Legal requirements
Dispensations or graces are not granted unless there be some motive for requesting them, and the law of the Church requires that the true and just causes that lie behind the motive be stated in every prayer for such dispensation or grace.
When the petition contains a statement about facts or circumstances that are supposititious or at least, modified if they really exist, the resulting rescript is said to be vitiated by obreption, which consists in a positive allegation of what is false.
In legal terminology, a rescript is a document that is issued not on the initiative of the author, but in response to a specific demand made by its addressee. It does not apply to more general legislation.
If, on the other hand, silence had been observed concerning something that essentially changed the state of the case, the concealment or suppression of statements or facts that according to law or usage should be expressed in an application or petition for a rescript is called subreption.
Rescripts obtained by obreption or subreption are null and void when the motive cause of the rescript is affected by them. If it is only the impelling cause, and the substance of the petition is not affected, or if the false statement was made through ignorance, the rescript is not vitiated. As requests for rescripts must come through a person in ecclesiastical authority, it is his duty to inform himself of the truth or falsity of the causes alleged in the petitions, and in case they are granted, to see that the conditions of the rescript are fulfilled.
In its effects subreption is equivalent to obreption. Subreption may be intentional and malicious, or attributable solely to ignorance or inadvertence. It may affect the primary, substantial reason or motive of the grant, or constitute merely a secondary or impellent cause of the concession.
Primate is a title or rank bestowed on some archbishops in certain Christian churches. Depending on the particular tradition, it can denote either jurisdictional authority or (usually) ceremonial precedence.
In law, motu proprio describes an official act taken without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept.
Richard Ullerston DD was a Vice-Chancellor and Chancellor of Oxford University.
In the jurisprudence of the canon law of the Catholic Church, a dispensation is the exemption from the immediate obligation of law in certain cases. Its object is to modify the hardship often arising from the rigorous application of general laws to particular cases, and its essence is to preserve the law by suspending its operation in such cases.
In Catholic canon law, a validation of marriage or convalidation of marriage is the validation of a Catholic putative marriage. A putative marriage is one when at least one party to the marriage wrongly believes it to be valid. Validation involves the removal of a canonical impediment, or its dispensation, or the removal of defective consent. However, the children of a putative marriage are legitimate.
Jus Spolii, Latin for Right of Spoil, also called Jus Exuviarum or Rapite Capite, was a claim, exercised in the feudal era, of succession to the property of deceased clerics, at least such as they had derived from their ecclesiastical benefices.
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Regionarius, plural Regionarii, is the title given in later Antiquity and the early Middle Ages to those clerics and officials of the Church of Rome who were attached neither to the Papal Palace or patriarchium, nor to the titular churches of Rome, but to whom one of the city regions, or wards, was assigned as their official district.
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Subreption is a concept in Roman law and, in this tradition, in the canon law of the Catholic Church. In this context, obreption and subreption belong together. The Latin word for subreption is "subreptio", the German is "Erschleichung".
A Legist, from the Latin lex 'law', is any expert or student of law.
Piatus of Mons was a Francophone (Belgian) Catholic theologian.
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.
The University of Perpignan is a French university, located in Perpignan.
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Canonical faculties, in the canon law of the Roman Catholic Church, are ecclesiastical rights conferred on a subordinate, by a superior who enjoys jurisdiction in the external forum. These rights then allow the subordinate to act, in the external or internal forum, validly or lawfully, or at least safely.
The canon law of the Roman Catholic Church recognizes various meanings of the term emancipation.
Papal appointment was a medieval method of selecting a pope. Popes have always been selected by a council of Church fathers, however, Papal selection before 1059 was often characterized by confirmation or "nomination" by secular European rulers or by their predecessors. The later procedures of the papal conclave are in large part designed to constrain the interference of secular rulers which characterized the first millennium of the Roman Catholic Church, and persisted in practices such as the creation of crown-cardinals and the jus exclusivae. Appointment might have taken several forms, with a variety of roles for the laity and civic leaders, Byzantine and Germanic emperors, and noble Roman families. The role of the election vis-a-vis the general population and the clergy was prone to vary considerably, with a nomination carrying weight that ranged from near total to a mere suggestion or ratification of a prior election.
The jurisprudence of Catholic canon law is the complex of legal theory, traditions, and interpretative principles of Catholic canon law. In the Latin Church, the jurisprudence of canon law was founded by Gratian in the 1140s with his Decretum. In the Oriental canon law of the Eastern Catholic Churches, Photios holds a place similar to that of Gratian for the West.
