Section — Konings, Theologia Moralis

§ II. On The Absolution Of Reserved Things

¶1402.

1402. Principles. - I. Those can absolve from reserved cases by ordinary power: 1° those reserving them themselves; 2° their successors in the same power; 3° their Superiors.

II. Bishops, or their delegates, can absolve:

1) Where Trent has been received, from hidden papal cases, except however those which are reserved to the Roman Pontiff in a special manner in the Constitution Apostolicae Sedis. This is clear from the Constitution itself, § Firmam tamen. See p. 361.

2) From papal cases, even notorious or public, all the faithful who on account of a legitimate impediment cannot approach the Apostolic See, lest from delay of absolution danger threaten souls. This is clear from Canon Law.

But absolution in this case is given directly, i.e. so that reservation ceases perpetually, if an impediment of this kind is perpetual. But the following are considered detained by a perpetual impediment: 1. Women, unless they are expressly noted by censure, as Nuns violating cloister. 2. Sexagenarians. 3. The sick with grave and rather long-lasting illness, such as quartan fever and the like. 4. Religious, even as regards censures incurred before entrance into Religion. For they can be absolved by their prelates or the delegate of these, except for enormous striking (n. 1753. q. 2°. R. 2°) of a Cleric. 5. The impubes, even if they ask absolution after attaining puberty. 6. Sons of a family. 7. Those condemned to perpetual prison. 8. Those bound by the care of feeding a family or administering its goods, or of bearing a public office which cannot be left without public detriment. 9. Those living collegially, such as soldiers, seminarians, etc. 10. The poor, who are not wandering beggars. 11. All others who cannot go to Rome without grave temporal or spiritual harm to themselves or their own. All these are considered perpetually impeded, unless a founded hope is present that within ten years, or according to others five years, they will be able to go easily to Rome; nor are they then held to approach Rome by letters or through a procurator. The same faculty, in the same circumstances, belongs to any confessor if the penitent is perpetually impeded from approaching the Bishop.

If the impediment is not perpetual, but long-lasting, i.e. at least for a half-year, the Bishop can absolve, with the burden on the penitent and with an oath given by him, in the internal forum a promise, of approaching the Pope or one having faculty from him, to receive his mandates, and this under penalty of reincidence (p. 316. col. 1. 3°). But if he cannot approach even the Bishop for a half-year, he will be able to be absolved by any confessor, with the burden as above.

3) The faculties of our Bishops, see p. LXXI. n. 15. 16.

III. Any Confessor, even a Regular, cannot absolve from cases properly episcopal unless he has received the faculty from the Bishop himself, even if he could absolve from any cases whatsoever reserved to the Pope. - Thus Clement X in the Bull Superna.

IV. There is no reservation in either the article or danger of death. Nevertheless it is required that he who is then in possession of himself: a) ask Absolution (but see n. 1672. q. 4°). b) Repair scandal (ib. q. 7°. q. 8°). c) First satisfy the injured party, unless this party could and wished to remit the reparation of injury, or refused a just one, or unless the one to be absolved was perpetually unable to satisfy; or, if he cannot do this then, furnish sufficient caution, or at least, if he cannot even furnish this then, swear that he will satisfy as soon as he can (ib. q. 9°). d) If censure, reserved to the Bishop or in a special manner to the Pope, is annexed to the reserved sin, from which a priest cannot absolve, he swear, in the internal forum promise, that he will present himself to a superior having the faculty, if he recovers; otherwise he falls again into the same censure. e) If there is question of a grave crime, before absolution he swear, in the internal forum promise, not to fall again.

Notes to n. 1402. (1) L. V. Decr. T. XXXIX. c. 29. (2) Cfr. supra p. LXXXI. 5. 6 et S. Alph. L. VII. 84-86. 83-92. (1) Trid. Sess. 14. de Sacr. Poen. c. 7. Rit. Rom. L. V. Decr. T. XXXIX. c. 10. 11. L. V. T. XI. c. 22 in 6°. S. Alph. L. VI. 537. q. VII. L. VII. 120. 121, 127-131. Scav. l. l. n. 535.

¶1403.

1403. Questions. - Query 1° Can a simple confessor sometimes absolve from reserved things, even outside the danger of death?

Resp. Affirm., if the Bishop or one having the faculty cannot easily be approached, and on the other hand there is present either 1° danger of infamy or scandal from the omission of the celebration of Mass or Communion, or 2° necessity of fulfilling the paschal precept, or 3° fear lest the penitent remain for a long time in mortal sin. Nevertheless, if the impediment is not long-lasting, that absolution can be given only ad effectum, i.e. so that, notwithstanding the reservation either of sin or of censure, which is afterward to be removed by the Superior, he can now be absolved, communicate, or celebrate. If it is long-lasting or perpetual, see n. 1402. II. 2). But if the penitent has no other mortal sins than reserved sins, and, as ordinarily happens, doubts concerning perfect contrition, he is held to accuse either some venial sin, or a mortal sin otherwise confessed, or even the reserved sin itself, if in this he is a recidivist, or in a proximate occasion of relapsing into it.

Query 2° How besides is reservation removed?

Resp. 1° It is removed indirectly, with the burden of supplying, if someone in good faith has made a valid Confession before one not having the faculty, provided he subjects another non-reserved sin to the keys.

Resp. 2° It is removed directly: a) Excepting a jubilee, through a Confession, even one null or even sacrilegious, yet made to one having the faculty, and in which the reserved sin is accused.

b) Through a valid Confession made to one having the faculty, although the penitent forgets the reserved case, yet inculpably. Thus St. Alphonsus as probable, except the case in which it is positively presumed that, if the one having the faculty had heard the sin, he would have deferred absolution.

c) Through the Confession of a doubtfully reserved sin made to one not having the faculty, even if afterward it is known as certainly reserved. Therefore in this case afterward he is not held to approach the Superior or one having the faculty.

Query 3° Is one having reserved and non-reserved sins held in Confession to accuse also the reserved sins?

Resp. Neg., probably, per se. The reason is that otherwise he would be held to confess those sins twice, namely to the inferior and to the Superior. I said: per se, or unless he is a recidivist in the reserved sin, or in a proximate occasion of relapsing into it, as was said above at q. 1°.

Query 4° Can an inferior absolve a dying person from reserved things when the Superior is present?

Resp. 1° Affirm., if the cases are purely reserved. The reason is that in the article of death there is no reservation.

Resp. 2° Neg. as regards things reserved by the Bishop with censure; because since the dying person, if he recovers, is held to approach the Superior as soon as possible, he is to be absolved by this one if he is present. (8) p. 393.

Query 5° Is the leave of the Superior required for absolving a dying person from cases with reserved censure, if it can be sought by letters or through a procurator?

Resp. Neg., according to the more common and more probable opinion, both on account of the danger of manifestation, and because anyone who cannot personally approach the Superior is considered legitimately impeded.

Query 6° Can the Superior absolve the penitent from reserved sins, and send him back to the inferior for absolution from the non-reserved?

Resp. This does not seem improbable in a case, certainly very rare, in which the Superior a) could not free himself from some very grave business, b) judged it necessary to hear the reserved sin personally, and c) the penitent was under a necessity of communicating and did not wish to confess the same sins twice.

Query 7° Can pilgrims be absolved from episcopal censures which they incurred in their own diocese?

Resp. Neg., if there is question of public censures or censures inflicted ab homine by a particular sentence. Otherwise affirm. Cf. however n. 1401. q. 4°. R. 2°. (19) p. 419.

Notes to n. 1403 - note sequence 1. (1) L. VI. 265. 585. Cfr. Vind. p. 554. Ed. 2a. T. II. p. 173. (2) L. VI. 596. q. I. (3) Ib. 598. q. III. IV. (4) Ib. 597. Cfr. Vind. p. 572. Ed. 2a. T. II. p. 193. (5) L. VI. 600. (6) Ib. 265. q. II. 585. Dub. 8. (7) H. A. Tr. XVI. 96. 97. L. VI. 563. L. VII. 92. Notes to n. 1403 - note sequence 2. (1) L. VI. 563. Dub. III. (2) Ib. 595. (3) Priv. n. 35. Ed. Heilig. Istr. e prat. c. XVI. 135 (+) Avvertenza. Appendix annotation (beta), to n. 1403. q. 4°. R. 2°, p. 140, col. 2. The Constitution Apostolicae Sedis does not speak of the burden of presentation except after the enumeration of excommunications which it willed to be reserved in a special manner to the Pope. Therefore it is to be judged to have willed that, for these only, the obligation of standing by the mandates of the Church remains firm. Therefore, as often as a dying person is bound by other bonds which are not reserved in a special manner to the Pontiff, the obligation of presentation no longer seems to be present, and therefore it is not to be enjoined except for cases reserved in a special manner to the Pontiff, whether they are public or even occult; but for the remaining Pontifical cases, whether occult or public, such a burden is no longer present.(2) Therefore I now think that one must depart from St. Alphonsus.(3) > Notes to appendix annotation - note sequence 2. > > 2 The Theologians of Padua on the Constitution Apostolicae Sedis, Quest. n. 164. | 3 H. A. Tr. XVI. 96. Appendix annotation (19), to n. 1403. q. 7°. p. 141. col. 1. Note, however, that nothing prevents a crime public somewhere from being held as occult in other places. Titius, for example, incurs excommunication reserved to his Bishop because he contracted Matrimony with Caia before a petty minister; the delict is publicly known in the place of the diocese of that Bishop in which he contracted. Titius, having left that diocese, fixes his seat in another where his delict is occult. If the fame of the delict cannot easily pursue him in that other diocese, he will be able to be absolved in that diocese, with the faculty, however, of the Ordinary of that diocese, if there also an excommunication of this kind exists. Cf. Theol. Pat., n. 309; St. Alphonsus, L. VI. 593 and L. VI. 78.