The Catholic World, Vol. 10, October, 1869 to March, 1870Various
Religion
The Catholic World, Vol. 10, October, 1869 to March, 1870
Various
Catholic Church -- Periodicals
The French magistracy with good reason congratulates itself on the
establishment of an association designed to secure to the poor
the gratuitous defence of their just rights. Rome has long since
possessed a similar institution. This is the Society of Advocates,
which assembles on fête days to receive and reply to the inquiries
of the indigent. Among the obligations of the consistorial advocates
is that of defending the causes of the poor before their respective
tribunals. In criminal cases there are especial advocates for the
poor. Among the proctors there are certain ones appointed for the
poor, one by the pope, the others by the different societies.
Finally, the Society of St. Ives is particularly charged with the
protection of the indigent; and such are the customs among the
members of the Roman bar that none ever refuses his services to the
unfortunate who seeks them.
The Roman congregations are not mere tribunals instituted by the
holy see with a delegation of powers, which leaves the supreme
authority still in the hands of the sovereign pontiff, and allows a
right of appeal from their judgment to his. They are the holy see
itself, rendering its decisions by the mouths of its cardinals. Canon
law recognizes their jurisdiction as ordinary and not delegated.
Delegated jurisdiction is a mandate which confers upon the mandatary
certain special favors distinct from and inferior to the powers of
the mandator. Ordinary jurisdiction is an actual communication, which
unites the mandator and mandatary in one single tribunal, and makes
the one the simple organ of the other. Numerous passages of canon
law justify this conception of these congregations and render it
incontestable as a legal conclusion.
The nature of the decisions which they render makes the point still
more certain. They issue general decrees promulgated by order of the
sovereign pontiff, which consequently obtain the force of law in all
places in the same manner as the pontifical constitutions, from which
they do not essentially differ. Such are the decrees of the Holy
Office, of the Index, and certain of those of the Congregation of
Rites, of that of the Council, and of that of Bishops and Regulars.
They also render interpretations of existing laws, and these enjoy
a supreme and universal authority, as if they emanated directly
from the sovereign pontiff, since they are both submitted to and
approved by him. In fine, the sentences which they render in private
controversies are, equally with the rest, submitted to the pope;
though without this sanction, and from the ordinary powers of the
congregations, they would be obligatory upon all, and would become
the rule of other tribunals, since for this purpose especially were
these congregations instituted as courts of final judicature.
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