The first of these congregations, as well in the order of their importance as of their origin, is that of the Holy Office. The principle upon which it is based, although violently attacked in our day, is certainly incontestable. Man has no right to propagate error; for error is an evil which causes public disturbance and disorder, and is especially dangerous to the ignorant and feeble, of whom the greater part of mankind is composed. Civil tribunals and temporal governments never hesitate to use this right as one necessary to their self-preservation. It is not, therefore, surprising that the church claims it, since it is a perfect society, and owes to itself the duty of self-protection. Rather should it exercise this right with the most unquestioned authority, being itself infallible, and able to discriminate with absolute exactness between truth and error.
Twenty years before the conclusion of the Council of Trent, by a bull dated July 2d, 1542, Pope Paul III. established the Congregation of the Holy Office, composed of six cardinals, for the increase and defence of the Catholic faith. The successors of Paul III. confirmed this congregation and increased the number of its members. Sixtus V. solemnly recognized its existence in 1588, in his bull Immensa Æterni. This congregation is usually presided over by the pope himself.
The Congregation of the Council was established by Pius IV., in order to carry into effect the decrees of the Council of Trent, and received from Sixtus V. the faculty of interpreting, with apostolic authority, all the disciplinary canons of that august assembly. The Council of Trent was bound by no precedents in regulating particular points of discipline. It reviewed the whole body of canons, confirming whatever in the former law ought to be preserved, completing what was lacking, and publishing a full code of ecclesiastical discipline. In spite of the care with which all these new dispositions had been made, difficulties soon began to arise as to their interpretation and application. The council had foreseen this, and left it to the sovereign pontiff to provide for the necessity. On this account, the pope instituted a permanent tribunal, composed, at the outset, of those cardinals who had assisted at the council, who understood its spirit, and knew how best to preserve and transmit its traditions. This was the Congregation of the Council. The religious orders already possessed an analogous institution. That of Citeaux had always had some one power charged with the duty of interpreting the rule. A similar tribunal is indispensable in every well-ordered state. It guards the law from the deviations of custom, and the abuse of private interpretation. It affords to it unity and fixedness. Every modern government has its supreme court of appeals, which exists almost solely for this object. But the institution of these latter is comparatively recent, while the church has possessed hers for many ages, and, in fact, gave to those of the state the first impulse and example.
The Congregation of the Index was established by St. Pius V. Its powers were afterward extended and confirmed by Gregory XIII. in 1572, by Sixtus V. in 1588, by Clement VIII. in 1595, and by other sovereign pontiffs. The principle upon which its authority reposes is indisputable. In every age the church has restrained the propagation of false doctrines and prohibited the perusal of such books as were dangerous to faith and morals. The invention of printing, in 1450, constrained it to watch with increased solicitude for the accomplishment of this duty. In 1513, the fifth Council of Lateran forbade the publication of any book without its previous examination by the ordinary of the place. The efforts put forth for the spread of Protestantism called for efforts still more vigorous in defence of the church. The Council of Trent reënacted the laws concerning the Index. It published the ten rules which are now regarded as the germ of all modern legislation concerning the press. The establishment of this congregation was but the organization and practical realization of those principles which the church has always recognized, and of which all states to-day admit the necessity.
The Congregation of the Index examines books and forbids those which are false and immoral. Christians have need of some learned and impartial authority to designate for them such books as they ought not to read, and all sincere men admit the usefulness of this warning; for many books are certainly unprofitable and injurious to every one. Even though civil governments have criticised the rules of the Index, they have not hesitated to adopt and use them as the nucleus of their legislation concerning the press. The oath imposed upon printers and booksellers, the deposit of a copy of each work before it is offered for sale, the obligation of placing upon the title-page the name of the printer, and of the signature of the writers to articles in newspapers, are all embodied in the rules of Clement VII. The prescriptions of the Index forbid the distribution of manuscript and printed books which have not been duly approved, in the same manner as the state prohibits those which have not been duly stamped; except that the church has not invented stamps, nor does a revenue result from its prescriptions. Moreover, the state demands an approbation, or, in other words, exercises a censorship, which, though now very greatly decried, is still enforced in regard to plays, and, when occasion demands, to other publications also. There is merely this difference, that the church causes its books to be examined by bishops, by cardinals, by men who are at once learned and impartial, while civil governments confide this responsibility to men who are often more ignorant and less careful of morality than the authors whom they control. The state has indeed adopted the institution of the church, but it has greatly perverted it.
The decisions of this congregation are binding in all places; not because the tribunal is infallible, but because it is supreme, and because the popes have extended its authority over the whole church. Some, like the Gallicans, have claimed the validity of their contrary usages; but no custom can avail against law, especially when it is universally acknowledged that the power of the lawgiver extends over the whole world, and that no person, whatever his rank, or titles, or privileges, is exempt from its decrees.
The Congregation of Bishops was established by Gregory XIII. The Congregation of Regulars, which was afterward established by Sixtus V., was, at a still later day, united to that of Bishops. This congregation, which is one of the most busy of them all, occupies in the church a sphere analogous to that of a council of state. It possesses administrative faculties. It deputes visitors apostolic to different provinces, appoints vicars in dioceses whose bishops become incapacitated, and sends forth religious to visit the houses of their several orders. It is the natural protectress of charitable institutions. It approves of the sales, exchanges, and pledges of the property pertaining to churches and monasteries. It has also deliberative attributes, and decides upon questions submitted to it by bishops, religious houses, and institutions; except such as may involve the interpretation of the canons of the Council of Trent. It has prepared the greater part of the bulls which have been issued during the past three hundred years. In short, it exercises an administrative jurisdiction over, and decides disputes which arise between, different churches, bishops, chapters, orders, and religious, and whatever other matters of controversy directly concern the clergy. Its prompt method of procedure causes even lay people, who voluntarily submit their cases to Rome, to prefer its jurisdiction. It does not adjudge according to the vigorous strictness of the law, but endeavors, as far as possible, to appease the parties and reconcile their disagreements. Appeals in criminal cases, except where the offence is within the peculiar cognizance of the Holy Office, are also brought before this congregation.
We are not able to examine each of these congregations in detail. All possess the same characteristics of wisdom and prudence which distinguish every institution established by the popes. The Congregation of Rites was organized for the preservation of traditional vestments, liturgies, and worship, and to prevent that incessant change which degrades state ceremonial, and often rashly increases its expenses. The Congregation of Schools corresponds to our boards of public education; though the latter are of extremely recent origin, while the former has subsisted since the age of Sixtus V. The Congregation for the Examination of Bishops receives testimonials concerning the doctrine and habits of candidates for the episcopate. It fills the place of a court of inquiry, from which proceed nominations of public officers, even of the highest rank; where influences of every kind antagonize each other; where titles are forgotten; and where the aptitude of every candidate, intellectual and moral, is carefully scrutinized.
These various congregations become, however, safeguards of truth and freedom, not only by the variety of their faculties, but also by their internal structure and their methods of procedure. Each of them is composed of a cardinal-prefect, of a certain number of cardinals, and a secretary. To this the Congregation of the Holy Office, which is presided over by the pope himself, forms an exception.
The prefect is charged with the arrangement of the business of the congregation. He manages the preparation of causes prior to their discussion. He submits them to the examination of his colleagues, and presides at their deliberations. After the debate has terminated, he receives their suffrages and announces their decision. He also examines into those matters which are settled at a private audience with the pope, without being brought before the whole congregation, and his words give publicity to the decisions which he receives from the living voice of the pontiff himself. Finally, he determines alone certain matters of minor importance, which, on that account, are neither brought before the congregation nor the pope. He receives his appointment from the sovereign pontiff, and holds his office during life. When he is absent, his place is supplied by the oldest cardinal of the congregation, and, at his death, the cardinal-secretary of state places his signature to the nomination of the new prefect.