The Catholic World, Vol. 10, October, 1869 to March, 1870Various
Religion
The Catholic World, Vol. 10, October, 1869 to March, 1870
Various
Catholic Church -- Periodicals
The decisions rendered by these different congregations, and
preserved in their archives from the very day of their institution to
the present, form the most magnificent body of jurisprudence which
has ever existed. One canonist of eminence reckons that upward of
sixty thousand decisions have been delivered by the Congregation of
the Council alone; a living, practical commentary on the Council of
Trent. The Congregation of Bishops and Regulars publishes nearly
three volumes of decrees every year, and the volumes which contain
its judgments are over eight hundred in number. When we remember that
nearly all these decisions are upon questions of law, disengaged from
mere accessories of fact, we are amazed at the treasures of science,
erudition, and reasoning which are thus accumulating from age to age
in these archives, and forming an inexhaustible reservoir, in which
tradition stores itself and whence justice and truth flow out upon
the world.
FOOTNOTES:
[35] We take pleasure in laying before our readers, at this time,
the accompanying translation from a recent number of one of the
leading magazines of France. The eyes of the people of this country,
and especially of our great cities, are being slowly opened to
the necessity of some reform in the methods of judicial business.
The delay and expense of legal proceedings--above all, the great
uncertainty of their result, is becoming daily a matter of more and
more serious consideration. In casting about the world for light upon
this vexed and intricate subject, the mind of the reformer cannot
fail to be guided to the mother and mistress of all nations, in whose
bosom is garnered the experience of twenty-five centuries, and whose
institutions are the development of that wisdom and sagacity which
made pagan Rome the queen of the world, and has given to Christian
Rome a sceptre whose sway is mightier and more extensive than that of
the sword.
We feel confident, therefore, that in presenting this article on
_The Roman Congregations_ to the American public, and particularly
to the legal profession, we are directing attention to what must, in
a greater or less degree, be the model of all permanent and reliable
civil tribunals. As applicable to the exigencies which press us most
severely at the moment, we call attention to the following features
of these congregations as worthy of particular investigation:
1. The life-tenure of judges and other officials, with the permanent
provision made for their support in case of disability.
2. The reduction of all pleadings to a simple, definite issue,
expressing in untechnical language the precise points of law or fact
which are in controversy.
3. The reduction of all testimony to the form of depositions, thereby
securing the sworn evidence without the mistakes and prejudices
almost inseparable from the oral examination of witnesses in court.
Public-domain text, read in full here on John Shaqi.
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