PROCURATORI DEI SACRI PALAZZI APOSTOLICI (SACRI PALATII APOSTOLICI CAUSARUM E COLLEGIO PATRONI O PATRONI DE CURIALES SACRI PALATII)

PROCURATORS OF THE SACRED APOSTOLIC PALACES (Sacri Palatii Apostolici causarum e Collegio patroni or Patroni de curiales Sacri Palatii). — A college of persons (currently 12), chosen from the entire Order of Curial Procurators, to whom is granted the right to present and defend the rights of litigants and especially of poor persons before ecclesiastical judges, and formerly also before cardinals and the Pope.

These procurators are mentioned under Innocent II (1130–43); Benedict XII (const. Decens et necessarium of 7 Oct. 1340; Bullarium Rom., IV, Turin 1859, p. 461 bis) gathered them into a college; Martin V (const. In apostolicae of 1 Sept. 1418; ibid., IV, p. 680) fixed the requirements for their appointment; Leo X reformed them and approved their statutes (const. Pastoralis officii, 13 Dec. 1513). Paul III, in the year 1538, decreed that the deputies of these procurators might take part in the Papal Chapel and in processions and public functions (v. T. Mancinelli, Summorum Pontificum acta, quae ad Patronos de curiales causarum S. P. A. spectant, Rome 1887, p. 1). Paul V (motu proprio Cum pro pastorali, 16 Oct. 1618; ibid., p. 3) established that the College should consist of 24 procurators, confirming their statutes and declaring them competent to practice before the Rota and in any other matter without further examination or approval; their admission was to be by a plurality of votes of the members of the College. After election, the successful candidate had to undergo an examination, take an oath to serve justice faithfully and to undertake the defense of the poor. The Venerable Innocent XI (15 Oct. 1678) decreed that only the College procurators should be entrusted with the drafting of summaries and the preparation of the in facto information in causes of beatification and canonization. Clement XIII (const. Superni dispositione consilii, 30 March 1785) declared that the offices of General Commissioner of the Apostolic Chamber (v.), Prefect ad vitam of the Apostolic Datary (v.), Civil Lieutenant of the Tribunal of Government, Secretary or Administrator of the monti and of the three procurators of the Rev. Apostolic Chamber, and Fiscal of the Congr. of the Rev. Fabbrica of St Peter’s should be granted in perpetuity to the College of the procurators of the Sacred Apostolic Palaces. Under Clement XI (brief of 26 Aug. 1708) they also obtained a certain oversight of the public treasury. Other privileges were granted by Benedict XIV (const. Romanae Curiae, 21 Dec. 1744) and by Clement XIII (brief of 30 March 1765), who again approved their statutes. The procurators examined notaries and had the exclusive right to be chosen as curators of fideicommissa or primogenitures.

Gregory XVI (const. Amplissimum Patronorum, 31 March 1835; V. Mancinelli, op. cit., p. 26) granted the procurators the office of fiscal advocates for roads and waters. The College of the procurators of the Sacred Apostolic Palaces was reformed by Pius X, Benedict XV and Pius XI (protocol between the Holy See and the Italian government for the execution of art. 10 of the Lateran Treaty, 6 Sept. 1932).

The latest pontifical provisions, contained in the Normae S. R. Rotae Tribunalis of 29 June 1934, established (art. 54) that the procurators of the Sacred Apostolic Palaces enjoy the right to defend causes pertaining to their office before the Sacred Roman Rota. This right is confirmed in no. 85 of the const. Ad incrementum decoris of Pius XI dated 15 Aug. 1934 (AAS, 26 [1934], p. 497). It should be noted that Pius XI abrogated, as far as necessary, the privilege of admission to the College for candidates lacking the title of Rotal advocate (v. letter of the Cardinal Secretary of State of 23 March 1933, no. 121216).

Bibl.: A. Viletti, Pratica della Curia romana, II, Rome 1977, cap. 2; F. M. Renazzi, Storia dell’Università degli Studi di Roma, IV, 1886, p. 40 ff.; Moroni, L. V., p. 270 ff.; LXVIII, 101 ff.; R. V. Heckel, Das Aufkommen der ständigen Procuratoren an der päpstl. Kurie im 13. Jahrh., in Msc. Ehrle, III (Studi e testi, 38), Rome 1924, p. 260 ff.; F. Roberti, De processibus, I, Rome 1941, pp. 586–87. Guglielmo Felici