Part — 1917 Code of Canon Law
Part Three: Of the Manner of Proceeding in Certain Affairs to Be Dispatched or Penal Sanctions to Be Applied
Superseded as law in 1983 — read why this Code still matters. Each canon links to its 1983 counterpart.
In the processes of which below, a notary is always to be employed, who is to consign in writing acts which must be subscribed by all and preserved in the archive.
In processibus de quibus infra, adhibeatur semper notarius, qui scripto consignet acta quae ab omnibus subscribi debent et in archivo servari.
§ 1. As often as warnings are prescribed, these must be made either orally before the chancellor or another official of the Curia or two witnesses, or through letters according to the norm of can. 1719.
§ 2. An authentic document of the warning carried out and of its tenor is to be preserved in the acts.
§ 3. He who prevents the warning from reaching himself is to be held as warned.
§ 1. Quoties monitiones praescribuntur, hae fieri debent vel oretenus coram cancellario aliove officiali Curiae aut duobus testibus, vel per epistolas ad normam can. 1719.
§ 2. Peractae monitionis eiusque tenoris documentum authenticum in actis servetur.
§ 3. Qui impedit quominus monitio ad se perveniat, habeatur pro monito.
§ 1. Examiners and consultors and the notary must, an oath having been interposed from the beginning of the process, observe secrecy concerning all things which by reason of their office they know, and especially concerning hidden documents, discussions held in council, the number and motives of votes.
§ 2. If they have by no means obeyed this prescription, they must not only be removed from office, but can also be punished by the Ordinary, with those things to be observed having been observed, with another condign penalty; and moreover they are held to repair damages, if any have followed from this.
§ 1. Examinatores et consultores ac notarius debent, interposito ab initio processus iureiurando, servare secretum circa omnia quae ratione sui muneris noverint ac praesertim circa documenta occulta, disceptationes in consilio habitas, suffragiorum numerum ac motiva.
§ 2. Si huic praescripto minime paruerint, non solum a munere amoveri debent, sed alia etiam condigna poena ab Ordinario, servatis servandis, plecti poterunt; ac praeterea damna, si qua inde secuta sint, sarcire tenentur.
§ 1. In these processes one must proceed summarily; but it is not prohibited that two or three witnesses, whether summoned from office or introduced by a party, be heard, unless the Ordinary, after the pastor-consultors or examiners have been heard, has considered that the parties are introducing them to weave delays.
§ 2. Witnesses and experts, unless sworn, are not to be admitted.
§ 1. In iis processibus summarie procedendum est; at duo vel tres testes sive ex officio arcessiti sive a parte inducti audiri non prohibentur, nisi Ordinarius, auditis parochis consultoribus seu examinatoribus existimaverit partes eos inducere ad moras nectendas.
§ 2. Testes et periti, nisi iurati, ne admittantur.
§ 1. From a definitive decree there is given one remedy of law, that is, recourse to the Apostolic See.
§ 2. In this case all acts of the process are to be transmitted to the Holy See.
§ 3. While recourse is pending, the Ordinary cannot validly confer stably on another the parish or benefice of which the cleric has been deprived.
§ 1. A definitivo decreto unicum datur iuris remedium, idest recursus ad Sedem Apostolicam.
§ 2. Quo in casu ad Sanctam Sedem omnia acta processus transmittenda sunt.
§ 3. Pendente recursu, Ordinarius paroeciam vel beneficium quo clericus privatus sit, alii stabiliter conferre valide nequit.
Within this part
- Title XXVII: Of the Manner of Proceeding in the Removal of Irremovable Pastorscann. 2147–2156
- Title XXVIII: Of the Manner of Proceeding in the Removal of Removable Pastorscann. 2157–2161
- Title XXIX: Of the Manner of Proceeding in the Transfer of Pastorscann. 2162–2167
- Title XXX: Of the Manner of Proceeding against Non-Resident Clericscann. 2168–2175
- Title XXXI: Of the Manner of Proceeding against Concubinary Clericscann. 2176–2181
- Title XXXII: Of the Manner of Proceeding against a Pastor Negligent in Fulfilling Parochial Officescann. 2182–2185
- Title XXXIII: Of the Manner of Proceeding in Inflicting Suspension from Informed Consciencecann. 2186–2194