Article — Wouters, Manual of Moral Theology
Article I. On Sacramental Jurisdiction Generally
I. Notion. Sacramental jurisdiction is the power of hearing judicially the confessions of the faithful, and of absolving or binding them. In the new Code, the conferral of sacramental jurisdiction is called approval (cf. canons 872, 881, 882), so that that word no longer signifies an authentic testimony concerning someone's fitness to hear confessions.
II. Necessity is taught by Trent1 and by the Code of Canon Law (can. 872), and follows from the fact that absolution is not only a sacramental action, but also a judicial one, and therefore must be exercised upon a subject.2 But someone is constituted a subject through jurisdiction over him.3 Hence the opinion of some who taught that jurisdiction is not required for absolving from venial sins and from mortal sins already directly remitted must be rejected, and it is commonly rejected.
2 To the question how a confessor can have jurisdiction over his superior, this answer must be given: the superior, through the jurisdiction of the external forum which he has received from Christ as Pope, or from another, confers jurisdiction of the internal forum on the confessor, who then, by this jurisdiction, by which he acts in the name of Christ, absolves the superior as a private man.
3 The local Ordinary, although he enjoys ordinary jurisdiction over exempt religious and over travelers staying in the diocese, since the faculty of absolving them is attached to his office by the law itself, nevertheless cannot absolve the aforesaid outside the diocese, because they are not his subjects simply speaking. I said "simply speaking," because as long as they are staying in the diocese, they are subject to him in the order of absolution. Others call the jurisdiction of the local Ordinary over exempt religious and travelers staying in the diocese delegated by law, precisely because it does not extend to the same persons when they are staying outside the diocese. He can absolve everywhere non-exempt religious who dwell in the diocese, because they are his subjects.
III. Division. Sacramental jurisdiction is divided into ordinary and delegated, according as it is attached to an office by the law itself or committed to a person (can. 197, § 1; vol. I, n. 97).
IV. Ordinary jurisdiction. 1. It belongs, for the universal Church, to the Supreme Pontiff and to the Cardinals of the Holy Roman Church; for his own territory, to the local Ordinary, to the parish priest, and to others who take the place of the parish priest;1 likewise to the penitentiary canon of a cathedral or collegiate church, for all diocesan persons, even outside the diocese, and for outsiders who are staying in the diocese. All these he can absolve even from sins and censures reserved to the Bishop. Finally it belongs to exempt religious superiors for their subjects, according to the norm of the constitutions (can. 873, §§ 1 and 2).
It can be exercised over subjects wherever they are, so that, for example, a parish priest can absolve his parishioners even outside the parish or diocese (can. 873, § 2). In addition, parish priests commonly receive delegated jurisdiction for the whole diocese.
It ceases by loss of office and, after a condemnatory or declaratory sentence, by excommunication, suspension from office, and interdict (can. 873, § 3).
1 Who are meant by the name of local Ordinary and parish priest is set forth at length in the treatise on Matrimony. Those who are in the place of the parish priest are parochial vicars who are endowed with full parochial power; who these are, see the cited place.
V. Delegated jurisdiction. 1. The persons who delegate are:
a) The local Ordinary in whose place confessions are heard confers jurisdiction on priests, both secular and religious, even exempt, for hearing the confessions both of secular persons1 and of religious, even exempt; religious priests, however, are not to use that same jurisdiction without at least the presumed permission of their superior (can. 874, § 1).
b) In an exempt clerical religion,2 delegated jurisdiction for receiving the confessions of the professed, novices, and others of the household3 is also conferred by their Superior, according to the norm of the constitutions; he is permitted to grant it even to priests from the secular clergy or from another religion (can. 875, § 1). In an exempt lay religion,4 the Superior proposes the confessor, who nevertheless must obtain jurisdiction from the local Ordinary in whose place the religious house is found (can. 875, § 2).
c) For receiving validly and licitly the confessions of any religious women and novices, a special jurisdiction is required, any contrary particular law or privilege being revoked. This jurisdiction is conferred by the local Ordinary where the house of the religious women is situated (can. 876). More will be said about that special jurisdiction in n. 373.5
Corollary I. A Cardinal, a penitentiary canon, and a parish priest cannot delegate the ordinary sacramental jurisdiction which belongs to them by common law. For they are not enumerated in canons 874-876, in which the legislator manifestly intends to list all those who can delegate sacramental jurisdiction. Moreover, as regards the penitentiary canon this is established from canon 401, § 1, and as regards the parish priest from a response of the Pontifical Commission.6
Corollary II. One who has delegated sacramental jurisdiction from the Apostolic See can subdelegate it, unless the personal industry of the person was chosen or subdelegation was prohibited (can. 199, § 2). But one who has delegated sacramental jurisdiction from another than the Apostolic See cannot subdelegate it, unless by express concession (can. 199, § 4).
1 Many thought that Regulars received from the Supreme Pontiff, through their Superiors, jurisdiction over secular persons. If that privilege ever existed, it can no longer be maintained.
2 A clerical religion is one whose members for the most part are promoted to the priesthood (can. 488, 4).
3 That is, of those staying day and night in the religious house by reason of service, education, hospitality, or infirm health (can. 514, § 1).
4 A lay religion is one whose members for the most part are not promoted to the priesthood (can. 488, 4).
5 Canon 525 states: "If the house of religious women is immediately subject to the Apostolic See or to the local Ordinary, he chooses both ordinary and extraordinary priests for confessions; if it is subject to a regular Superior, he presents confessors to the Ordinary, whose duty it is to approve them for hearing the confessions of those nuns and, if need be, to supply for the Superior's negligence."
6 October 16, 1919, to 3 (A.A.S. 1919, p. 476).
2. The manner of delegating. For hearing confessions validly, jurisdiction expressly granted in writing or by words is necessary (can. 879, § 1). Therefore, for validity it is required that the jurisdiction be: 1. truly granted. Hence it is not enough that it has been requested, nor that the one delegating is presumed to be about to grant it; 2. expressly granted in writing or by words. This, however, has place sufficiently when the one delegating uses a telephone or telegraph. It is not required that the concession of jurisdiction be notified, because the conferral of jurisdiction is a favor made, or a favor which is granted without an intervening executor. Concessions of this kind have effect from the moment at which the letters are issued (can. 38). Hence a priest absolves validly after the Ordinary has signed the letters or has signified the concession by a mandatary; he absolves validly and licitly after he has in some true way been made certain of the concession, although outside a case of necessity it is expedient to await authentic notification.
We said that jurisdiction must be expressly granted in writing or by words. Yet this probably does not prevent a custom known to the Ordinary and tacitly approved by him from sufficing. For tacitly granted jurisdiction, which is disapproved by law, is one thing; a tacitly approved custom is another, so that in the case jurisdiction is at least probable and is supplied by the Church.
For the rest, the one delegating should observe these things:
a) Local Ordinaries should not habitually grant jurisdiction for hearing confessions to religious who are not presented by their own Superior; but they should not deny it without grave cause to those who are presented by their own Superior, with the prescription of canon 874, § 2 remaining firm. That canon is now set forth.
b) Neither local Ordinaries in granting jurisdiction nor religious Superiors in granting jurisdiction or permission for hearing confessions should grant it except to those who have been found fit by examination, unless the case concerns a priest whose theological doctrine they have ascertained from another source. If, after jurisdiction or permission has been granted, they prudently doubt whether a priest previously approved by them still continues to be fit, they should compel him to a new test of doctrine, even if the case concerns a parish priest or a penitentiary canon (can. 877). Hence, for someone licitly to be compelled to a new examination before his jurisdiction has elapsed, a founded doubt about his fitness is required.
c) Delegated jurisdiction or permission to hear confessions can be granted as circumscribed by certain limits (can. 878, § 1), for example for a definite time, or for men only. Nevertheless, local Ordinaries and religious Superiors should take care not to restrict jurisdiction or permission without reasonable cause too narrowly (can. 878, § 2). It would be unreasonable to except some time, for example the Easter season;1 likewise the sick.2
d) The local Ordinary or religious Superior should not revoke or suspend jurisdiction or permission to hear confessions except for a grave cause. But for grave causes the Ordinary can forbid even a parish priest or penitentiary confessor to exercise his function, with recourse in devolutive effect to the Apostolic See preserved. Nevertheless it is not lawful for a Bishop, without consulting the Apostolic See, if the case concerns a formed house, to take away jurisdiction all at once from all the confessors of some religious house (can. 880). It is otherwise if it is taken away from individuals successively.
e) An Ordinary who revokes jurisdiction without just cause indeed acts illicitly, but he does not seem to act invalidly; for against a revocation notified to a parish priest or penitentiary, who have ordinary jurisdiction, only recourse in devolutive effect is granted (can. 880); a fortiori for those who possess only delegated jurisdiction.
Corollary I. Some formerly taught that jurisdiction over venial sins and over mortal sins already directly remitted is conferred by Christ in ordination itself. But this opinion, which rests on no solid foundation, has long since been commonly rejected. Nor can the opinion formerly admitted by some any longer be maintained, according to which the aforesaid jurisdiction would be granted by the Church in ordination itself.3 The Code is silent about such a disposition, nor is the custom still in force to which some appealed (St. Alphonsus, VI, 543, 582).
Corollary II. Religious who have received jurisdiction from the local Ordinary should not use it without at least the presumed permission of the Superior (can. 519).
1 Cf. decree of the Sacred Congregation of the Council, September 22, 1668; Sacred Congregation of Bishops, April 3, 1584.
2 Cf. Constitution Superna of Clement X, September 13, 1641; Sacred Congregation of Bishops and Regulars, September 22, 1645; Sacred Congregation of the Council, December 14, 1658.
3 Innocent XI, by decree of February 12, 1679, prescribed: "Let them not permit [the bishops] that confession of venial sins be made to a simple priest not approved by the Bishop or Ordinary." And the Council of Trent absolutely, without excepting confession of venial sins, established that no one can hear confessions unless he has obtained a parochial benefice or approval (St. Alphonsus, Homo Apostolicus, tract 16, n. 77).
3. Cessation of delegation. Delegated sacramental jurisdiction ceases in the ways set forth in volume I, n. 101, where jurisdiction generally was discussed. Note also that of itself it does not cease by a mere change of domicile. If, however, jurisdiction was conferred because of an office, for example that of chaplain, which the confessor performed as a subject in some diocese, it is not judged to continue after he has resigned the office, unless the Ordinary's contrary intention is established. In addition, provincial and diocesan statutes should be attended to. Finally, observe that by force of canon 207, § 2, absolutions granted through inadvertence after the time has elapsed or after the number of cases has been exhausted are valid.
Note. Superiors should take care that religious subjects designated by them, especially in the diocese in which they dwell, when their ministry is required by local Ordinaries or parish priests for providing for the necessity of the people, both within and outside their own churches or public oratories, offer that ministry willingly, while religious discipline is preserved. Conversely, local Ordinaries and parish priests should willingly use the work of religious, especially those dwelling in the diocese, in the sacred ministry and especially in administering the sacrament of Penance (can. 608).