Chapter VIII. Jurisdiction of the Minister of Penance

Priests are judges in the tribunal of Penance, and judges must have jurisdiction if their sentence is to take effect. As the Council of Trent teaches: ‘‘Wherefore, since the nature and order of a judgement require this, that sentence be passed only on those subject to that judicature, it has ever been firmly held in the Church of God, and this synod ratifies it as a thing most true, that the absolution which a priest pronounces upon one over whom he has not either an ordinary or a delegated jurisdiction ought to be of no weight whatever.”¹ Jurisdiction in general is the power of ruling subjects. We must distinguish jurisdiction in the internal forum from jurisdiction in the external forum. The latter has reference primarily and directly to the common good, to promote which it makes laws, administers justice, and directs the machinery of government. Jurisdiction in the internal forum refers directly and primarily to the good of the individual soul, whose actions it directs toward God. It is exercised either in the sacrament of Penance, when sins are forgiven, or outside the sacred tribunal, as when a dispensation is granted from ecclesiastical law. Again, jurisdiction is either ordinary or delegated. Ordinary jurisdiction is that which is annexed to an office by law; delegated jurisdiction is committed to a person.

The Pope and Cardinals have ordinary jurisdiction for hearing confessions throughout the whole Church.

Local Ordinaries and parish priests and those who are in the place of parish priests have ordinary jurisdiction for hearing confessions in their respective territories, as also has the Canon Penitentiary. The superiors of exempt religious have ordinary jurisdiction for their own subjects (Can. 873).

One who has ordinary jurisdiction for hearing confessions can absolve his subjects wherever he finds them.

Ordinary jurisdiction ceases by loss of office, and, after a declaratory or condemnatory sentence, by excommunication, suspension from office, and interdict.

The Ordinary of the place in which the confessions are heard grants delegated jurisdiction to hear the confessions of all penitents, whether secular or religious, to all priests, both secular and religious, even though they be exempt; but religious priests may not use the same without at least the presumed leave of their superior (Can. 874).

Local Ordinaries should not habitually grant faculties for hearing confessions to religious who are not presented by their own superior, nor without grave reason deny faculties to those whom he does present.

Local Ordinaries should only grant faculties for hearing confessions to such as have been proved fit for the office by examination, unless there is question of a priest whose theological knowledge they know from other sources (Can. 887).

Delegated jurisdiction can be granted with certain limitations as to time, place, persons, and cases.

Jurisdiction must be granted in writing or expressly by word, and without charge.

Parish priests, vicars of parish priests, and other priests with general delegation cannot delegate jurisdiction for hearing confessions without the faculty or mandate of the Ordinary of the place (Com. on Canon Law, October 16, 1919).

By Canon 881 all priests, whether secular or regular, approved for hearing confessions in any place, whether they have ordinary or delegated jurisdiction, can absolve validly and lawfully homeless persons and strangers who come to them from another diocese or parish, as also Catholics of any Oriental rite.

Without grave cause local Ordinaries may not revoke or suspend jurisdiction for hearing confessions, nor without consulting the Holy See can they lawfully take away faculties at one time from all the confessors belonging to a formed house of religious (Can. 880).

Delegated jurisdiction ceases when the mandate has been executed, when the time has elapsed or the number of cases for which it was given is exhausted, when the final cause of the delegation ceases; by the revocation of him who gave it directly intimated to the delegate, by the renunciation of the delegate directly intimated to him who gave it and accepted by him. It does not cease when he who gave it loses his authority, unless a clause was inserted to that effect, or jurisdiction was given as a favour to special persons to hear a confession and nothing has been done in the matter. If the case has been begun it may be finished (Can. 207).

However, if by inadvertence absolution is given after the lapse of the time for which jurisdiction was granted, or after the number of cases was exhausted, it is valid (Can. 207, sec. 2).

Even when a priest has not jurisdiction habitually, the Church sometimes supplies it for the good of the penitent, so that the absolution given may be valid.

In danger of death all priests, even though not approved for hearing confessions, may validly and lawfully absolve any penitents from any sins or censures, however reserved and notorious they may be, and even though an approved priest be present, but the special law about absolving an accomplice must be observed (Can. 882).

In a case of common mistake when many of the faithful think that a priest has faculties while he has not, the Church supplies jurisdiction, but if a priest knowingly exposes himself to hear confessions without faculties he sins grievously.

The Church supplies jurisdiction in a case of positive doubt and probability as to whether a priest has it (Can. 209).

According to Canon 883 all priests while on a sea voyage, provided that they have received faculties for hearing confessions, either from their own Ordinary or from the Ordinary of the port where they embarked, or from the Ordinary of any intermediate port by which they pass on their journey, can, during the whole voyage, hear the confessions in the ship of any of the faithful on board with them, although the ship on its voyage may pass by or even stay for some time in various places subject to the jurisdiction of different Ordinaries.

Moreover, when the ship stops on the voyage they can hear the confessions both of the faithful who for any reason come on board, and of such as while they chance to be on land ask them to hear their confessions, and validly and lawfully absolve them even from cases which are reserved to the-Ordinary of the place.

The Holy See has made special regulations with regard to the faculties of army chaplains (Can. 451, sec. 3).

¹ Sess. xiv, c. 7.