Article I. On the Sacred Congregations

Over each Congregation there presides a Cardinal Prefect, or, if the Roman Pontiff himself presides over them, a Cardinal Secretary directs them; to these are joined the Cardinals whom the Pontiff shall have judged should be assigned to them, together with other necessary ministers (Can. 246).

§ 1. The Congregation of the Holy Office, over which the Supreme Pontiff himself presides, protects the doctrine of faith and morals.

§ 2. It judges concerning those delicts which are reserved to itself according to its own proper law, with the power of seeing these criminal causes not only in the grade of appeal from the Tribunal of the local Ordinary, but also in first instance, if they have been brought directly to it.

§ 3. It alone takes cognizance of those matters which, whether directly or indirectly, in law or in fact, concern the privilege, as they say, Pauline, and the matrimonial impediments of disparity of cult and mixed religion; and likewise the faculty of dispensing in these impediments pertains to it. Wherefore any question whatsoever of this sort is to be referred to this Congregation, which nevertheless can, if it so judges and the case bears it, remit the question to another Congregation or to the Tribunal of the Sacred Roman Rota.¹

§ 4. To the same Congregation pertains not only to examine diligently books brought before it, to prohibit them if need be, and to grant dispensations; but also to inquire ex officio, by whatever way will be more opportune, what writings of any kind should be condemned when they are published among the people, and to bring back to the memory of Ordinaries how religiously they are bound to take notice of pernicious writings and to denounce them to the Holy See, according to the norm of can. 1397.

§ 5. It alone is competent concerning all those things which regard the eucharistic fast for priests celebrating Mass (Can. 247).

§ 1. The Prefect of the Consistorial Congregation is the Roman Pontiff himself. Besides others, there belong to it ex officio the Cardinal Secretary of the Holy Office, the Prefect of the Congregation of Seminaries and Universities of Studies, and the Secretary of State. Among its Consultors there are always the Assessor of the Holy Office, the Secretary of the Congregation for Extraordinary Ecclesiastical Affairs, and the Secretary of the Congregation of Seminaries and Universities of Studies.

§ 2. To this congregation it pertains not only to prepare the matters to be treated in Consistories, but besides, in places not subject to the Congregation of the Propagation of the Faith, to constitute new dioceses and provinces and chapters, both cathedral and collegiate; to divide dioceses already constituted; to propose Bishops, Apostolic Administrators, Coadjutors, and Auxiliaries of Bishops to be constituted; to order canonical inquiries or processes concerning those to be promoted, and diligently to weigh the acts and scrutinize their doctrine, saving the prescript of can. 255.

§ 3. On this Congregation depend all those things which pertain to the constitution, conservation, and state of dioceses. Wherefore it watches over the fulfilled or less fulfilled obligations by which Ordinaries are held; it takes cognizance of those things which are related in writing by Bishops concerning the state of their dioceses; it orders apostolic visitations and examines those already finished, transmitting in each case to the individual Congregations, for deliberation, the affairs which pertain particularly to them (Can. 248).

§ 1. To the Congregation set over the discipline of the Sacraments has been entrusted the entire legislation concerning the discipline of the seven Sacraments, saving the right of the Congregation of the Holy Office concerning those things which are stated in can. 247, and of the Congregation of Sacred Rites concerning the rites and ceremonies which ought to be observed in confecting, administering, and receiving the Sacraments.

§ 2. Therefore to it pertain all those things which are customarily decreed and granted both in the discipline of marriage and in the discipline of the other Sacraments, and also in the celebration of the Eucharistic Sacrifice, excepting only those things which have been reserved to other Congregations.

§ 3. It also and exclusively takes cognizance of the fact of non-consummation of marriage and of the existence of causes for granting dispensation, and also of all those things which are connected with these. Nevertheless it can remit cognizance of all these matters, if it has judged it expedient and the case bears it, to the Sacred Roman Rota. Likewise, questions concerning the validity of marriage can be brought to it, which nevertheless, if they require a more accurate discussion or investigation, it remits to the competent tribunal. In the same way to it pertains to see concerning obligations annexed to major orders, and to examine questions concerning the validity of sacred ordination, or to remit them to the competent tribunal. And so on concerning the other Sacraments (Can. 249).

§ 1. To the Congregation of the Council that part of affairs is committed which is referred to the universal discipline of the secular clergy and of the Christian people.

§ 2. Wherefore it is for it to take care that the precepts of Christian life be observed; with the faculty of opportunely dispensing the faithful from the same; to moderate those things which regard pastors and canons; or which touch pious sodalities, pious unions, even if they depend on religious or are erected in their churches or houses, pious legacies, pious works, Mass offerings, benefices or offices, ecclesiastical goods, movable and immovable, diocesan taxes, episcopal curial taxes, and other things of this sort. To it is reserved also the faculty of exempting from the conditions required for the obtaining of benefices, as often as the collation of them pertains to Ordinaries; of admitting to composition those who occupy ecclesiastical goods, even belonging to religious; of permitting the faithful to acquire ecclesiastical goods usurped by civil power.

§ 3. It also sees concerning all those things which pertain to ecclesiastical immunity, and likewise concerning controversies about precedence, saving the right of the Congregation concerning religious members and of the Ceremonial Congregation.

§ 4. To it pertain all those things which are referred to the celebration and recognition of Councils and to assemblies or conferences of Bishops, outside places which are subject to the Congregation of the Propagation of the Faith.

§ 5. But this Congregation is competent in all controversies touching affairs committed to it which it has judged must be handled in a disciplinary line; the rest are to be referred to the competent tribunal (Can. 250).

§ 1. The Congregation set over the affairs of religious societies claims to itself exclusively those things which regard the governance, discipline, studies, goods, and privileges of religious societies of either sex, bound both by solemn and by simple vows, and of those who, although without vows, nevertheless live a common life in the manner of religious, and likewise of secular third orders, saving the right of the Congregation of the Propagation of the Faith.

§ 2. Therefore, questions to be handled by judicial order having been remitted to the competent tribunal, and with the right of the Congregation of the Holy Office and of the Congregation of the Council remaining always unimpaired concerning affairs pertaining to them, this Congregation settles all questions concerning affairs within its competence in a disciplinary line; but if the question concerns a religious member and a non-religious person, it can also, especially at the instance of a party, if it has judged it equitable, remit the same question to another Congregation or tribunal.

§ 3. Finally, to this Congregation is reserved the concession of dispensations from common law for religious members, with the prescript of can. 247, § 5 remaining firm (Can. 251).

§ 1. The Congregation for the Propagation of the Faith presides over missions for preaching evangelical and Catholic doctrine, constitutes and changes necessary ministers, and has the faculty of treating, acting, and executing all things necessary and opportune in this matter.

§ 2. It takes care of all those things which pertain to the celebration and recognition of Councils in places subject to it.

§ 3. Its jurisdiction is circumscribed by those regions where, the sacred hierarchy not yet having been constituted, the state of mission perseveres. To this Congregation are also subject regions which, although a hierarchy has been constituted there, still remain in an inchoate state. To it are likewise subject societies of ecclesiastics and Seminaries which have been founded exclusively for this end, that missionaries for external missions be instituted in them, especially as regards their rules, administration, and opportune concessions required for sacred ordinations of students.

§ 4. But this Congregation is held to refer to the competent Congregations affairs which either touch faith, or matrimonial causes, or general norms concerning the discipline of sacred rites to be handed down or interpreted.

§ 5. But as regards religious members, the same Congregation claims to itself whatever touches religious as missionaries, whether taken individually or together. But whatever touches religious as such, whether individually or together, it remits or leaves to the Congregation set over the affairs of religious (Can. 252).

§ 1. The Congregation of Sacred Rites has the right of seeing and establishing all those things which practically regard the sacred rites and ceremonies of the Latin Church, but not those things which more broadly are referred to sacred rites, of which sort are rights of precedence and other things of that kind, concerning which there is disputation either with judicial order observed or in a disciplinary line.

§ 2. Therefore it especially belongs to it to watch that sacred rites and ceremonies be diligently observed in celebrating the Sacred [Sacrifice], in administering the Sacraments, in performing the divine offices, and finally in all those things which regard the worship of the Latin Church; to grant opportune dispensations; to bestow insignia and privileges of honor, both personal and temporary, and local and perpetual, which pertain to sacred rites or ceremonies; and to take care lest abuses creep into these things.

§ 3. Finally, it handles all those things which are referred in any way to the beatification and canonization of Servants of God or to sacred relics (Can. 253).

§ 1. To the Ceremonial Congregation pertains the moderation of ceremonies to be observed in the Pontifical Chapel and Court, and of the sacred functions which the Cardinal Fathers perform outside the pontifical chapel; and likewise the same Congregation takes cognizance of questions concerning the precedence both of the Cardinal Fathers and of Legates whom various Nations send to the Holy See (Can. 254).

To the Congregation for Extraordinary Ecclesiastical Affairs it pertains to constitute or divide dioceses, or to promote suitable men to vacant dioceses, as often as these matters must be handled with civil Governments; moreover, the Congregation applies itself to those affairs which are subjected to its examination by the Supreme Pontiff through the Cardinal Secretary of State, especially from those which have something joined with civil laws and are referred to pacts agreed upon with various Nations (Can. 255).

§ 1. The Congregation of Seminaries and Universities of Studies watches over all things which pertain to the governance, discipline, temporal administration, and studies of Seminaries, with the right of the Congregation of the Propagation of the Faith remaining unimpaired. To the same is likewise committed the moderation of the governance and studies in which athenaea, or those which they call Universities or Faculties, which depend on the authority of the Church, ought to be engaged, including those which are directed by members of some religious family. It weighs and approves new institutions; it grants the faculty of conferring academic degrees and hands down norms by which they ought to be conferred; and where there is question of a man commended by singular doctrine, it can itself confer them.

§ 2. In this Sacred Congregation are numbered, among others, the Cardinal Secretary of the Consistorial Congregation and, among the Consultors, the Assessor of the same Congregation (Can. 256).

§ 1. Over the Congregation for the Oriental Church the Roman Pontiff himself presides. To this Congregation are reserved all affairs of every kind which are referred either to the persons, or to the discipline, or to the rites of the Oriental Churches, even if they are mixed, that is, which by reason either of the matter or of the persons also touch Latins.

§ 2. Wherefore for Churches of the Oriental rite this Congregation possesses all faculties which the other Congregations obtain for Churches of the Latin rite, with the right of the Congregation of the Holy Office remaining unimpaired according to the norm of can. 247.

§ 3. This Congregation settles controversies by disciplinary way; but those which it has judged must be settled by judicial order it will remit to the tribunal which the congregation itself shall have designated (Can. 257).

¹ Cf. Addenda, p. 1146, n. 119.