Section — Noldin, Summa of Moral Theology
Section 2. Concerning Absolution from Papal Cases.
366. Who Can Absolve. 1. The supreme pontiff and the major penitentiary.
Cardinals everywhere on earth can absolve from all reserved sins and censures, except censures reserved in a most special manner and those attached to the revelation of the secret of the Holy Office.1
A confessor whom a cardinal or bishop chooses for himself and his household members, even if he lacks jurisdiction, which he obtains by the law itself, can absolve also with respect to reserved censures, except those reserved in a most special manner.2
Ordinaries, by themselves or through another, can absolve: a. from all occult cases established by common law, simply, but not those reserved in a special or most special manner; b. from public cases established by common law, but not from cases reserved to the apostolic see or brought to the contentious forum.3
Nevertheless, most bishops, from special indults of the holy see, have broader faculties of absolving even from public reserved cases, so that confessors who need the faculty of absolving from some papal case can almost always receive it from the ordinary.
- All priests can absolve those constituted in danger of death from absolutely all sins and censures, because in danger of death there is no reservation.
It must be noted that sick persons who recover, under penalty of reincidence into the same censure, must in this twofold case have recourse, either by themselves or through the confessor: a. if they were absolved from a censure ab homine, to him who imposed the censure; b. if they were absolved from a censure reserved in a most special manner, to the Penitentiary, or the bishop, or another having the faculty.4
- In more urgent cases, namely if the censure cannot be externally observed without danger of grave scandal or infamy, or if it is hard for the penitent to remain in the state of sin for the time necessary for the competent superior to provide, any confessor can absolve from all papal cases, with the obligation nevertheless enjoined of having recourse and of standing by the mandates.5
a. The confessor ought to judge concerning the more urgent case; but if his judgment errs either from culpable imprudence or from levity, the absolution indeed is valid, but he himself can sin gravely; for his conscience is burdened in this matter, as the pontifical decree has it.
b. In a truly urgent case absolution can be granted from all papal cases reserved with censure, not even excepting those which are said to be reserved in a most special manner. And the absolution, otherwise than happens in episcopal cases, is direct by declaration of the holy see.6
c. Recourse must be made, if it can be done without grave inconvenience: a. under penalty of reincidence into the same censure, b. within a month, g. at least by letter or through the confessor, even one different from him who absolved him, d. the name being withheld, to the Penitentiary, or to the bishop, or to another superior furnished with the faculty.
d. It is permitted to the penitent, even after accepted absolution and after recourse has already been made to the superior, to approach another confessor furnished with the faculty, and, after confession at least of the delict with the censure has been repeated, to receive absolution and mandates from him. But if he has obtained these and has stood by the mandates, he is not afterward bound to stand by the mandates of the other superior to whom he had made recourse.
e. If in some extraordinary case recourse is morally impossible, the confessor, except for censure contracted on account of absolution of an accomplice, can absolve without burden, with those things nevertheless enjoined which must be enjoined by law, and with penance and satisfaction imposed for the censure; and if the penitent does not fulfill these within the time set by the confessor, he falls back into the censure. Such an extraordinary case can easily occur in missions or armies, if a foreign confessor must set out, or a response from the superior cannot be awaited, and the penitent on account of his own state, or for some other reason, cannot write and it would be hard for him to approach another confessor.
f. When a confessor, according to the decree of the Holy Office of June 23, 1886, absolves a penitent in a truly urgent case, he can also dispense him from an occult irregularity which follows the censure itself.7
Note. If a confessor, ignorant of the reservation, absolves from a censure and sin, the absolution is valid, unless it is a censure reserved to the apostolic see in a most special manner.
1 Cn. 239, 1.
2 Cn. 349, 1, coll. cn. 339, 1.
3 Cn. 2237.
4 Cn. 2252.
5 Holy Office, June 23, 1886. Cn. 2254.
6 Holy Office, August 19, 1891.
7 Holy Office, March 28, 1906; September 6, 1909. Cn. 990, 2.
367. For Practice. 1. If a penitent confesses a sin reserved to the supreme pontiff, the confessor, before he investigates further, should immediately inquire whether the penitent has in fact incurred the case. But if the reservation is established, he should propose to the penitent the option either of approaching, if one is present, a privileged confessor, or of returning after some time; but in the meantime the confessor himself should obtain for himself the power of absolving.
In an urgent case, in which absolution cannot be delayed without grave inconvenience of the penitent, the confessor should declare that he could concede absolution under these conditions: a. that after some time he return (if there is need, he should warn the penitent of reincidence into the same censure, if he does not return); b. that he be prepared to fulfill the mandates to be enjoined by the holy see. If the penitent promises these things, after confession has been completed and penance enjoined, the confessor should absolve him.
If the penitent does not fulfill the mandates enjoined, he sins indeed, but he does not contract the censure anew, because under penalty of reincidence only recourse is prescribed in good faith; but if he does not return to receive the mandates, he contracts the censure again, provided he omitted the return by grave fault, because recourse under penalty of reincidence was prescribed, and this return is not completed when it is made, but only when the mandates are received.
Rare will be the case in which the penitent himself can and wishes to have recourse; in that case the confessor should write to the holy Penitentiary or to the bishop, and should teach him to request absolution from censure granted in the urgent case and to seek mandates.1
If a confessor, who in an urgent case absolved a priest having a censure on account of absolution of his own accomplice, has recourse to the holy Penitentiary to receive mandates, the latter is accustomed to impose a grave penance and an express prohibition of hearing further sacramental confessions of the accomplice. But if the priest penitent has a third time (having been twice absolved by the same or by three different confessors) or more often committed the crime of absolution of an accomplice, the obligation of imposing suspension is added, and if this cannot be done, at least within three months, if he is a parish priest, within six months the office of confessor must be given up. But if, by reason of his office, this cannot prudently be done, after the circumstances have been set forth the confessor should have recourse to the holy Penitentiary to obtain dispensation from the obligation enjoined. When this has been done, ordinarily the term for giving up the office is prolonged from year to year, unless perhaps a relapse has occurred in the meantime, or the requested dispensation is granted, so that the priest can retain the office of confessor. Provision can be made for the necessity of having recourse on repeated occasions, because already the first time the reasons can be set forth on account of which giving up the office of confessor is impossible for him. But if the priest penitent who has been absolved in an urgent case still needs only the mandates of the holy Penitentiary, and the confessor who absolved the priest cannot personally meet with him, because he has already withdrawn (e.g., after spiritual exercises have been completed), the confessor should ask the holy Penitentiary to be able to communicate the mandates with the priest penitent outside confession.2
Three absolutions of an accomplice are not to be counted from the last confession only, but from the beginning of the priestly life, so that, if, e.g., before this he had already twice been absolved from excommunication because he absolved an accomplice, he now cannot be absolved unless with the burden of giving up the office of confessor, if from the last confession he absolved the accomplice once.3
1 Formula of writing to the holy Penitentiary: Most Eminent Prince. Titius contracted a censure reserved to the Roman Pontiff in a special (ordinary) manner because of reading prohibited books (because of a duel perpetrated). Since he was not able to approach a privileged confessor, nor to be dismissed without absolution, and otherwise seemed rightly disposed, he received absolution. Now, to obey the Church, by the prescribed letters through me, the undersigned confessor, he has recourse to the holy see to receive mandates, prepared to fulfill the penance which Your Eminence will deign to prescribe as a penalty of the delict. N. on the N. day of the month ... N. N., parish priest. Exterior inscription of the letter: To the Most Eminent Prince Cardinal Major Penitentiary. Palace of the Apostolic Chancery. Rome.
2 Formula of petitioning mandates for a priest who, in an urgent case, was directly absolved from the crime of absolution of an accomplice. Most Blessed Father. A certain priest, a parish priest, with Anna, his wife (or a girl), committed these acts ... and in confession ... (as often as) absolved her. Now performing exercises with due contrition he made confession. But since absolution could not be delayed (for he is constituted in the care of souls, etc.), he was directly absolved; therefore for him I request mandates. He himself indeed is prepared for every penalty, but the office of confessor and of parish priest he cannot give up because of these reasons.... Every occasion of sinning again is remote, indeed impossible, since he will hear no confessions of the accomplice. - He can return to me to receive penance in the confessional (or he cannot because of these reasons.... Therefore I humbly ask that it may be permitted to me through letters to communicate with him and to do the other things he asks). Let the response, I ask, be directed to me N. N., confessor in N. N. Exterior inscription to the Sacred Penitentiary: Vatican Rome.
3 Holy Penitentiary, June 5, 1901.
368. Whether One Having Reserved Sins, in Necessity of Celebrating or Communicating, Is Bound to Confess to a Simple Confessor if Another Is Lacking.
a. If he has papal reserved sins, he is bound to confess; for since now the power has been given to all confessors in more urgent cases of directly absolving from all sins and censures reserved in any way whatever to the Roman Pontiff, no cause any longer exists excusing from making an integral confession before Mass or communion to a simple confessor.
b. If there is question of episcopal reserved sins, from which he cannot absolve in an urgent case, a distinction must be made:
a. If he has only reserved sins, he is not bound to confess, because he does not have necessary matter of confession which can be directly remitted.
Therefore he can in urgent necessity celebrate or communicate with contrition alone. If, however, he notices that he has only attrition, he is bound to confess some venial sin, or a mortal sin already remitted, so that he may at least be absolved indirectly from the reserved sins. And he can do this same thing even if he knows that contrition exists, in order that he may procure for himself a more secure state of grace. But if necessity is not urgent, he ought either to abstain from the sacred action or confess a venial sin or a mortal sin already remitted.
b. If he has reserved and mortal non-reserved sins, he is bound to confess, because the precept of premising confession before communion urges, and there exists no legitimate excuse. Yet he is not bound also to confess reserved sins, but it suffices that he declare that he has non-reserved sins; both because there is no obligation per se of confessing sins from which he cannot be directly absolved, and because otherwise he would be bound to confess the same sins twice.
This opinion, which obligates a priest having reserved sins and other non-reserved mortal sins to confession, is certain to all, although the contrary may seem to lack a probable argument.1
1 Cf. Lugo, De eucharistia, disp. 14, n. 84 ss.