Confessors to Be Deputed for Religious

349. Prenotions. 1. All women devoted to God and living in community are called by the generic name religious women. There are religious women who pronounce solemn vows and have strict enclosure, and religious women who emit only simple vows or no vows and do not observe strict enclosure. Religious women of simple vows are called sisters; religious women of solemn vows, and those whose vows are solemn at least by institute but, by prescription of the holy see in some places, are simple, are called nuns. Moreover, some nuns are subject to the jurisdiction of the bishop; others, exempt from the jurisdiction of the bishop, are subject to the jurisdiction of the superiors of their own order. All sisters are subject to the jurisdiction of the bishop.

2. Those things which are established by the Code of Canon Law concerning confessors of religious women, whether ordinary or extraordinary, must also be observed by pious communities which are bound by no vows, even if they are only diocesan institutes.

¹ Pelizzarius, Tractatio de monialibus (corrected Roman edition, 1755). I. Ch. Ioder, Das Beichtvateramt in Frauenklostern (Archiv f. k. Kirchenr. vol. 78 [1898] and 79 [1899]). In this whole question concerning confessors of nuns, the decree of the S. C. de Religiosis, 3 Feb. 1913, De monialium et sororum confessionibus, containing 17 numbers or paragraphs, is of the greatest importance; by it greater liberty in choosing a confessor is granted to religious women, and therefore some laws in force up to this time are changed. The Code of Canon Law agrees with it. Cn. 520-527. Cn. 876.

350. On the Confessor of Religious Women. 1. For receiving validly and licitly the confessions of any religious women and novices whatever, priests, both secular and religious, of whatever grade and office, need a special jurisdiction.¹

Only Cardinals are excepted, who can hear the confessions also of religious of either sex everywhere on earth.²

2. The ordinary of the place in which the religious house is situated confers this jurisdiction, in this manner:

a. If the house is immediately subject to the apostolic see or to the ordinary of the place, he chooses the priest confessors, both ordinary and extraordinary, and approves them, i.e., confers jurisdiction upon them.

b. If the house is subject to a regular superior, he presents the confessors to the ordinary, who approves them.³

The confessor of nuns is customarily approved either specifically for some monastery or generally for all nuns of the same diocese. A confessor specifically approved for one monastery cannot validly receive confessions in another monastery, not even of the same order.

3. If 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 a semi-public one, is valid and licit, any contrary privilege being revoked; nor can the superior prohibit this or inquire about that matter, not even indirectly; and religious women are bound to report nothing to the superior.⁴

Since the cited canon, from the decree of the S. C. de Relig. of 3 Feb. 1913, granting to religious women the faculty of confessing on a given occasion to any confessor approved for either sex outside their own house, omits the words: outside their own house, it grants this faculty of confessing also in their own house. Nevertheless it must be attended that it concerns only confession which is made now and then for obtaining tranquility of conscience. Therefore to nuns also dwelling within enclosure there has been given the power of confessing now and then to another who is not their own confessor.

4. All religious women who are gravely ill, even if they are not in danger of death, can call any priest approved for receiving confessions for either sex, even if not destined for religious women, and can confess to him during grave illness as often as they wish; nor can the superior prohibit them either directly or indirectly.⁵

5. The ordinary of the place, for a grave cause, can remove a confessor, both ordinary and extraordinary, even if the monastery is under regulars and the confessor is a regular; nor is he bound to signify the cause of removal to anyone except the holy see, if it is required by it; but he must warn the regular superior about the removal, if the nuns are subject to regulars.⁶

¹ Cn. 876.

² Cn. 239, 1.

³ Cn. 525.

⁴ Cn. 522.

⁵ Cn. 523.

⁶ Cn. 527.

351. On the Ordinary Confessor. 1. To individual houses of religious women an ordinary confessor must be given, and indeed only one, who hears the confessions of the whole community, unless because of a great number of religious women or because of another just cause there is need of another or of several.¹

a. The law of one confessor was established both on account of uniformity of spiritual direction and for preventing abuses. At first issued only for nuns of solemn vows, later it was extended also to sisters of simple vows, but it does not bind for secular persons or girls to be educated who live with the nuns.

b. Nothing prevents the same person from being ordinary confessor in several monasteries, whether of the same or of a different order, whether of solemn or simple vows.²

2. The ordinary confessor of religious women is not constituted except for a three-year period; nevertheless the ordinary can confirm the same person (without permission of the holy see) for a second, indeed for a third three-year period.

When the three-year period has elapsed, the confessor can again be confirmed in his office: a. if because of scarcity of suitable priests provision cannot be made otherwise, or b. if the greater part of the religious women, even those who otherwise do not have the right of casting a vote, have agreed through secret ballots on the confirmation of the same confessor. For those dissenting, if they wish, provision must be made otherwise.³

3. The vicar general cannot be constituted confessor, whether ordinary or extraordinary, of religious women, because it is not fitting that he be constituted judge in the internal forum who is judge in the external forum.⁴

4. The ordinary confessor cannot be deputed extraordinary, nor again ordinary in the same community, unless after a year from the completed office, excepting the cases listed above. But the extraordinary can immediately become ordinary.⁵

¹ Cn. 520, 1.

² S. C. Ep. et Reg., 1 Sept. 1905.

³ S. C. de Relig., 3 Feb. 1913, n. 2. Cn. 526.

⁴ Cn. 524, 1.

⁵ Cn. 524, 2.

352. On the Extraordinary Confessor. 1. To each religious community there must also be given an extraordinary confessor, who at least four times in the year approaches the religious house, and to whom all religious women must present themselves, at least to receive a blessing.¹

This was established so that those religious women who really need his help can approach the extraordinary confessor without shame. Indeed, in order that full liberty of approaching him be preserved for nuns, it is prohibited: a. lest the ordinary confessor, at the time when the extraordinary is exercising his office, approach the monastery; but if he lives in the monastery, it is not necessary that he depart from the house, but he must take care that he not dare to bring any impediment to the extraordinary; b. lest during that time he hear the confession of any nun, not even of the abbess or a novice; nevertheless this is not prohibited to him under penalty of nullity.

2. The confessor, both ordinary and extraordinary, must be furnished with knowledge, prudence, and holiness of morals, and must be 40 years old; nevertheless for a just cause the ordinary can choose priests for this office who do not yet have this age, provided they excel in other gifts.²

Confessors of religious women, both ordinary and extraordinary, are warned not to mingle in any way in the internal or external governance of the community.³

Note 1. Spiritual direction, both of the community in general and of individual nuns, pertains in itself to the ordinary confessor; wherefore to the extraordinary no other office belongs by law except to hear the confessions of the nuns at the stated times and to supply salutary admonitions and counsels in those matters which are proposed to him. Prudence requires, namely, that he not in any way mingle in other matters, whether they pertain to discipline or to the spiritual life.

Note 2. Let the ordinary confessor not bear it ill if sometimes nuns call the extraordinary confessor; indeed in certain circumstances let him himself counsel that they approach the extraordinary. For where he notices that a nun is not progressing in spirit, because he himself, for example, cannot aptly direct her scrupulous conscience or cure her tepidity, let him send her to the extraordinary, to whom perhaps it will better fall to obtain what he himself had thus far attempted in vain to achieve.

¹ Cn. 521, 1.

² S. C. de Relig., 13 Feb. 1913, n. 8. Cn. 524, 1.

³ Cn. 524, 3.

353. On Special and Designated Confessors. 1. If some religious woman, for the peace of her soul and for greater progress in the way of God, asks for some special confessor or spiritual director, the ordinary will readily grant him; nevertheless he should watch lest abuses creep in from this grant.¹

A special confessor of this kind is to be granted not for a fixed time, but as long as the cause of necessity or spiritual usefulness lasts. Even a confessor who has exercised the office of ordinary for a three-year period can be deputed as special confessor, even though a full year has not yet elapsed from cessation of the office.²

2. In those places in which communities of religious women exist, the ordinary should designate some priests for individual houses, to whom religious women can have recourse for the sake of confession in particular cases, without it being necessary to approach the ordinary as often as this occurs.³

Concerning this matter the decrees establish: a. From the confessors designated by the bishop, the religious woman herself can choose whom she wishes.⁴

b. A designated confessor cannot be denied to a religious woman requesting him, not even in the case in which the superior sees that there is no necessity of calling him.⁵

c. If a religious woman asks for a designated confessor, the superior is not permitted, neither by herself nor through others, not even indirectly, to inquire into the reason for the petition, to oppose the petition by words or deeds, or to show in any way that she bears it ill.⁶

d. Designated confessors, if they understand that religious women approach them without any just cause, should prudently dismiss them. Moreover all religious women are warned that, setting aside human reasons, they should seek an extraordinary confessor only for spiritual good and greater progress in virtues.⁷

e. If a religious woman, according to the judgment of superiors, habitually seeks a special confessor or spiritual director for the quiet of her soul and for greater progress in perfection, he is to be granted to her by the ordinary; nevertheless he must watch lest abuses creep in from this grant.⁸

f. Extraordinary, special, and designated confessors are not bound by the law of the three-year period;⁹ therefore they can remain in their office for several three-year periods.

¹ Cn. 520, 2.

² S. C. de Relig., 20 April 1917.

³ S. C. de Relig., 3 Feb. 1913, n. 11. Cn. 521, 2.

⁴ S. C. Ep. et Reg., 17 Aug. 1891.

⁵ Ibid.

⁶ S. C. de Rel., 3 Feb. 1913, n. 11.

⁷ Ibid., n. 13.

⁸ S. C. de Relig., 3 Feb. 1913, n. 5.

⁹ S. C. Ep. et Reg., 7 Dec. 1906.

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

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

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

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

III. As regards novices, these things hold:

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

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

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

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

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

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

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

I. Also in lay religions of men an ordinary and extraordinary confessor should be deputed; and if a religious asks for some special confessor, the Superior should grant him, in no way inquiring into the reason for the petition nor showing that he takes it ill (can. 528).

Note. In an exempt lay religion, the Superior proposes the confessor, who nevertheless must obtain jurisdiction from the local Ordinary in whose place the religious house is found (can. 875, § 2).

II. Also for lay male religious the things said in n. 374, II hold.

III. As regards novices, the things said in n. 374, III hold. Their ordinary confessors, however, should either stay in the novitiate house itself or at least frequently come to the novitiate house to hear the confessions of the novices. Postulants are subject only to the common governance of religious.

I. Different confessors. They are distinguished as ordinary, special, extraordinary, and particular.

1. Ordinary confessor. a) For each house of religious women only one ordinary confessor should be given, who receives the sacramental confessions of the whole community, unless because of their great number or another just cause there is need of another or of several (can. 520, § 1).¹

The words "who receives the sacramental confessions of the whole community" indicate the office of the confessor rather than an obligation of the religious women to approach him in the case in which, within the time established by the rule, they have confessed to another. Nevertheless, of itself it should be counseled that all be content with the ordinary confessor and ordinarily confess to him at the stated times.

A just cause for naming several ordinary confessors could be, for example, a plurality of national languages.

b) For the office of ordinary confessor of religious women there should be deputed priests, whether from the secular clergy or religious with the permission of their Superiors, outstanding in integrity of morals and prudence. They should moreover be forty years of age, unless a just cause, in the judgment of the Ordinary, requires otherwise, and they should have no power in the external forum over those same religious women (can. 524, § 1).

If the house of religious women is immediately subject to the Apostolic See or to the local Ordinary, he chooses priests for confessions, both ordinary and extraordinary; if it is subject to a regular Superior, he presents confessors to the Ordinary, whose duty it is to approve the same for hearing the confessions of those nuns and, if need be, to supply for the Superior's negligence (can. 525).

The ordinary confessor of religious women should not exercise his office beyond three years. Nevertheless, the Ordinary can confirm him for a second, indeed even for a third, three-year period, if either because of a shortage of priests fit for this office he cannot provide otherwise, or if the greater part of the religious women, including those who in other matters do not have the right of casting a vote, has agreed by secret votes to the confirmation of the same confessor. Nevertheless, for those dissenting, if they wish, provision must be made otherwise (can. 526).² Outside the cases set forth, the ordinary confessor cannot again be deputed as ordinary in the same community except after a year from the completion of his office; but an extraordinary confessor can immediately be named as ordinary (can. 524, § 2).

2. Special confessor. 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, the Ordinary should readily grant him. Nevertheless, he should watch lest abuses creep in from this concession; but if they do creep in, he should eliminate them cautiously and prudently, with liberty of conscience preserved (can. 520, § 2). Therefore a special spiritual director could also be granted without the office of confessor.

a) A special confessor or spiritual moderator is to be granted not for a prefixed time, but as long as the just cause of necessity or spiritual utility of the religious woman who requested him endures.³

b) The ordinary confessor of the community can also be deputed as moderator of conscience for some religious woman.⁴

3. Extraordinary confessor. To each community of religious women there should be given an extraordinary confessor who at least four times a year comes to the religious house, and to whom all religious women must present themselves, at least to receive a blessing (can. 521, § 1). In an extraordinary confessor the same things are required as in an ordinary one (can. 524, § 1). The same things also hold as regards his selection (can. 525), but he can be named for an indefinite time. Finally, the mind of the legislator is judged to be that, as such, he should not come to the religious house more than four times a year without the authority of the Ordinary.

4. Particular confessor. The local Ordinaries in whose places communities of religious women exist should designate some priests for individual houses, to whom the religious women can easily have recourse for the sacrament of Penance in particular cases, without its being necessary to approach the Ordinary himself as often as the case arises (can. 521, § 2). It is said, 1. for the sacrament of Penance; therefore not only for seeking direction or counsel. It is said, 2. in particular cases; therefore not habitually after the manner of the special confessor of whom under 2.

Note. If some religious woman asks for one of those confessors, no Superior is permitted, either personally or through others, 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 takes it ill (can. 521, § 3). This paragraph seems to regard both the extraordinary confessor of paragraph 1 and the particular confessor of paragraph 2. For first, canon 521 treats of both kinds of confessors, § 1 of the extraordinary confessor, § 2 of particular confessors; then § 3 says: "If some religious woman asks for one of those confessors," not "of these confessors." Then the distinct paragraph confirms this; for if this admonition regarded only particular confessors, it should have been stated in the same paragraph, not in a distinct paragraph of the same canon, which also treats of the extraordinary confessor.⁵

¹ The Sacred Congregation for Religious, July 3, 1916, declared that there was no obligation of naming an ordinary confessor for a community which did not contain at least six sisters. But the same Congregation several times, for example January 10, 1920 and January 18, 1921, ordered canon 520 to be observed even for small houses. But that canon supposes confessors who receive confessions in the house of the sisters itself. Therefore, if they are allowed to approach a church so that there they may confess in the manner of secular women, a confessor does not seem to have to be named (Vermeersch, Epitome, 4, n. 590).

² Sacred Congregation for Religious, April 20, 1913.

³ Sacred Congregation for Religious, April 20, 1913.

⁴ Sacred Congregation for Religious, April 20, 1913.

⁵ Vermeersch, Periodica, IX, p. (3).

II. As regards naming confessors of women novices, the things said about the religious women themselves hold (can. 566, § 1). Postulants, as regards this matter, are numbered among religious women, although it can be disputed whether special jurisdiction is required for hearing them validly (n. 373).

III. Things to be observed by confessors and by religious women. 1. The confessors of religious women, both ordinary and extraordinary, should in no way involve themselves in the internal or external governance of the community (can. 524, § 3). Special confessors called to the monastery or religious house, if they understand that the religious women approach them with no just cause either of necessity or of spiritual utility, should prudently dismiss them.¹

2. All religious women should in no way speak among themselves about the confessions of their companions, nor should they dare to criticize those sisters who make their confession to another than the deputed confessor.²

3. A Superior who acts against the prescriptions of canons 521, § 3,³ 522,⁴ and 523⁵ should be warned by the local Ordinary. If she offends again, she should be punished by him with deprivation of office, the Sacred Congregation of Religious being immediately informed (can. 2414).

¹ Decree Cum de sacramentalibus. The things said in the text, even if perhaps they can no longer be urged by force of the cited Decree, are nevertheless worthy of mention.

² Cf. p. 290.

³ Cf. p. 290.

⁴ Cf. p. 286.

⁵ Cf. p. 286.

The things said about male religious also hold for societies of men living in community without vows; likewise the things said about women religious hold for societies of women living in common without vows (can. 675).

"His Holiness ordered it to be rescripted to the proposed doubt, namely that Religious of suppressed Convents, who for this reason do not live in community, can choose for themselves as Confessor any Presbyter whatever, whether from the secular Clergy or from the Regular Clergy, provided that he is from those approved for receiving confessions by the Ordinary of the place. But to those Religious concerning whom there is question, who, although ejected from their Convents, nevertheless live in Community in the better way in which it can be done, His Holiness kindly grants the Indult of choosing for themselves any Confessor whatever, as above, provided that in it there are not had at least four Confessors of their own Order." Bizzarri, loc. cit., p. 155. S. C. EE. and RR. 3 July 1862.

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."

413. Religious women are of two kinds: some emit solemn vows and are called nuns; others emit simple vows and are called sisters.³ A twofold confessor is assigned to both: ordinary and extraordinary.

³ Code, c. 488, n. 7.

414. (A) On the ordinary confessor of religious women. (a) The necessity of special jurisdiction is asserted in this way in the Code:⁴ "Any contrary particular law or privilege being revoked, priests, whether secular or religious, of whatever grade or office, need peculiar jurisdiction in order validly and licitly to receive the confessions of any religious women and novices... This jurisdiction is conferred by the Ordinary of the place where the house of the religious women is situated."

⁴ Code, c. 876.

415. (b) The unity of the confessor is declared in this way: "For each house of religious women only one ordinary confessor is to be given, who is to receive the sacramental confessions of the whole community, unless because of their great number or for another just cause there is need of another or of several."⁵

⁵ Code, c. 520, § 1.

416. Nevertheless certain exceptions are given so that the liberty of approaching other confessors may remain secure in certain circumstances: (a) "if any religious woman, for the quiet of her soul and for greater progress in the way of God, asks for some special confessor or spiritual director, the Ordinary should easily grant him, but should watch lest abuses creep in from this concession; and if they creep in, he should cautiously and prudently eliminate them, the liberty of conscience being preserved."⁶ (b) All religious women, when they are gravely sick, 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 during the continuance of the grave illness can confess to him as often as they wish; nor can the Superior forbid them either directly or indirectly.¹ (c) From can. 522, for the tranquility of her conscience, a religious woman can approach any confessor approved for women; and from the decision of the Pontifical Commission (24 Nov. 1920), that confession is licit and valid, provided it is made in a church or even semi-public oratory, or in a place legitimately designated for hearing the confessions of women, and therefore in the chapel itself of the community.

⁶ Code, ibidem, § 2.

¹ Code, c. 523.

417. (c) The conferring of jurisdiction is thus determined: 1) "If the house of religious women is immediately subject to the Apostolic See or to the Ordinary of the place, he chooses the priests for confessions, both ordinary and extraordinary; if it is subject to a regular Superior, he presents the confessors to the Ordinary, to whom it belongs to approve them for hearing the confessions of those nuns, and, if there is need, to supply for the negligence of the superior."²

² Code, c. 525.

418. 2. "The ordinary confessor of religious women is not to exercise his office beyond a three-year period; nevertheless the Ordinary can confirm him for a second, indeed even for a third three-year period, if either, on account of a scarcity of priests suitable for this office, he cannot provide otherwise, or the greater part of the religious women, including those who in other affairs do not have the right of casting a vote, have agreed, by secret votes, to the confirmation of the same confessor; nevertheless for those dissenting, if they wish, provision must be made otherwise."³

³ Code, c. 526.

419. (B) On the extraordinary confessor. According to the Code:⁴ (a) an extraordinary confessor is to be given to each community of religious women, who should come to the religious house at least four times in the year, and to whom all the religious women must present themselves, at least to receive a blessing; (b) besides, Ordinaries should designate several priests for the individual houses, to whom they can easily have recourse for the sacrament of penance in particular cases, without its being necessary to approach the Ordinary himself each time; (c) if any religious woman requests one of these confessors, no Superior may, by herself or through others, directly or indirectly, inquire into the reason for the petition, oppose the petition by words or deeds, or show in any way that she bears it with displeasure. But a Superior who has acted contrary to these prescriptions is to be warned by the Ordinary of the place; if she offends again, she is to be punished by him with privation of office, the Sacred Congregation of Religious nevertheless being immediately informed.⁵

⁴ Code, c. 521.

⁵ Code, c. 2414.

420. (C) On those things which pertain to both confessors. (a) With regard to the required qualities, "for the office of confessor of religious women, both ordinary and extraordinary, priests are to be deputed, whether from the secular clergy or religious with the permission of Superiors, outstanding in integrity of morals and prudence; they are moreover to be forty years of age, unless, in the judgment of the Ordinary, a just cause demands otherwise, and are to have no power in the external forum over the same religious women."¹

¹ Code, c. 524, § 1.

421. (b) With regard to a new deputation: An ordinary confessor cannot be appointed extraordinary, nor, apart from the cases reviewed above, be deputed again as ordinary in the same community, unless after a year from the completed office; but an extraordinary confessor can immediately be appointed as ordinary.²

² Ibid., § 2.

422. (c) With regard to the governance of the community, the confessors of religious women, both ordinary and extraordinary, are in no way to mix themselves into the internal or external governance of the community.³

³ Ibid., § 3.

423. (d) With regard to the removal of confessors, "the Ordinary of the place can, for a grave cause, remove the confessor of religious women, both ordinary and extraordinary, even if the monastery is subject to regulars and the priest himself for confessions is a regular; nor is he bound to indicate the cause of removal to anyone, except to the Apostolic See, if it is required by it; but concerning the removal he must warn the regular Superior, if the nuns are subject to Regulars."⁴

⁴ Code, c. 527.

— A. On Religions of Men. The governance consists in these points, from c. 528.

1. Religious validly confess before any confessor approved by the local Ordinary.

2. One or several confessors are to be deputed for them, at the judgment of the local Ordinary, or of the Superior of an exempt religion.

3. Besides, an extraordinary confessor must be deputed. Religious, however, except novices, do not have to approach him, not even to receive his blessing.

4. A special habitual confessor is easily to be conceded by the Superior to those asking.

5. Jurisdiction proceeds from the Ordinary of the place in which the religious house is. In an exempt religion, the Superior proposes the confessor to the local Ordinary. Peculiar privileges, if there are any in this matter, are not abrogated.

— B. On Religions of Women. Although the canons do not yet grant to nuns and sisters that free option of confessors which, after the Council of Trent, was granted first to seculars, then to religious men, nevertheless the Code not only confirms but also somewhat extends the more benign norms which Pius X introduced, not without grave counsel, and indeed, as we have heard, from his own persuasion of mind, and which the very use of daily Communion seems to demand.

Moreover, since religious women can have ordinary, extraordinary, special, supplementary, and occasional confessors, and a greater option is left to Sisters gravely sick, it seems that first the various confessors, then the sick Sisters or nuns, must be spoken of in order.

— I. On the Ordinary Confessor. 1. For all religious women there is confirmed the principle which, with attention to common law, was for a long time proper to nuns, according to which a single ordinary confessor is to be assigned to individual houses of religious women (c. 520, §1).

Nevertheless, plurality of confessors is admitted on account of the number of religious women or another just cause (c. 520, §1).

Another just cause seems to us to be present if, on account of circumstances, the local Ordinary cannot change the ordinary confessor after stated intervals. But if because of a greater number of religious women several ordinary confessors are constituted, nothing prevents the bishop from dividing the community among those several, so that to individual parts one alone is ordinary.

Besides, since in the canon it is not said "even in non-formed houses," words which are accustomed to be added when the matter could be doubted (for example in c. 597, on cloister), the response given by the Sacred Congregation on Religious, July 3, 1916, to the bishop of Liege, ad III: "There is no obligation of appointing an ordinary confessor for Sisters, if their community does not attain the number of at least six Sisters" (cf. for example Archiv f. K. KR., t. 97, pp. 85-87) still seems to be in force, at least in this respect, that the Ordinary can then permit the Sisters to confess after the manner of seculars in a public church; in which case, no ordinary confessor is to be designated.

2. The ordinary confessor can be chosen from either clergy, supposing, for a religious confessor, the license of Superiors; he must be forty years old, "unless a just cause, in the judgment of the Ordinary, demands otherwise"; nor can he have any power in the external forum over the same religious women (c. 524, §1).

Wherefore the office of ordinary confessor is not to be committed to that priest to whom some power is attributed of moderating the Sisters, for example as mistresses of schools, prefects of a hospital.

This reason already advises that, in places where two or three Sisters instruct girls, the pastor not be formally appointed ordinary confessor of those Sisters. For although he is not strictly their Superior, nevertheless he is endowed with great authority in the Catholic school, and easy conflicts can arise between him and the Superiorissa. I would judge it more satisfactory, unless another more suitable person can be designated, that the Ordinary appoint no ordinary confessor, and simply allow the Sisters freely, in the parish church or another, to approach some confessor. Nevertheless the Ordinary, for whom there can be just causes of ordering the matter otherwise, must be obeyed.

Moreover, to every confessor, both ordinary and extraordinary, c. 524 §3 recommends that he in no way involve himself in the external governance of the community.

3. Jurisdiction proceeds from the local Ordinary. If, however, the house is subject to a regular Superior, he presents confessors to the Ordinary. But the Ordinary supplies for a negligent Superior (c. 525), by appointing without presentation.

4. Of itself the office of ordinary confessor of religious women is conferred for three years. Nevertheless a scarcity of confessors or the vote of the greater part of the religious women gives a just cause on account of which the Ordinary can confirm the confessor for a second, indeed for a third, three-year period. But the vote of the religious women must be expressed through secret ballots, even of those who in other affairs lack active voice, as, for example, lay sisters. If the vote was not unanimous, provision must be made otherwise for the dissenting, if they wish (c. 526).

Besides, an ordinary confessor cannot be appointed extraordinary immediately; nor, beyond the cases just enumerated from c. 526, can he again be deputed ordinary in the same community except after a year from the completed office (c. 524, §2).

That law concerning change after three years does not affect ordinary confessors of religious men, since these perpetually have greater option; nor the confessor of novices, if they have a proper one, since the novices are going to depart after one or another year, so that he is never constituted beyond three years for the same persons.

If the confessor seems to be confirmed beyond the third three-year period, the Holy See is to be approached. It sometimes dispenses bishops from the law of varying confessors. Thus, by indult of September 2, 1913, the bishops of Belgium obtained for five years that they could confirm ordinary confessors of Sisters in office for the time well-seeming to them and without voting of the Sisters (cf. Per., VII, 369).

But in the petition itself the petitioning bishops placed this clause: "all other dispositions for safeguarding the liberty of consciences being observed."

Therefore Sisters for whom the stability of the confessor is less acceptable must easily obtain a special confessor, according to c. 526.

5. For a grave cause, the local Ordinary can remove the confessor, after warning the regular Superior if the nuns are subject to regulars. The cause of removal is to be signified only to the Apostolic See, if it is required by it (c. 527).

— II. On the Extraordinary Confessor. 1. To every community of religious women an extraordinary confessor must also be given, endowed with the same age and qualities as the ordinary, who at least four times in the year approaches the religious house, and to whom all the religious women must present themselves, at least to receive his blessing (cc. 521 and 524, §1).

The very manner in which the canon is written demonstrates that it is of the mind of the legislator that one and the same priest offer himself as extraordinary at least four times in the year. The reason is added, that the Sisters, if they prefer, can be directed in spirit by the extraordinary in a sufficiently stable and continuous way. Nevertheless there are places where, suitable persons lacking, the local Ordinary is compelled to order the matter otherwise, and sends now this, now that priest for receiving confessions as extraordinary.

Nor does it seem to be contrary to the law that once in the year, for example during spiritual exercises, the priest who gives the exercises receives confessions as extraordinary.

But that the extraordinary, as such, should approach more than four times, the authority of the Ordinary is needed, to whom it belongs to define the greater frequency. Whenever, however, he fulfills his office of extraordinary confessor, all the religious women must present themselves to him.

2. Nothing prevents the extraordinary confessor from being immediately appointed ordinary of the same community (c. 524, §2); nor must he himself be changed after three years.

It is to be expected from the prudent zeal of the local Ordinary that he take care lest, through too many years, the Sisters have habitual supply of only two priests, so that, except for the interval now prescribed by the law itself, the ordinary and extraordinary confessors seem almost to exchange the office between themselves. We say this unless the exceptional gifts of the confessors bring it about that the very stability of persons is pleasing to all and truly desirable.

3. By the same reason as the ordinary confessor himself, the extraordinary can be removed by the local Ordinary (c. 527).

— III. On the Special Confessor. We call special confessor a priest, distinct from the ordinary confessor, to whom some Sister habitually confesses. To one asking for such a one, the Ordinary is easily to assent, provided that this seems to contribute either to the quiet of her soul, or to her greater spiritual progress. But at the same time abuses, if any creep in from this, are to be cautiously and prudently eliminated by the Ordinary, yet in such a way that liberty of conscience remains safe (c. 520, §2).

Therefore the Code does not wish that, on account of some abuse, the faculty be immediately taken away; but it advises the Ordinary that he study to compose all things prudently.

The special confessor is freely appointed by the Ordinary, whether secular or religious; nor must he be presented by the religious Superior; nor is a peculiar age required in him. And he can be the ordinary himself who has fulfilled the office (Sacred Congregation on Religious, April 20-22, 1917. Per., VIII, p. 229).

— IV. On Supplementary Confessors. From c. 521 §2, in places in which religious communities exist, some priests must be furnished with habitual faculties, so that in particular cases they can be called without the necessity of approaching the local Ordinary.

A particular case can be that of some Sister who wishes once to confess to another, or of the community itself, as if the ordinary is absent or sick.

Whenever, moreover, some religious woman asks for either an extraordinary or a supplementary confessor, it is lawful for no superior "neither by herself nor through others; neither directly nor indirectly, to inquire into the reason for the petition, to resist the petition by words or deeds, or to show in any way that she bears it ill" (c. 521, §2).

We said: "whenever she asks for either an extraordinary or a supplementary confessor." For after it treated in §1 concerning an extraordinary confessor, in §2 concerning supplementary confessors, canon 521 in §3 says: "If some religious woman asks for any one of those confessors." Therefore these words are referred to both preceding paragraphs, so that the extraordinary is counted among those confessors.

And so the local Ordinary could not prohibit that a priest whom he stably gave as extraordinary be called as supplementary by some religious woman.

It belongs to the supplementary confessor to warn a Sister who has summoned him without reasonable cause; concerning external abuses, the local Ordinary is to be warned.

Supplementaries are freely designated by the local Ordinary, also for those communities which are subject to regular men. Nor must they have a peculiar age.

— V. On the Occasional Confessor from c. 522. Besides the ordinary, extraordinary, special confessor, and besides supplementary confessors, provision is made for the liberty of religious women, or rather for the security and tranquility of their conscience, by a new reason, by permitting that in certain circumstances they approach any confessor approved for women. For thus sounds c. 522, in almost the same words which canon 519 used concerning men.

"If, notwithstanding the prescription of cc. 520, 521, 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 oratory even semi-public is valid and licit, any contrary privilege being revoked; nor can the superior prohibit this or inquire about that matter, not even indirectly; and the religious women are bound to report nothing to the superior."

Concerning this canon we observe these few things.

1. The respect of the present concession is somewhat different from the respect on account of which the other options of cc. 520, 521, 523 were given. Here the legislator wished to provide for a more accidental anxiety; and the offered facility coheres sufficiently with the diffused use of daily Communion in all religious communities. Wherefore:

2. this approach is an accidental fact of some religious woman. The canon says: "If some religious woman." Therefore the Superiorissa could not ask any confessor approved for women to supply for her community an absent or impeded ordinary or extraordinary confessor. Confessions thus made would be invalid, since c. 876 requires special jurisdiction;

3. the religious woman has no right of demanding that the superior call such a confessor, unless she herself is gravely sick. In this point it again appears how this confessor differs from the supplementary one approved for religious women. For he, when a religious woman asks, must be called;

4. a priest whom the religious woman has approached without sufficient reason must warn her to conform herself to common discipline.

5. It has been doubted whether the circumstance of place was required for validity, or only for liceity. The Pontifical Commission for interpreting the Code, having been asked about the matter in these words: "Whether the words of canon 522, 'the confession made in any church or oratory even semi-public is valid and licit,' are to be so understood that confession made outside those places is not only illicit but also invalid," on November 24, 1920, responded thus: "Canon 522 is to be understood in such a way that the confessions which religious women make for the tranquility of their conscience before a confessor approved by the local Ordinary for women are licit and valid, provided they are made in a church or oratory even semi-public, or in a place legitimately destined for hearing the confessions of women."

Nevertheless not every controversy has been removed by this response. This will have to be observed if perhaps some new authentic declaration pronounces about the doubts more strictly or more benignly. Meanwhile:

a) there are not lacking those who, even after the response of November 24, 1920, think that the condition of place is not required for validity. For, so they say, while by the simple word "Affirmatively" or "Negatively," every doubt would have been removed, the Pontifical Commission seems to have declined a direct response, by asserting positively: that "the confessions are licit and valid, provided," etc. From this form of responding this one thing is strictly established: confessions made otherwise are at least illicit.

This benign opinion in the year 1922 was publicly defended at the University of Louvain, among theses proposed for attaining the grade of mastery; and in Rome it was said to be solidly probable by R. P. Goyeneche, who brings seven authorities for it (cf. Commentarium pro religiosis, 1921, pp. 22 and 337).

Nevertheless it is sufficiently established for us that this was the mind of the Commission: that confessions outside the indicated places are to be held neither licit nor valid. Wherefore it employed the word dummodo, which, from c. 39, expresses an essential condition. Besides, in c. 876, by which peculiar jurisdiction is required for receiving the confessions of religious women validly and licitly, it is not doubted that the condition of special jurisdiction is required for validity. Why should we understand otherwise the force of that formula in canon 522 and in the response of the Commission? Ambiguity is excluded by usage itself;

b) the place legitimately destined for hearing the confessions of women is understood by not a few to mean only a place where secular women also can be heard, and therefore to exclude a confessional which is reserved for religious women. Thus Ferreres (Inst. canonicae, 1920, I, n. 832); Fanfani, O. Pr. (De iure religiosorum, 1920, n. 110, and in the Italian work of the same argument); and, in Bollettino diocesano di Padova, 1922, p. 5 sqq., R. D. Cerato, who still thinks that by the word "approaches" there are equivalently restored the words "outside her own house," which, placed in the decree Cum de sacramentalibus, February 3, 1914, were deliberately omitted in canon 522. For they observe that secular women are designated when there is question of a priest approved for women; therefore secular women also must be understood when there is question of a place legitimately destined for hearing the confessions of women. Besides, unless the faculty of c. 522 is so limited, the necessity of special jurisdiction solemnly affirmed by canon 876 practically vanishes.

But the first argument rather favors the opposite opinion. For what c. 522 permits to one simply approved for hearing secular women, by a stronger reason it permits to a priest who is also approved for nuns. Therefore, if the word women is to be taken with the same extension in both cases, what is said of a place where seculars can be heard will be said by an equal or stronger reason of a place where religious women and nuns are accustomed to confess.

Besides, why were the words "outside the house" omitted in the canon? This explanation offers itself spontaneously: so that religious women who never leave the house may also be able to use the benefit of c. 522. But cloistered religious women will not be able to do this (unless, as happens for example in Sicily, their confessor has his seat in the church itself) if you exclude by the faculty a place destined for hearing them. Moreover what of itself appears most probable has been confirmed to us by trustworthy testimony, that is, that this was the mind of those who prepared the Code: that even cloistered women might enjoy the benefit of an "occasional" confessor.

Besides, from the declaration of the Supreme Congregation of the Holy Office, November 25, 1874, ad 3 (Collect. de P.F., n. 1424), confessionals furnished for cloistered nuns are judged also approved for outside women. They are therefore numbered among places legitimately destined for hearing the confessions of women, even if only secular women are understood.

Nor for this reason does c. 874 perish. For, as Noldin says (De Sacramentis, n. 350), there is question only of a confession which is sometimes undertaken for obtaining tranquility of conscience.

Wherefore with others, for example with Noldin, l.c.; Genicot-Salsmans (II, p. 303, ed. 9); Aertnys-Damen, of the Congregation of the Most Holy Redeemer (Theologia mor., n. [OCR/print uncertain: number not visible after "Theologia mor."]), we think this broader interpretation is to be held.

Nevertheless the Vicariate of the City prefers and practically follows the stricter opinion, which excludes cloistered nuns, in their monastery, from the use of c. 522.

Finally, R. P. Maroto (Comment. pro religiosis, 1921, p. 36 sqq.) observes this: "if, according to the norm of c. 910, in a case of true necessity... a confessor approved for women receives the confession of some religious woman outside the confessional seat in a place where he would receive in a like case the confessions of secular women, that place is likewise to be judged legitimately destined, since it is chosen by the confessor himself and by the religious penitent, according to the norm of the law, that is, c. 910."

In the present cause, it must not be passed over how much greater facility of confession is necessary so that, without too much danger of sacrileges, the so laudable use of daily Communion in communities can prudently be urged.

— VI. On Sick Sisters. A nun or sister gravely sick, although danger of death is absent, can call any priest approved for hearing the confessions of women and, while the infirmity endures, confess to him as often as she wishes, "nor can the superior prohibit them either directly or indirectly" (c. 523).

A grave illness is one which greatly afflicts, or can easily become dangerous; an indication of a grave illness can be if it compels one to lie in bed for one or another week. Although an illness also can be grave in which one is prevented from lying down.

— VII. All Cardinals, from their promotion in consistory, enjoy the faculty of hearing confessions everywhere in the world even of religious of either sex and of absolving from all sins and censures even reserved, except censures reserved to the Apostolic See in a most special manner and those which are annexed to the revelation of the secret of the Holy Office (c. 239).

— I. In clerical religions, to individual religious, if you except novices, free option must be given among several confessors designated by the competent Superior. Rules or Constitutions can command or recommend that religious confess to those confessors; nevertheless all, even exempt and novices, can always validly approach any confessor approved by the local Ordinary. Confessors approved by the local Ordinary have by the law itself power over cases reserved in the religion; but those constituted by the Superior of an exempt religion must habitually be endowed with the same power.

For novices a single ordinary confessor can be designated, dwelling in the novitiate house itself, who cannot be the master of novices or his associate, or the Superior of the house. But others are to be designated whom the novices may freely approach in particular cases; and four times in the year an extraordinary is to be designated, to whom all must approach, at least to receive his blessing.

Superiors can induce subjects neither by themselves nor through another to confess before them; nevertheless they can absolve those who ask this voluntarily; but without grave cause let them not do this habitually.

II. In lay religions of men, jurisdiction proceeds from the Ordinary of the place of the convent. Nevertheless the Superior of an exempt religion proposes the confessor to the local Ordinary. One or several confessors are to be deputed, besides an extraordinary, whom nevertheless only novices must approach. A habitual special confessor is easily to be conceded; and confession to anyone approved by the local Ordinary is always valid.

III. In religions of women:

1. A single ordinary confessor is to be designated for individual houses of religious women, unless the number of persons or another just cause advises plurality. He, to be chosen from either clergy, is forty years old (unless a just cause, in the judgment of the Ordinary, demands otherwise), free from every power of the external forum over the same religious women, and constituted for three years. On account of scarcity of confessors or on account of the vote of the community, then to be given by all Sisters, he can be confirmed by the Ordinary for another or a third three-year period. If the vote was not unanimous, for those dissenting, if they wish, provision is to be made otherwise. After the time has elapsed, the ordinary confessor cannot immediately be appointed extraordinary, or again, except after a year, be deputed ordinary in the same community. In a house subject to a regular Superior, he presents ordinary and extraordinary confessors to the local Ordinary, who alone gives jurisdiction, and also, on account of grave causes, can remove confessors, after warning the regular Superior if the nuns are subject to regulars.

2. Besides, an extraordinary is to be given, furnished with the same age and qualities as the ordinary, who at least four times in the year or more frequently, according to the direction of the Ordinary, approaches, and to whom then all religious women must present themselves, at least to receive his blessing.

3. To a Sister asking, a special confessor is easily to be given by the Ordinary, to whom she may habitually confess. Abuses in this matter are to be prudently eliminated by the Ordinary in such a way that liberty of conscience remains safe.

4. Besides, supplementary confessors are to be designated, who can be called in particular cases. Whenever, however, a religious woman asks for an extraordinary or supplementary confessor, no superior is permitted to resist that petition in any way.

5. Finally, from c. 522, a religious woman for the tranquility of her conscience is permitted to approach, in any church, in any oratory at least semi-public or in a place legitimately deputed for confessions of women, any confessor approved in the place for the confessions of women.

6. A gravely sick religious woman can, while the infirmity lasts, as often as she wishes, call any confessor approved for women and confess to him.

7. In danger of death, religious women can be absolved by any confessor, just like the rest of the faithful.

The faculty of Cardinals has already been recalled above.

589. Principle II. On the confession of religious women, canon 876 is in force:

"§ 1. Any particular law or privilege being revoked, priests, both secular and religious, of whatever grade or office, for validly and licitly receiving 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 (but not of postulants), need a particular jurisdiction, with the prescription of can. 239, § 1, n. 1 (concerning the privileges of Cardinals), 522, and 523 preserved.

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

But in order that this principle be suitably applied in 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 receives the sacramental confessions of the whole community, unless because of their great number or another just cause there is need of another or of several"; in which case it is expedient to divide the sisters into several categories according to order of profession, office, or language, so that there be one ordinary confessor for each category.

"§ 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 grant him easily; yet let him watch lest abuses creep in from this concession; and if they have crept in, let him cautiously and prudently eliminate them, with liberty of conscience preserved."

An abuse, for example, would certainly be present if almost 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 an extraordinary confessor be given, who at least four times in the year approaches the religious house and to whom all the religious women must present themselves, at least to receive a blessing.

"§ 2. The 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 these women can easily have recourse for the sacrament of Penance in particular cases, without it being necessary to approach the Ordinary himself as often as this occurs.

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

Therefore she cannot either directly inquire by herself, for example, by asking the reason from the religious woman herself; nor through others, for example, through the mistress of novices or through other sisters; or indirectly, by asking others where she has been or what she has said.

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

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

Therefore some religious woman, not the community, for the quiet of her conscience, can approach anywhere any confessor approved by the Ordinary of the place for women, even if the confessor occasionally or when called comes to the religious house itself (Commission of Interpretation, Dec. 28, 1927), - yet without any right belonging to the religious woman of asking for him or of demanding him, - and confess to him in any church or even semi-public oratory; therefore also in the church of her own convent, or in an oratory legitimately erected for the convenience of the community or group of faithful gathering there, but not in an oratory of only some family or a merely private one.

Moreover, a religious woman in a grave illness, namely one which greatly afflicts or easily becomes dangerous, can ask for any such confessor approved for women as often as she wishes, and therefore even several times in a week.

590. Corollaries. - From the foregoing it follows:

A. All religious women, whether novices or professed, at home or outside, validly make confession:

1. to the ordinary confessor of the community;

2. to the special confessor or spiritual moderator whom, when she asks for him for the quiet of her soul and for greater progress in God, the Ordinary will easily grant;

3. if they are gravely ill, although danger of death is absent, to any priest approved for women, during the grave infirmity;

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

5. finally to an occasional confessor approved by the Ordinary of the place for women, "provided it be done in a church or even semi-public oratory, or, as has recently been granted, in a place legitimately designated for hearing the confessions of women" (Commission of Interpretation, Nov. 24, 1920); which is to be understood not only of a place habitually designated, but also of a place designated by way of act, or chosen according to the norm of can. 910, § 1 (Commission of Interpretation, Feb. 12, 1935), namely on account of illness or another true necessity and with those precautions employed which the Ordinary of the place will have judged opportune. The place is required for validity, as is clear from the text itself and was authentically declared, Dec. 28, 1927.

B. In order that they licitly use the faculty indicated under nn. 4 and 5, Fr. Vermeersch had observed, Summa Iuris novi, n. 189, "in particular cases... a reasonable motive is required and suffices; nor could they, without the consent of the Ordinary, constitute one of these confessors as their stable confessor. Yet we do not deny that a particular case can recur more frequently among persons of anxious conscience. For all, a reasonable cause will be, for example, confession impeded on the customary day, greater devotion on the vigil of a feast, even a light fault admitted more deliberately, doubt on account of an importunate temptation, anxiety which she does not willingly open to the ordinary confessor, etc.

"Nevertheless, can. 522..., the faculty... of confessing to any confessor approved for women... with these words added: 'for the tranquility of her conscience,' is more cautiously expressed"; indeed, we add, according to the obvious sense this would rather seem to be required for validity (can. 39). Therefore mere natural preference does not suffice, nor a light reason, nor natural solace from speaking with such a confessor, or a mere impulse of a changeable soul (un caprice), but a serious reason, as was said in n. 588, A; - otherwise the restriction would be placed uselessly in the canon: for the tranquility of conscience.

C. Let it be noted that the aforesaid faculty has been given to each religious woman in particular (if some religious woman, says the canon), and consequently jurisdiction is not granted except for a particular case. Therefore a superioress could not ask any confessor whatever to supply, for her community, for the absent or impeded ordinary or extraordinary confessor; nor could an occasional confessor hear the whole community. For the confessions would be invalid because of the defect of special jurisdiction which is altogether required by can. 876; but if it were otherwise, the prescription of this canon would be rendered void. Therefore in the case either the extraordinary confessor, or one from the supplementary confessors, would have to be called.

591. Observations. - 1. If confessors specially called or occasionally sought should find that no reasonable cause of necessity or special utility legitimizes the religious women approaching them, and not the ordinary confessor, let them prudently dismiss them.

2. Concerning the qualities of the ordinary and extraordinary confessor of religious women, can. 524 speaks.

3. Concerning their approval and removal, see can. 525-527.

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.

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.

"Nevertheless by canon 522... the faculty... of confessing before any confessor approved for women... is expressed more cautiously by the added words: for the tranquility of her conscience," and indeed, we add, in the obvious sense, for validity (can. 39). Therefore natural preference alone, or a light reason, does not suffice, nor only the natural consolation of speaking with such a confessor, or a mere impulse of a changeable soul (un caprice), but a serious reason; for otherwise the restriction would be placed uselessly in the canon: for the tranquility of conscience.

It should be noted besides that the aforesaid faculty has been given to some religious woman in particular (if some religious woman, says the canon), and consequently jurisdiction is not conceded except for a particular case. Therefore a superior could not ask any confessor whatever to supply for her community for an absent or impeded ordinary or extraordinary confessor; nor could an occasional confessor hear the whole community. For the confessions would be invalid because of defect of special jurisdiction which is altogether demanded by can. 876; but if it were otherwise, the prescription of this canon would be undone. Therefore in the case either the extraordinary confessor, or one of the supplementary confessors, would have to be called.

V. Observations. - 1. If confessors specially called or occasionally sought should find that no reasonable cause of necessity or special utility legitimates the fact that religious women approach them and not the ordinary confessor, let them prudently dismiss them.

2. Concerning the qualities of a confessor of religious women, ordinary or extraordinary, canon 524 speaks.

3. Concerning their approval and removal, see can. 525-527.