ROMAN
140
ROMAN
Congregation of the Consistorj' complete authoritj'
in all that relates to a diocese as a juridical institu-
tion, including its establishment and its conservation;
whence the power of electing bishops, of supervising
them in the performance of their duties, and of con-
trolhng the seminaries so intimately connected with
the future of the dioceses. For the same reason it
would appear that the Congregation of the Consis-
tory has authority in all that pertains to the creation
of diocesan societies or committees, rural banks, and
kincb-ed establishments within a diocese. On the
other hand, a ven,' high function was given to this
congregation in the new organization of the Curia,
namely, the power of settling any doubts in relation
to the' competencj' of the other congregations, excep-
tion being made for the Holy Office, which is em-
powered to determine for itself all such doubts.
Nevertheless, the Holy Office did not disdain to
submit to the judgment of the Congregation of the
Consistory a question that arose in regard to the com-
petency of the former, after the promulgation of the
Constitution ' ' Sapienti consilio " . It is the duty of the
Congregation of the Consistory to send to bishops the
invitations to assist at solemn canonizations or other
solemn pontifical ceremonies, according to ancient
custom.
Its proceedings are characterized by the same strict secrecy that marks the dehberationsof the Holy Office. As to the division of business between the congresso and the full congregation of cardinals, the same ar- rangement obtains as in the other congregations, which is to leave to the congresso the matters of minor importance while matters of greater interest are con- sidered in the full congregation. Among such mat- ters are the nomination of bishops or of Apostolic administrators (except, in regard to the latter, in cases of urgency, in which the congresso acts alone), the creation of new dioceses, or the unification of existing ones, the erection of chapters, the drafting of general rules for the direction of seminaries, and other similar matters the enumeration of which would take us beyond the necessary limits of this article.
Marcelli, De sticris coerem. sire rilib. eccl. S. R. E. (Rome, 1.560J; Paleotti, De Sacri consistorii consultationibus (Rome, 1592); Gabrielli, Tract, de sacri consistorii consuUationibus (Ven- ice, 1.594); CoHELUCB, Xolitia cardinalatus . . . Congr. VII pro erectione ecclesiarum et provision, consistorial. (Rome, 1653) ; Luna- DOBO, Relazione della corte di Roma (Venice, 1664), cap. vi, Delia eonoreg. concist.; Plettenberg, Notilia congregationum et tribu- nalium curiw romance (Hildesheim, 1593) ; De Matta, De conHilorialibus causis (Naples, 1694) ; Flatus, Tract, de cantinalis dignilate et officio (Rome, 1746), cap. xxviii; App. un. de Consis- torio et de S. R. E. cardin. Congreg. ac de aliis Papw magistral.; Dameu, Reeentior praxis curice romance (Venice, 1759) ; De Luca, Rel. cur. rom. 'Cologne, 1683), il cardinale pratico, cap. xxx ddla Congreg. Concist.
III. Congregation of the Sacraments. — This congregation, which owes its existence to the recent Constitution "Sapienti consilio", exercises a great influence upon ecclesiastical discipline through the authority given to it in its establishment, to regulate all Ba^;ramental discipline. Its numerous and impor- tant dutir^s were formerly divided among the other crjngregations and offices. As regards matrimony, for example, causes of matrimony ratified and not con- summated were referred to the Congregation of the Council, dispensations for the external forum were grantf^i by the Dataria or, in certain cases, the Pfjcni- tentiaria; many matters relating to the Sacrament of the Eucharist bfloriged Uj the Omgregation of Rites. Many other examjjlcs could be cited; now, how(!ver, all such matters pertain U) the Congregation of th(! Sacraments, excepting the rights of the Holy Office, an said alxjve, and the power of the Congregation of Ritfrs to deU-rmine all that concerns the ceremonies to be obwrved in the aflministration of the sacra- ments. With w» wide and important a field of afitiv- ities, this congregatifm required a special organiza- tion. Accordingly, besides its cardinals, one of whom is its prefect, it has a secretary, who deals with all the
matters referred to it, and who was later given three
sub-secretaries — a feature in which it differs from all
other congregations. Each one of these sub-secre-
taries is the director of one of the folloNsang sections
of the congregation.
A. The first section deals with all matrimonial dis- pensations, except those that imply disparity of re- ligion, which pertain to the Holy Office. With regard to these dispensations it is important to note the dis- tinction introduced by the Special Rules between impediments in the major degree and impediments in minor degree, and correspondingly between major and minor dispensations. Minor dispensations concern impediments of relationship or affinity of the third and the fourth degrees in the collateral line, whether of equal degrees, or of unequal degrees — i. e., of the fourth degree with the third or of the third degree with the second. Minor dispensations are also given from impediments of affinity in the first degree, or in the second degree, whether simple or mixed — i. e., of the first with the second degree — when this impediment arises from illicit relations, or from spirit- ual kinship of whatever nature, or from impedi- ments of public decorum, whether arising out of es- pousals or out of ratified marriage already dissolved by pontifical dispensation. Dispensations from these minor impediments are now granted ex rationalibus causis a S. Sede probatis, which means that none of the reasons formerly required, called canonical, are now necessary for obtaining the dispensations in question. Moreover, the.se dispensations are supposed to be given motii proprio and with certain knowledge, from which it follows that they are not vitiated by obreption or by subreption. The other impediments, and there- fore the other dispensations, are considered as of the major order, and the Special Rules show that the dis- pensations of this order more frequently granted are those relating to the impediment of consanguinity in the second collateral degree, or the mixed second or third degree with the first ; those relating to affinity of the first or of the second equal collateral degree, or of the second or third with the first; finally, those re- lating to crime arising from adultery with a promise of future marriage.
B. The second section of the Congregation of the Sacraments also deals exclusively with matrimony, and exercises its functions in all matters concerning that sacrament, except dispensations from impedi- ments. Of its competency, therefore, are the concessions of .'^analio in radice, the legitimation of illegitimate cliildrcn, (lisi)en.sationsfrom marriage rati- fied and not consuimnatcd, the solution of doubts con- cerning matrimonial law, and the hearing of causes concerning the validity of marriages. In regard to the latter, however, it is to be noted that, the new Constitution on the Curia having established a com- plete separation between those departments which exerci.se judicial power and those which are adminis- trative, and, on the other hand, the very nature of matrimonial cau.ses making it impo.ssible to deter- mine them administratively, this power granted to the Congregation of the Sacraments should be inter- preted reasonably, in such a way as not to be at vari- ance with the spirit of the new Constitution. It seems, therefore, that this faculty should be held to signify only that, in special cases, in which the sover- eign poni'iff, for si)e('ial reasons, might consider it desirable to withdraw a matrimonial cause from the Rota, and submit it to the judgment of a congrega- tion, the Congregation of the Sacraments should be considered the competent congregation under such circumstances. It must be admitted, further, that if a matrimonial cause be brought before this congre- gation, the congregation may, if it please, hastily re- view any matrimonial cause brought before it and reject it, if found futile, ah i])so limirve. If, however, the cause be found admissible, the congregation should
