The Catholic World, Vol. 10, October, 1869 to March, 1870

by Various

We select, as a type of the whole, the usages of the Congregation of the Council. This congregation receives appeals from the sentences of ordinaries, and also causes submitted to it by the consent of the parties; the latter being equally proper with the former, provided the rules are equally observed. These causes are usually commenced by the sending of a summons to the opposite party through a public official, in the same manner as in civil processes. At the outset, however, a particular formality, called the settlement of the question, is observed. The object of this is to determine the precise point upon which the decision of the congregation is desired. For this purpose it is necessary that an issue be joined between the adverse parties, upon some definite proposition.... This is done either by the parties themselves or their proctors, in presence of the secretary of the congregation, and, in their default, the secretary himself explains it in writing, or, when requisite, the congregation is called to determine it.

This summons for the settlement of the question is served fifteen days before the date of the proceeding itself. At the same time, the original and authenticated writings which the parties have employed, as well as a statement of the facts, signed by the proctor, must be deposited at the office of the secretary. If judicial inquests and the deposition of witnesses are necessary, they are taken by the ordinary in the capacity of judge-delegate, the congregation not being able to act at a distance. The procès-verbal authenticated and duly legalized, are transmitted to it; but as the causes generally come before it by appeal, all these investigations of fact are previously concluded, and the ordinary sends forward the entire papers of the case.

The defences of parties are presented in written memorials in the Latin tongue, signed by an advocate or by a proctor approved by the Roman court. These memorials are deposited with the secretary and communicated to the complainants, as are also copies of all documents that are produced, in nearly the same manner as in the highest civil tribunals. These memorials are in turn succeeded by written replications, signed and filed in the same way. Unless by special permission, the memorials are limited to five printed sheets, and the replications to two. In case of negligence, the proctor is liable to a penalty. No supplementary writings are admissible.

From these papers the secretary makes memoranda, briefly setting forth the whole affair and the principal arguments, the facts and the law, as claimed by the parties, all of which, together with the defences and replications, are printed and distributed in duplicate to the cardinals. These, then, receive separately the parties with their advocates and listen to their explanations, if they judge any to be useful to their cause. These interviews are not, however, secret. Both adversaries have their audiences, and they contribute very much to elucidate doubtful matters.

The day of decision is fixed by the secretary. There is never any delay except for the greatest reasons. The production of the defences must take place at least thirty days before that of final judgment. The printed memoranda are distributed at least six days before it. The circulation of the papers and supplemental documents is finished in the same interval. The audiences to parties are granted within the last four or five days which precede. The distribution of replications is made at latest the day before the session. After this, no notice is taken of any testimony or document produced by one of the parties, unless with the consent of the other.

There are no contradictory pleadings, no public audiences. Every thing is done in writing. The cardinals, well instructed in the cause from the defences, replications, documents, memoranda of the secretaries, and the previous verbal explanations of the advocates, assemble on the appointed day and deliberate out of the hearing of the parties. This deliberation is secret, and sometimes takes place between two audiences.

After judgment is rendered, the losing party has ten days in which to petition for a new trial for the revision of the sentence by the same congregation. The prefect grants this petition; the new hearing takes place at the end of three months; and the party who demands it, if defeated, defrays the expenses.

When sentence has been rendered, and has become of full force as a judgment, an exemplification of it is transmitted to the winning party, who presents it at the executive office of letters-apostolic and of decrees of congregations, in order that it may be couched in the requisite formularies.

The proceedings before the Congregation of Bishops and Regulars closely resemble those before the Congregation of the Council. The delays are somewhat shorter, but the ordinary procedure is the same. Before both of them there is also a species of process more swift and summary, to be employed when the parties desire it, or the nature of the business demands it. Moreover, in the latter congregation it is the secretary who renders its decision.

We have seen that appeals in criminal cases are taken from the diocesan courts to the Congregation of Bishops and Regulars, except when the nature of the offence brings it within the cognizance of the Congregation of the Holy Office. This appeal must be entered within ten days after the promulgation of the judgment. After the appeal is perfected, the diocesan court transmits to the congregation a budget which includes: 1, the process which was instituted in the first instance; 2, the brief of this process and the note of that which followed; 3, the defence of the accused; 4, the sentence. At the same time the court signifies to the accused and his advocate that they are now to prosecute their appeal.