Folia Theologica 14. (2003)
Szabolcs Anzelm Szuromi: A Turning Point in the History of the General Councils of the West in the 13th Century (A Critical Summary on the Importance of the Constitutions of the Fourth Lateran Council [1215] According to its Theological, Canonical and Historical Aspect)
170 SZ. A. SZUROMI the Church.49 These canons form a stable foundation for the institution of the so-called priviliegium fori. From this it can be seen why secular tribunals do not have the right to begin a process in spiritual matters, even if the defendant is a layman.50 On the other hand, these canons made the competency of an ecclesial tribunal quite broad: for ecclesial tribunals were not only competent in penal cases regarding the clergy, but in all other conflicts in the ecclesial, spiritual, religious and moral areas.51 We pause to make reference to a letter written in 1206 by Pope Innocent III which mandated that, in secular cases, a layman is not to be brought before an ecclesial court against his wishes.52 Nevertheless, in that same letter Pope Innocent mentions that if the civil tribunal is not inclined to introduce the case, or has foregone its right to impose penalties, then an ecclesial process may take place.53 The corpus of canons 35-49 speak mainly about the competence of the ecclesial tribunal, the discipline to be observed in tribunals, and the process to be followed in contentious trials. It is remarkable to observe that the participation of the clergy in secular penal procedures was not clearly regulated even by the 11th century. But by the end of the 12th century, Huguccio of Pisa,54 one of the foremost decretists of his time, formulated an exact answer to this question. He rejected any and every ecclesial participation at secular tribunals.55 His position became the official position of the Church through two decretals of Pope Innocent III in 1206 and 1211. Lateran IV summarized this canonical concept,56 even going so far 49 Canons 43, 45. 50 Canon 48. 51 BALOGH, E., Középkori bajor egyházi b ráskodás (Bibliotheca Instituti Postgradualis Iuris Canonici Universitatis Catholicae de Petro Pázmány nominatae III/2), Budapest 2000. 60-71. 52 POTTHAST, A. (ed.), Regesta Pontificum Romanorum inde ab a. post Christum natum MCXCVIII ad a. MCCCIV, I-II. Berlin 1875. (repr. Graz 1957) no. 2785. 53 X 2. 2. 10. cf. X 2. 2. 6-7. 54 ERDŐ, P., Storia della scienza dei diritto canonico. Una introduzione, Roma 1999. 53. 55 Cf. MEZEY, B. (ed.), Magyar jogtörténet, Budapest 1996. 224,231. 56 GAUDEMET, J., Église et cité. Histoire du droit canonique, Paris 1994. 522.
