Case 22. An Empty Distinction

Caius, a priest, prostrate at the feet of Titius, his confessor, confesses that he solicited a certain penitent to a grave shameful sin in the sacred tribunal, and that afterwards, when she confessed that sin to him, he directly absolved her from her other sins and indirectly from the sin of complicity, in regard to which he declares that he knew well that he had no jurisdiction and did not intend to absolve it. Titius absolves Caius, although solicitation in the sacred tribunal is a sin reserved by the Ordinary, because on the following day the penitent is bound by his office to celebrate for the people; nevertheless, he does not know whether the burden of writing to Rome must be imposed upon him as one bound by the censure of excommunication on account of the absolution given to an accomplice. Hence it is asked:

1. What is the reservation of cases, and what is its purpose?

2. Whence are reserved cases known?

3. What ought a confessor hearing a reserved sin to do?

4. What is to be said of the case?

1. What is reservation of cases, and what is its purpose? Reservation of cases is a limitation of jurisdiction which the confessor retains with regard to other sins, although it is denied with regard to reserved sins. The purpose of reservation is the discipline of the Christian people, that namely that they may be deterred from committing reserved sins because of the difficulty of obtaining absolution, and that whoever commits them may have a more expert confessor.¹

1 Manual of Moral Theology, vol. ii, 192

2. From what are reserved cases recognized?

Papal cases are almost all contained in the Constitution of Pius IX Of the Apostolic See, except one concerning false accusation of solicitation, which is contained in the Constitution of Benedict XIV The Sacrament of Penance, and another concerning Mass stipends in the decree of the Sacred Congregation of the Council of 11 May 1904. Episcopal cases are found in the papers which the bishops grant to confessors. Cases of the Regulars are found in their Constitutions and rules.

3. What should a confessor do when hearing a reserved sin?

‘Outside the article of death,’ says the Council of Trent (Sess. XIV, c. 7), ‘priests, when they can do nothing in reserved cases, strive to persuade penitents to go to superiors and legitimate judges for the benefit of absolution.’ Often, however, out of charity the confessor will be bound to obtain special faculties so that he himself may absolve the penitent burdened with the reserved sin.

4. To the case. Caius solicited a penitent to a shameful sin in the sacred tribunal, which sin was reserved to the Bishop. Furthermore, he afterwards absolved his accomplice from other sins, not intending to absolve her from the sin of complicity; then he confessed his own sins to Titius. Titius did rightly by absolving Caius because of the necessity in which he found himself of celebrating for the people on the following day. The absolution of the sin reserved to the Bishop was indirect, and therefore Caius is held to obtain direct absolution either from the Bishop

DISTINCTIO INANIS

—Bishop or from one delegated by him. Caius gave absolution to his accomplice and thus fell into a case reserved to the Supreme Pontiff, for he attempted to absolve his accomplice and could not, by his own mere intention, restrict the absolution to the other sins, because it does not depend upon the priest’s intention to which of the sins confessed the absolution given by him ought to extend. Furthermore, he pretended to absolve the penitent who was his accomplice and for this reason incurred the censure. Hence he will be bound within a month to present himself to the Sacred Penitentiary and obey its commands.