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Canon Law - Law Dictionary Search Results

Degradation

Degradation, a deprivation of dignity; dismissal from office. An ecclesiastical censure, whereby a clergyman is divested of his holy orders. There ae two sorts by the canon law; one, summary, by word only; the other, solemn, by stripping the party degraded of those ornaments and rights which are the ensigns of his degree. Degradation is otherwise called deposition, but the canonists have distingui-shed between these two terms, deeming the former as the greater punishment of the two. There is likewise a degradation of a lord or knight at Common Law and also by Act of Parliament, 13 Car. 2, c. 16....

Canonist

A professor of canon law one skilled in the knowledge and practice of ecclesiastical law...

Jactitation

Jactitation [fr. jactito, Lat., to boast], a false pretension to marriage, Canon Law.The suit of actitation of marriage (jactitationis matri-monii causa), though a rare proceeding, may still be brought in the Divorce Court by the express terms of the (English) Matrimonial Causes Act,1857 (20 & 21 Vict. c. 85), s. 6 (replaced by (English) Judicature Act, 1925, s. 21), when a person falsely boasts that he or she is married to another whereby a reputation of their marriage may ensue. The party injured sues for the purpose of having perpetual silence enjoined upon the unjustifiable boaster. See Thompson v. Rourke, 1893 P. 70....

Res inter alios acta alteri nocere non debet

Res inter alios acta alteri nocere non debet (a trans-action between strangers ought not to injure another party), e.g., the sworn evidence of a witness in one cause cannot be made available in another cause between other parties. consult Best on Evidence, bk. 3, pt. 2, ch. 5, where it is pointed out that the maxim, in many varying forms, was well known both in the Civil and Canon Law; and see also Broom's Legal Maxims, citing the Duchess of Kingston's case, (1771) 20 How St Tr 335; 2 Sm LC, and other cases in illustration of the rule, and Higham v. Ridgway, (1808) 10 East, 109; 2 Sm LC, and other cases in which entries of a deceased stranger declarant against his interest, or in the course of his business, have been held admissible, in illustration of the exceptions....

Request, Letters of

Request, Letters of. Many suits are brought before the Dean of Arches, as original judge, the cog-nizance of which properly belongs to inferior jurisdiction within the province, but in respect of which the inferior judge has waived his jurisdiction under a certain form of proceeding known in the canon law by the denomination of Letters of Request, 3 Steph. Com...

Prevention

Prevention [fr. pr'venio, Lat.], the right which a superior person or officer has to lay hold of, claim, or transact, an affair prior to an inferior one, to whom otherwise it more immediately belongs, Canon Law Term....

Prestimony, or Pr'stimonia

Prestimony, or Pr'stimonia, a fund or revenue appropriated by the founder for the subsistence of a priest, without being erected into any title or benefice, chapel, prebend, or priory. It is not subject to the ordinary; but of it the patron, and those who have a right from him, are the collators, Canon Law....

Obedientia

Obedientia, an office, or the administration of it, Canon Law...

Compensatio criminum

Compensatio criminum (compensation of offences), a term used by the canonists. Where husband and wife and both been guilty of adultery, there was, according to the doctrine of the Canon Law, a compensatio criminum, i.e., the guilt of the one was neutralized by that of the other, and both were restored to the position of innocent persons. See DIVORCE....

Gossipred

Gossipred, compaternity, spiritual affinity, Canon Law....

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