Canonical Procedure in Disciplinary And Criminal Cases of Clerics

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Canonical Procedure in Disciplinary And Criminal Cases of Clerics
Franz Droste
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4 Cfr. Commentators in 1. II. Tit. 14 ; Pierantonelli, tit. V. N. 9 sqq. ; Bouix, II. P. 164 sqq.
6 This is only one kind of contumacy. There are, however, others expressed in the verse: Non veniens, not? restituens, citinsque recedens, Nil dicens, pignusque tenens, jurareque nolens, Obscureque loquens, isti stint jure rebelles, Hence Grandclaude defines contumacy as disobedience against the judge Proceeding in Contumacy. 137 were indeed passed upon such contumacious persons, to compel their ap
...pearance ; but the Tridentinum allows the use of censures now only when a person convicted of a grievous offence does not submit to the execution. 1 While Canon law, following the Roman, requires in general one peremptory citation or three simple ones, the Instruction, art. 24, holds the accused as contumacious, if after one simple citation and another but peremptory one he refuse to appear before the auditor without being lawfully excused or hindered from obeying the summons. * The proceeding in case of contumacy is instituted on motion of the fiscal, who will so move after the first in- effectual citation, and again after the peremptory one.

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