PENITENTIARY CANON. - In every cathedral church there must exist, as far as possible, the office of canon penitentiary, which may also be instituted in collegiate churches, especially 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 have the same requirements as the canon theologian (v.), with this difference: that not only a degree in theology but also one in canon law must make him preferable to others, other conditions being equal. It is fitting that the canon penitentiary be over thirty years of age (can. 399, § 1).
The canon penitentiary may not receive or exercise at the same time an office entailing jurisdiction in the external forum. On this point the Code is the interpreter of that wise custom which introduced a very clear separation between sacramental jurisdiction and jurisdiction of the external forum; by virtue of this law the canon penitentiary may not at the same time 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 satisfy himself that the life, morals and doctrine of the candidate are irreproachable. By law the appointment is reserved to the bishop, unless the prebend is to be granted by way of competition, in which case that manner of collation must be followed (can. 399, § 2).
The canon penitentiary has the duty of holding himself available for confessions, in the confessional reserved to him in the capitular church, during the hours that the bishop judges most convenient for the convenience of the faithful, even during the time of choral office (can. 401, § 2).
For the entire time during which he performs his office, the canon penitentiary is considered present in 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 at the altar the office of deacon and subdeacon, unless it is a ceremony celebrated solemnly by the bishop.
The canon penitentiary may be considered, in the sacramental forum, as vicar general of the bishop and in reality has in this regard 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 to say that within the boundaries of his diocese he can absolve even foreigners, and outside the diocese he retains jurisdiction over all the diocesan faithful. His powers extend also to sins and censures reserved to the bishop (can. 401, § 1).
The canon penitentiary, accused of negligence in the exercise of his duty, will receive first from his bishop severe admonitions, which, proving ineffective, will be followed by the infliction of canonical penalties and by the withdrawal of a part of the prebend, which will be assigned to substitutes. In the event that the negligence should continue for a whole year, the guilty party will incur suspension from the benefice, and, after another six months, deprivation of the benefice itself (can. 2384).