Canon Law - Law Dictionary Search Results
Convocation
Convocation, an assembly of the clergy protected from molestation by 8 Hen. 6, c. 1. Its purpose is stated to be the enactment of canon law, subject to the license and authority of the sovereign (as required by the Act of Submission [25 Hen. 8, c. 19)], and the examination and censure of all heretical and schismatical books and persons. It is held during the session of parliament, and is convened by the sovereign. There are two convocations, one for the province of Canterbury, the other for that of York. Convocation consists of an upper and a lower house. In the upper sit the bishops and in the lower all the deans, the senior archdeacons, and the proctors of the clergy. A canon made in 1922 provides in detail for the consolidation of the lower houses. Convocation, by express license from the Sovereign, may legislate by making canons, which bind the clergy only. See Steph.Com., book 4, c. vi.; Hook's Church dictionary, tit. 'Convocation'; Reg. v. Archbishop of York, (1888) 20 QBD 740. S...
Ecclesiastical Law
Ecclesiastical Law, the law administered in the ecclesiastical courts; it is derived from the Civil and Canon Law. Consult Phillimore's Ecclesiastical Law; Chitty's Statutes, tit. 'Church and Clergy.'The body of law derived largely from Cannon and Civil Law and administered by ecclesiastical courts, Black's Law Dictionary, 7th Edn., p. 530....
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
ecclesiastical law
ecclesiastical law : canon law ...
Purgation
Purgation, the clearing a man's self of a crime of which he was publicly suspected, and accused before a judge. It was either canonical, which was prescribed by the canon law, the form whereof, used in the spiritual court, was that the person suspected took his oath that he was clear of the fact objected against him, and brought this honest neighbours with him to make oath that they believed he swore truly; or vulgar, which was by fire or water ordeal, or by combat. See Jac. Law Dict.; 3 Bl. Com. 100....
Usurpation
Usurpation, a keeping or holding by using that which is another's; an interruption of usucapio, or disturbing a man in his right and possession, etc. It is called instrusion in the civil and canon laws, Sand. Just.The unlawful seizure and assumption of another's office, position, or authority, Black's Law Diction-ary, 7th Edn....
Subp'na
Subp'na [from sub, Lat., under, and p'na, penalty], a writ commanding attendance in court under a penalty. It bears a close analogy to the citation, or vocatio in jus of the Civil and Canon Laws. There are several kinds of subp'na.At Common Law there are two to compel the attendance of witnesses:-(1) Subp'na ad testificandum, the common subp'na, which is personally served upon a witness, in order to compel him to attend the trial or inquiry, to give evidence.(2) Subp'na duces tecum; this is personally served upona person, who has in his possession any written instrument, etc., the production of which in evidence is desired. Such a person need not be sworn, and in that case he cannot be cross-examined. Se DUCES TECUM.These subp'nas are also used in criminal proceedings; four witnesses can be included in one subp'na, whether in civil or criminal cases.For rules as to service, etc., of subp'na see (English) R.S.C. 1883, Ord. XXXVII., rr. 26-34, and for the different forms of subp'na, see ...
Clerk
Clerk [fr. cleric, Sax.; clericus, Lat.], originally a learned man or man of letters, whence the term is appropriated to churchmen who were called clerks and now clergymen, the nobility and gentry being bred to the exercise of arms, and none left to cultivate the sciences but ecclesiastics. Where the canon law has full power, the word 'clerk' comprehends sacerdotes, diaconi, subdiaconi, lectores, acolyti, exorcist', and ostiarii. The word has been anciently used for a secular priest, in opposition to a religious or a regular, Jac. Law Dict....
Official
Official, according to the dictionary, means pertain-ing to an office, S.K. Zutshi v. Bimal Debnath, (2004) 8 SCC 31 (38); See also State of Orissa v. Ganesh Chandra Jew, (2004) 8 SCC 40. (Criminal PC, 1973, s. 197)Official, formal; authorised.In the Civil Law, he is a minister of, or attendant upon, a magistrate. In the Canon Law, he is the person to whom a bishop commits the charge of his spiritual jurisdiction; there is one in every diocese, called officialis principalis, i.e., chancellor; the rest,if there are more, are officiales foranei, i.e., commissaries. in our statute she is the person whom the archdeacon appoints as his substitute. Wood's Inst. 30, 505...
Monomachy
Monomachy [fr. Gk., and a fight], a duel; a single combat.It was anciently allowed by law, for the trial or proof of crimes. It was even permitted in pecuniary causes, but it is now forbidden both by the civil and canon laws...
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