3207

RRR: 
3207
YEAR: 
1257
text: 
May 11. Lateran. Pope Alexander IV writes to Patriarch [Jacques Pantaléon] of Jerusalem, papal legate, relating that the latter told him that in his province clerics often bring cases against laymen over real estate in the ecclesiastic courts, but the laymen take exception that, because the items are held by royal fief of the Kingdom of Jerusalem, they are not obliged to respond in the ecclesiastical courts, especially since they are prepared to pay the bailli of the kingdom the dues for these things and to respond before him, who is not negligent or remiss in dispensing justice. It is countered that when the dispute concerns these things not qua feudal and those who seek these things do not admit that they are feudal, the person who is claimed to be the feudal lord should not judge, but the ecclesiastical judge should know these cases, especially since the throne is presently vacant. For although the bailli can do many things, by the custom or assisia of the kingdom the bailli himself cannot judge concerning a royal fief. The patriarch asked the pope’s advice, and the pope replies that if the clerics take to the ecclesiastical courts cases over real estate against laymen and the laymen object that these things are feudal, and it is known or proven to the judge that this is so, the cases are to be referred to the lord of the fief. If there is a custom or assisia in the kingdom on the matter, however, the patriarch as legate can decide in order to protect the rights of the churches and ecclesiastical persons.
Sources: 
Bourel de La Roncière, Les registres, 2:598-99, no. 1936

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