A Topic of Moral Theology

The Power of Jurisdiction and of Making Laws

Jurisdiction in general, supplied jurisdiction, the legislative power of the Church (the Roman Curia) and of the State.

Within this topic

Also asked about as…

church authority to make laws · legislative power · roman curia · supplied jurisdiction · who can make laws (ed.)

In the index as Jurisdiction · Penance · Legislative power · Law · Delegation · Article of Death · Bishop · Doubt · Error · Grace · Ordinary · Regular prelate · Superiors · Supplying of jurisdiction · Confession · Confessor · Congregations · Council · Judge · Justice · Legislative · Privilege · Probabilism · Process

In the manuals

A Manual of Moral Theology for English-Speaking Countries

Vol. II, Bk. VI, Chapter VIII. Jurisdiction of the Minister of Penance, n. 1 — Priests are judges in the tribunal of Penance, and judges must have jurisdiction if their sentence is to take effect. As the Council of Trent teaches: ‘‘Wherefore, since the nature and order of a judgement require this, … Read in context →

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. I, Article III. On the Power of Making Laws, n. ¶1 — The power of making laws belongs to the power of jurisdiction, as it is called. Hence, for the sake of completeness and clarity, we shall speak first of the power of jurisdiction in general, then of the power of jurisdic… Read in context →

Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. I, Art. III, Section I. On the Power of Jurisdiction in General, nn. 96, 97, 98, 99, 100 & 101 (6 passages — hover a number to read it)

Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. I, Art. III, Sect. I, Scholion. On Supplied Jurisdiction, nn. 102, 103 & 104 (3 passages — hover a number to read it)

Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. I, Art. III, Section II. On Jurisdiction Insofar as It Imports Legislative Power, n. 105 — I. Legislative power exists among human beings. For, as was proved above, positive laws are necessary in human society (n. 88). But law cannot proceed except from one who has power over others. II. Legislative power belo… Read in context →

Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. I, Art. III, Sect. II, Point I. On the Legislative Power of the Church, nn. 106, 107 & 108 (3 passages — hover a number to read it)

Vol. I, Bk. I, Tr. II, Diss. II, Pt. I, Sect. III, Ch. I, Art. III, Sect. II, Point II. On the Legislative Power of the Civil State, nn. 113, 114, 115 & 116 (4 passages — hover a number to read it)

Moral Theology: A Complete Course (McHugh & Callan)

Vol. II, Pt. II, Q. II, Art. 4. The Vices Opposed …, In Judges, n. 1942 — Jurisdiction. Jurisdiction.—Authority is necessary in a judge, for judgment is a binding decision that may be executed by force, and this supposes that he who pronounces the judgment is the superior of the person on whom the judgment … Read in context →

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. I, On Conscience, III. On Probable Conscience, n. 117 — You will resolve: It is not licit to follow a probable opinion, but we must altogether choose the safer one in all those things which are necessary with the necessity of means for salvation, where the fact itself, or the… Read in context →

Vol. I, On Laws, I. On the Nature of Law, n. 178 — Do the Declarations, Decisions, and Decrees of the Sacred Congregations have the force of law? - There is no doubt that they oblige in the particular cases for which they are made. C. Sixtus V Immensa. There is no doubt … Read in context →

Vol. I, On Laws, VIII. On Privileges, nn. 254 & 255 (2 passages — hover a number to read it)

Vol. II, On the Seventh and Tenth P…, I. On Justice Considered Generally, n. 833 — What is justice? - Justice is so called from iustari, or from two things being made equal to each other. Justice taken broadly imports all virtues; hence a man is customarily called simply just if he preserves every hone… Read in context →

Vol. III, On the Particular Obligati…, I. On Judges, n. 7 — Note: Cases to be treated are some ecclesiastical, concerning sacred things or things annexed to them; others civil, concerning profane things; others are mixed. The former are directly of the ecclesiastical forum, the l… Read in context →

Vol. III, On Penance, IX. On the Jurisdiction of the Confessor, nn. 765, 766, 767, 768, 769, 770, 771, 772, 773, 774 & 779 (11 passages — hover a number to read it)

Vol. III, On Penance, X. On Regulars and Nuns, n. 782 — 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 … Read in context →

Vol. III, On Penance, XII. On the Various Duties of the Minister, n. 837 — Who are bound to the seal? - Primarily every confessor is bound to the seal, whether true, or fictitious and by error considered legitimate, and consequently even a layman who would pretend to be a priest and would recei… Read in context →

Vol. IV, On the Constitution *Apostolicae Sedis*, n. 1169 — VI. Those directly or indirectly impeding the exercise of ecclesiastical jurisdiction, whether of the internal or external forum, and those having recourse for this to the secular forum, and procuring, issuing, or furnis… Read in context →

Summa Summae S. Thomae (Billuart)

Billuart, Summa Summae, Tomus II. On the Prima Sec…, On Laws, On Law in General, Who can make laws?, nn. 1–18 (18 passages)

Cases of Conscience for English-Speaking Countries, Volume I

Slater, Cases I, Laws, Case 8. The Roman Congregations, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8 & ¶9 (9 passages — hover a number to read it)

The Casuist: A Collection of Cases in Moral and Pastoral Theology

Vol. IV, Case LXI: Supplied Jurisdiction, nn. ¶1, ¶2, ¶3, ¶4, ¶5 & ¶6 (6 passages — hover a number to read it)

Institutiones Morales Alphonsianae

Vol. II, Appendix II: Explanation Of The Sense Of Some Words Which Often Occur In The Responses Of The Holy Roman Congregations, nn. ¶1–¶14 (14 passages)

Summa of Moral Theology (Summa Theologiae Moralis)

Vol. III, Book Fifth. On Penance., Ch. III, Q. I, Article III. On the Jurisdiction Which the Church Supplies., nn. 344, 345 & 346 (3 passages — hover a number to read it)

Theologia Moralis: Principles — Responses — Counsels

Vol. I, Tr. III, Ch. II, Appendix II: On the Roman Curia, nn. 315–333, ¶1 & 334 (21 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Vol. I, TREATISE ON LAWS, PART SECOND: ON THE PRINCI…, Ch. II, ARTICLE I: ON ECCLESIASTICAL LAW, n. ¶174 — 174. - Quaer. 8° What is the sense of certain clauses which often occur in the responses of the Sacred Congregations? Resp. Especially the following are accustomed to occur. a) Dilata, that is, the response is deferred, … Read in context →

Summa Theologiae Moralis

Vol. I, General Moral Theology, Treatise: On Laws in General, Sect. C, Sixth Part: On Ecclesiasti…, First Question: On Ecclesi…, Article I: On the Author of Ecclesiastical Law, n. 324 (12 passages — hover a number to read it)

Vol. III, Special Moral Theology: On…, Treatise: On Penance, Fourth Part: On the Minist…, Question Second: On the Gr…, Article II: On Supplied Jurisdiction, nn. ¶1, 584, 585 & 586 (20 passages — hover a number to read it)

Pastoral Questions

Ch. II, Question II: Concerning the Jurisdiction Which the Church Supplies, nn. ¶3301–¶3318 (18 passages)

Compendium of Moral Theology

Vol. I, Tr. III, Pt. II, Ch. III, Article I. On the Sacred Congregations, n. ¶1 — Over each Congregation there presides a Cardinal Prefect, or, if the Roman Pontiff himself presides over them, a Cardinal Secretary directs them; to these are joined the Cardinals whom the Pontiff shall have judged shoul… Read in context →

Vol. I, Tr. III, Pt. II, Ch. III, Article II. On the Tribunals of the Roman Curia, n. ¶1 — § 1. Over the Sacred Penitentiary is placed the Cardinal Major Penitentiary. The jurisdiction of this tribunal is restricted to those things which regard the internal forum, even the non-sacramental forum; wherefore this… Read in context →

Vol. I, Tr. III, Pt. II, Ch. III, Article III. On the Offices of the Roman Curia, n. ¶1 — § 1. To the Apostolic Chancery, over which presides the Cardinal Chancellor of the Holy Roman Church, this proper duty belongs: to expedite apostolic letters or bulls for the provision of consistorial benefices and offic… Read in context →

Vol. II, Tr. XV, Pt. III, Ch. I, Article I. On the Power of Jurisdiction in General, n. 770, Q. 12 — Question 12. Whether the Church supplies jurisdiction in common error or in positive and probable doubt? Resp. In common error or in positive and probable doubt, whether of law or of fact, the Church supplies jurisdictio… Read in context →

Vol. II, Tr. XV, Pt. III, Ch. I, Article II. On the Jurisdiction of Confessors, nn. 773, 773, Q. 2, 773, Q. 3, 773, Q. 4, 773, Q. 5, 773, Q. 6, 773, Q. 7, 773, Q. 8, 773, Q. 9, 773, Q. 10, 773, Q. 11, 773, Q. 12, 773, Q. 13 & 773, Q. 14 (14 passages — hover a number to read it)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Vol. I, Treatise On Laws, Part Two. On the Principal…, Ch. II, Article I. On Ecclesiastical Law, nn. 125, 126, 127, 128, 129 & 130 (44 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Diss. I, Chapter I — Propositions condemned by the Holy See, nn. LII, LIII & LIV (3 passages — hover a number to read it)

Diss. III, Chapter II — On the jurisdiction of the minister of the sacrament of Penance, nn. XXI & XXII (2 passages — hover a number to read it)

Synopsis of Moral and Pastoral Theology

Vol. I, Matrimony, and Holy Orders, On Penance (Volume I), Moral Part — Chapter II: On the Confessor, nn. 398, 401, 402, 403, 404 & 405 (6 passages — hover a number to read it)

Treated under the broader heading Law — Bucceroni, Moral Enchiridion · Bucceroni, Moral Enchiridion (4th ed., 1905) · Bucceroni, Cases of Conscience · Koch–Preuss · Prümmer, Manuale Theologiae Moralis · Coppens, Moral Philosophy · 1917 Code of Canon Law · Decretum of Gratian — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)