The privilegium fori (Latin for "privilege of the (legal) forum") is a generic term for legal privileges to be tried in a particular court or type of court of law.[1] Typically, it is an application of the principle of trial by one's peers, either by such a jury or at least by a specific court from that social segment, such as a soldier by a court martial, a cleric by an ecclesiastical court.[1]
Canon law
editPrivilegium fori used to be one of the ecclesiastical privileges in the canon law of the Catholic Church: a member of the clergy received a special tribunal in civil and criminal causes before an ecclesiastical judge.[1][2] This privilege was based on provisions in Roman law, which worked their way into church law and received preliminary codification in Gratian's Decretum, though later popes continued to adjust the terms of the privilege.[3]
See also
editReferences
edit- ^ a b c Borg-Muscat, David (1933). "Reassessing the September 1775 Rebellion: A Case of Lay Participation or a 'Rising of the Priests'" (PDF). Melita Historica. 3 (2): 242–243. Archived from the original (PDF) on 16 April 2016.
- ^ Sägmüller, Johannes Baptist (1911). "Ecclesiastical Privileges". New York City: Robert Appleton Company (Catholic Encyclopedia). Archived from the original on 7 April 2016.
- ^ Duggan, Anne J. (2017). "Clerical Exemption in Canon Law from Gratian to the Decretals". Religious Exemption in Pre-Modern Eurasia, c. 300-1300 CE. pp. 78–100. doi:10.1553/medievalworlds_no6_2017s78. ISBN 978-3-7001-8243-6. ISSN 2412-3196 – via Medieval Worlds.
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