Naturally, then, attempts were made very early to define and limit the
scope and authority of ecclesiastical jurisdiction. At the Convocation
of 1420, in answer to the synodical statutes of Nicholas Tromba,
archbishop of Gniezno, the nobility forbade its members to appeal to
ecclesiastical courts.[440] According to a document of 1433, issued
to Bishop Bodzanta of Cracow, laymen were not to be cited before
ecclesiastical courts.[441] In 1447 the nobility sought to confine
episcopal jurisdiction to matters strictly ecclesiastical, such as
questions of faith, heresy, marriage, and religious indifference in
cases of those that had not confessed once a year at least.[442]
Disputes over tithes, seized or withheld, according to this foregoing
agreement between the nobility and the clergy, were to be settled in
episcopal courts, but they were to be adjudicated according to law. If
the accused failed to answer the first summons, a second one was to be
issued to him at his expense; and he could not be excommunicated until
he was duly tried.[443] In matters belonging to civil courts the clergy
were forbidden by the Statute of 1496 to summon persons before their
courts.[444] By the Constitution of 1505 civil matters were withdrawn
from episcopal courts altogether, and henceforth ecclesiastical
judges were forbidden to adjudicate them.[445] Furthermore, to avoid
complications in the administration of justice and to minimize
difficulties in the execution of verdicts, the Diet of 1532 called upon
the clergy in synod assembled to determine what cases they regarded
as belonging to their jurisdiction, and instructed the commission
appointed to revise existing laws to define the exact scope of the
jurisdiction of the spiritual and secular courts.[446] Unfortunately,
the commission allowed the episcopal courts too wide a scope, and
consequently its report was rejected. The Statute of 1543 again
undertook to define the jurisdiction of the two classes of courts,
but it was in force for one year only.[447] And once more, a statute
of 1550, confirming existing laws, provided that no person should be
summoned before any court unless his case fell within the jurisdiction
of that court,[448] and a clergyman was forbidden to hold the office of
clerk in a secular provincial court.[449]
Public-domain text, read in full here on John Shaqi.
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