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Canonical Procedure in the Disciplinary and Criminal Cases of Clerics: A Systematic Commentary on the "Instructio S. C. Epp. et Reg., 1880."

Canonical Procedure in the Disciplinary and Criminal Cases of Clerics: A Systematic Commentary on the "Instructio S. C. Epp. et Reg., 1880."

Regular price $27.76
  • ISBN-13: 9781493517190
  • Publisher: CreateSpace Independent Publishing Platform
  • Release Date: Oct 18, 2013
  • Pages: 268 pages
  • Dimensions: 0.61 x 9.0 x 6.0 inches


When in the year 1880 the S. Congregation of Bishops and Regulars sent to the Bishops of Italy the now famous Instruction on the summary procedure in disciplinary and criminal causes of clerics, it soon became evident that the reform thus initiated would not remain confined to Italy, but would gradually find its way to other countries. Anticipating this, the Rev. FRANCIS DROSTE, a priest of the diocese of Pauerborn, wrote a short alld simple commentary on the new procedure, which he designed more for practical use than legal speculation. In order, however, that the laws themselves on which the several articles of the Instruction are based, may be sufficiently understood, the author gives in the first part a short exposition of ecclesiastical jurisdiction anti its judicial organs, while in the Introduction he determines the place occupied by the Instruction in the public and historical law of the Church. The Third Plenary Council of Baltimore in 1884, complying with the reqllest of the S. C. de Prop. Fide, adopted the same Instruction l with a few slight modifications (which may be seen at a glance in tile Appendix). It is a mere question of time when these same provisions shall be extended to all English-speaking missionary countries; and as an English commentary on the Instruction was desired, a German priest of the diocese of Covington, Ky., translated Fathel' DROSTE'S little book. To be of greater service, however, the work needed adaptation to conditions for which it was not originally intended. This labor was intrusted to the present writer, who confesses to having taken very great liberty with the translation as well as with the original work. DROSTE wrote for readers who had gone through a regular course of Canon law and were, moreover, acquainted with the practice of canonical procedure. The editor hopes to reach a much larger class of readers. Hence explanatory notes have been added and a number of paragraphs of new matter inserted in the text (these being indicated by an asterisk, thus: 97*) to supply more of what he considers useful or even necessary information; clgain, for seclions dealing with matters of only local interest, others of a more general bearing have been substituted (thus in pt. I. sec. 3), and subjects too lightly touched upon by tile author have been more fully developed (as, e.g., that of judicial evidence). Besides, more system and perspicuity were to be obtainied by placing what seemed logically allied subjects under one head, instead of leaving them, as originally, scattered in different places (thus were formed chap. 1,3. in pt. II. sec. I). In a word, the original has been so radically changed that the author will hardly recognize his German offspring in this naturalized American edition.

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