That which is especially remarkable about these institutions is the protection which they give to private interests, since the submission of each affair to the scrutiny of many persons is a security for knowledge, independence, and impartiality in its decision. Moreover, these institutions preserve the customs and the character of an ecclesiastical government. We have mentioned the relationship of bishops and their chapters. Every chapter was subdivided into commissions, to each of which a separate part in the administration of the diocese was assigned. One had the spiritual and scholastic direction of the episcopal seminaries; another, that of the temporalities; and still another, the examination and reception of the candidates for the priesthood. These commissions bear a certain resemblance to the Roman congregations. The latter were established by the voluntary action of the sovereign pontiffs. The Council of Trent was not occupied with them. It regulated diocesan administration as it believed useful, but it left the administration of the universal church to the wisdom of the popes; so that precisely at the time when its enemies think they can detect tendencies on the part of the holy see to absolutism, the pontiffs without constraint, but of their own accord, organize those institutions which are the best safeguards against the dangers of absolute power.
In reckoning up the number of those who, under different titles, take part in these labors, we discover that the Roman congregations form an entire assemblage of five hundred persons, all illustrious for their piety and learning. Many councils have been less numerous. These constitute a sort of permanent council, which is in daily communication with all the churches of the world, and which, not being limited in duration, can bring to the questions which are submitted to it all desirable deliberation. Perfect order presides over its labors. Like the councils, it is divided into sections, to which the members are assigned according to their peculiar aptitudes. These sections, which are the congregations properly so called, are permanent also, and consequently are enabled to devote themselves to the study of all the branches of ecclesiastical administration for the purpose of determining its principles. Finally, like the councils themselves, they draw their authority from the sovereign pontiff, and their decisions are subject to his approval.
The attributes of these congregations are manifold and various. They may be arranged under three principal heads: administrative, deliberative, and judicial.
The Roman congregations are the supreme directors of ecclesiastical administration. The sovereign pontiff adopts no measures which affect the government of dioceses, the communities of religious, the missions, or the ceremonies of the ritual; he grants no faculties or dispensations; he fills no important position in the church, until the congregation to whose sphere the case belongs has been summoned to consider it. Often, indeed, the congregation itself first perceives the necessity to be provided for. If it be a matter of small moment, the president or secretary of the congregation, either by virtue of his office or by special concession, will render a decision. If the matter is of higher consequence, it is previously submitted to the pope, and a decision rendered, as it is called, ex audentia summi pontificis. If it is of the highest character, it will receive special care and be considered in a full congregation. In every case these acts derive their administrative power from the authority given to the sovereign pontiff over the church. They use this power, manifesting itself in council, with the assistance of renowned and holy men and in a manner worthy of him who made the world with number, weight, and measure.
These congregations have also to resolve the doubts which arise upon different points of canon law. Sometimes propositions in the abstract are submitted to them for the determination of discipline or ceremonies; sometimes they consult upon the application of a general law to some particular case which does not seem to come entirely within its provisions. They occupy in the church the place of a central light to which every one, prelate or layman, king or simple citizen, may come for illumination. They are not only the adviser of the sovereign, but of all his subjects. No institution of the secular power can be compared to them. He who has doubts upon the interpretation of civil law is able to consult its doctors and professors only in detail. The council of state has no power to respond to individuals who interrogate it; its advice is given only when the government demands it. The courts can render only concrete, particular decisions upon stated cases. More liberal than the state, the church holds its wisdom at the disposal of every conscience. It responds to all, and, without regard to the dignity of persons, it investigates with the same care the questions they propound; for it always acts for the salvation of souls, and considers every soul redeemed by the blood of Christ as of infinite price.
The method of procedure in these deliberations shows the care which the church exercises over every matter of this nature. The question is first examined and discussed in a "consultation;" which document is referred to all or a portion of the members, according to the nature of the affair and the usages of the congregation. The consultors are advised with. The question is submitted to the judgment of eminent cardinals united in full congregation. The decision is laid before the pope, whose approval must be obtained before its promulgation. Then this decision becomes an authentic interpretation of law, not merely on account of the official authority of the congregation, but on account of the approbation of the sovereign pontiff. It possesses legislative authority and has the force of law. Further on we shall see that although these congregations, being officially invested by the holy see with the right of interpreting law, render definitive decisions which are indisputable and cannot be raised by any other authority, yet they are not thereby to be considered as infallible. Their judgments are obligatory because supreme, not because they are infallible.
Finally, these congregations are the final tribunals for the determination of ecclesiastical causes. Sometimes these causes are brought by way of appeal from the decrees and sentences of the ordinaries of different places. Sometimes the parties submit directly to their decision questions never before raised at an inferior tribunal. All these congregations possess judicial powers, and are able to resolve contested cases. The chief of those to which appeals are taken are, however, the Congregation of the Council and the Congregation of Bishops and Regulars. The causes thus submitted are both civil and criminal. The Congregation of the Holy Office is the supreme tribunal for the crimes and misdemeanors which concern faith, such as heresy, polygamy, detention of prohibited books, infraction of fasts, the celebration of mass, and the administration of the sacraments by men who are not priests, the public veneration of unbeatified dead, and the superstitions of astrology and false revelations. The Congregation of Bishops and Regulars is the ordinary judge of appeals in those criminal causes which do not come under the jurisdiction of the Holy Office. The Congregation of the Council determines those cases which are specified by the Council of Trent.
These congregations, fifteen in number, are as follows:
1. The Congregation of the Holy Office, established by Paul III.
2. The Congregation of the Council, established by Pius IV.
3. The Congregation of the Index, established by Leo X.
4 and 5. The Congregation of Bishops and Regulars, established by Gregory XIII. and Sixtus V.
6. The Congregation of Rites, established by Sixtus V.
7. The Congregation of Schools, established by Sixtus V.
8. The Congregation of the Consistory, established by Sixtus V.
9. The Congregation of the Examination of Bishops, established by Clement VIII.
10. The Congregation of the Propaganda, established by Gregory XV.
11. The Congregation of Ecclesiastical Immunities, established by Urban VIII.
12. The Congregation of the Residence of Bishops, established by Clement VIII. and Benedict XIV.
13. The Congregation of Indulgences, established by Clement IX.
14. The Congregation of Extraordinary Affairs, established by Pius VII.
15. The Congregation of Oriental Rites, established by Pius IX.