Chapter — 1917 Code of Canon Law
Chapter I: Of the Actor and the Defendant
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
English · Latin · Both
Can. 1646.Anyone can act in judgment, unless he is prohibited by the sacred canons; but a defendant legitimately convened must respond.
Quilibet potest in iudicio agere, nisi a sacris canonibus prohibeatur; reus autem legitime conventus respondere debet.
1983 Code correlation: can. 1476
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume I, Book II. On the Exercise of the Christian Life, or on the Cultivation of the Virtues, Treatise II. On the Cultivation of the Moral Virtues, Dissertation III. On the Precepts or Duties of the States of Life, Part I. On the Duties of Certain Secular Persons, Section IV. On Advocates, Scholion I. On the Accused, n. 1145
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Vermeersch, Theologia Moralis, Volume II: On the Exercise of the Virtues (1924), Book II: On the Moral Virtues, Tract VI: On the Virtue of Truth, Chapter I: On the Virtue of Truth and Sincerity, Article II: On the Witness and the Accused in Judgment, n. 695
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1647.Although the actor or defendant has constituted a procurator or advocate, he is nevertheless always bound to be present personally in judgment according to the prescription of law or of the judge.
Licet actor vel reus conventus procuratorem vel advocatum constituerit, semper tamen tenetur in iudicio ipsemet adesse ad praescriptum iuris vel iudicis.
1983 Code correlation: can. 1477
Cited by 3 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1648.§ 1. For minors and those who are destitute of the use of reason, their parents, tutors, or curators are bound to act and respond.
§ 2. If the judge thinks that their rights are in conflict with the rights of the parents or tutors or curators, or that they are so far distant from the parents or tutors or curators that it is either not at all or only with difficulty possible to use them, then they are to stand in judgment through a curator given by the judge.
§ 3. But in spiritual causes and in causes connected with spiritual things, if minors have attained the use of reason, they can act and respond without the consent of the father or tutor; and indeed, if they have completed the age of fourteen years, even by themselves; otherwise through a tutor given by the Ordinary, or even through a procurator constituted by themselves with the authority of the Ordinary.
§ 1. Pro minoribus et iis qui rationis usu destituti sunt, agere et respondere tenentur eorum parentes aut tutores vel curatores.
§ 2. Si iudex existimet ipsorum iura esse in conflictu cum iuribus parentum vel tutorum vel curatorum, aut ipsos tam longe distare a parentibus aut tutoribus vel curatoribus, ut hisce uti aut minime aut difficulter liceat, tunc stent in iudicio per curatorem a iudice datum.
§ 3. Sed in causis spiritualibus et cum spiritualibus connexis, si minores usum rationis assecuti sint, agere et respondere queunt sine patris vel tutoris consensu; et quidem, si aetatem quatuordecim annorum expleverint, etiam per seipsos; secus per tutorem ab Ordinario datum, vel etiam per procuratorem a se, Ordinarii auctoritate, constitutum.
1983 Code correlation: can. 1478
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Vermeersch, Theologia Moralis, Volume II: On the Exercise of the Virtues (1924), Book II: On the Moral Virtues, Treatise III: On Piety, Chapter II: On Piety Toward Parents, n. 292
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title VI: Of the Introduction of a Cause, Chapter II: Of Citation and Notification of Judicial Acts, can. 1713
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1649.In the name of those of whom in can. 100, Sec. 3, the rector or administrator stands in judgment, with the prescription of can. 1653 remaining firm; but in a conflict of their rights with the rights of the rector or administrator, a procurator designated by the Ordinary stands.
Nomine eorum de quibus in can. 100, § 3, stat in iudicio rector vel administrator, firmo praescripto can. 1653; in conflictu vero eorum iurium cum iuribus rectoris vel administratoris, procurator ab Ordinario designatus.
1983 Code correlation: can. 1480
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title VI: Of the Introduction of a Cause, Chapter II: Of Citation and Notification of Judicial Acts, can. 1713
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1650.Those interdicted from goods, and those who are of less firm mind, can stand in judgment by themselves only so that they may respond concerning their own delicts, or according to the prescription of the judge; in other matters they must act and respond through their curators.
Bonis interdicti, et ii qui minus firmae mentis sunt, stare in iudicio per se ipsi possunt tantummodo ut de propriis delictis respondeant, aut ad praescriptum iudicis: in ceteris agere et respondere debent per suos curatores.
1983 Code correlation: can. 1478
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title VI: Of the Introduction of a Cause, Chapter II: Of Citation and Notification of Judicial Acts, can. 1713
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1651.§ 1. In order that a curator given to someone by civil authority be admitted by an ecclesiastical judge, the consent of the proper Ordinary of the one to whom he has been given must accede.
§ 2. The Ordinary can also constitute another curator for the ecclesiastical forum, if, all things having been maturely weighed, he has prudently judged that this must be established.
§ 1. Ut curator ab auctoritate civili alicui datus a iudice ecclesiastico admittatur, debet accedere consensus Ordinarii proprii illius cui datus est.
§ 2. Ordinarius potest quoque alium curatorem constituere pro foro ecclesiastico, si, omnibus mature perpensis, id statuendum esse prudenter censuerit.
1983 Code correlation: can. 1479
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title VI: Of the Introduction of a Cause, Chapter II: Of Citation and Notification of Judicial Acts, can. 1713
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1652.Religious do not have the person of standing in judgment without the consent of Superiors, except in the cases which follow:
1° If there is question of vindicating against the religion rights acquired for themselves from profession.
2° If they legitimately dwell outside the cloister and the protection of their rights urges.
3° If they wish to institute a denunciation against the Superior himself.
Religiosi sine Superiorum consensu non habent personam standi in iudicio, nisi in casibus qui sequuntur:
1° Si de vindicandis adversus religionem iuribus sibi ex professione quaesitis agatur;
2° Si ipsi extra claustra legitime morentur et iurium suorum tuitio urgeat;
3° Si contra ipsum Superiorem denuntiationem instituere velint.
Cited by 4 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title VI: Of the Introduction of a Cause, Chapter II: Of Citation and Notification of Judicial Acts, can. 1713
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1653.§ 1. Local Ordinaries can stand in judgment in the name of a cathedral church or episcopal mensa; but, so that they may act licitly, they must hear the cathedral Chapter or Council of administration, or have their consent or counsel, whenever the sum of money in danger is one for the alienation of which, according to the norm of can. 1532, the consent or counsel of the same is required.
§ 2. All beneficiaries can act or respond in judgment in the name of the benefice; nevertheless, so that they may do this licitly, they must observe the prescription of can. 1526.
§ 3. Prelates and Superiors of Chapters, sodalities, and any colleges whatsoever cannot stand in judgment in the name of each one's own community without the consent of the same according to the norm of the statutes.
§ 4. Against those of whom in Secs. 1-3, if they have acted in judgment without the prescribed consent or counsel, the pious cause or community has the right to reparation of damages.
§ 5. In a case of defect or negligence of the one who performs the office of administrator, the local Ordinary himself can stand in judgment, by himself or through another, in the name of moral persons which are under his jurisdiction.
§ 6. Religious Superiors cannot stand in judgment in the name of their community, except according to the norm of the constitutions.
§ 1. Ordinarii locorum possunt nomine ecclesiae cathedralis aut mensae episcopalis stare in iudicio; sed, ut licite agant, debent audire Capitulum cathedrale vel Consilium administrationis eorumve consensum vel consilium habere, quando periculo vertitur pecuniae summa pro qua alienanda ad normam can. 1532 eorundem consensus vel consilium requiritur.
§ 2. Beneficiarii omnes nomine beneficii possunt in iudicio agere aut respondere; quod tamen ut licite faciant, servare debent praescriptum can. 1526.
§ 3. Praelati ac Superiores Capitulorum, sodalitatum et quorumlibet collegiorum stare in iudicio nequeunt, nomine suae cuiusque communitatis, sine eiusdem consensu ad normam statutorum.
§ 4. Adversus eos de quibus in §§ 1-3, si sine praescripto consensu aut consilio in iudicio egerint, piae causae aut communitati ius est ad refectionem damnorum.
§ 5. In casu vero defectus vel negligentiae illius qui administratoris munere fungitur, potest ipse loci Ordinarius per se vel per alium stare in iudicio nomine personarum moralium quae sub eius iurisdictione sunt.
§ 6. Superiores religiosi nequeunt nomine suae communitatis stare in iudicio, nisi ad normam constitutionum.
1983 Code correlation: can. 1480
Cited by 5 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title IV: Of the Parties in a Cause, Chapter I: Of the Actor and the Defendant, can. 1649
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title VI: Of the Introduction of a Cause, Chapter II: Of Citation and Notification of Judicial Acts, can. 1713
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
Can. 1654.§ 1. Excommunicated persons to be avoided, or tolerated persons after a declaratory or condemnatory sentence, are permitted to act by themselves only to impugn the justice or legitimacy of the excommunication itself; through a procurator, to avert any other prejudice of their soul; in the remaining matters they are repelled from acting.
§ 2. Other excommunicated persons generally can stand in judgment.
§ 1. Excommunicatis vitandis aut toleratis post sententiam declaratoriam vel condemnatoriam permittitur ut per se ipsi agant tantummodo ad impugnandam iustitiam aut legitimitatem ipsius excommunicationis; per procuratorem, ad aliud quodvis animae suae praeiudicium avertendum; in reliquis ab agendo repelluntur.
§ 2. Alii excommunicati generatim stare in iudicio queunt.
Cited by 7 passages
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise I. On Delicts, Dissertation II. On the Juridic Effects of Delict, n. 850
- Wouters, Manual of Moral Theology, Volume II, Book IV. On the Sanction of Christian Life, or on Ecclesiastical Penalties, Treatise II. On the Penalties of Delict, Dissertation II. On Penalties in Species, Part I. On Medicinal Penalties, or on Censures, Section II. On Censures in Species, Chapter I. On Excommunication, n. 872
- Sabetti-Barrett, Compendium of Moral Theology, Volume I (1929), Treatise III. On Laws, Part II. On the Principal Species of Laws, Chapter III. On Ecclesiastical Law, n. 110
- Sabetti-Barrett, Compendium of Moral Theology, Volume II (1929), Treatise XIX. On Delicts and Penalties, Chapter III. On Censures Considered in Species, Article I. On the Nature, Division, and Effects of Excommunication, § II. On the effects of excommunication, n. 959
- 1917 Code of Canon Law, Book Four: Of Processes, Part One: Of Trials, Section I: Of Trials in General, Title VI: Of the Introduction of a Cause, Chapter II: Of Citation and Notification of Judicial Acts, can. 1713
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part One: Of Delicts, Title II: Of the Imputability of a Delict, of Causes Aggravating or Diminishing It, and of the Juridical Effects of a Delict, can. 2210
- 1917 Code of Canon Law, Book Five: Of Delicts and Penalties, Part Two: Of Penalties, Section II: Of Penalties in Species, Title VIII: Of Medicinal Penalties or of Censures, Chapter II: Of Censures in Species, Article I: Of Excommunication, can. 2263