Title IV: Of Rescripts

§ 1. Rescripts, both of the Apostolic See and of other Ordinaries, can freely be obtained by all who are not expressly prohibited.

§ 2. Favors and dispensations of every kind granted by the Apostolic See are valid even for those bound by censure, without prejudice to the prescription of can. 2265, Sec. 2, 2275, n. 3, 2283.

A rescript can be obtained for another even without his consent; and although he himself can choose not to use the favor granted through the rescript, nevertheless the rescript is valid before his acceptance, unless something else appears from the clauses attached.

Rescripts by which a favor is granted without an executor interposed have effect from the moment at which the letters were given; the rest, from the time of execution.

Conditions in rescripts are then only considered essential for their validity when they are expressed by the particles if, provided that, or another of the same meaning.

In all rescripts the condition is understood, even if not expressed: If the petitions rest upon truth, without prejudice to the prescription of can. 45, 1054.

In rescripts of which there is no executor, the petitions must rest upon truth at the time at which the rescript was given; in the others, at the time of execution.

§ 1. Concealment of the truth, or subreption, in the petitions does not prevent a rescript from having force and being valid, provided those things have been expressed which, according to the style of the Curia, must be expressed for validity.

§ 2. Nor does the statement of falsehood, or obreption, prevent it, provided either the sole cause proposed or at least one motivating cause among several proposed is true.

§ 3. The defect of obreption or subreption in only one part of a rescript does not invalidate another part, if several favors are granted at the same time by the rescript.

A favor denied by one Sacred Congregation or Office of the Roman Curia is invalidly granted by another Sacred Congregation or Office or by the local Ordinary, even one having power, without the consent of the Sacred Congregation or Office with which, or with whom, the matter began to be treated, without prejudice to the right of the Sacred Penitentiary for the internal forum.

§ 1. No one is to seek from another Ordinary a favor denied by his own Ordinary without mention having been made of the denial; but when mention has been made, the Ordinary is not to grant the favor unless the reasons for the denial have been obtained from the prior Ordinary.

§ 2. A favor denied by the Vicar General and afterwards obtained from the Bishop with no mention made of this denial is invalid; but a favor denied by the Bishop cannot validly be obtained from the Vicar General, even with mention made of the denial, if the Bishop does not consent.

When the clause Motu proprio is added to rescripts obtained in response to someone's petition, they are indeed valid if in the petitions a truth otherwise necessarily to be expressed is concealed; not, however, if a false final cause, and that the only one, is proposed, without prejudice to the prescription of can. 1054.

Rescripts, even those granted Motu proprio, to a person incapable by common law of obtaining the favor in question, and likewise those issued against a legitimate custom or particular statute of some place, or against a right already acquired by another, are not sustained, unless an express derogatory clause is added to the rescript.

Rescripts are not made void because of an error in the name of the person to whom or by whom they are granted, or of the place in which the person resides, or of the matter about which there is question, provided that, in the judgment of the Ordinary, there is no doubt about the person or the matter itself.

§ 1. If it happens that two mutually contrary rescripts are obtained concerning one and the same matter, the particular prevails over the general in those things which are particularly expressed.

§ 2. If they are equally particular or general, the earlier in time prevails over the later, unless in the latter express mention is made of the earlier, or unless the earlier petitioner has not used his rescript through fraud or notable negligence.

§ 3. But if they were granted on the same day and it is not clear which one was obtained first, both are void, and, if the matter warrants it, recourse must again be had to the one who gave the rescripts.

Rescripts are to be understood according to the proper meaning of the words and the common usage of speaking, and they must not be extended to cases other than those expressed.

In doubt, rescripts which relate to lawsuits, or harm rights acquired by others, or are contrary to a law for the advantage of private persons, or finally were obtained for the acquisition of an ecclesiastical benefice, receive strict interpretation; all the rest receive broad interpretation.

A rescript of the Apostolic See in which no executor is given must be presented to the Ordinary of the petitioner only when this is prescribed in the same letters, or there is question of public matters, or it is necessary to prove certain conditions.

Rescripts for whose presentation no definite time is fixed can be shown to the executor at any time, provided fraud and deceit are absent.

The executor of a rescript performs his office invalidly before he has received the letters and recognized their authenticity and integrity, unless prior knowledge of them has been transmitted to him by authority of the rescriptor.

§ 1. If in a rescript a mere task of execution is committed, execution of the rescript cannot be denied unless either it is manifestly clear that the rescript is null by the defect of subreption or obreption, or conditions are added in the rescript which the executor knows have not been fulfilled, or the one who obtained the rescript seems, in the judgment of the executor, so unworthy that the grant of the favor would be a future offense to others; if this last occurs, the executor, having interrupted execution, is immediately to inform the rescriptor about the matter.

§ 2. But if in the rescript the granting of the favor is committed to the executor, it belongs to him, according to his prudent judgment and conscience, to grant or deny the favor.

The executor must proceed according to the norm of the mandate, and unless he has fulfilled the essential conditions attached in the letters and has observed the substantial form of proceeding, the execution is void.

Execution of rescripts which regard the external forum must be done in writing.

§ 1. The executor of rescripts can substitute another for himself according to his prudent judgment, unless substitution has been prohibited or the person of the substitute has been predetermined.

§ 2. If, however, the person has been chosen for personal qualifications, it is not permitted to the executor to commit to another anything except preparatory acts.

Any rescripts whatsoever can be committed to execution even by the successor of the executor in dignity or office, unless the person was chosen for personal qualifications.

§ 1. It is lawful for the executor, if he has erred in any way in the execution of rescripts, to commit the same rescripts to execution again.

§ 2. As regards taxes for the execution of rescripts, the prescription of can. 1507, Sec. 1, is to be observed.

§ 1. A rescript revoked by a particular act of the Superior continues until the revocation is signified to the one who obtained it.

§ 2. No rescripts are revoked by a contrary law, unless something else is provided in the law itself, or the law was issued by the Superior of the rescriptor.

By the vacancy of the Apostolic See or of a diocese, no rescript of the same Apostolic See or Ordinary expires, unless something else appears from the added clauses, or the rescript contains a power given to someone to grant a favor to particular persons expressed in it, and the matter is still untouched.

If a rescript contains not a simple grace, but a privilege or dispensation, the prescriptions of the canons which follow are also to be observed.