The Legislative Power of the Church

- That is called ecclesiastical law which is made by ecclesiastical power for the right governance of the Church and the eternal salvation of souls.

The collection of various ecclesiastical laws constitutes Canon Law.

The Corpus of Canon Law consists of six parts, constituting three volumes. They are: the Decree of Gratian, the Decretals, the Sixth, the Clementines, the Extravagants of John XXII, and the Common Extravagants.

The first volume contains the Decree collected by Gratian, a Benedictine monk, and published in the year 1151 under the title: Concordance of Discordant Canons. The work is distributed into three parts, of which the first treats of ecclesiastical persons, the second of actions or of the matter and form of judgments, and the third of sacred things.

The first part is divided into one hundred and one distinctions, which are subdivided into chapters or canons. It is usually indicated thus: ch. Ieiunium 7, dist. 76; or also dist. 76, ch. 7.

The second part is divided into thirty-six causes; but the causes are divided into questions, and the questions into chapters. It is cited in the following manner: ch. Qui viderit 13, quest. 5, cause 32; or cause 32, qu. 5, c. 13. The Treatise on Penance, having seven distinctions, is cited thus, for example, ch. Mensuram 86, dist. 1, on Penance; or on Penance, dist. 1, c. 86.

The third part consists of five distinctions, which are divided into various chapters. They are cited: ch. Est unitas 49, dist. 4, on Consecration; or on Consecration, dist. 4, c. 49. For this part treats of the consecration of Churches, altars, etc.

The second volume contains the Decretals omitted by Gratian, or published after him, collected by St. Raymond of Pennafort, of the Order of Preachers, by command of Gregory IX, and published in the year 1230. It is divided into five books, which have titles and chapters; and they are cited in this manner: ch. Pervenit 28, on Appeals; or Decretals, book 2, tit. 28, c. 28. A chapter indicated in this latter way is found much more easily.

The third volume contains the Sixth Book, the Clementines, and the Extravagants both of John XXII and the Common ones.

The Sixth, or sixth book of the Decretals, is so called because it is added to the five books of the Decretals of Gregory IX, and has the Decretals published from Gregory IX up to Boniface VIII. It appeared in the year 1298 by the authority of Boniface VIII; it is divided into five books, which also have titles and chapters. It is cited in the same way, but there is added, in the Sixth, or under Boniface.

The Clementines, so called from Clement V, who ordered them to be collected after the Council of Vienne, over which he presided in the year 1311, are Constitutions published either by Clement himself or by the Council of Vienne. John XXII promulgated them in the year 1317 in five books, which, no less than the Decretals and the Sixth, consist of titles and chapters. They are likewise cited in the same way, but there is added in the Clementines.

The Extravagants of John XXII are the Constitutions which he himself published in the prior years of his pontificate. They are so called because they wander outside the corpus of law collected thus far. They are usually indicated thus: Extrav. of John XXII, tit. 4, c. 1.

The Common Extravagants, so called because they were published by John XXII and by several other Pontiffs, are themselves divided into five books, which have chapters with titles, but not numbered. They are ordinarily cited thus: ch. Vas electionis, on Heretics; Common Extravag., or Extrav. comm., book 5, on Heretics, c. 2.

Other Constitutions of the Councils of Constance and Trent, and of the Roman Pontiffs, were published afterward, but have not yet been collected into the corpus of Law.

Questions. - QUESTION 1. What are the Roman Congregations, and what are their various offices?

I answer: The following are enumerated: the Congregation of the Council, the Congregation of Bishops and Regulars, the Congregation de Propaganda Fide, the Congregation of Sacred Rites, the Congregation of the Index, the Congregation of the Holy Office, the Congregation of Indulgences and Relics, the Congregation of Immunity.

The Congregation of the Council (of Trent), or of Cardinals. It consists wholly of Cardinals, who are called the interpreting Fathers of the Sacred Council of Trent, and one of whom is distinguished by the title Prefect of the Congregation. Pius IV had first instituted this for the observance of the Council of Trent; afterward, moved by the requirements of affairs, Sixtus V endowed it also with the power of interpreting the decrees of the Council in those matters which pertain to the reform of morals or discipline and seem doubtful.

The Congregation of Bishops and Regulars. It also wholly coalesces from Cardinals. As its name indicates, it undertakes two matters to be treated: namely, those things which regard the good administration of the dioceses of the whole Catholic world, and those things which pertain to knowing and settling, according to the sacred Canons, the controversies and disputes of Regulars of both sexes.

The Congregation de Propaganda Fide. It is composed of Cardinals alone. It is wholly occupied in procuring the propagation of the Faith throughout the world. The College called de Propaganda Fide, for forming Missionaries, founded at Rome by Urban VIII, pertains to its cares.

The Congregation of Sacred Rites. Besides Cardinals, it also consists of Consultors, Prelates or Regulars. It defines and orders the sacred liturgy, and the things which pertain to it. The examination also of the causes of Beatification and Canonization of the Saints is numbered among its offices.

The Congregation of the Index, instituted by St. Pius V. In it Cardinals and several other learned men have a place. It exercises one sole office, but one of great moment for the good both of ecclesiastical and of civil society: namely, it has the care of books which are published, lest anything through them be able to be propagated among Christians against Religion and good morals; those which it judges harmful to the faithful, it accurately notes, forbids, and reports in the Index, which therefore is called the Index of prohibited books, so that the faithful may abstain from reading them as from poisoned pastures. Yet sometimes books are prohibited both by the Congregation of the Holy Office and by the Pontiff himself through particular Briefs and dogmatic Constitutions, especially if they savor of heresy.

The Congregation of the Holy Office, or of the sacred universal Inquisition. It is called Supreme, and consists both of Cardinals and of Prelates and Theologians.

It belongs to it to take cognizance of heresy, and also of suspicion of heresy, or of other irreligiosities. It was instituted by Paul III and confirmed by Sixtus V.

The Congregation of Indulgences and Relics. It has the faculty and office of settling all difficulties and doubts concerning Sacred Relics and Indulgences. It consists of a number of Cardinals to be determined by the Supreme Pontiff, and of other Prelates and Theologians.

The Congregation of Immunity, which coalesces from Cardinals and a few others. It inspects and takes cognizance of causes concerning ecclesiastical immunity, whether real, personal, or local.

- QUESTION 2. What is to be said concerning the sacred tribunals, gracious and contentious?

I answer: 1. Three gracious tribunals are numbered, namely: the Sacred Penitentiary, the Dataria, and the Roman Chancery.

The Penitentiary is a tribunal instituted for granting certain favors in the internal forum. Its office is to grant faculties of absolving from sins and censures reserved to the Pope, dispensations in vows and irregularities, and also generally in occult impediments of matrimony, as will be said more fully in its place. It also pertains to it to solve practical doubts, or to settle difficulties which are proposed to it.

The Sacred Penitentiary consists of one Major Penitentiary from the College of Cardinals, and of minor Penitentiaries taken from different religious orders. Pius IV reformed this Sacred Congregation in the year 1562, and St. Pius V completed the reform.

The Dataria has been so called from the style customary in Chanceries, because it notes the date, or epoch, of the favor conceded. It is a very ample tribunal by reason of the business referred to it, and of the favors which proceed from it. For from there proceed the erections, unions, divisions, and suppressions of Cathedral Churches, creations of new canonries or dignities, collations of reserved benefices, and public dispensations of impediments of matrimony.

The Dataria is constituted from a Datary, who is called Prodatary if he is a Cardinal, as almost always happens, a Subdatary, and several subordinate officials.

The Chancery wholly excels among the gracious tribunals. It is the tribunal of the Pontiff, through which Apostolic letters are drawn up, written, and expedited. The origin of that office is not certain. That office is of primary dignity, and its Chancellor precedes the other ministers of the Roman court. He has several officials under him, of whom some are major Prelates.

I answer: 2. Among contentious tribunals the Roman Rota holds the first place, about which we shall report very few things. Concerning its origin and the reason for its name there is not sufficient certainty. But the Roman Rota is a pontifical tribunal, instituted for taking cognizance of and deciding contentious causes brought from the whole Catholic world to the court of the Pontiff. The judges from whom this tribunal is constituted are twelve, taken from different parts of the Church. Among these, eight are Italians, two Spaniards, one Frenchman, and another German. Thus from the Constitution of Sixtus IV. All these are called auditors of the Roman Rota, because, as they say, formerly they were mere auditors and reporters of causes, but not judges properly so called.

- QUESTION 3. What is to be said concerning pontifical Bulls, Briefs, and Rescripts?

I answer: 1. Bulls are certain Constitutions of the Roman Pontiffs which for the most part regard weightier business, and are expedited in the Apostolic Chancery, inscribed on somewhat dark and thicker parchments, in Lombardic or Teutonic character. They are called Bulls from the seal, either leaden or golden, displaying on this side the images of the Holy Apostles Peter and Paul, but on that side the name of the Pontiff, which adheres to a cord of silk or hemp.

They obtain various names from various objects. Some are gracious, which contain the conferring of a favor. - Others are of justice, which regard the administration of justice. - Others are consistorial, which are expedited in the Consistory. - Others are half-bulls, which are made by a Pontiff not yet consecrated, and in the seal do not display the name of the same. Bulls are cited by the words with which they begin. Bullaria are called collections of Bulls.

Briefs are called certain Constitutions of the Roman Pontiffs for business for the most part lighter. Through the Secretary of Briefs, written on white and thin parchments, in Latin and in an elegant character, they are expedited. They have a seal of red wax, on which the image of St. Peter engaged in fishing is impressed, and therefore they are said to be expedited under the Ring of the Fisherman.

Rescripts are called responses of the Pontiffs to requests. There is a twofold kind of them. Some are issued after the manner of familiar letters, which the Supreme Pontiffs are accustomed to give either when they are petitioned by those with whom they have a special relation of friendship, or when they are asked for counsel as learned and pious men; nor is any force of obliging inherent in these, since they proceed more from courtesy of mind than from true authority. - Others are issued after the manner of Decrees by the Pontiffs, as successors of St. Peter and Pastors and Teachers of the universal Church; and consequently the greatest force is inherent in these, since through them pontifical right and supreme jurisdiction are exercised.

n. 129.

- QUESTION 4. Whether pontifical Epistles, and responses not inserted in the corpus of Law, have the force of law?

n. 129.

I answer: Yes, if their authenticity is established, and they have been sufficiently promulgated; namely, if they are published in that manner in which laws are usually published, or if from the usage and sense of the universal Church already for several centuries they are held as authentic and sufficiently promulgated. - St. Lig., no. 106. - Apostolic Man, no. 34.

…and 4 more passages — all of them are listed on the topic page.

Vermeersch, Theologia Moralis

Arthur Vermeersch, S.J. — 21 passages (filed under the subtopics)

Vol. I, Tr. III, Ch. II, Appendix II: On the Roman Curia

n. 315.

I. - General Notions

— 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).

n. 316.

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

Norms of acting are prescribed by the Supreme Pontiff.
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.
Whatever grave and extraordinary matter is being transacted must first be made known to the Supreme Pontiff.
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.
Controversies concerning competence are settled by a special assembly of Cardinals whom the Supreme Pontiff shall designate in each single case.

n. 317.

II. - On the Sacred Congregations — A. - On the Sacred Congregations in Common

— 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.

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).

n. 318.

B. - On the Individual Congregations

— 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.

n. 319.

— 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).

n. 320.

— 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.

n. 321.

— 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.

n. 322.

— 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.

n. 323.

— 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.

n. 325.

— 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.

n. 326.

— 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.

n. 327.

— 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.

n. 328.

— 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.

n. 329.

— 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.

n. 330.

III. - On the Tribunals

— 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:

n. 331.

— 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.

n. 332.

— 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.

n. 333.

— 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.

IV. - On the Offices of the Roman Curia

There is:

n. 334.

— 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.

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.
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.
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.

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

Merkelbach, Summa Theologiae Moralis

Benedict Henry Merkelbach, O.P. — 12 passages

Vol. I, General Moral Theology, Treatise: On Laws in General, Sect. C, Sixth Part: On Ecclesiasti…, First Question: On Ecclesi…, Article I: On the Author of Ecclesiastical Law

324. All those can make law who enjoy perfect public power of ruling, or political jurisdiction, over a perfect community or a part of it. In the Church, power, from the will of Christ, belongs by ordinary divine right to the Supreme Pontiff (Mt. XVI, 19; Jn. XXI, 15-18) and to bishops (Mt. XVIII, 18; XXVIII, 20); by ecclesiastical right it can be conceded also to others. But one kind is called ordinary, had by force of one's own office; another delegated, from a special commission of him who has ordinary power (c. 197, § 1). Hence they can make laws who enjoy:

This is always vicarious, or to be exercised in the name of another; but ordinary power can be proper or vicarious according as it is exercised in one's own name or in the name of another. But that difference does not regard legislative power.

a) ordinary perfect jurisdiction in the external forum:

the Supreme Pontiff for the whole world and any part of it (c. 218), whether alone, or with others, e.g., Roman Congregations, by whose aid he composes or issues decrees which he himself confirms;

a Council: an ecumenical council (c. 228) confirmed by the Roman Pontiff (c. 227) for the whole Church; a plenary council for its territory (c. 290), e.g., a national council for a nation, a provincial council for a province; but the decrees of particular councils cannot be promulgated before they have been reviewed by the Sacred Congregation of the Council (c. 291, § 1); likewise a diocesan synod for a diocese (c. 356);

bishops for their subjects, even outside a synod (c. 362); likewise, when the see is vacant, the chapter of the cathedral church (c. 429 and 431) or the college of consultors (c. 427) and the capitular vicar (c. 435), although this is not expedient unless for urging laws previously enacted or there is need during a very long vacancy, yet in such a way that "nothing be innovated" (c. 436); likewise those who exercise episcopal jurisdiction, such as prelates nullius and exempt prelates for the territory subject to them (c. 323); likewise apostolic vicars and prefects for their region (c. 294), and apostolic administrators permanently constituted (c. 315);

religious Orders and exempt clerical religions in general chapter (c. 501, § 1);

b) or jurisdiction delegated by the Pontiff: legates, nuncios, etc., for the region to which they are sent and according to the tenor of the concession and of their faculties; likewise vicars general by special delegation of the bishop;

c) but not those who lack such jurisdiction:

rectors of lower communities: parishes, monasteries, sodalities, universities, a non-exempt religion (c. 501, § 1), etc.; their statutes, however, can have the force of obligating from the pact or vow of subjects, or from dominative authority, or from the will of the legislator;

superiors general or general chapters of a lay religion even if exempt, because only clerics are able to obtain jurisdiction in the Church (c. 118);

abbesses or superioresses: for although by domestic authority they can command, nevertheless no power of jurisdiction in the Church belongs to women.

Marc, Institutiones Morales

Clement Marc, C.SS.R. — 14 passages (filed under the subtopics)

Vol. II, Appendix II: Explanation Of The Sense Of Some Words Which Often Occur In The Responses Of The Holy Roman Congregations

Vol. I, Tr. III, Pt. II, Ch. III, Article I. On the Sacred Congregations · Vol. I, Tr. III, Pt. II, Ch. III, Article II. On the Tribunals of the Roman Curia · Vol. I, Tr. III, Pt. II, Ch. III, Article III. On the Offices of the Roman Curia

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

n. ¶2.

Affirmative et amplius, - Negative et amplius, i.e. when the matter has been discussed sufficiently and more than sufficiently in the Sacred Congregation, and decided by full votes as it lies, such a question is no longer admitted.

n. ¶3.

Nihil, i.e. the petition is not admitted, as incongruous.

n. ¶4.

Relatum or Lectum, i.e. when the request had been reported or read in the Sacred Congregation, it was not admitted.

n. ¶5.

Reponatur, or no response is given, but the petition is deposited in the Archives of the Sacred Congregation.

n. ¶6.

Detur decretum generale. It obtains when there is question of a grave matter which is neglected by many.

n. ¶7.

Non congruere, - Non expedire, i.e. the Sacred Congregation does not think it fitting that what is asked be conceded; therefore it does not will to bestow the grace petitioned, nor does it bestow it.

n. ¶8.

Orator rem deferat ad Ordinarium et ejus judicio se dirigat, or that the thing requested is not conceded by the Sacred Penitentiary, but is remitted to the Ordinary, 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 enjoin what is to be enjoined.

n. ¶9.

In decretis, - In decisis, or that prayers not heard and repeated by the petitioner are not to be heard.

n. ¶10.

Ad mentem, or that besides the solution of the doubt something else is noted or declared by the Sacred Congregation, which, if it has been secret, is manifested only to those to whom the response will be directed; otherwise it is added to publicly drawn-up writings with these words: the mind is, etc.

n. ¶11.

Facto verbo cum Sanctissimo, or: Ad Dominum Secretarium cum Sanctissimo, or that the Congregation does not have the faculty of conceding the grace, and therefore the Secretary is enjoined to refer the Rescript of the Sacred Congregation to the Supreme Pontiff, who is accustomed to approve the judgment of the Congregation and to concede the grace.

n. ¶12.

Providebitur in casibus particularibus, or that the case which was proposed generically and indeterminately must be proposed determinately.

n. ¶13.

Gaudeat impetratis, or that the petitioner ought to be content with the grace obtained, and that its extension, or another which is newly requested, is not conceded.

n. ¶14.

Sanctissimus annuit pro gratia, arbitrio et conscientiae Episcopi, or that the grace has been conceded and nothing is lacking that it may have full effect, except execution, which the delegate cannot deny, unless perhaps there underlies some canonical cause, not exposed to the Holy See, which impedes it by law.¹

Konings, Theologia Moralis

Anthony Konings, C.SS.R. — 1 passage (filed under the subtopics)

Vol. I, TREATISE ON LAWS, PART SECOND: ON THE PRINCI…, Ch. II, ARTICLE I: ON ECCLESIASTICAL LAW

n. ¶174.

- Quaer. 8° What is the sense of certain clauses which often occur in the responses of the Sacred Congregations?

Resp. Especially the following are accustomed to occur.

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

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

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

d) Relatum or Lectum, that is, when the request had been reported or read in the Sacred Congregation, it was not admitted.

e) Reponatur, or 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 neglected by many.

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

h) Non congruere, - Non expedire, that is, the Congregation does not think it fitting that what is asked be conceded; therefore it does not will to grant the sought grace, nor is it granted.

i) Orator rem deferat ad Ordinarium et ejus judicio se dirigat, or 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 he should either obtain the faculty, or, if he judges that this is not expedient, he should enjoin what must be enjoined.

j) In decretis, - In decisis, or the prayers, not heard and repeated by the petitioner, are not to be heard.

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

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

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

n) Gaudeat impetratis, or the petitioner ought to be content with the grace obtained, and the extension of the same, or another which is newly requested, is not conceded.

o) Sanctissimus annuit pro gratia, arbitrio et conscientiae Episcopi, or the grace has been conceded and nothing is lacking for it to have full effect except execution, which the delegate cannot deny unless perhaps there underlies a canonical cause, not set forth to the Holy See, which by law impedes it. (O) p. 479.

Billuart, Summa Summae

Charles-René Billuart, O.P. — 18 passages

Billuart, Summa Summae, Tomus II. On the Prima Sec…, On Laws, On Law in General, Who can make laws?

n. 1.

I say 1°: Legislative power belongs to the community, or to him who bears the care of the community ¹. ¹ Ibid. a. 3, c.

n. 2.

It is proved. To found law belongs to him whose it is to provide for the common good; because, as was said, laws are enacted on account of the common good. Yet to provide for the common good belongs to the community, or to him who has the care of the community; for as particular good is an end proportioned to a particular agent, so the common good is an end proportioned to the community, or to him exercising its functions. Ergo.

n. 3.

But true, because this governing and legislative power cannot easily be exercised by the whole multitude — for it would be difficult for all and singular to assemble at once as often as provision must be made for things necessary to the common good and for enacting laws — therefore the multitude is wont to transfer its right, or governing power, either into certain men from every condition of the people, and it is called democracy; or into few optimates, and it is called aristocracy; or into one only, whether for himself alone or for successors by hereditary right, and it is called monarchy.

n. 4.

This legislative power over Christians, especially the just, the Lutherans and Calvinists deny to the Church, herein following the Waldenses, Wiclif and John Hus condemned in the council of Constance. Against whom

n. 5.

I say 2º: There exists in the Church of Christ legislative power.

n. 6.

It is proved 1° by tradition. The Apostles themselves, Act., XV, 28 et 29,

n. 7.

¹ ¹ Ibid. a. 3, c.

n. 8.

enacted the law of abstaining from things strangled and from things sacrificed to idols. And ibid., 41, it is said of Paul: He went about..., commanding them to keep the precepts of the Apostles. From which it is understood that this law of the Apostles was not directive only, as heretics feign, but also preceptive. From the Apostles until now, the Church through holy Pontiffs and councils has founded laws which all the faithful have venerated.

n. 9.

2° By reason. The Church of Christ is a republic well ordered; for Christ did not fail her in anything. Yet in every well-ordered republic there ought to be, for emerging circumstances and necessities, legislative power: otherwise it will collapse. Ergo.

n. 10.

Now this power resides in the supreme Pontiff and general councils legitimately assembled, for the whole Church; in legates, for the provinces of their legation; in bishops, with counsel of chapter, for their diocese; in national and provincial councils, for the nation or province; in general assemblies of religious orders, for the whole order.

n. 11.

[Obj. 1°: Either Christ sufficiently provided for his Church, or not. Second alternative is wickedness of the day. If the first, ergo human laws are superfluous.

n. 12.

I answer. That Christ sufficiently provided for his Church by founding essential laws and leaving to the Church itself the power of founding those which ought to arise from the former, according as he should judge expedient for the common good by exigency of circumstances, persons and places. For it appears that this power is necessary to the Church, that she may be able to rule the Christian people fittingly.

n. 13.

Obj. 2º from heretics and especially Protestants: The Church is a certain college existing within an empire and under territorial power or superiority. Yet any college whatsoever has not the right of founding laws, but is subject to the laws of the empire; for it is repugnant that in the same republic there be two supreme legislators. Ergo.

n. 14.

I answer. I deny the major. 1º The Church is a society, city and kingdom perfect, as it is described in sacred letters and by the Fathers. This society is not confined within the limits of one civil empire, but embraces the whole world, because Christ came into the world that he might save all men, I Tim., II, 4. Whence he willed his Church diffused everywhere to be one, and this association to be bound and joined together with the same bonds in those things which pertain either to faith or to morals. He willed moreover that it be perpetual, and promised that it would endure unto the consummation of the world, Matth., XXVIII, 20. All which do not suffer the straits and instability of temporal empires. 2º Colleges cannot be instituted without permission of the prince, who can suppress them if their affairs and ends pertain to the genus of things committed to him. Yet the Church was instituted, not only without permission of princes, but while they contradicted and strove to destroy her, and the affairs which she has charge of do not pertain to the genus of things committed to the prince. Ergo she is not constituted under the authority of the prince. 3° Indeed two supreme legislators cannot coexist in the same republic, supposed that both powers be exercised in the same genus and have the administration of the same thing. But the genus of both civil and ecclesiastical power differs entirely, because the things committed to each differ entirely. This indeed has charge of sacred and divine things, and watches over spiritual and eternal goods of the faithful; that, governing civil society, studies earthly and temporal goods of citizens. Each therefore is supreme in its own things, each having its parts. Whence it is falsely asserted that a state within a state is constituted, if the Church vindicates to herself legislative power in her own order. Hence Jerome used to say, Ep. 77, ad Ocean., n. 2: « Other are the laws of the Caesars, other those of Christ; another thing Papinian commands, another our Paul. » And Pope Gelasius, in can. Duo sunt, dist. 96: « Two there are by which this world is principally ruled, the sacred authority of priests and the royal power. »]

n. 15.

I say 3°: Legislative power does not depend upon probity of life. Whence every prince holds it, as well secular as ecclesiastical, whether good or evil.

n. 16.

It is proved. Christ himself, Matth., XXII, 21, commanded tribute be paid to Caesar, a heathen prince. Ibid., XXIII, 2 et 3, he commands obedience to Scribes and Pharisees commanding according to the law, though wicked and impious. The Apostle, ad Rom., XIII, 4 et 5, teaches that princes, even infidels, are ministers of God, and that they must be obeyed, not only because of wrath, but also for conscience' sake. The same, ad Tit., III, 1, and 1 Petr., II, 13-15. Whence the following propositions were justly condemned in the council of Constance, first session, 8: « No one is civil lord, no one prelate, no one bishop, while he is in mortal sin. » It is 13 of Wiclif. The other, session XV: « No one exercises the office of Christ or Peter unless he follow him in morals. » It is 12 of John Hus.

n. 17.

You will ask of how many kinds laws are.

n. 18.

I answer. that they are of fourfold kind ¹. One is eternal; another natural; another divine positive, and this twofold, old and new; another human, and this again twofold, ecclesiastical and civil. ¹ Here q. 91. — 2. Here q. 91, a. 1, c.

Sabetti-Barrett, Compendium of Moral Theology

Aloysius Sabetti, S.J., and Timothy Barrett, S.J. — 3 passages (filed under the subtopics)

Vol. I, Tr. III, Pt. II, Ch. III, 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.

Vol. I, Tr. III, Pt. II, Ch. III, Article II. On the Tribunals of the Roman Curia

§ 1. Over the Sacred Penitentiary is placed the Cardinal Major Penitentiary. The jurisdiction of this tribunal is restricted to those things which regard the internal forum, even the non-sacramental forum; wherefore this tribunal for the internal forum alone grants graces, absolutions, dispensations, commutations, sanations, and condonations; besides, it examines questions of conscience and settles them.

§ 2. It is also for the same tribunal to judge concerning all those things which pertain to the use and concession of indulgences, saving the right of the Holy Office of seeing those things which regard dogmatic doctrine concerning the same indulgences or concerning new prayers and devotions (Can. 258).

Causes requiring judicial order are handled 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, saving the right of the Congregation of the Holy Office and of the Congregation of Sacred Rites in causes proper to themselves (Can. 259).

Vol. I, Tr. III, Pt. II, Ch. III, Article III. On the Offices of the Roman Curia

§ 1. To the Apostolic Chancery, over which presides the Cardinal Chancellor of the Holy Roman Church, this proper duty belongs: to expedite apostolic letters or bulls for the provision of consistorial benefices and offices, for the institution of new provinces, dioceses, and chapters, and for the carrying out of other greater affairs of the Church.

§ 2. These letters or bulls are not to be expedited except by mandate of the Consistorial Congregation concerning affairs pertaining to its competence, or by mandate of the Supreme Pontiff concerning other affairs, with the limits of the mandate itself observed in individual cases (Can. 260).

To the Apostolic Dataria, which is moderated by the Cardinal Datary of the Holy Roman Church, it is committed to take cognizance of the suitability of those to be promoted to non-consistorial benefices reserved to the Apostolic See; to draw up and expedite apostolic letters for their collation; to exempt, in conferring a benefice, from the required conditions, as often as its collation does not pertain to the Ordinary; and to take care of the pensions and burdens which the Supreme Pontiff shall have imposed in conferring the aforesaid benefices (Can. 261).

To the Apostolic Camera, over which presides the Cardinal Camerarius of the Holy Roman Church, belongs the care and administration of the temporal goods and rights of the Holy See, especially at the time when it is held vacant; and then the norms established in the constitution of Pius X Vacante Sede Apostolica, 25 Dec., 1904, are to be observed with exactness (Can. 262).

The Office of the Secretariat of State, whose moderator is the Cardinal Secretary of State, consists of three parts in this order:

1st. The first part, over which presides the Secretary of the Congregation for Extraordinary Ecclesiastical Affairs, is occupied with affairs which must be subjected to the same Congregation for examination, according to the norm of can. 255, the rest being remitted, according to their diverse nature, to particular Congregations;

2nd. The second part, over which the Substitute presides, applies itself to ordinary affairs;

3rd. The third part is directed by the Chancellor of Apostolic Briefs, who is devoted to the expedition of Briefs (Can. 263).

To the Secretariats of Briefs to Princes and of Latin Letters belongs the duty of writing in Latin the acts of the Supreme Pontiff committed to them by the same (Can. 264).

The Council or Commission for authentically interpreting the canons of the Code was instituted by the Supreme Pontiff Benedict XV, by Motu proprio Cum juris, on the fifteenth day of the month of September in the year 1917.

To this Commission alone will belong the right of authentically interpreting the canons of the Code, yet with that Sacred Congregation heard in matters of greater moment whose proper affair it is. It consists of some Cardinals, one of whom presides over the assembly; to these there will be added an approved man who will be Actuary of the Sacred Council, and Consultors from both clergies; the Council will have the right of interrogating the Consultors of the Sacred Congregations, each according to his own matter.
Let the Sacred Roman Congregations from now on not make new General Decrees, unless grave necessity persuades otherwise. Therefore their ordinary duty will be both to take care that the prescripts of the Code be religiously observed, and to issue Instructions which bring greater light to the same precepts and produce efficacy. These documents are to be composed so that they are and appear as certain explanations and complements of the canons.
When the good of the universal Church will demand that a new decree be established by some Congregation, let that Congregation establish the decree; but if it disagrees with the prescripts of the Code, let it warn the Supreme Pontiff concerning the discrepancy. The Congregation is to refer the decree approved by the Supreme Pontiff to the Council, whose role it will be to draw up a canon according to the sentence of the Decree. If the Decree disagrees with a prescript of the Code, let the Council indicate for which law of the Code the new law is to be substituted; if the matter concerns a thing about which the Code is silent, let the Council establish in what place the new canon is to be inserted, with the number of the canon which immediately precedes repeated twice, three times, etc., lest any canon be moved from its place or the series of numbers be disturbed. All these things, after the Decree of the Sacred Congregation, are to be reported in the Acta Apostolicae Sedis.

Sacred Congregation for the Oriental Church. To it are reserved all affairs of whatever 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. The Supreme Pontiff presides over it; he created it by Motu proprio Dei providentis on the 1st day of the month of May, in the year 1917.

Cf. Ferreres, Razon y Fe, t. 491; La Civilta Cattolica, an. 1917, 1918; Boudinhon, Revue du Clerge Francais, t. 92; The Irish Ecclesiastical Record, 1917, 1918; The Irish Theological Quarterly, 1917, 1918. - The American Ecclesiastical Review, 1917, 1918; Papi, Religious Profession - Marc, Institutiones Morales, Ed. 15, Supplement, 1917.

Slater, Cases I

Thomas Slater, S.J. — 9 passages (filed under the subtopics)

Slater, Cases I, Laws, Case 8. The Roman Congregations