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 (It is in the public interest that crimes do not remain unpunished ... Note that there are four ways of bringing a crime to justice: denunciation, inquisition, exception, and accusation). |
At the end of his pontificate Innocent III
promulgated a decree atthe
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. c.18: Sententiam sanguinis, clerics may not participate in ordeals c.35: Ut debitus, rules for appeals c.36: Cum cessante causa, no appeals from interlocutory decisions c.37: Nonnulli gratia, defendants should not be burdened by excessive summons of witnesses more than two days distant without the agreement of both parties 38. Quoniam contra falsam, all the proceedings of a trial must be recorded in writing |