Case 10. Confessor of Nuns

Caius, the missionary Rector in a certain town, had Julius as his assistant in the care of souls. Julius, who had indeed been specially approved by the Bishop to hear the confessions of the Sisters called Sisters of Mercy, who had a house in the town, was absent for a certain week. On the customary day on which Julius was accustomed to hear their confessions, Caius, although not specially approved by the Bishop, moved by a recent discussion in a certain ecclesiastical periodical, went to the convent and heard the confessions of the nuns. When Julius learned after his return that the nuns’ confessions had been made to Caius, he maintained that they were to be repeated as invalid. Hence it is asked:

1. What is required in the minister of the sacrament of Penance?

2. What is specially required for hearing the confessions of nuns?

3. How do ordinary and delegated jurisdiction differ?

4. What is to be said of the case?

The first question was answered above, p. 169.

2. What is specially required in order to hear the confessions of nuns?

If a nun is lawfully outside her convent and makes her confession in a public Church, any confessor with ordinary diocesan faculties may hear her confession. If the confession is made in the convent, no priest can hear her confession unless he be specially approved by the bishop of the place for hearing nuns’ confessions in that particular convent. This has long been the discipline of the Church with respect to nuns with solemn vows. Provincial Councils (I West. d. XXVIII) and practice applied the same rule to nuns with simple vows. Diocesan faculties in England generally contain some such clause as the following: “ Of hearing the confessions of the faithful of either sex, but not of nuns or novices unless they are lawfully staying outside the cloister, nor, in monasteries or conservatories, the confessions of girls or women residing there.” Finally Leo ‘XIII decreed in his Constitution Conditae, Dec. 8, 1900: “ But if they are women's associations, the Bishop shall likewise designate priests for confessions, both ordinary and extraordinary, according to the norm of the Constitution Of Pastoral Care, issued by Benedict XIV, our predecessor, and of the decree In the Same Manner, issued by the Sacred Congregation set over Bishops and Regulars on 17 Dec. 1890; which decree indeed applies also to associations of men who are in no way initiated into sacred orders.”

3. How do ordinary and delegated jurisdiction differ?

“ Ordinary jurisdiction is the authority which is exercised in virtue of an office which one holds and in one’s own name; delegated jurisdiction is granted by one who has ordinary jurisdiction and is exercised in that person’s name.” 1

4. The case. Caius, a missionary Rector, had a 1 Manual of Moral Theology, vol. ii, 183.

coadjutor, Julius, who was specially approved by the bishop for hearing the confessions of the Sisters of Mercy who had a convent in the parish. While Julius was absent, Caius went and heard the confessions of the nuns, though he had no special approbation from the bishop. Some authorities hold that a parish priest, inasmuch as he has ordinary jurisdiction over all his flock, from which nuns with simple vows are not exempt, may hear the confessions of such nuns in their convent without special approbation from the bishop. Whatever may be said on this point, the doctrine can not be applied to Caius, who is not a parish priest, and who has only delegated jurisdiction. That jurisdiction was limited by the bishop and did not extend to nuns in their convent. However, as there was communis error, the absolution would probably be valid, as the Church would probably supply all that was wanted.¹

1 Manual of Moral Theology, vol. ii, 185.

1 Manual of Moral Theology, vol. ii, 141 f.