Section — Noldin, Summa of Moral Theology
Section 1. Concerning Absolution from Episcopal Cases.
On this matter a recent decree of the holy see must be noted; however, it treats only of sins which bishops reserve to themselves, not likewise of cases reserved by law to bishops, nor does it touch in any way the reservations of regular superiors. The Code of Canon Law is also added.1
1 Holy Office, July 13, 1916. Cn. 899, 900.
363. Who Can Absolve.1 1. By ordinary power, or by the law itself, he can absolve from episcopal cases:
a. The one reserving, his successor in office, his superior who has jurisdiction over the subjects of the one reserving, the vicar general, and finally the penitentiary canon, even of a collegiate church.
b. The parish priest and those who in law are considered in the name of a parish priest, throughout the whole time of the paschal precept.
c. Missionaries (but not likewise other confessors), at the time when they have a mission to the people.
- By delegated power:
a. Vicars forane (deans), to whom the ordinary ought to grant the faculty, with the power of subdelegating, especially in places distant from the episcopal see, confessors of their district, whenever these have recourse to them for a more urgent and determinate case.
b. All to whom the ordinary has granted delegated power, which nevertheless he should not impart to anyone at all and indiscriminately.
1 Cn. 899, 900.
364. When Reservation Ceases. 1. Reservation ceases by the law itself:
a. In the confession of the sick, who cannot leave the house.
b. In the confession of spouses, who confess for the sake of entering marriage.
c. If the superior has denied the requested faculty of absolving for some determined case.
It had already been established long ago that, if a regular superior denies to a confessor who asks it the faculty of absolving from a case reserved in his order, the confessor can absolve, unless scandal or common harm is feared which cannot be removed without the matter being manifested to the superior.1
d. If, in the prudent judgment of the confessor, the faculty cannot be sought from the superior without grave inconvenience of the penitent, or without danger of violating the seal.
Grave inconvenience of the penitent is considered to be present: a. if otherwise the penitent would give scandal; b. if he would incur infamy; g. if otherwise he would have to remain long in mortal sin and this would be hard for him; d. if the precept of paschal communion, or in a priest the necessity of celebrating, urges.
e. Outside the territory of the one reserving, even if the penitent departed from it only in order to obtain absolution.
Therefore travelers can be directly absolved by any confessor from sins and censures reserved in their own diocese, but not likewise from sins and censures reserved in the diocese in which they confess, where they are treated as inhabitants of the place.
f. In danger of death. See n. 366, 5.
- Reservation ceases by absolution:
a. By valid absolution given by him who has ordinary or delegated power of absolving from reserved sins.
Therefore any confessor can absolve from reserved sins from which the penitent has already once been directly absolved, if they are again submitted to the keys.
b. By confession, even invalid or sacrilegious, before a confessor having power over reserved matters, in which the reserved sin is accused; for the legitimate superior has already judged concerning the reserved sin, and the penitent has already received a congruous penance, which indeed in this case he is bound to fulfill, even if the confession was null.
c. By a valid confession before a confessor having power over reserved matters, in which the reserved sin is not accused through forgetfulness; this opinion is probable and therefore practically safe.
The reason for this opinion is this: reservation can be removed by indirect absolution if the confessor, furnished with due power, wills this; but it is to be presumed that the confessor wills to free a rightly disposed penitent from reservation, since he wishes to help him as much as he can (in quantum possum et tu indiges). Wherefore the penitent afterward can be duly absolved by a simple confessor from that sin which, equally as in the former case, remains necessary matter of confession.2
d. By confession of a doubtfully reserved sin before a simple confessor, even if afterward it is known to be certainly reserved; for this sin has already been directly remitted, the Church supplying jurisdiction.
What is to be done if a simple confessor, through inadvertence or ignorance, absolves from a reserved case:
a. If he absolves from a censure and sin reserved to the pope, the absolution of the censure is valid, provided it is not a censure ab homine or a censure reserved in a most special manner.3
b. If he absolves from an episcopal case, he should attend to the statutes of the diocese; for in many dioceses jurisdiction is conferred on the confessor in this case, so that he can directly absolve a penitent existing in good faith. But if nothing of this kind has been established:
a. The penitent who afterward knows that he was only indirectly absolved from a reserved sin should either return to the confessor and ask him to obtain for him the faculty of absolving, or approach another confessor having power over reserved matters and confess again the sin only indirectly remitted.
b. The confessor should admonish the penitent about the error committed, if this can easily be done, e.g., if he returns to confession, so that that error may be repaired. Or better, he should at once seek the faculty of absolving from that sin and see to it that the penitent returns again to confession and accuses himself at least in general of that sin, and he should absolve him, even if the penitent has not been warned about the error. But if he cannot easily either admonish or absolve the penitent, he should leave him in good faith.
1 Thus Clement VIII established, as Urban VIII testifies in the constitution Sanctissimus, September 21, 1624. Cf. Ballerini-Palmieri V, n. 456.
2 It is certain that in the time of jubilee even those who do not confess through forgetfulness a reserved sin or a censure incurred are freed from reservations and censures. For in this case the privilege of absolving is certainly granted, so that all penitents may be freed from their reservations and censures, provided they have duly fulfilled the works prescribed for gaining the jubilee (n. 332).
3 Cn. 2247, 3.
365. For Practice. 1. If the penitent brings forward a reserved case immediately before he accuses further things, he must be examined as to whether he sinned with sufficient deliberation and therefore mortally, whether the conditions required for incurring the reservation are present, and, if there is need, whether he knew that the sin was reserved. But if it is established that the sin is reserved, the penitent must be told to approach the superior or a privileged confessor, or, if he refuses this, to return after a few days to obtain absolution, for the conferring of which the confessor in the meantime will obtain for himself the necessary power.
If the penitent promises that he will return to the same confessor, the interrupted confession must be completed, lest the things already accused have to be repeated. It suffices that, when returning to obtain absolution, he accuse himself in general of those things which he had already confessed before.
Ordinarily it is advisable that the confessor himself obtain from the legitimate superior the faculty of absolving, and free the penitent from the burden either of approaching one who has power or of writing to the superior.1
A priest who has presumed to hear confessions without the necessary jurisdiction is by that very fact suspended from divine offices; but he who has presumed to absolve from reserved sins is by that very fact suspended from hearing confessions.2
A confessor presuming to absolve without the due faculty from an excommunication latae sententiae reserved to the apostolic see in a most special or special manner, by that very fact incurs an excommunication simply reserved to the apostolic see.3
1 Form of writing, by which the faculty of absolving from a reserved case is requested. Most Reverend and Most Illustrious Lord. - Titius has fallen into a case reserved in our diocese under n. IV (or: into an excommunication reserved to the pope in a special manner under n. 2). Since he repents of the deed, he humbly asks absolution. Let the rescript kindly be directed to me, the undersigned confessor, most humble servant N. N. in N. N.
2 Cn. 2366.
3 Cn. 2338.