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Advocates of Roman congregations are canon lawyers of the Catholic Church who practice in the Roman Curia, pleading cases before ecclesiastical tribunals.
These advocates may be priests or laypeople, as long as they are qualified by their familiarity with both canon and secular law.
The learning required of these advocates is exceptional and profound. Besides a thorough acquaintance with jurisprudence, both canonical and civil, they must also be versed in moral and dogmatic theology, and in ecclesiastical and secular history. Frequent references to the councils and canons of the church and to the papal decrees oblige them to acquire a deep and varied erudition which embraces various languages, ancient and modern.
In several ways the advocate of the Roman Court differs from the ordinary legal pleader. In the first place, it is not his duty to establish the facts in a given case. That is the business of another official called the procurator. The advocate assumes the facts delivered to him by the procurator to be true, and on them he builds his legal argument. Dealing as he does directly with points of law and not with the question of establishing facts, he is freed from the temptation of suborning false witnesses or distorting testimony. Again, a Roman advocate pleads always before learned judges, so he cannot appeal to the passions or indulge in theatrical displays of eloquence, as if he had to deal with a jury. His language is expected to be sober and refined, clear and precise. Having stated plainly the facts in the case, he is required to state equally plainly the laws on which the decision depends. Very frequently the advocate's plea is made in writing.
The recompense of a Roman advocate is a fixed sum, which is to be paid by the client whether the case be gained or lost. There is no temptation, therefore, to proceed to questionable means to obtain a favorable verdict. Moreover, the consistorial advocates are pledged to defend the poor free of charge in case of need.
A Pious Society of Advocates exists at Rome whose officers divide the cases of the poor among the members.
Consistorial advocates proper were originally only seven in number, forming the Consistorial College. Sixtus IV added five more (called juniors), and this number of twelve was definitely fixed by Benedict XIV in 1744.
The other advocates are called titular or simple advocates.
Canon law is a set of ordinances and regulations made by ecclesiastical authority for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church, the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law.
A parish is a territorial entity in many Christian denominations, constituting a division within a diocese. A parish is under the pastoral care and clerical jurisdiction of a priest, often termed a parish priest, who might be assisted by one or more curates, and who operates from a parish church. Historically, a parish often covered the same geographical area as a manor. Its association with the parish church remains paramount.
Religious law includes ethical and moral codes taught by religious traditions. Different religious systems hold sacred law in a greater or lesser degree of importance to their belief systems, with some being explicitly antinomian whereas others are nomistic or "legalistic" in nature. In particular, religions such as Judaism, Islam and the Baháʼí Faith teach the need for revealed positive law for both state and society, whereas other religions such as Christianity generally reject the idea that this is necessary or desirable and instead emphasise the eternal moral precepts of divine law over the civil, ceremonial or judicial aspects, which may have been annulled as in theologies of grace over law.
An ecclesiastical court, also called court Christian or court spiritual, is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages, these courts had much wider powers in many areas of Europe than before the development of nation states. They were experts in interpreting canon law, a basis of which was the Corpus Juris Civilis of Justinian, which is considered the source of the civil law legal tradition.
In Christian churches with episcopal polity, the rank of metropolitan bishop, or simply metropolitan, pertains to the diocesan bishop or archbishop of a metropolis.
In Christianity, a minister is a person authorised by a church or other religious organization to perform functions such as teaching of beliefs; leading services such as weddings, baptisms or funerals; or otherwise providing spiritual guidance to the community. The term is taken from Latin minister. In some church traditions the term is usually used for people who have been ordained, but in other traditions it can also be used for non-ordained.
In the Roman Curia of the Catholic Church, a congregation is a type of department of the Curia. They are second-highest-ranking departments, ranking below the two Secretariats, and above the pontifical councils, pontifical commissions, tribunals and offices.
A religious is, in the terminology of many Western Christian denominations, such as the Catholic Church, Lutheran Churches, and Anglican Communion, what in common language one would call a "monk" or "nun".
During the Middle Ages, an advocatus was an office-holder who was legally delegated to perform some of the secular responsibilities of a major feudal lord, or for an institution such as an abbey. Many such positions developed, especially in the Holy Roman Empire. Typically, these evolved to include responsibility for aspects of the daily management of agricultural lands, villages and cities. In some regions, advocates were governors of large provinces, sometimes distinguished by terms such as Landvogt.
Ecclesiastical jurisdiction is jurisdiction by church leaders over other church leaders and over the laity.
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.
The canon law of the Catholic Church is "how the Church organizes and governs herself". It is the system of laws and ecclesiastical legal principles made and enforced by the hierarchical authorities of the Catholic Church to regulate its external organization and government and to order and direct the activities of Catholics toward the mission of the Church. It was the first modern Western legal system and is the oldest continuously functioning legal system in the West, while the unique traditions of Eastern Catholic canon law govern the 23 Eastern Catholic particular churches sui iuris.
Ecclesiastical letters are publications or announcements of the organs of Roman Catholic ecclesiastical authority, e.g. the synods, but more particularly of pope and bishops, addressed to the faithful in the form of letters.
The canon law of the Roman Catholic Church recognizes various meanings of the term emancipation.
A college, in the canon law of the Roman Catholic Church, is a collection of persons united together for a common object so as to form one body. The members are consequently said to be incorporated, or to form a corporation.
"Appeal as from an abuse" is a legal term applied in the canon law of the Catholic Church, meaning originally a legal appeal as recourse to the civil forum (court) against the usurpation by the ecclesiastical forum of the rights of civil jurisdiction. It could also mean a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.
The 1983 Code of Canon Law, also called the Johanno-Pauline Code, is the "fundamental body of ecclesiastical laws for the Latin Church". It is the second and current comprehensive codification of canonical legislation for the Latin Church of the Catholic Church. The 1983 Code of Canon Law was promulgated on 25 January 1983 by John Paul II and took legal effect on the First Sunday of Advent 1983. It replaced the 1917 Code of Canon Law which had been promulgated by Benedict XV on 27 May 1917.
This is a glossary of terms used within the Catholic Church. Some terms used in everyday English have a different meaning in the context of the Catholic faith, including brother, confession, confirmation, exemption, faithful, father, ordinary, religious, sister, venerable, and vow.
In the canon law of the Catholic Church, a procurator is one who acts on behalf of and by virtue of the authority of another. In a monastery, the procurator is the friar, monk or nun charged with administering its financial affairs. Bishops have been represented at councils by procurators, as Peter Canisius attended the Council of Trent as procurator for the Bishop of Augsburg.
In Protestant usage, a consistory designates certain ruling bodies in various churches. The meaning and the scope of functions varies strongly, also along the separating lines of the Protestant denominations and church bodies.