A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle AgeThatcher, Oliver J. (Oliver Joseph)
History
A Source Book for Mediæval History: Selected Documents illustrating the History of Europe in the Middle Age
Thatcher, Oliver J. (Oliver Joseph)
Europe -- History -- 476-1492 -- Sources; Middle Ages -- Sources
The execrable and hitherto unknown abuse has grown up in our day, that
certain persons, imbued with the spirit of rebellion, and not from a
desire to secure a better judgment, but to escape the punishment of some
offence which they have committed, presume to appeal from the pope to a
future council, in spite of the fact that the pope is the vicar of Jesus
Christ and to him, in the person of St. Peter, the following was said:
"Feed my sheep" [John 21:16] and "Whatsoever thou shalt bind on earth
shall be bound in heaven" [Matt. 16:18]. Wishing therefore to expel this
pestiferous poison from the church of Christ and to care for the
salvation of the flock entrusted to us, and to remove every cause of
offence from the fold of our Saviour, with the advice and consent of our
brothers, the cardinals of the holy Roman church, and of all the
prelates, and of those who have been trained in the canon and civil law,
who are at our court, and with our own sure knowledge, we condemn all
such appeals and prohibit them as erroneous and detestable.
175. William III of Saxony Forbids Appeals to Foreign Courts, 1446.
Schilter, De libertate ecclesiarum Germaniæ, pp. 808 ff.
At this time secular rulers were everywhere growing in power, and
centralizing the authority in their own hands, which led them to try to
diminish the power of the clergy. This document shows the legal
confusion which then existed, caused in part by the usurpations which
the ecclesiastical courts practiced. Following the examples of the kings
of England and France, William III, duke of Saxony, limited
ecclesiastical courts to their proper jurisdiction and forbade the
clergy to try secular cases. As a sovereign power he also forbade all
appeals to foreign courts, which of course included the pope.
Public-domain text, read in full here on John Shaqi.
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