Judicial Advocates and Procurators: An Historical Synopsis and Commentary Judicial Advocates and Procurators: An Historical Synopsis and Commentary
By James J. Hogan
2000/07 - Beard Books - Reprint
1587980614 - Paperback - Reprint - 204 pp.

Students and practitioners of canon law will be absorbed by this fascinating exposition of the role of these judicial officials.

Publisher Comments

Category: History

Advocates and procurators assist in the smooth functioning of diocesan tribunals by being involved with the various phases of the canonical process and sustaining the procedural law of the Catholic Church. For those interested in and wanting to better understand Canon Law, this book presents the historical background and development of the ecclesiastical judicial advocate and procurator, and sets forth canonical commentary with reference to legislation affecting these officials.

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James J. Hogan was born on October 17, 1911 in Philadelphia. At the age of 26 he was ordained as a priest in Trenton, NJ. He became an ordained bishop in February of 1960 in Trenton, NJ. In 1966, he was appointed bishop in Altoona-Johnstown, Pennsylvania where he remained until his retirement in 1986.

Foreword iii
Abbreviations 3
Preliminary Notions

Part I

Historical Conspectus 7

Chapter I

Judicial Advocates and Procurators in Roman Law 7
Article 1. Advocates 7
A. Historical development of the office 7
B. Qualifications 9
C. Legal Training 10
D. Remuneration 12
Article 2. Procurators 13
A. Historical development of the office 13
B. The mandatum 15
C. The satisdation 16
D. Qualifications 16

Chapter II

Advocated and Procurators in Canon Law from the Early Church to Gratian 18
Article 1. Procedural Background of the Early Church in Relation to These Officials 18
Article 2. The Advocate in the Early Church to the Ninth Century 21
Article 3. The Procurator in the Early Church to the Ninth Century 25
Article 4. Appointment, Duties, Remuneration of Advocates and Procurators in the Early Middle Ages 27
Article 5. Advocates and Procurators from the Ninth Century to the Gratian 29
Chapter III
Canon Law Affecting Advocates and Procurators from Gratian to Council of Trent 32
Article 1. The Decree of Gratian and the Compilatines Antiquae 32
Article 2. Legislation of Councils in the Twelfth and Thirteenth Centuries 35
Article 3. Legislation of Gregory IX, Boniface VIII and Clement V 38
  A. Advocates 38
B. Procurators 40
Article 4. The Ordines Judiciarii 44
Article 5. Papal Constitutions 47

Chapter IV

Canonical Legislation on Advocates and Procurators from Council of Trent to the Codification of Canon Law 52
Article 1. Council of Trent (1545-1563) 52
Article 2. Papal Constitutions 52
Article 3. Decrees of the Roman Congregation 55
Article 4. Legislation of Particular Councils 59
Article 5. Regulations of the Roman Tribunals 60

Part II

Canonical Commentary 65

Chapter V

The Appointment of Judicial Advocates and Procurators 65
Article 1. Trials Demanding and Permitting the Presence of Advocates and Procurators (Canon 1655) 65
Article 2. The Number of Advocates and Procurators Permitted in Ecclesiastical Trials (Canon 1656) 77
Article 3. The Qualifications of Judicial Advocates and Procurators (Canon 1657) 82
Article 4. Official Approbation of Judicial Advocates and Procurators (Canon 1658) 84
Chapter VI
The Authorization of Judicial Advocates and Procurators 102
Article 1. The Mandate of the Judicial Procurator (Canon 1659) 102
Article 2. Limitations of the Procurator's Mandate (Canon 1662) 111
Article 3. Custody of the Procurator's Mandate (Canon 1660) 117
Article 4. Commission of the Judicial Advocate (Canon 1661) 117
Chapter VII
The Rejection and Removal of Judicial Advocates and Procurators 121
Article 1. Power of the Judge to Reject Advocates and Procurators (Canon 1663) 121
Article 2. Power of the Litigants to Remove Advocates and Procurators (Canon 1664, 1) 124

Chapter VIII

Penal Sanctions Affecting Judicial Advocates and Procurators 129
Article 1. Specifically Prohibited Transactions (Canon 1665) 129
Article 2. Sanctions Regarding Betrayal of Office in General (Canon 1666) 132

Chapter IX

The Rights and Duties of the Advocate and Procurator at Various Stages of the Canonical Process 137
Article 1.The Advocate and Procurator in the Introductory Period 137
A. Assistance in formulation of the libellus 137
B. The formal summons 141
C. The contestatio litis 142
Article 2. The Advocate and Procurator in the Probatory Stage 145
A. Interrogation and judicial confession of the parties 145
B. The testimony of witness and experts 147
C. Documents 153
Article 3. The Advocate and Procurators in the Definitive Period 154
A. Publication of the process 154
B. Conclusion of the case 155
C. Discussion of the suit -- the belief 156
Article 4. The Advocate and Procurator and Remedies Against the Sentence 162
A. The procurator's right and duty to appeal (Canon 1664, 2) 162
B. The complaint of nullity 168
Article 5. The Advocate and Procurator with Regard to Remuneration and Gratuitous Patronage 171
A. Remuneration of advocates and procurators 171
B. Gratuitous patronage on the part of advocates and procurators 175
Conclusions 180
Bibliography 183
Biographical Notes 190
Alphabetical Index 191
Canon Law Studies 194

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