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 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. 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 |