TERMINOLOGY OF THE SACRED CONGREGATIONS AND TRIBUNALS OF THE ROMAN CURIA. - In the Sacred Congregations and Tribunals of the Roman Curia there have been in use for centuries many formulas intended to signify, with a single word or phrase, the solution given to questions proposed or petitions submitted. The origin of these formulas, which moreover correspond to the spirit of the Latin language, is to be connected with the ancient practice of restricting the questions proposed to one or more queries (dubia), to which one can often reply with a simple affirmative or negative.
A review is given of the principal formulas in most common use, following a logical order.
1. Formulas of a favorable resolution
A fully favorable resolution is signified by the following formulas: Affirmative; Pro gratia; Iuxta petita; Pro gratia iuxta petita. Sometimes there may be a favorable reply which, however, must not be considered as a general norm; then the formula used is: Affirmative in casu, that is, for the particular circumstances of the case. There may then be a substantially favorable reply, but with some limitation, which is expressed by various formulas, for example: Affirmative, ita tamen...; Affirmative iuxta modum; Affirmative iuxta petita. Finally an affirmative resolution may be conditioned or limited in its extent. The formula then used is: Affirmative. Et ad mentem. Mens autem est: and here follows the formulation of the conditions or limitations.
2. Formulas of a negative resolution
A negative resolution is expressed by various formulas, which indicate its various shades of meaning, from a pure and simple denial to a judgment of inopportuneness. The most frequent formulas are: Negative; Negative et amplius, where the amplius is a contraction of a fuller formulary (amplius non proponatur), that is, the Congregation is so fully informed on the question that it must not be proposed again, unless other elements of absolute gravity intervene; Reponatur, that is, in the archive, or Ad acta, means that the case will no longer proceed; Non expedire, that is, the concession in principle could be granted, but in the circumstances of the case it is not considered opportune; Nihil innovetur, that is, let matters stand as they already are in legitimate possession; Gaudeat impetratis, a formula which presupposes a previous concession which it is not desired to extend; In decisis, that is, a previous resolution is confirmed; In decisis et amplius (non proponatur), that is, the question must not be proposed again; Lectum or Nihil, that is, the Congregation does not believe it necessary to give a resolution; Non proposita, that is to say, the question has not been deemed worthy of discussion.
3. Formulas of a deferred resolution
When the resolution of a question, for whatever reason, must be deferred, the following formulas are used: Dilata, or: Dilata sine die, if it is not foreseen when the question can be resolved; Dilata ad primam, that is, until the next meeting of the Congregation. Often, near festive periods, the resolution is postponed until after the holidays connected with those festivities, which are indicated by the following formulas: Post Reges, that is, after the Christmas festivities and precisely after the Epiphany; Post Cineres, that is, after the carnival holidays, once in use before Lent; Post Agnos, that is, after the Easter festivities; Post Ignem, that is, after Pentecost; Post aquas, that is, after the summer holidays.
4. Procedural formulas
If, in examining a question, gaps are found in the informative part, then the formula used is: Compleantur acta; if instead new elements are presented while the case is in progress and it is deemed useful to add them to the file, one writes: Uniatur. If it is deemed necessary to have verbal clarifications, the formula appended is: Vocetur agens, that is, let the agent be summoned. If then a particular solution exceeds the competences of the dicastery, then to the solution is added the formula: Si Sanctissimo placuerit, that is, if the said solution is approved by the Holy Father; likewise if the competence of the Dicastery in a particular case is doubtful, the formula appended is: Facto verba cum Sanctissimo, that is, the Holy Father having been consulted. It may happen that the Congregation does not deem it opportune to give a general solution to a particular question, but is prepared to resolve individual cases, which is expressed by the formula: Providebitur in casibus particularibus. When, moreover, for a question already resolved, new elements are adduced that justify another examination, then the formula used is: Resumatur. It may also happen that recourse to the Congregation was not necessary, whether by common law or because it was within the power of the Ordinary to give a resolution; in the first case the reply is: Utatur iure suo; in the second: Recurat ad Ordinarium. Sometimes the Congregation may deem it prudent not to give any solution and refers the petitioner to the common doctrine with the formula: Consulat probatos auctores. If it is a question of an unfounded doubt, the reply may be: Acquiescat, that is, let the petitioner be reassured. When, moreover, a solution exceeds the competences of the Dicastery and recourse to the Holy Father has been necessary, then the formula appended is: Ex audientia Sanctissimi. Finally, if a question is not within the competence of the Dicastery, the formula used is: Non spectare.
Bibliography5 works
Ferdinando Antonelli