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7 Jurist 427 (1947)
Decrees and Decisions

handle is hein.journals/juristcu7 and id is 435 raw text is: Dgrrts a lb Derisions CANONICAL THE ESTABLISHMENT OF THE SPANISH ROTA By a motu proprio of April 7, 1947, our Holy Father established the Rota of the Apostolic Nunciature of Spain as a merely ecclesi- astical tribunal for the hearing of ecclesiastical cases in accordance with the norms of canon law, issuing at the same time a body of norms, consisting of fifty-nine articles, governing its activities. The Rota of the Apostolic Nunciature is the successor of the Rota first established as a systematized tribunal by the motu proprio of Clement XIV, Administrandae iustitiae, of March 26, 1771. More than two centuries earlier,' however, the foundation for this estab- lishment was laid by Clement VII who, at the instance of the Em- peror, Charles V, gave extensive judicial powers in non-criminal cases to Girolamo Selede, his legate a latere in Toledo. Similar powers granted to the Apostolic Nuncio, Giovanni Ricci, on April 1, 1555, were suspended in the following year by the regalistic attempt of Philip II to substitute for the Apostolic Nuncio in the hearing of cases proper to his Tribunal, an Auditor-Assessor appointed by the King. The latter desisted from this attempt when a letter of protest was sent to the Apostolic Nuncio by the Cardinal Secretary of State, Charles Borromeo, in the name of Pope Pius IV. The Tribunal be- gan functioning once more in 1560 under the Nuncio, Ottaviano Re- verta, and continued its activity, with more or less success, during the subsequent century. In 1640, the civil powers tricked the Apostolic Nuncio, Cesare Facchinetti, into signing a series of articles restricting the authority of the Tribunal, which came to be known thereafter as the Concord of Facchinetti , though their official title was Ordinances of the Nunciature . Since the Ordinances were subscribed without proper authorization, the Holy See declared them null and void in a Brief, Decet Nos, of April 6, 1641. 1 For the historical facts presented herewith, credit is given to L'Osservatore Romano of May 14, 1947.

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