Page:Catholic Encyclopedia, volume 13.djvu/178

ROMAN St. John Lateran, St. Peter, and St. Mary Major. At St. John Lateran the office is filled by the Friars Minor. At St. Peter's it was formerly filled by Jesuits, but, at the suppression of the Society by Clement XIV, their place was taken by Minor Conventuals, who still retain it; these are thirteen in number, but there are also at St. Peter's fourteen other "adjunct" penitentiaries -Carmelites, Friars Minor, Augustinians, Servites. At St. Mary Major the penitentiaries are Dominicans. At Loreto the Jesuits served as penitentiaries until their suppression, when they were succeeded by the Minor Conventuals, who still hold the office. The minor penitentiaries may not be removed by their superiors, either from Rome or from Loreto, without the permission of the Holy See. They are authorized to hear the confessions of all the faithful, not excepting religious, who may come to the minor penitentiaries without the permission of their religious superiors. The faculties of these penitentiaries are very ample; and care is taken, as a rule, that there may be priests of different languages among them, to hear the confessions of pilgrims or other foreigners who do not speak Italian.

The cardinal penitentiary assists the pope at the hour of death, reciting the customary prayers for the dying, etc. It is he, also, who at the beginning of a jubilee, offers to the pope the golden hammer, to give the first three knocks at the Holy Door (Porta Santa) of St. Peter's, which door is opened only during the Holy Year, or year of the jubilee. After the pope, the cardinal penitentiary himself knocks twice with the hammer. It is also the office of the cardinal penitentiary, at the end of the jubilee year, when the Holy Door is to be closed, to present to the pope the trowel and the mortar, to begin the walling up of the door. In Holy Week, the cardinal penitentiary, surrounded by those officers who constitute the signatura, or congress of the Penitentiaria, sits four times-Palm Sunday, Wednesday, Good Friday, and Holy Saturday in the penitential cathedra, or chair, set in each of the three above-mentioned Roman basilicas, and awaits for some time those who may wish to confess to him, striking lightly upon the head with his traditional rod (also used by the minor penitentiaries) those who may kneel before him with that intention, beginning with the officers of the Sacred Penitentiaria. On the part of the faithful this ceremony is public confession of having sinned against God, and a request for forgiveness by ecclesiastical authority of sins committed.

The Sacred Penitentiaria was always provided with great powers, formerly of internal jurisdiction only, but as time went on, of external jurisdiction also. Under the latter head its work so increased that the administration of this tribunal was greatly hampered. Several popes disapproved of this, especially Pius IV, who planned a reform both of its constitution and of its field of action, or competency. Death prevented him from carrying this into effect: it was realized by St. Pius V, who, in 1569, by his Constitution "In omnibus", reformed the organization of the Penitentiaria, while he modified its competency by his other Constitution "Ut bonus paterfamilias", both dated 18 May of that year. The competency of the Penitentiaria was confined to matters of internal jurisdiction. Little by little, the successors of Pius V increased the faculties of this tribunal; and, as many of these new concessions were made by word of mouth (vivæ vocis oraculo), there arose new doubts to be solved; wherefore, to remove uncertainties Innocent XII, in 1682, formulated a new list of faculties for the Penitentiaria; but, the sovereign pontiff having delayed the solution of some doubts, and difficulties having arisen in regard to the interpretation of his Constitution, the desired end was not attained while, on the other hand, new faculties were granted to the Sacred Penitentiaria by succeeding popes. Consequently, Benedict XIV was constrained to define better the faculties of this tribunal, which that learned pontiff did by his famous Constitution, "Pastor bonus", of April, 1744, wherein he enumerated the faculties of the Sacred Penitentiaria more or less as they had been granted by Pius V, although broader in some respects. It is more remarkable that he granted some powers of external jurisdiction; hence until now the Penitentiaria has had, as an exceptional faculty, the power of dispensing destitute or needy persons from public matrimonial impediments.

The Constitution "Sapienti consilio" of Pius X has confined the competency of the Penitentiaria to its former scope, limiting it to internal jurisdiction. The power to dispense from matrimonial impediments in relation to external jurisdiction, for all classes of people, having been granted to the Congregation of the Sacraments, the tribunal of the Penitentiaria received jurisdiction in all internal matters, in relation to which it is empowered to grant graces of all kinds― absolutions, dispensations, commutations, ratifications in matter of impediments, condonations. This tribunal also deals with questions of conscience submitted to the judgment of the Holy See. It should be observed here that the chief penitentiary's powers of internal jurisdiction, even before the recent Constitution, held during the vacancy of the Holy See, while his power of external jurisdiction, with a few exceptions, was suspended.

As to the procedure of the Penitentiaria, it follows the rules set down in the Constitution "In apostolica" of Benedict XIV, in all that is not at variance with the new Constitution of Pius X. It transacts its business under the greatest secrecy, and gratuitously (omnino secreto et gratis). It is chiefly a tribunal of mercy, as Benedict XIV asserts in his Constitution "Pastor bonus"; wherefore it is appropriate that its seal should bear, as is the case, an image of the Virgin Mother with the Child in her arms. Recourse is had to the Penitentiaria by means of a letter (written by the party interested or by that party's confessor) exposing the case, without, however, naming the person concerned. The letter is addressed to the cardinal penitentiary, and may be written in any language. The name and address of the person to whom the answer is to be sent must be clearly given. The following may serve as an example of applications to be made to the Penitentiaria: "Your Eminence: Tizio and Caia [which must be fictitious names] wishing to be united in the bonds of holy matrimony ask Your Eminence for dispensation from the following impediments: (1) an impediment of the first degree in the direct line, that now is, and most probably will remain, concealed, originating in illicit relations between Tizio and the mother of Caia, after the latter's birth; (2) an impediment of crime, which is also concealed, originating in adultery between the petitioners while the first wife of Tizio still lived, with a mutual promise of marriage in case of the first wife's death. The reasons for this petition are [here the facts are given]. The answer may be addressed as follows. . . ." Fictitious names may be given, with the request that the answer be sent to the General Delivery, or, if preferred, to the confessor of the interested party. The letter containing the petition should be addressed: "To His Eminence the Cardinal Chief Penitentiary, Palace of the Holy Office, Rome". We give this example of petitions to the Sacred Penitentiary as the faithful are in frequent need of recourse to that tribunal. The grace that is sought and the reasons why it should be granted vary, of course, in different cases.

GOMEZ, ''Tract. de potestate pænitentiariæ'' (Venice, 1557); LEONI, Praxis ad litteras et bullas majoris Pænitentiarii et officii S. Penitentiariæ in quatuor partes distributa, in quibus declarantur singularum formularum clausule el traditur modus præfalas litteras exequendi (Rome, 1644); CORRADUB, Praxis dispensationum apostolicarum ex solidissimo Romana curiæ stylo inconcusse servato