Scholion. On the Roman Curia

I. Constitution of the Roman Curia. The Roman Curia consists of Sacred Congregations, Tribunals, and Offices (can. 242), according as they proceed either by the doctrinal or disciplinary way, or by the judicial way, or by the administrative way. We shall speak especially of the Sacred Congregations.

1. The Sacred Congregations and their offices are:

a) The Congregation of the Holy Office.

alpha) The Congregation of the Holy Office, over which the Supreme Pontiff himself presides, protects doctrine concerning faith and morals (can. 247, § 1).

beta) It judges concerning those delicts which are reserved to itself according to its own proper law, with the power of hearing 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 (can. 247, § 2).

gamma) It alone takes cognizance of those matters which, whether directly or indirectly, in law or in fact, concern the privilege, as they say, of Paul, and the matrimonial impediments of disparity of cult and mixed religion; and likewise the faculty of dispensing in these impediments belongs to it. Wherefore any question of this kind is to be referred to this Congregation, which nevertheless can, if it so judges and the case allows it, remit the question to another Congregation or to the Tribunal of the Sacred Roman Rota (can. 247, § 3).

delta) To the same Congregation it belongs not only diligently to examine books brought before it, to prohibit them if need be, and to grant dispensations, but also ex officio to inquire, by whatever more suitable way may be possible, into writings of any kind published among the people which ought to be condemned, and to recall to the memory of Ordinaries how religiously they are bound to take notice of harmful writings and to denounce them to the Holy See, according to the norm of can. 1397 (can. 247, § 4).

epsilon) It alone is competent concerning all those things which regard the Eucharistic fast for priests celebrating Mass (can. 247, § 5).

Note. The Congregation of the Index was suppressed by Benedict XV,¹ and its office was assigned to the Congregation of the Holy Office.

b) The Consistorial Congregation.

alpha) 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 (can. 248, § 1).

beta) To this Congregation it belongs not only to prepare the matters to be handled in consistories, but besides, in places not subject to the Congregation de Propaganda Fide, to constitute new dioceses and provinces, and chapters both cathedral and collegiate; to divide dioceses already constituted; to propose bishops, Apostolic Administrators, Coadjutors, and Auxiliary Bishops to be constituted; to order canonical inquiries or processes concerning those to be promoted, and diligently to weigh the acts, and to test their doctrine, with due regard for the prescription of can. 255 (can. 248, § 2).

gamma) On this Congregation depend all those things which pertain to the constitution, preservation, and status of dioceses. Therefore it watches over whether the obligations by which Ordinaries are bound have been fulfilled or not; it takes cognizance of those things which have been reported in writing by bishops concerning the state of their dioceses; it orders apostolic visitations and examines those which have been completed, in either case transmitting to the several Congregations the matters to be deliberated which pertain peculiarly to them (can. 248, § 3).

c) The Congregation on the Discipline of the Sacraments.

alpha) To the Congregation on the Discipline of the Sacraments is entrusted all legislation concerning the discipline of the seven Sacraments, without prejudice to the right of the Congregation of the Holy Office concerning those matters which are established in can. 247, and of the Congregation of Sacred Rites concerning the rites and ceremonies which must be observed in confecting, administering, and receiving the Sacraments (can. 249, § 1).

beta) Therefore there belong to it all those things which are customarily decreed and conceded 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 are reserved to other Congregations (can. 249, § 2).

gamma) It also, and exclusively, takes cognizance of the fact of non-consummation of marriage and of the existence of causes for granting a dispensation, as well as of all those things which are connected with these. Nevertheless, it can remit cognizance of all these matters to the Sacred Roman Rota, if it judges this expedient. Likewise questions concerning the validity of marriage can be referred to it; yet if these require a more accurate inquiry or investigation, it is to remit them to the competent tribunal. In the same way it belongs to it to consider the obligations attached to major orders, and to examine questions concerning the very validity of sacred ordination, or to remit them to the competent tribunal. And so forth concerning the other Sacraments (can. 249, § 3).

d) The Congregation of the Council.

alpha) To the Congregation of the Council is entrusted that part of affairs which refers to the universal discipline of the secular clergy and of the Christian people (can. 250, § 1).

beta) Wherefore it belongs to it to take care that the precepts of Christian life be observed, with the faculty of opportunely dispensing the faithful from them; to regulate those things which regard pastors and canons, or which touch pious sodalities, pious unions, even if they depend on religious or have been erected in their churches or houses, pious legacies, pious works, Mass stipends, benefices or offices, ecclesiastical goods, movable and immovable, diocesan taxes, taxes of episcopal Curias, and other things of this sort. To the same Congregation is reserved the faculty of exempting from conditions required for obtaining benefices, whenever their collation belongs to the Ordinaries; of admitting to composition those who have occupied ecclesiastical goods, even those belonging to religious; and of permitting the faithful to acquire ecclesiastical goods usurped by the civil power (can. 250, § 2).

gamma) It also considers all those things which pertain to ecclesiastical immunity, and likewise controversies concerning precedence, with due regard for the right of the Congregation on Religious and of the Congregation of Ceremonies (can. 250, § 3).

delta) To the same Congregation belong all those things which refer to the celebration and review of Councils and to meetings or conferences of bishops, outside places which are subject to the Congregation de Propaganda Fide (can. 250, § 4).

epsilon) This Congregation is competent in all controversies concerning the affairs entrusted to it which it judges should be handled in the disciplinary line; the rest are to be referred to the competent tribunal (can. 250, § 5).

e) The Congregation Set Over the Affairs of Religious Sodalities.

alpha) The Congregation set over the affairs of religious members claims to itself exclusively those things which regard the government, discipline, studies, goods, and privileges of religious members of either sex, bound by solemn or simple vows, and of those who, although without vows, nevertheless live a common life after the manner of religious, and likewise of secular Third Orders, without prejudice to the right of the Congregation de Propaganda Fide (can. 251, § 1).

beta) Therefore, questions to be treated in judicial order having been remitted to the competent tribunal, and the right of the Congregation of the Holy Office and of the Congregation of the Council concerning affairs pertaining to them always remaining intact, this Congregation decides all questions within its competence in the disciplinary line. But if a question turns between a religious member and a non-religious person, it also can, especially at the request of a party, remit the same question to another Congregation or tribunal, if it has judged this equitable (can. 251, § 2).

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

f) The Congregation de Propaganda Fide.

alpha) The Congregation de Propaganda Fide presides over missions for preaching the Gospel and Catholic doctrine, appoints and changes necessary ministers, and has the faculty of treating, doing, and executing everything necessary and opportune in this matter (can. 252, § 1).

beta) It cares for all those things which pertain to the celebration and review of Councils in places subject to it (can. 252, § 2).

gamma) Its jurisdiction is circumscribed to 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 the hierarchy has been constituted there, still bear something of an initial state. To the same are likewise subject societies of ecclesiastics and Seminaries which have been founded exclusively for the end that missionaries for foreign missions be instituted in them, especially as regards their rules, administration, and suitable concessions required for the sacred ordination of students (can. 252, § 3).

delta) This Congregation, however, is bound to refer to the competent Congregations affairs which touch faith, or matrimonial causes, or general norms concerning the discipline of sacred rites to be handed down or interpreted (can. 252, § 4).

epsilon) But as regards religious members, the same Congregation claims to itself whatever touches religious as missionaries, whether taken singly or together. But whatever touches religious as such, whether taken singly or together, it is to remit or leave to the Congregation set over the affairs of religious (can. 252, § 5).

g) The Congregation of Sacred Rites.

alpha) The Congregation of Sacred Rites has the right of considering and determining all those things which closely regard the sacred rites and ceremonies of the Latin Church, but not those things which pertain more broadly to sacred rites, of which sort are rights of precedence and other things of this kind, whether they are disputed with judicial order observed or in the disciplinary line (can. 253, § 1).

beta) It therefore belongs especially to this Congregation 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 suitable 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 (can. 253, § 2).

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

h) The Congregation of Ceremonies. To the Congregation of Ceremonies belongs the regulation of ceremonies to be observed in the Pontifical Chapel and Court, and of sacred functions which the Cardinal Fathers perform outside the pontifical chapel. 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).

i) The Congregation for Extraordinary Ecclesiastical Affairs. To the Congregation for Extraordinary Ecclesiastical Affairs it belongs to constitute or divide dioceses and to promote suitable men to vacant dioceses, whenever civil Governments must be dealt with concerning these matters. Moreover, the Congregation devotes itself to those affairs which are submitted to its examination by the Supreme Pontiff through the Cardinal Secretary of State, especially those which have some connection with civil laws and refer to conventions entered into with various Nations (can. 255).

j) The Congregation of Seminaries and Universities of Studies.

alpha) The Congregation of Seminaries and Universities of Studies watches over all things which pertain to the government, discipline, temporal administration, and studies of Seminaries, without prejudice to the right of the Congregation de Propaganda Fide. To the same is likewise entrusted the regulation of the government and of studies in which academies, or what they call Universities or Faculties, which depend on ecclesiastical authority, must be engaged, including those which are directed by members of some religious family. It considers and approves new institutions; it grants the faculty of conferring academic degrees and hands down the norms by which they must be conferred; and, where there is question of a man commended by singular doctrine, it can itself confer them (can. 256, § 1).

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

k) The Congregation for the Eastern Church.

alpha) Over the Congregation for the Eastern Church the Roman Pontiff himself presides. To this Congregation are reserved all affairs of every kind which refer either to the persons, or to the discipline, or to the rites of the Eastern Churches, even if they are mixed, namely, such as also touch Latins either by reason of the matter or by reason of the persons (can. 257, § 1).

beta) Wherefore for Churches of the Eastern rite this Congregation possesses all faculties which the other Congregations obtain for Churches of the Latin rite, without prejudice, however, to the right of the Congregation of the Holy Office according to the norm of can. 247 (can. 257, § 2).

gamma) This Congregation settles controversies by the disciplinary way. But those which it has judged must be settled in judicial order it will remit to the tribunal which the Congregation itself shall have designated (can. 257, § 3).

2. The Tribunals and their offices are:

a) The Sacred Penitentiary.

alpha) A Cardinal Major Penitentiary is placed over the Sacred Penitentiary. The jurisdiction of this tribunal is restricted to those things which regard the internal forum, even the non-sacramental forum. Therefore this tribunal grants favors for the internal forum alone: absolutions, dispensations, commutations, sanations, condonations; it moreover examines questions of conscience and decides them (can. 258, § 1).

beta) To the same tribunal, moreover, it belongs to judge concerning all those things which regard the use and concession of indulgences, without prejudice to the right of the Holy Office to consider those things which regard dogmatic doctrine concerning these indulgences or concerning prayers and devotions (can. 258, § 2).

b) The Sacred Roman Rota and c) The Supreme Tribunal of the Apostolic Signatura. Causes requiring judicial order are conducted before the Sacred Roman Rota and before the Supreme Tribunal of the Apostolic Signatura, within the limits and according to the norms handed down in can. 1598-1605, without prejudice to the right of the Congregation of the Holy Office and of the Congregation of Sacred Rites in causes proper to themselves (can. 259).

3. The Offices of the Roman Curia: concerning these, consult can. 260-264.

¹ A.A.S. 1917, pp. 167 and 162.

II. Juridical competence of the Roman Curia. The proper juridical competence of at least most dicasteries, especially of the Sacred Congregations, is situated in this: that they can urge and commit to execution laws already constituted, declare their meaning, regulate their observance, or concede dispensation from them.¹ "Nevertheless, they can also, at least the Sacred Congregations, each according to its own competence, issue new decrees, even general ones, if indeed grave necessity of the universal Church counsels this; yet the Supreme Pontiff must have been informed beforehand if they differ from the prescriptions of the Code. This is clear among other things from the Motu proprio of Benedict XV, Cum iuris canonici, September 15, 1917, by which a special Council or Commission is instituted for authentically interpreting the canons of the Code, and where also the relation of this Commission to the Sacred Roman Congregations is described, which must refer to that Commission their new general decrees, approved by the Roman Pontiff."²

¹ Lijdsman, Introductio in Ius Can., I, n. 47.

² Lijdsman, loc. cit.

III. Acts of the Roman Curia.

1. They are chiefly distinguished into doctrinal and disciplinary acts. Doctrinal acts protect the faith and are issued especially by the Holy Office and the Pontifical Biblical Commission. Disciplinary acts look to the protection of discipline. Furthermore, disciplinary decrees are divided into decrees strictly so called, interpretations, and judicial sentences. Decrees strictly so called are new laws; interpretations or declarations explain an established law; judicial sentences are issued in the form of a judgment for deciding a controversy. Nevertheless, the word decree occurs in diverse senses.

2. As regards the authenticity of acts, these "are genuine or authentic if they have been signed in legitimate form by competent officials of the Curia. Thus, for example, among the Sacred Roman Congregations, for this there is required the signature of the Cardinal Prefect and of the Secretary of the Congregation or his Substitute, or at least of one of these Prelates together with the application of the seal of the proper Dicastery... For the Sacred Congregation of the Holy Office, the signature of the Notary alone suffices. Nevertheless, acts which do not bear an authentic signature are not to be rejected, but are brought forward by writers or by witnesses worthy of faith; for although they are not authentic, nevertheless they are not destitute of value, especially doctrinal value. This is clear from the practice of most illustrious writers, for example Benedict XIV and the Sacred Congregation of the Council itself, where at times they refer to declarations alleged among trustworthy authors, concerning which, however, authentic testimony is not brought forward."¹

3. If acts do not report pontifical approval, likewise if they are confirmed by him only in common form, they are the proper acts of the Dicastery; if they are confirmed in specific form, they become truly papal acts.²

Note. What has been said about the Roman Curia and its acts, with due proportion observed, is also to be applied to the two Commissions of Cardinals existing in Rome, which are: the Pontifical Biblical Commission, and the Commission for authentically interpreting the canons of the Code (n. 139).

¹ Lijdsman, op. cit., n. 45.

² Lijdsman, op. cit., n. 46.

IV. Meaning of the principal clauses which often occur in responses of the Sacred Congregations:

a) Dilata; that is, the response is deferred, so that the matter may be subjected to more mature examination, as being of difficult solution.

b) Affirmative et amplius - Negative et amplius; that is, when the matter has been sufficiently and more than sufficiently discussed in the Sacred Congregation and decided with full votes as it stands, such a question is no longer admitted.

c) Nihil: that is, the petition is not admitted, as being unsuitable.

d) Relatum vel lectum; that is, when it had been reported or read, the petition was not admitted in the Sacred Congregation.

e) Reponatur; that is, no response is given, but the petition is placed in the Archives of the Sacred Congregation.

f) Detur Decretum generale; this obtains when there is question of a grave matter which is being neglected by many.

g) Spectare ad Episcopum, or Orator adeat Episcopum, namely, that he himself provide according to canonical ordinances, but not according to his own pleasure.

h) Non congruere - Non expedire; that is, the Congregation does not think it fitting that what is asked be granted; therefore it does not wish to bestow the favor, nor does it bestow it.

i) Orator rem deferat ad Ordinarium et eius iudicio se dirigat; that is, the thing requested is not conceded by the Sacred Penitentiary, but is remitted to the Ordinary, so that, if he has the faculty, he may provide for the matter according to his prudence; otherwise, either he may obtain the faculty, or, if he shall have judged that this is not expedient, he may impose what must be imposed.

j) In decretis - In decisis; that is, petitions not heard and repeated by the petitioner are not to be heard.

k) Ad mentem; that is, besides the solution of the doubt, something else is noted or declared by the Sacred Congregation, which, if it is secret, is manifested only to those to whom the response is directed; otherwise, when the writings are publicly drawn up, it is added in these words: the mind is, etc.

l) Facto verbo cum Sanctissimo, or Ad Dominum Secretarium cum Sanctissimo; that is, the Congregation does not have the faculty of granting the favor, and therefore the Secretary is instructed to report the Rescript of the Sacred Congregation to the Supreme Pontiff, who is accustomed to approve the judgment of the Congregation and to grant the favor.

m) Providebitur in casibus particularibus; that is, the case which was proposed generically and indeterminately must be proposed determinately.

n) Gaudeat impetratis; that is, the petitioner ought to be content with the favor obtained, and an extension of the same, or another favor which was newly being asked, is not conceded.

o) Sanctissimus annuit pro gratia, arbitrio et conscientia Episcopi; that is, the favor has been granted and nothing is lacking for it to have its full effect except execution, which the delegate cannot deny, unless perhaps there is a canonical cause, not set forth to the Holy See, which by law would impede it.¹

It is useful to add what the cited author notes in the appendix.²

"A cause is said to be conducted with the order of law observed when the parties appoint procurators and the cause is debated through chosen advocates. Otherwise it is said to be treated oeconomice.

Per summaria precum indicates that there is no question of some doubt from the graver ones or of a contentious cause, for if there is question of these, the formula is used: ponatur in folio; but only of petitions presented to the Holy See, or of the manner in which the petitions deserve to be heard.

Consulat probatos auctores. There are not lacking those who always want, in their doubts, an authentic response from authority, as if indeed the laws of moral prudence were lacking, or as if these did not suffice for acting rightly. To such persons a response of this kind is usually given."

¹ Konings, Theol. Mor., 3rd ed., I, n. 174.

² Ibid., I, p. 479.