The secretary assists at the meetings of the congregations, and is charged with the duty of recording its resolutions and acts, of transcribing its registers, and of delivering its processes. He also summons the cardinals, presents to them at each session a brief of the causes they are to treat, and gives them, for each of these, a succinct statement of the principal arguments of the parties, with a summary of the documents pertaining to them. This statement is printed upon loose sheets and distributed to the cardinals several days in advance, in order that each may have time to fully investigate the affair. Sometimes this statement is prepared by the cardinal-reporter, hence called the cardinal ponent. The secretary also submits to the pope the sentences of which he is to approve; and, for this purpose, those of the different congregations have a day of special audience before the pontiff. The faculty of giving licenses for various purposes, such as reading prohibited books, etc., etc., is confided to the secretary; also the power to distribute copies of the decrees of the congregation, authenticated by the signatures of the prefect and the secretary, and sealed with the seal of the congregation, which thus become of valid force before all tribunals, and even elsewhere, if they treat of extra-judicial matters.
The secretaries are appointed by the pope himself. They must be bishops, with the title of a church in partibus infidelium, or, at least, prelates of the Roman court. In the Congregation of the Holy Office the secretary is a cardinal.
The secretary has under him a number of inferior officials—a vice-secretary, who supplies his place when vacant; a protocol, who takes care of those records in which are registered current matters of business, with the state of their examination; a master of rolls, who preserves the various documents; and copyists, who prepare duplicates and exemplifications. All these are under his control, and for them all he is responsible. They are chosen at a general session and hold office for life. They rank in the order of their seniority. Their remuneration is moderate, but they enjoy it during life, even when sickness or old age prevents the fulfilment of their duties.
To these congregations, moreover, are attached a number of theologians and canonists, who act as counsellors in the investigation of different questions, and assist with their advice those cardinals whose place it is to determine causes. These also are appointed for life by the pope, and, as they are generally taken from the religious orders, they are never absent or obliged to leave Rome without the permission of the congregation.
These counsellors prefer their opinions in various forms, according to the character of the congregation. Sometimes one of them is requested to present a written solution of some especial question; sometimes they are all summoned to hold a united deliberation and give their collective vote before the cardinals.
The parties who appear before these congregations are represented in their presence by proctors and advocates. The proctors act in the same capacity as our attorneys. They are the true defenders of their cause by law and in fact. They compose the petitions, digest the informations, and direct the whole proceedings. Their profession is very honorable, but not open to every one.
Advocates are employed only in matters of higher importance, and seldom except in those of abstract law. They disengage, as far as possible, every question from the circumstances of fact which surround it, and examine it doctrinally from the most elevated point of view. Their profession is free; but in order to exercise it one must be a doctor of civil and canon law, and consequently must have spent four years in study at the Sapienza, or three years at the Apollinaria. They are not limited in number, and are permitted to appear before any of the congregations. There are also special advocates belonging to the consistory, who deal only with the process of canonization. All of these are men well versed in theological learning, canons, councils, ecclesiastical history, civil and canon law, and by their own erudition contribute vastly to the advancement of jurisprudence.
Besides proctors and advocates, there are also solicitors who take charge of various transactions and proceedings, hasten on investigations, and are employed in extra-judicial affairs.
The method of procedure before these congregations differs according to the congregation, the nature of the business, and even the will of the parties themselves. It may likewise be distinguished into the ordinary, the summary, the inquisitorial, etc., etc., and is regulated by positive rules or by custom. They are well known to all, and, in practice, never give rise to any confusion.
We do not desire here to enter into details concerning these different modes of procedure. We can only go so far as to make known their general character, and to compare it with our own civil proceedings, which are sometimes, we think groundlessly, supposed to be a model for all others.