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Faculty (Catholic canon law)

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Permission required by a Catholic priest to lawfully act as priest
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Afaculty, in thecanon law of theRoman Catholic Church, is an ecclesiastical right conferred on a subordinate, by a superior who enjoysjurisdiction in theexternal forum. These rights then allow the subordinate to act, in the external or internal forum,validly or lawfully, or at least safely.

Classification

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They may be classified by the object to which they relate:

  • jurisdiction is granted to absolve fromsins andecclesiastical censures, to dispense invows, in irregularities relating to the reception oforders, inmatrimonialimpediments;
  • permission or licence is given to do something which would be otherwise forbidden, as the reading ofprohibited books, saying twoMasses on the same day; ordaining clerics under the prescribed age;
  • to avoid worry and qualms of conscience a precautionarydispensation or permission is granted to proceed in certain cases in relation to which the opinions of theologians may not appear sufficiently well founded, as for instance, a matrimonial dispensation may be conceded as a precaution, when it is not certain that an impediment exists, or permission to anticipate at 2 p.m. the recitation of theDivine Office is granted to a person who is unwilling to accept the opinion that anticipation at that hour is lawful.

Secondly, faculties, by reason of their source, areApostolic, episcopal, or regular. Faculties are styledApostolic orpapal when they proceed from the pope directly, or through the ordinary channels of theRoman Congregations. They areepiscopal, if the power or privilege conferred proceeds from adiocesan bishop, by virtue of his own power or ordinary jurisdiction, as for instance, the faculties of the diocese, to hear confessions, say Mass, preach, etc., granted to priests who labour in the diocese for the salvation of souls. Faculties areregular when they proceed from superiors of theregular clergy by reason of their ordinary jurisdiction, or by virtue of extraordinary powers or privileges conceded to them by theHoly See.

Lastly, faculties are general or particular: general, when granted for indeterminate persons, though they may be limited by time; particular, when granted to designated persons or for particular cases. General faculties conceded to bishops and other ordinaries are also calledindults. These indults are given for a definite period, e. g. five years (facultates quinquennales), or for a definite number of cases.

History

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See also:Legal history of the Catholic Church

The distance of dioceses from Rome, together with peculiar local conditions, rendered the granting of these general faculties a matter of necessity, and in 1637 certain new grants or lists of faculties were drawn up by theSacred Congregation of the Holy Office. Since then, they have been communicated by the Holy See, through theCongregation of the Propagation of the Faith, to bishops, vicars and prefects Apostolic throughout the world, according to their various needs.[1]

Sources

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References

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  1. ^"Canonical Faculties".Catholic Answers. Retrieved2025-06-02.
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