Case LXIV: Absolution from Reserved Cases

Case.—George is preaching a mission in the diocese of X. Whilst hearing confessions he meets with the following cases, which he learns are reserved in the diocese mentioned.

1. Sharah, a converted Jewess, confesses that she, after her conversion in 1911, contracted marriage with Isaac before a Lutheran Minister. She has now four children. Isaac, she says, is willing to have the marriage validated. George absolves her and tells her to consult the Pastor about the marriage. The Pastor refuses to marry her until the case has been referred to the Bishop.

2. Damian, a prominent Holy Name member, confesses that he caused great scandal by recently getting married before a civil magistrate, which is a reserved case in the diocese of X. George, with an admonition to repair the scandal, absolves him, and bids him have his marriage revalidated.

After four weeks of strenuous labor on the mission, George returns to the quiet of parochial life. Whilst hearing confessions in the diocese of Z, where he is assigned, he has the following cases:

3. On the eve of the Ascension, Bertha comes to Confession accusing herself of sending, without reason, her children to the public school, which case is reserved to the Bishop of Z. As Bertha has not been to Confession in two years, George at once absolves her.

4. Leaving the church he is summoned to the parlor to hear the confession of a priest. It is Joseph, a religious, who accuses himself of having violated the vow of poverty, the absolution of which he says his superior reserved to himself.

Questions.—1. What changes of legislation with regard to reserved cases have been affected by the decree of the Holy Office of the 13th of July, 1916? What are the cases mentioned in the decree in which the confessor may absolve from sins reserved to the Bishop?

2. Does the above decree affect those cases reserved to the Ordinary in the Bull Apostolicae Sedis?

3. Does the above decree affect the cases reserved to Bishops by the Third Plenary Council of Baltimore?

4. Does the decree of the Sacred Congregation “De Religiosis,” Aug. 5th, 1913, affect the cases reserved by religious superiors?

5. Did George rightly absolve in the cases proposed to him? If so, on what grounds?

Solution.—Ad 1m. According to the decree of the Holy Office, July 13, 1916, episcopal reservation ceases in the following cases:

(a) Reservation ceases ipso jure with regard to the sick not able to leave the house, wishing to go to Confession; with regard to those confessing, about to contract matrimony; as often as, in the prudent judgment of the confessor, the faculty of absolving cannot be asked without a grave inconvenience to the penitent, or without danger of violation of the sacramental seal.

(b) Reservation also ceases if, in a certain particular case, the faculty of absolving has been asked and was refused. It ceases, however, for that case only.

(c) During the entire time set aside for the fulfillment of the Easter duty parish priests and those in jure considered such, may absolve from all reserved episcopal cases.

(d) Missionaries during the time of the mission have the same powers.

(e) Lastly, penitents incurring a reservation in one diocese, may be absolved by any approved confessor in another diocese where such reservation does not exist, even though they go there precisely for obtaining Absolution.

Ad 2m. The above decree does not affect the cases reserved to the Bishops in the Bull Apostolicae Sedis, as these are of Papal legislation.,

Ad 3m. With regard to the cases reserved by the Plenary Council of Baltimore, there is at present a diversity of opinion whether they are affected by the present decree. There is grave authority for maintaining that they are not affected, as the scope of the late decree seems to be to limit the power of individual Bishops. There is, however, also a very grave authority that the decree extends to all episcopal cases. No official interpretation of this point has as yet been given.

Ad 4m. The power of reservation of religious superiors has been practically taken away by the decree of 1913, according to which any confessor approved by the Ordinary can absolve validly and licitly every religious, even in cases reserved with censure.

Ad 5m. (1) As it is doubtful, dubio speculativo, whether George had the jurisdiction to absolve Sarah in virtue of the above decree, the Church will supply the jurisdiction.

(2) George undoubtedly had jurisdiction to absolve Damian in virtue of the late decree.

(3) If George was formally or equivalently a parish priest and if the confession of Bertha took place during the time for fulfilling the Easter duty, the episcopal reservation ceased.;

(4) George validly and licitly absolved Joseph in virtue of the decree of 1913.