to study the Sources of Faith, and to consult his advisers either individually or collectively. He may, nay sometimes he must allow his ordinary and extraordinary counsellors to act as subordinate colleges of judges, whose decisions he afterwards completes by adding his own. He may also place himself at the head of these various colleges, so that the members become his assessors. “The bishops of the whole world sitting and judging with us,” says the Proœmium of the first constitution of the Vatican Council. The same council also enumerates the various ways in which the Popes prepare their definitions: “The Roman Pontiffs, according as circumstances required,—at one time, by summoning ecumenical councils, or by ascertaining the opinion of the Church dispersed over the world; at another time, by means of local synods, or again by other means—have defined that those things are to be held which they have found to be in harmony with the Sacred Writings and Apostolical Traditions” (sess. iv., chap. 4).
IV. Dogmatic definitions being judicial acts presuppose an investigation of the case (cognitio causæ). If this is not made, the judge acts rashly, but the judgment is binding. When the authority of the judge is not supreme, and consequently the presumption in favour of the justice of the judgment is not absolute, a statement of the reasons may be necessary, and an examination of them may be permitted. Sometimes even the highest authority states his reasons for coming to a decision, but he does this merely to render submission easy. As regards the manner of conducting the investigation of the case, it should be noted that an examination of the Sources of Faith and the hearing of witnesses, although integral portions of the judicial functions, are not always necessary. When an already-defined doctrine has only to be enforced these processes may be dispensed with. However, even in this case, they may be advisable, so as to remove all suspicion of rashness or prejudice, and to enable the judges to affirm that they speak of their own full knowledge (ex plena et propria cognitione causæ).
