For some time it was considered that he was a mere office-holder dependent on the will of the bishop with a jurisdiction merely " vicarial "; but by the 13th century it was settled that he held a " benefice " and that his jurisdiction over causes was ordinary and independent of the bishop (Van Espen, pars i.
In the Low Countries, France and England the jurisdiction of the official principal was wider (Van Espen, pars i.
Van Espen, pars i.
There were no true exemptions before the 11th century (Van Espen, pars iii.
in 6 for different rule in case of the pope, and authorities cited in Van Espen, pars iii.
Van Espen says: " The whole right of appeal to the Roman pontiff omisso medio had undoubtedly its origin in this principle, that the Roman pontiff is ordinary of ordinaries, or, in other words, has immediate episcopal authority in all particular churches, and this principle had its own beginning from the False Decretals."
Causes could even be evoked to Rome before any judgment and there heard in first instance (Van Espen, pars iii.
It was the general practice to appoint two or three to sit together (Van Espen, pars iii.
In Belgium causes appealed to Rome had to be committed to local delegates (Van Espen, pars iii.
There could be an appeal from these delegates to the pope and from the pope himself to the pope " better informed " (Van Espen, pars iii.
Generally they were reserved to the pope (Van Espen, pars iii.
Even papal delegates might be simple clerks (Van Espen, pars iii.
After the, 4th century, the latter had exclusive jurisdiction (Van Espen, op. cit.
(a) Fines sprang from the older custom of directing alms by way of penance in the internal forum (Van Espen, ubi sup. c. 1, 5-10).
out their decrees by their own apparitors who could levy pecuniary penalties on a defendant's goods (Van Espen, pars iii.
van Espen, Jus ecclesiasticism universum (Louvain, 1720), De recursu ad Principem, observationes in Concilium Lateranense iv.; L.
Bohmer's Jus ecclesiasticuni Protestantium (1714-1723), and van Espen's Jus ecclesiasticuzn (1702) detail at great length the relations of heresy to canon and civil law.
It must be remembered that the forum externum of the ecclesiastical jurisdiction, in the sense in which we now use the phrase, of a judge deciding causes, was not then clearly marked off from the forum internum, or what afterwards came to be called the " tribunal of penance " (see Van Espen, Jus ecc. Univ.
The words are quite general; but it has been contended that they apply only to crimes of an ecclesiastical character (see Gothofredus in loc.; Van Espen, pars iii.
Van Espen's treatise under this title (Works, vol.
This provision of the fourth Lateran Council in 1215 was always interpreted to mean death '(see' Van Espen, Observ.
The word usage examples above have been gathered from various sources to reflect current and historial usage. They do not represent the opinions of YourDictionary.com.