§ 1. On Ordinary Jurisdiction

1749. I. Ordinary jurisdiction belongs to all those who have an OFFICE to which it is annexed BY ORDINARY LAW. This is established from the very definition of ordinary jurisdiction.

Hence ORDINARY jurisdiction belongs: 1. to the Supreme Pontiff, for the whole earth and in each forum; likewise to the Major Penitentiary, but only in the internal forum. - 2. To Bishops, for their respective dioceses, likewise in each forum; likewise to Archbishops visiting the subjects of Suffragans; to Vicars capitular; to Vicars general, and these, according to the very common and truer opinion, also for each forum; as also to the Canon Penitentiary of the cathedral Church for the internal forum, where the Penitentiary is erected into an Office. - 3. To pastors, likewise to perpetual vicars or vice-rectors, for their subjects, but in the internal forum alone. - 4. To Abbots, for their whole proper Convent or territory. - 5. To general Provosts, Provincials, and local Superiors, for their subjects. - See the Canonists.¹²

Let it be noted: 1. Those who possess ordinary jurisdiction can exercise it, since it is personal, EVERYWHERE, over their subjects. - Hence Bishops and pastors validly absolve the faithful committed to them outside the diocese, even from cases reserved in the place of confession. Thus the S. C. of the Council, December 3, 1707, in Posnanien.¹³

2. They can DELEGATE their jurisdiction, or exercise it through another, even if a Superior of an inferior order, in whom ordinary jurisdiction resides, contradicts. Thus the Pope can appoint confessors against the will of the Bishop, and the Bishop against the will of the pastor. - But if the one delegating does not have the right of approving in the place of confession, he is bound to choose those approved by the Ordinary of the place. Hence the faculty of delegating which pastors enjoy has become almost useless, since Bishops customarily confer jurisdiction together with approbation, as was said in n. 1745.

1750. II. Penitents can BECOME SUBJECTS of one having ordinary jurisdiction by a threefold reason: by reason of DOMICILE, by reason of PRIVILEGE OF STATUS, and by reason of CUSTOM (cf. n. 138, Div. 3).

1. By reason of DOMICILE or QUASI-DOMICILE; namely, if they intend to dwell in the territory of one having ordinary jurisdiction in perpetuity, or for a notable part of the year (cf. n. 203). - Hence merchants, students in academies, courtiers in courts, are subject to the ordinary jurisdiction of the pastors of those places where they are staying.

2. By reason of PRIVILEGE OF STATUS, or enrollment into certain families. Thus Cardinals dwelling at Rome, who otherwise lack jurisdiction, have it, and as it were ordinary, over their own household, for the forum of Penance. Hence "they are able to choose as confessor, both for themselves and for their household, any priest," whom also, if he has been approved in the City, they can take with them outside the City.¹⁴ - Thus also Novices are subject to Superiors of Religion, and all those who are truly of the household of the house, or domestics, and continual table-companions. Thus from the Constitution Superna of Clement X, and from the decision of the S. C. of Bishops and Regulars, July 21, 1848, in a Parmen.¹⁵ (cf. n. 2186).

3. By reason of LEGITIMATE CUSTOM, insofar as this is an indication of consent furnished by the Superior. Hence, from universal custom, the Bishop of the place whence ships set sail has the ordinary faculty of approving and delegating priests who are about to sail, for the whole time of navigation; that is, "until they arrive at a place where another ecclesiastical Superior possessing jurisdiction has been constituted."¹⁶

Likewise, chaplains of armies validly absolve soldiers who are on the road and in camps everywhere, even without jurisdiction obtained from the Bishop of the place. But they cannot absolve soldiers dwelling in garrisons without a special faculty of the Apostolic See, or the license of the Ordinary. This is established from various declarations of the S. C. of the Council.¹⁷

IT IS ASKED. In what way is ordinary jurisdiction LOST?

Resp. It is lost 1. by cessation of the Office, for example by death, resignation, removal, translation. But a pastor translated from one parish to another does not lose jurisdiction over the prior parish unless he has assumed possession of the new parish. Thus from common law.¹⁸ It is lost 2. by public excommunication and one denounced by name; likewise by suspension from jurisdiction, or from every office; otherwise, if the suspension is from Order only (cf. n. 1303).