Papal

rescript In legal terminology, a rescript is a document that is issued not on the initiative of the author, but in response (it literally means 'written back') to a specific demand made by its addressee. It does not apply to more general legislation. Over ...

s are responses of the pope or a

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of the Roman Curia, in writing, to queries or petitions of individuals. Some rescripts concern the granting of favours; others the administration of justice under

canon law Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is t ...

, e. g. the interpretation of a law, the appointment of a judge.

Types of rescripts

Sometimes the favour is actually granted in the rescript (''gratis facta'' — a rescript ''in forma gratiosa''); sometimes another is empowered to concede the request (''gratia facienda'' — a rescript ''in forma commissoria''); sometimes the grant is made under certain conditions to be examined into by the

apostolic executor An apostolic executor is a cleric who is charged with putting into practice a Papal rescript Papal rescripts are responses of the pope or a Congregation of the Roman Curia, in writing, to queries or petitions of individuals. Some rescripts con ...

(a rescript ''in forma mixta''). The petition forwarded to

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should comprise three parts: the narrative or exposition of the facts (context); the petition (object of the demand); the reasons for the request. The response likewise contains three parts: a brief exposition of the case; the decision or grant; the reason of the same. Every rescript pre-supposes the truth of the allegations found in the supplication. Intentional falsehood or concealment of truth (

obreption and subreption Obreption (from Latin ''obreptio'', the act of stealing upon) and subreption (from Latin ''subreptio'', the act of stealing, and Latin ''surripere,'' to take away secretly) are terms used in the canon law of the Catholic church to species of fraud ...

) renders a rescript invalid, since no one should benefit through his own deceit. According to some, however, a rescript is valid if voluntary misrepresentation affects only the secondary reason of the grant. This is certainly true where there is no fraud, but merely inadvertence or ignorance of requirements; for, where there is no malice, punishment should not be inflicted; and the petition should be granted, if a sufficient cause therefor exists. A rescript ''in forma commissoria'' is valid, if the reason alleged for the grant be true at the time of execution, though false when the rescript was issued. When a rescript is null and void, a new petition is drawn up containing the tenor of the previous concession and cause of nullity, and asking that the defect be remedied. A new rescript is then given, or the former one validated by letters perinde valere. If the formalities sanctioned by canon law or usage for the drawing up of rescripts are wanting, the document is considered spurious. Erasures, misspellings or grave grammatical errors in a rescript render its authenticity suspected. Excommunicated persons may seek rescripts only in relation to the cause of their

excommunication Excommunication is an institutional act of religious censure used to end or at least regulate the communion of a member of a congregation with other members of the religious institution who are in normal communion with each other. The purpose ...

or in cases of appeal. Consequently, in rescripts absolution from penalties and censures is first given, as far as necessary for the validity of the grant. Rescripts have the force of a particular law, i. e. only for the persons concerned; only occasionally, e. g. when they interpret or promulgate a general law, are they of universal application. Rescripts ''in forma gratiosa'' are effective from the date they bear; others only from the moment of execution. Rescripts contrary to common law contain a derogatory clause: all things to the contrary notwithstanding. Rescripts of favour ordinarily admit a broad interpretation; the exceptions are when they are injurious to others, refer to the obtaining of

ecclesiastical benefice A benefice () or living is a reward received in exchange for services rendered and as a retainer for future services. The Roman Empire used the Latin term as a benefit to an individual from the Empire for services rendered. Its use was adopted by ...

s, or are contrary to common law. Rescripts of justice are to be interpreted strictly. Rescripts expire for the most part in the same manner as faculties.

References

* Papal bulls Rescripts Christian literary genres {{RC-Canon-law-stub