Canonical faculties
Encyclopedia
Canonical faculties, in the canon law
Canon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...

 of the Roman Catholic Church
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...

, are ecclesiastical rights conferred on a subordinate, by a superior who enjoys jurisdiction in the external forum. These rights then allow the subordinate to act, in the external or internal forum, validly or lawfully, or at least safely.

Classification

They may be classified by the object to which they relate:
  • jurisdiction is granted to absolve from sins and ecclesiastical censures, to dispense in vows, in irregularities relating to the reception of orders, in matrimonial impediments;
  • permission or licence is given to do something which would be otherwise forbidden, as the reading of prohibited books, saying two Masses on the same day; ordaining clerics under the prescribed age;
  • to avoid worry and qualms of conscience a precautionary dispensation or permission is granted to proceed in certain cases in relation to which the opinions of theologians may not appear sufficiently well founded, as for instance, a matrimonial dispensation may be conceded as a precaution, when it is not certain that an impediment exists, or permission to anticipate at 2 p.m. the recitation of the Divine Office is granted to a person who is unwilling to accept the opinion that anticipation at that hour is lawful.


Secondly, faculties, by reason of their source, are Apostolic, episcopal, or regular. Faculties are styled Apostolic or papal when they proceed from the pope directly, or through the ordinary channels of the Sacred Roman Congregations. They are episcopal, if the power or privilege conferred proceeds from a diocesan bishop
Diocesan bishop
A diocesan bishop — in general — is a bishop in charge of a diocese. These are to be distinguished from suffragan bishops, assistant bishops, coadjutor bishops, auxiliary bishops, metropolitans, and primates....

, by virtue of his own power or ordinary jurisdiction, as for instance, the faculties of the diocese, to hear confessions, say Mass, preach, etc., granted to priests who labour in the diocese for the salvation of souls. Faculties are regular when they proceed from superiors of the regular clergy
Regular clergy
Regular clergy, or just regulars, is applied in the Roman Catholic Church to clerics who follow a "rule" in their life. Strictly, it means those members of religious orders who have made solemn profession. It contrasts with secular clergy.-Terminology and history:The observance of the Rule of St...

 by reason of their ordinary jurisdiction, or by virtue of extraordinary powers or privileges conceded to them by the Holy See.

Lastly, faculties are general or particular: general, when granted for indeterminate persons, though they may be limited by time; particular, when granted to designated persons or for particular cases. General faculties conceded to bishops and other ordinaries are also called indult
Indult
An indult in Catholic canon law is a permission, or privilege, granted by the competent church authority – the Holy See or the diocesan bishop, as the case may be – for an exception from a particular norm of church law in an individual case, for example, members of the consecrated life seeking to...

s. These indults are given for a definite period, e. g. five years (facultates quinquennales), or for a definite number of cases.

History

The distance of dioceses from Rome, together with peculiar local conditions, rendered the granting of these general faculties a matter of necessity, and in 1637 certain new grants or lists of faculties were drawn up by the Sacred Congregation of the Holy Office. Since then they have been communicated by the Holy See, through the Congregation of the Propagation of the Faith, to bishops, vicars and prefects Apostolic throughout the world, according to their various needs.

External links

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