Papal judge-delegate

Source: Wikipedia, the free encyclopedia.

A papal judge delegate was a type of judicial appointment created during the 12th century by the medieval papacy where the pope would designate a local judge, often an ecclesiastic, to decide a case that had been appealed to the papal court.[1]

History

The system began during the pontificate of Pope

Bernard, the Bishop of St Davids, and Urban, the Bishop of Llandaff, and was apparently delegated to acquire local knowledge of the dispute. It is only later, during the pontificate of Pope Alexander III that the papal courts appears to have recognized that the delegation system could also reduce the volume of cases that had to be decided at Rome.[2][3]

An important factor in the growth of the papal judges-delegate system was the corresponding growth of the papal judicial system during the 12th century.[4] Often, cases referred to a judge-delegate were those that were particularly complex, and where the local knowledge of the appointee would be helpful. The appointment ended with the resolution of the case he had been appointed to decide.[1]

The numbers of judges-delegate increased greatly during the 1160s and 1170s. English records for this time are particularly abundant, with a number of English bishops – including

Decretales which were published in 1234. Of the 43 items dealing with papal judges-delegate in the Decretales, 18 are Alexander's and a further 15 are from Pope Innocent III.[3]

Papal documents referred to the delegates as iudices delegati.[1] A further development was the grant of exemptions from appointment as judge-delegate, with such exemptions first appearing around 1140. By the end of the 12th century, such exemptions were sought after by local ecclesiastics.[3]

Citations

  1. ^ a b c d e Robinson Papacy pp. 175–176
  2. ^ Sayers Papal Judges Delegate p. 9
  3. ^ a b c Robinson Papacy pp. 192–194
  4. ^ Harper-Bill "Anglo-Norman Church" Companion to the Anglo-Norman World p. 181

References

  • Harper-Bill (2002). "The Anglo-Norman Church". In Harper-Bill, Christopher and Elizabeth Van Houts (ed.). A Companion to the Anglo-Norman World. Woodbridge, UK: Boydell. pp. 165–190. .
  • Robinson, I. S. (1990). The Papacy 1073–1198: Continuity and Innovation. Cambridge, UK: Cambridge University Press. .
  • Sayers, Jane E. (1971). Papal Judges Delegate in the Province of Canterbury, 1198–1254: A Study in Ecclesiastical Jurisdiction and Administration. Oxford, UK: Oxford University Press. .