ORACULA VIVAE VOCIS. — These are privileges granted orally by the competent authority.
The institution dates back to the time of s. Gregorio Magno (Reg. 8, 16; MGH, Epistolae, II, 18, 21): subsequently, all jurists held that this power belonged in the first place to pontifical authority (c. 2, III, 7 in Clem.; c. 3, V, 9 in extrav. comm.). The Popes often made use of these privileges in favor of the Regulars, and only because of abuses that had arisen did the pontiffs Gregorio XV (constitution Romanus Pontifex, 2 July 1633), Urbano VIII (constitutions Alias felicis, 20 Dec. 1631 and 11 Apr. 1635), and Clemente XII (constitution Romanus Pontifex, 12 Feb. 1732) revoke many privileges granted orally but not duly authenticated. Indeed, the written form, 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, a distinction was made between authenticated and unauthenticated oracles. The former, communicated by the Pope, by reason of his office, to the officials of the Roman Curia, were proved by their own authentic testimony or by that of a cardinal; the others, granted to private persons, required the proof admitted by legislation (c. 13, III, 2 in Extrav. comm.).
Today, in canonical jurisprudence, three kinds of o. are distinguished: 1) grants made directly by the Roman Pontiff or through the Roman dicasteries or their officials to private persons, for their benefit or for the benefit of others; 2) o. granted by the officials of the Roman Curia by reason of their office, for which they can provide authentic testimony; 3) grants made by the Roman Pontiff on 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 it is in fact exercised in the presence of other persons or in favor of others, it must always be regarded as valid and licit and as endowed with its proper effect. In order for it to have validity in the external forum, proof of the grant is required; this is required 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. If the oracle is given to the prefects, assessors, or secretaries of the congregations or tribunals of the Roman Curia, proof is supplied by their authentic testimony, even when the oracles were 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 also be obtained through witnesses in accordance with cann. 1754 and 1798-91, by invoking legitimate prescription, and through an 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 Orders. This does not preclude the application of a stricter discipline.