On the quiddity, necessity, qualities, and divisions of human law

You will ask 1° what human law is.

I answer. Human law is rightly defined : « An ordination of human reason consonant with natural law, for the common good, promulgated by him who has the care of the community. » All the parts of this definition, except the second, are evident from the definition of law in general.

It is said therefore to be « consonant with natural law »¹, because every human law is derived from the natural law, not indeed as a necessary conclusion, or as having with the principles of natural law a necessary connection — otherwise it would belong to the natural law itself — but as conveniently and probably deduced from them, and as their determinant. ¹ Hic q. 95, a. 2, o.

You will ask 2° whether human laws are necessary.

I answer. That they are necessary²; not indeed simply and absolutely, but so that, the obstinacy, corruption and proneness of men to evil being taken into account, without human laws neither the multitude could have and preserve virtue, nor the commonwealth peace. ² Ibid., a. 1, o.

You will ask 3° of what sort human law ought to be.

I answer. In the words of Isidore, lib. V Etymol., c. 21ª : « The law shall be honest, just, possible according to nature, according to the custom of the country, suited to place and time, necessary, useful, manifest also, lest through obscurity it contain anything ambiguous, written for no private advantage, but for the common utility of citizens. » And this is received in canon law, dist. 4, c. 2.

You will ask 4° how human law is divided.

I answer. The common and received division of human law is into civil and ecclesiastical. Civil laws are for the most part contained in the body of civil law, ecclesiastical laws in the body of canon law. Concerning both certain things are here to be explained, especially for the benefit of beginners. Whence

You will ask 5° what is meant by the Corpus of canon law.

[I answer. With respect to periods of time, ecclesiastical law, which is called canonical, because it is constituted chiefly of canons or disciplinary rules, is divided into ancient law, new law and newest law.

I. — Ancient law flourished from the beginnings of the Church to the middle of the eleventh century. Its sources and monuments are:

The Canons of the Apostles. Protestants denied that ancient discipline was contained in these canons. Today indeed all learned men confess that they consist partly of rules which the Apostles handed down in words, partly of the customs of churches, partly of the decrees of councils celebrated in the earlier centuries in the East. Since certain things are found in these canons contrary to the tradition of the Church, the Latin Church received only the first fifty, without deciding anything whatever about their origin. But the Eastern Church received and venerated all eighty-five entire, as if issued by the Apostles themselves.

The Apostolic Constitutions. This collection was distributed into eight books. It is undeservedly attributed to St. Clement of Rome and even to the Apostles. Probably it was published in the fifth or fourth century. These constitutions are commended by St. Epiphanius; and indeed, since they are most ancient, they comprise many useful things. Afterwards however they were corrupted by heretics in many places, whence certain authority cannot be assigned to them.

Greek collections. 1° The Chalcedonian collection, so called because mention of it is made in the acts of the council of Chalcedon. It contained, observing the order of times, the canons of the general and particular councils of Nicaea, Ancyra, Neo-Caesarea, Gangra, Antioch, Laodicea and Constantinople I; to which were added, in the middle of the sixth century, the canons of the Apostles, of Sardica, Ephesus, Chalcedon, and the rules of St. Basil. — 2° The collection of John Scholasticus. John, a presbyter of Antioch, surnamed Scholasticus, arranged the preceding canons according to the order of subject-matters, and having been made bishop of Constantinople, added civil laws drawn especially from the code of Justinian. Since he was a favorer of Nestorianism, his collection is suspect. — The Council in Trullo, or Quinisext, so called because it was celebrated in the Trullo of the palace of Constantinople and wished to supply what seemed lacking in the disciplinary canons of the fifth and sixth ecumenical councils. Among these canons the Roman Church sanctioned only those which were not adverse to the laws of the preceding general councils and to approved morals. The rest therefore are destitute of all authority. — 4° The collection of Photius. In the ninth century Photius, author of the Greek schism, annotated the oriental collections, joining imperial laws to ecclesiastical canons, as John Scholasticus had done before; whence arose a new Nomocanon, which among the Greeks has always been held in highest honor and price, although justly suspect to Catholics. — 5° There may be added the collections of lesser moment of Simeon Logotheta, Alexius Aristenus, Arsenius, Harmenopulus and others, of which to speak singly would be long and unnecessary. All these monuments of ecclesiastical law among the Orientals were lately collected at the command of Pius IX by Em. cardinal Pitra.

Latin collections. — 1° At first no canons were acknowledged but those of Nicaea, under which name those of Sardica also were comprehended, because the synod of Sardica was regarded as an appendix of that of Nicaea. — 2° The Isidorian collection was transcribed by Isidore from an ancient Spanish collection. It contains the canons of Nicaea, Ancyra, Neo-Caesarea, Gangra, Sardica, Antioch, Laodicea, Constantinople and Chalcedon. —

3° The ancient version of the Greek canons appears somewhat less ancient, and comprises the canons of Ancyra, Neo-Caesarea, Nicaea, Sardica, Gangra, Antioch, Chalcedon, Constantinople. —

4° At the beginning of the sixth century Denis the monk, surnamed Exiguus on account of his small stature or humility, by nation a Scythian, Roman in manners and dwelling, illustrious for doctrine and integrity of life, published the most famous collection called Dionysian from the name of its author. It is divided into two parts, one of which contains the canons of councils, the other the letters of the supreme Pontiffs. Adrian I pope handed over this collection enriched with certain additions to Charlemagne, and thence it was called Hadriana. Indeed Adrian himself did not add these increments, but since he was seen to have approved the whole work, he conciliated to it great authority; whence collections compacted out of councils were called Conciliatae. In the same collections particular enactments were joined to the canons of councils and the decretals of Roman Pontiffs. Noted especially among the Africans are the Codex Africanus, the Breviatio canonum of Ferrandus, deacon of Carthage, of the year 547; the Canonum concordia of Cresconius bishop, of the year 697. Among the Spaniards, the Capitula of Martin, bishop of Braga, 572; the Collection of St. Isidore of Seville, 636. Among the Gauls, the Codex canonum; the Capitularies, which, enacted in the general assemblies of bishops and nobles, pertained to both regimes; the Panormia of Yves of Chartres, 1117. Among the Germans, the Collection of Regino, 906; the volume of Decretals of Burchard, 1025. Among these books must be reckoned the ritual books and formularies, in which many disciplinary rules are found.

Here, for memory's sake only, must be noted the False Decretals of Isidore Mercator or Peccator, published in the ninth century, the greater part of which was devised and fabricated by the author himself. Whence, although many things in this collection are true and genuine, the name of False Decretals was deservedly fastened upon this work.

He who desires more concerning the foregoing sources of ancient law should consult the canonists.

II. — The collections enumerated above were never reduced into one body, neither among the Orientals nor in the Latin Church. But when about the middle of the eleventh century ecclesiastical learning, and especially the study of law, began to be held in greater honor, it seemed necessary to reduce these diverse matters into an ordered form, and thence came forth the collections of which the Corpus of canon law such as is now taught in schools is composed.

New canon law consists of six parts, which are: the Decree of Gratian, the Decretals, the Sext of the Decretals, the Clementines, the Extravagantes of John XXII and the Extravagantes communes.

1° The Decree was compiled about the year 1150 by Gratian, a monk of the order of St. Benedict, from the sentences of Sacred Scripture, the decrees and responses of councils and supreme Pontiffs, the laws of emperors, the sayings of the holy Fathers and ecclesiastical writers, and Gratian's own commentaries. Many passages are inscribed Palea, concerning which denomination the likelier truth is the opinion of those who hold that Palea is the name of an author by whom canons outstanding in utility and authority were added, which, first placed in the margin, afterwards crept into the context of the book.

The Decree is divided into three parts. The first treats of ecclesiastical persons, and has one hundred and one distinctions, which themselves are divided into chapters or canons. Texts taken from this part are cited thus: c. Placuit, dist. 16; or more briefly: can. or cap. 4, dist. 16.

The second part contains thirty-six causes, in which is treated the matter and form of judgments. But the third cause thirty-three has seven distinctions on Penance. And since causes are divided into questions and questions into chapters or canons, they are cited in the following manner: c. Ecclesiarum 12, q. 2, that is, can. or cap. 69, cause 12, of question 2. But the Treatise on Penance is cited: can. or cap. 19 Charitas, dist. 2 on Penance.

The third part treats of sacred things under the general title De Consecratione. It has five distinctions, and texts are cited: c. Jejunium, dist. 5 de Consecrat., or can. or cap. 25, dist. 5 de Consecrat.

The distribution of matters adopted by Gratian was thereafter preserved in treatises of canon law.

2° The Decretals were compiled at the command of Gregory IX by St. Raymond of Pennafort. They are divided into five books, of which the first treats of judges or prelates of the Church, the second of civil judgments, the third of the affairs of clerics, the fourth of the sacrament of matrimony, the fifth of criminal judgments. All which are contained in this verse:

Judge, judgment, cleric, espousals, crime.

The Decretals are cited thus: cap. 12 de arbitris, or cap. Innotuit, de arbitris. Formerly extra was added, thus: cap. 12 extra, de arbitris; extra, that is outside the body of the Decree.

3° The Sext of the Decretals, so named because this book follows the five books of decretals. In the year 1298, using the labors of William, archbishop of Embrun, Berengar, bishop of Beziers, and Richard of Siena, who afterwards were made cardinals, Boniface VIII collected the canons of the two general councils of Lyons and the decretals of Roman Pontiffs which had been published after the issue of the collection of Gregory IX. From these and from his own constitutions he composed the Sext, which is divided into five books, like the Decretals, preserving the same order of matters and titles. It is cited in the same manner, with the addition, in 6°, v. g.: cap. Nemo, or cap. 11, de electione, in 6°.

4° The Clementines, so called because Clement V ordered the collection of very many constitutions promulgated by him in the council of Vienne, over which he presided in the year 1311. But since, overtaken by death, he could not perfect this work, these constitutions were published by John XXII in the year 1317. They are cited in this manner: Clement., Cum secundum, de poenitentiis; or: cap. Cum secundum, or cap. 1 de ponit. Clement.

5° The Extravagantes of John XXII. Under this title are comprehended twenty decretals which John XXII had issued in the earlier years of his pontificate, and which wandered scattered outside the collections of which the body of the law then consisted. They are cited thus: cap. 1, or cap. Ad onus, de electione, in Extrav. Joann. XXII; or more briefly: Extrav. Ad onus, de electione.

6° The Extravagantes communes are decretals issued from Urban IV down to Sixtus IV which remained outside the body of the law. This collection, while Sixtus IV governed the Church, was perfected by private industry. It is divided into five books, like the Gregoriana. It is cited: Extrav. Injunctae, de electione, cap. 3; or: cap. Sancta, int. comm., that is, inter communes.

In each of the books there are glosses, that is commentaries, which were written by the labor of many, and have no greater authority than the opinion of a private doctor can have in explaining laws¹. ¹ The glossators are Accursius, Bernardus, Tancredus, Joannes, Andreas, to whom are added the interpreters Sinibaldus, who afterwards was Innocentius IV, Hostiensis, Speculator, or Guillelmus Durandus, Pannormitanus, etc.

The whole body of canon law was published at Rome under Pope Gregory XIII, diligently corrected, and later copies were made according to this typical edition.

The same Gregory XIII gave encouragement to collecting the constitutions of the supreme Pontiffs which had come to light after Sixtus IV, and he committed this business to learned men, who were to issue a Seventh of the Decretals. But, this Pope dying before the work was yet finished, Sixtus V took care that it should be completed; and he too being taken from human affairs, Clement VIII, who as cardinal had bestowed labor and study upon this matter, ordered that collection to be committed to press. Difficulties arising, especially concerning the prohibition of publishing private commentaries upon the Tridentine decrees inserted in this book, that work, elaborated with so much labor, was suppressed², of which copies, now most rare, can scarcely be found at great price. About the same times, namely in the year 1590, Peter Matthaeus, jurist of Lyons, published by his own and private labor a Seventh of the Decretals, into which many faults crept and several things also are wanting. This codex lacks all public authority. ² Fagnanus, in cap. Cum venissent, de judic., n. 61, totam rem diligenter narrat.

III. — Newest law properly coalesces from apostolic constitutions and decisions of any kind whatsoever which after Sixtus IV have proceeded from pontifical authority, either immediately or mediately. However, in the collections made thence are included many earlier constitutions which, since they did not obtain a place in the book of Extravagantes, remained wandering outside the body of the law. The newest collections are the following.

1° Bullaria. While Sixtus V reigned, Laertius Cherubinus, a Roman, first collected into one volume, which he called Bullarium, the constitutions of Pontiffs wandering outside the body of the law, beginning from St. Leo the Great. He afterwards enlarged his book with the constitutions of Paul V, and was preparing a third edition in which later constitutions should be contained, when, overtaken by death, he could not perfect the work begun. His son Angelus Maria Cherubinus completed the paternal work, adding to it many constitutions published down to Innocent X. He called this new work, consisting of four volumes and edited in the year 1638, Bullarium Magnum. A fifth volume afterwards followed, in which Angelus a Lantusca and Paulus a Roma included other constitutions down to Clement X. But largest of all is the Bullarium Magnum edited by Hieronymus Mainardi at Rome and distributed into fourteen volumes. It contains the constitutions of the supreme Pontiffs from Leo the Great to Clement XII.

There appeared, at the command of Benedict XIV, his own constitutions comprised in four volumes. Published at Rome, in the year 1835, is a continuation of the great Bullarium, consisting of the constitutions of Clement XIII, Clement XIV, Pius VI, Pius VII, Leo XII, Pius VIII and Gregory XVI.

These Bullaria, unless perchance you except the Bullarium of Benedict XIV, are private works, and the constitutions contained in them have force only of themselves.

2° Collections of councils. Some are general, others particular. To collect the canons of all councils the studies of many learned men have been devoted, among whom, in the sixteenth century, Merlin, Crabbe, Surius; in the seventeenth, Baluze, Labbe and Cossart; in the eighteenth, Coleti and Mansi again edited the Labbean collection, enriching it with many additions.

Collections of this kind, as such, are destitute of public authority; but the documents of which they consist retain all their intrinsic value, inasmuch as they are authentic.

3° The Rules of the Chancery take their origin from John XXII, who first ordered these laws to be committed to writing, that the Apostolic Chancery might be governed by them. By his successors, especially by Nicholas V, new rules were added, so that seventy-two are numbered today, upon which John Baptist Rigantius wrote most accurate commentaries, besides others. These rules, that they may stand, must be confirmed by each Pontiff after his creation. They were derogated from by particular conventions which are called concordats.

4° The council of Trent, which is the most abundant source of newest law. No general council weighed so many questions and shelled them so skillfully. It had twenty-five sessions, of which almost each consists of two parts. The first part contains one hundred and thirty doctrinal canons, by which the heresies of Protestants are condemned and the dogmas of faith confirmed. The other part, inscribed on Reformation, comprises many decrees pertaining to ecclesiastical discipline and rules of morals.

5° Finally there pertain also to canon law the declarations of the sacred Roman Congregations. These Congregations are bodies of Cardinals to whom certain affairs have been committed by the supreme Pontiff, to be known and defined. Eight are numbered, of which the three former were instituted for defending and propagating the faith, and the rest keep watch over morals, discipline and divine worship.

First is the Congregation of the Inquisition, which holds first place, on account of the preeminence of its object. Paul III instituted it, and afterwards Pius IV, Pius V and finally Sixtus V determined its attributions by many sanctions. It takes cognizance of heresy, of suspicion of heresy and of other crimes of irreligion.

Second is the Congregation of the Index, which Sixtus V instituted in aid of the Inquisition, to examine and proscribe books contrary to sound doctrine or Christian morals.

Third is the Congregation de Propaganda fide, which Gregory XV instituted in the year 1621 to conserve and propagate the Catholic faith in regions destitute of episcopal sees. Whence vicars and prefects apostolic and superiors of missions of the whole globe are directly and immediately subject to its authority and administration.

Fourth is the Congregation of the Council, instituted by St. Pius V to watch over the observance of the decrees of the council of Trent which pertain to discipline. By that title it reviews and, insofar as need be, reforms the decrees of provincial councils, which ought not to be promulgated before this revision. Sixtus V granted it moreover the power of interpreting the aforesaid Tridentine decrees.

Fifth is the Congregation of Bishops and Regulars, which resolves questions and settles doubts concerning the rights, jurisdiction, precedences and native exemptions of prelates. It also takes up the causes of regulars of both sexes, to be known and settled according to the rules of law.

Sixth is the Congregation of Immunity, instituted by Urban VIII in the year 1624 to provide that no prejudice be inflicted upon the immunities of the Church. To it alone belong affairs, processes, judgments devolved by appeal, which pertain to local immunity. It takes cognizance also, but cumulatively with other congregations, of real and personal immunity.

Seventh is the Congregation of sacred Rites. Sixtus V instituted it « that the ancient sacred rites be everywhere diligently observed, in all churches of the City and of the world; that ceremonies, should they have fallen into disuse, be restored; should they have been depraved, be reformed. » Consequently it watches over the edition of liturgical books and, if need be, over their emendation. To it are committed also all causes which concern the beatification and canonization of saints.

Eighth is the Congregation of Indulgences and Relics, established by Clement IX in the year 1669. It has the mandate « of dispatching all doubt and difficulty emerging concerning relics of saints or indulgences, of correcting and amending abuses which have crept in, of forbidding false, apocryphal and indiscreet indulgences to be put to print, and of reviewing and examining those printed. »

Thus far has been treated the sources and monuments of public law in the Church. Particular law, whether of nations or of episcopal churches, is determined and governed by the constitutions of Roman Pontiffs, by concordats or conventions entered into by the Holy See with civil governments, by the decrees of provincial councils and by statutes enacted either in synod or privately and promulgated by bishops, to whom legislative power belongs within their dioceses, provided they exercise it within the limits of public law.]

You will ask 6° what the Corpus of civil law is.

The Corpus of civil law consists of the Digest, the Code, the Institutes and the Novels or Authentics.

The Digest, called by another name Pandects, as if one should say I take the whole, because they comprise in fifty books the whole science of law.

The Code is called of Recited Reading (Repetitae lectionis), because Justinian, after the first edition, undertook a second more careful one. It consists of twelve books distributed into various titles.

The Institutes contain the elements of law for the benefit of beginners. They consist of four books.

The Novels or Authentics are constitutions of Justinian emperor himself and of certain other emperors.

[From the above-named books coalesces ancient civil law, which, arisen from Roman law, flourished for many centuries in most European regions. New law is contained both in various codes proper to each nation and in collections of laws wandering outside the codes.]

You will ask 7º whether all things contained in the Corpus of canon law have force of laws.

I answer. 1° That the Decree of Gratian has no other authority than that of the sources and origins from which it was drawn.

The reason is, because no Pontiff ever approved it; Gratian, its author, possessed no jurisdiction. Moreover he gathered together many things without selection and worthy of correction; certain things he cites from suspect authors; certain things he attributes to holy Fathers which belong to heretics, as Bellarmine proves, de Script. eccles., on Gratian; the decrees of supreme Pontiffs and councils he often produces not from the sources but from other compilers, and not rarely mixed with his own words.

And although Gregory XIII took care for its correction, he did not however approve it, but only ordered the corrections to be kept, without anything being added to them or taken away, as is evident from his constitution printed at the head of the Decree¹, and especially because after its correction there are still found things to be corrected. On this matter John Laurence Berti, an Augustinian Hermit, a most recent and elegant writer, reports a decision of the sacred Rota² which says the same. ¹ Already before, Pius IV and St. Pius V had committed the correction of the Decree to selected men. Gregory XIII ordered this work completed, and approved the new edition, corrected in many things, by the bull Cum pro munere given July 1 of the year 1580 and prefixed to the Decree. ² The Rota is the tribunal of the Roman Pontiff instituted for defining litigated causes both ecclesiastical and civil. As the Consistory is held for dispatching greater affairs, so the Audience, erected from ancient times, which is called the Rota, was instituted that minor causes referred to the Holy See might be judged and concluded, and that the faithful from everywhere might have recourse to this tribunal. But after so many congregations had been constituted as was said above, the number of causes pertaining to this tribunal was gradually lessened.

Therefore those things which Gratian legitimately cites from supreme Pontiffs and councils possess the authority which they have in themselves. Likewise those which he cites truly from national or provincial councils avail for those nations or provinces for which they were sanctioned, even if confirmed by supreme Pontiffs; because confirmation indeed adds strength to a decree, but does not extend it further, as jurists note. The same must be said, proportion being preserved, of other things which he brings forward either from holy Fathers or from doctors and others.

As to the other parts of canon law, since they contain only letters, rescripts and constitutions of supreme Pontiffs, they have force of law according as they are commonly received, unless they have been revoked, or abrogated by contrary custom proved. Understand this of constitutions concerning discipline, not concerning faith; for these are unchangeable.

But whether rescripts of Pontiffs given to one Church avail and can be alleged for others? I answer. Regularly, affirmatively, especially when a decretal letter inserted into the body of law has merited public authority. And so it is observed in regard to the civil rescripts of Emperors, as appears from l. I, fi de Constitutionibus principum. Except however, says Layman after Isidore and Gratian, if the response of Pope or Emperor has proceeded from a special cause, person, place and time. For then it cannot be transferred to other causes: and therefore I said, « regularly speaking. »

[You will ask 7º what authority the decisions of Roman Congregations have.

I answer. 1º. Since these Congregations were constituted by the supreme Pontiff himself, that in his name they may treat and settle the affairs committed to them, they exercise pontifical authority, and their resolutions are decisive and do not lie under appeal.

I answer. 2°. The decisions of the Congregation of the Inquisition are of two sorts: 1° It issues doctrinal sentences on doubts proposed to it: thus, in recent times it issued many decisions concerning usury and magnetism. Nevertheless, when grave controversies arise and new questions are agitated, supreme Pontiffs are wont to constitute a special congregation, to prepare the definitive decision. 2° It issues judicial sentences by which suspects of crime against faith are condemned or absolved; which penalties, at least now, are merely spiritual. In either case the sentences, as it seems, have binding force of themselves and plenary right, without appeal, because this tribunal is supreme in its kind.

I answer. 3°. The prohibitions decreed by the Congregation of the Index all bind. For 1º by natural law all are bound to guard against whatsoever brings faith into danger and is perilous to morals. But in the Index of prohibited books none but works whose reading brings faith into danger or becomes perilous to morals were inscribed, and they were inscribed by delegation of the supreme authority, to which is divinely committed the care of defending the faith and protecting morals. Therefore. 2º Positive law imposes the same obligation on all. Indeed Pius IV had committed to the Tridentine Fathers the task of forming the Index of prohibited books. Since this Index could not be examined by the council, the same Pontiff, employing many most learned prelates, perfected it, and commanded that it be observed by all faithful, and decreed that, if anyone read a condemned book, he should fall by that very fact into excommunication, and proceedings be taken against him as suspect of heresy. But since the Congregation of the Inquisition was already unequal to the examining of books, St. Pius V instituted a special congregation, which was named of the Index and ought to occupy itself solely with purging the Church of wicked books. It was confirmed by Sixtus V and Clement VIII, who in the year 1594 ordered the Index published throughout the whole world. After Benedict XIV, by the constitution Sollicita ac provida given July 9, 1753, had established the rules to be observed in examining and prohibiting books, by the subsequent constitution Quae ad catholicae, given December 23, 1757, which was prefixed to the Index, he again promulgated the Index in these words: « Wherefore we will the aforesaid Index praised, according to our mind, revised and recognized by the same cardinals, to be edited at the press of our Apostolic Chamber; and having it by these present letters of ours as expressly inserted, we approve and confirm it by apostolic authority, by tenor of these presents, and we command and enjoin that it be observed inviolably and without disturbance by all and singular persons existing in whatever places, under the penalties set down both in the Rules of the Index and otherwise established and expressed in apostolic letters and constitutions, which we confirm and renew by tenor of the same presents. Notwithstanding... customs even immemorial, and all else to the contrary whatsoever. » The Rules of the Index conclude thus, reg. X:

« All faithful are commanded that no one presume to read or keep any books against the prescription of these rules or the prohibition of this Index. But if anyone shall have read or kept books of heretics or of any author condemned and prohibited for heresy or suspicion of false doctrine, let him straightway incur the sentence of excommunication. But he who shall have read or kept books interdicted under another name, beyond the guilt of mortal sin wherewith he is afflicted, let him be severely punished by judgment of bishops. » Leo XII, commanding all bishops, by the mandate of March 26, 1825, to watch lest the faithful be perverted by harmful and deadly books, exhibits to them the general decrees of Clement VIII, Alexander VII and Benedict XIV as remaining in their force. — Some theologians object, especially the French, that the Index was not received everywhere; and Billuart himself says in his fuller Summa, treatise on Faith, dissert. V, art. 3, § 5: « Authors observe that this Index is not accepted in its entire rigor as to all things. » It must be answered first, that the Index, from the tenor of the pontifical constitutions, and notably from the constitution Quae ad catholicae related above, was to be received and observed everywhere, with no account taken of any custom, even though immemorial; then, that many synods, immediately after the publication of the Index and in following times, promulgated its rules as strictly obligatory, which likewise in these later years have done several provincial synods of France, among them those of Avignon, Albi, Toulouse, Reims, etc. Whence by right we conclude that all are strictly bound by these laws, unless for just causes anyone obtain dispensation from the Holy See¹. ¹ Most usefully will be read the dissertation of St. Liguori De justa prohibitione et abolitione librorum nocuae lectionis, at the end of his Theologia moralis.

I answer. 4°. Since the Congregation de Propaganda fide has true jurisdiction in territories destitute of episcopal sees, its decisions have force of law in those places.

I answer. 5°. It is certain that the decrees of the Congregation of the Council approved by the supreme Pontiff and promulgated at Rome have force of law, as the other pontifical laws have. But what must be thought of declarations given to a case proposed? More commonly it is held that they avail as authentic interpretations, and that these interpretations have the same force as if they had been given by the Pontiff himself. It matters not that these resolutions are not promulgated in the same manner as new laws, for promulgation made to society is not required when a bare interpretation is given which introduces no new law, but declares the genuine sense of existing laws. Legitimate customs nevertheless are saved, which are not abolished by these decisions.

I answer. 6°. The Congregation of Bishops and Regulars does not make laws, but issues merely administrative sentences according to existing law. Whence these sentences avail only decisively for the case proposed, although they may be invoked for establishing jurisprudence in similar cases.

I answer. 7°. To the Congregation of Immunity belong affairs, processes, judgments referred by appeal concerning local immunity. Its sentences pass into res judicata, and from these no appeal is given.

I answer. 8°. That the value of the decisions of the Congregation of Rites may be known, it will suffice to relate the following resolution of the same : « On March 23, 1846, the Master General of the Friars Preachers set forth : whether the decrees emanating from the sacred Congregation and responses of any kind formally edited in writing by it upon doubts proposed have the same authority as if they emanated immediately from the holy Pontiff, although no report of them was made to His Holiness. — The S. R. C. judged that the reply should be affirmative. — And having touched upon all the foregoing by faithful report through the secretary, His Holiness our Lord Pius IX, supreme Pontiff, approved and confirmed the rescripts of the sacred Congregation in all and singular... on July 17, 1846. Authentic Decrees, n. 5051. But since from the words « formally edited in writing » a doubt arose, the Congregation of Rites resolved it, answering the following questions, on April 8, 1854 : « 1° Since in the declaration of the S. R. C. given May 23, 1846 it was sanctioned that decrees and responses emanating from it, provided they were formally edited in writing, have the same authority as if they emanated immediately from the supreme Pontiff himself, it is asked : whether by the words « provided they were formally edited in writing » it suffices that they be subscribed by the Prefect and Secretary of the S. R. C., and furnished with its seal; or rather is required that they be promulgated either at Rome or by bishops in their dioceses? 2° And inasmuch as affirmative to the first part, negative to the second : are the decrees and responses inserted in the Gardelliana authentic collection to be held as formally edited? — And the same sacred Congregation judged the answers to be : Ad 1um, affirmative to the first part, negative to the second. Ad 2m, affirmative, as is evident from the appended declaration. » But whether customs pertaining to the liturgy can be kept notwithstanding decrees of this kind? It was answered on August 3, 1839 : « Whatever inveterate custom cannot derogate from the law prescribed by the decrees of the sacred Congregation. » Likewise to the doubt : « Whether the decrees of the S. R. C., while they are issued, derogate from any contrary invected custom, even immemorial, and in the affirmative case bind even as regards conscience? The sacred Congregation answered : Affirmative, but recourse must be had in the particular. » September 11, 1847. The Gardelliana collection, of which above, so called from Gardellini, its chief editor, who was Consultor of this Congregation, was published under this title : Decreta authentica Congregationis sacrorum Rituum. It relates in chronological order the decrees given from the year 1602, and has already been enlarged by several supplements. This collection is authentic, as the declarations inserted at the front of the first volume by cardinal de Somaglia, Prefect of the Congregation, testify. Since not all decrees were related in it, what must be thought of omitted decrees is evident from the following decision given by this Congregation on September 17, 1822 : « Since doubts often arise concerning the authenticity of some decrees which, although found inscribed in the public registers of the S. R. C., were nevertheless omitted in the collection edited at press, such decrees can be added to that same collection at the desire of petitioners. » N. 4590.

I answer. 9°. The decisions of the Congregation of Indulgences and Relics have the same force as the decrees of the Congregation of Rites, because equal power was committed to it in its province by the supreme Pontiffs. These decisions were published by Aloysius Prinzivalli under this title : Resolutiones seu decreta authentica sacrae Congregationis Indulgentiis sacrisque Reliquiis praepositae, from the year 1668 to the year 1861. This collection was declared authentic by the secretary of the same Congregation. Whence other decisions which circulate and are cited by diverse authors are of no force, unless given after the year 1861 and recognized by the Congregation itself as authentic. The same must be said of concessions and summaries of indulgences. This is deduced from the summary of decrees prefixed to the Index of prohibited books, where, § III, n. 12, among writings prohibited pleno jure and without express mention are declared : « All books of indulgences, diaries, summaries, booklets, leaves, etc., in which their concessions are contained, are not to be published without license of the sacred Congregation of Indulgences. »

It must be noted that the jurisdiction of the Congregations, since it is ordinary and granted in perpetuity, neither expires nor is suspended during the vacancy of the Apostolic See. Wherefore, a new Pontiff created, their faculties are not renewed, but all proceeds in the same order as before, no new concession being made.]

You will ask 8º what authority civil law has.

I answer. As to civil law, to have authority among those nations and provinces which adopted it, and are not governed by contrary customs. Among those too which are governed by contrary usages, where usage fails, common law is alleged.