DELEGATED JUSTICE TO THE ECCLESIASTICAL JUDICIARY IN THE MIDDLE AGES

Abstract

The article is devoted to the study of the organization and functioning of delegated justice in the system of church justice in the Middle Ages. The evolution of the papal jurisdictional power and its application through the institute of delegated judges based on the collections of medieval decrees is analyzed. It was established that Roman law provided few clear instructions regarding the exercise of delegated jurisdiction, therefore, during the conduct of cases, many problems of judicial practice and judicial powers were solved thanks to the new decretal law. It was noted that decretals became an important link in the chain of papal jurisdiction as authoritative consultations or mandates for the conduct of cases, they were issued usually at the request of the plaintiff or his legal representative (proctor) and contained mandates for one or more local judges to hear the case, which was transferred to the appellate court jurisdiction of the pope. Since the pontificate of Innocent III (1198–1216), the papal office has introduced the practice of officially reading such decretal letters "in publica audientia" in the curia, so that those present in person or through a representative of the defendants have the opportunity to challenge the statement of claim, the case or the proposed judges. The author draws attention to the fact that the delegated judicial powers were a reflection of the supremacy of papal jurisdiction; each assignment was individual and specific, after the case was completed, the powers of the judges were terminated. The main elements of delegated jurisdiction are defined: 1) to summon plaintiffs and witnesses; 2) reach an amicable agreement between the parties; 3) pronounce a sentence and facilitate its execution. It is concluded that during the twelfth century, a European system of canon law arose, based on a single judicial process, the two institutional components of which were papal decrees and judges delegated by the Apostolic See.