Motu proprio

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A motu proprio is a papal rescript in which the clause motu proprio (Latin, "of his own motion") 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 motion" 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.

[edit] Forthcoming motu proprio

Strong rumors of a motu proprio to be issued by Pope Benedict XVI have arisen in recent weeks (as of early 2007). The topic concerns granting permission for a wider usage of the Tridentine Mass (which was replaced by the Mass of Paul VI in 1970 but subsequently granted limited usage by Pope John Paul II in the late 1980s).

Rumors of this long anticipated motu proprio first surfaced around Easter in 2006. The news of this purported document once again surfaced when it was expected to be issued in the beginning of 2007 but was met with stiff resistance by the French Episcopacy. Talk of this document has once again arisen, with the Pope expected to promulgate the document sometime just before or just after Easter.