appendix — Gury-Ballerini, Compendium of Moral Theology (8th ed., 1884)
Appendix II. On Jurisdiction with Respect to Nuns
- I say I. Nuns cannot confess except to a Priest specially approved for them by the Bishop, although they are exempt from the jurisdiction of that same Bishop and subject to Regulars of their proper Order. Thus from the Bull Inscrutabili of Gregory XV and from other Constitutions of the Supreme Pontiffs. Indeed, a Confessor approved for one monastery cannot validly hear the confessions of Nuns of another monastery unless he was approved in general for Nuns. Clement X confirmed this in the year 1670 by the Bull Superna. - See St. Lig., no. 576.
From a Decree of the Sacred Congregation of Bishops dated September 20, 1642, the ordinary Confessor of Nuns cannot be approved except for a three-year term; after it has elapsed, he can no longer hear confessions in the same monastery without the permission of the Sacred Congregation. - See St. Lig., no. 577. But a restriction of this kind, as Bouvier observes, is not observed everywhere; and then the approval is valid until it is revoked by word or deed.
Moreover, the Confessor is bound to come to hear the confessions of the Nuns as often as he is summoned. Sacred Congregation of Bishops, 1705. But let him take care not to conduct himself as the Superior of the monastery, since no such authority belongs to him. - Thus the Sacred Congregation of Bishops, September 7, 1797. See Analecta Iuris Pontificii, 1859, pp. 1322, 1524.
- I say II. Bishops and other Superiors of Nuns 1 are bound two or three times a year, even for the Novices themselves, to furnish an extraordinary Confessor. Thus the Council of Trent, session 25, On Regulars and Nuns, chapter 10, establishes, where it is said: Besides the ordinary Confessor, however, another extraordinary one is to be offered by the Bishop and the other Superiors two or three times a year, who ought to hear the confessions of all. - Other Supreme Pontiffs confirmed these statutes, especially Benedict XIV in the Bull Pastoralis, issued August 5, 1748. A particular Confessor must, in addition, be granted to Nuns at the point of death 2, if they ask for one, and indeed also sometimes during life, if some Nun requests this or refuses to confess to the ordinary Confessor; but then an extraordinary Confessor is to be deputed only for certain occasions. These things are established from the Bull Pastoralis of Benedict XIV just cited.
1 To offer an extraordinary confessor to Nuns belongs respectively to those to whom it belongs to assign the ordinary confessor also. And since some Nuns are subject to Prelates of Regulars, while others are subject to the Bishop, the Regular Prelate assigns a confessor to the former, one nevertheless specially approved for Nuns by the Ordinary of the place; the Bishop assigns a confessor to the latter. This is established from the Constitution Pastoralis of Benedict XIV, where it is said that the deputation of one of this kind (namely, an extraordinary confessor) regularly belongs to him to whom the election and deputation of the confessor pertain.
It is said, however, regularly; for if perhaps the Regular Prelate neglects the law of the Council of Trent concerning offering an extraordinary confessor, then, according to a Reply of the Sacred Congregation of the Council dated August 13, 1631, which Benedict XIV confirms by his authority in the cited Constitution, the Bishop can and must remedy the negligence or unjust obstinacy of the Regular Prelate and himself furnish the extraordinary confessor.
If, however, the Bishop neglects this, whether for monasteries which depend upon him or for those subject to a Regular Prelate who fails in his office, Benedict XIV in the aforesaid Constitution establishes that the deputation of an extraordinary confessor is to be made by the Cardinal Major Penitentiary when he has been asked for this by the nuns themselves.
2 Concerning this case the cited Constitution of Benedict XIV establishes thus: At the point of death a particular confessor must be granted by the Bishop to any nun who asks for one, or by the Regular Prelate if the monastery is exempt; and, if the Regular Prelate is lacking or refuses, the Bishop can and must supply; but if the Bishop refuses, one is to be given by the Major Penitentiary, if time permits. In these provisions it is omitted what is to be done if time does not permit provision for the necessity of the nun in any of the aforesaid ways. But the Tridentine Synod sufficiently provided also for this case when it decreed that at the point of death there is no reservation, and that any priest can absolve any penitents whatever from any sins and censures whatever, according to the things said above (no. 550, q. 6).
QUESTION 2. What is understood here by the name Nuns?
Nor indeed does the Council of Trent prohibit several extraordinary Confessors from being appointed, or their being offered more than two or three times. The sense of the Decree, therefore, is that they are to be granted at least two or three times. - Ferraris, word Nuns, art. 5, no. 33; Bouvier, ibid.
- Questions. - QUESTION 1. Are all Nuns bound to present themselves to the extraordinary Confessor and to confess to him?
Reply 1. All and each are bound to present themselves at least to hear salutary admonitions. This is established from the same Bull of Benedict XIV, and also from an express Declaration of the Sacred Congregation of Bishops dated October 19, 1621 (in Bouvier, ibid.). The reason for this provision is that the liberty of those Nuns who may perhaps need the ministry of the extraordinary Confessor may be safeguarded; otherwise the fear either of displeasing the ordinary Confessor or of falling under suspicion among the other Nuns would easily restrain them. - See St. Lig., no. 576.
Reply 2. They are not bound to confess to the extraordinary Confessor, but it suffices that they place themselves before him, for example, to ask his blessing or to receive salutary admonitions from him. This is established from the cited Bull of Benedict XIV. See St. Lig., no. 576.
Reply. Only women living under a rule in a cloister are understood; not, however, those who are not bound to observe enclosure 3, for example, such as those who are called Sisters of Charity (Soeurs de la Charite). - Bouvier, On Jurisdiction; Gousset, no. 480, etc.
3 Although the Apostolic Constitutions concerning the furnishing of an extraordinary confessor seem to regard only nuns who observe enclosure, nevertheless an equal reason applies also to others when a Confessor is so assigned to them, whether at home or in churches, that they do not have free faculty to approach another.
Yet where nuns of this kind are accustomed to confess in Churches, there is scarcely, or hardly even, need to consider providing an extraordinary confessor. For a nearly universal custom prevails that each has free faculty to approach any of the priests who are accustomed to hear confessions in that church; indeed, if these priests are Regulars, it is all the same if they approach any one of the same Regulars even in another of their churches. Nor is it an obstacle that, for the observance of a certain order, some are assigned as quasi-ordinary confessors either by the Superior of the monastery or even by the Bishop. For an arrangement of this kind is regarded as merely administrative, and therefore it has nothing to do with the question of jurisdiction. And indeed, when either the church or the confessors have been designated by the Superior, it is manifest that a nun who chooses any confessor whatever and wherever she may choose him confesses, certainly contrary to the rule, but validly. Indeed, according to the general principle that odious things are to be restricted, the same is to be held if the designation is made by the Ordinary, unless he expressly adds that no one besides those designated can be regarded as approved for those nuns.
- QUESTION 3. What is to be held concerning Nuns now existing in France?
Reply 1. As regards the approval of the Confessor, since, in view of present circumstances, they are not considered to emit solemn vows, all things depend upon the will of the Bishops. Bishops, however, commonly intend to reserve to themselves special approval for Nuns, as is established from ordinary letters of approval, in which it is said: Nuns excepted, or Nuns not excepted.
Reply 2. As regards the extraordinary Confessor, the same obligation as before seems to rest upon the Bishop and the other Superiors to procure someone for cloistered Nuns. The reason is that the end of the law is the same, namely, to provide for liberty of conscience. For if they are bound to rigorous enclosure, it is equitable that they also enjoy the privilege of cloistered Nuns.
QUESTION 4. Is a Bishop bound to grant an extraordinary Confessor also to pious congregations of women which are not true Nuns?
Reply. Benedict XIV earnestly exhorts Bishops to extend to all communities of women the laws of the Council of Trent concerning extraordinary Confessors of Nuns. - Constitution Pastoralis curae, August 5, 1748, with which several Decrees of the Sacred Congregation of Bishops and Regulars agree.
- QUESTION 5. Can cloistered Nuns be absolved by any confessor while by chance they are outside the monastery?
Reply. Affirmative, with Lacroix, no. 1527, and others. The reason is that the Constitutions of Gregory XV, Inscrutabili, and of other Supreme Pontiffs, which prohibit Nuns from confessing to any Priest other than one specially approved by the Bishop for Nuns, do not seem to be understood except of Nuns dwelling in Monasteries; for they suppose that Nuns always remain within the cloister. Therefore any Confessors, although not approved for Nuns, can absolve Nuns who come to them per accidens. Moreover, there would commonly be excessive inconvenience if traveling Nuns were obliged to confess only to specially approved Confessors; for they would often be obliged to go without the Sacraments of Penance and the Eucharist.