Acts of Roman Congregations - Use

Use

Their use is determined by their special character and value, according as they are sentences, or declarations and so forth. Moreover, besides settling the cases for which they are issued, they are often useful for professors of canon law and moral theology in discussing disputed questions, as well as for judges in the prudent administration of justice; on the other hand, all, especially clerics, may find, even in those that are not universal, safe directions in matters of religion and morality. This directive effect is all the more reasonable as these acts come from men of learning and experience, well qualified for their offices, who devote the most careful study to each case, according to its relative importance.

Decisions of lesser moment are given by the cardinal who is at the head of the Congregation, in a meeting (congresso) composed of the same cardinal, the secretary, and some other officials of the Congregation. More important matters are decided only by the general Congregation. Before the Congregation meets to take action in affairs of major importance, each cardinal has been fully informed of the question to be treated, by means of a paper in which the matter is thoroughly discussed, and all points of fact and law connected with it are presented, with reasons for both sides. The cardinals then discuss the matter in their meeting, and the decision is reached by voting. These decisions are brought to the Pope for his consideration or approbation in all cases in which custom or law prescribes such procedure. Ordinarily this approval is not legally of such a character as to make these decrees "pontifical acts"; they become such only by the special confirmation, termed by canonists in forma specificâ, which is seldom given. Finally, the act is drawn up in due form, and, having been sealed and signed by the Cardinal Prefect of the Congregation and the Secretary, is dispatched to its destination.

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