Question III: Concerning the Limitation of Jurisdiction as to Persons

St. Thomas, q. 20, a. 1.

I. Jurisdiction can be limited to some persons, so that certain persons are excluded from the power and are not licitly, or even not validly, absolved. Thus, for example, in certain regions not all confessors, but only some, are customarily approved for the confession of women. In the new law certain prescriptions are established both for the confessions of religious and their novices and pupils, and especially for the confessions of religious women.

II. Concerning the confession of religious men. - To absolve them validly no special jurisdiction is now required, but that which is conceded by the Ordinary of the place or by their superior suffices; as to liceity, certain prescriptions are placed in the law.

A. Concerning religious themselves, canons 518 and 519 are valid.

Canon 518: "1. In individual houses of a clerical religion (whether exempt or non-exempt) let several confessors, legitimately approved, be deputed according to the number of members, with power, if it concerns an exempt religion, of absolving also from cases (that is, sins and censures) reserved in the religion.

"2. Religious Superiors having the power of hearing confessions can, with those things which are to be observed by law (divine or ecclesiastical) being observed, hear the confessions of subjects who of their own accord and by their own motion ask this from them, but they are not to do this habitually without grave cause.

"3. Let superiors beware lest either they themselves directly or through another, by force, fear, importunate persuasions, or any other reason, induce any subject to confess sins before themselves."

Therefore: 1) In order that a superior licitly hear confession, provided it is not done habitually, a simple petition suffices.

2. A grave cause, besides spontaneous petition, is required for a superior to hear someone habitually, such as difficulty of confessing before other religious or of going out to find a confessor; nevertheless a grave cause is with difficulty present if the community is large and there are several confessors.

3. A simple petition of the subject is not a sufficient reason for hearing him habitually.

The prohibition regards superiors, not subjects; superiors are to be understood in the proper sense, but not the head of a filial house, minister, prefect of spirit, or bursar.

Canon 519: "The constitutions remaining firm which prescribe or advise that confession be made at stated times before determinate confessors (of which, therefore, the force or obligation remains), if a religious, even exempt, for the quiet of his conscience approaches a confessor (whether within or outside the house) approved by the Ordinary of the place, even if not counted among those designated, the confession, any contrary privilege revoked, is valid and licit; and the confessor can absolve the religious (in the internal forum) even from sins and censures reserved in the religion"; not however from censures ab homine reserved according to can. 2245 and 2247.

The reason for making confession for the quiet of conscience is not only grave sin committed, but also doubt because of temptation, or a non-ordinary light fault, anxiety which is not easily opened to one's own confessor, difficulty of approaching the ordinary confessor, etc. In these cases they can approach any confessor whatever, but only in a licit manner, that is, according to the rules, e.g., when an occasion is offered within or outside the convent; but for this reason they cannot go out of the convent without license nor demand from the superior that he call such a confessor.

B. Concerning novices, canon 566 is valid: "In religions of men, with the prescription of can. 519 remaining safe:

"1. According to the number of novices, let there be one or several ordinary confessors, with the prescription of can. 891 remaining safe;

"2. Ordinary confessors, if it concerns a clerical religion, are to dwell in the house itself of the novitiate; if a lay religion, they are at least to come frequently to the house of the novitiate, to hear the confession of the novices;

"3. Besides ordinary confessors, let some confessors be designated whom the novices can freely approach in particular cases, nor let the Master show that he bears this with difficulty;

"4. At least four times in the year let an extraordinary confessor be given to the novices, to whom all are to approach at least to receive a blessing."

C. Concerning novices and pupils, can. 891 is valid: "The Master of novices (who are to be understood strictly, namely, those who have not yet emitted profession) and his associate, the Superior of a Seminary or college, are not to hear the sacramental confessions of their pupils dwelling with them in the same house (not externs), unless the pupils of their own accord ask this from a grave and urgent cause in particular cases."

Hence 1) those who are enumerated in can. 891 are not deprived of jurisdiction; whence confession made before them would not be invalid, but it is prohibited and is illicit. - 2) Superiors and pupils must remain in the same house of the convent, seminary, or college, that is, of the boarding establishment where they are formed for theology, philosophy, or the humanities. - 3) Three conditions are simultaneously required for confessions to be licitly heard: spontaneous petition of the pupil - grave and urgent cause - particular case. Therefore they cannot, even for a grave cause, habitually and ordinarily hear the confessions of certain pupils. And therefore in this matter their liberty is more restricted than that of a superior as to the confession of religious.

III. Concerning the confession of religious women, canon 876 is valid:

"1. Any particular law or privilege being revoked, priests, both secular and religious, of whatever grade or office, for receiving validly and licitly the confessions of any religious women whatever (whether nuns, or other religious women approved by the Holy See, or even diocesan religious women, indeed women living in common without vows according to can. 675) and of novices (not however postulants), need peculiar jurisdiction, with the prescription of can. 239, § 1, n. 1 (concerning the privileges of Cardinals), 522 and 523 remaining safe.

"2. The local Ordinary, where the house of the religious women is situated, confers this jurisdiction, according to the norm of can. 525."

Moreover, that this principle may be opportunely applied to practice, further prescriptions come to be noted:

A. Canon 520: "1. To individual houses of religious women (at least formed houses) let only one ordinary confessor be given, who is to receive the sacramental confessions of the whole community, unless because of their great number or another just cause there is need of another or several."

In such a case it is expedient to divide the sisters into several categories according to order of profession, office, or language, so that for individual categories there may be one ordinary confessor.

"2. If some religious woman, for the quiet of her soul and for greater progress in the way of God, asks for some special confessor or spiritual moderator, let the Ordinary easily concede him; nevertheless let him watch lest abuses creep in from this concession; but if they have crept in, let him eliminate them cautiously and prudently, with liberty of conscience remaining safe."

An abuse, for example, surely would be if nearly all the religious women had a special confessor, because this would be to twist and frustrate the law.

B. Canon 521: "1. To each community of religious women let there be given an extraordinary confessor who at least four times in the year comes to the religious house and to whom all religious women must present themselves at least to receive a blessing.

"2. Ordinaries of places in which communities of religious women exist are to designate some priests (at least two, not indeterminately) for individual houses, to whom for the sacrament of Penance in particular cases they can easily recur, without its being necessary to approach the Ordinary himself as often as needed.

"3. If some religious woman asks for one of these confessors (extraordinary or supplementary), it is permitted to no Superior, either by herself or through others, neither directly nor indirectly, to inquire into the reason for the petition, to resist the petition by words or deeds, or in any way to show that she bears this with difficulty."

Therefore she cannot inquire directly by herself, e.g., by asking the reason from the religious woman herself, nor through others, e.g., through the mistress of novices or through other sisters, nor indirectly by asking others where she was or what things she said.

C. Canon 522: "If, notwithstanding the prescription of can. 520, 521, some religious woman, for the tranquility of her conscience, approaches a confessor approved by the Ordinary of the place for women, the confession made in any church or oratory, even semi-public, is valid and licit, any contrary privilege revoked; nor can the Superior prohibit this or inquire concerning this matter, not even indirectly; and religious women are held to report nothing to the Superior."

Canon 523: "All religious women, when they are gravely sick, although danger of death is absent, can call any priest approved for receiving the confessions of women, even if not destined for religious women, and confess to him, as often as they wish, while the grave infirmity endures; nor can the Superior prohibit them either directly or indirectly."

Therefore some religious woman, not the community, for the quiet of her conscience, can approach any confessor approved by the Ordinary of the place for women anywhere, even if the confessor comes occasionally or when called to the religious house itself (Commission of Interpretation, 28 Dec. 1927) - without, however, any right of requesting him or demanding him belonging to the religious woman - and confess before him in any church or oratory, even semi-public; therefore also in the church of her own convent, or in an oratory legitimately erected for the convenience of the community or group of the faithful coming together there, not however in an oratory of only some family or merely private. Besides, a religious woman in grave illness, which namely greatly afflicts or easily becomes dangerous, can ask for any confessor similarly approved for women as often as she wishes, and consequently even several times in a week.

IV. Corollaries. - From the foregoing we conclude with Fr. Vermeersch, Summa Novi Iuris, nn. 188-189: "All religious women, whether novices or professed, at home or outside, make confession validly:

1. before the ordinary confessor of the community;

2. before a special confessor or moderator whom, when she asks for him for the quiet of her soul and for greater progress in the way of God, the Ordinary will easily concede;

3. if they are gravely sick, although danger of death is absent, before any priest approved for women, while the grave infirmity endures;

4. before the extraordinary confessor of the community (to whom at least four times in the year they must present themselves) or before a supplementary confessor from those whom the Ordinary has designated for that end, called by the Superior;

5. finally before an occasional confessor approved by the Ordinary of the place for women, provided confession is made in a church or oratory, even semi-public," or, as has recently been conceded, in a place legitimately designated for hearing the confessions of women;¹ which is not to be understood only of a place habitually designated, but also of a place designated by way of an act, or chosen according to the norm of can. 910, § 1,² namely, because of infirmity or another true necessity and with the cautions which the Ordinary of the place shall have judged opportune having been employed.

¹ Namely, this was extended to every place destined for confessions, for on 24 Nov. 1920, to the question whether confession made outside a church or oratory is only illicit, or invalid, the response was authentically given thus: "canon 522 is to be understood thus, that confessions... are licit and valid, provided they are made in a church, or oratory and semi-public, or in a place legitimately designated for hearing the confessions of women." The place is required for validity, as is established from the text itself, and recently was authentically declared, 28 Dec. 1927.

² Thus Commission of Interpretation, 12 Feb. 1935.

In order that they may licitly use the faculty indicated under nn. 4 and 5, "in particular cases, a reasonable motive is required and suffices; and without the consent of the Ordinary, they could not constitute one of these adventitious confessors as a stable confessor for themselves. Nevertheless we do not deny that a particular case can recur rather frequently for a person of anxious conscience. A reasonable cause for all will be, for example, confession impeded on the accustomed day, greater devotion on the vigil of a feast, a fault even light but more deliberately admitted, doubt because of an importunate temptation, anxiety which one does not gladly open to the ordinary confessor, etc.

"Nevertheless by canon 522... the faculty... of confessing before any confessor approved for women... is expressed more cautiously by the added words: for the tranquility of her conscience," and indeed, we add, in the obvious sense, for validity (can. 39). Therefore natural preference alone, or a light reason, does not suffice, nor only the natural consolation of speaking with such a confessor, or a mere impulse of a changeable soul (un caprice), but a serious reason; for otherwise the restriction would be placed uselessly in the canon: for the tranquility of conscience.

It should be noted besides that the aforesaid faculty has been given to some religious woman in particular (if some religious woman, says the canon), and consequently jurisdiction is not conceded except for a particular case. Therefore a superior could not ask any confessor whatever to supply for her community for an absent or impeded ordinary or extraordinary confessor; nor could an occasional confessor hear the whole community. For the confessions would be invalid because of defect of special jurisdiction which is altogether demanded by can. 876; but if it were otherwise, the prescription of this canon would be undone. Therefore in the case either the extraordinary confessor, or one of the supplementary confessors, would have to be called.

V. Observations. - 1. If confessors specially called or occasionally sought should find that no reasonable cause of necessity or special utility legitimates the fact that religious women approach them and not the ordinary confessor, let them prudently dismiss them.

2. Concerning the qualities of a confessor of religious women, ordinary or extraordinary, canon 524 speaks.

3. Concerning their approval and removal, see can. 525-527.