§ 2. On Delegated Jurisdiction

1751. DELEGATED jurisdiction, as was already said above, comes to priests from the legitimate commission of a Superior having ordinary jurisdiction. - For delegation of this sort there is REQUIRED, on the part of the one delegating, that he not extend it outside the territory or limits of his own jurisdiction; but on the part of the one to be delegated, that he not be an excommunicated vitandus, and moreover, if it is a question of receiving the confessions of seculars, that he have been previously approved (cf. n. 1746).

Jurisdiction is DELEGATED directly or indirectly.¹

I. It is delegated DIRECTLY when power is committed to someone so that he himself by himself may absolve penitents. This happens in a threefold way, namely by man, by law, and by custom.

1. Jurisdiction is said to be delegated BY MAN when someone able to delegate expressly, by word or writing, or at least tacitly, through signs which declare present consent, commits jurisdiction to someone capable (see what was said in n. 1747, q. 4).

2. Jurisdiction is delegated BY LAW when through a law, through a Bull, through a papal Constitution, the faculty of absolving is conceded to certain persons. Thus it has been conceded to Regulars, provided they have been approved by the Bishop of the place, that they validly and licitly absolve all coming to them. Thus from the Constitution Superna of Clement X.

3. Delegated jurisdiction is had BY CUSTOM when the custom of absolving is a certain indication of consent furnished by the Bishop, if namely he knows it and does not protest: as when neighboring pastors of diverse dioceses help one another with mutual assistance in hearing confessions.²

II. Jurisdiction is delegated INDIRECTLY when the faculty is conceded to the penitent of choosing for himself one of the approved priests as confessor. This election having been made, jurisdiction is judged to have been conferred upon the confessor by the Church.³

Moreover, the PRIVILEGE OF CHOOSING a confessor for oneself belongs: 1. by common law,⁴ to confirmed Bishops, although not yet consecrated; likewise to inferior exempt Prelates, Auditors of the Rota, and other Prelates of the Roman Curia, and to Superiors of Regulars, even local ones, with the privileges and statutes of Orders preserved; 2. by custom, to kings and princes enjoying supreme dominion; likewise to domestics of the Roman Pontiff; - 3. by special concession of the S. Pontiff, for example in the time of Jubilee, to all seculars and Regulars, as was said above (n. 1736).⁵

Note. Bishops and Prelates formerly could make their confessions before any priest whatever; but today they are bound to confess either before a subject whom they themselves approve, or before an external priest whom his own Bishop has approved. - But they can take this approved or elected priest with them, and use his ministry even in another diocese. Thus it was declared by the S. C. of the Council, and Gregory XIII confirmed this on December 1, 1582.⁶

1752. Questions. Q. 1. Whether a priest legitimately delegated can receive confessions of the faithful WITHOUT LEAVE of the pastor?

Resp. 1. Negative as regards LICEITY, if he receives them in a church subject to the pastor. For due order requires that license be sought from the rector of the church in which the sacred ministry is to be exercised. But if he receives them in a church of Regulars or of Nuns, the leave of the Superior or Superioress certainly suffices.

Resp. 2. Affirmative as regards VALIDITY; for the pastor can obstruct nothing when the Bishop has generally approved or delegated the confessor. But if in the approbation there were these clauses: With the consent of the pastor..., except at paschal time, or similar ones, they are to be understood of liceity alone. For thus universal custom bears, to which the delegating Superior is deservedly presumed to have conformed himself.⁷

Q. 2. Whether a priest furnished with legitimate jurisdiction in some place is able to receive confessions of TRAVELERS coming there?

Resp. St. Alphonsus affirms it, writing:⁸ "It is certain and common today among the Doctors that travelers, by reason of the connivance of Bishops, or better from universal custom, can confess to any confessor approved for the place where they are found; and such custom runs even if the traveler departs from his country for the end of confessing elsewhere"; provided he does not do this in fraud of reservation, as will be explained in its place (n. 1771, qq. 3 and 4). - Besides, as regards regular confessors Clement X expressly declared this in the Constitution Superna.⁹

Q. 3. In what way does delegated jurisdiction cease?

Resp. It ceases: 1. by revocation of the Superior, and this notified; - 2. by expiration of the prefixed time; - 3. by the death of the one delegating, or by his removal from office, if jurisdiction had been given for some particular person and the confession had not yet been begun; or also if it had been given generally, but with this or a similar clause: "at the decision of our will; until our good pleasure."¹⁰