Article — Merkelbach, Summa Theologiae Moralis
Article III: On the Limitation of Jurisdiction with Respect to Persons
S. Th., Suppl., q. 20, a. 1.
587. Jurisdiction can be limited to certain 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 confessions of women.
In the new law certain prescriptions are established for the confessions both of religious and their novices and students, and especially of religious women.
588. Principle I. On the confession of religious and of their novices and students. - To absolve them validly no special jurisdiction is now required, but that which is granted by the Ordinary of the place or by their superior suffices; as to liceity, certain prescriptions are laid down in law.
"§ 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 the members, with the power, if it is a question of an exempt religion, of absolving even from cases (i.e., sins and censures) reserved in the religion," namely, so that a sufficient choice is given to religious.
"§ 2. Religious superiors who have the power of hearing confessions can, with those things observed which are to be observed by law (divine or ecclesiastical), hear the confessions of subjects who of their own accord and by their own motion ask this of them; but without a grave cause let them not do this by way of habit."
"§ 3. Let superiors take care that they do not induce any subject, either themselves by themselves or through another, by force, fear, importunate persuasions, or by any other reason, to confess sins to them."
Therefore:
- In order that a superior licitly hear a confession, provided it is not done by way of habit, a simple petition suffices.
- A grave cause, besides a spontaneous petition, is required in order that a superior hear someone by way of habit, as difficulty of confessing to other religious, of going out to find a confessor; nevertheless a grave cause is present only with difficulty if the community is large and there are several confessors.
- The 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 as those properly so called, but not the prefect of a filial house, minister, prefect of spirit, or economus.
Likewise canon 519: "The constitutions remaining firm which command or counsel that confession be made at stated times to determinate confessors (whose force or obligation therefore remains), if a religious, even an exempt one, for the quiet of his conscience, approaches a confessor (whether within or outside the house) approved by the Ordinary of the place, although not listed 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, in the external forum, nor from censures reserved ab homine according to can. 2245 and 2247.
The reason for making a confession for the quiet of conscience is not only a grave sin committed, but also doubt on account of temptation, or a light fault not ordinary, anxiety which is not easily opened to one's proper confessor, absence of confidence in the ordinary confessor or difficulty of approaching him, or a similar serious motive. In these cases they can approach any confessor whatever, but only in a licit way, i.e., according to the rules, for example, on an occasion offered within or outside the convent; but for this reason they cannot go out of the convent without permission, nor demand from the superior that he call such a confessor.
"1) According to the number of novices, let one or more ordinary confessors be had, with the prescription of can. 891 preserved.
"2) The ordinary confessors, if it is a question of a clerical religion, are to dwell in the house of the novitiate itself; if of a lay religion, let them at least frequently approach the house of the novitiate, to hear the confessions of the novices.
"3) Besides the ordinary confessors, let some confessors be designated whom the novices can licitly 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."
"The Master of novices (who are to be understood strictly, namely those who have not yet made profession) and his associate, the superior of a Seminary or college, are not to hear the sacramental confessions of their students living with them in the same house (not of outsiders), unless the students, from a grave and urgent cause in particular cases, spontaneously ask this."
Hence: 1) those who are enumerated in this can. 891 are not deprived of jurisdiction; whence a confession made to them would not be invalid, but it is prohibited and illicit. - 2) The superiors and students must remain in the same house of the convent, seminary, or college, i.e., of a boarding institution where they are instructed for theology, philosophy, or the humanities. - 3) Three conditions are required together in order that confessions be heard licitly: the spontaneous petition of the student, a grave and urgent cause, a particular case. Therefore, even on account of a grave cause, they cannot habitually and ordinarily hear the confessions of certain students. And for this reason their liberty in this matter is more restricted than that of a superior with respect to the confession of religious.
"§ 1. Any particular law or privilege being revoked, priests, both secular and religious, of whatever grade or office, for validly and licitly receiving 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 (but not of postulants), need a particular jurisdiction, with the prescription of can. 239, § 1, n. 1 (concerning the privileges of Cardinals), 522, and 523 preserved.
"§ 2. The Ordinary of the place, where the house of religious women is situated, confers this jurisdiction, according to the norm of can. 525."
But in order that this principle be suitably applied in 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 receives the sacramental confessions of the whole community, unless because of their great number or another just cause there is need of another or of several"; in which case it is expedient to divide the sisters into several categories according to order of profession, office, or language, so that there be one ordinary confessor for each category.
"§ 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 grant him easily; yet let him watch lest abuses creep in from this concession; and if they have crept in, let him cautiously and prudently eliminate them, with liberty of conscience preserved."
An abuse, for example, would certainly be present if almost 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 an extraordinary confessor be given, who at least four times in the year approaches the religious house and to whom all the religious women must present themselves, at least to receive a blessing.
"§ 2. The 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 these women can easily have recourse for the sacrament of Penance in particular cases, without it being necessary to approach the Ordinary himself as often as this occurs.
"§ 3. If some religious woman asks for one of those confessors (extraordinary or supplementary), it is licit for no superioress, either by herself or through others, neither directly nor indirectly, to inquire the reason for the petition, to oppose the petition by words or deeds, or in any way to show that she bears this with difficulty."
Therefore she cannot either directly inquire by herself, for example, by asking the reason from the religious woman herself; nor through others, for example, through the mistress of novices or through other sisters; or indirectly, by asking others where she has been or what she has said.
C. Canon 522: "If, notwithstanding the prescription of can. 520 and 521, some religious woman, for the tranquility of her conscience, approaches a confessor approved by the Ordinary of the place for women, a confession made in any church or even semi-public oratory is valid and licit, any contrary privilege being revoked; nor can the superioress prohibit this or inquire about this matter, not even indirectly; and the religious women are bound to report nothing to the superioress."
Canon 523: "All religious women, when they are gravely ill, although danger of death is absent, can call any priest approved for receiving the confessions of women, although not destined for religious women, and, during the grave infirmity, confess to him as often as they wish; nor can the superioress prohibit them, either directly or indirectly."
Therefore some religious woman, not the community, for the quiet of her conscience, can approach anywhere any confessor approved by the Ordinary of the place for women, even if the confessor occasionally or when called comes to the religious house itself (Commission of Interpretation, Dec. 28, 1927), - yet without any right belonging to the religious woman of asking for him or of demanding him, - and confess to him in any church or even semi-public oratory; therefore also in the church of her own convent, or in an oratory legitimately erected for the convenience of the community or group of faithful gathering there, but not in an oratory of only some family or a merely private one.
Moreover, a religious woman in a grave illness, namely one which greatly afflicts or easily becomes dangerous, can ask for any such confessor approved for women as often as she wishes, and therefore even several times in a week.
590. Corollaries. - From the foregoing it follows:
A. All religious women, whether novices or professed, at home or outside, validly make confession:
- to the ordinary confessor of the community;
- to the special confessor or spiritual moderator whom, when she asks for him for the quiet of her soul and for greater progress in God, the Ordinary will easily grant;
- if they are gravely ill, although danger of death is absent, to any priest approved for women, during the grave infirmity;
- to the extraordinary confessor of the community (to whom at least four times in the year they must present themselves) or to a supplementary confessor from those whom the Ordinary has designated for that purpose, when called by the superioress;
- finally to an occasional confessor approved by the Ordinary of the place for women, "provided it be done in a church or even semi-public oratory, or, as has recently been granted, in a place legitimately designated for hearing the confessions of women" (Commission of Interpretation, Nov. 24, 1920); which is to be understood not only of a place habitually designated, but also of a place designated by way of act, or chosen according to the norm of can. 910, § 1 (Commission of Interpretation, Feb. 12, 1935), namely on account of illness or another true necessity and with those precautions employed which the Ordinary of the place will have judged opportune. The place is required for validity, as is clear from the text itself and was authentically declared, Dec. 28, 1927.
B. In order that they licitly use the faculty indicated under nn. 4 and 5, Fr. Vermeersch had observed, Summa Iuris novi, n. 189, "in particular cases... a reasonable motive is required and suffices; nor could they, without the consent of the Ordinary, constitute one of these confessors as their stable confessor. Yet we do not deny that a particular case can recur more frequently among persons of anxious conscience. For all, a reasonable cause will be, for example, confession impeded on the customary day, greater devotion on the vigil of a feast, even a light fault admitted more deliberately, doubt on account of an importunate temptation, anxiety which she does not willingly open to the ordinary confessor, etc.
"Nevertheless, can. 522..., the faculty... of confessing to any confessor approved for women... with these words added: 'for the tranquility of her conscience,' is more cautiously expressed"; indeed, we add, according to the obvious sense this would rather seem to be required for validity (can. 39). Therefore mere natural preference does not suffice, nor a light reason, nor natural solace from speaking with such a confessor, or a mere impulse of a changeable soul (un caprice), but a serious reason, as was said in n. 588, A; - otherwise the restriction would be placed uselessly in the canon: for the tranquility of conscience.
C. Let it be noted that the aforesaid faculty has been given to each religious woman in particular (if some religious woman, says the canon), and consequently jurisdiction is not granted except for a particular case. Therefore a superioress could not ask any confessor whatever to supply, for her community, for the absent or impeded ordinary or extraordinary confessor; nor could an occasional confessor hear the whole community. For the confessions would be invalid because of the defect of special jurisdiction which is altogether required by can. 876; but if it were otherwise, the prescription of this canon would be rendered void. Therefore in the case either the extraordinary confessor, or one from the supplementary confessors, would have to be called.
591. Observations. - 1. If confessors specially called or occasionally sought should find that no reasonable cause of necessity or special utility legitimizes the religious women approaching them, and not the ordinary confessor, let them prudently dismiss them.