131. Jurisdiction of Regulars

1. "Angelus, a regular, is constituted by his superior to hear the confessions of his confreres, and by the bishop he is approved simply for seculars. But behold, suddenly good Father Angelus becomes deaf, so that he must be removed from the sacred ministry of confessions. For this reason, in his place, the superior substitutes another confessor for the religious, forbidding that anyone else exercise the same office. But after three months had elapsed, Father Angelus, healed from his infirmity beyond the expectation of all, eagerly applies himself to receiving the confessions of the faithful. He also hears the confessions of nuns of the same order, exempt from episcopal jurisdiction and subject to the superior alone."

It is asked: 1.º Whether Father Angelus, having recovered his hearing, validly received the confessions of seculars? - 2.º Whether he validly absolved the aforesaid nuns?

R. To the 1st. Affirmatively. The reason is that he was approved by the bishop for them simply, without the clause concerning the consent of the superior; therefore that approval was by no means revoked. Therefore it continued to be valid. Therefore good Father Angelus is not to be disturbed, nor are the seculars heard and absolved by him to be disturbed. Let him certainly proceed with ready spirit and with great fruit to use the faculty of receiving confessions made to him by the bishop.

To the 2nd. Negatively. For he could not validly absolve nuns not subject to the bishop, but dependent upon the superior of the monastery alone, just as he then could not have absolved his religious companions; because the faculty of absolving religious men and nuns of the same order had been withdrawn from him by the superior, and not restored." Thus Fr. Gury 566, 567.

The response to the 2nd question, with regard to the nuns, does not seem altogether sufficient. Father Angelus indeed invalidly absolved the nuns; but the proper reason is that he lacked the special approval of the Ordinary of the place, required for hearing the confessions of nuns. For by the bishop, as is drawn from the Case, he was not approved except for seculars. I. M. 791.

2. "Benitius, a regular priest, a moderator in a certain college, at vacation time sometimes leads a band of students into distant regions for the sake of recreation, and receives their confessions, although outside the diocese, from the sole license of the bishop under whom the college is.

It is asked: Whether Benitius validly absolved his students outside the diocese from the sole delegation of his own bishop?

R. It is controverted. More probably affirmatively. The reason is 1.º because, since students or boarders have actually every sort of dependence upon the regulars, they are now their familiars. 2.º Because to several regular orders ... indeed also to some secular Congregations ... there belongs the privilege of familiarity for their boarders. But from the communication of privileges the other regular orders now obtain such a privilege. Therefore, etc. Now this opinion has as patrons several Roman theologians, and indeed very grave ones." Thus Fr. Gury 554.

It must be noted with regard to this resolution that, if regulars enjoy the aforesaid privilege of familiarity with regard to boarders, and therefore Benitius more probably validly absolved his students outside the diocese without the approval of the Ordinary of the place, it is not understood to what purpose in the Case and in the Question it is said that Benitius absolved from the sole license or delegation of the bishop under whom the college is. For if in the diocese of the bishop under whom the college is, Benitius cannot hear the confessions of students without the approval of the same bishop, neither outside his diocese can he hear those confessions without the approval of the Ordinary of the place. But if the aforesaid students truly enjoy the privilege of familiarity, then Benitius can in that same diocese under which the college is hear the confessions of the students even without the license, or delegation, of the bishop. I. M. 785.