Judicial Advocates and Procurators: An Historical Synopsis and Commentary

Students and practitioners of canon law will be absorbed by this fascinating exposition of the role of these judicial officials.

Advocates and procurators assist in the smooth functioning of diocesan tribunals by being involved with the various phases of the canonical process and sustaining the procedural law of the Catholic Church. For those interested in and wanting to better understand Canon Law, this book presents the historical background and development of the ecclesiastical judicial advocate and procurator, and sets forth canonical commentary with reference to legislation affecting these officials.

James J. Hogan was born on October 17, 1911 in Philadelphia. At the age of 26 he was ordained as a priest in Trenton, NJ. He became an ordained bishop in February of 1960 in Trenton, NJ. In 1966, he was appointed bishop in Altoona-Johnstown, Pennsylvania where he remained until his retirement in 1986.

Foreword			iii
Abbreviations			3
Preliminary Notions
Part I
Historical Conspectus			7
Chapter I
Judicial Advocates and Procurators in Roman Law			7
	Article 1. Advocates		7
		A. Historical development of the office	7
		B. Qualifications	9
		C. Legal Training	10
		D. Remuneration	12
	Article 2. Procurators		13
		A. Historical development of the office	13
		B. The mandatum	15
		C. The satisdation	16
		D. Qualifications	16
Chapter II
Advocated and Procurators in Canon Law from the Early Church to Gratian			18
	Article 1. Procedural Background of the Early Church in Relation to These Officials		18
	Article 2. The Advocate in the Early Church to the Ninth Century		21
	Article 3. The Procurator in the Early Church to the Ninth Century		25
	Article 4. Appointment, Duties, Remuneration of Advocates and Procurators in the Early Middle Ages		27
	Article 5. Advocates and Procurators from the Ninth Century to the Gratian		29
Chapter III
Canon Law Affecting Advocates and Procurators from Gratian to Council of Trent			32
	Article 1. The Decree of Gratian and the Compilatines Antiquae		32
	Article 2. Legislation of Councils in the Twelfth and Thirteenth Centuries		35
	Article 3. Legislation of Gregory IX, Boniface VIII and Clement V		38
		A. Advocates	38
		B. Procurators	40
	Article 4. The Ordines Judiciarii		44
	Article 5. Papal Constitutions		47
Chapter IV
Canonical Legislation on Advocates and Procurators from Council of Trent to the Codification of Canon Law			52
	Article 1. Council of Trent (1545-1563)		52
	Article 2. Papal Constitutions		52
	Article 3. Decrees of the Roman Congregation		55
	Article 4. Legislation of Particular Councils		59
	Article 5. Regulations of the Roman Tribunals		60
Part II
Canonical Commentary			65
Chapter V
The Appointment of Judicial Advocates and Procurators			65
	Article 1. Trials Demanding and Permitting the Presence of Advocates and Procurators (Canon 1655)		65
	Article 2. The Number of Advocates and Procurators Permitted in Ecclesiastical Trials (Canon 1656)		77
	Article 3. The Qualifications of Judicial Advocates and Procurators (Canon 1657)		82
	Article 4. Official Approbation of Judicial Advocates and Procurators (Canon 1658)		84
Chapter VI
The Authorization of Judicial Advocates and Procurators			102
	Article 1. The Mandate of the Judicial Procurator (Canon 1659)		102
	Article 2. Limitations of the Procurator's Mandate (Canon 1662)		111
	Article 3. Custody of the Procurator's Mandate (Canon 1660)		117
	Article 4. Commission of the Judicial Advocate (Canon 1661)		117
Chapter VII
The Rejection and Removal of Judicial Advocates and Procurators			121
	Article 1. Power of the Judge to Reject Advocates and Procurators (Canon 1663)		121
	Article 2. Power of the Litigants to Remove Advocates and Procurators (Canon 1664, �1)		124
Chapter VIII
Penal Sanctions Affecting Judicial Advocates and Procurators			129
	Article 1. Specifically Prohibited Transactions (Canon 1665)		129
	Article 2. Sanctions Regarding Betrayal of Office in General (Canon 1666)		132
Chapter IX
The Rights and Duties of the Advocate and Procurator at Various Stages of the Canonical Process			137
	Article 1.The Advocate and Procurator in the Introductory Period		137
		A. Assistance in formulation of the libellus	137
		B. The formal summons	141
		C. The contestatio litis	142
	Article 2. The Advocate and Procurator in the Probatory Stage		145
		A. Interrogation and judicial confession of the parties	145
		B. The testimony of witness and experts	147
		C. Documents	153
	Article 3. The Advocate and Procurators in the Definitive Period		154
		A. Publication of the process	154
		B. Conclusion of the case	155
		C. Discussion of the suit -- the belief	156
	Article 4. The Advocate and Procurator and Remedies Against the Sentence		162
		A. The procurator's right and duty to appeal (Canon 1664, � 2)	162
		B. The complaint of nullity	168
	Article 5. The Advocate and Procurator with Regard to Remuneration and Gratuitous Patronage		171
		A. Remuneration of advocates and procurators	171
		B. Gratuitous patronage on the part of advocates and procurators	175
Conclusions			180
Bibliography			183
Biographical Notes			190
Alphabetical Index			191
Canon Law Studies			194