Meyendorff, John. Imperial unity and Christian divisions: The Church 450-680 A.
D. The Church in history. 2. Crestwood, NY: St. Vladimir's Seminary Press. ISBN 9780881410556. Harkianakis, Stylianos; the Infallibility of the Church in Orthodox Theology. Sydney: St Andrew's Orthodox Press. ISBN 9781920691981. Bury, John B. A history of the Roman empire from Arcadius to Irene, Volume 2 Hefele, Charles J. A History of the Councils of the Church, From the Original Documents, Volume 5 Guilty Only of Failure To Teach History of the Christian Church, Volume IV: Mediaeval Christianity. A. D. 590–1073, Philip Schaff Original text taken from a paper copy of the 9th edition Encyclopædia Britannica and the Catholic Encyclopedia
Pope Severinus was Pope two months, from 28 May until his death on 2 Aug. He became caught up in a power struggle with the Byzantine Emperor Heraclius over the ongoing Monothelite controversy, he was a Roman. His father was named Avienus, according to the Liber Pontificalis; the name of the father suggests descent from members of the Roman Senate. A previous Avienus was Roman consul in 501. Severinus was elected on the third day after the death of his predecessor, Honorius I, the Papal apocrisiarii went to Constantinople to obtain imperial confirmation of his election in October 638. Before his death, Patriarch Sergius I of Constantinople had drawn up the Ecthesis in response to the orthodox synodical letter of Sophronius, the Patriarch of Jerusalem, on learning of the death of Pope Honorius had convinced the Emperor to issue this document as an imperial edict in December 638, thus valid across the entire empire. Given directly to Eustachius, the magister militum, he carried it to the Exarch Isaac at Ravenna with instructions that he was to ensure the Pope’s acceptance.
With its declaration of Jesus Christ only possessing one will, Severinus refused to sign it. The exarch therefore refused to confirm the papal election in the Emperor’s name, a situation that endured for over eighteen months. In the meantime, Isaac was determined to achieve his aim, so he commissioned Maurice, the chartoularios, to plunder the Lateran palace and force Severinus to agree to the Ecthesis. Maurice gathered together a party of local discontented nobles and approached the local soldiers, the exercitus Romanus, convinced them that the Pope had withheld their pay and was keeping the arrears in the Lateran. A mob soon formed and they rushed en masse to the palace. Severinus managed to keep the hostile forces out of the palace. Maurice tried another tactic and three days he was admitted into the palace with the city judges whom he won over to his side, they sealed up the treasures, Maurice sent word to the Exarch that he was free to come to the palace and help himself to the accumulated riches.
Isaac soon appeared, after exiling the leading clergy within the Lateran, spent the next eight days looting the palace, prudently sending a share to the Emperor at Constantinople to prevent his displeasure. Meanwhile, at Constantinople, the papal envoys had continued to seek the confirmation of Severinus. Emperor Heraclius still refused to grant his confirmation unless Severinus signed his Ecthesis, a Monothelite profession of faith. At first they were told that unless they would go back and persuade the Pope to accept the Ecthesis, they were wasting their time; the legates sought to persuade an unwell and dying Heraclius that they were not there to make professions of faith, but to transact business. The envoys were unwilling to agree to this demand, but they were unwilling to allow the Roman See to remain vacant indefinitely, so they offered to show Severinus the document and ask him to sign it if he thought it was correct, they made it clear that if the emperor was going to force Severinus to sign it, that all the clergy of the See of Rome would stand together, such a route would only end in a lengthy and destructive stalemate.
This offer was satisfactory, imperial recognition of the papal election was granted. Over the following year the legates stood firm, at last a tired Heraclius backed down, broken by opposition both at Constantinople and at Rome against his Monothelite compromise; the emperor granted the envoys their request, the legates returned to Rome with the news, Severinus was installed as pope on 28 May 640. Isaac withdrew to Ravenna. During the short time he was pope, Severinus condemned the Ecthesis. Convening a synod, he decreed that “as there were two natures in Christ, so there were two natural operations.” He renewed the mosaics in the apse of Saint Peter’s Basilica. Severinus was quite old when his election was confirmed, his reign was only two months long when he died on 2 August 640. In the Liber Pontificalis, Severinus was described as a kind and mild holy man, a benefactor to the clergy, a friend to the poor. List of Catholic saints List of popes Herbermann, Charles, ed.. "Pope Severinus". Catholic Encyclopedia.
New York: Robert Appleton Company. Martindale, John R.. H. M.. ISBN 0-500-01798-0. Mann, Horace K; the Lives of the Popes in the Early Middle Ages, Volume 1: The Popes Under the Lombard Rule, from St Gregory I to Leo III, Part 1
Bishops of Rome under Constantine I
Constantine I's relationship with the four Bishops of Rome during his reign is an important component of the history of the Papacy, more the history of the Catholic Church. The legend surrounding Constantine I's victory in the Battle of the Milvian Bridge relates his vision of the Chi Rho and the text in hoc signo vinces in the sky and his reproducing this symbol on the shields of his troops; the following year Constantine and Licinius proclaimed the toleration of Christianity with the Edict of Milan, in 325 Constantine convened and presided over the First Council of Nicaea, the first ecumenical council. None of this, has much to do with the popes, who did not attend the Council. Moreover, between 324 and 330, he built Constantinople as a new capital for the empire, and—with no apologies to the Roman community of Christians—relocated key Roman families and translated many Christian relics to the new churches; the Donation of Constantine, an 8th-century forgery used to enhance the prestige and authority of popes, places the pope more centrally in the narrative of Constantinian Christianity.
The legend of the Donation claims that Constantine offered his crown to Sylvester I, that Sylvester baptized Constantine. In reality, Constantine was baptized by Eusebius of Nicomedia, unlike the pope, was an Arian bishop. Sylvester was succeeded by Julius I during the life of Constantine. Although the "Donation" never occurred, Constantine did hand over the Lateran Palace to the bishop of Rome, begin the construction of Old Saint Peter's Basilica; the gift of the Lateran occurred during the reign of Miltiades, Sylvester I's predecessor, who began using it as his residence. Old St. Peter's was begun between 326 and 330 and would have taken three decades to complete, long after the death of Constantine. Constantine's legalization of Christianity, combined with the donation of these properties, gave the bishop of Rome an unprecedented level of temporal power, for the first time creating an incentive for secular leaders to interfere with papal succession. In spite of the Diocletian Persecution, Christians constituted one-tenth of the population of the Roman Empire at the time of Constantine's rise to power.
Christianity was legalized by Galerius, the first emperor to issue an edict of toleration for all religious creeds including Christianity in April 311. Eamon Duffy characterizes the church in Rome before Constantine as "not one congregation, but a loose constellation of churches based in private houses or, as time went on and the community grew, meeting in rented halls in markets and public baths, it was without any single dominant ruling officer, its elders or leaders sharing responsibility, but distributing tasks, like that of foreign correspondent. By the eve of the conversion of Constantine, there were more than two dozen of these religious community-centers or tituli"; the Roman church was a small community, its bishop exercised little influence outside its members in the time of Constantine. Constantine was the first Roman Emperor to embrace Christianity, although he continued in his pre-Christian beliefs, he and co-Emperor Licinius bestowed imperial favor on Christianity through the Edict of Milan promulgated in 313.
After the Edict of Milan, the church adopted the same governmental structure as the Empire: geographical provinces ruled by bishops. These bishops of important cities therefore rose in power over the bishops of lesser cities. Whatever his personal beliefs, Constantine's political interest in Christianity was as a unifying force and his policy of "the imposition of unity on the churches at all costs" soon set him on a "collision course with the popes." Miltiades was pope at the time of Constantine's victory, Constantine gifted to Miltiades the Lateran Palace, where he relocated, holding a synod in 313. Constantine designated Miltiades as one of four bishops to adjudicate the case of the Donatists, but he had no authority to decide the case or publish the result without the approval of the emperor himself. Customarily, the African bishops may have gone to the bishop of Rome as a respected, neutral figure, but it was well known that Miltiades would not agree with the Donatist position that ordination by a "traitor" bishop would invalidate the sacrament.
Turning to Constantine was a strange move because he had not yet been baptized, word of his budding conversion may not yet have reached Alexandria. Constantine therefore referred the matter to Miltiades, requiring him to collaborate with three bishops from Gaul. Eamon Duffy calls this the "first direct intervention by an emperor in the affairs of the church." When Miltiades invited fifteen additional Italian bishops to participate in the synod and ruled against the Donatists, they appealed to Constantine again, who called for a new synod in Arles, this time headed by the bishops of Arles and Syracuse. Miltiades died, his successor, Sylvester I, did not travel to Arles; the Arles synod gave Silvester I somewhat of a nod by asking him to circulate their decisions to the other bishops, although he had no part in the process. During Silvester I's reign, construction began on the Lateran Basilica, Santa Croce in Gerusalemme, St. Peter's. Silvester did not attend the first ecumenical council, the First Council of Nicaea, but sent two priests as his representatives.
Silvester would have viewed Arianism as a heresy.
Papal selection before 1059
There was no fixed process for papal selection before 1059. Popes, the bishops of Rome and the leaders of the Catholic Church, were appointed by their predecessors or secular rulers. While the process was characterized by some capacity of election, an election with the meaningful participation of the laity was the exception to the rule as the popes' claims to temporal power solidified into the Papal States; the practice of papal appointment during this period would give rise to the jus exclusivae, a veto right exercised by Catholic monarchies into the twentieth century. The lack of an institutionalized process for papal succession was prone to religious schism, several papal claimants before 1059 are regarded by the Church as antipopes. Furthermore, the frequent requirement of secular approval of elected popes lengthened periods of sede vacante and weakened the papacy. In 1059, Pope Nicholas II succeeded in limiting future papal electors to the cardinals with In nomine Domini, creating standardized papal elections that would evolve into the papal conclave.
There is no scholarly consensus on when and on what terms Saint Peter arrived in Rome, but most agree that he died there in 64 or 67. Moreover, Peter was never contemporaneously referred to as a "pope" or a "bishop". Unlike the selection process for a deacon, outlined in Acts 6:1-6, there is no biblical method for the selection of a bishop other than by simple apostolic appointment. Although the election of bishops in other early Christian communities is described in contemporary sources, the earliest Roman sources date from 400, claiming that Peter himself appointed Linus and Clement—in that order—as his successors; the early official lists of Bishops of Rome are considered problematic by scholars because of their bias towards enhancing papal authority and anachronistically imposing continuity. Eusebius relates a legend of the election of Fabian in 236: a dove landed on Fabian's head and "thereupon the people, all as if impelled by one divine spirit, with one united and eager voice cried out that he was worthy, they set him on the episcopal seat".
This anecdote makes clear that "the choice of bishop was the public concern for the entire Christian community of Rome". Fabian can reliably be regarded as a victim of the persecution of Emperor Decius, after which there was no election for fourteen months; the next available evidence comes from the schism between Novatian and Cornelius, both elected bishop by their own factions, both writing to Cyprian, bishop of Carthage for support. Cyprian sided with Cornelius, writing that: Moreover, Cornelius was made bishop by the choice of God and of His Christ, by the favorable witness of all of the clergy, by the votes of the laity present, by the assembly of bishops. Cyprian remarks that Cornelius had been ordained by sixteen bishops from the surrounding region, while Novatian had only been ordained by three, the first definite evidence of a true schism in the Roman church. Mark was the first to designate the bishop of Ostia as the first among the consecrators of the new bishop of Rome. However, the influence of Emperor Constantine I, a contemporary of Sylvester I and Mark, would help solidify a strong role for the Roman emperor in the selection process: Constantine chose Julius I for all intents and purposes, his son Constantius II exiled Liberius and installed Felix II as his successor.
Felix and Liberius were succeeded in schism by Ursinus and Damasus the latter of whom managed to prevail by sheer bloodshed, he is the first bishop of Rome who can non-anachronistically be referred to as a "Pope". Damasus persuaded the Emperor to decree him "bishop of bishops", a claim that antagonized Eastern bishops, leading to the First Council of Constantinople in 381, which dealt in part with the issue of supremacy. With this new title, the method of selection of the bishop of Rome remained much the same. Both the clergy and the laity continued to participate in the selection, along with local and imperial politics. Other trends can be observed, as well, such as father-to-son succession between Pope Anastasius I and Pope Innocent I. Emperor Honorius stepped in to resolve the schism between Eulalius and Pope Boniface I, siding with Eulalius first and Boniface I. Honorius decreed. Elections of the same manner continued undisputed until Pope Simplicius, terminally ill for enough of his papacy to devote time to succession issues, who decreed that the minister of Germanic general Odoacer, a Roman nobleman, would have the power of approval over his successor: the result was Pope Felix III, the first patrician pope.
The next electoral schism of note developed between Symmachus and Laurentius, who both appealed to Theodoric the Great, the Ostrogoth king of Italy.
In religion, a relic consists of the physical remains of a saint or the personal effects of the saint or venerated person preserved for purposes of veneration as a tangible memorial. Relics are an important aspect of some forms of Buddhism, Hinduism, Islam and many other religions. Relic derives from the Latin reliquiae, meaning "remains", a form of the Latin verb relinquere, to "leave behind, or abandon". A reliquary is a shrine. In ancient Greece, a city or sanctuary might claim to possess, without displaying, the remains of a venerated hero as a part of a hero cult. Other venerable objects associated with the hero were more to be on display in sanctuaries, such as spears, shields, or other weaponry; the sanctuary of the Leucippides at Sparta claimed to display the egg of Leda. The bones were not regarded as holding a particular power derived from the hero, with some exceptions, such as the divine shoulder of Pelops held at Olympia. Miracles and healing were not attributed to them; the bones of Orestes and Theseus were supposed to have been stolen or removed from their original resting place and reburied.
On the advice of the Delphic Oracle, the Spartans searched for the bones of Orestes and brought them home, without which they had been told they could not expect victory in their war against the neighboring Tegeans. Plutarch says that the Athenians were instructed by the oracle to locate and steal the relics of Theseus from the Dolopians; the body of the legendary Eurystheus was supposed to protect Athens from enemy attack, in Thebes, that of the prophet Amphiaraus, whose cult was oracular and healing. Plutarch narrates transferrals similar to that of Theseus for the bodies of the historical Demetrius I of Macedon and Phocion the Good The bones or ashes of Aesculapius at Epidaurus, of Perdiccas I at Macedon, were treated with the deepest veneration; as with the relics of Theseus, the bones are sometimes described in literary sources as gigantic, an indication of the hero's "larger than life" status. On the basis of their reported size, it has been conjectured that such bones were those of prehistoric creatures, the startling discovery of which may have prompted the sanctifying of the site.
The head of the poet-prophet Orpheus was supposed to have been transported to Lesbos, where it was enshrined and visited as an oracle. The 2nd-century geographer Pausanias reported that the bones of Orpheus were kept in a stone vase displayed on a pillar near Dion, his place of death and a major religious center; these too were regarded as having oracular power, which might be accessed through dreaming in a ritual of incubation. The accidental exposure of the bones brought a disaster upon the town of Libretha, whence the people of Dion had transferred the relics to their own keeping. According to the Chronicon Paschale, the bones of the Persian Zoroaster were venerated, but the tradition of Zoroastrianism and its scriptures offer no support of this. In Hinduism, relics are less common than in other religions since the physical remains of most saints are cremated; the veneration of corporal relics may have originated with the śramaṇa movement or the appearance of Buddhism, burial practices became more common after the Muslim invasions.
However one prominent example is the preserved body of the 11th century religious philosopher and proponent of Qualified Non-Dualism Swami Ramanuja in a separate shrine inside Sri Rangam Temple. In Buddhism, relics of the Buddha and various sages are venerated. After the Buddha's death, his remains were divided into eight portions. Afterward, these relics were enshrined in stupas; some relics believed to be original remains of the body of the Buddha still survive, including the much-revered Sacred Relic of the tooth of the Buddha in Sri Lanka. A stupa is a building created for the relics. Many Buddhist temples have stupas and the placement of relics in a stupa became the initial structure around which the whole temple would be based. Today, many stupas hold the ashes or ringsel of prominent/respected Buddhists who were cremated. In rare cases the whole body is conserved, for example in the case of Dudjom Rinpoche, after his death his physical body was moved a year from France and placed in a stupa in one of his main monasteries near Boudhanath, Nepal in 1988.
Pilgrims may view his body through a glass window in the stupa. The Buddha's relics are considered to show people that enlightenment is possible, to remind them that the Buddha was a real person, to promote good virtue. One of the earliest sources that purports to show the efficacy of relics is found in 2 Kings 13:20–21: 20 Elisha died and was buried. Now Moabite raiders used to enter the country every spring. 21 Once while some Israelites were burying a man they saw a band of raiders. When the body touched Elisha's bones, the man stood up on his feet. Cited is the veneration of Polycarp's relics recorded in the Martyrdom of Polycarp. With regard to relics that are objects, an cited passage is Acts 19:11–12, which says that Paul's handkerchiefs were imbued by God with healing power. In the gospel accounts of Jesus healing the bleeding woman and again at Gospel of Mark 6:56, those who touched Jesus's garment were healed; the practice of venerating relics seems to have been taken for granted by writers like Augustine, St. Ambrose, Gregory of Nyssa, St. Chrysostom, St. Gregory Nazian
The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have been forfeited, expressly waived, or may be inapplicable; the works of William Shakespeare and Beethoven, most early silent films, are in the public domain either by virtue of their having been created before copyright existed, or by their copyright term having expired. Some works are not covered by copyright, are therefore in the public domain—among them the formulae of Newtonian physics, cooking recipes, all computer software created prior to 1974. Other works are dedicated by their authors to the public domain; the term public domain is not applied to situations where the creator of a work retains residual rights, in which case use of the work is referred to as "under license" or "with permission". As rights vary by country and jurisdiction, a work may be subject to rights in one country and be in the public domain in another; some rights depend on registrations on a country-by-country basis, the absence of registration in a particular country, if required, gives rise to public-domain status for a work in that country.
The term public domain may be interchangeably used with other imprecise or undefined terms such as the "public sphere" or "commons", including concepts such as the "commons of the mind", the "intellectual commons", the "information commons". Although the term "domain" did not come into use until the mid-18th century, the concept "can be traced back to the ancient Roman Law, as a preset system included in the property right system." The Romans had a large proprietary rights system where they defined "many things that cannot be owned" as res nullius, res communes, res publicae and res universitatis. The term res nullius was defined as things not yet appropriated; the term res communes was defined as "things that could be enjoyed by mankind, such as air and ocean." The term res publicae referred to things that were shared by all citizens, the term res universitatis meant things that were owned by the municipalities of Rome. When looking at it from a historical perspective, one could say the construction of the idea of "public domain" sprouted from the concepts of res communes, res publicae, res universitatis in early Roman law.
When the first early copyright law was first established in Britain with the Statute of Anne in 1710, public domain did not appear. However, similar concepts were developed by French jurists in the 18th century. Instead of "public domain", they used terms such as publici juris or propriété publique to describe works that were not covered by copyright law; the phrase "fall in the public domain" can be traced to mid-19th century France to describe the end of copyright term. The French poet Alfred de Vigny equated the expiration of copyright with a work falling "into the sink hole of public domain" and if the public domain receives any attention from intellectual property lawyers it is still treated as little more than that, left when intellectual property rights, such as copyright and trademarks, expire or are abandoned. In this historical context Paul Torremans describes copyright as a, "little coral reef of private right jutting up from the ocean of the public domain." Copyright law differs by country, the American legal scholar Pamela Samuelson has described the public domain as being "different sizes at different times in different countries".
Definitions of the boundaries of the public domain in relation to copyright, or intellectual property more regard the public domain as a negative space. According to James Boyle this definition underlines common usage of the term public domain and equates the public domain to public property and works in copyright to private property. However, the usage of the term public domain can be more granular, including for example uses of works in copyright permitted by copyright exceptions; such a definition regards work in copyright as private property subject to fair-use rights and limitation on ownership. A conceptual definition comes from Lange, who focused on what the public domain should be: "it should be a place of sanctuary for individual creative expression, a sanctuary conferring affirmative protection against the forces of private appropriation that threatened such expression". Patterson and Lindberg described the public domain not as a "territory", but rather as a concept: "here are certain materials – the air we breathe, rain, life, thoughts, ideas, numbers – not subject to private ownership.
The materials that compose our cultural heritage must be free for all living to use no less than matter necessary for biological survival." The term public domain may be interchangeably used with other imprecise or undefined terms such as the "public sphere" or "commons", including concepts such as the "commons of the mind", the "intellectual commons", the "information commons". A public-domain book is a book with no copyright, a book, created without a license, or a book where its copyrights expired or have been forfeited. In most countries the term of protection of copyright lasts until January first, 70 years after the death of the latest living author; the longest copyright term is in Mexico, which has life plus 100 years for all deaths since July 1928. A notable exception is the United States, where every book and tale published prior to 1924 is in the public domain.