Criminal jurisdiction of medieval Holy Sees
I. The relationship between the church and criminal law; II. Criminal lawsuits in southern German provinces, 1. Augsburg, 2. Eichstätt, 3. Salzburg
| Main Author: | |
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| Format: | Print Article |
| Language: | English |
| Check availability: | HBZ Gateway |
| Journals Online & Print: | Drawer...
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| Fernleihe: | Fernleihe für die Fachinformationsdienste |
| Published: |
2021
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| In: |
Folia theologica et canonica
Year: 2021, Volume: 10(32/24), Pages: 137-146 |
| Standardized Subjects / Keyword chains: | B
Innozenz, III., Pope 1160-1216
/ Bigamy
/ Incest
/ Augsburg
/ Criminal case
/ Church law
/ Salzburg
/ Eichstätt
/ Sacrilege
/ Interdict
/ Criminal law
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| IxTheo Classification: | SB Catholic Church law |
| Further subjects: | B
Eichstätt
B Augsburg B Sendgerichtsbarkeit B Incest B poena ordinaria B Salzburg B stuprum B Sacrilege B Pope Innocent III B nullum crimen sine lege B Bigamy B interdictum B Usury B Simony B excommunicatio B lex Baiuvariorum B Sacra Rota Romana |
| Online Access: |
Volltext (kostenfrei) |
| Summary: | I. The relationship between the church and criminal law; II. Criminal lawsuits in southern German provinces, 1. Augsburg, 2. Eichstätt, 3. Salzburg The ecclesiastical criminal justice was very widespread in the Middle Ages. These included, in particular, torts related to the violation of the Christian faith: ‘simonia sacrilege, bigamy, incest, etc. There were a good number of miscreants of mixed classification, such as usury, blasphemy, duel, fire - in such and similar cases, due to the nature of the act, a secular forum could be used. It should be noted that in the Middle Ages the jurisdiction ofsecular and ecclesiastical courts and churches differed only approximately and usually only on the basis of customary law. This is also an addition to the history of the principle of ‘nullum crimen sine lege ’, insofar as there was no exhaustive list in a modern sense of the individual acts, including the forum system, or which authority is entitled or obliged to act on a given occasion. In general, it can be said that at the height of the power of the medieval church, it formed a needfor a moral and criminal judgment of essentially all kinds of human conduct. The most controversial institution of ecclesiastical criminal law was a sanction, excommunication, because it had the widest impact on the socio-le- gal situation of those affected. The ‘interdictum ’was a less frequently used but more frightening punishment. In connection with this sanction, the aspect that has become more and more emphasized (and especially in the late Middle Ages) is that it is specifically an injustice, since the punishment also affects the masses of the innocent personally. |
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| ISSN: | 2063-9635 |
| Contains: | Enthalten in: Folia theologica et canonica
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