Summa Theologiae Moralis, vol. I: De Principiis

On the Author of Ecclesiastical Law.

324. All who enjoy a perfect public power of governing, or political jurisdiction, in a perfect community or a part of it, can enact laws. In the Church power, by the will of Christ, by divine ordinary right, belongs to the Supreme Pontiff (Mt. XVI, 19. John XXI, 15-18) and to bishops, (Mt. XVIII, 18 ; XXVIII, 20) ; by ecclesiastical right it can be granted to others. But power is distinguished as ordinary, had by virtue of one's own office ; and delegated, by special commission of him who has ordinary power¹ (c. 197, § 1). Hence those who enjoy a) ordinary perfect jurisdiction in the external forum can enact laws :

1. The Sovereign Pontiff for the whole world and any part of it (c. 218), either alone, or with others, e.g. the Roman Congregations, by whose help he prepares or issues decrees which he himself confirms ;

2. A Council : ecumenical (c. 228) confirmed by the Roman Pontiff (c. 227) for the whole Church ; plenary for its territory (c. 290), e.g. national for the nation, provincial for the province ; but the decrees of particular councils cannot be promulgated before they have been recognized by the Sacred Congregation of the Council (c. 291, § 1) ; likewise a diocesan synod for the diocese (c. 356) ;

3. The Bishop for his subjects, even outside the synod (c. 362) ; likewise, the see being vacant, the chapter of the cathedral Church (c. 429 and 431) or the consultors (c. 427) and the capitular vicar (c. 435) : although it is not expedient, unless to urge laws previously enacted or unless it is necessary in a very long vacancy, yet in such a way that « nothing be innovated » (c. 436) ; likewise those who exercise episcopal jurisdiction, such as prelates nullius and exempt for the territory subject to them (c. 323) ; likewise vicars and apostolic prefects for their region (c. 294), and apostolic administrators permanently constituted (c. 315) ;

4. Religious orders and exempt clerical religions in the general chapter (c. 501, § 1) ;

b) or jurisdiction delegated by the Pontiff : legates, nuncios, etc. for the region to which they are sent and according to the tenor of the concession and of their faculties ; — likewise vicars general by special delegation of the bishop ;

c) but not those who lack such jurisdiction :

1. the rectors of inferior communities : of parishes, monasteries, sodalities, universities, of a non-exempt religion (c. 501, § 1), etc., whose statutes however can have the force of obliging by pact or vow of the subjects, or by dominative authority, or by the will of the legislator ;

2. the general superiors or general chapters of a lay religion even exempt, because only clerics can obtain jurisdiction in the Church (c. 118) ;

3. abbesses or superioresses : for although by domestic authority they can prescribe, no power of jurisdiction however belongs to women in the Church.