Page:Catholic Encyclopedia, volume 5.djvu/752

 EXAMINATION

674

EXAMINATION

must enter into all effectual instruction, for it is not sufficient that a liook be placed in the hands of a pupil or that he be compelled to attend lectures, but it is necessary to see that he grasps the ideas conveyed. Such tests are widely in vogue in Catholic institutions, as they are in those not subject to the Church. Ex- aminations, however, have other purposes, especially as tests of qualifications for offices or positions, and as investigations to arrive at the truth. It is particu- larly under these aspects that the question of examina- tions now presents itself.

Examination jor Appointment to Parochial Bene- fices. — The Council of Trent, realizing that parishes should be ruled over by men of virtue and learning, decreed (Sess. XXIV, c. xviii, De ref.) that the cure of souls should be entrusted only to those who, in a com- petitive examination or concursus, have demonstrated their fitness. The purpose of this examination is not only to exclude unworthy candidates, but to secure the selection of the best. Clement XI and Benedict XIV determined the form of this examination (see CoNCUR.sus; ExA^UNER.s, Synodai.).

Examination jor Promotion to Orders. — The Council of Trent (Sess. XXIII, c. vii, De ref.), repeating the legislation of pre\'ious councils, prescribes that a bishop promote no one to orders in the Church till priests and others prudent and learned, appointed by the bishop, pass upon the candidate's qualifications. This investigation is concerned with legitimate birth, baptism, confirmation, freetlom from irregularity, age, title of ordination, morals, faith, and knowledge. In practice, however, the examination is confined to learning, as other requisites are investigated in ad- vance and attested by proper documents, of the chan- cellor, pastor, rector of seminary, etc. The place, form, matter, number of examiners, and other details of the examination are left to the bishop. A prelate commissioned by another to ordain the latter's subject is free to submit the candidate to an examination or not, as he may deem proper, unless, for grave reasons, he suspect the unfitness of the candiilate, notwith- standing a previous examination, or unless he be com- missioned by the candidate's bishop to hold the exam- ination. Members of religious orders are examined by their own superiors and likewise by the ordinary prel- ate, except the Jesuits and some others who by special privilege are exempt from examination by the ordi- nary prelate (see Examiners, Apostolic).

Examination of Bis)wps- Elect. — In addition to the examination in the Roman Pontifical, Gregory XIV prescribed another for bishops-elect, while Clement VIII instituted a congregation of cardinals for this purpose. This examination, however, developed into little else than a ceremony, since bishops are iTot se- lected till assurance is given of their prudence, piety, and learning. The late reorganization of the Roman Curia puts this matter under the Consistorial Congre- gation. Cardinals who are to receive episcopal conse- cration are exempt from this examination.

Examination oj Confessors. — The Council of Trent (Sess. XXIII, c. XV, De ref.) established the necessary requirements of episcopal approbation for all priests, both secular and regular, to hear confessions, advising an examination as a test of fitness, though bishops are free to approve, without such test, those priests who in their judgment are qualified for the work. Memljers of the regular clergy, without exception, may be obliged by the ordinary of the diocese to undergo this test, if they would hear the sacramental confessions of secular persons. Once apiirovcd, however, they are not to be subjected to another examination, unless some grave cause relating to confessions arise (see Examiners, Apostolic).

Examination of Preachers. — The ordinary of a dio- cese may submit to an examination members of relig- ious bodies who desire to preach in the diocese in churches other than those of their own order. Once,

however, he has given his approbation, he may not in- sist on a second examination, though for just cause he may withdraw the permission given to preach. The bishop's successor in office may demand a re-examina- tion.

Examination of Those Wishing to Contract Mar- riage. — Before publishing the banns of marriage the pastor questions separately the contracting parties re- garding their place of residence, to ascertain whether he has a right to unite them in matrimony. He in- quires, likewise, w-hether they are acting with perfect freedom, or perhaps under duress, fear, or other motive which might invalidate the contract. He learns of any opposition on the part of parents to the proposed union, as well as of the possible existence of any matri- monial impediment. He must ascertain, moreover, whether the parties are sufficiently grounded in the rudiments of the Catholic religion and capable, conse- quently, of instructing their offspring. If the parties belong to different parishes, by whom is this investiga- tion to be conducted? Local regulations and customs are to be observed, since there is neither positive uni- versal legislation nor uniform practice in this matter.

Examination of Witnesses. — In ecclesiastical, as in civil, courts witnesses are examined under oath, ad- ministered by the auditor or judge, who should first call the witness's attention to the nature and binding effect of an oath and to his duty of telling the truth. The oath must be to the effect that the witness will tell the truth, the whole truth, and nothing but the truth. If thought advisable by the judge, the oath may also contain the promise of secrecy. A statement not sworn to does not constitute evidence. Witnesses are examined separately. In civil trials the interested parties have a right to be present when witnesses are deposing and may not be excluded except in rare cases approved by the judge. In criminal or other cases, where public rather than private mterest is at stake, the practice is to exclude the plaintiff and defendant, as well as other witnesses. Here, also, in extreme cases an exception may be made. If, however, the de- fendant is not allowed to confront the witnesses cited by the plaintiff and vice versa, he is permitted to see the witnesses take the oath and may suggest interrog- atories to be proposed.

Witnesses are to be asked or cited, but not neces- sarily in a formal manner, to appear in court and tes- tify. He who offers his testimony un.solicited is sus- pected. The examination of witnesses is conducted by the judge. The interrogatories, which are general and special, should be clear and capable of a direct and definite answer. The general questions concern the name, residence, profession, age, and religion of the witness. His relations to plaintiff or defendant, his habits, prejudices, associations, motives, his physical defects, and, at times, his mental qualities, his means of knowledge, powers of discernment, and his memory may be relevant. The special queries are drawn from the crime or charge, and should be relevant or material to the fact at issue. The judge must ascertain how m\ich of the deposit ion is of personal knowledge, or only hearsay evidence or rumour, or perhaps mere opinion or inference. Circumstances of place, persons, time, etc. may be pertinent. Leading or suggestive ques- tions, which suggest the answer desireil, are not per- mitted. The rules of competency of witnesses are re- ducible to two, a knowledge of the facts in the case and veracity. In weighing the evi<lence, however, the judge must consider not only the knowledge and credi- bility of the witness, luit also the quality of the deposi- tion and its weight in comparison with that of other witnesses. While exception may be taken to a wit- ness, if unsustained it does not disqualify him. The testimony is written down by the secretary or clerk and is read by him to the witness. Adilitions or cor- rections, if necessary, are made. The witness affixes liis signature, or, if unable to write, he makes his mark,