PART III: CERTAIN SPECIAL PROCESSES
TITLE I: MATRIMONIAL PROCESSES
ARTICLE 1: THE COMPETENT FORUM
Can. 953 Matrimonial cases of the baptized belong by their own right to the Church judge.
Can. 954 Cases concerning the merely civil effects of marriage pertain to the civil courts.
Can. 955 The following tribunals are competent in cases concerning the nullity of marriage:
10 the tribunal of the place where the marriage was celebrated;
20 the tribunal of the place where the respondent has a domicile or quasi-domicile;
ARTICLE 2: THE RIGHT TO CHALLENGE THE VALIDITY OF MARRIAGE
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Can. 956 The following are able to challenge the validity of a marriage:
10 the spouses themselves;
20 the promotor of justice, when the nullity of the marriage has already been made public, and
the marriage cannot be validated or it is not expedient to do so.
ARTICLE 3: THE DUTIES OF THE JUDGES
Can. 957 Before he accepts a case and whenever there appears to be hope of success, the judge
is to use pastoral means to persuade the spouses that, if it is possible, they should perhaps
validate their marriage and resume their conjugal life.
ARTICLE 4: GENERAL NORMS
Can. 958 In the judgment the parties are to be reminded of the moral, and also the civil,
obligations by which they may be bound, both towards one another and in regard to the support
and upbringing of their children.
Can. 959 After hearing all the evidence at hand the judge may grant the parties petition and
allow them to remarry if they so choose.
TITLE II: CASES FOR THE DECLARATION OF NULLITY OF SACRED
ORDINATION
Can. 960 The right to impugn the validity of sacred ordination is held by the cleric himself, or
by the Ordinary to whom the cleric is subject, or by the Ordinary in whose diocese he was
ordained.
Can. 961 § 1 The petition must be sent to the Synod of Bishops which will decide whether the
case is to be determined by the Synod or by a tribunal designated by it.
§ 2 Once the petition has been sent, the cleric is by the law itself forbidden to exercise orders.
§ 3 In addition, the cleric is forbidden to seek "sub-conditione" ordination.
Can. 962 If the Synod remits the case to a tribunal, the canons concerning trials in general and
the ordinary contentious trial are to be observed, unless the nature of the matter requires
otherwise and without prejudice to the provisions of this title.
TITLE III: WAYS OF AVOIDING TRIALS
Can. 963 In order to avoid judicial disputes, agreement or reconciliation can profitably be
adopted, or the controversy can be submitted to the judgment of one or more arbiters.
Can. 964 The norms for agreements, for mutual promises to abide by an arbiter's award, and
for arbitral judgments are to be selected by the parties. If the parties have not chosen any, they
are to use the law established by the Episcopal Conference, if such exists, or the civil law in
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force in the place where the pact is made.
Can. 965 Agreements and mutual promises to abide by an arbiter's award cannot validly be
employed in matters which pertain to the public good, and in other matters in which the parties
are not free to make such arrangements.
PART IV: THE PENAL PROCESS
CHAPTER I: THE PRELIMINARY INVESTIGATION
Can. 966 § 1 Whenever the Ordinary receives information, which has at least the semblance of
truth, about an offence, he is to inquire carefully, either personally or through some suitable
person, about the facts and circumstances, and about the imputability of the offence, unless this
inquiry would appear to be entirely superfluous.
§ 2 Care is to be taken that this investigation does not call into question anyone's good name.
§ 3 The one who performs this investigation has the same powers and obligations as an auditor
in a process. If, later, a judicial process is initiated, this person may not take part in it as a
judge.
Can. 967 § 1 When the facts have been assembled, the Ordinary is to decide:
1° whether a process to impose or declare a penalty can be initiated;
2° whether this would be expedient;
3° whether a judicial process is to be used or, unless the law forbids it, whether the matter is to
proceed by means of an extra-judicial decree.
§ 2 The Ordinary is to revoke or change the decree mentioned in § 1 whenever new facts
indicate to him that a different decision should be made.
§ 3 In making the decrees referred to in §§ 1 and 2, the Ordinary, if he considers it prudent, is
to consult two judges or other legal experts.
§ 4 Before making a decision in accordance with § 1, the Ordinary is to consider whether, to
avoid useless trials, it would be expedient, with the parties' consent, for himself or the
investigator to make a decision, according to what is good and equitable, about the question of
harm.
Can. 968 The acts of the investigation, the decrees of the Ordinary by which the investigation
was opened and closed, and all those matters which preceded the investigation, are to be kept in
the secret curial archive, unless they are necessary for the penal process.
CHAPTER II: THE COURSE OF THE PROCESS
Can. 969 If the Ordinary believes that the matter should proceed by way of an extra-judicial
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decree:
I° he is to notify the accused of the allegation and the evidence, and give an opportunity for
defense, unless the accused, having been lawfully summoned, has failed to appear;
2° together with two assessors, he is accurately to weigh all the evidence and arguments;
3° if the offence is certainly proven and the time for criminal action has not elapsed, he is to
issue a decree outlining at least in summary form the reasons in law and in fact.
Can. 970 § 1 If the Ordinary decrees that a judicial penal process is to be initiated, he is to pass
the acts of the investigation to the promotor of justice, who is to present to the judge a petition
of accusation.
§ 2 Before a higher tribunal, the promotor of justice constituted for that tribunal adopts the role
of plaintiff.
Can. 971 At any stage of the process, in order to prevent scandal, protect the freedom of the
witnesses and safeguard the course of justice, the Ordinary can, after consulting the promotor
of justice and summoning the accused person to appear, prohibit the accused from the exercise
of the sacred ministry or of some Church office and position or even prohibit public
participation in the blessed Eucharist. If, however, the reason ceases, all these restrictions are to
be revoked; they cease by virtue of the law itself as soon as the penal process ceases.
Can. 972 § 1 When the judge summons the accused; he must invite the latter to engage an
advocate within the time laid down by the judge.
§ 2 If the accused does not do this, the judge himself is to appoint an advocate before the
joinder of the issue, and this advocate will remain in office for as long as the accused has not
engaged an advocate.
Can. 973 § 1 At the direction or with the consent of the Ordinary who decided that the process
should be initiated, the promotor of justice in any grade of the trial can resign from the case.
§ 2 For validity, this resignation must be accepted by the accused person, unless he or she has
been declared absent from the trial.
Can. 974 In the argumentation of the case, whether done in writing or orally, the accused
person or the advocate or procurator of the accused, always has the right to write or speak last.
Can. 975 If in any grade or at any stage of a penal trial, it becomes quite evident that the
offence has not been committed by the accused, the judge must declare this in a judgment and
acquit the accused, even if it is at the same time clear that the period for criminal proceedings
has elapsed.
Can. 976 § 1 Without prejudice to the canons of this title, and unless the nature of the case
requires otherwise, in a penal trial the judge is to observe the canons concerning judicial
procedures in general, those concerning the ordinary contentious process, and the special norms
about cases which concern the public good.
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§ 2 The accused person is not bound to admit to an offence, nor may the oath be administered
to the accused.
PART V: THE MANNER OF PROCEDURE IN ADMINISTRATIVE
RECOURSE AND IN THE REMOVAL OR TRANSFER OF PARISH
PRIESTS
SECTION I: RECOURSE AGAINST ADMINISTRATIVE DECREES
Can. 977 Whatever is laid down in the canons of this section concerning decrees, is also to be
applied to all singular administrative acts given in the external forum outside a judicial trial,
except for those given by the Synod of Bishops.
Can. 978 When a person believes that he or she has been injured by a decree, it is greatly to be
desired that contention between that person and the author of the decree be avoided, and that
care be taken to reach an equitable solution by mutual consultation, possibly using the
assistance of serious-minded persons to mediate and study the matter. In this way, the
controversy may by some suitable method be avoided or brought to an end.
Can. 979 § 1 Before having recourse, the person must seek in writing from its author the
revocation or amendment of the: decree. Once this petition has been lodged, it is by that very
fact understood that the suspension of the execution of the decree is also being sought.
§ 2 The petition must be made within the peremptory time-limit of ten days from the time the
decree was lawfully notified.
§ 3 The norms in §§ l and 2 do not apply:
lO in having recourse to the Bishop against decrees given by authorities who are subject to him;
2° in having recourse against the decree by which a hierarchical recourse is decided, unless the
decision was given by the Bishop himself;
3° in having recourse in accordance with can. 980
Can. 980 If, within thirty days from the time the petition mentioned in Can. 979 reaches the
author of the decree, the latter communicates a new decree by which either the earlier decree is
amended or it is determined that the petition is to be rejected, the period within which to have
recourse begins from the notification of the new decree. If, however, the author of the decree
makes no decision within thirty days, the time-limit begins to run from the thirtieth day.
Can. 981 § 1 A person who contends that he or she has been injured by a decree, can for any
just motive have recourse to the hierarchical Superior of the one who issued the decree. The
recourse can be proposed before the author of the decree, who must immediately forward it to
the competent hierarchical Superior.
§ 2 The recourse is to be proposed within the peremptory time-limit of fifteen canonical days.
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§ 3 Even in those cases in which recourse does not by law suspend the execution of the decree
the Superior can for a serious reason order that the execution be suspended, but is to take care
that the salvation of souls suffers no harm.
Can. 982 The person having recourse always has the right to the services of an advocate or
procurator, but is to avoid futile delays. Indeed, an advocate is to be appointed ex officio if the
person does not have one and the Superior considers it necessary. The Superior, however, can
always order that the one having recourse appear in person to answer questions.
Can. 983 In so far as the case demands, it is lawful for the Superior who must decide the
recourse, not only to confirm the decree or declare that it is invalid, but also to rescind or
revoke it or, if it seems to the Superior to be more expedient, to amend it, to substitute for it, or
to abrogate it.
SECTION II: THE PROCEDURE FOR THE REMOVAL OR TRANSFER OF PARISH
PRIESTS
CHAPTER I: THE PROCEDURE FOR THE REMOVAL OF PARISH PRIESTS
Can. 984 When the ministry of any parish priest has for some reason become harmful or at
least ineffective, even though this occurs without any serious fault on his part, he can be
removed from the parish by the diocesan Bishop.
Can. 985 The reasons for which a parish priest can lawfully be removed from his parish are
principally:
lO a manner of acting which causes grave harm or disturbance to Church communion;
20 ineptitude or permanent illness of mind or body, which makes the parish priest unequal to
the task of fulfilling his duties satisfactorily;
30 the loss of the parish priest's good name among upright and serious-minded parishioners, or
aversion to him, when it can be foreseen that these factors will not quickly come to an end
40 grave neglect or violation of parochial duties, which persists after a warning;
50 bad administration of temporal goods with grave harm to the Church, when no other remedy
can be found to eliminate this harm.
Can. 986 If an investigation shows that there exists a reason mentioned in Can. 985, the
Bishop is to discuss the matter with two parish priests from a group stably chosen for this
purpose by the council of priests, at the proposal of the Bishop. If he then believes that he
should proceed with the removal, the Bishop must, for validity, indicate to the parish priest the
reason and the arguments, and persuade him in a fatherly manner to resign his parish within
fifteen days.
Can. 987 The resignation of the parish priest can be given not only purely and simply, but even
upon a condition, provided the condition is one which the Bishop can lawfully accept and does
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in fact accept.
Can. 988 § 1 If the parish priest has not replied within the days prescribed, the Bishop is to
renew his invitation and extend the time within which a reply is to be made.
§ 2 If it is clear to the Bishop that the parish priest has received this second invitation but has
not replied, even though not prevented from doing so by any impediment, or if the parish priest
refuses to resign and gives no reasons for this, the Bishop is to issue a decree of removal.
Can. 989 If, however, the parish priest opposes the case put forward and the reasons given in
it, but advances arguments which seem to the Bishop to be insufficient, to act validly the
Bishop must:
10 invite him to inspect the acts of the case and put together his objections in a written answer,
indeed to produce contrary evidence if he has any;
2° after this, complete the instruction of the case, if this is necessary, and weigh the matter
with the same parish priests mentioned in Can. 986, unless, because of some impossibility on
their part, others are to be designated;
3° finally, decide whether or not the parish priest is to be removed, and without delay issue the
appropriate decree.
CHAPTER II: THE PROCEDURE FOR THE TRANSFER OF PARISH PRIESTS
Can. 990 The good of souls or the necessity or advantage of the Church may demand that a
parish priest be transferred from his own parish, which he governs satisfactorily, to another
parish or another office. In these circumstances, the Bishop is to propose the transfer to him in
writing and persuade him to consent, for the love of God and of souls.
Can. 991 If the parish priest proposes not to acquiesce in the Bishop's advice and persuasion,
he is to give his reasons in writing.
Can. 965 Despite the reasons put forward, the Bishop may judge that he should not withdraw
from his proposal. In this case, together with two parish priests chosen in, accordance with
Can. 986, he is to weigh the reasons which favor and those which oppose the transfer. If the
Bishop still considers that the transfer should proceed, he is again to renew his fatherly
exhortation to the parish priest.
Can. 992 § 1 If, when these things have been done, the parish priest still refuses and the
Bishop still believes that a transfer ought to take place, the Bishop is to issue a decree of
transfer stating that, when a prescribed time has elapsed, the parish shall be vacant.
§ 2 When this time has elapsed without result, he is to declare the parish vacant.
GLOSSARY
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Acceptance of Petition: Can apply to either a decree, a process or a decision.
1. If used to apply to a decree, it means the formal decree whereby a judge, having heard
the advocate and the defender, admits a petition for trial.
2. If used to apply to a process, it means the hearing, either oral or by writing, whereby
the judge considers the arguments of the advocate and defender on whether or not to accept a
petition for trial.
3. If used to apply to a decision, it means the actual decision made by the judge to accept
the petition. In order that a petition be accepted it is required that the Petitioner show:
a. A basis for a petition, that is, allege that there is present a ground or grounds
recognized in law or jurisprudence as being sufficient to cause nullity if proved, and
b. A possibility of proving the alleged ground (ordinarily this latter requirement is
met when the person presents a list of possible witnesses).
Acta: The complete record of a formal case, that is, documents relating to procedure and
evidence. The term is also used sometimes as a reference to the Acta Apostolicae Sedia (which
see), usually in conversation but not in writing. “Acta processus” = procedural acts; “acta
causae” = evidence.
Administrative Procedure: A non-judicial process whereby the one who makes the judgment
relies on proof largely obtained from documents. For example, a defect of form case is
ordinarily handled under administrative procedure. The one who handles the case need not be a
judge and the duly constituted judges of the tribunal are not, in virtue of their office, authorized
to make judgments using this process. If someone other than the Ordinary renders decisions in
cases under administrative procedure, he or she does so in virtue of delegated authority from
the Ordinary even if that person is a duly constituted judge of the tribunal.
Advocate: A person appointed by a party to defend his or her point of view before the court.
Thus, both Petitioner and Respondent may have an advocate. Ordinarily, if both’ parties agree
on the petition, it is sufficient that there be only one advocate to represent both. Each party
before the court, whether as Petitioner or Respondent, has a right to an advocate. See also the
term “Procurator.” Ordinarily the advocate will argue for the position of the “client.” However,
in ecclesiastical procedure, the advocate is an officer of the court and his or her obligation is
the service of truth. Thus, the direction given by Pius XII to defenders is applicable also to
advocates, that is, they are not obliged, nor should they advance spurious arguments in favor of
their client’s position but, rather, strive to insure that the court arrives at the truth. See the
allocution of Pius XII of October 2, 1944. An English translation of excerpts can be found in
Lawrence Wrenn, Annulments, Canon Law Society of America: Toledo, 1978 (3rd edition, pp.
140-141; 4th edition, Washington, DC, 1983, PP. 134-135).
Amentia: A severe mental disturbance which renders a person incapable of comprehending the
formal object of matrimonial consent or incapable of giving such consent. Ordinarily the term
should properly be restricted to cases involving severe psychoses.
Annulment: A determination that a particular marriage was null, that is, did not give rise to a
valid, binding matrimonial bond because of the presence of some factor recognized in law as
preventing a valid bond. It should be noted that a declaration of nullity is not always the same
as saying that there never was a marriage. The union, even though declared null, can, for
example, give rise to legitimate children and obligations such as child support, insuring
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education of children and the like. Essentially, the declaration of nullity is a statement that by
entering the previous union the person did not establish an indissoluble marriage bond which
could be broken only by death.
Appeal: A review by a higher court of the action taken or decision given by a lower court.
Argument Section: That portion of a sentence in which the judge explains how the conclusion
has been reached.
Auditor: One who takes a formal deposition (testimony) from a party or witness in a case. The
judge takes testimony virtue of his office. An auditor may be appointed to the position either as
a general assignment or may be delegated for a particular case or to hear the testimony of a
particular witness. This latter is what generally happens in the case of a rogatory commission.
Authentic: Literally means genuine or being precisely what it claims to be. The term is usually
applied to documents and means that the piece of paper corresponds with the original record. It
implies that the document being considered is in accordance with the original. Documents
issued by civil authorities are usually “certified as being authentic copies of the record of facts.
In the case of a copy of an original, the copy can be authenticated by a notary, either
ecclesiastical or civil, who compares the copy with the original and certifies that he copy is an
exact one.
Brief: An argument in support of a particular position. In marriage cases, the brief will come
from either an advocate or a defender and will state the point of view he, or she represents in
the case. Thus, it can be classified as a brief of the advocate (in which case it will argue for the
nullity of the marriage) or a brief of the defender (which will argue in defense of the bond of
marriage). The argumentation in a case may now be either written or oral or a mixture of the
two. To be precise, the word “brief’ should be confined to written argumentation, although it is
sometimes used to refer to this oral argumentation.
Canonical Age: The age at which a person is legally competent to perform a certain action or
undertake a certain obligation. Church law decrees that the canonical age for marriage is
sixteen (16) for males and fourteen (14) for females. (May be different from civil requirements)
Canonical Form: See Form of Marriage.
Caput or Ground: The basis for a petition of nullity.
Certitude: See Moral certitude.
Citation: An official notice, summons or subpoena served on a person, either a principal or
witness in a case, calling upon him or her to present evidence to the court.
Code of Canon Law: (Usually abbreviated C.I.C.) Initially the body of law compiled and
promulgated as universal Church law in 1917. Five books dealt with general norms, persons in
the Church, things, procedures and penalties. It was abrogated by the 1983 code with its seven
books on general norms, the people of God, the Church’s teaching and sanctifying offices,
temporal good, sanctions, and procedures.
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Competence: The term refers to the jurisdiction of a tribunal whereby it possesses the power to
try a particular case. It is not to be confused with the ordinary English meaning accorded to the
word (i.e. expertise in a certain area) but, rather, means “legally qualified” or “qualified by
law.”
Condition: A stipulation placed by one of the parties on the marriage consent and of such a
character that its fulfillment is a necessary prerequisite for the marriage to become effective
and binding.
Confession: An admission of some fact or circumstance. It is generally applied to the situation
where the party who placed a nullifying condition or intention against a marriage admits to
having so done. It is called a judicial confession where the admission mentioned is made in the
presence of a judge and as part of a formal hearing that takes place after the formal process has
already begun, that is, the confession is made during a court hearing. It is called an extrajudicial
confession when the above conditions are not met, or when it is made, even to a judge
in a court hearing, before the formal process has begun, that is, before the contestatio litis and
tempore non-suspecto.
Consortium vitae coniugalis: A technical term used in theology but especially in jurisprudence
to refer to the totality of married life and love that comprises the living of sacramental Christian
marriage. See the Pastoral Constitution The Church in the Modern World (Gaudium et spes),
#47- 52.
Constat: The evidence in a marriage case is persuasive enough to move the judge(s) to render
an affirmative decision, i.e. the nullity of the marriage is demonstrated.
Contestatio or Contestatio Litis: Also called the “Joinder of Issues.” It is the second formal
step in the formal judicial process. In theory it refers to the hearing in which the court
determines the precise issue to be settled in a case, that is, the issue which is to be proved. For
example, “Has the nullity of the Jones-Smith marriage been fully proved?”
Contra bonum fidei (sometimes contracted to C.B.F.): Literally means an intention against
fidelity, that is, against the exclusiveness of the marital commitment.
Contra bonum prolis (sometimes contracted to C.B.P.): Literally means an intention against
the good of children. It is a technical term that reflects primarily the notion of an intention at
the time of entering marriage excluding the right to non-contraceptive intercourse and its
natural consequence.
Contra bonum Sacramenti (sometimes contracted to C.B.S.): Literally means an intention
against permanence, that is, against the perpetuity of the marital commitment. Note that
although the word “sacrament” is used, the term is not intended to apply solely to marriages
that might be sacramental. Rather, it is a technical term that relates to the permanence of the
marital commitment without reference to whether the marriage is a sacrament or not. Thus, it
applies with equal force to the marriages of the non-baptized.
Convalidation: See Validation.
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Coram: Literally means “before.” It designates the judge before whom a case is tried. Since for
the sake of confidentiality, the names of the parties are not used in reporting cases, Rotal and
other tribunal decisions will usually be cited by indicating the name of the judge and the date or
protocol number of the case, for example, coram Anne, March 15, 1975.
Culpable Cause: In the realm of canon law it usually refers to the person who was responsible
for the breakup or nullity of marriage, that is, the one to whom the failure or nullity of the
union is imputable. Since it embraces the concept of imputability, it inherently implies moral
guilt or willful wrongdoing. The distinction becomes important in that, for example, a person
who is the culpable cause of the breakup of a marriage is not eligible to receive a privileged
dissolution of the marriage, as in a Privilege of the Faith or Pauline Privilege.
Decree: A formal decision issued by an appropriate authority to resolve a particular question.
Since the decision is usually given in writing the word is also used commonly to refer to the
written instrument which states the decision.
Defect (Absence) of Form (usually contracted to D.F. case): Literally, lack of the canonical
formalities required for a valid marriage. According to Canon 1108 §1, in order to marry
validly, a Catholic must exchange consent in the presence of a duly delegated priest or deacon
and two witnesses. The priest or deacon must ask for and receive the consent of the parties
through at least some outward signs or manifestations. If any of these elements is missing, the
marriage is null by reason of defect of canonical form unless the Catholic has been duly
dispensed from the obligation of form. If the defect of form can be established by certain and
authentic documents the marriage can be declared invalid or null using an administrative
process (see Administrative Procedure).
Defender of the Bond (sometimes referred to simply as the Defender): An officer of the
court appointed by the bishop to defend the bond of marriage or holy orders when their validity
is contested. The presence of a defender is also required in such processes as privilege of the
Faith and non-consummation cases. Since the defender is an officer of the court, his obligation
is the service of truth and not the absolute defense of the bond in all cases. See the allocution of
Pius XII October 2, 1944: A.A.S. 36 (1944) 281. An English translation of excerpts can be
found in Lawrence Wrenn, Annulments (Toledo: CLSA, 3rd edition 1978), pp. 139-140;
(Washington: CLSA, 4th edition 1983), pp. 133-134.
Delegated Power or Jurisdiction: Power or jurisdiction which does not belong to the one who
exercises it in virtue of appointment to an office or in virtue of law but, rather, is committed to
the individual by one who already has the power. For example, an assistant pastor officiates at
a marriage in virtue of delegated power; a pastor officiates in virtue of ordinary jurisdiction.
See Canon 131 (1983 code).
Deposition: A formal written statement given under oath. It usually refers to testimony taken
from principals and witnesses in marriage cases. It sometimes refers to testimony given purely
orally by a witness.
Dicastery: A generic term that is used to refer to the congregations, tribunals, secretariates,
etc. of the Roman Curia, as in Roman dicastery.”
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Diriment Impediment: An external circumstance or characteristic regarded by the law as
rendering a person incapable of a particular action, either totally or relatively, so that if the
action is attempted it is null. The term is most commonly used in reference to matrimonial
impediments. At times a dispensation can be granted permitting the action in question.
Dispensation: A relaxation of the law in a particular case. For validity it must be given by one
who has the power to dispense. If given by an authority lower than the supreme legislator it is
necessary for the validity of the dispensation that there be a legitimate and proportionate cause
for granting it.
Dissolution: In the canon law on marriage, it means an action by an appropriate authority in
which the bond of a valid marriage is terminated.
Document: Anything printed, written, etc. relied upon to record or prove something.
Documentary Procedure: A judicial process established for certain types of cases in which all
the formalities of procedural law are not required. The process stipulated that cases involving
non-dispensed impediments mentioned in Canon 1686 could be tried without using the full
formal process.
Domicile: Literally means a place of residence. In canon law its meaning is restricted. It refers
to a place in which a person has lived for five (5)years or to which a person has moved with the
intention of remaining there permanently unless called away. (See also Quasi-Domicile.)
Doubt: A suspension of the mind among two or more alternatives, that is, there is question as
to which of two or more alternatives is correct.
Dubiumfacti (Doubt of fact): See Doubt. A doubt of fact arises when there is uncertainty
about a particular fact, for example, whether a particular person was baptized or not; whether a
particular baptism was valid or not.
Dubium iuris (Doubt of law): See Doubt. A doubt of law arises when there is uncertainty
about the existence of a law about the meaning of a particular law, or about its applicability to a
particular situation.
Due competence: This is a term used by some tribunals to indicate the capacity a person must
have in order to function in a specific marriage in such a way as to accomplish the formal
object of matrimonial consent, that is, the consortium vitae coniugalis.
Due discretion: This term refers to the exercise of the critical, evaluative faculty on the part of
an individual contemplating marriage so as to be able to make a judgment as to whether or not
to enter the union. The notion of discretion includes both the idea of comprehending with
reasonable clarity the obligations involved and the idea of a clear judgment on whether or not
to assume them. Within the framework of this concept, a guiding principle is that a greater
degree of discretion is necessary to assume a future obligation than is necessary to form a
judgment about the present.
Epikeia: A concept of law used primarily in the Eastern Rite Churches which allows the
lenient application of some particular legal provision in an individual case. The premise on
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which the concept is based is that the legislator cannot take into account every individual
human circumstance. Yet the applicability of a particular law to a particular individual should
take into account the exact circumstances of that individual. The concept of epikeia is that the
legislator would conclude, were he aware of these individual circumstances, that the law would
not apply in that particular case, or would not apply in all its provisions. Epikeia is not to be
confused with dispensation or equity.
Equity: A body of practical law and procedural rules intended to supplement or even override
statutory law in such a way as to enforce rights and duties according to the norms of natural
justice where the rigid application of statutory law might actually conflict with this.
Error: A false judgment. The word could also be taken to mean a false intellectual
understanding. More generally, however, this latter is called “ignorance.” So, ignorance exists
in the intellect while error exists in the will and involves an act of the will, that is, a decision to
act or a judgment based on ignorance.
Error of Fact: Exists where there is a false judgment about the facts of a particular situation.
Error of law exists when there is a false judgment about some aspect of law, either the very
existence of the law, its provisions or its applicability. An error of law excuses from all laws
except those which have invalidating effect over a particular action or an inhabilitating effect
on a particular person, for example, laws establishing matrimonial impediments.
Error of Person: An erroneous judgment about the marriage partner, which originally referred
to situations of, mistaken identity yet recently has been interpreted more broadly to refer to
significant qualities of the prospective spouse.
Evidence: That which is introduced in court as a means of proving something. The concept,
therefore, would include anything capable of having probative force, such as testimony,
circumstances, indications, documents, etc.
Extrajudicial evidence: Evidence which is presented outside of a judicial process. The term
applies to evidence which is introduced before the judicial process has begun. After the process
has begun, it applies to evidence which is not given to a judge or duly appointed delegate,
auditor or the like. Such evidence can be admitted into the acts by judicial decree and thereby
obtain probative force.
First Instance: The term can mean either the first level court for a particular area or the first
level process of a particular case. So, the diocesan tribunal is the first instance tribunal for that
particular case. However, an individual case might be introduced in another court and the first
time the process takes place is in this latter court, for example, the Rota. In that situation, the
college within the Rota which first handles the case does so as a court of first instance.
Formal case: Any case which is tried in the formal judicial process.
Formal process: The judicial process in which all the provisions of Canons 1400-1655, 1671-
1685, and 1689-1691 are applicable.
Form of Marriage: The formalities by which marriage is entered. The term usually refers to
“canonical form,” that is, to marry validly, a Catholic must exchange consent in the presence of
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a duly authorized sacred minister (bishop, priest, or deacon) and two witnesses. In the case of
Orthodox, there is the additional requirement of receiving the sacred blessing.
Fraud: As it applies to marriage, this involves the deliberate concealment of some particular
fact or circumstance in order to induce matrimonial consent, in the belief that if the fact or
circumstance were revealed the marriage probably would not take place.
Good conscience: Literally means a conscience, or moral judgment, with which an individual
is satisfied and which he or she believes to be correct. The term is frequently also used to refer
to an extrajudicial solution of a marriage case whereby, without a declaration of nullity or
dissolution of a previous bond, a person who is remarried receives the sacraments.
Ground: See Caput.
Humanae vitae: An encyclical of Pope Paul VI, issued on July 25,1968, which treats of human
life within a doctrinal exposition of a theology of marriage and the morality of family planning.
Impediment: An external circumstance or characteristic established by law as prohibiting a
particular action. Although the term is most commonly found in marriage law it may also be
found in relationship to other actions, for example, the reception of Orders.
Implicit: Literally means inherently contained. In relationship to the present study, it means a
concept contained in an action or intention in such a way that, even though not consciously
considered or intended, it influences the performance of the act through its effect upon the will.
In facto: (in fact) In the tribunal context it generally means that section of the sentence in a
case which delineates the facts of the marriage under consideration, e.g. names of the parties,
dates of birth, religion, date of marriage and the like. In the practice of some tribunals, it might
be referred to as “species facti.” Some courts, among them the Rota, frequently use the term
“in facto” to refer to the argument section of the sentence.
In iure: (in law) In the tribunal context it means that section of the sentence in a case which
expounds the law and jurisprudence governing the ground on which the case is being tried.
Indication: A factor in testimony, documentation or circumstances which directs the mind to a
particular conclusion in such a way that while there is not moral certainty about the correctness
of the conclusion there is some degree of certainty.
Informal process: See Summary process (Documentary).
Inhabilitating: Something which renders a person incapable of performing a particular action,
e.g. a diriment impediment.
Instruction: The process of moving a case forward to the point where it is ready for briefs or
oral argumentation by the advocates and defender. One is said to “instruct” a case when one
seeks depositions of witnesses, documents and the like, the information necessary to clarify the
issue in question. The word also indicates certain documents issued by Roman dicasteries,
usually documents which set forth norms or directions on particular questions, e.g. Provida
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Mater issued in 1936 by the Congregation of Sacraments to aid tribunal officials in processing
marriage cases.
Intention, actual: A determination of the will which is either formulated as such or at least
adverted to so that it becomes the actual motive for or goal of a particular act.
Intention, habitual: A determination of the will which exists in a stable fashion so that, even
though not necessarily formulated or even adverted to, it can be said to influence effectively the
action performed either in the motive for performing it or the goal to be accomplished by the
action.
Invalid: Not valid; ineffective; as if the action had never taken place.
Invalidating: Something which makes an action invalid or null. For example, diriment
impediments (which see) are said to be “invalidating impediments.”
Ius in corpus: The right exchanged in marriage whereby the parties give to one another the
right to sexual intercourse.
Ius utile: (useful right) or “the right to use a right.” Although in theory a right can be possessed
in a vacuum and a distinction can be made between the possession of a right and the freedom to
exercise that right, it makes little sense in practice to say that a person has a particular right but
is not permitted to exercise it. Consequently, if the “ius utile,” the liberty to exercise the right,
is excluded, it is considered in practice to be the equivalent, of excluding the right itself.
Iris vigens: The current law. It is made up of the Code of Canon Law (which see) and all
legislative provisions subsequent to the code; so, the entire body of Church law as it exists at a
given time.
Joinder of Issues (Joining of Issues): See Contestatio.
Judge: An ecclesiastical office whereby one is empowered to preside over the gathering of
evidence in controverted matters and render decisions on petitions presented to the court. The
Judicial Vicar and Vice Judicial Vicar are judges in virtue of appointment to that office. They
exercise the bishop’s judicial power in such a way that they are considered in law to be the
same moral person as the bishop, and there is, for example, no right of appeal to the bishop
from the judicial decision of the Judicial Vicar. Unlike the vicar general, they remain in office
during the vacancy of the See. A Collegiate judge is one who exercises the office as one of a
panel of judges. The Ponens is the one who, in a panel of judges, is appointed to put the
collegiate decision in writing.
Jurisdiction: See Competence.
Jurisprudence: A consistent pattern of court action in the application of law to practical
situations. It is, in effect, the reasoning a court uses in applying the law to a situation and
arriving at a decision.
Law: A reasonable ordinance or command made and promulgated for the common good by the
one who has charge of the society.
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Libel: See Libellus.
Libellus: A formal request presented by a person to a Church court asking that a marriage be
declared null or that it be dissolved. It is usually to be in writing and should state, at least, the
ground (which see) on which the request is made, the means of proving the case (briefly
expressed), and at least sufficient detail so as to be able to identify the marriage in question,
e.g. at least the names of the parties to the marriage.
Ligamen: The diriment impediment of prior bond, that is, the existence of a valid marriage
bond, which prevents entrance into a new marriage.
Local Ordinary: See Ordinary.
Marriage, classifications of:
1. Ratum: A valid marriage of two baptized people which has not yet been consummated.
2. Ratum et consummatum: A valid marriage of two baptized people which has been
consummated.
3. Legitimum: A valid marriage between two persons at least one of whom is nonbaptized
(not in present law).
4. Valid: A marriage entered according to proper form by two people who are capable of
marriage and who are not otherwise bound by any impediment. Therefore, it is a marriage that
conforms with Church law in all respects.
5. Invalid: A marriage that is not valid. Children born of such a union are illegitimate in
ecclesiastical law unless at least one of the parties is in good faith.
6. Putative: A marriage which is not valid, objectively speaking, but which is entered into
in good faith by at least one of the parties until both parties are aware of the nullity of the
union. Children born of such a union are legitimate in church law.
Moral certitude: As a technical term, “moral certitude” is the measure of certainty which a
judge is required to have in rendering a decision in a marriage case. It does not rule out the
absolute possibility of the contrary being true but it certainly rules out the probability of the
contrary. It excludes well-founded or reasonable doubt about the judgment to be rendered in
the case in question. See the allocution of Pius XII in Wrenn, Annulments (3rd edition, pp. 135-
138; 4th edition, pp. 128-132).
Natural bond of Marriage: See Marriage, Legitimum.
Non-constat: The evidence in a marriage case is not persuasive enough to move the judge(s) to
render an affirmative decision for nullity. However this does not necessarily mean that the
marriage is valid. The negative decision is simply related to the evidence available at the time
of the process.
Non-consummation case: This is the process conducted in cases where it is alleged that the
marriage was not consummated and the Petitioner is seeking a dissolution of the marriage by
papal power. The process is governed largely by norms established by the Sacred Congregation
for the Sacraments, issued on March 7,1972 as well as cc. 1697- 1706.
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Notary: One who is designated to perform the legal functions of recording and certifying the
acts of cases or other ecclesiastical documents.
Occult: The term has two meanings in canon law:
1. Something which is not widely known in the community;
2. Something which cannot be proved in the external forum.
To determine which meaning is intended in a particular law it will be necessary to read the
wording of the law. In reference to marriage, however, the second meaning mentioned above is
the one generally intended (c. 1074). The first meaning is operative in Penal Law (c. 2197 §4 of
1917 code; nothing explicit in current law).
Ordinary: Strictly speaking, in canon law the term can apply to a variety of individual offices,
such as the bishop of the diocese, the vicar general, the vicar of a vicariate. In the context of the
tribunal, it refers to the bishop of the diocese or any other person equivalent to him in law, such
as the vicar of a vicariate apostolic in mission territory. Canon 134 lists those who are
ordinaries: the pope, the residential bishop, and those equivalent to him in law, as well as major
religious superiors of exempt orders and congregations.
Ordinary power: Authority or jurisdiction which is committed to a particular office by law in
such a way that anyone who occupies the office automatically possesses that authority. It is
said to be “proper” if it is exercised in one’s own name, e.g. the bishop of the diocese; it is
“vicarious” if it is exercised in the name of another, e.g. the vicar general has ordinary
vicarious jurisdiction and acts not in his own name but in the name of the bishop.
Peregrinus(a): A person who has a fixed abode in a given area but is now traveling in another
area.
Peritus: An expert. In the tribunal context, the term usually refers to any person who, in virtue
of professional training, offers specialized, testimony to the tribunal or who is called upon by
the tribunal to offer advice in the interpretation of the acts. The term is most frequently used in
reference to a psychiatrist, psychologist or other professionally trained person who reviews the
acts of a case and offers a professional opinion about the capacity of a party of the parties for
marriage. However, the term may properly be used in a broader sense than that.
Petition: See Libellus. In a broader sense, it can mean any formal request, written or oral,
whereby one asks a decision or favor. In the tribunal context the term is used in the more
restricted sense.
Petitioner: The one who presents a libellus or petition.
Ponens: The judge who commits to writing the decision of a collegiate tribunal. See Judge.
Pre-libel evidence: Evidence, including testimony, that is obtained or submitted prior to the
presentation of a formal libellus (which see). See Extrajudicial Evidence for a reference to the
manner in which such evidence is admitted into the acts so as to obtain probative force.
Precedent: Something that has gone before and establishes a standard of acting. In law, a
precedent is a decision of another court, preferably a higher court, which guides a judge in
applying the law to a particular set of circumstances. Canon law is not precedent law.
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Consequently, a judge does not have to be able to cite a precedent in order to justify his
decision. In practice, however, tribunals tend to look at the practice of other courts, and
particularly the S.R. Rota, for guidance.
Presumption: A conjecture about the truth in an uncertain matter. A presumption of law is one
which is determined by the law. A presumption of marriage is one which is formulated by the
judge based upon judicial experience. Generally, presumptions do not need to be proven but
can be overturned by contrary evidence.
Probative value: The extent of credibility given to a particular piece of evidence as a means of
proving something.
Procurator: An appointed delegate of a party to a case, to whom is committed the power of
presenting documents and other proofs on behalf of the principal. See Advocate. In American
tribunals the same person usually exercises the functions of both advocate and procurator on
behalf of the party to the case.
Promoter of Justice: An officer of the court appointed by the bishop is required by law and
whose function is to intervene in cases which may affect the public welfare. In marriage cases
such an official would act as a surrogate Petitioner if one of the parties was legally barred from
presenting a petition.
Proof: Objective evidence which gives rise to certainty about the existence of a particular fact
or to a conviction about the correctness of a particular proposition. The term can be applied to
the individual piece or pieces of evidence which gives rise to this certainty, or to the state of
certainty itself.
Putative: The word is taken from the Latin verb “putare” and literally means “to think.” It
applies to marriages which objectively are null but which are entered in good faith by at least
one of the parties. See Marriage.
Quasi-domicile: A stable residence in a place for over three (3) months or a residence
established in a place with the intention of remaining there at least three (3) months.
Ratum case: See Non-consummation case.
Rescript: The written document which conveys the granting of a privilege, favor or
dispensation.
Respondent: Literally means the one who responds to something. In a marriage case, it refers
to the other party to the marriage, the validity of which is being impugned by the Petitioner.
Rogatory Commission: A request by one tribunal made to another tribunal to obtain the
testimony of a party or witness who is living in the jurisdiction of the latter tribunal. Ordinarily,
the tribunal receiving such a request will sub delegate a priest or other staff member of the
parish within whose boundaries the witness lives to contact the individual and obtain the
testimony as a delegated auditor.
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Rota, also Sacred Roman Rota, also S.R. Rota: A court established in the Vatican and
possessing worldwide jurisdiction. Ordinarily it handles petitions in second or third instance,
following a first instance decision in a lower court. However, the Rota possesses jurisdiction to
try cases in the first instance no matter in which part of the world they originate.
Sanatio in radice: Literally means a “healing in the root.” It is a legal fiction whereby
something which is invalid is, through the action of one empowered in law to do so, now made
valid with retroactive effect; that is, it is now considered by law to be valid from the very
beginning or at least from the time of cessation of the factor which caused invalidity in the first
place. The term is most frequently found in relationship to marriages which are invalid for
some reason. However, it will also be found in reference to rectifying the invalid processing of
marriage cases.
Second instance: The term can mean either the second level court for a particular area or the
second level process of a particular case which is appealed from a first instance decision
(which see).
Sentence: The formal written decision in a particular case.
Signatura, also Apostolic Signature, also Supreme Tribunal of the Apostolic Signatura: It
is the Church’s supreme court. It has jurisdiction over the workings of the Church’s tribunals,
oversees their activities and obtains annual reports from them. It is the Roman dicastery which
can grant competence (which see) to a tribunal that otherwise lacks jurisdiction to try a
particular case. It will sometimes act as a court of second or third instance in a marriage, or
other, case committed to it by the pope. The Second Section of the Signatura also is a judicial
forum which tries cases involving administrative acts of Roman dicasteries in cases which are
outside the jurisdiction of the ordinary court system.
Simulation: It literally means a lie. Church law presumes that a person's outward actions or
words are an accurate reflection of the person's thinking and intentions. Where, in fact, this is
not the case, simulation is said to be present. This most often occurs in marriage cases where
one of the parties is alleged to have had an intention against children, permanence, or fidelity.
Solemn case: See Formal case.
Tempore non-suspecto: Literally means a “non-suspect time.” The term refers to information
obtained at a time when the one who imparts the information does not have anything to gain by
not telling the truth. It would refer, for example, to information given by one of the parties at a
time before there was any question of petitioning for a declaration of nullity. Information
obtained tempore non-suspecto is considered to have probative force.
Testimony: A statement given, either orally or in writing, by one of the principals to or by a
witness in a case about the facts under dispute in the case. See Deposition.
Tribunal: A church court established to render judgment in judicial matters pertaining to
ecclesiastical law. The ordinary church court system is competent in all matters except those
pertaining to administrative acts. At times however even some judicial matters are reserved to
tribunals of the Holy See.
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Vagus: The canonical term referring to one who has no fixed abode.
Valid: Effective. It refers to the situation in law of an action performed in accordance with the
law and recognized as producing the effects stipulated by law.
Validation: The process whereby a marriage which is invalid or null is rectified so as to be
recognized from thence on as a valid marriage. The ordinary method in church law for
producing this effect is for the parties to exchange consent in the presence of a duly delegated
priest and two witnesses. The renewal of the consent in this case is a new act of the will to
rectifying a marriage which the parties know to be invalid or null.
Vetitum: Literally means a prohibition and is sometimes referred to by that name. Canon 1077,
n. 1, of the code gives the local ordinary the power to order that a marriage be delayed for a
fixed period if there is a good cause and so long as the cause exists. The prohibition does not
have an invalidating effect. Therefore, if the marriage is entered in spite of the vetitum it enjoys
the presumption of Canon 1060, that is, it is presumed to be valid until the contrary is proved,
that it is illicit or unlawful. A tribunal also possesses the power to impose a vetitum as part of
the process of a marriage case, but under the same restrictions as those for a bishop in an
administrative matter.
Virtual intention: One that is not formed explicitly but is contained by implication in a
particular thought-process or action as controlling the thought or action.
Votum: Literally means “will” or “wish.” There are three common uses of this term.
1. It refers to the document which the bishop is required to submit to Rome with each
petition for a dissolution of a marriage in favor of the faith or on the basis of nonconsummation.
The norms for processing these cases indicate the areas the votum should
address, including a statement by the bishop as to his recommendations on the petition.
2. The term is also used to refer to the statement which the judge-instructor on such cases
submits in order to make his recommendations known.
3. The term also applies to the written opinion which each member of a collegiate tribunal
is required to bring to the discussion by the judges preliminary to their making a decision.
Synod of Bishops
American Catholic Church in the United States
Statement Concerning the Abuse of Minors
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The news media in recent weeks has brought to our attention numbers of times where children,
minors, have been sexually abused in the past by priests. It is important that we in the
American Catholic Church in the United States (ACCUS) address this issue and make clear the
position and policy of the ACCUS.
First though, we express our profound sorrow and our horror that any priest or religious in any
church would violate the innocence of children placed in their care. This is a travesty of faith
and trust that ought never to have happened or to have been allowed to continue in any way. As
shepherds and pastors our hearts go out to these children and to their families. We pray for their
wellbeing and for their healing and growth.
Law, rules, regulations or policy can never legislate the maximum good. As we interact as
social beings, well-formulated laws serve to identify basic values and to safe guard public
order. Society and the ACCUS value the personal rights and basic freedoms of children to be
unmolested and un-abused.
The American Catholic Church in the United States shall have, and does herewith state that it
does have, a Zero Tolerance for any of its clergy or religious who abuse minors in any way:
sexually, physically or emotionally. The Council of Bishops of the ACCUS has adopted this
policy and will enforce it throughout the jurisdiction of the ACCUS without exception.
The ACCUS encourages all its members to report to competent local authority(s) any suspected
instances where children are being abused: sexually, physically or emotionally.
The ACCUS formally charges its priests, deacons, bishops, religious and candidates for Orders
to report to competent local authority(s) any suspected instance where children are being
abused: sexually, physically or emotionally, in all instances where this knowledge is known to
them in a public way. Priests or Bishops who have knowledge of abuse known to them from
within a Sacramental forum, that is, known to them through the Sacrament of Penance, must
maintain the absolute private and sacred nature of the Seal of Confession. The Sacramental
Seal of Confession must be maintained inviolate; nothing heard or learned of within the
Sacrament may be repeated.
Any cleric (deacon, priest, and bishop), religious or candidate for Orders, who is accused by
competent civil authority of molesting a minor, in any way, will be immediately suspended
from ministry pending the review and resolution of these charges by competent civil
proceedings.
Any cleric, religious or candidate for Orders, who is found guilty by competent civil
proceedings of abusing a minor, will be permanently suspended from ministry and defrocked
by the ACCUS. No recommendation. to another church jurisdiction will be given without
including these facts.
No person known to the American Catholic Church in the United States to have been found
guilty by competent civil proceedings of molesting a minor will be accepted into the ACCUS
as a cleric or religious.
Most Rev. Lawrence J. Harms, D.O. Bishop, Diocese of the Holy Cross Presiding Archbishop
of the ACCUS
Most Rev. Michael B. Norton, D.O. Bishop, Diocese of Saint Luke
March 6, 2002
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