Rescripts

Rescripts in the Ecclesiastical Law

In 1918, in the book “A Commentary and Summary of the New Code of Canon Law”, the author, Rev. Stanislaus Woywod wrote (references were to the old Code of Canon Law, no the 1983 Code of Canon Law):

Canons 36-62 of (the title IV of the Old Code of Canon Law) state the general principles concerning rescripts by which the Holy See or other Ordinaries grant dispensations and various other favors.

(T)he most important points (are):

• Favors and dispensations of any kind granted by the Holy See avail even those who are under censure with the following exceptions: An excommunicatus vitandus, a person excommunicated by a condemnatory or declaratory sentence of the ecclesiastical judge, cannot validly receive any favor from the Holy See unless the papal rescript states that it shall be valid notwithstanding the excommunication of the recipient; the same rule applies to those personally interdicted or suspended by sentence in the ecclesiastical court. (Canon 36.)
• Rescripts by which a favor is granted without requiring the ministry of an executor take effect from the moment that the rescript is issued; other rescripts from the time of execution. (Canon 38.)
• Conditions demanded in the rescripts are essential for their validity in such cases only where they are expressed by the particles, “si,” “dummodo,” or others of the same signification. (Canon 39.)
• All rescripts are considered as given upon condition “si preces veritate nitantur,” that the reasons given in the petition are based on truth. There are two exceptions to this rule. (1) (2)
• If one of the Roman Congregations or Offices refuses a favor asked of them, the same favor
  cannot be petitioned from and granted by any other of the Sacred Congregations, nor even by one’s own bishop who may have delegated faculties, unless the Sacred Congregation of which the favor was first asked gives its consent. (Canon 43.)
• The granting of a favor that was first asked of and refused by the vicar general and later obtained from the bishop, without mentioning that application had been made first to the vicar general and refused, is invalid. A favor that has been refused by the bishop cannot validly be granted by the vicar general, even though the petitioner makes known to him the bishop’s refusal. (Canon 44.)
• Rescripts are no longer considered invalid on account of an error in the name of the person to whom, or by whom, the favor is granted, or a mistake in the place of residence, or a mistake concerning the object of the concession, so long as, in the prudent judgment of the bishop, there is no doubt concerning the identity of the person and the object of the favor. (Canon 47.)
• A rescript of the Apostolic See in which no executor is demanded need not be exhibited to the Ordinary of the person obtaining the document, except this is demanded in the document or there is question of public affairs e. g., publication of an indulgence granted to a church or place, or, finally, if a favor is granted for the use of which the bishop has a right to examine required conditions, e. g., a concession to keep the Blessed Sacrament, celebrate Holy Mass in a private oratory, etc., in which cases the law gives the bishop the right and the duty to see that the requirements of Canon Law are complied with. (3)
• Rescripts must be understood according to the proper meaning of their words and the common usage of the language, and must not be extended to other cases besides those expressly mentioned. (Canon 49.)
• When doubt arises as to the meaning of the words of a rescript those rescripts having reference to cases in court, or to matters which hurt the acquired right of others, or those that concede to a private individual favors contrary to the law, or, finally rescripts obtained for the purpose of securing an ecclesiastical benefice, must be strictly interpreted; all other rescripts may receive a benign interpretation. (Canon 50.)
• If in a rescript the mere office of execution is committed to some one, e. g., bishop, confessor, the execution of the rescript cannot be refused, unless it is evident that the rescript is null and void on account of a lie, or of concealing the truth, or if there are conditions demanded in the rescript which the executor knows have not been complied with by the recipient of the document, or the latter is in the judgment of the executor
  so unworthy of the favor that its concession would be a scandal to others. In the last mentioned circumstance the executor shall at once inform the official granting the rescript and in the meantime suspend its execution. If in the rescript the granting of the favor is left to the executor, so that he is delegated to dispense, he shall according to his own judgment and conscience either grant or deny the favor. (Canon 54.)
• Favors granted through a rescript are not revoked by a contrary law, unless it is otherwise stated in the law, or unless the law was made by the superior of the grantor. (Canon 60.)
• Vacancy of the Holy See, or of the bishopric, does not invalidate rescripts given by the deceased pontiff or bishop, unless the terms of the rescript state otherwise, or unless the rescript gives power to a delegate to grant the favor to individuals specified in the document and the delegate or executor had not begun to exercise his power before the death of the Pope or the bishop, as the case may be. (4)

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Notes

1. The first excepcion is: Canon 45 states that a rescript given with the clause “motu proprio” is valid even though in the petition things are not explained that otherwise are demanded. If, however, the only motive reason under the plea of which the rescript is requested is false, the rescript is invalid with the exception (below)
2. The exception of dispensations from marriage impediments of lesser degree, which are valid even though all reasons or motives advanced to obtain the dispensations are falsehoods. Canon 1042 explains which are impediments of lesser degree in marriage. (Canon 40.) Cf. Canon 1054.
3. This Canon does not demand the presentation under pain of invalidity; unless, therefore, it is demanded in the rescript itself in terms importing invalidity, the neglect to comply with the ruling of the present Canon would not invalidate the rescript, but such neglect is sinful. (Canon 51.)
4. As soon as the rescript has been presented to the individual so delegated the case is opened, and he can act even though the Pope or the bishop who granted the rescript should die or resign their office. (Canon 61.)

See Also

• Ecclesiastical Laws
• Code of Canon Law
• Reprieve
• Executor
• De Bonis Non Administratis
• Execution
• Orthodox Canon Law
• Canon Law
• Affirmation