ORACULA VIVAE VOCIS

**ORACLES OF THE LIVING VOICE** – Privileges granted orally by the competent authority.

This institution dates back to the time of St. Gregory the Great (Reg. 8, 16; MGH, Epistolae, II, 18, 21). Subsequently, all jurists held that this power belonged in the first place to the papal authority (c. 2, III, 7 in Clem.; c. 3, V, 9 in extrav. comm.). Many times the Popes made use of these privileges in favor of religious orders, and only when abuses occurred did the pontiffs Gregory XV (constitution *Romanus Pontifex*, 2 July 1633), Urban VIII (constitution *Alias felici*, 20 Dec. 1631 and 11 Apr. 1635), and Clement XII (constitution *Romanus Pontifex*, 12 Feb. 1732) revoke many privileges granted orally but not duly authenticated. Indeed, writing, sometimes required by certain decrees, does not pertain to the substance of the privilege but to its authentication (c. 8 *Contra morem* D. 100). Before the CIC, a distinction was made between authenticated and non-authenticated oracles. The former, intimated by the Pope, by reason of their office, to the officials of the Roman Curia, were proven by their own authentic testimony or that of a cardinal; the latter, granted to private persons, required proof as admitted by the legislation (c. 13, III, 2 in Extrav. comm.).

Today, in canon law jurisprudence, three kinds of oracles are distinguished: 1) concessions made directly by the Roman Pontiff or through the Roman dicasteries or their officials to private persons for their own benefit or that of others; 2) oracles granted by the officials of the Roman Curia by reason of their office, for which they can provide authentic testimony; 3) concessions made by the Roman Pontiff on the condition that they be put in writing for their validity, which are improperly called oracles. The oracle itself has full efficacy in the forum of conscience; that is, it may not only be used in the internal forum but, if it is in fact exercised in the presence of others or in favor of others, it must always be considered valid and lawful and endowed with its proper effect. For it to be valid in the external forum, proof of the concession is required: this is demanded by the good order that must be preserved in ecclesiastical society. This doctrine, expressed in can. 79, confirms that established by the constitution *Sapienti consilio* of 20 June 1908. The proof, if the oracle is made to the prefects, assessors, or secretaries of the congregations or tribunals of the Roman Curia, is given by their own authentic testimony, even if the oracles were granted by their dicasteries. Cardinals enjoy the prerogative of giving credence in the external forum to papal oracles (*testantes*) (can. 239, I, 17; c. 7 *De praelegiis*, V, 7 in VI; c. *De privilegiis* X, V, 33). Proof may also be obtained by witnesses in accordance with cann. 1754 and 1798–91, invoking legitimate prescription, and by authentic document.

Can. 79 speaks only of the oracles of the Holy See, but since the principles are based on the requirements of the external forum, they must also be applied to the oracles of the religious orders. This does not preclude the application of a stricter discipline.

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Giuseppe Damizia