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 FACULTIES

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FACULTIES

Faculties, Canonical (Lat. Facultates). — In law, a faculty is the authority, priwlege, or permission, to perform an act or function. In a broad sense, a fac- ulty is a certain power, whether based on one's own right, or received as a favour from another, of validly or lawfully doing some action. In a more restricted sense, it means the conferring on a subordinate, by a superior who enjoys jurisdiction in the external forum, of certain ecclesiastical rights which are denied him by common law; to act, namely, in the external or in- ternal forum validly or lawfully, or at least safely. Faculties, then, will be classified, first of all, by reason of the object to which they relate, inasmuch as (1) jurisdiction is granted to absolve from sins and eccle- siastical censures, to dispense in vows, in irregularities relating to the reception of orders, in matrimonial im- pediments; (2) 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; (3) to avoid worry and qualms of conscience a pre- cautionary 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 dispen- sation may be conceded as a precaution, when it is not certain that an impediment exists, or permis- sion to anticipate at 2 p. m. the recitation of the Di- vine OfJiee is granted to a person who is unwilUng 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 tlu-ough the ordinary channels of the Sacred" Roman Congregations. They are episcopal, if the power or privilege conferred proceeds from a diocesan bishop, by virtue of his own power or ordi- nary 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 by reason of their ordinary jurisdiction, or by vu-tue of extraor- dinarv 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 ordi- naries are also called indults.

The distance of dioceses from Rome, together with peculiar local conditions, render 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, and since then have been communicated by the Holy See, through the Congregation of the Propa- gation of the Faith, to bishops, vicars and prefects Apostolic throughout the world, according to their various needs. These indults are given for a defi- nite period, e. g. five years (facultates quinquennalcs), or for a definite number of cases, and are ordi- nary and extraordinary; the former being^ issued in forms or grants under Roman numerals (Formula I, II, III .... X), some of the latter under capital letters (Formula A, B, C, etc.), others under small let- ters (Formula a, b, c,), while others, finally, without special designation, begin: " In an audience with His Holiness". Formula; V, VII, VIII, IX are no longer in use. It has been the practice to communicate to the United States grants I, C, D, and E. Of late, how- ever, C, D, and E, with certain modificat ions, are com- bined in form T. Favours and privileges are granted likewise by the congregations in keeping with the Constitution "Sapicnti Consilio" (190S), and are clas- sified consequently in accordance with the Congrega-

tion from which they proceed. The authority of the Propaganda is not so ample in this matter as formerly, and this too in relation to countries still subject to it. Questions pertaining to the Pauline Privilege fall iu every case under the sole competency of the Holy Office, while in matrimonial dispensations, for the portions of the Western Church under its jurisdic- tion, the Propaganda is obliged to confer with the Con- gregation of the Sacraments (Cong, of the Consistory, 7 Jan., 1909). Especially through the Sacred Pceniten- tiaria does the pope communicate faculties for the in- ternal forum to bishops and others, including certain confessors, in definite forms or leaflets (pagella:).

Graces thus received from the Holy See do not re- strict the prerogatives which the one favoured may already enjoy by virtue of ordinary jurisdiction or other title {gratia non nocet gratia:). The purpose of the Holy See is to make a concession, not to lessen one's authority. Hence, for example, a bishop is au- thorized by the Council of Trent to dispense his sub- jects from the observance of the intervals prescribed in the reception of orders; consequently he is not obliged to observe the condition laid down in Form I, art. xxix, which forbids liim to use this faculty in favour of a cleric actually outside the bishop's territory. While the recent legislation of the Church has sought to prevent conflict of authority between the various Roman Congregations, tribunals and offices, yet it will happen at times that two or more of these bodies will have jurisdiction in the same case.

A petition which has been rejected by one of the congregations may not be presented lawf ufly to an- other; a favour granted by another congregation, the previous refusal of the grant being concealed, is null and void. A petition in writing is not re- quired for validity, but is usually exacted; the same may be said of application by telegraph or telephone. The form of the supplication is not prescribed except in so far as requisite data must be expressed. Peti- tions addressed to the Propaganda (the same is true of most of the congregations, at least to expedite mat- ters), should be in Latin, Italian, or French. The Sacred Pcenitentiaria will accept communications in any modern tongue. The supplication is made out in the name of the petitioner, Ijut the rescript is sent to the ordinary. The diocesan chancery of- fice usually deals directly with the rector of the par- ties concerned.

Faculties can only be used in favour of members of the Church who are not disqualified by ecclesiastical penalties or censures. Hence in marriage cases where one of the contracting parties is a non-Catholic, the dispensation is given directly to the Catholic. Hence also in Apostolic rescripts absolution from penalties and censures, as far as necessary for the rescript to be effective, is first given. Apostolic faculties granted to a bishop, which imply an act of jurisdiction in using them, can be communicated and applied only to the subjects of the bishop, and to such determinate per- sons as are capable of receiving the favour given by means of this faculty. Ordinarily faculties may be exercised in behalf of a subject, while both he and the bishop, or other person making theconcession, are out- side their own territory. When the use of faculties is restricted to the diocese, as in Forms I and C, it means that the sulijcct, not the bishop, must be in the diocese when the indult is made use of in his behalf. In the United States any matrimonial dispensation may be conceded to one actually outside his own diocese, if he has not acquired at least a quasi-domicile elsewhere (Holy Office per Propaganda, 20 Dec, 1S94). Todis- pense validly and lawfully by virtue of an indult, a just cause existing at the time of the dispensation is re- quired. He who possesses general delegated power may apply it to him.self, e. g. dispensing himself from fasting. There is an obligation, especially in dispensations, to be measured by the greater or less urgency of the case,