CANONICO PENITENZIERE. — In every cathedral church there should exist, if possible, the office of c. p.; it may also be established in collegiate churches, especially in the more distinguished ones. The office of c. p. is therefore obligatory for cathedral churches, subject to the reservation introduced by the Council of Trent: «ubi id fieri potest» (cf. now can. 398).
The c. p. must possess the canon theologian (v.), with this difference: not only a degree in theology but also one in canon law must give him preference over others, all other conditions being equal. It is fitting that the c. p. should have completed his thirtieth year (can. 399, § 1).
The c. p. may neither receive nor exercise at the same time an office involving jurisdiction in the external forum. On this point the Code interprets that prudent custom which has introduced a clear separation between sacramental jurisdiction and jurisdiction in the external forum; by virtue of this law, the c. p. may not at the same time hold the office of vicar general, capitular vicar, official, promoter of justice, or defender of the bond (can. 399, § 3).
Before conferring this office, the bishop must ascertain that the candidate’s life, conduct, and doctrine are irreproachable. By right, the appointment is reserved to the bishop, unless the prebend is to be granted by competitive examination, in which case this method of conferral must be followed (can. 399, § 2).
The c. p. has the duty of remaining available for confessions, in the confessional reserved for him in the chapter church, during the hours that the bishop judges most convenient for the faithful, even during the time of the choral office (can. 401, § 2).
For the entire period during which he performs his office, the c. p. is considered present in choir, and thus has a right to the revenues of the prebend and to the daily distributions (can. 420, § 1, n. 3). In accordance with can. 416, he is also dispensed from performing at the altar the office of deacon and subdeacon, unless the ceremony is one celebrated solemnly by the bishop.
The c. p. may be regarded, in the sacramental forum, as the bishop’s vicar general and in fact has, in this regard, the same powers as the Ordinary. Nevertheless, the general rule contained in can. 199, § 1 does not authorize him to delegate his faculties to others. Like the bishop and the parish priest, he possesses in the internal forum a power that is at once territorial and personal: within the boundaries of his diocese, he may absolve even foreigners, while outside the diocese he retains jurisdiction over all the diocesan faithful. His powers also extend to sins and censures reserved to the bishop (can. 401, § 1).
The c. p., if accused of negligence in the exercise of his duty, will first receive severe admonitions from his bishop; should these prove ineffective, they will be followed by the imposition of canonical penalties and the withholding of part of the prebend, which will be assigned to substitutes. If the negligence should continue for an entire year, the offender will incur suspension from the benefice and, after a further six months, deprivation of the benefice itself (can. 2384).