Note 552 — Chapter II · LIMITATION OF JURISDICTION OR RESERVED CASES

As to the disputed question whether one is included amongst the cogentes who denounces and prosecutes a cleric before the civil court, so that the judge, in consequence of this denunciation, is officially compelled to summon the accused cleric, and pronounce sentence upon him according to the provisions of existing law, we refer the reader to Heiner, who discusses this point. According to him, the sententia communior et fere communis teaches that such a one falls under the censure, while the negative opinion is not improbable. Moreover, a declaration of the S. C. Inq. 23 Jan., 1886, favors this latter opinion. Cf. Aertnys, l. c. Lib. VII. Tract. 1, n. 82; d’Annibale (Melata) Manuale Theol. Mor. p. 260.