Terminology of the Sacred Congregations and Tribunals of the Roman Curia

TERMINOLOGY OF THE SACRED CONGREGATIONS AND TRIBUNALS OF THE ROMAN CURIA. – In the Sacred Congregations and Tribunals of the Roman Curia, many formulae have been in use for centuries, intended to signify, with a single word or phrase, the solution given to questions submitted or petitions advanced. The origin of these formulae, which in any event correspond to the spirit of the Latin language, is to be related to the ancient practice of reducing the questions submitted to one or more questions (dubia), to which it is often possible to respond with a simple affirmative or negative.

A survey is given of the principal formulae in most common use, following a logical order.

1. Formulae expressing a favourable decision

A fully favourable decision is signified by the following formulae: Affirmative; Pro gratia; Iuxta petita; Pro gratia iuxta petita. Sometimes there may be a favourable response which, however, must not be regarded as a general norm; the formula then used is: Affirmative in casa, that is, for the particular circumstances of the case. A substantively favourable response may also be given, but with some limitation, expressed by various formulae, for example: Affirmative, ita tamen...; Affirmative iuxta modum; Affirmative iuxta petita. Finally, an affirmative decision may be conditional or limited in its scope. The following formula is then used: Affirmative. Et ad mentem. Mens autem est: followed by the formulation of the conditions or limitations.

2. Formulae expressing a negative decision

A negative decision is expressed by various formulae, indicating its different nuances, from a pure and simple negation to a judgment of inadvisability. The most frequent formulae are: Negative; Negative et amplius, where amplius is a contraction of a longer formula (amplius non proponatur), meaning that the Congregation is so fully informed about the matter that it must not be submitted again unless other elements of absolute gravity arise; Reponatur, that is, in the archive, or Ad acta, meaning that the case will proceed no further; Non expedire, that is, the concession could in principle be granted, but in the circumstances of the case it is not considered advisable; Nihil innovetur, that is, matters are to remain as they are already in legitimate possession; Gaudeat impetratis, a formula presupposing a previous concession which it is not intended to extend; In decisis, that is, a previous decision is confirmed; In decisis et amplius (non proponatur), meaning that the matter must not be submitted again; Lectum or Nihil, that is, the Congregation does not consider it necessary to issue a decision; Non proposita, meaning that the matter has not been deemed worthy of discussion.

3. Formulae expressing a deferred decision

When the decision on a matter must, for any reason, be deferred, the following formulae are used: Dilata, or: Dilata sine die, when it is not foreseen when the matter can be decided; Dilata ad primam, that is, until the next meeting of the Congregation. Often, when festive periods are approaching, the decision is postponed until after the holidays associated with such festivities, which are indicated by the following formulae: Post Reges, that is, after the Christmas holidays, specifically after Epiphany; Post Cineres, that is, after the Carnival holidays, once customary before Ash Wednesday; Post Agnos, that is, after the Easter holidays; Post Ignem, that is, after Pentecost; Post aquas, that is, after the summer holidays.

4. Procedural formulae

If, in examining a matter, deficiencies are found in the informational material, the formula used is: Compleantur acta; if, on the other hand, new elements are submitted while the case is in progress and it is considered useful to add them to the file, one writes: Uniatur. If it is considered necessary to obtain verbal clarifications, the formula is affixed: Vocetur agens, that is, the agent is to be summoned. If a given solution exceeds the dicastery’s competence, the formula is added to the decision: Si Sanctissimo placuerit, that is, if the said solution is approved by the Holy Father; likewise, if the competence of the Dicastery in a given case is doubtful, the formula is affixed: Facto verba cum Sanctissimo, that is, after consulting the Holy Father. It may happen that the Congregation does not consider it advisable to issue a general solution to a particular question, but is willing to decide individual cases; this is expressed by the formula: Providebitur in casibus particularibus. When, with respect to a question already decided, new elements are adduced justifying further examination, the formula used is: Resumatur. It may also happen that recourse to the Congregation was unnecessary, either by virtue of common law or because the Ordinary was empowered to decide the matter; in the first case the response is: Utatur iure suo; in the second: Recurat ad Ordinarium. At times the Congregation may prudently decide not to issue a solution in any event and refer the petitioner to the common teaching by means of the formula: Consulat probatos auctores. If the doubt is unfounded, the response may be: Acquiescat, that is, the petitioner should set his mind at rest. When a solution exceeds the Dicastery’s competence and it has been necessary to have recourse to the Holy Father, the formula affixed is: Ex audientia Sanctissimi. Finally, if a matter does not fall within the Dicastery’s competence, the formula used is: Non spectare.