Confessors of religious

347. Prenotions. The terms which the Code of Canon Law uses in this matter must be premised.¹

A religion is a society approved by ecclesiastical authority, in which public vows, perpetual or temporary, but to be renewed when the time has elapsed, are emitted.

An order is a religion in which solemn vows are emitted.

A religious congregation is a religion in which only simple vows (whether perpetual or temporary) are emitted.

A religion is called clerical if most of the members are increased with the priesthood; otherwise it is called lay.

A religious house is a house of a religion in general; a religious is one who emits vows in some religion.

A regular house is a house of an order; a regular is one who emits vows in some order.

A formed house is one in which at least six professed religious dwell, of whom in a clerical religion at least four are priests.

Major superiors are Abbots, Generals, and Provincials, and others having power after the manner of provincials.

¹ Cf. Cn. 488.

348. Principles. 1. Ordinary jurisdiction over religious themselves is had: a. in an exempt religion by the superior and the ordinary of the place;¹ b. in a non-exempt religion by the ordinary of the place alone.²

2. Delegated jurisdiction for absolving religious can be granted, with respect to an exempt religion, both by the superior and by the ordinary of the place, and indeed by each to priests both secular and religious, even of another religion; with respect to a non-exempt religion, by the ordinary of the place alone.³

In actual fact, all priests, both secular and regular, who are furnished with the jurisdiction of their own ordinary, can in their own territory validly and licitly absolve any religious whatever, even exempt, even from reserved cases (n. 341).

3. Concerning the confessors of religious these things have now been established:

a. In individual houses of a clerical religion, according to the number of members, several confessors must be deputed with power, if it concerns an exempt religion (which can have its own reserved cases), of absolving even from reserved cases.⁴ In lay religions an ordinary and extraordinary confessor must be constituted, and if a religious asks for some special confessor, the superior must grant him, without inquiring into the reason of the petition or showing that he bears it ill.⁵

These confessors are constituted: a. in an exempt clerical religion by the superior; b. in an exempt lay religion the superior proposes the confessor, to whom the ordinary of the place confers jurisdiction; c. in non-exempt religions the ordinary of the place constitutes them.⁶

b. The superiors themselves can hear the confessions of subjects who spontaneously and freely ask this, but without a grave cause they should not do this habitually. They should also beware lest either by themselves or through another they induce any subject by force, fear, importunate persuasion, or any other reason, to confess with them.⁷

c. A religious, even an exempt one, for the peace of his conscience, can approach a confessor approved by the ordinary of the place, even if he is not among the designated confessors; this confessor can validly and licitly absolve the religious, even from sins and censures reserved in the religion.⁸

Therefore any religious can approach any confessor approved by the ordinary of the place, whether secular or religious of the same or another order, both at home and outside the house and on a journey, whether the superior consents or resists, and can be absolved by him validly and licitly, even from reserved cases, without any burden to be fulfilled afterward.

4. With respect to novices. a. According to the number of novices, one or several ordinary confessors are to be constituted for them, who should dwell in the novitiate house itself if this is clerical, or at least frequently approach to hear the confessions of the novices if it is lay.

b. Besides the ordinary confessors, some confessors are to be designated whom the novices can freely approach in particular cases.⁹

c. At least four times in the year an extraordinary confessor is to be given to them, to whom all should approach at least to receive a blessing.¹⁰

d. The master of novices and his associate should not hear their confessions habitually, unless the novices spontaneously request this in particular cases from a grave and urgent cause.¹¹

5. With respect to domestics. By force of jurisdiction granted by the superior of the religion alone, even the households of regulars can be absolved.

a. Therefore the doubt, namely whether boarder pupils who live in monasteries or colleges under the discipline of regulars pertain to the households of regulars, whom regulars can absolve in confession by their own power, has now been solved, because Cn. 514, 1 also simply numbers pupils among households.

b. The jurisdiction of regulars over boarder pupils lasts as long as their subjection under the discipline of regulars lasts. Therefore during the time of vacations or a journey they cannot be absolved by regulars if at that time, now exempt from the discipline of regulars, they have again been given back to the care of their parents or others.

¹ Cn. 501. - Cn. 873, 2. - Cn. 874, 1.

² Cn. 500.

³ Cn. 874; 875, 1.

⁴ Cn. 518.

⁵ Cn. 528.

⁶ Cn. 875; 529.

⁷ Cn. 518, 2, 3.

⁸ S. C. de Religiosis, 5 Aug. 1913. Cn. 519.

⁹ Cn. 566, 3.

¹⁰ Cn. 566, 4.

¹¹ Cn. 891.

THE local Ordinary can give jurisdiction to hear the confessions of the members of a clerical order of exempt religious, as we have seen. Their religious superior, in accordance with the Constitutions, can likewise grant jurisdiction for hearing the confessions of the religious, of the novices, and of others who by day and night live in a house of the religious as servants, scholars, guests, or for the sake of their health. The religious superior can grant jurisdiction for hearing the confessions of all these to secular priests also, and to priests of other religious institutes.

In an exempt institute of laymen the superior proposes a confessor to the local Ordinary from whom he ought to obtain jurisdiction (Can. 875).

In an institute of laymen who are not exempt the local Ordinary designates a priest to hear confessions (Can. 529).

In each house of clerical religious it is prescribed that several lawfully approved confessors be appointed according to the number of the inmates, with power to absolve from cases reserved in the order in the case of exempt religious (Can. 518, sec. 1).

In institutes of laymen it is prescribed that an ordinary and an extraordinary confessor be appointed; and if a religious ask for a special confessor the superior should grant the request without in any way inquiring into the reason for the request, or showing displeasure at it (Can. 528).

To hear the confessions of novices in orders of men it is prescribed that one or more ordinary confessors be appointed according to the number of novices. In the case of clerical orders, these ordinary confessors should live in the novitiate; in the case of orders of laymen, they should at least frequently come to the novitiate to hear the confessions of the novices.

Besides the ordinary confessors some other confessors should also be appointed, and free access to them should be allowed the novices.

Moreover, at least four times in the year an extraordinary confessor should be allowed the novices, and all of them should present themselves to him at least to ask for his blessing (Can. 566). y Finally, while the Constitutions which prescribe or advise confession at fixed times to appointed confessors should be observed, if a religious even though exempt, for his peace of conscience, go to a confessor approved by the local Ordinary, even though he is not one of those designated for religious, the confession is lawful and valid, and any privilege to the contrary is revoked; and such confessor can absolve the religious even from sins and censures reserved in the order (Can. 519).

To hear the confessions of religious women in their convents lawfully and validly, both secular and religious priests of any degree or office, except Cardinals, require a special jurisdiction which the Ordinary of the place grants where the convent is situated, and any special law or privilege to the contrary is revoked (Can. 876).

To hear the confessions of such religious women one ordinary confessor only is to be appointed for each convent, unless the great number of the religious or some other cause require more (Can. 520).

The ordinary confessor is appointed for three years, but under certain conditions his office may be prolonged for a second or even for a third period of three years (Can. 526).

An extraordinary confessor for each community of religious women should be granted at least four times in the year, and all the religious and novices should present themselves to him at least to ask for his blessing (Can. 521).

The local Ordinary should appoint some special confessors for every house where a religious community lives to whom any nun may easily have recourse in particular cases, and if any religious asks for such a confessor no superioress in any way may inquire into the reason for the request, refuse it, or show displeasure at it (Can. 521).

Besides these confessors a religious sister, for the quiet of her conscience and for greater progress in the way of God, may ask for some special confessor or spiritual director, and the Ordinary should readily grant the request, while taking care that abuse does not creep in (Can. 520).

A religious sister may also go to any confessor approved for women by the local Ordinary in any church or oratory, even semi-public, or in a place lawfully set apart for hearing the confessions of women, without being obliged to refer to her superioress; indeed, the superioress is not allowed to forbid her going, or to inquire about it even indirectly (Can. 522).

A religious sister who is seriously ill, though not in danger of death, may call any priest approved for hearing the confessions of women though not designated for religious, and confess to him as often as she wishes during her serious illness, nor can the superioress forbid it, directly or indirectly (Can. 523).: Any priest can absolve anyone in danger of death.

The confessors of religious women should be conspicuous for probity and prudence, forty years of age, unless in the judgement of the Ordinary a good reason otherwise require, and they have no power over the religious in the external forum.

I. Jurisdiction over soldiers. 1. It is clear that soldiers can confess to a priest who has jurisdiction from the local Ordinary in whose place the confessions are instituted. What military chaplains can do independently of the local Ordinary depends on the special prescriptions of the Holy See (cf. can. 451, § 3). Namely, if a military bishop has been constituted, or at least if a chief chaplain has been placed over the whole army, the faculty of conferring jurisdiction over soldiers on other priests is easily granted to these.¹

2. Soldiers called to war, or mobilized as it is said, are equated with those constituted in danger of death; hence for them there hold the things which we shall say about jurisdiction over the dying (n. 370).²

¹ Cf. A.A.S. 1915, p. 217.

² Sacred Penitentiary, March 18, 1912; May 29, 1915 (A.A.S. 1915, p. 282); cf. Sacred Penitentiary, December 18, 1914 (A.A.S. 1914, p. 712); December 4, 1915 (A.A.S. 1915, p. 526).

II. Jurisdiction over those sailing. All priests undertaking a sea voyage, provided they have duly received the faculty of hearing confessions either from their own Ordinary, or from the Ordinary of the port in which they board the ship, or even from the Ordinary of any intermediate port through which they pass on the journey, can throughout the whole journey receive on board the ship the confessions of any of the faithful sailing with them, even though the ship on the journey passes through, or even remains for some time in, various places subject to the jurisdiction of different Ordinaries. Whenever the ship stops on the journey, they can receive the confessions both of the faithful who for any reason come to the ship and of those who, while the priests are briefly calling at land, ask to confess, and can validly and licitly absolve them even from cases reserved to the local Ordinary (can. 883). Therefore observe:

1. The proper Ordinary of a secular priest and of a non-exempt religious is the local Ordinary in whose place the aforesaid have domicile or quasi-domicile up to the undertaking of the journey. It is disputed whether jurisdiction can also be conferred on an exempt religious by his own major Superior. Some affirm this, because the Code speaks of the Ordinary, not of the local Ordinary. But under the name Ordinary there also comes a major Superior. Nevertheless, it seems this must be denied, considering the character of both the ancient¹ and the new legislation, which continually assigns the conferral of jurisdiction over secular persons and non-exempt religious to the local Ordinary. There is added the fact that in doubt one must not depart from the old law (can. 6, 4).

2. Jurisdiction is had throughout the whole journey. The journey, however, is judged to begin when the ship first leaves the port. The journey and the jurisdiction continue until the priest, having left the ship, has definitively landed.

3. The word briefly comprehends three whole days, not more. This also holds in the case in which, to continue the same journey, the confessor must leave one ship in order to board another, if he must wait so long for this ship in port.²

¹ Holy Office, August 23, 1905 (Collectanea, n. 2244).

² Pontifical Commission, May 20, 1923 (A.A.S. 1923, p. 112).

III. Jurisdiction over the dying. In danger of death all priests, even those not approved for confessions, validly and licitly absolve any penitents from any sins or censures whatsoever, however reserved and notorious, even if an approved priest is present, with the prescription of canons 884 and 2252 preserved (can. 882). It is said:

1. In danger of death. The article of death is not required, but grave danger of death suffices, and indeed whether truly existing or prudently, though falsely, thought to exist, whether already arisen or soon to arise. Therefore the case is present: 1. in a dangerous illness; 2. in a very difficult childbirth, or a little before it; 3. before a dangerous surgical operation; 4. before a voyage full of danger; 5. in time of plague; 6. in battle or a little before it (St. Alphonsus, VI, 561). With those constituted in danger of death are equated: 1. soldiers called to war or mobilized;¹ 2. all men and women, not excluding religious sisters, who in some way belong to mobilized armies and are staying in camps.² These, however, regard only kingdoms which are waging war or are in imminent danger of war, as seems to be deduced from the words "called to war" and "staying in camps."³

2. All priests, even those not approved for confessions; even public heretics or schismatics; likewise excommunicates, both tolerated and to be avoided (cf. can. 2261, § 3).

3. Even if an approved priest is present; hence as regards validity no priest is now excluded. Nevertheless, of itself it is illicit to receive absolution from a heretic or schismatic if another is present.

4. With the prescription of canon 884 preserved; considering that canon, absolution of an accomplice in danger of death is indeed valid, but outside a case of necessity is illicit.

5. With the prescription of canon 2252 preserved; that canon treats of the recourse sometimes to be made after recovery; this will be discussed later. In addition, note:

a) Absolution in danger of death, as regards censure, is limited to the internal forum;⁴ hence for all penal effects, for example for ecclesiastical burial, recourse must be had to the ecclesiastical judge.

b) Absolution, although valid, can nevertheless be illicit because the priest acts imprudently, for example because he is not sufficiently versed in Moral Theology and another more learned one is present. In the case, an excusing cause is required, for example if the dying person desires to be absolved by such a determinate confessor.

¹ Sacred Penitentiary, March 18, 1912.

² Sacred Penitentiary, December 21, 1914; May 29, 1915.

³ Sacred Penitentiary, March 11, 1915; May 25, 1915.

⁴ Pontifical Commission, December 28, 1927, to II (A.A.S. 1928, p. 61).

IV. Jurisdiction over travelers and those without a domicile. All priests of either clergy approved for hearing confessions in some place, whether instructed with ordinary or delegated jurisdiction, can also validly and licitly absolve persons without a domicile and travelers from another diocese or parish who come to them, and likewise Catholics of any Oriental rite (can. 881, § 1). From these things it is deduced, as is also clear from canon 874, § 1 and from a response of the Pontifical Commission,¹ that jurisdiction over travelers is obtained from the local Ordinary. To what extent travelers can be absolved from reserved cases will be discussed later.

¹ November 24, 1920 (A.A.S. 1920, p. 575).

V. Jurisdiction over exempt religious. We speak only of exempt religious, because non-exempt religious, as regards jurisdiction over them, are equated with the other faithful. Over exempt religious, however, jurisdiction is possessed by:

1. Over religious of an exempt clerical religion:

a) The proper Superior of the religious, who indeed enjoys ordinary jurisdiction over them (can. 875, § 1).

b) The local Ordinary in whose place they are staying (can. 519). His jurisdiction over them seems to be delegated by law rather than ordinary, because it extends only to those who are staying in his territory (n. 362). Nevertheless, he can absolve them even from sins and censures reserved in the religion (can. 519).

c) Those to whom the Superior or local Ordinary has delegated jurisdiction (can. 519 and 875, § 1). Jurisdiction delegated by the Superior is personal, so that it can be exercised everywhere; but jurisdiction granted by the local Ordinary does not extend to religious staying outside the Ordinary's territory. With respect to those who are staying in the Ordinary's territory, however, the granted jurisdiction also includes sins and censures reserved in the religion (can. 519).

What has been said about exempt religious also holds for their novices, students, boarders, and others of whom n. 164 speaks (can. 874, § 1; 875, § 1). It can nevertheless be disputed whether the religious Superior and those delegated by him retain jurisdiction over students during holidays while they are staying outside the religious house. This seems to have to be denied, because at that time the students are not subject to the Superior's power. Otherwise one should speak if during school time they go out, for example for the purpose of making a pilgrimage.

Exempt religious staying outside their own house can confess as follows:

a) Those actually traveling can confess, just as those dwelling at home can, to one approved either by the local Ordinary in whose place the confession is made, or by their own Superior; but not to a companion or another who has been approved by neither. That jurisdiction must be received from one or the other follows from canons 519, 874, § 1, and 875, § 1, so that the contrary doctrine, formerly admitted by many, must be rejected.

b) Travelers who are staying in some convent of their own order can confess: 1. to those approved by the local Ordinary; 2. to those approved by their own Superior; 3. to the Prelate of that convent and to those approved by him, namely by custom.

2. Over members of an exempt lay religion, jurisdiction is possessed by the local Ordinary in whose place they are staying and by those to whom the local Ordinary has granted it (can. 519 and 875, § 2).

3. 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). Moreover:

a) A confession is made for quiet of conscience whenever from a confession made in this way greater quiet of conscience is hoped for, whether because of a more candid accusation, or because of a nearer occasion of confessing, for example if the ordinary confessor is absent. The causes assigned are of themselves accidental, and in such a case the religious would not have to approach the ordinary confessor again on that occasion, which is nowhere imposed. Besides, if a permanent cause were present, a permanent exception would also be permitted. Nevertheless, then it would be better to seek from the Superior, with permission, that different confessor who would become habitual.

b) The condition set forth under a) is not judged to pertain to validity, both because a condition so intimate is not presumed by the legislator to be intended for validity, and because that would provide occasion for doubts and anxieties. Nevertheless, to approach a non-designated confessor merely at one's own pleasure is illicit.

c) It is not lawful for a religious, if the constitutions forbid it, to leave the house without the Superior's permission for the purpose of confessing.

VI. Jurisdiction over religious women. Priests, both secular and religious, of whatever rank or office, need special jurisdiction for validly and licitly receiving the confessions of any religious women and novices, with the privilege of Cardinals preserved,¹ and with the cases assigned by law excepted (can. 876, § 1). This jurisdiction is conferred by the local Ordinary where the house of the religious women is situated (can. 876, § 2). Moreover:

1. The special jurisdiction of which the canon speaks is required even for validity, as authors now commonly admit and as they deduce from the very word jurisdiction, which imports power, and from the Code itself, where it is distinguished from permission (cf. for example can. 877). Special jurisdiction is required for women religious and their novices, but not for their postulants, since these are not named. It can be disputed whether it is required for women living in common without vows. The reason for doubting is drawn from the fact that canon 675, to which some appeal, indeed refers to canons 499-530, but not to canon 876, which establishes the necessity of special jurisdiction.

2. The cases in which common law confers jurisdiction over religious women are:

a) If some religious woman, for the tranquility of her conscience, approaches a confessor approved by the local Ordinary for women, the confession, made in any church or even semi-public oratory, is valid and licit, any contrary privilege being revoked; nor can the Superior forbid it or inquire about the matter, not even indirectly; and the religious women are bound to report nothing to the Superior (can. 522). It is said:

1. For the tranquility of her conscience; this is not required for validity, as has already been explained in n. 372.

2. Approaches, that is, has recourse to him. This can be done both inside and outside the house; hence it is not required that the religious woman be staying outside her own house, but she can also call the confessor.²

3. A confessor approved for women, that is, approved for women, whether secular or religious.³

4. In any church or even semi-public oratory; to these the Pontifical Commission added: or in a place lawfully designated for hearing the confessions of women⁴ or of religious women.⁵ Moreover, the circumstance of place is required not only for liceity but also for validity.⁶

It is disputed whether among places lawfully designated there also belongs a place in which, according to canon 910, § 1,⁷ the confessions of women are sometimes licitly heard, namely by reason of sickness or another true necessity. Now although the obvious sense of the law, "in a place lawfully designated for hearing confessions of women or of religious women," seems to favor the negative opinion, nevertheless it is difficult to admit that a means of absolution of this kind is excluded for religious women, for example religious women who have difficulty approaching the place habitually designated for hearing the confessions of women or religious women. Hence jurisdiction is probably had, and certainly had when the Church supplies.

5. Nor can the Superior forbid it, that is, she cannot forbid precisely that the religious woman confess to such a confessor, although it is not lawful to leave the house without permission.

Question. Can a confessor lacking special jurisdiction, by force of canon 522, validly absolve an entire community, for example in the absence of the ordinary confessor?

Response. It must be denied, because canon 522 supposes that the case is particular, since it grants jurisdiction for the case in which some religious woman approaches or calls such a confessor.

b) All religious women, when they are gravely ill, even though danger of death is absent, can call any priest approved for receiving the confessions of women, even if he is not designated for religious women, and can confess to him as often as they wish while the grave infirmity continues; nor can the Superior prohibit them either directly or indirectly (can. 523). A grave illness is one which notably weakens health; such an illness easily becomes dangerous. Since the canon declares "any priest approved for receiving the confessions of women," according to some it is not required that he be approved by the local Ordinary in whose place the confession is made, but it suffices that he has received jurisdiction over women from some local Ordinary and still enjoys it now. This opinion, however, although the letter favors it, does not seem admissible, namely considering the character of the whole legislation, which continually requires jurisdiction conferred by the local Ordinary in whose place the confession is instituted.

c) In danger of death, for religious women as for the other faithful, canon 882 holds, as explained in n. 370.

¹ Cardinals enjoy the faculty of hearing confessions everywhere on earth, even of religious of either sex (can. 239, § 1, 1).

² Pontifical Commission, December 28, 1927 (A.A.S. 1928, p. 61).

³ Pontifical Commission, December 28, 1927 (A.A.S. 1928, p. 61).

⁴ November 24, 1920 (A.A.S. 1920, p. 573).

⁵ December 28, 1927 (A.A.S. 1928, p. 61).

⁶ Pontifical Commission, December 28, 1927 (A.A.S. 1928, p. 61).

⁷ Canon 910, § 1 states: the confessions of women are not to be heard outside the confessional seat except by reason of sickness or another true necessity and with the precautions which the local Ordinary has judged opportune.

"Regulars, even those secularized for a time, ought to make their confession before confessors approved by the Ordinary of the place, by whom in the act of sacramental confession they will be able to be absolved even from censures and cases reserved in the Order, if they are by no means reserved in the Diocese." S. C. EE. and RR. 27 Aug. 1852.

“His Holiness commanded that the proposed doubt be answered, namely, that religious of suppressed convents who for this reason do not live in community can choose for themselves as confessor any priest whatsoever, whether from the secular clergy or from the regular clergy, provided that he is among those approved by the local Ordinary for hearing confessions. But to those religious in question who, although ejected from their convents, nevertheless live in community in the best manner possible, His Holiness benignly granted an indult to choose for themselves any confessor whatsoever, as above, provided that there are not at least four confessors of their own Order in that community.” Bizzarri, loc. cit., p. 155; Sacred Congregation of Bishops and Regulars, 3 July 1862; see no. 251.

“Regulars, even those temporarily secularized, must make their confession to confessors approved by the local Ordinary, by whom, in the act of sacramental confession, they can be absolved even from censures and cases reserved in the Order, if these are not reserved in the diocese.” Sacred Congregation of Bishops and Regulars, 27 August 1852.

From whom do regulars obtain jurisdiction and approbation? - Regulars receive approbation for hearing the Confessions of their own from the superiors of their monastery, province, or order; but jurisdiction is delegated to them by their superiors. And this is understood not only of the professed, but also of novices, and also of secular servants who are truly of the household and continual table-companions. Such are not those who only serve them, but those who remain day and night in the house of the religious, are nourished there, and live under their obedience, although not by reason of a vow. - As regards Confessions of seculars, all mendicant religious, and those who participate in their privileges, have jurisdiction immediately from the Pope. Cf. 778, 784. But they must receive approbation from the Bishop of the place where Confessions are to be received. This approbation is required not only for liceity, but also for the validity of absolution. And this is to be understood even of nuns, although they are of the same order and subject to them, for whom a still special approbation of the Bishop of the place is required. - This is established from the privileges granted to Regulars by the Supreme Pontiffs, Clem. Dudum, de Sepulturis, etc.; from Trent, sess. 23, C. 15; from C. Superna of Clement X; from the common opinion of the doctors. L. 549, 552; Ferraris, v. Approbatio, a. 1, n. 64 f.; E. M.

Note: "Religious approved by the Bishop to hear Confessions of seculars in his diocese cannot hear them in another diocese without the approbation of the diocesan Bishop, although the penitents are subjects of that Bishop by whom the same religious had already been approved." C. cited Superna.

Does a religious validly absolve seculars, with the superior unaware or unwilling, from the faculty of the Bishop of the place alone? - Resp. In the affirmative. The reason is that the Bishop can well confer jurisdiction over his own sheep on a religious, no otherwise than on a foreign secular priest. For whoever enjoys ordinary jurisdiction can delegate it to any priest. Moreover the religious, as is established from Pontifical Bulls, cf. Brief of Paul III, Cum inter, June 3, 1545, etc., receives jurisdiction directly from the Supreme Pontiff, but with subordination to the approbation of the Bishop, since the Supreme Pontiffs by their supreme power confer jurisdiction on the religious themselves, and, all privileges being abrogated, the approbation of the Bishop is required from the Council of Trent. And this is had in so many words in the Brief of Leo XII, Plura inter, July 11, 1826. Hence the ignorance or prohibition of the superior renders the act gravely or lightly illicit, but by no means invalid. A. S. S., vol. 1, pp. 680, 683. It is confirmed from the Declaration of the S. C. EE. et RR., March 2, 1866; E. M.

Can boarders of regulars in their colleges or seminaries be absolved by the same regulars, without the approbation of the Bishop, as being of the household? - The first opinion denies it, because boarders of this kind are not of the household as servants are. For these are as it were incorporated into the house and family through service; hence they are called domestics and familiars.

Boarders are persons foreign to the family, who pay money so that they may receive food, doctrine, and education from teachers. - The second opinion affirms it. The reason is: 1. because nothing is lacking in them by which they are truly of the household and continual table-companions. 2. Because if servants are truly of the household and continual table-companions because they depend on the regulars by material service, how much more must boarders be held to be of the household, who live under the perfect dependence and obedience of the regulars. 3. Because to several orders and congregations the privilege of familiarity belongs for their boarders; and because of the communication of privileges, it also belongs to others. In their colleges or seminaries, that is, in houses of regulars in which, from Clement X, Constitution Superna, § 4, life is lived according to regular institutes; not in others' colleges or seminaries committed to their care, which are not houses of regulars, but houses of seculars in which regulars also live. 4. From practice and custom the same doctrine is confirmed. Thus Pichler, Pellizarius, Schmalzgrueber, and very many others. - Lugo, Resp. Mor., l. 4, d. 33; Bouix, p. 204 ff., p. 626; A. S. S., vol. 3, p. 47 ff.; Lucidi, ed. 3, p. 370 ff.; Bizzarri, Collect., ed. 1885, p. 563 ff.; E. M.

Can approbation be denied to regulars by the Bishop? - The Bishop can: 1. omit or require a previous examination for approbation, even if someone had been approved by his predecessor or even by his Vicar General. 2. Recall to examination after approbation, even one granted simply, but without previous examination. 3. Give approbation with limitation of time, persons, places, cases, or even deny it, if they are not judged universally suitable. 4. Subject those who have been approved with limitation to a new examination, and restrict that limited faculty, or altogether take it away, even without a new cause concerning Confessions. - This is proved from C. Superna and various Declarations of the Sacred Congregation. Bouix, p. 221 f.; L. 552, 792.

The Bishop cannot: 1. deny approbation generally to regulars without cause, which prohibition does not affect Bishops of the Indies. Innocent X, Constitution Cum sicut accepimus, Nov. 28, 1732. 2. Revoke approbation from all regulars of the same community, or at least restrict regular confessors to two for each church. 3. Deny examination to a regular seeking absolute approbation for Confessions, and grant either no approbation or only limited approbation, unless nevertheless it is certainly established for the Ordinary that the regular is not generally suitable. 4. Approve with limitation those who after previous examination were generally found suitable for hearing Confessions. 5. Revoke granted licenses, or limit them, or examine again if someone, after previous examination and without limitation, was approved by the Bishop himself because he was found universally suitable, unless from scandal, or some delict, or another new supervening cause which concerns Confessions. 6. In approving regulars, even with limitation, prohibit them from receiving Confessions during Easter time, or from receiving the Confession of the sick and dying. Nevertheless the pastor must be informed about this either by living voice or by writing kept with the sick person, so that he can safely administer the last sacraments. Here it must be noted that for hearing Confessions of the sick, the license of the pastor is in no way required. This is likewise proved from C. Superna and various Declarations of the Sacred Congregation. - Benedict XIV, Constitution Apostolicum, May 30, 1753, § 9; Constitution Apostolica Indulta, Aug. 5, 1744, § 3; de Syn., l. 9, c. 16, n. 7; Lugo, d. 21, n. 54; Resp. Mor., l. 1, d. 18; L. 550, 552, 792; Pignatelli, Cons. can., t. 4, c. 163; Bouix, p. 252; de Episc., vol. 2, p. 249 ff.; Bizzarri, p. 326 ff., ed. 1885; E. M.

When the see is vacant, can the capitular vicar examine regulars approved by the deceased Bishop after previous examination, and if he finds them less suitable, take away their faculty for Confessions? - If the regulars had obtained unlimited license, it is certain that he can do neither. The same must probably be said if they had obtained license for a determined time, namely as long as that time has not expired. The same, from the common opinion, must be said if they had obtained license at good pleasure. This threefold assertion is established from C. Exigentibus of Clement IV, S. C. of Pius V Romani Pontificis, C. Superna of Clement X, Decision of the S. C. EE. et RR., June 19, 1806. After previous examination; for if, with no previous examination, they had been approved, and they are found unskilled and scandals are generated, then the capitular vicar can call them to examination, and approve those whom he finds suitable and reject those unworthy. S. C. C., Feb. 5, 1688. - L. 552; Bouix, p. 246 ff.; E. M.

Does a regular once approved in some diocese need new approbation if, after changing his habitation, he returns there? - Resp. In the negative. The reason is that one approved indefinitely and without limitation remains approved at least until implicit revocation of the approbation; moreover in the present case no revocation intervenes, not even implicit. La-Croix 1541; Lugo, d. 21, nn. 44, 91.

Does a regular approved in some diocese need new approbation for validly absolving if, after changing place, he passes through the same diocese? - Resp. In the negative, because approbation granted indefinitely and without limitation endures until revocation. La-Croix 1541.

Can regulars freely choose a confessor for themselves? - Regulars living in a convent must confess, from regular discipline and from Apostolic privileges obtained, to priests of the order designated by the superior; nor can they be licitly and validly absolved by any others, whether within or outside the house, without the permission of the superior. "It is not lawful for superiors of regulars to hear the Confession of subjects, unless they have committed some reserved sin, or the subjects themselves spontaneously and of their own motion ask this from them." - "Both superiors existing for the time, and confessors who have been promoted to the grade of superior, are to beware most diligently lest they use for external governance that knowledge which they had of others' sins in confession." Decree of Clement VIII, May 26, 1593. - "Let superiors in individual houses depute two, three, or more confessors according to the greater or lesser number of subjects, and let them be learned, prudent, and endowed with charity, who absolve them from non-reserved cases; and to whom also absolution of reserved cases is to be committed when a case occurs in which the confessor himself judges first that it ought to be committed." Cited decree of Clement VIII. "But to the Master alone let the care of hearing the confessions of Novices be committed. Nevertheless it is lawful for the Superior, even the local one, if he judges it expedient, either by himself or through another to be deputed by him, once or twice in the year to hear the confessions of the same Novices." Clement VIII, March 19, 1603. - On a journey, if they have a suitable companion of the same Order, they must confess to him. But if a suitable companion is lacking, they can confess to any priest, whether regular or secular, whether approved or not, unless particular Constitutions of the order stand in the way. But this faculty does not have place with respect to reserved cases. A companion is suitable if he is neither excommunicated, suspended, irregular, nor lacks sufficient knowledge. Innocent IV, Cum supernae, April 26, 1247.

But under the name of regulars here are not comprehended religious of more recent Congregations, nor older Congregations which have only simple vows and are not Religions strictly so called, unless they have a special privilege in this matter. - L. 574, 575; App. de priv. 111; La-Croix, l. 6, p. 2, n. 1524; Lugo, d. 20, nn. 66, 67; E. M.

By decree of the Holy Office, July 5, 1899, it was prohibited "that any superior of any religious community or seminary or college, whether major or minor, in the gracious City, except in some rare case of necessity, about which his conscience is burdened, dare in any way to hear the sacramental Confessions of his own pupils remaining in the same house." - By decree of the Holy Office, July 5, 1899, it was declared through the preceding decree that "nothing had been derogated from Apostolic Constitutions as regards Religious Orders." - By decree of the Holy Office, Dec. 20, 1899, it was declared that the preceding declaration was not valid for Religious Congregations of simple vows which have perpetual vows and common life and which have been approved by the Church.

From the Norms of the S. C. EE. et RR. for Italy it is prescribed under a formal and grave precept that no seminary lack a spiritual Director. But Superiors and Professors cannot at the same time exercise the office of spiritual Director, nor that of ordinary confessor. Besides the spiritual director, other pious and learned priests are also to be designated to hear the confessions of the pupils and to suggest suitable counsel to them. S. C. EE. et RR., Jan. 18, 1908.

From regular discipline, etc.; for the following decree on sacramental absolution to be imparted to religious members must be attended to. "In an audience had by the undersigned Cardinal Pro-Prefect of the Sacred Congregation of Religious, on Aug. 5, 1913, our most holy Lord Pope Pius X, because of peculiar reasons of conscience, deigned to extend to all Confessors of the whole world approved by the Ordinaries of places the faculty which in the month of February of this year he had granted to all Confessors approved by the Ordinary of the City as regards absolution to be imparted to Religious. Therefore these Confessors, by the authority of our Most Holy Lord Pope Pius X, can receive the sacramental confessions of all members of any Order, Congregation, or Institute whatever without being bound to inquire about or seek permission obtained from the Superior, and can validly and licitly impart absolution from sins reserved in the Order or Institute even under censure. "Therefore His Holiness has commanded all superiors and presidents of every Order, Congregation, or Institute to observe faithfully the prescriptions of this decree in virtue of holy obedience, Constitutions, Apostolic ordinances, privileges granted in any more efficacious form, and any other contrary things whatever, even those worthy of special and individual mention, by no means standing in the way." S. C. de Relig., Aug. 5, 1912.

The aforesaid Decree of Aug. 5, 1913, also comprehends Confessions which Religious of the Latin rite make to Confessors of the Oriental rite and conversely; and also novices of any Order or Congregation. S. C. de Relig., May 3, 1914, A. A. S., vol. 6, p. 232.

The faculty previously granted at Rome was of the following tenor: "Vicariate of Rome - Office II. - By disposition of the Holy Father communicated to this Vicariate by letter of the Sacred Congregation of Religious dated Feb. 8, 1913, all priests approved for confessions in Rome, from now on, have the faculty of hearing the confession and absolving Religious belonging to any Order who have recourse to them, without need of any permission on the part of the respective Regular Superiors."

Do confessors of nuns need special approbation, and can nuns freely choose a confessor for themselves? - It does not pertain to nuns to choose a confessor for themselves, unless they have this right from foundation or custom, in which case the confessor chosen by them must be approved by the Ordinary. - If the nuns are not exempt, or if they are exempt and immediately subject to the Apostolic See, the deputation of the confessor belongs to the Bishop. If the nuns are exempt and subject to regular prelates, the deputation of the confessor, nevertheless of the same order, pertains to the regular prelate. But it is necessary that the Bishop approve him, and indeed specially for the Confessions of nuns; indeed also for such a convent, so that it does not suffice that he has already been approved by the Bishop for another convent. And he must be approved as often as he is deputed to that duty. - Lugo, Resp. Mor., l. 5, d. 24, n. 5.

The S. C. EE. et RR., May 2, 1617; June 7, 1620; Sept. 2, 1642, etc., established that confessors of nuns must be above forty years of age, and that ordinary confessors must be changed every three years. By the decree Cum sacramentalibus the same was established. Yet this is not observed everywhere; and, if it is not done, it does not import invalidity of absolution. S. C. EE. et RR., July 20, 1875; Collectan. S. C. de P. F., n. 436. Moreover the confessor is bound to come to hear the Confessions of nuns as often as he has been called. Besides, let him beware lest he conduct himself as superior of the monastery, since no such authority belongs to him in any way; and lest, after he has already fulfilled the office for three years, he mingle conversations with the nuns or send letters to them, even about those things which regard direction of conscience. This was prescribed at Rome both as regards ordinary confessors and as regards extraordinary ones, once their office had ended. Ferraris, v. Confessarius, a. 4, n. 37.

The deputation of extraordinary confessors pertains to him to whom the deputation of the ordinary pertains, and one or several must be offered at least twice or three times in the year. Trent, sess. 25, C. 10, de Reg. - Even from the sole reason of spiritual consolation and progress, a peculiar confessor whom she requests must be granted extraordinarily to a nun, provided that on the part of the nun and on the part of the confessor whom she asks for herself nothing appears from which the said spiritual progress is not to be hoped for. - If the regular prelate neglects to give an extraordinary confessor, the Bishop supplies his negligence. If the Bishop himself neglects to give an extraordinary confessor, nothing else is granted to the nuns than to have recourse to the S. C. de Relig. or to the Major Penitentiary. - But it is prescribed that the extraordinary confessor at least once in the year be either secular or of another order, and at that time the ordinary confessor is to hear the Confessions of no one, neither of the abbess nor of the novices. - All nuns are bound to present themselves to the extraordinary confessor, so that provision be made for the liberty of all; nevertheless they are not bound to confess to him. And therefore, during the whole time for which the office of extraordinary confessor lasts, the ordinary confessor must abstain from exercising his ministry and must not come to the monastery. S. C. EE. et RR., Jan. 1749; Bizzarri, p. 31. - But regular confessors of this kind, after they have fulfilled their office, are forbidden to come to the same monastery or to continue intercourse within it in any way whatever. Bizzarri, p. 294, ed. 1885. - S. C. EE. et RR., Dec. 7, 1906. The ordinary confessor cannot be constituted as extraordinary confessor unless a year has elapsed after the completed triennium. The extraordinary confessor is not held by this law of the triennium. And this extraordinary confessor, even permanently, is not to be denied to a nun who would obstinately refuse to confess to the ordinary. Benedict XIV, Constitution Pastoralis curae.

By decree of the S. C. EE. et RR., Dec. 17, 1790, art. VI, "His Holiness admonishes Prelates and superiors not to deny an extraordinary confessor to subjects as often as subjects are driven to this in order to provide for their own conscience, and the same superiors are in no way to inquire into the reason for the petition or show that they bear it unwillingly. And lest so provident a disposition become vain, the Ordinary is exhorted that in places of his own diocese in which communities of women exist, he designate suitable priests furnished with faculties, to whom they can easily have recourse for the sacrament of penance." But this, as is evident, does not progress so far that they may constantly have recourse to an extraordinary confessor without ever approaching the ordinary confessor. Hence it was declared: "The dispositions of art. IV of the decree Quemadmodum constitute only an exception to the common law for cases only of true and absolute necessity, as often as they are driven to this, that which is prescribed by the Sacred Council of Trent and by the Constitution Pastoralis curae of Benedict XIV remaining firm." S. C. EE. et RR., Feb. 1, 1892. Cf. the Norms of the same Sacred Congregation, nn. 144-146.

At the point of death, a particular confessor must be granted by the Bishop to any nun asking for one; and if the monastery is exempt, if the regular prelate does not grant him, he must be assigned by the Bishop, Benedict XIV, Constitution Pastoralis curae, or, if even the Bishop refuses, by the Major Penitentiary, if time is available. But if time is not available, provision has been made by the Council of Trent, sess. 14, C. 7.

Under the name of nuns here are properly understood only women living under rule in cloister; but not those who are not bound to observe strict enclosure. - But the cited decree Quemadmodum of the S. C. EE. et RR., Dec. 17, 1890, regards also the more recent sisters of only simple vows and without papal enclosure, to whom afterward those things which had been established for nuns were extended. And now especially from the decree Cum de Sacramentalibus, the same law exists for nuns and sisters. - Gregory XV, Constitution Inscrutabili, Feb. 5, 1622; Clement X, Superna; Benedict XIV, Constitution Pastoralis curae; Ithur., Cas. 16; Bouix, de Episc., vol. 2, p. 253; de Iure Reg., vol., p. 332; L. 576, 577; E. M.

Can cloistered nuns be absolved by any confessor when by chance they are outside the monastery? - Resp. In the affirmative. The reason is that the Constitutions Inscrutabili of Gregory XV and of other Supreme Pontiffs, which prohibit nuns from confessing to a priest other than one specially approved by the Bishop for nuns, are not to be understood except of nuns dwelling in the monastery; for they suppose that nuns are always within the cloister. Therefore any confessors whatever, although not approved for nuns, can absolve nuns accidentally coming to them. Besides, it would for the most part be an excessive inconvenience if traveling nuns had to confess only to confessors specially approved; confess; for often they would have to lack the sacraments of penance and of the Eucharist. S. C. EE. et RR., Aug. 27, 1852. - La-Croix 1527; E. M.

What is to be said about the confessors of Sisters of more recent Institutes? - As regards the special approbation of the Bishop in the confessor, this is not required by the general law. For the law speaks of nuns, strictly so called. But it is required by the Norms of the S. C. EE. et RR., by particular Constitutions approved by the Holy See, and by the particular disposition of Bishops, who are accustomed to grant approbation only with nuns excepted, thus also comprehending the more recent Sisters.

And for these Sisters an ordinary confessor is to be appointed, as for Nuns, according to the same Norms. Leo XIII, Constitution Conditae a Christo, § XI of the first series and § VIII of the second series. - As regards an extraordinary confessor, to be appointed by the Bishop several times in the year, the Bishop again is not strictly bound to this by the general law, for the same reason. But he is bound to it, and under grave obligation, from the natural law of charity and justice, by which he must provide for the spiritual good of his subjects; from the aforesaid Norms; and from the Constitutions themselves approved by the Holy See, since the Sacred Congregation is accustomed to prescribe that, as regards confessors, the Constitution Pastoralis curae of Benedict XIV be observed. Moreover an admonition is found in the cited decree Quemadmodum, already related above, n. 791. Further, those things which were established concerning nuns as regards an extraordinary confessor, Benedict XIV wishes to be observed also in these communities which do not have canonical enclosure; indeed even in any companies or conservatories of women and girls living together which have one ordinary confessor designated by the local Ordinary. The S. C. EE. et RR. judged that he should be renewed every three years. But it is lawful for such a woman to confess even outside the conservatory or monastery. The same Sacred Congregation, Jan. 29, 1847, Bizzarri, p. 116, ed. 1885. - This concerns the extraordinary confessor; for "the law about an ordinary Confessor for individual monasteries does not regard colleges of girls." S. C. EE. et RR., Dec. 7, 1906.

But where Sisters or women of this kind are accustomed to confess in churches, they can confess to anyone otherwise approved, which has been introduced by custom, and is clear from S. C. de P. F., Feb. 20, 1877, Collectanea, n. 437, although they have an ordinary confessor designated by the Bishop. And certainly they can be absolved by the pastor, if they do not enjoy a special exemption from him. For if they must receive Viaticum and extreme unction from the pastor, and be buried by the same, how could they not be absolved by the same, at least when the Sisters are outside the house?

Finally, article 149 of the Norms establishes: "As often as Sisters make their Confession in some public church, they will be able to confess to any priest approved by the Bishop." So also S. Penit., Feb. 9, 1901. Ferraris, v. Moniales, a. 5, n. 19; E. M.

It was prohibited by the S. C. EE. et RR. that Regulars be the ordinary Confessors of Sisters of simple vows, just as this was forbidden to them for Nuns subject to the Bishop. S. C. EE. et RR., Sept. 1, 1905. But this prohibition at present no longer has force of itself, from the following very recent Decree Cum de Sacramentalibus of the S. C. de Religiosis, in which almost the whole present law on this matter is contained, and by which almost all the things preceding are confirmed.

Decree on the Confessions of Nuns and Sisters. - S. C. de Relig., Decree, Feb. 3, 1913. "Since several laws have up to this day been ordered, according to matter and time, for regulating the sacramental confessions of Nuns and Sisters, it has seemed good to gather them, changed in some part and suitably arranged, into one Decree, as follows:

1. To each religious community, both of Nuns and of Sisters, regularly, only one ordinary Confessor is to be given, unless because of their great number, or some other just cause, it is necessary that a second or several be given.

2. The ordinary Confessor, regularly, is not to remain in this office beyond three years. Yet the Bishop or Ordinary will be able to confirm him for a second, and indeed even for a third, triennium: a) if, because of a scarcity of priests suitable for this office, he cannot provide otherwise; or b) if the greater part of the Religious, including also those who in other affairs do not have the right of casting a vote, agree by secret votes to the confirmation of the same Confessor; nevertheless provision must be made otherwise for those dissenting, if they wish.

3. Several times in the year, to each religious community there is to be given an extraordinary Confessor, to whom all the Religious must approach, at least to receive a blessing.

4. For each religious house some priests are to be deputed by the Ordinary, whom the Religious, in particular cases, may easily call for the purpose of making confession.

5. If any Religious woman, for the peace of her soul and greater progress in the way of God, should ask for some special Confessor or spiritual director, he is to be readily granted by the Ordinary; who, however, will watch lest abuses creep in from this concession; but if they do creep in, he is to remove them cautiously and prudently, with the liberty of conscience nevertheless preserved.

6. If the house of Religious is subject to the local Ordinary, he chooses the priests for confessions, both ordinary and extraordinary; but if it is subject to a Regular Superior, he presents the Confessors to the local Ordinary, to whom it belongs to grant them the power of hearing confessions.

7. To the office of Confessor, whether ordinary, extraordinary, or special, priests can be deputed both from the secular Clergy and, with the permission of Superiors, from the regular Clergy, provided however that they have no power in the external forum over the same Religious.

8. These Confessors, who must have completed forty years, should be eminent in integrity of morals and prudence; but the Ordinary, for a just cause and with his conscience burdened, will be able to choose for this office priests who are not yet of that age, provided they excel in the aforesaid qualities of soul.

9. The ordinary Confessor cannot be named extraordinary, and, apart from the cases enumerated in article 2, cannot be chosen again as ordinary in the same community unless after a year from the completed office. The extraordinary Confessor can immediately be chosen as ordinary.

10. All Confessors, whether of Nuns or of Sisters, are to beware lest they involve themselves in the internal or external government of the community.

11. If any Religious woman asks for an extraordinary Confessor, it is lawful for no Superior, either by herself or through others, either directly or indirectly, to inquire into the reason for the petition, to oppose the petition by words or deeds, or in any way to show that she bears it with displeasure; but if she has conducted herself thus, she is to be admonished by her own Ordinary; if she has again sinned in the same matter, she is to be deposed by the same, after the Sacred Congregation of Religious has first been heard.

12. All Religious women are in no way to speak among themselves about the confessions of their companions, nor are they to dare to criticize those sisters who make confession to someone other than the one deputed; otherwise they are to be punished by the Superior or by the Ordinary.

13. Special Confessors called to a monastery or religious house, if they understand that the Religious approach them for no just cause either of necessity or of spiritual utility, are prudently to dismiss them. Moreover all Religious women are admonished to use the faculty granted to them of asking for a special Confessor in such a way that, human motives set aside, they intend only spiritual good and greater progress in religious virtues.

14. If at any time Nuns or Sisters happen to be outside their own house for any cause whatever, it is lawful for them in any church or oratory, even semi-public, to make confession to any Confessor approved for both sexes. The Superior can neither prohibit this, nor inquire about it, not even indirectly; and the Religious are bound to report nothing about it to their Superior.

15. All Nuns or Religious, when they are gravely ill, even if danger of death is absent, can summon any Priest approved for hearing confessions, and, while the grave illness lasts, confess to him as often as they wish.

16. This Decree must be observed by all religious families of women, of vows both solemn and simple, by Oblates and other pious communities which are bound by no vows, even if the Institutes are only diocesan. It also obliges communities which are under the jurisdiction of a regular Prelate; and unless he sees to the faithful observance of this Decree, the Bishop or Ordinary of that place is to do so himself as Delegate of the Apostolic See.

17. This Decree is to be added to the Rules and Constitutions of each religious family, and read publicly in the vernacular language in the Chapter of all the Religious, once a year.

Our Most Holy Lord Pope Pius X, on Jan. 31, 1913, deigned to approve and confirm this Decree in all things, and to command that it be published, and in the future be most carefully observed by all whom it concerns. All contrary things whatever notwithstanding, even those worthy of special and individual mention."

406. (A) Religious, even exempt, receive jurisdiction for receiving the confessions of seculars or religious from the Ordinary of the place in which the confessions are heard; but they cannot use the same without at least the presumed permission of their own superior. Moreover, Ordinaries are not to grant jurisdiction habitually except to religious presented by their own superior, nor are they to deny it without grave cause to those who are presented by the superior; nevertheless this ought not to be done without a previous examination by which they have been found suitable, except in the case of a priest whose theological doctrine has been ascertained from another source.²

² Code, c. 874, 877.

407. In an exempt clerical religion, for receiving the confessions of the professed, of novices, or of others dwelling day and night in the religious house by reason of service, education, hospitality, or infirm health, delegated jurisdiction is also conferred by their own Superior according to the norm of the constitutions; and it is lawful for him to grant it even to priests from the secular clergy or from another religion.³

³ Code, c. 875, § 1.

408. In an exempt lay religion, the Superior proposes the confessor, who nevertheless must obtain jurisdiction from the Ordinary of the place in which the religious house is found.⁴

⁴ Code, c. 875, § 2.

409. With regard to novitiates and Seminaries this restriction is to be noted: "The master of novices and his associate, the superior of a Seminary or college, are not to hear the sacramental confessions of their pupils living with them in the same house, unless the pupils, from a grave and urgent cause, in particular cases spontaneously ask it."⁵ Likewise religious Superiors can, the things to be observed by law having been observed, hear the confessions of subjects who ask this of them spontaneously and of their own accord; but they are not to do this habitually without grave cause.⁶ Indeed, "all religious superiors are strictly forbidden to induce persons subject to them in any way to make a manifestation of conscience to them. Subjects, however, are not so prohibited that they cannot freely and of their own accord open their soul to superiors."⁷

⁵ Code, c. 891.

⁶ Code, c. 518, § 2.

⁷ Code, c. 530.

410. (B) On the absolution of Regulars themselves. (a) In the several houses of a clerical religion, several confessors legitimately approved should be deputed, with the power of absolving even from cases reserved in the religion.⁸

⁸ Code, c. 518, § 1.

411. (b) A religious, even an exempt one, for the quiet of his conscience, can approach a confessor approved by the Ordinary of the place, even if he is not numbered among those designated; and the confessor can absolve any religious even from sins and censures reserved in the religion.¹

¹ Code, c. 519.

412. (c) Also in lay religions of men an ordinary and an extraordinary confessor should be deputed; and if a religious requests some special confessor, the superior should grant him, in no way inquiring into the reason for the petition, nor showing that he bears it with displeasure.²

² Code, c. 528.

— Religions to Be Distinguished. The Extension of the Canons. Clerical religions and lay religions must be distinguished, and these latter are some of men, others of women.

But the canons and the whole discipline of the sacramental forum fall also upon societies which live a common life without vows, from c. 675.

Ecclesiastical law establishes special provisions: 1. concerning confessors from the religious clergy; 2. concerning penitents who live in the religious state.

415. 1. Confessors from the religious clergy for secular penitents. Religious are understood here to mean not only those who have solemn vows, but also all religious who enjoy the privilege of exemption from episcopal jurisdiction. Religious confessors of this kind receive jurisdiction to hear the confessions both of secular persons and of religious from the local Ordinary, and not immediately from the Holy See, as many authors formerly taught. But religious priests should not ordinarily use it without at least the presumed permission of their superior.³⁰⁷ If, however, they give absolution even against the will of the superior, they nevertheless absolve validly, and even licitly if there was a legitimate cause.

In an exempt clerical religious institute, its own religious superior also confers delegated jurisdiction for hearing the confessions of subjects, that is, of the professed and of residents, and this not only upon priests of his own religious institute, but also upon other priests.³⁰⁸

Religious superiors who have the power of hearing confessions can, with those things which must be observed by law being observed, hear the confessions of subjects who ask this of them spontaneously and of their own motion; but without a grave cause they should not do this habitually. The master of novices and his associate, and the superior of a seminary or college, should not hear the sacramental confessions of their pupils dwelling with them in the same house, unless in particular cases the pupils spontaneously ask this for a grave and urgent cause.³⁰⁹

³⁰⁷ Code of Canon Law, c. 874, § 1.

³⁰⁸ Ibid., c. 875, § 1.

³⁰⁹ Ibid., c. 518, § 2; c. 891.

416. 2. Penitents from the religious state. For the sake of clarity, we distinguish the provisions enacted: a) concerning the confessions of religious men; b) concerning the confessions of religious women.

a) Concerning the confessions of religious men, the old law³¹⁰ established that all religious men had to confess either to their own superior or to confessors legitimately delegated by him. A confession otherwise made was not only illicit but also invalid. Superiors could reserve certain cases to themselves; nevertheless, they had to commit to at least some confessors the faculty of absolving even from these reserved cases; but if they denied this faculty, then any confessor could licitly and validly absolve from the reserved cases. Religious traveling had to confess to a companion legitimately designated, unless greater liberty was granted by particular law. The new law establishes that jurisdiction for hearing the confessions of religious is conferred either by the local Ordinary or by the religious superior in exempt clerical religious institutes. This religious superior can grant this jurisdiction even to priests of the secular clergy or of another religious institute, who can then hear the confessions not only of the professed and novices, but also of all who dwell in the religious house day and night, for example, for the purpose of service.³¹¹

The ancient constitutions which command or counsel that the confession of religious be made at fixed times to determined confessors have not indeed been abrogated, but it is granted³¹² that any religious, even a novice,³¹³ can validly and licitly, for the peace of his conscience, confess to any confessor approved by the local Ordinary, that is, by the bishop and his vicar, the abbot nullius, and so forth. Such a confessor can absolve a religious in the internal forum even from sins and censures reserved within the religious institute. But concerning absolution in the external forum, the old discipline remains intact.

In lay religious institutes of men, for example, among the Brothers of Charity, individual religious can indeed validly and licitly, when a just cause exists, confess to any confessor approved by the local Ordinary; but an ordinary and an extraordinary confessor are to be appointed for their houses in a manner similar to that for communities of religious women, with this difference, however, that these religious men, with the exception of novices, are not bound to approach the extraordinary confessor.

³¹⁰ Clement VIII, May 26, 1593; Urban VIII, September 21, 1624; and several decisions of the Roman Congregations.

³¹¹ Code of Canon Law, c. 514, § 1; c. 874; c. 875.

³¹² Sacred Congregation of Religious, August 5, 1913 (Acta Ap. Sed. V, 431); Code of Canon Law, c. 519.

³¹³ Sacred Congregation of Religious, May 3, 1914 (Acta Ap. Sed. VI, 232).

417. b) Concerning the confessions of religious women, whether with solemn or simple vows, or even without vows, the old law has likewise been abolished. The principal provisions of the new law³¹⁴ are the following:

1. Only one ordinary confessor is ordinarily to be appointed for each religious community, unless, because of the great number of religious women or another just cause, it is necessary that another or several confessors be given. Therefore no one can hear the confessions of a religious community unless he has special jurisdiction granted by the local Ordinary for this religious community. Cardinals, however, have a privilege. According to certain authors, there is no obligation to name an ordinary confessor if there are not six sisters in a religious community.³¹⁵ But sisters for whom no ordinary confessor has been determined can confess freely, like the secular faithful. The ordinary confessor must have the following conditions:

a) He must be at least forty years of age, unless the Ordinary for a reasonable cause dispenses from this condition of age; he must be eminent in integrity of morals and prudence.³¹⁶

b) He must ordinarily be appointed for no longer than a three-year term. The bishop, or Ordinary, can dispense from this condition for a second or even a third three-year term if there is a scarcity of suitable priests, or if the greater part of the religious women request this by secret votes. When the three-year term, or by dispensation the second and third three-year terms, of the ordinary confessor has ended, the same confessor cannot be appointed to the same office in the same community except after one year. An extraordinary confessor, however, can immediately be chosen as ordinary, but not vice versa.³¹⁷

c) He must be from either the secular or regular clergy, provided, however, that he has no power in the external forum over the same religious women. Therefore bishops, vicars general, regular superiors, and so forth, are excluded from the office of confessor, whether ordinary or extraordinary, for their subjects.³¹⁸

2. Several times a year, at least four times, an extraordinary confessor is to be given to each religious community, whom all the religious women must approach, at least to receive a blessing if they do not wish to confess to him. The office of extraordinary confessor is not limited as to time. He must be endowed with the same qualities as the ordinary confessor.³¹⁹

3. Besides the ordinary and extraordinary confessor, several supplementary confessors are to be appointed by the local Ordinary for each religious house, whom the religious women can easily summon in particular cases for the purpose of making a confession.³²⁰

4. On an occasional confessor. For the tranquility of their conscience, religious women can make their confession in any church or oratory, even a semi-public one,³²¹ or in another place legitimately designated for the confessions of women, but not in another place, and not even validly,³²² to any confessor approved for women. The superior can neither prohibit this nor inquire concerning it, not even indirectly; nor are the religious women bound to report anything to the superior concerning the confession made.³²³

5. Even a special confessor, who is not included among those enumerated above, is to be readily granted by the Ordinary if and for as long as some religious woman requests this for the peace of her soul and greater progress in the way of God.³²⁴ Indeed, religious women who are gravely ill can, even without the permission of the Ordinary and of the superior, summon for the purpose of confession any priest approved for hearing the confessions of women. Nothing prevents an ordinary confessor who has not yet completed a year from the cessation of his office³²⁵ from being granted as a special confessor or director of conscience.

6. The appointment of the ordinary or extraordinary confessor pertains to the bishop of the place. But if a religious community is subject to the jurisdiction of a regular superior, then it is his office to present confessors, while it pertains to the bishop of the place to grant the power of hearing confessions to the confessors presented.³²⁶

7. Let absolutely all confessors refrain from involving themselves in the internal or external government of the community.³²⁷

8. The local Ordinary can for a grave cause remove any confessor of religious women; nor is he bound to communicate the cause of removal to anyone, except to the Holy See if required by it. He must, however, notify the regular superior of the removal if the nuns are subject to regulars.³²⁸

³¹⁴ Sacred Congregation of Religious, February 3, 1913 (Acta Ap. Sed. V, 62 ff.): "This Decree must be observed by all religious families of women with either solemn or simple vows, by Oblates and other pious communities which are bound by no vows, even if they are only diocesan institutes. It also binds communities which are under the jurisdiction of a regular prelate; if he does not take care for the faithful observance of this decree, the bishop or Ordinary of that place is himself to do so as a delegate of the Apostolic See." Code of Canon Law, c. 520 ff. and c. 675.

³¹⁵ Sacred Congregation of Religious, July 3, 1916, ad III (Linzer Theol. Quartalschr. 1916, p. 398); cf., however, our Man. iur. can.⁶, q. 190.

³¹⁶ Code of Canon Law, c. 524, § 1.

³¹⁷ Ibid., § 2.

³¹⁸ Ibid., § 1.

³¹⁹ Ibid., c. 521.

³²⁰ Ibid., § 2.

³²¹ Cf. Sacred Congregation of Religious, July 3, 1916, ad I.

³²² Pontifical Commission, November 24, 1920, and December 28, 1927 (Acta Ap. Sed. XII, 575; XX, 61), and February 12, 1935 (Acta Ap. Sed. XXVII, 99).

³²³ Code of Canon Law, c. 522.

³²⁴ Cf. Sacred Congregation of Religious, April 22, 1917 (Acta Ap. Sed. IX, 277), and Code of Canon Law, c. 520, § 2.

³²⁵ Cf. above, 1 b.

³²⁶ Code of Canon Law, c. 525.

³²⁷ Ibid., c. 524, § 3.

³²⁸ Ibid., c. 527.

1758. Regulars can be considered under a twofold respect: insofar as they are confessors, and insofar as they are penitents. - Hence, so that all things which pertain to them under each respect may be treated, we shall divide the present matter into two parts, so that in order we may discuss: 1. the Regular Confessor; 2. the Confessor of Regulars.

There is a twofold reason why we judge that the question concerning the Regular Confessor is to be treated in this place: the one, so that all things which are proper to Regulars concerning jurisdiction may thus be inspected in one view; the other, so that the doctrine concerning their jurisdiction may become better known. For although the jurisdiction of a regular confessor receives no special limitation from the Law, nevertheless it is so bound by it that unless the Bishop's approbation accedes, it cannot be validly exercised over the Christian faithful. - With these things premised, let the following be:

1759. Principles. I. REGULARS properly so called, who pronounce solemn vows and who enjoy the privilege of exemption (likewise those who have communication of privileges with Mendicant Religious), receive jurisdiction immediately from the HOLY SEE for receiving the confessions both of THEIR OWN and of SECULARS. This is established from the Constitutions of the Supreme Pontiffs in the Body of Law;⁴ likewise from other Constitutions, which, although they were afterwards modified, especially through Trent as regards privileges, nevertheless remained unrepealed as regards jurisdiction. Thus commonly. Hence jurisdiction is conceded to any Regular by that very fact that the Superior grants him delegation, or communication of jurisdiction, in the name of the S. Pontiff.⁵

II. Regulars, for receiving confessions of SECULARS, need the APPROBATION of the Bishops in whose dioceses they are going to receive confessions. This is established from the decree of Innocent XII (in the year 1700), by which it was sanctioned that confessors, whoever they may be, both secular and regular, cannot hear secular penitents without the approbation of the Bishop of the place (cf. n. 1747, q. 2).

1760. From these things it is inferred: 1. The Bishop can concede approbation to Regulars at will, without restriction, or with some restriction as regards time, places, and persons. It is confirmed from various decrees of the Holy See.⁶ See what was said in n. 1749 seqq.

2. If the Bishop has expressly conceded approbation only for some transitory act, for example for some Mission, the conceded faculty is judged to be valid for that act alone, and for every judgment then begun.

3. If the Bishop, or your Superior by his delegation, grants you approbation for a determined class of penitents, the faculty cannot be extended to others, as is clear. But if the request of the faculty is general, and the concession has not been restricted, the obtained faculty is not limited to the work which was the occasion of the petition: thus, for example, if you seek the faculty on the occasion of giving spiritual exercises to Nuns in such a convent, by the same faculty received you can hear confessions also of other faithful. The reason is because "whatever is not excepted is contained in the concession." Yet except reserved cases, which, by the law itself, are never understood as comprehended in the general faculty of hearing confessions.⁷

1761. Questions. Q. 1. Whether the Bishop can, WITHOUT CAUSE, DENY approbation to Regulars?

Resp. Negative. "For," says Pignatelli,⁸ "Regular confessors do not receive jurisdiction from the Bishop, but from the Supreme Pontiff, and approbation is required only as a condition so that jurisdiction can be exercised. Therefore Bishops cannot prohibit Regulars from absolving at some time." Yet if approbation is lacking, even if unjustly denied, free jurisdiction will also be lacking (cf. n. 1747, q. 3).

Q. 2. Whether the Bishop can REVOKE approbation conceded to Regulars?

Resp. 1. He cannot revoke approbation conceded to all Regulars of the same community without consulting the S. C. of Bishops and Regulars. Thus from the Bull Superna. - Except if it is a question of regions very distant from the City, and a most grave cause underlies it; concerning which the S. Congregation wished the consciences of Bishops to be gravely burdened.⁹

Resp. 2. But the Bishop can revoke the approbation of individual Regulars in particular if a just cause is present. Moreover, if the Regular, after previous examination, was approved by the Bishop himself, without any restriction as regards persons or as regards time, the cause is not judged just unless it concerns confession. On the contrary, if he was approved by his Vicar or predecessor, or with limitation, the Bishop can, on account of any just cause whatever, revoke the approbation and subject him to a new examination. Thus from the same Bull Superna.¹⁰ - In practice, the regular confessor must always acquiesce in the judgment of the Bishop.

Q. 3. Whether a Regular once approved in some diocese needs NEW APPROBATION if, his dwelling having been changed, he returns to the same place or passes through it?

Resp. Negative, unless the diocesan Statutes, or the Bishop, decree otherwise. The reason is because one approved indefinitely and without limitation remains approved, at least until implicit revocation; but in the present case no revocation, not even implicit, has intervened. Therefore. Thus Croix,¹¹ Lugo,¹² with the common opinion.

Q. 4. Whether a Religious validly absolves, AGAINST THE WILL OF THE SUPERIOR, but from the express delegation of the Bishop?

Resp. 1. Negative, if the Bishop intended to give approbation only; and from another source the Superior, who has from the Rule the power of constituting confessors, is unwilling in such a way that he is judged to take jurisdiction away from his subject. The reason is clear; for then the Religious has jurisdiction from no one.

Resp. 2. Affirmative, if the Bishop intended also to confer jurisdiction; as in present practice is usually done. The reason is because the Bishop can well confer jurisdiction upon a Religious, no otherwise than upon a secular priest, over his own sheep. For whoever enjoys ordinary jurisdiction can delegate it to any priest.¹³

But that Religious would sin gravely against obedience, because he would transgress the precept of his Superior in a grave matter; nor could he in a case of this sort use the privileges of his own Order, because these are communicated through Superiors alone.

These things are confirmed by the declaration of the S. C. OF BISHOPS AND REGULARS. For when the doubts were proposed: - I. Whether a Religious not approved according to the laws of his own Order by his Superior, or against the will of the same, with only the faculty of the Ordinary, validly receives the confessions of seculars. - II. Whether Regular Superiors, having jurisdiction, can suspend their subjects from hearing the confessions of seculars, even from informed conscience. - And insofar as affirmative, III. Whether a suspension pronounced orally and without writing is valid? - IV. Whether absolution imparted by one who is bound by such suspension is valid? And insofar as negative, V. Whether he who attempts an absolution of this sort incurs irregularity.

The Sacred Congregation of Bishops and Regulars, the matter having been discussed, on March 2, 1866, judged that it should respond: To I. Affirmative. - To II. Affirmative; yet in such a way that the suspended Religious receives confessions illicitly, but not invalidly. - To III. Affirmative, since it is made after the manner of a particular precept. - To IV. Affirmative. - To V. Provided for in the preceding.¹⁴

See other things in the Treatise on the Religious State (n. 2187).

1762. Principle. Jurisdiction for receiving the confessions of EXEMPTS cannot be conceded by the Bishop, but by their PRELATE or by the POPE, whether directly or indirectly. But the Prelate can concede it even to one not approved, provided that, so that the delegation may be licit, he is judged fit. This is established from what was said above concerning the origin and nature of the jurisdiction of Regulars (nn. 1757 and 1759).

Hence: 1. Regulars dwelling at home are bound to confess to the Prelate, or to confessors appointed by him, and no Regular validly confesses except before the Superior, or before him who has been appointed by the Superior. Wherefore Clement VIII (Decree of May 26, 1593) COMMANDS: "Superiors, in individual houses, shall appoint two or three confessors, according to the greater or lesser number of subjects." - Except the time of Jubilee, as was said in n. 1736.

2. Servants and other seculars who are of the household and almost continual table-companions CAN be absolved by a confessor approved either by the regular Prelate or by the Bishop. This is established from Trent, sess. 24, cap. 11, de ref., and from the Constitution Superna of Clement X¹⁵ (cf. n. 2186).

1763. Questions. Q. 1. To whom can or must Regulars dwelling OUTSIDE THE CONVENT confess?

Resp. Regulars traveling with the license of their Superiors, or staying outside the Convent, must, if they have the availability of a confessor of their own Order, confess to him; for he is appointed by the law itself. "But if a companion is lacking, or another suitable confessor of his own Order, they can well, from the presumed license of the Prelate, confess to another SUITABLE priest, regular or secular (except the case in which it is a question of reserved sins); and in this all agree."¹

"But it is doubtful whether this priest must be APPROVED for confessions. Wigandt and Antoine affirm it, and Concina with Vasquez, etc. But others very commonly and more truly deny it";² because for confessors of Regulars even implicit deputation of the Superior suffices, according to the constitutions or customs of the Order, nor is approbation of the Ordinary of the place required by any law. It is established moreover from the declarations of Sixtus IV, in the Bull Supplicari,³ issued August 2, 1479, and of Innocent VII in the Bull Provenit,⁴ issued October 17, 1405, which concede to Regulars in that case "that they are able to choose any other suitable and discreet presbyter, Religious or Secular." Nor was this privilege revoked by the Council of Trent, which requires approbation for confessions of seculars, but not of Regulars.⁵

Nor does the declaration of the S. C. of the Council of November 18, 1769, in Hildesimen.⁶ hinder this: namely that illicit and invalid are the confessions of Religious who there were accustomed to choose for themselves a secular presbyter not approved by the Bishop; for they did not lack the availability of a confessor of their own Order, as is clear from the very exposition of the Doubt.

Nor does the Brief of Benedict XIV of March 30, 1742, in which it is required that Capuchins choose an approved one, hinder more; nor the declaration of the S. C. of Bishops and Regulars of June 3, 1861, by which the same condition is appended for the Order of Hermits of St. Augustine. For it is by no means established that the things thus established and decreed for Capuchins and Hermits must be extended to all Regulars. For each Religion has its own constitutions. - For the rest, as regards the Capuchins, "Pius IX, by Brief of September 27, 1852, modified the aforesaid disposition of Benedict XIV, by conceding to Capuchin Friars, whether lay or priests, dwelling in any place whatever because of sermons, Missions, a journey, or on account of any other legitimate cause, when there is no monastery or hospice there, and they have availability only of one priest confrere, the faculty of confessing their sins to a SECULAR priest approved by the Ordinary, or to another REGULAR priest approved by the Superior of the Order to which he belongs: - likewise by these they can be absolved from cases and censures reserved in the Order, with the obligation nevertheless remaining firm of later presenting themselves to their proper Superior, etc., so that they may again be absolved from the said cases and censures."⁷

Q. 2. Whether Regulars can absolve resident students, without the Bishop's approbation, as being of the household?

Resp. Some deny it, because resident students are not of the household, as servants are. Yet others, more commonly, affirm it. Nor does St. Alphonsus dissent; for speaking of that privilege which familiars of religious enjoy, he adds without any mark of reprehension: "Bordonus extends this to pupils of Monasteries."⁸ "In practice," says Gury,⁹ "this latter opinion is safe"; and the reason is because this has been expressly conceded to several Regular Orders, for example to Benedictines, Theatines, Somaschans, Clerics Ministers of the Infirm, etc., in which privilege the other Orders communicate by the fact itself.¹⁰

1764. I. Nuns who pronounce solemn vows and are CLOISTERED cannot confess except before a priest SPECIALLY approved for them. - Nor are those exempt from the jurisdiction of the Bishop and subject to the jurisdiction of their own Order excepted from this law. Yet in this case the appointment of the confessor and his election pertain, by law, to their regular Prelate. Thus from the Bull Inscrutabili of Gregory XV, which Benedict XIII confirmed through the Bull Pastoralis, March 27, 1726. But a confessor approved for one monastery cannot by that very fact receive confessions also in other monasteries, unless he has been universally approved by the Bishop for all Nuns. Thus from the Bull Superna of Clement X, June 21, 1670.¹¹

Several things worthy of note must be added here:

1. From the decree of the S. C. of Bishops and Regulars of September 20, 1642,¹² ordinary confessors of Nuns cannot be approved except for a three-year period: this having elapsed, so that they can be confirmed, an Indult of the S. C. of Bishops and Regulars is required, which it is accustomed to concede, just causes standing, under certain conditions.¹³ - And this same thing is valid for confessors of Conservatories, as is established from another Decree issued on March 18, 1649.¹⁴ Yet there are Authors who think that the Bishop can permit the confessor to continue beyond three years in his office, if other suitable priests are lacking.¹⁵

2. An Apostolic Indult being saved, the confessor of Nuns must be forty years old; nor are the Vicar of the Bishop, a Canon, or another Beneficed cleric obliged to choir, a pastor, or, if it is a question of Nuns subject to the Bishop and of the ordinary Confessor, a Regular priest, to be appointed to this office.¹⁶ Besides, only one confessor must be appointed for any monastery, as Benedict XIV expressly declared.¹⁷

3. The ordinary confessor is bound to go to hear the confessions of Nuns as often as he is called. - But let him beware lest he conduct himself as Superior of the monastery, since no authority of this kind belongs to him in any way. Thus the S. C. of Bishops and Regulars, September 7, 1797.¹⁸

1765. II. To Nuns, and to the novices themselves, an EXTRAORDINARY confessor is to be granted TWO OR THREE TIMES each year. This is established from Trent, sess. 25, cap. 10: "Besides the ordinary confessor, moreover, another extraordinary one, by the Bishop and other Superiors, is to be offered two or three times in a year, who must hear the confessions of all."

This statute was confirmed by Benedict XIV in the Bull Pastoralis issued August 5, 1748. In this same Bull it is prescribed: "that Nuns, although they are not bound to confess to the extraordinary, are nevertheless bound to present themselves to him, for hearing salutary admonitions. - Likewise, that Bishops observe this same thing, that is, establish the same law, with Conservatories. Likewise, that in the article of death there be granted by the Bishop to any Nun requesting it a particular confessor: and if the monastery is exempt, if the regular Prelate does not grant it, it is to be assigned by the Bishop, or, if the Bishop also refuses, by the Major Penitentiary, if time allows. - Likewise, that if some Nun refuses to confess to the ordinary confessor, another be appointed for her by the Bishop, for certain times; and if the monastery is exempt, by the regular Prelate, and if he refuses, it be granted by the Bishop or Major Penitentiary. - But the Pontiff exhorts Bishops not to be difficult in granting sometimes an extraordinary confessor to particular nuns requesting one. - Finally he establishes that regular Prelates of Nuns are bound two or three times in a year to assign an extraordinary one from those approved by the Bishop for confessions of Nuns, who, at least once in a year, is either a secular or of another Order; otherwise let the Bishop appoint him; and at that time the ordinary confessor is to hear the confessions of no one, neither of the abbess nor of the novices."¹⁹

The extraordinary himself, after completing his office, must not afterward go to the monastery, nor under any pretext continue commerce of any kind, under the penalties imposed on those going to Monasteries of Nuns and conversing with them²⁰ (cf. n. 2164).

IT IS ASKED. Whether Nuns living OUTSIDE THE CLOISTER or COMMUNITY enjoy full liberty concerning the choice of confessor?

Resp. When a Doubt was proposed in these words to the S. Congregation of Bishops and Regulars: "It is sometimes conceded to Nuns, either from a motive of health, or from another cause, that, retaining the habit, they stay outside the monastery for a brief time. Hence it is asked whether, in such circumstances of things, they can confess to confessors approved by the Bishop for each sex, although not approved for Nuns." The response was: "The Most Holy, in the Audience held on August 27, 1852, commanded that the reply be made: Affirmative, during the stay outside the monastery."²¹

For the time of Jubilee, see n. 1736.

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.

"3. Let superiors beware lest either they themselves directly or through another, by force, fear, importunate persuasions, or any other reason, induce any subject to confess sins before themselves."

Therefore: 1) In order that a superior licitly hear confession, provided it is not done habitually, a simple petition suffices.

2. A grave cause, besides spontaneous petition, is required for a superior to hear someone habitually, such as difficulty of confessing before other religious or of going out to find a confessor; nevertheless a grave cause is with difficulty present if the community is large and there are several confessors.

3. A 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 in the proper sense, but not the head of a filial house, minister, prefect of spirit, or bursar.

Canon 519: "The constitutions remaining firm which prescribe or advise that confession be made at stated times before determinate confessors (of which, therefore, the force or obligation remains), if a religious, even exempt, for the quiet of his conscience approaches a confessor (whether within or outside the house) approved by the Ordinary of the place, even if not counted 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 from censures ab homine reserved according to can. 2245 and 2247.

The reason for making confession for the quiet of conscience is not only grave sin committed, but also doubt because of temptation, or a non-ordinary light fault, anxiety which is not easily opened to one's own confessor, difficulty of approaching the ordinary confessor, etc. In these cases they can approach any confessor whatever, but only in a licit manner, that is, according to the rules, e.g., when an occasion is offered within or outside the convent; but for this reason they cannot go out of the convent without license nor demand from the superior that he call such a confessor.

B. Concerning novices, canon 566 is valid: "In religions of men, with the prescription of can. 519 remaining safe:

"1. According to the number of novices, let there be one or several ordinary confessors, with the prescription of can. 891 remaining safe;

"2. Ordinary confessors, if it concerns a clerical religion, are to dwell in the house itself of the novitiate; if a lay religion, they are at least to come frequently to the house of the novitiate, to hear the confession of the novices;

"3. Besides ordinary confessors, let some confessors be designated whom the novices can freely 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 pupils, can. 891 is valid: "The Master of novices (who are to be understood strictly, namely, those who have not yet emitted profession) and his associate, the Superior of a Seminary or college, are not to hear the sacramental confessions of their pupils dwelling with them in the same house (not externs), unless the pupils of their own accord ask this from a grave and urgent cause in particular cases."

Hence 1) those who are enumerated in can. 891 are not deprived of jurisdiction; whence confession made before them would not be invalid, but it is prohibited and is illicit. - 2) Superiors and pupils must remain in the same house of the convent, seminary, or college, that is, of the boarding establishment where they are formed for theology, philosophy, or the humanities. - 3) Three conditions are simultaneously required for confessions to be licitly heard: spontaneous petition of the pupil - grave and urgent cause - particular case. Therefore they cannot, even for a grave cause, habitually and ordinarily hear the confessions of certain pupils. And therefore in this matter their liberty is more restricted than that of a superior as to the confession of religious.

III. Concerning the confession of religious women, canon 876 is valid:

"1. Any particular law or privilege being revoked, priests, both secular and religious, of whatever grade or office, for receiving validly and licitly the confessions of any religious women whatever (whether nuns, or other religious women approved by the Holy See, or even diocesan religious women, indeed women living in common without vows according to can. 675) and of novices (not however postulants), need peculiar jurisdiction, with the prescription of can. 239, § 1, n. 1 (concerning the privileges of Cardinals), 522 and 523 remaining safe.

"2. The local Ordinary, where the house of the religious women is situated, confers this jurisdiction, according to the norm of can. 525."

Moreover, that this principle may be opportunely applied to practice, further prescriptions come to be noted:

A. Canon 520: "1. To individual houses of religious women (at least formed houses) let only one ordinary confessor be given, who is to receive the sacramental confessions of the whole community, unless because of their great number or another just cause there is need of another or several."

In such a case it is expedient to divide the sisters into several categories according to order of profession, office, or language, so that for individual categories there may be one ordinary confessor.

"2. If some religious woman, for the quiet of her soul and for greater progress in the way of God, asks for some special confessor or spiritual moderator, let the Ordinary easily concede him; nevertheless let him watch lest abuses creep in from this concession; but if they have crept in, let him eliminate them cautiously and prudently, with liberty of conscience remaining safe."

An abuse, for example, surely would be if nearly all the religious women had a special confessor, because this would be to twist and frustrate the law.

B. Canon 521: "1. To each community of religious women let there be given an extraordinary confessor who at least four times in the year comes to the religious house and to whom all religious women must present themselves at least to receive a blessing.

"2. Ordinaries of places in which communities of religious women exist are to designate some priests (at least two, not indeterminately) for individual houses, to whom for the sacrament of Penance in particular cases they can easily recur, without its being necessary to approach the Ordinary himself as often as needed.

"3. If some religious woman asks for one of these confessors (extraordinary or supplementary), it is permitted to no Superior, either by herself or through others, neither directly nor indirectly, to inquire into the reason for the petition, to resist the petition by words or deeds, or in any way to show that she bears this with difficulty."

Therefore she cannot inquire directly by herself, e.g., by asking the reason from the religious woman herself, nor through others, e.g., through the mistress of novices or through other sisters, nor indirectly by asking others where she was or what things she said.

C. Canon 522: "If, notwithstanding the prescription of can. 520, 521, some religious woman, for the tranquility of her conscience, approaches a confessor approved by the Ordinary of the place for women, the confession made in any church or oratory, even semi-public, is valid and licit, any contrary privilege revoked; nor can the Superior prohibit this or inquire concerning this matter, not even indirectly; and religious women are held to report nothing to the Superior."

Canon 523: "All religious women, when they are gravely sick, although danger of death is absent, can call any priest approved for receiving the confessions of women, even if not destined for religious women, and confess to him, as often as they wish, while the grave infirmity endures; nor can the Superior prohibit them either directly or indirectly."

Therefore some religious woman, not the community, for the quiet of her conscience, can approach any confessor approved by the Ordinary of the place for women anywhere, even if the confessor comes occasionally or when called to the religious house itself (Commission of Interpretation, 28 Dec. 1927) - without, however, any right of requesting him or demanding him belonging to the religious woman - and confess before him in any church or oratory, even semi-public; therefore also in the church of her own convent, or in an oratory legitimately erected for the convenience of the community or group of the faithful coming together there, not however in an oratory of only some family or merely private. Besides, a religious woman in grave illness, which namely greatly afflicts or easily becomes dangerous, can ask for any confessor similarly approved for women as often as she wishes, and consequently even several times in a week.

IV. Corollaries. - From the foregoing we conclude with Fr. Vermeersch, Summa Novi Iuris, nn. 188-189: "All religious women, whether novices or professed, at home or outside, make confession validly:

1. before the ordinary confessor of the community;

2. before a special confessor or moderator whom, when she asks for him for the quiet of her soul and for greater progress in the way of God, the Ordinary will easily concede;

3. if they are gravely sick, although danger of death is absent, before any priest approved for women, while the grave infirmity endures;

4. before the extraordinary confessor of the community (to whom at least four times in the year they must present themselves) or before a supplementary confessor from those whom the Ordinary has designated for that end, called by the Superior;

5. finally before an occasional confessor approved by the Ordinary of the place for women, provided confession is made in a church or oratory, even semi-public," or, as has recently been conceded, in a place legitimately designated for hearing the confessions of women;¹ which is not to be understood only of a place habitually designated, but also of a place designated by way of an act, or chosen according to the norm of can. 910, § 1,² namely, because of infirmity or another true necessity and with the cautions which the Ordinary of the place shall have judged opportune having been employed.

¹ Namely, this was extended to every place destined for confessions, for on 24 Nov. 1920, to the question whether confession made outside a church or oratory is only illicit, or invalid, the response was authentically given thus: "canon 522 is to be understood thus, that confessions... are licit and valid, provided they are made in a church, or oratory and semi-public, or in a place legitimately designated for hearing the confessions of women." The place is required for validity, as is established from the text itself, and recently was authentically declared, 28 Dec. 1927.

² Thus Commission of Interpretation, 12 Feb. 1935.

In order that they may licitly use the faculty indicated under nn. 4 and 5, "in particular cases, a reasonable motive is required and suffices; and without the consent of the Ordinary, they could not constitute one of these adventitious confessors as a stable confessor for themselves. Nevertheless we do not deny that a particular case can recur rather frequently for a person of anxious conscience. A reasonable cause for all will be, for example, confession impeded on the accustomed day, greater devotion on the vigil of a feast, a fault even light but more deliberately admitted, doubt because of an importunate temptation, anxiety which one does not gladly open to the ordinary confessor, etc.

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.

Question 11. Who concedes the faculty of hearing the confessions of religious women?

Resp. If the house of religious women is immediately subject to the Apostolic See or to the Ordinary of the place, the latter chooses the priests for confessions, both ordinary and extraordinary; if to a regular Superior, the latter presents confessors to the Ordinary, to whom it belongs to approve the same for hearing the confessions of those nuns, and, if there is need, to supply the negligence of the Superior (Can. 525).