The New Procedure In Criminal And Disciplinary Causes Of Ecclesiatics In The United States, Or, A Clear And Full Explanation Of The Instruction "Cum Magnopere" Issued By The S. Congr. De Prop. Fide, In 1884, For The United States
Publisher: Fr. Pustet
Published: 1888
Place of publication: New York, USA
Language: eng
Table of contents: title: CONTENTS.; title: Title Page, 1; title: Imprimatur and Testimonials, 2; title: Preface, 4; title: PART I.; title: The INSTEUOTIO CUM MAQ-NOPEEE in general.; title: CHAPTER I.; title: Heading and Preamble of the Instruction CUM MAGNOPERE.; title: ART. I.; title: Rules for explaining and understanding the Instruction, 7; title: ART. II.; title: Nature of the trial outlined in the Instruction, 12; title: ART. III.; title: Aim or scope of the Instruction, 13; title: ART. IV.; title: Causes or matters to which the Instruction extends, 16; title: ART. V.; title: Synopsis of the Instruction and of the trial, 20; title: PART II.; title: The INSTRUCTIO CUM MAGNOPEEE in detail.; title: CHAPTER I.; title: Preventive Remedies— Manner of Imposing them.; title: ART. I.; title: Right and Duty of the Ordinary to inflict Canonical Remedies,  24; title: ART. II.; title: The various kinds of Canonical Remedies, 25; title: ART. III.; title: Discretionary power of the Ordinary in inflicting punishments, 25; title: ART. IV.; title: What are the Preventive Remedies?  28; title: ART. V.; title: When and how are the Preventive Remedies Imposed?  28; title: ART. VI.; title: How the Canonical Admonitions are given, 30; title: ART. VII.; title: When the Formal Precept is Imposed— its tenor, 32; title: ART. VIII.; title: How the Precept is Communicated to the delinquent, 33; title: CHAPTER II.; title: The Canonical Summary Trial, or mode of proceeding, which must be observed in the United States, in inflicting Repressive Punishments.; title: ART. IX.; title: Is a trial always necessary before a Repressive Punishment can be inflicted? 37; title: § 1. Procedure ex informata conscientia, 37; title: § 2. Procedure ex notorio,  42; title: ART. X.; title: Form of trial. Various classes of crimes,  48; title: § 1. Different classes of crimes punishable, 49; title: § 2. Nature of the trial,  51; title: ART. XI.; title: Manner of beginning the trial, 55; title: ART. XII.; title: The preliminary trial which precedes the citation of the accused, 63; title: ART. XIII.; title: The Diocesan Prosecutor,   75; title: ART. XIV.; title: Mode of serving judicial notices and citations, 81; title: ART. XV.; title: Groundwork or basis of the Prosecutor's charges, 82; title: ART. XVI.; title: What kind of proof is required for the citation and eventual conviction and condemnation of the accused?  85; title: ART. XVII.; title: How witnesses are examined pro informatione curiae, prior to the citation of the accused,  94; title: ART. XVIII.; title: The oath taken by the witnesses and by others who take any part in the trial,  110; title: ART. XIX.; title: How witnesses are examined who are in a distant part of the diocese, or out of it altogether, 103; title: ART. XX.; title: Admissibility of hear-say or indirect witnesses, 109; title: § 1. Witnesses de credulitate, 110; title: § 2. Witnesses de auditu alieno, 111; title: § 3. Hear-say Witnesses — Testes de fama, de Relate, 113; title: CHAPTER III.; title: The Trial continued— From the citation to the defence of the accused.; title: ART. XXI.; title: Citation of the accused,  ,119; title: ARTS. XXII., XXIII.; title: Contents of the Citation, 122; title: ART. XXIV.; title: Contumacy of the accused, or his refusal to obey the citation, 123; title: ART. XXV.; title: The hearing given the accused as soon as he appears on due citation. Exceptions proposed by him, 127; title: ART. XXVI.; title: The Plea or issue and the Production of the Proofs of guilt, 131; title: § 1. The "Contestatio delicti' 131; title: § 2. Manner in which the Prosecutor produces - the proofs of guilt. — " Processus Publicatio," 137; title: CHAPTER IV.; title: The defence.— Close of the Trial.; title: ART. XXVII.; title: The Defence. — Mode of conducting it, 153; title: ART. XXVIII.; title: Delays given during the trial, 159; title: ART. XXIX.; title: Close of the Trial and Resum6 of the auditor, 161; title: CHAPTER V.; title: The summing-up, and the final sentence.; title: ART. XXX.; title: The Defendant's Advocate. — Appointment, Rights, and Duties, 165; title: ART. XXXI.; title: When the judge appoints an advocate for the accused, 171; title: ART. XXXII.; title: The summing up of the case by the Defendant's advocate, 172; title: ART. XXXIII.; title: The summing up by the Diocesan Prosecutor, 174; title: ART. XXXIV.; title: The final sentence — Its form and tenor, 176; title: ART. XXXV.; title: How the sentence is delivered to the accused, 178; title: CHAPTER VI.; title: Appeals.; title: ART. XXXVI.; title: Nature, object and effect of appeals,  181; title: § 1. Nature and object of appeals, 182; title: § 2. Who can, and who cannot appeal ? 184; title: § 3. To whom should appeals be made ? 185; title: § 4. In what cases is it allowed to appeal ? In what cases is it forbidden to appeal? 186; title: I. Cases which do not admit of any appeal whatever, 187; title: II. Cases which admit only of a devolutive appeal, or even only of a simple recourse, 189; title: III. Cases which admit of a suspensive appeal, 198; title: ART. XXXVII.; title: When the appeal must be interposed, 203; title: ART. XXXVIII.; title: Duties of the judge " a quo," with regard to appeals, 206; title: ART. XXXIX.; title: Right and duties of the judge " ad quem," in regard to receiving appeals, issuing inhibitions, and revoking attentates, 209; title: § 1. Admission of the appeal,   209; title: § 2. Inhibitions, 215; title: § 3. Attentates, 218; title: ART. XL.; title: Extinction of the appeal, 221; title: ART. XLI.; title: Mode of adjudicating appeals,   223; title: § 1. Procedure before the Metropolitan, 223; title: § 2. Procedure before the S. C. de Prop. Fide, 228; title: § 3. How the Sacred Congregation hears and decides appeals, 231; title: CHAPTER VII.; title: Several other questions treated by the instruction.; title: ART. XLII.; title: How the ordinary is to act, when an ecclesiastic is placed on trial before the civil court, 237; title: ART. XLIII.; title: When ordinaries should consult the Holy See — Nullity of the proceedings, 238; title: § 1. Questions addressed to the Holy See, 238; title: § 2. Nullity of the proceedings — Complaint of nullity, 239; title: § 3. Reinstatement, 241; title: § 4. Recourse, 242; title: ART. XLIV.; title: When can an episcopal court be condemned to pay costs and damages?  242; title: CHAPTER VIII.; title: Present status of our Rectors who are not irremovable under the Instruction "Cum Magnopere."; title: ART. XLV.; title: Dismissal and transfer of our Rectors who are not irremovable, 246; title: § 1. Dismissal of our removable Rectors, 246; title: § 2. Transfer of our Rectors, who, are not irremovable, 251; title: INDEX TO APPENDIX.; title: I. The Instruction of the S. C. de Prop. Fide, "Cum Magnopere" of 1884. Latin text, with an accurate English translation. 255; title: II. The constitution ad Militantis of Pope Benedict XIV., concerning appeals — and inhibitions. 265; title: III. Decrees issued by the Sacred Congregation of Bishops, in 1600, respecting appeals and inhibitions. 276; title: IV. Decrees of Pope Urban VIII., issued in 1626, in regard to appeals and inhibitions 278; title: V. Additions to, and explanations of, some of the above decrees made by Pope Benedict XIII 279; title: VI. Appointment of a promotor generalis at Rome to represent and defend Episcopal courts, in cases appealed 285; title: VII. Decree issued by the S. C. EE. et RR. on Dec. 18, 1335, for criminal causes  287; title: VIII. Circular issued by the S. C. EE. et RR. on Aug. 1, 1851, respecting criminal causes 288; title: IX. Formulas of trials in criminal causes made obligatory in the circular of the C. S. EE. et RR. of Aug. 1, 1851 290; title: X. Resolution taken by the S. C. EE. et RR. on Feb. 22, 1839, regarding appeals 292; title: XI. Decree of Pope Benedict XIII., forbidding the oath to be administered to the accused 293; title: XII. Provisional Regulation concerning the hearing of Appeals at Rome 294; title: XIII. Decree of the S. C. de Prop. Fide, issued in 1884, regarding Suspensions "ex inf. conscientia." 295; title: XIV. Resolution of the Propaganda, in 1887, respecting the Dismissal and Transfer of our Rectors who are not Irremovable. 297; title: XV. The Repetition of Witnesses 298