[1] As a rule, however, an ecclesiastical court forms a collegiate tribunal, the members of which either join with the presiding officer in giving the decision as judges (judices) or merely advise with him as councillors (auditores, assessores, consultores, consiliarii).
[2] Connected with the courts are advocates, procurators, syndics, defenders, promoters, conservators, apparitors, messengers etc.
The procurators and advocates conduct the case as the representatives or defenders of the parties to the suit;[3] the syndic is the counsel of a juridical person, a collegiate body or a chapter.
[4] The chief duty of the conservators is to represent the rights of the personae miserabiles, i.e. members of orders, the poor, widows, orphans.
As the jurisdiction of a judge is generally limited to a defined locality, the forum commune is fixed by the domicile or quasi-domicile of the accused.
Quasi-domicile is determined by actual residence at the place and the intention to remain there at least the greater part of the year; there is also a domicile by operation of law, legal or fictitious domicile (domicilium legale sive fictitium)—thus a wife may be subject to the jurisdiction of the domicile of the husband, children to that of the parents, religious to that of the place where the monastery is situated, persons having no fixed abode to that of the present place of residence.
Since the Middle Ages the pope is the judge of first instance in all more important episcopal causes (causae maiores, graviores, difficiliores, arduae), the number and extent of which are in no way exactly definable, but to which above all belong the causae criminales graviores contra episcopos—more serious criminal charges against bishops[30] Conformably to this the diocesan bishop or his representative (the vicar-general, or officialis, or some other diocesan authority) became the judge of the court of first instance, so far as common law has not withdrawn from him this jurisdiction.
[36] This custom had some advantages on account of the better legal education and greater impartiality of the members of the papal court, but the administration of justice was delayed and made more costly by the rule enforced in the papal courts that the parties must appear in person.
[39] In the late Middle Ages rulers of countries were frequently granted for their domains the papal privilegia de non evocando (exemption from summons); in some cases, they forbade the appeal to a foreign court.
As on account of the remoteness of the place where the dispute arose and the consequent lack of knowledge of local persons, unsuitable judges have been at times appointed at the place where the dispute arose, the bishops are each to select, on occasion of the provincial—or diocesan synod, at least four men (judices synodales) having the qualities designated by Boniface VIII,[43] and present their names to the Apostolic See, which in its selection of judges is to be so limited to the persons thus named that the delegation of any other person is invalid; as provincial and diocesan synods are no longer regularly held, bishops are permitted to make this selection with the advice of the diocesan chapter;[44] consequently, judges so appointed are called judices prosynodales.
At present, this also is no longer customary: on the contrary, the Apostolic See appoints its representatives in partibus entirely independently, but it is so arranged that the delegation is bestowed on neighbor bishops and archbishops for a definite term of years.