Правове підґрунтя середньовічної папської дипломатії: інститут легатів

Abstract

The article is devoted to the study of medieval legal reflection regarding the institution of papal legates, ‘officium legationis’ and diplomatic representation, the role of canon law in the conceptualization of the ambassador's position and the development of the idea of the diplomatic ‘profession’. The authors stated that medieval canon law for hundreds of years had a significant impact on the development of Western legal norms and contributed to the development of the international law system, the formulation of diplomatic law, the definition of the essence of the diplomatic service, the approval of the immunity of ambassadors and the spread of the practice of permanent diplomatic representation. It is noted that the inviolability of papal envoys was enshrined in the “Decretum” of Gratian, based on Roman law, and violation was immediately punished by interdict and excommunication. Pope Honorius III (1216–1227) adopted a constitution that equated attacks on cardinals with crimes against majesty. The rank gradations within the legate function, the powers of legates, nuncios and lower-status envoys, material conditions, financial support and cost of missions, organization of work of the legate office, instructions and reports, reward or compensation, immunity and privileges of papal envoys have been clarified. It is substantiated that the legal norm of the institution of legacies developed during the 13th century and was only improved in the late Middle Ages from the point of view of secular justice. The conclusion that the institute evolved from the temporary missions of the legates to the permanent nunciature as a stable diplomatic representation of the papacy at the imperial, royal and princely courts is confirmed. The opinion is expressed that the influence of the papacy and canon law contributed to the formation of the field of secular early modern and modern diplomatic concepts and practices. The authors came to the conclusion that the latest studies question the classic dichotomy between medieval and modern diplomacy, open up new opportunities thanks to the multi-level analysis of sources, reorient to the study of primarily the communicative component of diplomacy (as a space for interaction and negotiations), the multiplicity of diplomatic actors.