UDITORE DI ROTA
**I.** In the ancient law of the Church, an *auditor* was considered the person entrusted with the instruction of a case; it is in the Decretals that this specific title is found, along with others: *«cui medium causae committitur sive cognitor aut executor dicatur, vel, quod melius est, auditor»*. This jurisdiction, undoubtedly of the highest importance, was entrusted by the Pope especially to cardinals, chaplains, and subdeacons; however, initially, those invested with this role were excluded from the power of decision, which was later granted to certain specific categories: the auditors of the Sacred Roman Rota, the auditor of the Apostolic Camera, the auditor of the Holy See, as well as the auditor of the conclave and the apostolic nuncio.
II. The office of auditor of the Sacred Roman Rota, although its outline began to take shape at the time of the establishment of the tribunal (v. S. SEDE, III)—which had its own chancery (where judicial acts were drawn up, as well as rescripts of grace and justice) and its own *auditorium* (the place where cases were heard)—assumed a clear and precise juridical configuration with the constitution *Ad regimen* of Benedict XII, dated 10 January 1335. At that time, the office was distinguished from that of the other chaplains and was considered a true official; the Pope himself assigned the auditors in Avignon a special seat.
Currently, the tribunal of the Rota, which constitutes, together with the Apostolic Signatura, the ordinary tribunal of the Holy See, includes, by direct election of the Supreme Pontiff, a certain number of auditors, a number that has varied several times. In fact, in the 15th century, Sixtus IV (30 April 1472) prescribed the number as twelve; in the *Regulae speciales* of 1908, the members of the tribunal were reduced to ten, and today, according to the current *Normae* of 29 June 1934, the number remains unspecified, especially since the same CIC does not establish a fixed number (can. 1598 § 1).
Over the centuries, the power to appoint some members of this authoritative body was reserved to the highest civil authorities: thus, the King of Spain had the right to appoint two auditors, one for Castile and one for Aragon, and Germany and France could also choose their own auditor. In the 16th century, Julius II granted this faculty to the city of Bologna, Pius IV to Milan, Sixtus V to the Venetian Republic, Clement VIII to Ferrara, and Urban VIII to Perugia.
III. With the constitution *Sapienti consilio* of Pius X, dated 1908, the tribunal of the Rota acquired new and vigorous impetus, so much so that it could legitimately acquire the reputation of being the most significant tribunal in the world; the CIC and the *Normae* published in 1934 then gave the tribunal and its members a definitive constitution.
The prelates who are auditors and currently serve on the tribunal number fifteen; they are presided over by the dean, *«qui prima est inter pares»* (can. 1598 § 1). In the absence of the dean, the office is ipso iure held by *«qui primam sedem post decanum obtinet»* (art. 3 § 2 of the *Normae*). The order of precedence of the auditors in sessions is as follows: after the dean sits the one who was appointed most recently; in cases of equal seniority of appointment, precedence is given to the one who was ordained priest earlier, and in cases of equal ordination, to the eldest.
Members of this body must be, in addition to priests, at least holders of a doctorate in both canon and civil law (*utroque iure*) (can. 1598 § 1), of mature age, of upright life, distinguished for prudence and juridical learning (art. 2 § 1 of the *Normae*). They are elected exclusively by the Roman Pontiff and generally cannot be removed from office except by promotion or upon reaching the age of 75, in which case they become emeritus. Before an auditor is invested with office, he must take the ritual oath *«de munere fideliter implendo»* before the entire body and is strictly bound to maintain official secrecy.
The body of Rotal auditors is divided into panels of three judges, or it may decide *videtibus omnibus* (can. 1598 § 4); the Pope may also, in special cases, establish a different number of members for the panel. Each judging panel constitutes an equal section of the tribunal itself and at the same time is an appellate tribunal for decisions issued by the preceding panel. Each judging panel has a *ponente*, designated by the dean, who, as president of the panel, directs the entire process. The dean represents the tribunal, and to him are addressed the decisions of the Supreme Tribunal of the Apostolic Signatura; he assigns cases to the various panels, provides for the substitution of impeded auditors, and also examines at the outset, together with the first two auditors, whether cases are to be handled in administrative or judicial proceedings.
IV. The matters judged by this authoritative tribunal include: 1) cases to be handled on appeal, which have already been decided in first instance either before an episcopal tribunal or before the tribunal of the Vicariate of Rome; 2) cases to be handled in third instance, which have already been examined in first and second instance either by the Rota itself or by lower tribunals with a non-definitive sentence; 3) cases taken up by the Holy Father for his tribunal and remitted by papal commission for handling in first instance by the Rota (can. 1598); in addition to appeals for restitution *in integrum*.
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