Section — Prümmer, Manuale Theologiae Moralis

§ 2. Who Can Absolve From Censures

492.

492. Principle 1. From a non-reserved censure, any confessor can absolve in the sacramental forum; outside the sacramental forum, anyone who has jurisdiction over the guilty person in the external forum can absolve.

Thus from c. 29, X 38, and from the Code of Canon Law, c. 2253. A confessor can grant such an absolution both within and outside confession. For the most part, however, it is fitting that absolution not be given by a confessor except in the tribunal of penance.96 It is otherwise with those who have jurisdiction in the external forum; for they can give absolution everywhere, even to one absent.

Principle 2. From a censure imposed ab homine by a particular sentence, no one can absolve except the one who imposed it, or his superior, or his successor in office, or one specially delegated by him.97

It is said: by a particular sentence; for censures imposed by a general statute are not considered reserved unless this is established in express words; it is otherwise with a censure imposed by a particular precept, which indeed appears to be reserved, for it is a true censure imposed ab homine.98

96 Cf. Ferraris, Prompta Bibl., s.v. "Excommunicatio," a. 7, n. 11; and Code of Canon Law, c. 2248, § 2.

97 Code of Canon Law, c. 2245, § 2.

98 Ibid. and c. 2247, § 2.

493.

493. Principle 3. From every reserved censure, no one can absolve except one who has the requisite ordinary or delegated jurisdiction.

  1. Those who have ordinary jurisdiction to absolve from reserved censures are: a) the one who imposed it; b) his successor in office; c) his ecclesiastical superior.

  2. Delegated jurisdiction is granted either by the law itself or by a competent man. In jurisdiction which is delegated ab homine (for example, by a bishop or by the Sacred Penitentiary), all appended limitations and clauses are to be observed.

494.

494. Jurisdiction for absolving from reserved censures is delegated by the law itself in four cases,98a namely:

a) In danger of death, any priest (even one not approved or suspended) can licitly and validly absolve from all censures without any exception. He can indeed exercise this faculty even if another approved confessor furnished with the necessary faculties is present. Thus it is manifestly inferred from the Council of Trent99 and from the Code of Canon Law, c. 882. But if such a dying person afterward recovers, in only two or three100 cases he must within a month present himself to the legitimate superior, and indeed under penalty of reincidence: first, if he had been put under censure ab homine by a particular sentence, in which case he must present himself to that man; second, if he had been bound by a censure reserved in the most special manner to the Supreme Pontiff. In this case he must, either personally or through the confessor, have recourse within a month to the Supreme Pontiff (that is, to the Sacred Penitentiary), or seek a new absolution from one having the legitimate faculty.101 Third, if someone had been notoriously under censure, because then the scandal must be repaired in the manner which the superior determines.

b) In more urgent cases,102 any confessor can directly103 absolve in the sacramental forum from all reserved censures and sins, under this condition, however, that the person thus absolved is bound under penalty of reincidence to have recourse within a month to the Sacred Penitentiary or to seek a new absolution from one having the faculty.104 Nothing prevents the penitent, not only immediately but even after receiving absolution in that urgent case, and indeed even after recourse has been made to the legitimate superior, from approaching another confessor furnished with the faculty. Then, however, the penitent is bound to declare to this confessor the delict together with the censure, as is evident of itself, and to accept his mandates. Once absolution has been received, he is no longer bound afterward to obey other mandates subsequently coming from the superior (to whom recourse was made).

But if in some extraordinary case this recourse is morally impossible, then any confessor (except in the case of the absolution of an accomplice) can grant absolution without the burden of recourse or of making confession to a privileged confessor. The confessor must then: a) enjoin those things which must be enjoined by law, for example, the removal of scandal, of the proximate occasion, and so forth; b) impose a suitable penance and satisfaction for the censure, to be performed within a determinate time. If the penitent has not performed this penance and satisfaction within the time determined by the confessor, he falls back into the same censure.105 In these more urgent cases, any confessor can also dispense from all irregularities arising from an occult delict (except voluntary homicide), but solely for this purpose, that the penitent may licitly exercise orders already received.106

c) Cardinals can absolve in the internal forum everywhere in the world any penitents whatsoever (even exempt religious) from any sins and censures whatsoever, except only censures reserved in the most special manner to the Apostolic See and those which are annexed to the revelation of the secret of the Holy Office.107

d) Ordinaries (that is, residential bishops, vicars general, and major religious superiors in exempt religions) can absolve their subjects (and local Ordinaries, also travelers and vagrants), in occult cases, from all censures imposed by the common law, except censures reserved in the most special or special manner to the Apostolic See.108

98a Above, n. 424 ff., we treated more extensively the absolution of reserved cases.

99 Sess. 14, c. 7, de poenit. (Denz. n. 903).

100 Cf. above, n. 424.

101 Holy Office, August 19, 1891, ad 2 (Collect. de Prop. Fide, n. 1764); Code of Canon Law, c. 2252.

102 More urgent cases are those in which absolution cannot be deferred a) without danger of grave scandal or infamy, or b) if it is hard for the penitent to remain in the state of mortal sin until absolution has been obtained from the legitimate superior. Code of Canon Law, c. 2254, § 1.

103 Holy Office, August 19, 1891, ad 3 (ibid.).

104 Holy Office, June 23, 1886 (ibid., n. 1658); Code of Canon Law, c. 2254, § 1.

105 Code of Canon Law, c. 2254, §§ 2 and 3.

106 Ibid., c. 990.

107 Ibid., c. 239, § 1, n. 1.

108 Ibid., c. 2237.