Singular Precept

A singular precept is an exercise of executive power addressed to one or more determined persons. It does not create a general law. It applies the competent superior's authority to a concrete situation by commanding an act or omission, often so that an obligation already present in law is observed with unmistakable personal force.

The precept belongs to the wider class of singular administrative acts. It must be issued by an authority competent over the person and subject matter, observe any required procedure and form, and be interpreted according to the words' proper meaning and common usage. A precept cannot lawfully override superior law or exceed the issuer's executive competence.

A singular decree concerning the external forum is ordinarily to be given in writing, with reasons at least summarily expressed when it decides or imposes something. Before issuing it, authority should gather necessary information and, insofar as possible, hear those whose rights may be harmed. Written service protects both ecclesiastical governance and the subject's ability to understand and challenge the act.

Canon 58 treats a singular precept differently according to its documentary form: one not imposed by a legitimate document ceases when the authority of the person who issued it expires. A properly documented act is governed by its own terms and the law on cessation or revocation; it does not become perpetual merely because it was once communicated orally.

A precept can be pastoral or administrative without being penal. A penal precept, however, may threaten a determinate penalty for violation when the competent authority follows canon 1319 and the general requirements of penal law. Perpetual expiatory penalties cannot be established by precept, and a censure should not be threatened unless proportionate to the gravity of the matter.^[2]

Disobedience is not inferred merely from disagreement or difficulty. The precept, the subject's obligation, external violation, imputability, and any threatened consequence must each be established. Hierarchical recourse is available against a singular administrative decree under the conditions and time limits of law.^[3]