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"Appeal as from an abuse" (French appel comme d'abus) is a legal term applied in the canon law of the Roman 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 mean (vice versa) a recourse to the ecclesiastical forum against the usurpation by the civil forum of the rights of ecclesiastical jurisdiction.
Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. It has been defined both as "the Science of Justice" and "the Art of Justice". Law is a system that regulates and ensures that individuals or a community adhere to the will of the state. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Ecclesiastical jurisdiction in its primary sense does not signify jurisdiction over ecclesiastics, but jurisdiction exercised by church leaders over other leaders and over the laity.
Thus defined, the "appeal as from an abuse" had as its object was to safeguard equally the rights both of the State and of the Church. An abuse would be an act on either hand, without due authority, beyond the limits of their respective ordinary and natural jurisdictions. In practice the use of such appeals was important, historically, as a way to undermine the power of church courts.
The canonsdid not exclude a recourse to the civil authority when the acts of an ecclesiastical judge invaded the domain of the civil authority, especially as reciprocity gave the ecclesiastical authority the right to repel with the same weapons any usurpation by the lay judge to the damage of the rights of the Church. Thus also a recourse to the supreme civil ruler was not deemed amiss when an ecclesiastical court undertook a cause belonging to the competency of a higher ecclesiastical court, and the ruler was asked merely to forward it to the proper tribunal without, however, claiming to delegate to it any jurisdiction. Perhaps the first formal manifestation of this appeal in the legitimate sense occurred in the fourteenth century.
Ecclesiastical judges acquired a reputation for learning and equity, and by the good will of the State, not merely ecclesiastical, but many civil cases of the laity were adjudicated by them. in 1329 complaint was brought to King Philip de Valois by the advocate general, Peter de Cugnières, that the civil tribunals were fast lapsing into contempt, and were being abandoned. The purport of the complaint was to restrict the competency of the ecclesiastical tribunals to their own legitimate fields. Bickerings between the two forums were henceforth frequent. Even the Catholic states, after the beginning of the sixteenth century, advanced far in the way of frequent ruptures with the Church.
Philip VI, called the Fortunate and of Valois, was the first King of France from the House of Valois. He reigned from 1328 until his death.
When the Protestant states had acquired control and supervision over the newly reformed bodies even in their spiritual relations, the Catholic states, particularly France, strove to limit the jurisdiction of the Church as far as they could without casting aside the profession of the Catholic Faith. The Pragmatic Sanction was a serious aggression by France upon the acknowledged rights of the Church and of the Holy See. It is in France that we find the most flagrant series of encroachments upon Church jurisdiction, through pretence of appeals as from an abuse, gradually tending to the elimination of the ecclesiastical forum.
During the seventeenth century the French clergy presented frequent memorials against the encroachments made by their kings and parliaments through constant recourse to these "appeals as from an abuse", which resulted in submitting to civil tribunals questions of definitions of faith, the proper administration of the sacraments, and the like. This brought confusion into the regulation of spiritual matters by encouraging ecclesiastics to rebel against their lawful ecclesiastical superiors. The lay tribunals undertook to adjudicate whether the ministers of the sacraments had a right to refuse them to those deemed unworthy, or the right to Christian burial of Catholics dying impenitent or under Church censures; whether interdicts or suspensions were valid; whether monastic professions should be annulled; whether the bishop's permission was necessary for preaching; whether a specified marriage was contrary or not to the Gospel; and also to decide the justice of canonical privations of benefices. Many other subjects intimately connected with the teaching of the Church were brought before lay tribunals, and unappealable decisions rendered in open contradiction to the canons, as can easily be surmised both from the absence of theological knowledge, and from the visible animus shown in decisions that undertook to subject the spiritual power of the Church to the dictates of transient politics.
Interference was mostly owing to courtier-canonists who flattered the secular rulers by dwelling upon the right of protection over the Church conceded in early days to the Christian Roman Emperors. The Church was recognized as autonomous in all things of the divine law and in matters of ecclesiastical discipline. When rulers like Charlemagne seemed to take upon themselves undue authority, insisting upon certain canons, the bishops claimed their sole right to govern the Church. Even in mixed assemblies of bishops and nobles and princes, the bishops insisted that the civil power should not encroach upon the rights of the Church, e. g. in the Council of Narbonne (788).
Charlemagne or Charles the Great, numbered Charles I, was king of the Franks from 768, king of the Lombards from 774, and emperor of the Romans from 800. During the Early Middle Ages, he united the majority of western and central Europe. He was the first recognised emperor to rule from western Europe since the fall of the Western Roman Empire three centuries earlier. The expanded Frankish state that Charlemagne founded is called the Carolingian Empire. He was later canonized by Antipope Paschal III.
Zaccariarecognized, however, that in his day (the eighteenth century), as well as in former ages, the Catholic rulers of Catholic States, in their quality of protectors of the Church, might receive a recourse from ecclesiastics in ecclesiastical matters, in order that justice might be done them by their ordinary ecclesiastical judges, not as deputies of the civil rulers, but as ordinary judges in their own forum. In her concordats with Catholic states the Catholic Church granted to several that the civil cases of clerics, and such as concern the property and temporal rights of churches, as well as benefices and other ecclesiastical foundations, may be brought before the civil courts.
A concordat is a convention between the Holy See and a sovereign state that defines the relationship between the Catholic Church and the state in matters that concern both, i.e. the recognition and privileges of the Catholic Church in a particular country and with secular matters that impact on church interests.
All ecclesiastical causes, and those that concern the Faith, sacraments, morals, sacred functions, and rights connected with the sacred ministry, belong to the ecclesiastical forum, both in regard of persons and of matter.In the United States, as decreed by the Council of Baltimore (1837), the church law is that if any ecclesiastical person or member of a religious body, male or female, should cite an ecclesiastic or a religious before a civil court on a question of a purely ecclesiastical nature, he should know that he falls under the censures decreed by canon law.
The Congregation of Propaganda in its comment explained that, in mixed cases, where the persons may be ecclesiastical, but the things about which there is question may be temporal or of one's household, this rule cannot be enforced, especially in countries in which the civil government is not in the hands of Catholics, and where, unless recourse is had to the civil courts, there is not the means or the power of enforcing an ecclesiastical decision for the protection or recovery of one's own. A special proviso was made by Propaganda for the United States,that if a priest should bring a cleric before a civil tribunal on an ecclesiastical or other question without permission from the bishop he could be forced to withdraw the case by the infliction of penalties and censures, yet the bishop must not refuse the permission if the parties have ineffectually attempted a settlement before him. If the bishop is to be cited, the permission of the Holy See is required.
By a special declaration of Propaganda,a cleric's transfer of a claim to a layman for the purpose of evading the censures is checked by the requirement of the consent of the bishop to such transfer, if made for the purpose of the suit. Justice Redfield says in reference to the United States generally: "The decision of ecclesiastical courts or officers having, by the rules or laws of the bodies to which they belong, jurisdiction of such questions, or the right to decide them, will be held conclusive in all courts of the civil administration, and no question involved in such decisions will be revised or reviewed in the civil courts, except those pertaining to the jurisdiction of such courts or officers to determine such questions according to the laws or the usage of the bodies they represent." Justice Strong, of the Supreme Court of the United States, speaks of the Church as "an interior organization within a religious society", and adds, "I think it may be safely asserted as a general principle that whenever questions of discipline, of faith, of Church rule, of membership, or of office, have been decided by the Church, in its own modes of decision, civil law tribunals accept these decisions as final and apply them as made."
The Roman Curia comprises the administrative institutions of the Holy See and the central body through which the affairs of the Catholic Church are conducted. It acts in the Pope’s name and with his authority for the good and for the service of the particular Churches and provides the central organization for the Church to advance its objectives.
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.
Crimen sollicitationis is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents. It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.
Defrocking, unfrocking, or laicization of clergy is the removal of their rights to exercise the functions of the ordained ministry. It may be grounded on criminal convictions, disciplinary problems, or disagreements over doctrine or dogma, but may also be done at their request for personal reasons, such as running for civil office, taking over a family business, declining health or old age, desire to marry against the rules for clergy in a particular church, or an unresolved dispute. The form of the procedure varies according to the Christian denomination concerned. The term defrocking implies forced laicization for misconduct, while laicization is a neutral term, applicable also when clergy have requested to be released from their ordination vows.
In the canon law of the Catholic Church, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable. In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null and void in the internal forum, but binding outwardly, i.e.,in the external forum, for want of judicial proof to the contrary.
The Roman Rota, formally the Apostolic Tribunal of the Roman Rota, and anciently the Apostolic Court of Audience, is the highest appellate tribunal of the Catholic Church, with respect to both Latin-rite members and the Eastern-rite members and is, with respect to judicial trials conducted in the Catholic Church, the highest ecclesiastical court constituted by the Holy See. An appeal may be had to the pope himself, who is the supreme ecclesiastical judge. The Catholic Church has a complete legal system, which is the oldest in the West still in use. The court is named Rota (wheel) because the judges, called auditors, originally met in a round room to hear cases. The Rota was established in the 13th century.
A faculty is a legal instrument or warrant in canon law, especially a judicial or quasi-judicial warrant from an ecclesiastical court or tribunal.
The Plenary Councils of Baltimore were three national meetings of Catholic bishops in the United States in 1852, 1866 and 1884 in Baltimore, Maryland.
Latae sententiae is a Latin phrase, meaning "sentence (already) passed", used in the canon law of the Catholic Church. A latae sententiae penalty is one that follows ipso facto or automatically, by force of the law itself, when a law is contravened.
The Supreme Tribunal of the Apostolic Signatura is the highest judicial authority in the Catholic Church. In addition, it oversees the administration of justice in the church.
The Defender of the Bond, or Defensor Matrimonii in Latin, is a Catholic Church official whose duty is to defend the marriage bond in the procedure prescribed for the hearing of matrimonial causes which involve the validity or nullity of a marriage already contracted.
In Coena Domini was a recurrent papal bull between 1363 and 1770, so called from its opening words, formerly issued annually on Holy Thursday, or later on Easter Monday.
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In the Catholic Church, a declaration of nullity, commonly called an annulment and less commonly a decree of nullity, is a judgment on the part of an ecclesiastical tribunal determining that a marriage was invalidly contracted or, less frequently, a judgment determining that ordination was invalidly conferred.
The Provincial Councils of Baltimore were councils of Roman Catholic bishops that set the pattern for Catholic organisation in the United States of America. They were seen as having a unique importance for the Church in the United States, inasmuch as the earlier ones legislated for practically the whole territory of the Republic, and furnished moreover a norm for all the later Plenary Councils of Baltimore covering the whole country. This article touches upon only those parts of the canonical legislation which may seem in any way to individualize the discipline of the Church in the United States or depict the peculiar needs and difficulties of its nascent period.
An ecclesiastical judge is an ecclesiastical person who possesses ecclesiastical jurisdiction either in general or in the strict sense. Up until 1858 when Ecclesiastical courts were abolished, ecclesiastical judges tried church clergy men in church courts or Ecclesiastical courts. Charges dealt in these courts were often very lenient, especially when dealt to church clergymen.
In the canon law of the Catholic Church, excommunication, the principal and severest censure, is a medicinal, spiritual penalty that deprives the guilty Christian of all participation in the common blessings of ecclesiastical society. Being a penalty, it presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it naturally supposes a very grave offense.
Canon 844 is a Catholic Church canon law contained within the 1983 Code of Canon Law, which defines the licit administration and reception of certain sacraments of the Catholic Church in normative and in particular exceptional circumstances, known in canonical theory as communicatio in sacris.
A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the church on a baptized, delinquent, and contumacious person, by which he is deprived, either wholly of in part, of the use of certain spiritual goods, until he recover from his contumacy.