Page:Catholic Encyclopedia, volume 17.djvu/249

 OOtmTS 233 coxmTS

until his successor orders it to be continued. putes between exempt clerical religious or in a

Codex ivr, cm., 222-29. monastery sui juris, is usually the provincial or

Oonrts, EocLEBUsncAL (cf. C. E., IV-447).— local abbot respectively; in suits between two Cases brought before the ecclesiastical courts for the provinces or two monasteries, the general or head infliction or declaration of a penalty are called of the monastic congregation respectively, or their criminal, otherwise they are termed contentious, delegate; but between different orders or between The pope alone may deal judicially with all suits non-exempt or lay religious, or between a religious involving rulers, their children and the heirs ap- and secular cleric or layman, the local ordmary parent to the throne, cardinals, papal legates, and acts as judge.

readential or titular bishops in cnminal cases. . T^^ Court of second instance^An appeal is ordi- tribunals of the Holy See have exclusive junsdic- warily taken from the court of a siS^n to the smts— but disputes concermng the rights or tern- - - -.
 * ^? ^w i^^ fwdential bishoos in contentious metropolitan {see Appeals). K the ^t decision

poral property of a bishop, or the mensot esan curia.

before a (Lw^^ —, ^^ «,^ ^. ,^^ w— w— ..

and two of the older synodal judges or by the P^ ^^^ ^ appeal may be taken, if the dispute judge immediately higher; (b) dioceses or moral ^^T^ot become res judu^ata, to the S^^ ecclesiastical persons subject immediately to the ft?** i^T final decifflon(C.E., Xm-205).^ K a pope, for instance, exempt religious orders. Only l^^^^ is dissatisfied with the proceedings m the a judge appointed by the pope has jurisdiction in ?^*.? °^/"® grounds of violation of secrecy, or par- a case which the sovereign pontiff has taken up. ^^f^}? ^f »» auditor, or if he contests the validity The suit is to be decided in the defendant's forum, ^f the judgment, he can addrMs himseff to the but if the defendant has several fora, the plaintiff Apostolic Signature (C. E., XIII-149), which may may choose between them. A peregnnus in Rome examine his complaint and, if equitable, refer the may be cited to appear there, but he has the right ?^**^',9ack to the Rota for its consideraUon. The of returning home and of asking that the case be Apostolic Signature, moreover, can decide questions remitted to his own ordinary; on the other hand ^^ competency, if the judges between whom the a person who has been stopping a year in Rome coi^ict of opinion has arisen are not subject to a may insist on being cited before a Roman tribunal. '^W^^ tnbunal, and further it is delegated to ex- Court of first instance.— UsuaUy a case is first *°^^® and answer petitions addressed to the soy- heard in the diocesan court, where the local ordi- ^^^JS^ pontiff asking to have a suit sent before the nary is ex-officio the judge: he may act, person- 5°J*\u^*^ Aportolic SiKuature is never boimd to ally or through others. Each bishop must appoint state the r^son for its decimon, but it may do so. an official, other than the vicar general— unlesa Delegated Courte.— A judge delegated by the owing to the small size of the diocese it is prefer- ^^W. See may avail himself of the services of the able that one priest should hold both offices-with cunal officers of the diocese m which he is to ad- oixiinaiy power of deciding litigation. He and the Judicate, or of any other persons (unless restncted bishop form one tribunal, and he may adjudicate in by the rescnpt); but those delegated by a local all cases except those that the bishop reserves to ordinary must employ the officers of the diocesan himself. The official, who may have vice-officials fj"^* ^e® the bishop for grave cause decrees as assistants, should be a priest, not less than thirty **^* ^Pecial assistants should be engaged, vears old and skilled in law; he may be removed Procedure, — ^The judge proceeds with the case by the bishop; during a vacancy he continues in only at the request of the litigants if the dispute office, and cannot be removed by the vicar capitu- is merely personal, but in criminal suits or those lar; but he requires confirmation by the new involving the interests of the Church or the salva- bishop. If the vicar general happens to be the tion of souls he proceeds in virtue of his office, official during a vacancy, he ceases to be vicar. Dilatory exceptions, particularly those regarding but continues as official. If the official is chosen persons, must be taken before the pleading (con- vicar capitular, he is to appoint a new official. In testatio litis), unless the grounds for objecting arise addition each diocese should have a number of later or the party swears that they had not come priests, not more than twelve, to act as judges to his notice earlier; the competency of the judge, with power delegated by the bishop; they are ap- however, may be questioned at any stage of the pointed usually in the synod and are known as case, and an exception based on excommunication synodal judges; they hold office for ten years, and may be raised at any time before the definitive can be removed only for grave cause by the bishop judgment. Peremptory exceptions known as litis after consulting the cathedral chapter. It is now finitce, which would stop the suit entirely if upheld, laid down, all customs to the contrary beins repro- are to be taken and decided before the pleading; bated and all contrary privileges revoked, that (a) they may be taken later, but the party objecting contentious cases concerning the bond of holy or- must pay the costs, unless he proves tnat he was ders, matrimony, the ri^^hts or temporalities of the not responsible for the omission; other peremptory cathedral and all criminal cases entailing loss of objections are to be made during the course of permanent benefices or excommunications are to the trial. Counterclaims may be made after the De tried before a collegiate tribunal of three judges; pleadings; they are to be tried ordinarily along (b) crimes involving deposition, perpetual loss of with the original suit. The question of surety for the right to wear clerical dress, and degradation costs and other similar matters are generally to are reserved to a tribunal of five judges. The local be discussed before the pleadings. Extension of ordinary may have any other case tried before time may be granted to either party by the judge three or five judges^ and must do so in cases of if it is requested before the customary period has serious moment. These collegiate tribunals decide elapsed, except when the law has laid down a limit by a majority vote. Though the bishop mav pre- after which it recognizes no legal claim to relief: side over the diocesan tribunal, except in the in- if the last day is a feast-day, the period is extended stances mentioned above, he is strongly advised not to the morrow.

to do so, particularly in criminal and grave con- The diocesan court is as a rule to be held in a tentious smts. The judge of first instance for dis- hall near the bishop's residence, which should con-