Clerical Religion of Men

I. In individual houses of a clerical religion, several confessors legitimately approved should be deputed in proportion to the number of members, with the power, if the case concerns an exempt religion, of absolving even in cases reserved in the religion (can. 518, § 1).

Note 1. Religious Superiors having the power of hearing confessions can, with the things to be observed by law observed, hear the confessions of subjects who spontaneously and of their own motion ask this from them, but they should not do this habitually without grave cause (can. 518, § 2). Grave causes are, for example, a shortage of confessors, an anxious state of conscience in a subject, and the like. But a petition made spontaneously and of one's own motion suffices for the Superior to hear confessions by way of an act.

Note 2. Superiors should take care not to induce any subject, either personally or through another, by force, fear, importunate persuasions, or in any other way, to confess sins to them (can. 518, § 3). Simple counsel or persuasion in a particular case is not excluded.

II. With the constitutions remaining firm which command or counsel confession to be made at stated times with determinate confessors, if a religious, even an exempt one, for the quiet of his conscience, approaches a confessor approved by the local Ordinary, even though not listed among those designated, the confession, any contrary privilege being revoked, is valid and licit; and the confessor can absolve the religious even from sins and censures reserved in the religion (can. 519). These things were explained in n. 372.

III. As regards novices, these things hold:

1. In proportion to the number of novices, one or more ordinary confessors should be had (can. 566, § 2, 1); these should stay in the novitiate house itself (can. 566, § 2, 2).

2. Besides ordinary confessors, some confessors should be designated whom the novices can freely approach in particular cases, and the Master should not show that he takes this ill (can. 566, § 2, 3).

3. At least four times a year an extraordinary confessor should be given to the novices, to whom all should approach at least to receive a blessing (can. 566, § 2, 4).

4. Also for novices the things said in n. 374, II hold.

Note 1. The master of novices and his associate, and the Superior of a Seminary or college, should not hear the sacramental confessions of their students staying with them in the same house, unless the students ask this spontaneously from a grave and urgent cause in particular cases (can. 891). Therefore novices cannot habitually confess to the master of novices even for a grave and urgent cause. It is not clear that the prohibition of confessing to the master of novices should also be extended to postulants, since the Master is not of himself set over postulants.

Note 2. Novices can confess to the Superior of the house for a just cause in particular cases; for a grave cause, habitually (cf. can. 518, § 2).

IV. As regards postulants, nothing special is established by the Code, so that they are subject only to the common governance of religious.

— The sum is this:

1. Several confessors, in individual houses, are to be deputed. How many in number? As many as the number of members demands. It is necessary, however, that individual religious obtain an option among several. And so the Superior could not constitute several confessors in such a way that one alone is assigned to the various parts of the community. And it is clear that a similar abundance of choosing must be given to household members, who besides enjoy greater liberty.

2. The constitutions are confirmed which command or recommend confession, to be made at stated times before determined confessors.

By what obligation? By the very obligation of the constitutions, which can command or merely recommend the matter. Nevertheless, with attention to the moderation immediately added, that precept cannot be grave.

3. "If a religious, even exempt, for the quiet of his conscience approaches a confessor approved by the local Ordinary, even if not numbered among those designated, the confession, any contrary privilege being revoked, is valid and licit" (c. 519).

If he approaches: understand, in a licit manner, according to the rules. For the right is not conferred on the religious that he may approach in any manner whatever, but, when an occasion is offered, within or outside the convent, he can use it. Wherefore, he can neither demand that the Superior call another, nor can he himself, for approaching the confessor, leave the convent for any other reason than that by which departure is permitted through the rules and constitutions. According to the various case it will or will not be expedient that the Superior concede departure or deny it according to the rules; but the faculty of departing cannot be denied for this reason, lest the religious approach another confessor.

For the quiet of his conscience. That condition is sufficiently fulfilled whenever the religious seriously wishes to open his soul to such a confessor. For every confession seriously made, in some true sense, tends to quiet of conscience; and serious choice of a confessor is directed to greater quiet of conscience; and besides, the reasonable mind of the legislator, who studied to promote quiet, must be that this condition, concerning an intimate matter, furnish no occasion for scruples.

But a confession of this kind does not of itself dispense the religious from observing the rules concerning confession to be made before designated confessors. For thus c. 519 itself has at the beginning: "The constitutions remaining firm which command or recommend confession at stated times before determined confessors."

4. For novices, a single ordinary confessor can be designated, who cannot be the master of novices or his associate (c. 891), or the Superior of the house, with attention to c. 518, §2. This ordinary confessor must dwell in the novitiate house itself. Besides, others are to be designated whom the novice, in particular cases, can freely approach. At least four times in the year, an extraordinary confessor is to be constituted, to whom all novices must approach, at least to receive his blessing. Finally, no less than for the others it is whole for novices to approach any confessor approved by the local Ordinary.

5. Confessors constituted by the Superior of an exempt religion must be furnished with habitual power of absolving also from cases reserved in the religion (c. 518, §1). But the confessor approved by the local Ordinary whom a religious approaches has from the law itself the faculty of absolving from sins and censures reserved in the religion (c. 519).

And so this is the difference between the two kinds of confessors: that the former, constituted by the religious Superior, do not have by the law itself that power over reserved cases which c. 519 grants to the latter.

Yet lest the discrepancy be strange, the power of absolving from reserved cases, of which c. 518 speaks, embraces the power of absolving from reserved sins and censures, of which c. 519 speaks. The latter more explicitly, the former more briefly, signifies the same thing.

6. Religious Superiors, neither by themselves nor through another, can induce any subject to confess sins before themselves (c. 518, §3). Nevertheless they can absolve subjects who spontaneously and of their own motion have sought their ministry. "But without grave cause let them not do this by way of habit" (c. 518, §2).

Can a Superior be appointed ordinary confessor in his own house? The question is not usefully posed except about that Superior alone who of himself does not already have jurisdiction: as, for example, about a minister or dependent Superior.

Regularly such a one cannot be appointed; but a grave cause, for example a scarcity of suitable men, can render this licit, provided that the complete liberty of the subjects has been safeguarded.

The subjects of whom there is question here are all those numbered in c. 514. And so resident students (outside vacations), but not external students, come under this name. Indeed, from c. 891, the prohibition of hearing resident students in confession sounds more severe: their Superiors cannot of themselves be habitual confessors.

7. As is sufficiently gathered from other canons, and is expressly said in cc. 874, 875, jurisdiction for hearing the confessions of persons of whom in c. 514 can always be conferred by the local Ordinary; in an exempt religion it is conferred also by those Superiors whom the Constitutions designate.

Moreover, jurisdiction conferred by a religious Superior, contrary to the jurisdiction which proceeds from the local Ordinary, is not affected by the reservations of the local Ordinary.

8. From c. 239, §1, 1°, Cardinals always have ready jurisdiction over all religious, however exempt, with ample power over reserved cases. Cf. n. 455.

9. Before the Code, religious belonging to an exempt clerical religion had to confess to a suitable companion on a journey. This disposition is not confirmed in the Code; so that without an express disposition of the Constitutions or delegation of the Superior, the companion, as such, is now furnished with no jurisdiction. For a tacit concession cannot suffice, by force of c. 879. But they can confess either to their Superior, or to the confessor of their house, or to any confessor approved by the local Ordinary.

II. Concerning the confession of religious men. - To absolve them validly no special jurisdiction is now required, but that which is conceded by the Ordinary of the place or by their superior suffices; as to liceity, certain prescriptions are placed in the law.

A. Concerning religious themselves, canons 518 and 519 are valid.

Canon 518: "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 members, with power, if it concerns an exempt religion, of absolving also from cases (that is, sins and censures) reserved in the religion.

"2. Religious Superiors having the power of hearing confessions can, with those things which are to be observed by law (divine or ecclesiastical) being observed, hear the confessions of subjects who of their own accord and by their own motion ask this from them, but they are not to do this habitually without grave cause.

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.

A. Concerning religious themselves, canon 518 is in force:

"§ 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:

1. In order that a superior licitly hear a confession, provided it is not done by way of habit, a simple petition suffices.

2. 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.

3. 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.

B. Concerning novices, canon 566, § 2, is in force:

"In religions... with the prescription of can. 519 preserved:

"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."

C. Concerning novices and students, canon 891 is in force:

"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.