Papal judge-delegate
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.
The system began during the pontificate of Pope Pascal II
(1099–1118), when the first records appear of the papacy delegating some of its judicial authority to others for the resolution of cases. At first, it was used in order to expedite the discovery of local knowledge of cases, rather than to reduce the papal court's workload. Examples of this early stage include a case from Wales, during the pontificate of Pope Innocent II
. This was a dispute between 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.
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. 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.
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 Gilbert Foliot
, Bartholomew Iscanus
, Roger of Worcester
– serving over 60 times as judges-delegate for the papacy. Conflicts often arose between papal legates and judges-delegate, and Pope Celestine III
ruled that a papal legate could not change the decision of a judge-delegates but was allowed to confirm or implement the decision. Celestine did indicate that the legate was higher in rank than the judge, although he was sovereign in matters relating to his appointed case. Alexander III's decrees on the judicial delegation system form the basis for the description of the system in Pope Gregory IX
's 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
.
Papal documents referred to the delegates as iudices delegati. 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.
The system began during the pontificate of Pope Pascal II
Pope Paschal II
Pope Paschal II , born Ranierius, was Pope from August 13, 1099, until his death. A monk of the Cluniac order, he was created cardinal priest of the Titulus S...
(1099–1118), when the first records appear of the papacy delegating some of its judicial authority to others for the resolution of cases. At first, it was used in order to expedite the discovery of local knowledge of cases, rather than to reduce the papal court's workload. Examples of this early stage include a case from Wales, during the pontificate of Pope Innocent II
Pope Innocent II
Pope Innocent II , born Gregorio Papareschi, was pope from 1130 to 1143, and was probably one of the clergy in personal attendance on the antipope Clement III .-Early years:...
. This was a dispute between Bernard, the Bishop of St Davids, and Urban, the Bishop of Llandaff
Bishop of Llandaff
The Bishop of Llandaff is the Ordinary of the Church in Wales Diocese of Llandaff.-Area of authority:The diocese covers most of the County of Glamorgan. The Bishop's seat is located in the Cathedral Church of Saint Peter and Saint Paul , in the village of Llandaff, just north-west of the City of...
and was apparently delegated to acquire local knowledge of the dispute. It is only later, during the pontificate of Pope Alexander III
Pope Alexander III
Pope Alexander III , born Rolando of Siena, was Pope from 1159 to 1181. He is noted in history for laying the foundation stone for the Notre Dame de Paris.-Church career:...
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.
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. 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.
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 Gilbert Foliot
Gilbert Foliot
Gilbert Foliot was a medieval English monk and prelate, successively Abbot of Gloucester, Bishop of Hereford and Bishop of London. Born to an ecclesiastical family, he became a monk at Cluny Abbey in France at about the age of twenty...
, Bartholomew Iscanus
Bartholomew Iscanus
Bartholomew Iscanus was a medieval Bishop of Exeter.-Early life:Bartholomew was a native of Normandy, and was probably born in Millières, a village in the Cotentin near Lessay and Périers. He was a clerk of Theobald of Bec, Archbishop of Canterbury before becoming Archdeacon of Exeter in 1155...
, Roger of Worcester
Roger of Worcester
Roger of Worcester was Bishop of Worcester from 1164 to 1179. He had a major role in the controversy between Henry II of England, who was Roger's cousin, and Archbishop Thomas Becket.-Life:...
– serving over 60 times as judges-delegate for the papacy. Conflicts often arose between papal legates and judges-delegate, and Pope Celestine III
Pope Celestine III
Pope Celestine III , born Giacinto Bobone, was elected Pope on March 21, 1191, and reigned until his death. He was born into the noble Orsini family in Rome, though he was only a cardinal deacon before becoming Pope...
ruled that a papal legate could not change the decision of a judge-delegates but was allowed to confirm or implement the decision. Celestine did indicate that the legate was higher in rank than the judge, although he was sovereign in matters relating to his appointed case. Alexander III's decrees on the judicial delegation system form the basis for the description of the system in Pope Gregory IX
Pope Gregory IX
Pope Gregory IX, born Ugolino di Conti, was pope from March 19, 1227 to August 22, 1241.The successor of Pope Honorius III , he fully inherited the traditions of Pope Gregory VII and of his uncle Pope Innocent III , and zealously continued their policy of Papal supremacy.-Early life:Ugolino was...
's 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
Pope Innocent III
Pope Innocent III was Pope from 8 January 1198 until his death. His birth name was Lotario dei Conti di Segni, sometimes anglicised to Lothar of Segni....
.
Papal documents referred to the delegates as iudices delegati. 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.