ROMAN
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ROMAN
The Congregation of the Holy Office defends Catho-
lic teaching in matters of faith and morals: "Haec S.
Congregatio . . .doetrinam fidei et morum tutatur. "
Whence it follows, and is exphcitly affirmed in the
"Sapienti consilio", that the Holy Office deals with
all matters which, directly or indirectly, concern faith
and morals; it judges heresy, and the offences that
lead to suspicion of heresy; it applies the canonical
punishments incurred by heretics, schismatics, and
the hke. In this the Holy Office differs from all the
other congregations, which arc without judicial power,
or, at least, may exercise it only at the request of the
parties interested, while the Holy Office has both
judicial and administrative power, since the legislator
rightly beheved that the congregation exclusively
empowered to pass upon a doctrine, and qualify and
condenm it as heretical, should also be the judge in
heretical and kindred cases. From the fact that the
purpose of this congregation is to defend the Faith,
it follows that dispensation from the iinpediments
of disparity of worship and of mixed religion (which
by their nature imperil faith, and which, by Divine
law itself, is granted only upon guarantees given by
the non-Catholic party) pertains to the Holy Office.
The same is true of the Pauline privilege. And as
the judicial causes connected with this privilege and
with impediments of disparity of worship and mixed
rehgion have a remote connexion with the Faith, it
was declared that these causes belonged to the juris-
diction of the Holy Office (see decision of the Cong.
of the Consistory, January, 1910). With regard, how-
ever, to the substantial form of the celebration of
mixed marriages, the pope withdrew all authority
from this congregation, wishing article 11 of the
Decree "Ne temere" to remain in force.
The Holy Office formerly had a more ample juris- diction, acquired by spontaneous development as time went on. Thus it dispensed from abstinence, from fasting, and from the observance of feasts (all of which now pertains to the Congregation of the Council); it dispensed from vows made in religious in.stitutions, a function now exercised by the Con- gregation of Religious, and it dealt with the nomina- tion of bishops, according to the Motu Proprio of Pius X (17 December, 190.3), which business now belongs to the Congregation of the Consistory. In former times the Holy Office even dealt with causes of can- onization, a matter which is now assigned to the Con- gregation of Rites. Grimaldi (op. cit. infra in general bibliography) gives as an example of such cases the Decree of the Holy Office in confirmation of the cult of the Blessed Colomba of Rieti, who died in the odour of sanctity at Perugia in 1507; and he adds: "Ce genre de causes est devenu ensuite I'apanage de la congr6gation des Rites; mais si la vraie saintet6 6chappe actuellement k la juridiction de I'inquisition, ce tribunal a conserve le privilege de juger la faus.se 8aintet6. Dans cet ordre d'idec^s nous trouvons les proems, oui se font en cour de Rome pour examiner les proprieties et revelations" (Causes of this kind afterwarfls became the province of the Congregation of Rit(!H. Hut if true sanctity is no longer the juris- diction of the Incjuisition, that tribunal has kept the privilege of judgmg questions <jf spurious sanctity. Of this order are the proces-ses carried on in the Roman Curia to examine prophesir-s and revelations). All perwjnH an- subject to the IIolv Office except cardi- nals, who rnay be judged only fjy the pope.
Mention should be ma/le of th(; strict secrecy which charact<'rizeH the procofdings of this congregation — a most prudent measure indeed, Utr the protection of the good name of individuals in a congregation which must deal with most grievous offences against the Faith. Grirnaldi fop. cit.) rightly says, speaking of the secrecy of the Holy Office: "Ix; saint-office ayant k s'occup<!r des d^lits commis non seulement contre la foi, main encore d'autrea qui ne reinvent que de trds
loin de Fintelligence, il s'ensuit qu'^tre cite h ce tri-
bunal n'est pas une recommendation, et en sortir,
meme par la porte d'un acquitement, ne sera jamais
un titre de gloire. Aussi doit-on b^nir ce mystere
qui protege celui qui comparait devant ce tribunal,
et dont le proces se d^roule sans qu'aucune phase n'en
ait transpire dans le public" (As the Holy Office has
to deal not only with offences against the Faith, but
also with others which are very remotely connected
with the intelligence, it follows (hat to be ciled before
this tribunal is no rccomtnentlation, and to leave it,
even by the door of accjuiltal, will never be a title to
glory. We should bless that mystery which protects
him who apjjears before the tribunal and whose trial
proceeds without any phase of it becoming public).
For the discussion of matters before the Holy Office there are three kinds of reunions, or, as they are called, congregations. The first is the so-called con- gregation of the consultors at which the consultors and the greater officials of the congregation are pres- ent under the presidency of the assessor. This meet- ing is held on Monday of each week in the Palace of the Holy Office behind the colonnade of St. Peter's. The most important matters are discussed at this meeting, and the views of the consultors are given for the enlightenment of the cardinals of the Holy Office, who, on the following Wednesday, consider the same matters and pass judgment upon them at the congre- gation of cardinals which used to be held at the resi- dence of the general of the Dominicans near Santa Maria sopra Alinerva, but since 1870 has been held at the Palace of the Holy Office. The third congre- gation is held in the presence of the pope, w^ho ap- proves or modifies the decisions rendered by the car- dinals on the previous day. This third congregation, formerly held every Thursday, is now held only on occasion of the most exceptional cases. Instead of the congregation, the assessor refers the decisions of the cardinals to the Holy Father on Wednesday evenings, after which the pope gives the final decision. It was formerly customary, both at the congregation of cardinals and at that of Thursdays in the presence of the pope {coram Sanclissimo), for the consultors to wait in the antechamber in case they might be called upon by the cardinals or tin; 11()1>- Father for explana- tions. This custom has been al)()li.shed.
As regards the doctriiuil value of Decrees of the Holy Office it should be observed that canonists dis- tinguish two kinds of ajjjjrohation of an act of an in- ferior by a superior: first, approbation in common form (in forma communi), as it is sometimes called, which does not take from the act its nature and qual- ity as an act of the inferior. Thus, for example, the decrees of a provincial council, although approved by the Congregation of the Counciil or by the Holy See, always remain provincial conciliar decrees. Secondly, specific approbation {in forma spccifica), which takes from the act approved its character of an act of the inferior and makes it the act of the superior who approves it. This approbation is vmderstood when, f<jr example, the pope ai)i)roves a Decree of the Holy Officer; ex cerla scientia, motu proprio, or plenitudinc sucb polvMdlis. Even when sj)ecifically ap- proved by the pojx-, decrees of tlu; Holy Office are not infallibh;. They call for a true assent, internal and sinc(!r(!, bul^ they do not imf)()se an absolute assent, like the dogmatic definitions given by the poi)e as in- fallible teacher of flu; laith. The reason is that, al- though an act of this congregation, when approved by the pope spcicifically, becom(!S an act of the sovereign pontiff, that act is not ncu-essarily clothed with the infallible autliority inherent in t,h(! Holy See, since the pope is fre(^ to rnak(! th(! act of an inferior his own without applying his j)ontifical prerogative to its per- formance. Similarly, when he acts of his own voli- tion, he may teach ex cat h<!dra or he may teach in a leas decisive and solemn way. Examples of specific ap-
