APPENDIX II: ON JURISDICTION WITH RESPECT TO NUNS

1398. - I say I. Nuns emitting solemn vows and cloistered cannot confess except to a priest specially approved for them by the Bishop, although they may be exempt from the jurisdiction of that same Bishop and subject to Regulars of their own Order; yet in that case the deputation and election of the confessor belongs to the regular Prelate. Thus from the Bull Inscrutabili of Gregory XV and from the 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, in the Bull Superna.

But from the Decree of the Sacred Congregation of Bishops, September 20, 1642, the ordinary confessor of Nuns cannot be approved except for a triennium; when this has elapsed, he cannot hear Confessions any longer in the same monastery without the license of the Sacred Congregation. - But a restriction of this kind is not observed everywhere, or even, on account of the lack of confessors who are suitable for hearing the Confessions of Nuns, it cannot be observed, and then the approbation is valid until it is revoked by words or by fact. - But with an Apostolic indult saved, or unless, as was just said, it cannot be done otherwise in some region, the confessor of Nuns ought to be forty years of age; nor are the Vicar General, a Canon or another beneficed cleric obliged to choir, a parish priest, if he is much impeded thereby in carrying out his office, or, if there is question of Nuns subject to the Bishop and of the ordinary confessor, a Regular, to be deputed to that office.

Let the confessor beware lest he conduct himself as Superior of the monastery, since such authority in no way belongs to him. - Thus the Sacred Congregation of Bishops, September 7, 1797. - See Analecta Juris Pontificii.

I say II. Bishops and other Superiors of Nuns are held two or three times a year, even for the Novices themselves, to present an extraordinary confessor. Thus Trent established. - These statutes were confirmed by other Supreme Pontiffs, especially Benedict XIV in the Bull Pastoralis, issued August 5, 1748. Moreover, a particular confessor must be granted to Nuns in the article of death, if they ask, indeed also sometimes in life, if some Nun asks this or refuses to confess to the ordinary; but then for only certain extraordinary occasions the confessor must be deputed. These things are clear from the Bull Pastoralis of Benedict XIV just cited. Nor indeed does Trent prohibit several extraordinary confessors from being placed in charge, or from being offered beyond two or three times. Therefore the sense of the Decree is that they must be granted at least two or three times.

1399. Questions. - Query 1° Are all Nuns held to present themselves to the extraordinary confessor and to confess to him?

Resp. 1° All and each are held to present themselves at least to hear salutary warnings. This is clear from the same Bull of Benedict XIV, and also from an express Declaration of the Sacred Congregation of Bishops on October 19, 1621. But the reason for this disposition is that provision be made for the liberty of Nuns, who perhaps need the ministry of an extraordinary confessor; otherwise fear, or the displeasing of the ordinary confessor, or the falling into suspicion among the other Nuns, would easily prohibit them.

Resp. 2° They are not held to confess to the extraordinary confessor, but it suffices that they present themselves before him, for instance, that they ask his blessing, or receive salutary warnings from him. This is clear from the cited Bull of Benedict XIV. - See St. Alphonsus.

Query 2° What must be held concerning Nuns existing among us?

Resp. 1° As regards the approbation of the confessor, since, with those excepted about whom we spoke in n. 1205. V., the others are prohibited from emitting solemn vows, everything depends on the will of the Bishops. Therefore, unless the Bishop has signified the contrary, their Confessions are validly heard even without special deputation, and the clause: except Nuns, attached to jurisdiction, regards only Nuns strictly so called. But the mind of the Holy See is that even toward Nuns not strictly so called those things be observed by Bishops which are established by common law for those strictly so called in this matter. See Gury, Roman Edition 1873, and the Second Plenary Council of Baltimore.

Resp. 2° As regards the extraordinary confessor, there seems to be for the Bishop and other Superiors an obligation of procuring someone for Nuns among us living in cloister not Papal. The reason is that the end of the law is the same, namely, of providing for liberty of conscience. For if they are obliged to strict cloister, it is fair that they also use the privilege of cloistered Nuns.

Query 3° Is the Bishop held to grant an extraordinary confessor even to pious congregations of women, which are not truly Nuns?

Resp. Benedict XIV earnestly exhorts Bishops to extend to any communities of women the laws 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 and the Second Plenary Council of Baltimore agree; indeed the Bishop is held to this in conscience, if those pious women have only one confessor designated by the Superiors, the faculty of calling another having been taken from them.

Query 4° Can cloistered Nuns be absolved by any confessor while by chance they are outside the monastery?

Resp. Affirm. with Lacroix and others. The reason is that the Constitutions Inscrutabili of Gregory XV and of other Supreme Pontiffs, which prohibit Nuns from confessing to another priest than one specially approved by the Bishop for Nuns, do not seem to be understood except of Nuns living in Monasteries; for they suppose that Nuns are always within the cloister. Therefore any confessors, although not approved for Nuns, can absolve Nuns coming to them by accident. Besides, a very great inconvenience would generally be present if travelling Nuns had to confess only to specially approved confessors; for often they would have to lack the Sacraments of Penance and Eucharist. The Response of the Sacred Congregation of Bishops and Regulars, August 27, 1852, agrees.