Section — Marc, Institutiones Morales
§ 2. On the Use of Privilege
- The privileged person is not held of himself to use his privilege; for no one ought necessarily to use his own right.
Nevertheless he is held per accidens: 1. if from non-use he would be about to bring grave damage upon his neighbor; thus a confessor having the privilege of absolving from reserved cases, after confession has been heard, is held to use it; 2. if the privilege yields to the common good, as ecclesiastical immunity; 3. if through the use of the privilege the observance of a precept becomes possible: thus a sick man who has the privilege of a private oratory, and can easily hear Mass on a feast day, is held to use it so that he may hear Mass of precept;2 4. if the privilege is real, attached to a place, dignity, or state, as are privileges conceded to Bishops and regulars (ibid., n. 3).
Note. He who has a privilege for the forum of penance, of absolving from censures and ecclesiastical penalties, very probably can use it even outside the sacrament, even if the faculty was conceived in these terms "to a priest confessor." For these words strictly denote a priest approved for confession, but not one hearing confessions (ibid., n. 4).
(2) Cf. the things which will be said n. 680. Note the words of the distinguished Lehmkuhl, I, n. 320: one can be obliged per accidens to the use of a privilege, if some virtue demands this.
- You will ask. Whether and when privileges ought to be manifested to Ordinaries of places?
Resp. Privileged persons are held to exhibit to Ordinaries of places their privilege, or a trustworthy copy of the same: 1. although not required, and before they can use them, if the matter concerns privileges with the clause: the Ordinaries of places having been made more certain, or concerning new indulgences to be published; 2. when required, yet without meanwhile being able to be interdicted from the use of the privilege, if the matter concerns the privilege of exemption of some religious Institute, where that would not be sufficiently notorious. Nevertheless the Bishop cannot require the whole codex, but only the privileges concerning which he doubts: whence he ought to indicate the cause why he asks.
It suffices that exempt persons hand over to the Bishop a transcript, signed by the Superior (Provincial) and furnished with a seal, with the note: that it agrees with the original. If the privilege is notorious, let the source be indicated to the Bishop where he will be able to read the public document.
Note. Regular prelates can take away or limit the use of privileges for subjects (ibid., n. 6, at the end).