Canonical admonitions

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Canonical admonitions are a preliminary means used by the Roman Catholic Church towards a suspected person, as a preventive of harm or a remedy of evil.

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History

The 1880 instruction, by direction of Pope Leo XIII, from the Congregation of Bishops and Regulars to the bishops of Italy, gave them the privilege to use a summary procedure in trials of the clergy for criminal or disciplinary transgressions. Article IV decrees: "Among the preservative measures are chiefly to be reckoned the spiritual retreat, admonitions, and injunctions." Article VI: "The canonical admonitions may be made in a paternal and private manner (even by letter or by an intermediary person), or in legal form, but always in such a way that proof of their having been made shall remain on record."

Pope Leo XIII 256th Pope of the Catholic Church

Pope Leo XIII was head of the Catholic Church from 20 February 1878 to his death. He was the oldest pope, and had the third-longest confirmed pontificate, behind that of Pius IX and John Paul II.

A bishop is an ordained, consecrated, or appointed member of the Christian clergy who is generally entrusted with a position of authority and oversight.

Italy republic in Southern Europe

Italy, officially the Italian Republic, is a country in Southern and Western Europe. Located in the middle of the Mediterranean Sea, Italy shares open land borders with France, Switzerland, Austria, Slovenia and the enclaved microstates San Marino and Vatican City. Italy covers an area of 301,340 km2 (116,350 sq mi) and has a largely temperate seasonal and Mediterranean climate. With around 61 million inhabitants, it is the fourth-most populous EU member state and the most populous country in Southern Europe.

Usage

These admonitions are to be founded upon a suspicion of guilt that is excited by public rumor and investigated by a proper authority, with the result establishing a reasonable basis for the suspicion. If little foundation for the suspicion is discovered, the superior should not even admonish the person, unless the suspected person has given, on previous occasions, serious motive for faultfinding.

Admonitions may be either paternal or legal (canonical). If the grounds are such as to produce a serious likelihood, or half-proof, they will suffice for a paternal admonition, which is administered after the following steps:

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 three 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.

Half-proof(semiplena probatio) was a concept of medieval Roman law, describing a level of evidence between mere suspicion and the full proof needed to convict someone of a crime. The concept was introduced by the Glossators of the 1190s such as Azo, who gives such examples as a single witness or private documents.

Thus the way is paved for the above-mentioned canonical or legal admonition. The assumed half-proof is strengthened, first, by the contumacy of the suspect; secondly, by his confession of the charge in question. An accusation issuing from a reliable person, or a prevalent evil reputation of the suspect, may substitute for the defect of proof needed for indictment.

For the paternal admonition it is enough that this evil reputation should be spread among less responsible persons, but for the legal admonition the evil reputation should emanate from serious and reliable persons. The legal admonition is to a great extent akin to the summons to judgment.

If there is any urgency in the case, one peremptory summons, declaring it to take the place of the three, will suffice. The prelate may still feel that he has not enough evidence to prove the delinquency. He may allow the suspect to purge himself of the suspicion or accusation by his oath and the attestation of two or more reliable persons that they are persuaded of his innocence and that they trust his word. If he cannot find such vouchers for his innocence, and yet there be no strictly legal proof of his guilt (though there are grave reasons for suspicion), the prelate may follow the legal admonition by a special precept or command, according to the character of the suspected delinquency.

The infringement of this precept will entail the right to inflict the penalty which should be mentioned at the time the command is given. This must be done by the prelate or his delegate in a formal legal way before two witnesses and the notary of his curia, be signed by them, and by the suspect if he so desires. The paternal admonition is to be kept secret; the legal admonition is a recognized part of the "acts" for future procedure.

Notary public civil position that certifies documents and administers oral oaths and affirmations

A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine or ship's protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction. Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

Sources

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<i>Catholic Encyclopedia</i> English-language encyclopedia

The Catholic Encyclopedia: An International Work of Reference on the Constitution, Doctrine, Discipline, and History of the Catholic Church, also referred to as the Old Catholic Encyclopedia and the Original Catholic Encyclopedia, is an English-language encyclopedia published in the United States and designed to serve the Roman Catholic Church. The first volume appeared in March 1907 and the last three volumes appeared in 1912, followed by a master index volume in 1914 and later supplementary volumes. It was designed "to give its readers full and authoritative information on the entire cycle of Catholic interests, action and doctrine".

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