Section I. On the Power of Jurisdiction in General

I. Notion of jurisdiction.

1. Jurisdiction taken in the full sense is the public power of ruling others (St. Alphonsus, VI, 557). It is said:

a) Public, because it directly regards the community and the common good. Namely, the power of jurisdiction rests on the dependence of persons equal in themselves, a dependence arisen from the obligation of pursuing the common good. This power, therefore, is as great, and no wider, than the procuring of the common good to be shared by all requires.

b) Of ruling. By this word, with respect to the Church, there is comprehended the threefold power of teaching, ministry, and governance; with respect to the civil state, only the power of governance, which nevertheless, just as the power of governance in the Church, is legislative, judicial, and executive. These matters, however, with respect to the Church, are treated more fully by dogmatic theologians and canonists; with respect to the civil state, by teachers of moral philosophy.

Corollary. The power of jurisdiction differs from dominative power, which rests on the dependence by which persons are under the dominion of another either naturally, as a father and children, or by handing over themselves, namely in the religious state. This power directly regards the private good of the subject. Hence legislative power does not belong to it, but only prescriptive power. By this, indeed, it can command more things, for example in domestic society and in a religious community, than legislative power can, which cares only for more general things; yet not so great things, since the reason or foundation of directly pursuing the common good is lacking. Thus, for example, the faculty of imposing grave penalties does not pertain to prescriptive power.

2. The power of jurisdiction accepted in the full sense, which, as follows from what has been said, comprises several things, can be communicated to others according to more or fewer things; and thus, once communicated, it also is usually called the power of jurisdiction. From this it follows that the power of jurisdiction is taken both in the full sense and in a less full sense; we must have regard to this usage in what follows.

II. Division of jurisdiction. Jurisdiction is first divided into ecclesiastical and civil, according as it is the power of ordering subjects to a spiritual good, that is, to eternal salvation, or to a temporal good. Ecclesiastical jurisdiction is divided:

1. Into ordinary and delegated jurisdiction. Ordinary jurisdiction is that which is attached to an office by the law itself (can. 197, § 1). It can be either proper or vicarious (can. 197, § 2). The former is that which is exercised in one's own name; the latter is that which is indeed attached by law to an office, but must be exercised in the place or name of another. Of this sort, for example, is the power of a vicar general. Delegated jurisdiction is said to be that which has been committed to a person (can. 197, § 1). It is called delegated for a universality of affairs when all causes of some kind, for example matrimonial causes, are committed to someone.

It is doubtful what sort of power the power of a vicar general is with respect to those things for which a special mandate is required, whether ordinary or delegated. But it seems to be delegated, because, having considered can. 368, only that power is attached by law to the office which does not require a special mandate.

2. Into jurisdiction of the external forum and of the internal forum, according as it is directly ordered to the common good or to private good. Hence jurisdiction of the external forum, or political, public forum, is exercised around that kind of matters which proximately regards the public utility of the faithful and the external order of the Church. Jurisdiction of the internal forum, or of conscience, of the forum of heaven, regards those things which proximately pertain to the private utility of the faithful. Jurisdiction of the internal forum is twofold, sacramental and extra-sacramental, according as it is exercised in or outside the sacrament of Penance (can. 196).

3. Into non-judicial or voluntary jurisdiction, and judicial or necessary jurisdiction. The former is exercised without the form of a trial and therefore over willing persons, as if someone dispenses someone from a law. The latter is exercised in judicial form and therefore over unwilling persons.

III. Acquisition of jurisdiction. Ordinary jurisdiction is acquired by obtaining the office to which it is annexed (cf. can. 147, § 2). Delegated jurisdiction can be granted and acquired in this way:

1. "One who has ordinary jurisdiction can delegate it to another in whole or in part, unless something else is expressly provided by law" (can. 199, § 1).

2. One who has delegated jurisdiction can subdelegate it as follows:

a) One who has jurisdiction delegated by the Holy See can subdelegate it either for an act or even habitually, unless the industry of the person has been chosen or subdelegation has been prohibited (can. 199, § 2).

b) One who has power delegated by one who, below the Roman Pontiff, has ordinary power, can subdelegate in individual cases if the power has been delegated for a universality of affairs (can. 199, § 3). In other cases he cannot subdelegate unless by an expressly made concession; but a delegated judge, even without an express concession, can subdelegate some non-jurisdictional article (can. 199, § 4), for example inquiry concerning the causes of a dispensation, concerning the worthiness of the petitioner, etc.

c) One who has subdelegated jurisdiction cannot subdelegate another, unless this has been expressly conceded (can. 199, § 5).

Note. The burden of proving delegation rests on him who asserts that he has been delegated (can. 200, § 2).

IV. Interpretation of jurisdiction. The following are to be interpreted broadly: 1. ordinary power of jurisdiction; 2. power delegated for a universality of affairs. Any other power is to be interpreted strictly (can. 200, § 1). Nevertheless, habitual concessions, which are granted either in perpetuity or for a predefined time or a certain number of cases, are to be interpreted broadly (cf. can. 66, § 1). Therefore the faculty of dispensing granted for a certain case is to be interpreted strictly (can. 85). But the reason on account of which power delegated for a universality of affairs and the aforesaid habitual concessions are also to be interpreted broadly is that they involve a grace made to the delegate.

Note. To him to whom power has been delegated, those things also are understood to have been conceded without which the same power could not be exercised (can. 200, § 1). Therefore in the faculty of dispensing there is also included the power of absolving from ecclesiastical penalties, if any perhaps stand in the way, but only to the effect of obtaining the dispensation (can. 66, § 3). Hence an excommunicated person, dispensed for marriage, is released from censure only with respect to the marriage.

V. Extension of jurisdiction. Jurisdiction extends itself:

1. With respect to persons:

a) The power of jurisdiction can be exercised directly only over subjects (can. 201, § 1).

b) One who has voluntary power of jurisdiction can also exercise it for his own advantage, or while existing outside the territory, or over a subject absent from the territory, unless something else is established from the nature of things or from law (can. 201, § 3).

c) One who has judicial power, whether ordinary or delegated, cannot exercise it for his own advantage or outside the territory, with certain exceptions preserved (can. 201, § 3). By force of these exceptions, one who has ordinary jurisdiction of absolving from sins and from censures can absolve subjects everywhere in the world (can. 401, § 1; 881, § 2), and a judge expelled by force from his territory, or impeded from exercising jurisdiction there, can exercise his jurisdiction and render sentence outside the territory, though the local Ordinary must be informed of this matter (can. 1637).

2. With respect to forum:

a) If the forum for which power has been given has not been expressed, the power is understood to have been conceded for both forums, unless something else is established from the nature of the matter itself (can. 202, § 3).

b) An act of the power of jurisdiction, whether ordinary or delegated, conferred for the external forum is valid also for the internal forum, but not conversely (can. 202, § 1). Nevertheless, compare can. 1047.

c) Power conferred for the internal forum can also be exercised in the extra-sacramental internal forum, unless the sacramental forum is required (can. 202, § 2).

Note 1. A delegate who exceeds the limits of his mandate, whether concerning things or concerning persons, does nothing. Nevertheless, the delegate is not understood to have exceeded these limits if he accomplishes the things for which he was delegated in a way other than pleased the delegating one, unless the mode itself was prescribed by the delegating one as a condition (can. 203).

Note 2. Voluntary power of an inferior is not suspended because someone, passing over the inferior, approaches a Superior.¹ Nevertheless, the inferior should not involve himself in a matter brought to the Superior, unless from a grave and urgent cause; and in this case he should at once warn the Superior about the matter (can. 204).

¹ Nevertheless note the doctrine of can. 44, § 2: "A grace denied by the Vicar General and afterward obtained from the Bishop, with no mention made of this denial, is invalid; but a grace denied by the Bishop cannot validly be obtained from the Vicar General, even if mention of the denial has been made, without the consent of the Bishop."

VI. Cessation of jurisdiction.

1. Ordinary power ceases when the office has been lost; it does not cease when the right of the one granting it has been dissolved, unless the law establishes otherwise, or unless in the concession there is contained the clause "at our good pleasure" or another equivalent clause (can. 208; 183, § 2). Jurisdiction is silent, that is, its force is suspended, if an appeal is interposed which is conceded in the suspensive effect; if it is conceded in the devolutive effect, meanwhile the subject must submit himself (can. 208).

2. Delegated power ceases: 1. when the mandate has been completed; 2. when the time has elapsed or the number of cases for which it was conceded has been exhausted; 3. when the final cause of the delegation ceases; 4. by revocation of the delegating one directly intimated to the delegate, or by renunciation of the delegate directly intimated to the delegating one and accepted by the same; 5. when several have been delegated collegially, if one is lacking, the delegation of the others also expires, unless something else is established from the tenor of the delegation. When the right of the delegating one has been dissolved, delegated power does not cease unless something else appears from added clauses, or unless the rescript confers the power of granting a grace to particular persons expressed in the rescript, and the matter is still entire¹ (can. 207, §§ 1 and 3; 1725, 3°). Finally, when power has been conceded for the internal forum,² an act placed through inadvertence after the time has elapsed or the number of cases has been exhausted is valid (can. 207, § 2).

¹ A matter is still entire if, in rescripts of grace, the executor has not yet placed any act by which he has preoccupied the matter; and in rescripts of justice, if the citation of the parties has not yet been made.

² For example, sacramental jurisdiction.