ROMAN
139
ROMAN
probation of the Decrees of the Holy Office which yet
lack the force of ex cathedra definitions are given by
Choupin ("Valeur des decisions doctrinales et disci-
plinairesdu Saint-Siege", Paris, 1907, ch. ix, ^9). The
disciplinary Decrees of the Holy Office have the same
force as those of the other congregations, that is, they
arc binding upon all the faithful if they be formally
universal ; and they are binding only upon the parties
interested if they be merely personal, e. g., judicial
sentences, which are law for the parties in the case.
If, however, they be personal and at the same time
equivalently universal, canonists are not fully agreed
as to their force. For a discussion of this point see
Choupin, op. cit., ch. iv, § 33, and the authors cited
by him.
A QuEMADA, Tract, de fisco inquisilionis (Toledo, 1564); LocATi, Opus judiciale inquisilorum (Rome, 1572) ; Vanderani, Enchiridion inquisilionis (Venice, 1575); Eymericus, Directorium inquisilorum (Home, 1578); Bernardus de Como, Lucerna inquisilorum hwreticcs pracitatis (Rome, 1584) ; Mendez de Vasconcellos, De sentenliis inquisilionis (Rome, 1596) ; De Paramo, De origine el progressu sanctce inquisilionis et de delegata inquisilorum poleslale (Madrid, 1598) ; Idem, Pro defensione jurisdictionis sanctce inquisilionis (Madrid, 1,598); Farinacci, Decisiones criminates de judiciis et lorlura (Vicenza, 1607); Garcia, Processus s. inquisilionis (Madrid, 1007) ; Pena, In- quirendorum hcereticorum lucerna (Milan, 1610); Masini, Sacro arsenale, ovvero prallica delV Officio delta S. Inquisilione (Genoa, 1625) ; Carena, Tract, de officio S. Inquisilionis et modo proce- dendi in causis fidei (Cremona, 1641); Alberghini, Manuale qualificalorum S. Inquisilionis, in quo omnia, qu-s ad itlud tri- bunal ac hccresium censuram pertinent, brevi melhodo adducuntur (Palermo, 1642) ; Sallelles, De materiis Iribunalium s. inquisi- lionis seu de regutis mulliplicibus pro formando quotis eorum miiiislro, prceserlim consullore; prwmissis XII protegomenis de origine et progressu diclorum tribunatium (Rome, 1651); Pena- Carena, Inslructio seu praxis inquisilorum (Cremona, 1655); Rodriguez, Atlegaliones fiscales, seu de confiscatione bonorum in officio sanctce inquisilionis (Lyons, 1663) ; Bordoni, Sacrum tribunal judicum in causis sanctce fidei (Lyons, 1665); Sadssay, Aphorismi inquisilorum (Lyons, 1669); Del Bene, De officio S. Inquisilionis (Rome, 1672) ; Macedo, Schema S. Congregationis S. Officii romani cum elogiis cardinalium (Padua. 1676) ; De Luca, // Cardinate pralico (Rome, 1680), xxv; Albizi, De inconstanlii in fide (Amsterdam, 168.3); Neri, De judice s. inquisilionis (Florence, 1685); Menghini, Regote del tribunate di S. Offizio (Ferrara, 1687) ; Albizi, De inconstanlia in judiciis (Rome, 1698) ; Masini, Sacro arsenale, ovvero pralica dell' offizio delta s. inquisi- lione (Rome, 1730) ; Danieli, Recenlior praxis curice romanw, IV (Rome, 1759), tit. 28; De Luca, Relatio curice romance (Venice, 1759), dissert. 14; Camacho Guerriero de Aboym, De privi- legiis familiarum officiatiumque s. inquisilionis (Lisbon, 18.59); SiMOR, De sacris congregationibus romanis et itlarum aucloritale in ArchiiK f. k. KR., XI (Mainz, 1864). 410-23; .Simor, De s. Con- greg. romanis s. officii el concitii in Archiv. f. k. KR., XV (1866), 133-40; Cad^-NE, De secrelo s. officii in Anal. eccl. (Rome), V, 498; Cauzons, Hist, de I'inquisition en France: I. Les origines de I'inquisilion (Paris, 1909); Antonius Cordubensis, Opus de indulgentiis (Alcald, 1554); Theodorus a .Sp. Sancto, Tract, dogm. moratis de indulgentiis (Rome, 174.3); Falise, S. Congre- gationis indutgentiarum resotuliones authenlicm, pt. I (Louvain, 1862) ; Prinzivalli, Resotuliones seu decrela authentica S. Con- gregationis indulgentiis sacrisque retiquiis pr(Eposit(€ ab anno 1860 ad ann. 1861 accurate coltecta (Rome, 1862) ; Decrela authentica S. Congregationis Indutgentiarum edita jussu et auctoritale Leonis XIII (Ratisbon, 18S3) ; Schneider (ed.), Rescripla authentica S. Congr. Indutgentiarum, nee non summaria indutgentiarum (Ratisbon, 1885) ; Melata, Manuale de indulgentiis (Rome, 1892); Mocchegiani, Collectio indutgentiarum Iheologice, cano- nice ac historice digesta (Quaracchi, 1897); Lbpicier, Le in- dulgenze, toro origine, natura e svotgimento. Opera tradotlo dalV originate inglese del sac. Luigi Cappetli (Siena, 1897) ; Gottlob, Kreuzablass und Almosenablass (1905).
II. Congregation of the Consistory. — This congregation was established by Sixtus V under the title of Congregation for the Erection of Churches and for Consistorial Provisions (pro erectione ecclesia- rum et provisionibus consistorialibus). Its original organization was somewhat different from that of the modern congregations of cardinals. It was a mixed congregation composed of cardinals and of prelates, similar to the original Congregation of Propaganda (De Luca, op. cit., dis. 23). It had also a secretary who, as a rule, was not a prelate but an advocate (peritus togatus). As time went on it took the form of the other congregations, which consisted entirely of cardinals, to whom, in this congregation, two sub- altern officers were added, one who filled the office of secretary and another who acted as surrogate (sosti- luto). These two prelates filled the same offices for the College of Cardinals. Originally, the cardinal
dean was the prefect of this congregation, but later,
the prefecture was reserved by the pope to himself.
The recent Constitution of Pius X has in part changed
the organization of this congregation. The prefec-
ture is still retained by the sovereign pontiff, and the
congregation is formed exclusively of cardinals, se-
lected by the pope ; the secretary, however, is no longer
a prelate but a cardinal priest, who is appointed by
the Holy Father himself and who, as will be seen, has
become one of the most important officers of the
Curia. To the cardinal in control of the congrega-
tion is attached a prelate who has the title of assessor,
and who, at the present time also, is the secretary of
the Sacred College. There is, likewise, a surrogate.
These are major officials, and therefore, together with
the cardinal secretary, form the congresso. This
congregation has numerous inferior officers. At
present, its personnel is completed by several consult-
ors, as had been the case in former times, before that
office was suppressed. These consultors, with the
exception of two, are selected by the pope; the ex-
ceptions are the assessor of the Holy Office, and the
secretary of the Congregation of Extraordinary Ec-
clesiastical Affairs, who are ex-officio consultors of the
Congregation of the Consistory.
The work of the congregation formerly was to pre- pare the matters to be proposed and examined in the Consistory, and to bestow such honours on ecclesias- tics who sought them as it might seem fit to grant. The new constitution, however, has greatly extended the scope of the Congregation of the Consistory, to the degree that, although in that Constitution the lat- ter is named second among the congregations, it might be considered the first in importance, on account of the great number of matters which have been as- signed to it, and its great influence in the affairs of the Church from both the disciplinary and the adminis- trative point of view. The Holy Office, however, retains its priority, whether by reason of ancient cus- tom or because it deals with matters concerning the Faith. The great volume of the business which now falls to the Congregation of the Consistory and the great importance of the matters with which it has to deal have necessitated a division of the congregation into two very distinct parts, corresponding to two distinct classes of business. One section of the con- gregation has been formed for the purpose of preparing the business to be brought before the Consistory; to establish in places, not subject to Propaganda, new dioceses and collegiate as well as cathedral chapters; to elect bishops, ApostoUc administrators, suffragans or assistants of other bishops; to prepare the processes in such cases and to examine the candidates in doctrine. As re- gards these processes, it may be observed that when the appointment is to be made in a place where the Holy See has a diplomatic representative, the prepara- tion of the necessary documents is left to the office of the cardinal secretary of State, which is in a position more easily to obtain the necessary information and to collect the necessary documents. These docu- ments and information are transmitted to the Congre- gation of the Consistory, which prepares the report, or official sheet, on the matter to be distributed among the cardinals. The other section of this con- gregation transacts all the business that relates to the government of dioceses not under Propaganda : within its scope is the supervision of bishops in regard to the fulfilment of their duties, the review of reports on the state of their Churches presented by bishops, announcements of apostolic visitations, the review of those previously made, and, with the approval of the sovereign pontiff, the prescription of necessary or opportune remedies; finally, the supervision of all that concerns the government, discipline, temporal administration, and studies in seminaries.
It is clear that the legislator intended to give to the
