Question

look at the Fourth Lateran Council's Canon 18, and argue why a defendant should not be given a trial by ordeal, based upon this canon.

Answer 1

Answer:

Answer:

During the pontificate of Innocent III (1198-1216), there appears to have occurred much growth in the reform of the church and in its freedom from subservience to the empire as well as in the primacy of the bishop of Rome and in the summoning of ecclesiastical business to the Roman Curia. Innocent himself, turning his whole mind to the things of God, strove to build up the Christian community. Spiritual things, and therefore the church were to have first place in this endeavor; so that human affairs were to be dependent upon, and to draw their justification from, such considerations.

The council may, therefore, be regarded as a great summary of the pontiff’s work and also as his greatest initiative. He was not able, however, to bring it to completion since he died shortly afterward (1216). Christian disasters in the holy Land probably provided the occasion for Innocent to call the council. Thus the pontiff ordered a new crusade to be proclaimed. But he also used the crusade as an instrument of ecclesiastical administration, combined with reform of the church, namely in a fierce war against heretics which he thought would restore ecclesiastical society.

The council was summoned on 19 April 1213 to meet in November 1215. All the bishops and abbots of the church, as well as priors and even (which was new) chapters of churches and of religious orders — namely Cistercians, Premonstratensians, Hospitallers and Templars — and the kings and civil authorities throughout Europe, were invited. The bishops were explicitly asked to propose topics for discussion at the council, something which does not seem to have happened at the preceding Lateran councils. This was done by the legates who had been dispatched throughout Europe to preach the crusade. In each province only one or two bishops were allowed to remain at home; all the rest were ordered to be present. The purposes of the council were clearly set forth by Innocent himself: “to eradicate vices and to plant virtues, to correct faults and to reform morals, to remove heresies and to strengthen faith, to settle discords and to establish peace, to get rid of oppression and to foster liberty, to induce princes and Christian people to come to the aid and succor of the Holy Land… “. It seems that when Innocent summoned the council he wished to observe the customs of the early ecumenical councils, and indeed this fourth Lateran council was regarded as an ecumenical council by all learned and religious men of the age.

When the council began in the Lateran basilica in November 1215 there were present 404 bishops from throughout the western church, and from the Latin eastern church a large number of abbots, canons, and representatives of the secular power. No Greeks were present, even those invited, except the patriarch of the Maronites and a legate of the patriarch of Alexandria. The bond with the Greek church was indeed neglected, and matters became more serious through the actions of Latin bishops living in the east or through the decrees of the council.

The council began on 11 November with the pontiff’s sermon. He was especially looking for a religious outcome to the council. Soon, however, secular matters and power politics came to the fore. In the second session (on 20 November) the struggle for the empire between Frederick II and Otto IV was brought before the council and gave rise to a bitter and contentious debate. This affected the nature of the council in a way that had not been foreseen and revealed a certain ineffectiveness in Innocent’s plans for governing the church. Finally, the third session (on 30 November) was devoted to reading and approving the constitutions, which were proposed by the pontiff himself. The last decree dealt with preparations for a crusade — “Jesus Christ’s business” — and fixed 1 June 1217 for its start, though this was prevented by the pontiff’s death.

The seventy constitutions would seem to give proof of the council’s excellent results. The work of Innocent appears clearly in them even though they were probably not directly composed by him. He regarded them as universal laws and as a summary of the jurisdiction of his pontificate. Few links with earlier councils survive, those with the third Lateran council being the only relevant ones of which we know.