NAVIGANTI. — By naviganti are understood those who undertake a sea voyage on any kind of vessel. Those who undertake air travel are equated with naviganti with regard to the privileges granted by the CIC (Pontifical Commission, 16 Dec. 1947, AAS, 40 [1948], p. 17).
The CIC deals with naviganti chiefly in relation to the administration of the Sacrament of Penance. Indeed, can. 883 establishes the following: «All priests who undertake a sea voyage, provided that they are duly furnished with the faculty to hear confessions either by their own Ordinary, or by the Ordinary of the port of departure, or even by the Ordinary of any intermediate port through which they pass while travelling, may, throughout the entire voyage, hear on board the confessions of the faithful travelling with them, even if the vessel, during the voyage, passes through or also remains for some time in places subject to the jurisdiction of different Ordinaries. Whenever, moreover, the vessel stops during the voyage, they may hear the confessions both of the faithful who for any reason approach the vessel and of those who wish to confess to them after they have temporarily gone ashore, and may validly and licitly absolve even from cases reserved to the Ordinary».
Regarding this provision of the CIC, the following should be noted: 1. by one’s own Ordinary is to be understood only the Ordinary of the place, thus excluding the major Superior of Religious (Pontifical Commission, 30 July 1934, AAS, 26 [1934], p. 494). 2. Navigating priests can probably hear the confessions of the faithful travelling with them both in the place from which the vessel begins its journey and in the place where the journey ends; likewise, also during a river journey begun immediately after the sea voyage. 3. When the vessel stops in a port for several days, the navigating priest may make use of his faculty, but for no more than three days, if it is easy to approach the Ordinary of the place (Pontifical Commission, 13 Dec. 1923, AAS, 16 [1923], p. 114).
As regards Mass, no one may celebrate it at sea without an apostolic indult. This indult is also necessary for one who enjoys the privilege of the portable altar, as is expressly declared in the CIC (can. 822 § 3). The apostolic indult is granted by common law to the cardinals of the Holy Roman Church (can. 239 § 1, n. 8) and to bishops, even titular bishops (can. 349 § 1). The apostolic indult to celebrate at sea is usually granted under the following conditions: a) that another priest assist; b) that the sea be calm; c) that there be no danger of irreverence. At times the obligation that another priest assist is dispensed from, provided that the danger of spilling the Most Precious Blood is nevertheless kept away (cf. F. M. Cappello, De Sacramento, I, Torino 1947, n. 753). It is thought that the apostolic indult is not necessary for those who, enjoying the privilege of the portable altar, celebrate on an aircraft, because the prohibition is made only for celebration at sea; nor is it valid to invoke the equality established by the Pontifical Commission between sea and air naviganti, because that concerns only the Sacrament of Penance, and in odiosis one is not bound to observe such equality. Naturally, here too the precautions required by the circumstances must be taken. In any case, in air travel the dangers of irreverence are considerably less than those inherent in sea travel. It is recorded that the Holy See, through the Apostolic Nuncio to Germany, granted the faculty to celebrate Holy Mass on the aircraft Hindenburg on the occasion of the journey made by the aircraft from Germany to America on 23 March 1936 (cf. T. Bouscaren-S. I. Lincoln, The canon law digest, officially public document affecting the Code of canon law, II, Milwaukee 1936, p. 45).