CANON PENITENTIARY. — In every cathedral church there must, if possible, exist the office of canon penitentiary, which may also be established in collegiate churches, especially in the more distinguished ones. The office of canon penitentiary is therefore obligatory for cathedral churches, with the reservation introduced by the Council of Trent: “ubi id fieri potest” (cf. now can. 398).
The canon penitentiary must possess the same qualifications as the canon theologian (q.v.), with this difference: not only must he have a degree in theology, but also one in canon law, which will make him preferable to others under otherwise equal conditions. It is advisable that the canon penitentiary be at least thirty years of age (can. 399, § 1).
The canon penitentiary cannot receive or exercise at the same time an office involving jurisdiction in the external forum. On this point the Code is the interpretation to which all cathedral churches are subject, for there can be no separation between sacramental jurisdiction and jurisdiction in the external forum; by virtue of this law the canon penitentiary cannot simultaneously hold the office of vicar general, vicar capitular, official, promoter of justice, or defender of the bond (can. 399, § 3).
Before conferring this office, the bishop must ensure that the life, morals, and doctrine of the candidate are blameless. The appointment is by right reserved to the bishop, unless the prebend is to be granted through competition, in which case the method of conferral must be followed (can. 399, § 2).
The canon penitentiary has the duty to be available for confessions in the confessional reserved to him in the chapter church during the hours which the bishop deems most convenient for the faithful, even during the time of choral office (can. 401, § 2).
For the entire time during which he fulfills his office, the canon penitentiary is considered present at choir, and thus he has a right to the fruits of the prebend and to the daily distributions (can. 420, § 1, n. 3). In accordance with can. 416 he is also dispensed from performing the office of deacon or subdeacon at the altar, unless it be a solemn ceremony celebrated by the bishop.
The canon penitentiary may be considered, in the sacramental forum, as the vicar general of the bishop and in this regard he actually possesses the same powers as the Ordinary. Nevertheless, the general norm contained in can. 199, § 1 does not authorize him to delegate his faculties to others. Like the bishop and the parish priest, he has in the internal forum a power that is at once territorial and personal, that is, within the limits of his diocese he may absolve foreigners as well, and outside the diocese he lacks jurisdiction over all dioceses. His powers extend also to faults and censures reserved to the bishop (can. 401, § 1).
If the canon penitentiary is found negligent in the exercise of his duty, he will first receive a warning from his bishop; if this proves ineffective, canonical penalties will be imposed and a portion of the prebend will be withheld and assigned to substitutes. Should the negligence persist for an entire year, the guilty party will incur suspension from the benefice, and after a further six months, deprivation of the benefice itself (can. 2384).
ROMUALDO SOUARN