Vybrané instituty římsko-kanonického procesu v praxi pražské konzistoře ve 14. století: exceptiones in ordine iudiciario

Abstract

The article focuses on the legal institute of exceptiones in selected tractates written in the 14th century in the diocese of Prague. The first part introduces Circa processum iudiciarium and its inspirational sources, mainly rooted in William Durand’s Speculum iudiciale. The article also analyses Ordo iudiciarius secundum stilum Pragensem with emphasis on the use and different forms of exceptiones. In addition the submission focuses on other institutes of Roman-Canon law bonded with defences, such as replicationes and interlocutory sentences. Second part of this submission examines the praxis of ecclesiastical courts within the diocese of Prague and their application of selected institutes. Such analysis is conducted based on preserved court files of the General Vicariate as well as judicial charters. The aim of the article is to connect the theoretical concepts of tractates with actual judicial application and usage of these institutes within the Roman-Canon procedure.