Case XIII: The Conferring of a Dispensation and the Seal of Confession

Cajus hands to his pastor a sealed letter received by him from Rome, which he is instructed to hand to any confessor he will choose. The pastor bids Cajus to make mention of the letter the first time he comes to Confession. Cajus, however, neglects to come to Confession again, though reminded of it by his pastor. Soon after Cajus moves into another, rather remote, parish. The pastoris now in a quandary what to do with the dispensation, for such was the contents of the letter, and is in doubt as to whether to leave Cajus in bona fide that everything is all right, or whether to return the dispensation to him for the purpose of handing it over to his present confessor. Would the sigillum be against that? What isto be done?

Solution: The pastor either was Cajus' confessor or he was not. If he was, the handing over of the dispensation took place under the seal of Confession; for the subject of the dispensation was a secret impediment to marriage, of which the pastor knew through the confessional, and for the setting aside of which he himself had asked for the dispensation for his penitent. In this case any mention of the dispensation even to a subsequent confessor of Cajus is excluded. If he was not the confessor of Cajus then the handing over of the dispensation would stand in the same immediate connection with the confessional, if Cajus had had the intention to go to Confession. But Cajus evidently does not intend to do so, and seems to be of the opinion that with the handing over of the letter from Rome to a priest everything necessary had been done. Cajus on his part, therefore, does not make it a matter of Confession, Nevertheless, the dispensation comes under the obligation of the sigillum. For whoever as superior or adviser is by a penitent made acquainted with a fact, receives this knowledge under the seal, and must preserve it under the same. This also is true of the one who has been entrusted with the conferring of such dispensation "in foro Sacramenti." Our pastor accepted the commission by receiving the letter from Rome, and therefore put himself under the obligation of the seal. Hence it follows that without the explicit consent of Cajus he can not hand the dispensation over to the latter's present confessor, and, furthermore, that he can only deliver it to Cajus himself in a way which will prevent any violation of the secret.

What should be done under the circumstances? The pastor should try and make Cajus call upon him and then give the necessary explanation. If Cajus will then go to Confession, the pastor can hand him the dispensation under observance of all rules concerning it. If Cajus will not go to Confession, then the pastor must hand the letter over to him with directions to give it at his next Confession to the confessor, so as to make him acquainted with the conditions and decisions of the Holy Father. The conditional invalidity of the marriage should not be mentioned so as not to take away the bona fides, and to avert the liability of formal sin. If Cajus should not appear, then the pastor should keep the letter in a safe place with the directions on it: "To be burned unopened in case of my death."

If there is absolutely no hope of ever seeing Cajus personally, the pastor may burn the dispensation, just as would have to be done with the same after it had been made use of, sub excommunications infra triduum.