motu proprio

A motu proprio is a papal rescript in which the clause motu proprio (Latin, "of his own accord") is used, signifying that the provisions of the rescript were decided by the Pope personally and not by a cardinal or other advisors. It is normally in the form of a decree, resembling a papal brief except that it is not sealed and countersigned. The first motu proprio was issued by Pope Innocent VIII in 1484. It continues to be a common form of rescript, especially when establishing institutions, making minor changes to law or procedure and when granting favours to persons or institutions.

A motu proprio rescript begins by giving the reasons for issuing it, and continues to describe the law or regulation being made or the favour granted. The Pope personally signs it, with his name and the date in Latin. A rescript containing the clause is valid even when counter to canon law or previous instructions from the Pope.

More generically, it is a Latin phrase used to indicate "of his own accord" similar to "sua sponte". It is used very rarely in legal opinions in the United States; "sua sponte" is the preferred term as it is well known throughout the legal community.

Current talk of "the motu proprio" usually refers to Pope Benedict XVI's motu proprio Summorum Pontificum relating to the traditional liturgy.

External links

• The Holy See's motu proprio list of Pope Paul VI
• The Holy See's motu proprio list of Pope John Paul II
• The Holy See's motu proprio list of Pope Benedict XVI
• New Advent: Catholic Encyclopedia 'Motu Proprio'

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