Chapter III. On Remission of Censure

I. The act of remitting. Any censure, once contracted, is removed only by legitimate absolution (canon 2248, § 1). Besides, note:

1. A censure removed through absolution does not revive except in the case in which a burden imposed under penalty of reincidence has not been fulfilled (canon 2248, § 3).

2. If someone is held by several censures, he can be absolved from one, the others in no way being absolved (canon 2249, § 1).

3. One seeking absolution must indicate all cases; otherwise the particular absolution is valid only for the case expressed. But if the absolution, although a particular petition had been made, was general, it is valid also for cases withheld in good faith, except for a censure reserved to the Apostolic See in the most special manner, but not for those withheld in bad faith (canon 2249, § 2).

4. Regarding the connection of remission of censure with sacramental absolution, observe:

a) If there is question of a censure which does not impede reception of the Sacraments, for example of suspension, the censured person, duly disposed and withdrawing from contumacy, can be absolved from sins, the censure remaining firm (canon 2250, § 1).

b) But if there is question of a censure which impedes reception of the Sacraments, the censured person cannot be absolved from sins unless he has first been absolved from the censure (canon 2250, § 2). It is said cannot be absolved, that is, cannot be absolved licitly; but he is absolved validly unless the penitent knows that he cannot be licitly absolved and therefore is indisposed. If the censure is reserved, the sin to which the censure is annexed is also reserved; nevertheless, since it is not reserved by reason of itself, the confessor does not lack jurisdiction over it; hence absolution, even granted in bad faith, directly absolves the penitent even from the reserved sin, unless again the penitent knows that he cannot be licitly absolved and therefore is indisposed (St. Alphonsus VII, 158, 159).

II. Power of absolving. 1. In ordinary circumstances absolution can be granted as follows:

a) From a non-reserved censure, in the sacramental forum, any confessor can absolve; outside the sacramental forum, anyone who has jurisdiction over the guilty person in the external forum can absolve (canon 2253, n. 1).

b) From a censure ab homine, he who inflicted the censure or issued the sentence, or his competent Superior, or successor, or delegate, can absolve; moreover, he can grant absolution even if the guilty person has transferred his domicile or quasi-domicile elsewhere (canon 2253, 2°).

c) From a censure reserved by law, he who constituted the censure or to whom it is reserved can absolve, as can their successors or competent superiors or delegates. Therefore:

alpha) From a censure reserved to the Bishop or Ordinary, any Ordinary can absolve subjects; but the local Ordinary can absolve also travelers.¹

beta) From a censure reserved to the Apostolic See, both the Apostolic See itself can absolve, and others who have obtained from it the power of absolving, whether general if the censure is reserved simply,² or special if it is reserved in a special manner, or finally most special if it is reserved in a most special manner (canon 2253, n. 3).

Note. Cardinals, by force of privilege, validly absolve any penitents whatever throughout the world from all sins and censures, even reserved ones, except only censures reserved to the Apostolic See in the most special manner and those which are annexed to the revelation of the secret of the Holy Office (canon 239, § 1, 1° and 2°).³ - The canon penitentiary, both of a cathedral church and of a collegiate church, obtains by law ordinary power, which however he cannot delegate to others, of absolving even from sins and censures reserved to the Bishop, in the diocese even outsiders, and diocesan persons even outside the territory of the diocese (canon 401, § 1). - Finally, a priest chosen by a Cardinal as confessor for himself and his household can absolve them from the same sins and censures from which Cardinals can absolve (canon 239, § 1, 2°). The same must be said, also as concerns cases reserved to the local Ordinary, of the priest whom the Bishop has chosen as confessor for himself and his household (canon 349, § 1, 1°).

2. In more urgent cases any confessor in the sacramental forum can absolve from censures latae sententiae reserved in any manner whatever, with the burden imposed under penalty of reincidence of having recourse, the name withheld, to the Superior and of standing by his commands (canon 2254, § 1). It is said:

a) In more urgent cases. A case is urgent if censures latae sententiae cannot be observed externally without danger of grave scandal or infamy, or if it is hard for the penitent to remain in the state of grave sin for the time necessary for the competent Superior to provide (cited canon).

b) From censures latae sententiae reserved in any manner whatever; therefore it is doubted whether the faculty extends itself to a censure ab homine, contracted by force of a particular precept, if it is latae sententiae. Now this seems to have to be denied; for if it extended itself to that censure, surely, just as in canon 2252, both it would be expressly named and mention would explicitly be made of it in the recourse to be instituted after absolution.

c) With the burden imposed, under penalty of reincidence, of having recourse. Moreover, recourse must be made within a month, at least by letter and through the confessor, if this can be done without grave inconvenience (cited canon).

d) To the Superior, that is, to the Sacred Penitentiary or to the Bishop or another superior endowed with the faculty (cited canon). But notice that recourse can then be made even to the Bishop only if he is endowed with the faculty.⁴ Recourse cannot be made to just any subdelegate.⁵

e) And of standing by his commands; this likewise seems imposed under penalty of reincidence.⁶

Note 1. Nothing prevents the penitent, even after absolution accepted as above, and after recourse also has been made to the Superior, from approaching another confessor endowed with the faculty, and from obtaining absolution from him after the confession at least of the delict with the censure has been repeated. Once that absolution has been obtained, he may receive commands from the same confessor, without being bound thereafter to stand by other commands subsequently arriving on the part of the Superior (canon 2254, § 2).

Note 2. But if in some extraordinary case this recourse is morally impossible, then the confessor himself, except in the case of a censure contracted from true or fictitious absolution of an accomplice, can grant absolution without the burden mentioned above, nevertheless imposing those things which must be imposed by law, and imposing a congruous penance and satisfaction for the censure, so that the penitent, unless within a congruous time to be fixed beforehand by the confessor he has done penance and given satisfaction, falls back into the censure (canon 2254, § 3).

It is said: But if... this recourse is morally impossible. Moreover, it is morally impossible: 1° when "neither the confessor nor the penitent can send a letter to the Sacred Penitentiary and it is hard for the penitent to approach another confessor";⁷ indeed, 2° when only the confessor can write, but it is morally impossible for the penitent to return to him, and it is hard to approach another confessor.⁸

It is said: Except in the case of a censure contracted from absolution of an accomplice. Hence the confessor cannot grant absolution to a priest offending in this way without the burden of having recourse; therefore the obligation remains until it has been fulfilled. But if both the confessor and the penitent here and now cannot satisfy the obligation physically or morally - suppose on account of sickness or inability to write - the penitent is excused until the impediment has ceased (n. 414).

For the formula of having recourse, see n. 415.

3. In danger of death, from whatever cause it proceeds, all priests, although not approved for confessions, validly and licitly absolve any penitents whatever from any sins or censures, however reserved and notorious, even if an approved priest is present; except, only as to liceity, the case of absolution of an accomplice when another priest is present (canon 882). Nevertheless:

a) Those who, placed in danger of death, have received absolution from some censure ab homine or from a censure reserved to the Apostolic See in the most special manner from a priest lacking the special faculty, are bound by the obligation of having recourse (canon 2252).

b) Recourse must be made to him who issued the censure, if there is question of a censure ab homine; to the Sacred Penitentiary or to the Bishop or another endowed with the faculty, if there is question of a censure a iure (cited canon).

c) Recourse obliges under penalty of reincidence (cited canon); moreover, it seems to press from the time of recovered health. Finally, one must stand by the commands received in the recourse (cited canon), and indeed, as it seems, under penalty of reincidence.⁹

Note. If one absolved from a reserved censure ab homine should prefer after recovered health to seek absolution again, for example from a delegate (canon 2245, § 2), rather than to have recourse to him who issued the censure, this is certainly licit for him.

4. Finally, regarding absolution from censure, let these things be noted concerning supplied jurisdiction:

a) In common error or in a positive and probable doubt, whether of law or of fact, the Church supplies for both the external and internal forum (canon 209).

b) When the power of absolving for the internal forum has been granted, an act placed through inadvertence after the time has elapsed or the number of cases has been exhausted is valid (canon 207, § 2).

c) If a confessor, ignorant of the reservation, absolves a penitent from censure and sin, the absolution from the censure is valid, provided it is not a censure ab homine or a censure reserved to the Apostolic See in the most special manner (canon 2247, § 3).

¹ Regular confessors have this power, but delegated by force of privilege, even those who are not Ordinaries or local Ordinaries.

² Ordinaries have this ordinary power in occult cases, as was said in n. 861.

³ From canon 239, § 1, 2°, it seems to follow that Cardinals cannot delegate this power; otherwise this number 2° would be superfluous; indeed, because the privileges of canon 239 are to be judged personal (cf. II Monitor ecclesiasticus 1919, p. 308).

⁴ Pontifical Commission, November 12, 1922, to VIII (A.A.S. 1922, p. 663).

⁵ Cf. Holy Office, December 19, 1900.

⁶ Response of the Holy See, March 30, 1892, to 3 (A.S.S. XXIV, p. 746).

⁷ Holy Office, November 9, 1898 (Collectanea, n. 2023).

⁸ Holy Office, September 5, 1900, compared with June 7, 1899 (Collectanea, nn. 2095, 2052). The danger that letters may be opened does not excuse from recourse, since inconveniences are sufficiently forestalled by suppression of the name and pronoun.

⁹ Response of the Holy See, March 30, 1892, to 3 (A.S.S. XXIV, p. 746).

III. Obligation of absolving. Absolution cannot be denied as soon as the delinquent has withdrawn from contumacy according to the norm of canon 2242, § 3 (n. 862); moreover, the one absolving from a censure can, if the matter bears it, inflict a congruous vindicative penalty or penance for the perpetrated delict (canon 2248, § 2).

IV. Form of absolving. Absolution from censure in the sacramental forum is contained in the accustomed form of absolution from sins, prescribed in the ritual books;¹ in the non-sacramental forum it can be given in any manner whatever, but for absolution from excommunication it is regularly fitting to use the form handed down in the same books² (canon 2250, § 3).

¹ "May Our Lord Jesus Christ absolve you," etc.

² Roman Ritual, title III, chapter 3, n. 7: "May Our Lord Jesus Christ absolve you; and I, by His authority and by the authority committed to me by our most holy Lord the Pope (if he was delegated by the Pope), or: by the most reverend Bishop N., or by such-and-such Superior, absolve you from the bond of excommunication into which you have fallen (or: have been declared to have fallen), because of such-and-such deed (or: such-and-such cause, etc.); I restore you to the communion and union of the faithful, and to the holy Sacraments of the Church, in the name of the Father, and of the Son, + and of the Holy Spirit. Amen."

V. Effect of absolution in relation to the forum for which it is valid. 1. If absolution from censure is given in the external forum, it affects both forums (canon 2251).

2. If in the internal forum, the absolved person, scandal having been removed, can bear himself as such also in acts of the external forum; but unless the granting of absolution is proved or at least legitimately presumed in the external forum, the censure can be urged by Superiors of the external forum, whom the guilty person must obey, until absolution has been obtained in that same forum (cited canon).