The ''privilegium fori'' (
Latin
Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through ...
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
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordan ...
.
Typically, it is an application of the principle of trial by one's peers, either by such a
jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment.
Juries developed in England d ...
or at least by a specific court from that social segment, such as a soldier by a
court martial
A court-martial or court martial (plural ''courts-martial'' or ''courts martial'', as "martial" is a postpositive adjective) is a military court or a trial conducted in such a court. A court-martial is empowered to determine the guilt of memb ...
, a cleric by an
ecclesiastical court
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than be ...
.
Canon law
''Privilegium fori'' used to be one of the
ecclesiastical privileges in the
canon law of the Catholic Church
The canon law of the Catholic Church ("canon law" comes from Latin ') is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Cathol ...
: a member of the
clergy
Clergy are formal leaders within established religions. Their roles and functions vary in different religious traditions, but usually involve presiding over specific rituals and teaching their religion's doctrines and practices. Some of the ter ...
received a special tribunal in civil and criminal causes before an
ecclesiastical judge
An ecclesiastical judge ( la, Judex, or ) is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. Up until 1858 when Ecclesiastical courts were abolished, ecclesiastical judges tried church c ...
.
This privilege was based on provisions in
Roman law
Roman law is the legal system of ancient Rome, including the legal developments spanning over a thousand years of jurisprudence, from the Twelve Tables (c. 449 BC), to the '' Corpus Juris Civilis'' (AD 529) ordered by Eastern Roman emperor J ...
, 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.
References
Catholic Church legal terminology
Latin legal terminology
Tribunals of the Catholic Church
Catholic procedural canon law
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