Appendix II: On the Roman Curia

— Notion. The Roman Curia designates the complex of institutions which are present to the Roman Pontiff in the exercise of his jurisdiction and universal power. Insofar as they make one with the Supreme Pastor, they are called by the common name of the Holy See. But the Pontifical Court comprises those administrations which belong to the Supreme Pontiff insofar as he is temporal Prince; and the Vicariate of the City signifies both the Cardinal who, as Vicar of the Roman Bishop, administers the Roman diocese, and the various persons and offices which compose the diocesan curia of the City.

"The Roman Curia consists of the Sacred Congregations, Tribunals, and Offices" (c. 242).

— Common rules. 1. Common points to be noted. (Cf. cc. 242-244).

1. Norms of acting are prescribed by the Supreme Pontiff.

2. All who belong to the Roman Curia are bound by the law of secrecy, which is of varied strictness, and is most severe in the Holy Office, in the Sacred Consistorial Congregation (as regards information concerning new bishops), and in the Secretariat of State.

3. Whatever grave and extraordinary matter is being transacted must first be made known to the Supreme Pontiff.

4. With the exception of the sentences of the Tribunal of the Rota and of the Apostolic Signatura, and of special faculties granted, any graces and resolutions need pontifical approval.

5. Controversies concerning competence are settled by a special assembly of Cardinals whom the Supreme Pontiff shall designate in each single case.

— 1. Constitution. The Sacred Congregations are constituted essentially of Eminent Cardinals, one of whom presides as Prefect. Nevertheless the Supreme Pontiff presides over a few; in which case there is a Cardinal Secretary to direct the Congregation. To a Sacred Congregation there belong, next, the Secretary and the Under-Secretaries (one or more) as major Officials; Consultors; and minor Officials.

Most Congregations have a province defined by matter; yet a territorial, but more general, province is assigned to the Sacred Congregations of Propaganda Fide and for the Eastern Church.

2. Competence:

a) In the province entrusted to them, the Congregations make general decrees and instructions which, although they do not contain the supreme exercise of legislative power, nevertheless oblige by way of law those to whom they are directed ¹. These, as being more grave, must be approved by the Supreme Pontiff;

b) They give authentic interpretations in the matter subject to them, whether through general decrees, or through rescripts, or through sentences in causes solved by the administrative way.

These, in matters defined, oblige the persons for whom they have been given (c. 17, § 3); prudently applied, they furnish for all a secure norm of acting; yet of themselves they do not have the force of law (c. 17, § 3), unless they are promulgated as general. Cf. the things said n. 286.

Wherefore of themselves they do not affect other persons or other cases, nor do they remove the probability of a different opinion. And it must carefully be observed whether or not they have been given dependently upon certain circumstances. Yet easily, whether from repeated declaration, or from the consent of experts who, weighing the matter anew, have added their vote to the interpretation given, declarations independent of circumstances induce a custom by connivance which obliges. Cf. the things said n. 289.

As we said there, insertion in the official Commentary A. A. S. effects: a) that these things be authentically established; b) that they be juridically promulgated when formally or virtually they are general. Therefore of itself it does not convert rescripts into laws. But when every mention of those to whom the rescript has been given is omitted, the authentic interpretation seems to be proposed to all, and consequently imposed upon all. Those things which are not inserted seem less definitive.

But doctrinal decrees in a matter of faith or morals, although according to themselves they are not infallible, nevertheless are of such great authority that - with the distinction of a particular and a general response always preserved - by the very virtue of faith, or by the moral virtue to which the matter pertains, we are obliged not only not to contradict externally, but also to furnish internal assent, which cannot be denied without temerity. Cf. Wernz, I, n. 143 note 47; Lehmkuhl, I, n. 300 and 429.

c) They bestow dispensations and graces in the matter subject to them, whether from the positive approval, or even mandate, of the Pontiff (ex audientia SS.), or from special faculties committed to them;

d) They settle causes by the disciplinary and administrative way. In this way, the forms of trials are not to be observed, and positive precepts are not rarely mixed with a juridical solution. If you except the Holy Office, which continues to judge heresy and delicts which induce suspicion of heresy, the Sacred Congregations are no longer tribunals; but only extraordinarily, from a commission of the Supreme Pontiff, do they take cognizance of causes judicially. These decisions are to be transferred to other cases only circumspectly.

Finally it is clear that by the mandate or specific approval of the Supreme Pontiff it can happen that decrees of a Sacred Congregation become true and properly so called universal laws.

¹ This competence is indirectly affirmed by Benedict XV in the Motu Proprio of 15 Sept. 1917, n. II, where he exhorts the Sacred Congregations to issue Instructions rather than new General Decrees (A. A. S. IX, 183, or Periodica, IX, 16).

— 1. The Congregation of the Holy Office (c. 247), which before the Constitution Sapienti Consilio, 29 June 1908, was more fully called that of the Sacred Roman and Universal Inquisition, is supreme; it has the Supreme Pontiff as president; it protects the doctrine of faith and morals.

It judges, whether in first instance, when delicts are directly referred to it, as is permitted, or in grade of appeal from the tribunal of the Ordinary of the place, criminal causes of heresy and of delicts which induce suspicion of heresy; it moderates the use of the Pauline privilege, and the impediments or dispensations of disparity of cult and mixed religion; it decides concerning the censorship and prohibition of books (in place of the suppressed Sacred Congregation of the Index); and it alone is competent concerning the Eucharistic fast for priests celebrating (c. 249). For its competence it has, besides consultors, qualifiers (of propositions), and a section on the censorship of books.

— 2. The Consistorial Congregation (c. 248) has the Supreme Pontiff as president. It prepares the things to be transacted in Consistories, and, outside the places subject to the Sacred Congregation of Propaganda Fide, it rules all things which pertain to the constitution, division, conservation, and state of dioceses, and to the government of bishops or quasi-bishops (c. 248).

— 3. The Congregation concerning the discipline of the Sacraments (c. 249) cares for the laws concerning the discipline of all the sacraments.

Wherefore to it pertain causes concerning the validity of marriage or sacred ordination which are treated without observing the judicial order; matrimonial dispensations, and dispensations in the qualities of those to be ordained or of the one ordaining. Unless it wishes to remit the cognition to the Sacred Rota, it exclusively takes cognizance concerning the non-consummation of marriage and concerning causes for dispensing upon a ratified marriage. It dispenses in the Eucharistic fast for communion. To the Holy Office there remain its rights defined above, v.g. those which regard doctrine and principles concerning the sacraments; religious, if you except only dispensation from the fast for communion ¹, must ask all things from the Sacred Congregation concerning Religious; and those things which pertain more closely to rites are reserved to the Congregation of Sacred Rites.

¹ This very cause is still under judgment.

— 4. The Congregation of the Council (c. 250), which, after the Constitution Sapienti, lost the more solemn name, Sacred Congregation of Cardinals Interpreters of the Sacred Council of Trent, is placed over the universal discipline of the secular clergy and of the Christian people.

Accordingly it cares for all things, with the exception of the Eucharistic fast, which regard the precepts of the Church, Mass stipends and obligations, pious legacies, occupation of ecclesiastical goods, benefices, offices, and also sodalities, with Third Orders excluded.

Saving the right of the Congregation concerning Religious and of the Ceremonial Congregation, it solves controversies concerning precedence, and questions concerning ecclesiastical immunity. It admits to composition those who have occupied ecclesiastical goods, even goods of religious. Outside places subject to the Sacred Congregation of Propaganda Fide, to it are attributed all things which refer to the celebration and recognition of Councils and to assemblies or conferences of bishops.

— 5. The Congregation set over the affairs of religious sodales (c. 251) is the proper Congregation of religious; by which name there also come here those who, although without vows, nevertheless lead life in common after the manner of religious.

Wherefore to it privatively pertain all questions which touch a religious family or religious sodales, even if they are disputed with non-religious, v.g. bishops. Nevertheless then, especially at the instance of the party, it can remit the question to another Congregation.

To it are reserved dispensations from the common law for religious. This, after the responses of a special assembly of Cardinals, 24 March 1919 ¹, is understood very broadly: v.g. concerning dispensations in observing the rites of Mass, in an impediment to receiving Order, which non-religious would have to obtain from the Congregations of Sacred Rites and of the Sacraments.

To the same Congregation exclusively pertain questions which regard secular Third Orders.

The right of the Sacred Congregation of the Council is preserved intact in confraternities or all pious unions ², in compositions for usurped ecclesiastical goods; and the right of Propaganda Fide of ruling religious insofar as they are missionaries, and of more fully moderating, even in Europe, societies of ecclesiastics and seminaries which have been founded exclusively for instituting missionaries for foreign missions.

Universities of Studies, even if they are administered by religious, pertain to the Sacred Congregation concerning Seminaries and Studies.

To the Sacred Congregation concerning Religious there is joined a special Commission concerning the approval of new Institutes.

¹ A. A. S. XI, 251, or Periodica X, 98.

² Cf. Periodica, V, 89.

— 6. The Congregation of Propaganda Fide (can. 252) is placed over the work of spreading the Gospel; and in regions where the sacred hierarchy has not yet been constituted, or is still in an inchoate state, it possesses a sufficiently universal jurisdiction, which extends to religious themselves, both singly and taken together, insofar as they are missionaries ³.

Outside regions of the missions it is not competent, if nevertheless you except its full power over Societies of Missionaries and Seminaries. And concerning faith, concerning matrimonial causes, and concerning rites to be moderated or interpreted, it must refer to the competent Congregations.

³ Indeed several religious institutes of missionaries, v.g. Cong. Cordis Immaculati B. M. V. (Scheutensis), Missionariae Franciscanae Mariae, have already obtained that even as religious they be subject to the Sacred Congregation of Propaganda Fide.

— 7. The Congregation of Sacred Rites (c. 253) cares for those things which most closely regard the sacred rites of the Latin Church; and it treats all things which in any way refer to the beatification and canonization of Servants of God, or to sacred relics.

It has Prelate Officials and distinct Consultors for causes of Beatification and Canonization and for Sacred Liturgy.

— 8. The Ceremonial Congregation (c. 254) moderates the ceremonies to be observed in the pontifical chapel and court, the sacred functions of the Fathers Cardinals, and questions concerning the precedence of Cardinals and Legates at the Holy See.

— 9. The Congregation for extraordinary ecclesiastical affairs (c. 255) treats concerning the state and government of dioceses, whenever it is necessary to deal with civil governments, and it applies itself to those affairs which are proposed to it by the Supreme Pontiff through the Cardinal Secretary of State, "especially from those which have something connected with civil legates and refer to agreements made with various Nations."

To this Congregation, as also to the Ceremonial Congregation, no Prefect is assigned.

— 10. The Congregation concerning Seminaries and Universities of Studies (c. 256) exercises vigilant jurisdiction over Seminaries, with the right of the Congregation of Propaganda Fide defined above remaining unharmed, and over Universities or Faculties which depend upon the Holy See, even if they are directed by a religious family.

— 11. The Congregation for the Eastern Church (c. 257) has the Supreme Pontiff as president; it cares for the affairs of the Eastern Church, for which it supplies for the other Congregations, with the exception of the Holy Office, and it also settles mixed questions, or those which touch Latins and Orientals at the same time.

— 12. There is, besides, a Congregation not named in the Code, that of the Reverend Fabric of St. Peter, which, besides the care of the Basilica, has in common with the Sacred Congregation of the Council the faculty of reducing burdens of Masses and of pious legacies. With this case excepted, the Sacred Congregations today are not accustomed to have or exercise any cumulative power.

— The tribunals of the Roman Curia are numbered as three: the Sacred Penitentiary, the Sacred Roman Rota, and the Supreme Tribunal of the Apostolic Signatura. Nevertheless there remain to the Holy Office and to the Congregation of Sacred Rites their rights in causes proper to them. Therefore:

— 1. The Sacred Penitentiary (c. 258), over which the Cardinal Major Penitentiary is placed, grants graces, dispensations, sanations, condonations for the internal forum alone, though also for the non-sacramental forum, and besides examines and settles questions of conscience.

Wherefore all can write to it and obtain a response concerning their matters of the internal forum or concerning cases of conscience. Letters are inscribed "To the Sacred Penitentiary" or "To the Cardinal Penitentiary," - Palazzo del S. Uffizio. - The person whose interest is involved, since the matters are customarily secret, is designated by the name Titius or Titia. The one signing the letters indicates the domicile to which the response is to be sent and inserts a postage stamp in his letters. Responses are given gratis. Letters can be written in Latin, Italian, or French. (Rescripts of the Sacred Congregations generally are deposited in the office of the Sacred Congregations themselves, and afterward are sought by the Agent or by the one who presented the petitions.)

Besides, it judges concerning the concession of indulgences and solves doubts concerning indulgences. Nevertheless it belongs to the Holy Office to explain dogmatic points concerning indulgences and to pronounce sentence concerning new prayers or devotions. Wherefore, for the section concerning indulgences, consultors of the Sacred Penitentiary are joined.

— 2. The Sacred Roman Rota (c. 259; cf. cc. 1598-1601) is the ordinary tribunal of appeal.

In the external forum it judges in second instance all causes legitimately devolved to the Holy See by appeal; in last instance, causes known by the Sacred Rota or by other tribunals in second or further instance, but which have not yet passed into a res judged, and in first instance causes committed to it by the Roman Pontiff: in which case the Rota itself, by means of turns of three auditors who succeed one another, settles those same causes in second and third instance. Rotal advocates are joined to the Rota.

— 3. The Supreme Tribunal of the Apostolic Signatura (c. 259; cf. cc. 1602-1605) consists of some Cardinals of the Holy Roman Church, of whom one performs the function of Prefect. Besides certain special causes, it judges, as a court of cassation, concerning a complaint of nullity against a rotal sentence.

It has this as proper to itself, that it can indeed add the reasons for its sentences, but is not bound to do so. To this Tribunal, after the chirograph of 28 June 1915, there were added, in place of Consultors, seven Prelate Voters of the Signatura, and Prelate Referendaries. Cf. A. A. S. VII, 310-325.

There is:

— 1. The Apostolic Chancery (c. 260), which expedites bulls for the provision of consistorial benefices and offices (i.e. those which are conferred in consistory, such as bishoprics outside places of the missions) and for the greater affairs of the Church. Over it presides the Cardinal Chancellor of the Holy Roman Church.

2. The Apostolic Datary (c. 261) is occupied with the collation of non-consistorial benefices which are reserved to the Supreme Pontiff; it also cares for the annexed burdens. Over it presides the Cardinal Datary of the Holy Roman Church.

3. The Apostolic Camera (c. 262) cares for and administers the temporal goods and rights of the Holy See, especially when the See is vacant. Over it presides the Camerarius of the Holy Roman Church.

4. The Secretariat of State (c. 263) consists of three parts:

a) The first, concerning extraordinary affairs;

b) The second, concerning ordinary affairs;

c) The third, which the Chancellor of Apostolic Briefs directs, concerning the expedition of Briefs.

The Cardinal Secretary of State moderates this Secretariat.

5. The Secretariats of Briefs to Princes and of Latin Letters (c. 264) write in Latin the acts committed to them by the Supreme Pontiff.