The Law of the Church; A Cyclopedia of Canon Law for English-Speaking Countries (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... judge 1. A judge is one who is vested with lawful authority to hear and pronounce sentence (q.v.) upon causes in litigation in the external ecclesiastical forum. 2. There are various kinds of ecclesiastical judges: (1) Judges by divine right, e.g. the Pope; judges by ecclesiastical right. (2) Judges ordinary, who have a right inherent in their office or dignity, e.g. bishops in their dioceses; judges delegate, who exercise another's jurisdiction at his mandate or by law. (3) Judges who can individually exercise their powers; judges who can only exercise their powers collectively. (4) Judges who are appointed by authority; judges who are chosen by the litigants, either voluntarily or at the command of the law. See Assessor. (5) Judges a quo, from whom appeals are made; judges ad quem, to whom appeals lie. (6) Judges who are deputed for all causes; judges who are deputed only for particular causes. 3. The ecclesiastical judges are: (1) The Pope, the sacred congregations and Roman tribunals, metropolitans in their provinces, bishops in their dioceses, and other prelates, e.g. the vicar general, having ordinary jurisdiction in the external forum. (2) Legates, nuncios, apostolic delegates (q.v.), and visitors. (3) Synodal judges (q.v.). (4) The judge of the diocesan ecclesiastical court. (5) Extraordinary judges deputed ad hoc. 4. The following persons are disqualified by nature or by law from acting as judges: (1) The deaf, or dumb, or insane, or illiterate. (2) The infamous, whether iuris or facti, women, minors, or lay persons. Laics are excluded from acting as ecclesiastical judges save by the appointment of the Pope; but with the bishop's leave they can act as assessors in an ecclesiastical trial. 5. As the more important offices ex iure...