Religion of Women

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. 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.

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.

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.

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.

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.