Tancred, De criminibus
et qualiter agitur contra criminosos (ca. 1216)
Incipit: Quoniam rei publice interest
ut crimina non remaneant impunita . . . nota quod quattuor modis
agitur de crimine . . . in modum denunciationis, inquisitionis,
exceptionis, et accusationis. (Because it
benefits the public good that crimes should not remain unpunished . .
. note that crimes are brought to court in four different ways: .
. . through denunciation, investigation, exception, and accusation).
Genesis 18:21 "Descendam et videbo utrum clamorem qui venit ad me, opere
compleverint, an non est ita, ut sciam." (I
am going down to see if their actions are as wicked as I have heard. If not,
I want to know.)
Luke 16:2 "Et vocavit illum, et ait
illi: quid hoc audio de te? redde rationem villicationis tuae." (And
he called him and said to him, "What is this that I hear about you? Turn in
the account of your management, for you can no longer be manager.") |
At the end of his
pontificate Innocent III promulgated a decree at the Fourth Lateran Council
(1215) that laid down extensive rules about how and when an ecclesiastical
judge could prosecute criminals under his
jurisdiction. This conciliar
canon, Qualiter et quando
(c.8), established basic rules for ecclesiastical judges to investigate and
punish criminal clerics. Its provisions were based on a number of earlier
decretal letters that Innocent’s curia had sent in answer to questions that
judges had posed about the rules governing court procedure. In Qualiter
et quando two biblical passages justified Inquisitio: Genesis
18:21 and Luke 16:2 |