CHAPTER I: ON THE POWER OF THE MINISTER

1390. - In order that someone validly absolve, nothing else is required on the part of the one absolving except intention, the power of Order and of jurisdiction; but that he also absolve rightly, licitly, and worthily, probity, knowledge, and prudence are required. Therefore three things are required for the adequate power of the Minister of Penance, namely, 1° the power of Order; 2° the power of jurisdiction; 3° approbation.

I. The power of Order is required, i.e. that which belongs to the Minister by force of ordination, and is intrinsically attached to the priestly character. The reason is that to priests alone was it said by Christ: Receive the Holy Spirit; whose sins you shall forgive, they are forgiven them. - This is established besides by the manifold definition of the Church.

II. The power of jurisdiction is required, i.e. the power by which a priest, as judge, can pass sentence on certain persons, as being his subjects. This is clear from Trent.

III. Approbation is required for hearing Confessions both licitly and validly, or a declaration of the Ordinary judging juridically concerning the suitability of the priest, or concerning the three gifts just indicated, which are necessary in order that someone absolve rightly, licitly, and worthily. - Trent.

Note. - Even a priest who is not a curate is obliged to render himself fit for hearing Confessions if he is in a place where the inhabitants, on account of a scarcity of confessors, labor under grave spiritual necessity, which today, since the number of priests has been so diminished, and especially in this region, is easily found.

Besides, it is altogether to be advised to parish priests whose subjects cannot easily find another occasion of confessing, except among them, that from time to time they call in some unknown confessors and offer their subjects every liberty of confessing to these; indeed, while strangers are exercising their office, let them not themselves hear Confessions. Thus not rarely invalid Confessions and sacrileges will be prevented. Certainly from this head already the utility of missions appears.

We must treat 1° concerning approbation; 2° concerning jurisdiction; 3° concerning the reservation of cases.

Approbation, taken nakedly, can be defined: the juridical judgment of a Prelate concerning the suitability of a priest for hearing Confessions.

Hence, for granting approbation, an examination is not essentially required; for a prudent judgment concerning suitability can be had even without an examination, when this is otherwise established.

1391. - I say I. Approbation is required for hearing Confessions both licitly and validly. Thus by force of Trent.

I say II. Only the Bishop can approve, or one who has quasi-episcopal jurisdiction. The reason is that it pertains only to the Prelates of the Church to judge concerning the suitability of Ministers to be deputed for hearing Confessions. This is also clear from Trent cited above. - But the Bishop can approve either by himself or through another delegated by him, because approbation is an act of jurisdiction; but ordinary jurisdiction can be delegated.

According to the present discipline of the Church, together with approbation jurisdiction also is usually conferred by the Prelate upon priests; and therefore in common usage, under the name of approbation, jurisdiction also is comprehended. But formerly, delegated jurisdiction was commonly granted by parish priests, and approbation only by Bishops; which faculty indeed now scarcely has exercise among parish priests, since scarcely now can a priest be found who, together with approbation, has not also already received jurisdiction from the Bishop.

1392. Questions. - Query 1° From what Bishop must approbation be had?

Resp. From the opinion today altogether to be held, approbation must be given by the Bishop of the diocese in which Confessions are to be heard; hence the approbation either of the Bishop of the penitents or of the Bishop of the priests does not suffice. This is clear from the Bull Cum sicut of Innocent XII, April 19, 1700, apud St. Alphonsus, which Bull Benedict XIV confirmed in the Constitution Apostolica indulta.

Query 2° Can someone absolve his own subject in a foreign diocese without the approbation of the Ordinary?

Resp. 1° Affirm., if he has truly personal or ordinary jurisdiction over him. The reason is that whoever by reason of his office has ordinary jurisdiction is considered approved by the law itself for hearing his own subjects everywhere; nor is ordinary jurisdiction, provided it is exercised without judicial stir, bound to place; but unless it is specially restricted, it can be exercised everywhere. - Thus commonly. Hence a Bishop and a parish priest can absolve their subjects outside the parish and diocese without the approbation of the Bishop of the place.

Resp. 2° Neg., if over the penitent there is had only delegated jurisdiction; because this per se is considered merely territorial, not personal, and therefore does not follow the delegate outside the territory.

Query 3° Does presumed approbation suffice?

Resp. Neg. The reason is that from Trent approbation actually and absolutely existing, and already obtained, is required. But for approbation of this kind actual consent declared by some sign is required. Indeed it is not lawful to begin Confessions before that consent, requested by letters, has been received, even if it seems certain to be obtained. - Thus commonly.

A fortiori, ratihabition of approbation even prudently presumed is not valid, because ratihabition has place only in acts whose value can be suspended into the future; but the value of present absolution cannot be suspended; for the value of Sacraments cannot depend on a future action.

Query 4° Can a Bishop validly and licitly limit approbation with respect to a certain time, place, and persons?

Resp. 1° Affirm. as regards validity, even without cause. The reason is that it is an act altogether dependent on the will of the Bishop, as Superior. Hence just as he can validly refuse approbation, so he can grant it only with restriction. This is also clear from the 13th proposition condemned by Alexander VII: He satisfies the precept of annual Confession who confesses to a regular presented to the Bishop, but unjustly reprobated. Therefore the denial of approbation, even an unjust denial, is valid; therefore a fortiori a restriction. - This is also clear from Trent, where it is said: Unless he obtain approbation. But he who obtains it with restriction simply does not obtain it for the cases excluded.... Therefore.

Resp. 2° As regards liceity, distinguish. - A Bishop can indeed restrict or even altogether deny approbation for a just cause, as is evident; because the necessity of approbation was introduced for this end, that the suitable may be separated from the unsuitable. But otherwise if he does this without a just cause.

Query 5° What are the just causes for limiting approbation to a time, etc.?

Resp. They are for the most part the following: 1° if now there is a necessity of having several confessors, which afterward ceases; 2° if the one to be approved indeed has sufficient knowledge, but greater knowledge is deservedly desired for perpetual approbation; 3° if there is a prudent fear lest, after once having perpetual approbation, he neglect study; 4° for trying how he conducts himself in hearing Confessions, namely whether he applies general principles well in practice, etc.

Query 6° Can a Bishop validly and licitly revoke granted approbation?

Resp. 1° Affirm. by reason of validity, if a just cause is present. Otherwise it is controverted. Practically, however, the opinion denying this is scarcely to be judged probable, since for the Bishop there can be innumerable just causes for revoking approbation which are unknown to the confessor.

Resp. 2° By reason of liceity, distinguish. 1° A Bishop can indeed for just causes revoke approbation even granted without limitation; for this follows from the necessity of approbation, which demands that whoever ceases to be suitable be removed from the office. 2° But he cannot revoke approbation without a just cause. For from what has been said, a Bishop cannot deny approbation without a cause; therefore a fortiori he cannot revoke without cause the one granted; since according to the saying: A guest is more disgracefully cast out than not admitted.

Query 7° Can a Bishop approve a foreign priest?

Resp. A Bishop can approve any suitable one actually existing in his diocese, even if only passing through. This is clear from the universal practice and the common opinion of Theologians against a few, who for this require a quasi-domicile, or at least a domicile of habitation in the diocese of the approving Bishop. The reason is that delegation or a mandate can be committed to anyone, provided he is capable. This is clear moreover from the practice which is universally observed in the Church.