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Ecclesiastical judge
Within the Catholic Church, an ecclesiastical judge (Latin: judex, or judex ecclesiasticus) is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. The judge presides over all baptized persons within their jurisdiction.
The official body appointed by the qualified ecclesiastical authority for the administration of justice is called a court (judicium ecclesiasticum, tribunal, auditorium) Every such ecclesiastical court consists at the least of two sworn officials: the ecclesiastical judge who gives the decision and the clerk of the court (scriba, secretarius, scriniarius, notarius, cancellarius), whose duty is to keep a record of the proceedings and the decision. As a rule, however, an ecclesiastical court forms a collegiate tribunal, the members of which either join with the presiding officer in giving the decision as judges (judices) or merely advise with him as councillors (auditores, assessores, consultores, consiliarii).
Connected with the courts are advocates, procurators, syndics, defenders, promoters, conservators, apparitors, messengers etc. The procurators and advocates conduct the case as the representatives or defenders of the parties to the suit; the syndic is the counsel of a juridical person, a collegiate body or a chapter. The chief duty of the conservators is to represent the rights of the personae miserabiles, i.e. members of orders, the poor, widows, orphans. The fiscal promoter (promotor fiscalis) is appointed by the ecclesiastical authorities to watch over ecclesiastical discipline, consequently in penal cases he appears as public prosecutor. A defensor matrimonii, or defender of the matrimonial tie, assists in suits concerning the invalidity of a marriage.
Up until 1858, ecclesiastical judges tried church clergy in church courts or ecclesiastical courts. Charges dealt in these courts were often very lenient, especially when dealt to church clergymen.
The ecclesiastical judge must have certain physical and moral qualities. He must be competent, i.e. must be authorized to pass judgment on a given person in a given case. Proceedings held before a judge without competence are null and void. It is necessary to have full use of his senses and understanding, and suitable legal knowledge; the person appointed must be at least 20 years old; but 18 years will suffice for a judge appointed by the pope or if the parties agree to it. The judge must have a good reputation, must not be excommunicated, suspended from office, or under an interdict.
The judge must be impartial; a suspicion of partiality attaches to the judge who is personally interested in a case or is related by blood within the fourth degree to one of the parties, or connected with one by marriage, or who lives in the same house, or dines at a common table, or is otherwise friendly, or on the other hand inimical, towards one of the parties, and he may be rejected (recusari, exceptio judicis suspecti) by the accused or by both parties as prejudiced (suspectus). If objection be raised against a judge on the ground of prejudice, which must be done in writing and if possible before the beginning of the action, arbitrators are to pass on the objection; if, however, objection be raised against the delegate of the bishop, the decision rests with the bishop. If the objection be declared well-founded, the judge transfers the case, with the concurrence of the party who brought the accusation, to another or to a higher judge.
If the judge lacks the necessary qualifications, and this be known to the parties in the suit, the decision is invalid; if, however, his unfitness be unknown to the parties, and he follow statute canon law, the church supplements the deficiency, even if the judge have acted in bad faith.
Ecclesiastical jurisdiction is exercised over all baptized persons. Those subject to the jurisdiction of a certain judge are said to be within the competence (competentia) of his court, or have their forum in him. The forum is either the free, voluntary choice of the parties (forum prorogatum), or it is defined by law (forum legale), but in criminal and matrimonial cases there is no forum prorogatum. Ecclesiastics can choose another judge only with the permission of the bishop, and in this case he must be an ecclesiastic The legal forum (forum legale) is either ordinary, if the proper course of the regular courts is followed, or extraordinary, if for legal reasons a regular court is passed over. Moreover, the forum legale is either general (commune), corresponding to the universally valid law, or special or privileged (speciale sive privilegiatum), resting on privilege, as in the case of ecclesiastics on account of the privilegium fori which they cannot renounce.
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Ecclesiastical judge AI simulator
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Ecclesiastical judge
Within the Catholic Church, an ecclesiastical judge (Latin: judex, or judex ecclesiasticus) is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. The judge presides over all baptized persons within their jurisdiction.
The official body appointed by the qualified ecclesiastical authority for the administration of justice is called a court (judicium ecclesiasticum, tribunal, auditorium) Every such ecclesiastical court consists at the least of two sworn officials: the ecclesiastical judge who gives the decision and the clerk of the court (scriba, secretarius, scriniarius, notarius, cancellarius), whose duty is to keep a record of the proceedings and the decision. As a rule, however, an ecclesiastical court forms a collegiate tribunal, the members of which either join with the presiding officer in giving the decision as judges (judices) or merely advise with him as councillors (auditores, assessores, consultores, consiliarii).
Connected with the courts are advocates, procurators, syndics, defenders, promoters, conservators, apparitors, messengers etc. The procurators and advocates conduct the case as the representatives or defenders of the parties to the suit; the syndic is the counsel of a juridical person, a collegiate body or a chapter. The chief duty of the conservators is to represent the rights of the personae miserabiles, i.e. members of orders, the poor, widows, orphans. The fiscal promoter (promotor fiscalis) is appointed by the ecclesiastical authorities to watch over ecclesiastical discipline, consequently in penal cases he appears as public prosecutor. A defensor matrimonii, or defender of the matrimonial tie, assists in suits concerning the invalidity of a marriage.
Up until 1858, ecclesiastical judges tried church clergy in church courts or ecclesiastical courts. Charges dealt in these courts were often very lenient, especially when dealt to church clergymen.
The ecclesiastical judge must have certain physical and moral qualities. He must be competent, i.e. must be authorized to pass judgment on a given person in a given case. Proceedings held before a judge without competence are null and void. It is necessary to have full use of his senses and understanding, and suitable legal knowledge; the person appointed must be at least 20 years old; but 18 years will suffice for a judge appointed by the pope or if the parties agree to it. The judge must have a good reputation, must not be excommunicated, suspended from office, or under an interdict.
The judge must be impartial; a suspicion of partiality attaches to the judge who is personally interested in a case or is related by blood within the fourth degree to one of the parties, or connected with one by marriage, or who lives in the same house, or dines at a common table, or is otherwise friendly, or on the other hand inimical, towards one of the parties, and he may be rejected (recusari, exceptio judicis suspecti) by the accused or by both parties as prejudiced (suspectus). If objection be raised against a judge on the ground of prejudice, which must be done in writing and if possible before the beginning of the action, arbitrators are to pass on the objection; if, however, objection be raised against the delegate of the bishop, the decision rests with the bishop. If the objection be declared well-founded, the judge transfers the case, with the concurrence of the party who brought the accusation, to another or to a higher judge.
If the judge lacks the necessary qualifications, and this be known to the parties in the suit, the decision is invalid; if, however, his unfitness be unknown to the parties, and he follow statute canon law, the church supplements the deficiency, even if the judge have acted in bad faith.
Ecclesiastical jurisdiction is exercised over all baptized persons. Those subject to the jurisdiction of a certain judge are said to be within the competence (competentia) of his court, or have their forum in him. The forum is either the free, voluntary choice of the parties (forum prorogatum), or it is defined by law (forum legale), but in criminal and matrimonial cases there is no forum prorogatum. Ecclesiastics can choose another judge only with the permission of the bishop, and in this case he must be an ecclesiastic The legal forum (forum legale) is either ordinary, if the proper course of the regular courts is followed, or extraordinary, if for legal reasons a regular court is passed over. Moreover, the forum legale is either general (commune), corresponding to the universally valid law, or special or privileged (speciale sive privilegiatum), resting on privilege, as in the case of ecclesiastics on account of the privilegium fori which they cannot renounce.