Wednesday, April 12

 
From the Catholic Encyclopedia

motu proprio. The name given to certain papal rescripts on account of the clause motu proprio (of his own accord) used in the document. The words signify that the provisions of the rescript were decided on by the pope personally, that is, not on the advice of the cardinals or others, but for reasons which he himself deemed sufficient...

The phrase motu proprio is frequently employed in papal documents. One characteristic result of its use is that a rescript containing it is valid and produces its effect even in cases where fraud would ordinarily have vitiated the document, for the words signify that the pope in granting the favour does not rely on the reasons alleged. When the clause is used in dispensations, the latter are given a broad interpretation.

A favour granted motu proprio is valid even when counter to ecclesiastical law, or the decisions of the pope himself.

Consequently, canonists call the clause the "mother of repose": "sicut papaver gignit somnum et quietem, ita et hæc clausula habenti eam."

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