ROTARI

ROTARI — The Edict of R. Cod. Vat. lat., 5350, fol. 1. The codex is a palimpsest: the lower writing, a Psalter of the vetus latina, dates from the seventh-eighth century; the upper writing, the leges Langobardorum, dates from the ninth century — Vatican Library.

The latter remained in existence until 1833 and, owing to its able jurists, enjoyed a high reputation; numerous decisions were also printed. It is worth noting that the Florentine R. was the first tribunal to give reasons for its judgments (from May 1542); it was soon followed in this by almost all the tribunals, including the Roman R. In 1528 a major reform took place in Genoa, changing the constitution, and in that year the civil R. arose as the supreme tribunal, composed of auditors chosen from outside the region. It had jurisdiction over appeals and petitions for revision; its decisions in commercial and maritime matters enjoyed a high reputation and, numbering 215, were printed in two editions, in Genoa in 1581 and in Venice in 1582, under the title Decisiones Rotae Genemnis de mercatura et rebus pertinentibus ad eam.

The origin of the Madrid R. is entirely distinct from those mentioned above. As early as 1500, special cases began to be dealt with at the apostolic nunciature of Spain, cases that could not be resolved by the ordinary tribunals. Officially, the Madrid R., also called the Tribunal of the R. of the apostolic nunciature of Madrid, was erected by Clement XIV’s brief Administrandae iustitiae aelus of 26 March 1771. The king of Spain, Carlo III, established the new tribunal by another decree dated 26 October 1773. Composed of seven judges, it generally dealt with cases on appeal at second and third instance, forming panels of three judges from among its members. Its authority was indeed regarded as eminent, since an appeal from the Madrid R. to the Roman one was never permitted; its jurisdiction extended to the so-called ecclesiastical affairs, that is, those civil and criminal matters concerning Regularium aliorumque Sanctae Sedi subiectorum in regno Hispaniarum. The Madrid R. experienced various vicissitudes as a result of the many political upheavals, since it was a tribunal subsidized by the State and largely subject to II. Of all the R. mentioned, it is the only one still surviving, by virtue of Pius XII’s motu proprio of 7 April 1947 (AAS, 39 [1947], pp. 155–63).

BIBL.: V. La Mantia, St. della legislae. ital., Torino 1884; R. Foglietti, Cenni stor. sul Tribunale super. di Macerata, Mace-

rata 1886; G. Salvioli, St. della procedura civ. e crimini. (St. del Dir. ital. diretta da P. Del Giudice, III), Milano 1925–27; L. Picanyoli, De Tribunali Rotae Nuntiaturae ap., Roma 1932; R. Frattigiani, Il Tribum. della R. perugina, Perugia 1951. Pietro Santini

Cite this article

“ROTARI.” Enciclopedia Cattolica, vol. X (1953), p. 830. Azione Romana digital edition, https://azioneromana.com/article/rotari.