Note 456 — Chapter I · JURISDICTION

Lehmkuhl, l. c. Sect. I. art. III. n. 379. Gury, II De Sacram. Pœnit. P. III. cp. I. art. II. Append. n. 557. Scavini, Tract. III. Disp. I. cp. 3, art. 3, 519. Aertnys on Approbation says: in sensu quo Concilium Tridentinum usurpat, approbatio dicenda videtur facultas audiendi confessiones ab Episcopo facta Sacerdoti qui idoneus judicatus est—and he supposes that Regulars do not, as many maintain, receive jurisdiction from the Pope. He appeals to the S. C. Ep. et Reg. 2 Mar., 1866, also Extrao. comm. cp. 2 de sepult ex clement., cp. 2 de sepult. and Extrao. comm. cap. un. de judic., where the Pope gives jurisdiction to a Regular only when it has been refused by the bishop, whence it would seem that jurisdiction proceeds from the bishop except in the cases where he refuses to give it. Still it remains to be proved that Regulars do not receive jurisdiction from the Pope through their Superiors and approbation from the bishop. Cf. Gury, Edit. Ratisb. V. in Germania, Nota Editoris ad n. 557.