Papal rescripts

Papal rescripts are responses of the pope or a Congregation 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, 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 (a rescript in forma mixta).

The petition forwarded to Rome 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) 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.