Case 19. A Bishop's Reserved Case

Caius, a regular priest, while giving a mission in a certain town far distant from the episcopal city, hears the confession of Titius, a laborer who lives there. During confession Titius says that he was recently joined in marriage with Bertha, a Protestant, before the civil registrar, having been driven to such a deed because of the difficulty of obtaining from the parish priest a dispensation from mixed marriage. Caius remembers that the case is among those which the Bishop reserves to himself, but does not know how to proceed. For Titius seems perpetually impeded from approaching the Bishop; although he can write, he seems to be bound by no law to write, which also seems capable of being said of Caius himself. On the other hand, Titius gave scandal, which must be repaired. Hence it is asked:

1. What does ecclesiastical law establish concerning one who has a papal case and is impeded from approaching Rome?

2. What is to be said of one who has an episcopal case and is impeded from approaching the Bishop?

3. What is to be done by Caius, and what if Titius is ignorant that the case is reserved by the Bishop?

1. What does the law of the Church prescribe with regard to a penitent who has a papal case and is prevented from going to Rome?

If there is no need for immediate absolution the case must be submitted by letter to the Grand Penitentiary at Rome either by the penitent himself, or by his confessor, in order that special faculties for granting absolution may be obtained. If the penitent is under the necessity of obtaining absolution at once, he may be absolved directly by any confessor, but within a month the case must be submitted to Rome by the penitent or by his confessor under pain of falling again into the same case.¹

1 Manual of Moral Theology, vol. ii, 204.

2. What must be done with a penitent who has incurred a bishop’s case and is prevented from going to the bishop?

The regulation given above for the treatment of papal cases is gradually being applied to bishops’ cases also. Otherwise a priest without special faculties may give absolution from a bishop’s case when the penitent can not go to the bishop. The absolution will be indirect if the penitent can present himself to the bishop within six months, direct if he can not.²

2 Ibid., 207 f.

3. The case. If Titius was married before April 19, 1908, the marriage would be valid in England and in most parts of the United States, and Caius might absolve him to enable him to go to Holy Communion. If the bishop of the diocese requires that reserved cases should be submitted to him by letter, this should be done, either by the penitent or by the confessor. If Titius was ignorant that his case was reserved to the bishop, his ignorance probably excuses him from incurring the reservation, unless the bishop has expressly declared the contrary. If Titius were induced to give the promises usually made before a dispensation is granted for a mixed marriage, and if he promised to lead a good Catholic life himself, it would go far to repair the scandal he caused.

If the marriage took place after the decree Ne temere came into force, the marriage is null and void on account of clandestinity. The case should be referred to the bishop, who will doubtless grant faculties to Caius or to the parish priest to revalidate the marriage and instruct him as to what he is to do. In the meantime Titius should not use marital rights, and it would be well if he kept away from home. In the possible case of Titius thinking in good faith that he was really married, he might be left in his good faith until the dispensation arrived. After the dispensation has been fulminated, the religious marriage should take place before the parish priest or his delegate and two witnesses.