Apostolic Protonotaries

APOSTOLIC PROTONOTARIES. - The title of protonotary is found for the first time in the 14th century (Ordo romanus XIV, ch. 70; cf. also P. Hinschius, Kirchenrecht der Kath. u. Prot., I, Berlin 1869, p. 412) to designate the notaries attached to the first seven

(phot. Alinari)

PROTUS and HYACINTH, saints, martyrs - St. P. Detail of the mosaic wall of S. Apollinare Nuovo (6th century) - Ravenna.

regional notaries or all the notaries of the Apostolic See. These formed a college with the task of registering all the acts issued by the Roman Curia, and were therefore called apostolic. Today the p. a. constitute a college of seven prelates with the title of protonotarii de numero partecipantium.

The p. a., called extra collegium, are divided into three classes: 1) p. a. soprannumerari, who, not being part of the aforementioned college, possess almost all its privileges and are subdivided into: a) p. a. soprannumerari ad vitam, who are the canon prelates of the patriarchal basilicas of Rome, the Lateran, Vatican and Liberian; b) p. a. soprannumerari durante munere, who are the canons of the cathedral churches of Concordia, Florence, Gorizia, Padua, Palermo (Metropolitan and Palatine Chapel), Treviso, Udine, Venice; 2) p. a. ad instar, who in turn are subdivided into: a) p. a. ad instar ad vitam, who are those invested with this dignity by the Supreme Pontiff; b) p. a. ad instar durante munere, who are the canons of the college of S. Maria ad martyres (Pantheon) in Rome and of the metropolitan churches of Bologna, Cagliari, Malta, Modena and Esztergom; 3) p. a. titular or honorary, appointed by the Pope or by the College of the p. a. de numero partecipanti. All vicars general and capitular vicars and the canons of certain Chapters are also titular p. a.

The principal offices of the participating notaries from the 15th century onward were: to draw up the authentic records in public and semi-public consistories (Pius II, const. Cum servare in rebus ordinem, 12 June 1459, in Bullarium Romanum, V, Turin 1860, p. 152); to draw up the bulls for the collation of benefices made in Consistory, or at least to sign them, after the aforesaid benefices had been conferred, forma breviere per viam camerae, by virtue of the constitutions of Alexander VI (In eminent, 22 Aug. 1500) and of Pius V (Pontifice dignum, 24 July 1570). The signing of these bulls was later done by the secretary of the College of Protonotaries. It was still the office of the p. a. to collect the votes in councils and to draft the acts. Adrian VI, with the motu proprio: Cum una Sancta Catholica of 1522 (Moroni, LVI, Venice 1852, p. 1 ff.) decreed that the p. a. de numero partecipanti should always attend the chapels, under penalty of excommunication. With the const. Romanus Pontifex of 16 Nov. 1585 (Bullarium Romanum, VIII, part 4, Turin 1863, p. 621) Sixtus V raised the number of the p. a. to 12. With the const. Laudabilis sedis of 15 Feb. 1586 (Bullarium Romanum, VIII, cit., p. 624), he defined the privileges better, granting among other things to the College: a) the faculty of creating, after examination, doctors in theology or in another faculty (Urban VIII restricted the number of those to be promoted to 4 per year, Benedict XIV raised it again to 6 per year); b) the right to create public notaries; c) to legitimize children born ex quovis illicito et damnato coitu; d) to give itself its own statutes; e) to be familiars, commensals and domestic prelates of the Pontiff; f) exemption from every jurisdiction of the Ordinaries; g) to appoint each year an honorary protonotary; h) the use of the pontificals; i) and of the portable altar. Gregory XV (const. Inscrutabili divinae Providentiae of 22 June 1622: Bullarium Romanum, XII, Turin 1867, p. 690), Urban VIII, and Benedict XIV (De Servorum Dei beatif. et canoniz., I, ch. 17, n. XXXIII) established that a p. a. de numero partecipanti should take part in the compilation of the processes of beatification and canonization. This p. a., chosen by the Pope, was a consultor of the S. Congr. of Rites (at present, however, it is an official Prelate). Alexander VII, with the brief Ex Romani Pontificis Supremi of 4 Sept. 1656 (Bull. Rom., t. XVI, Turin 1869, p. 227) confirmed these provisions.

Gregory XVI, with the const. Neminem certe latet, of 8 Feb. 1838 (Acta Gregorii XVI, II, Rome 1901, p. 248), restored the College of the p. a. de numero partecipanti, with all the privileges, indults and honors of the past.

The CIC did not regulate the matter in question, except as regards the p. a. official prelate at the Congr. of Rites (cann. 2013 § 2, 2073). The reorganization of the College, however, took place under Pius XI with the const. Ad incrementum decoris of 15 Aug. 1934 (AAS, 26 [1934], pp. 497-521). In order of precedence the p. a. de numero partecipanti come immediately after the assessors and secretaries of Congregation, while it is disputed whether such precedence also belongs to the p. a. extra collegium in relation to the prelate auditors of the S. R. Rota. Among the munera of the p. a. de numero partecipanti are recalled: to draw up the most important acts of the Apostolic See, with the exception of the time when it is vacant, and the acts of the taking of possession of the new cardinals in their titles or deaconries. Four members of the College must then always take part in canonizations, councils, public and semi-public consistories in order to draft the acts, which are public proof even if signed by only one. The p. a. de numero partecipanti who hold a degree in utroque iure are ipso facto prelates referendary of the Apostolic Signatura. Two of them must sign (in place of the suppressed College of abbreviators de parco maiore) all the bulls of the Apostolic Chancery. It is up to their dean to publish for the first time the bull of the Holy Year. During the conclave it is up to them to guard one of the Wheels. As for the other p. a. extra collegium, the motu proprio of Pius X Inter multiplices curas provided that these may be elected conservators of the regular Orders and of other institutes, synodal judges and finally commissaries and apostolic judges even in cases of ecclesiastical benefices. The p. a. must take possession of his office. The privileges of the p. a. are established in the cited motu proprio of Pius X and in the cited const. of Pius XI, and follow the privileges belonging to the other prelates, standing out for the use of the pontificals and of the ring in sacred functions.

The dress of the p. a. de numero partecipanti is the prelatical one, of violet color; for the others the provisions of the motu proprio of Pius X Inter multiplices curas remain in force. For the titular or honorary p. a. the prelatical dress must be of black color. The motu proprio of Pius X also establishes the rite of the pontifical Masses, the solemn Vespers and the other pontifical functions of the p. a.

Guglielmo Felici