Enciclopedia Cattolica Vol. IX, 1952 Canon & civil law Particular questions

Oracula Vivae Vocis

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ORACULA VIVAE VOCIS. - These are privileges granted orally by the competent authority.

The institution goes back to the time of St. Gregory the Great (Reg. 8, 16; MGH, Epistolae, II, 18, 21): subsequently it was held by all jurists that this power belonged in the first place to the pontifical 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 the Regulars, and only on account of abuses that had arisen did the pontiffs Gregory XV (constitution Romanus Pontifex, 2 July 1633), Urban VIII (constitutions Alias felicis, 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. In fact, writing, sometimes required by certain decretals, does not concern the substance of the privilege but its authentication (c. 8 Contra morem D. 100). Before the CIC one distinguished between authenticated and non-authenticated oracles. The former, notified by the Pope, by reason of their office, to the officials of the Roman Curia, were proved by their authentic testimony or by that of a cardinal; the others, granted to private persons, required the proof admitted by the legislation (c. 13, III, 2 in Extrav. comm.).

Today, in canonical jurisprudence, three kinds of o. are distinguished: 1) concessions made directly by the Roman Pontiff or through the Roman dicasteries or their officials to private persons in their own favor or in favor of others; 2) the o. granted by the officials of the Roman Curia by reason of their office, for which they can give authentic testimony; 3) the concessions made by the Roman Pontiff with the condition that for their validity they be put in writing, and which are improperly called oracles. The oracle in itself has full efficacy in the forum of conscience; that is, it may not only be used in the internal forum but, if in fact it is exercised in the presence of other persons or in favor of others, it must always be considered valid and lawful and endowed with its own 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 authentic testimony, even if it is a question of oracles granted by their dicasteries. Cardinals enjoy the prerogative fidem faciendo in foro externo de oraculo pontificio testantes (can. 239, I, 17; c. 7 De privilegiti, V, 7 in VI; c. De privilegiti X, V, 33). Proof may furthermore be had by means of witnesses in accordance with cann. 1754 and 1798-91, by invoking legitimate prescription, and by authentic document.

Can. 79 speaks only of the oracles of the Holy See, but since the principles are founded on the requirements of the external forum they must be applied also to the oracles of the Orders. This does not prevent the application of a more severe discipline.

Bibliography6 works
BIBL.: L. Ferraris, Prompta bibliotheca, V, Bologna 1766, p. 486 ff.; Ph. Maroto, Institutiones iuris canonici, Madrid 1918, p. 276 ff.; B. Ojetti, Commentarium in CIC, Rome 1927, pp. 320-21; G. Michiels, Normae generalis iuris can., II, Lublin 1929, pp. 350-51; A. Van Hove, De rescriptis, Malines-Rome 1936, pp. 117-18; id., De privilegiti et dispensationibus, ibid., pp. 12, 55, 287-92.

About this entry

By Giuseppe Damizia

How we know recovered from an earlier OCR reading

Translated from the Enciclopedia Cattolica, vol. IX (1952), coll. 176–177.

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Page 130
vol. 9, coll. 175–176
Page 131
vol. 9, coll. 177–178

More by Giuseppe Damizia: Parish · Parish Priest · Portio Parochialis · Precedence · Preconization

Cite this article

Chicago

Damizia, Giuseppe. “Oracula Vivae Vocis.” In Enciclopedia Cattolica, vol. IX, coll. 176–177. Città del Vaticano: Ente per l’Enciclopedia Cattolica e per il Libro Cattolico, 1952. https://azioneromana.com/article/oracula-vivae-vocis.

MLA

Damizia, Giuseppe. “Oracula Vivae Vocis.” Enciclopedia Cattolica, vol. IX, Ente per l’Enciclopedia Cattolica e per il Libro Cattolico, 1952, coll. 176–177. Azione Romana, https://azioneromana.com/article/oracula-vivae-vocis.

BibTeX

@incollection{ec9_oracula_vivae_vocis,
  author    = {Damizia, Giuseppe},
  title     = {Oracula Vivae Vocis},
  booktitle = {Enciclopedia Cattolica},
  volume    = {IX},
  pages     = {176--177},
  note      = {Cited by column},
  publisher = {Ente per l’Enciclopedia Cattolica e per il Libro Cattolico},
  address   = {Città del Vaticano},
  year      = {1952},
  url       = {https://azioneromana.com/article/oracula-vivae-vocis}
}

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