Absolution from Episcopal Cases

On this matter a recent decree of the holy see must be noted; however, it treats only of sins which bishops reserve to themselves, not likewise of cases reserved by law to bishops, nor does it touch in any way the reservations of regular superiors. The Code of Canon Law is also added.¹

¹ Holy Office, July 13, 1916. Cn. 899, 900.

363. Who Can Absolve.¹ 1. By ordinary power, or by the law itself, he can absolve from episcopal cases:

a. The one reserving, his successor in office, his superior who has jurisdiction over the subjects of the one reserving, the vicar general, and finally the penitentiary canon, even of a collegiate church.

b. The parish priest and those who in law are considered in the name of a parish priest, throughout the whole time of the paschal precept.

c. Missionaries (but not likewise other confessors), at the time when they have a mission to the people.

2. By delegated power:

a. Vicars forane (deans), to whom the ordinary ought to grant the faculty, with the power of subdelegating, especially in places distant from the episcopal see, confessors of their district, whenever these have recourse to them for a more urgent and determinate case.

b. All to whom the ordinary has granted delegated power, which nevertheless he should not impart to anyone at all and indiscriminately.

¹ Cn. 899, 900.

364. When Reservation Ceases. 1. Reservation ceases by the law itself:

a. In the confession of the sick, who cannot leave the house.

b. In the confession of spouses, who confess for the sake of entering marriage.

c. If the superior has denied the requested faculty of absolving for some determined case.

It had already been established long ago that, if a regular superior denies to a confessor who asks it the faculty of absolving from a case reserved in his order, the confessor can absolve, unless scandal or common harm is feared which cannot be removed without the matter being manifested to the superior.¹

d. If, in the prudent judgment of the confessor, the faculty cannot be sought from the superior without grave inconvenience of the penitent, or without danger of violating the seal.

Grave inconvenience of the penitent is considered to be present: a. if otherwise the penitent would give scandal; b. if he would incur infamy; g. if otherwise he would have to remain long in mortal sin and this would be hard for him; d. if the precept of paschal communion, or in a priest the necessity of celebrating, urges.

e. Outside the territory of the one reserving, even if the penitent departed from it only in order to obtain absolution.

Therefore travelers can be directly absolved by any confessor from sins and censures reserved in their own diocese, but not likewise from sins and censures reserved in the diocese in which they confess, where they are treated as inhabitants of the place.

f. In danger of death. See n. 366, 5.

2. Reservation ceases by absolution:

a. By valid absolution given by him who has ordinary or delegated power of absolving from reserved sins.

Therefore any confessor can absolve from reserved sins from which the penitent has already once been directly absolved, if they are again submitted to the keys.

b. By confession, even invalid or sacrilegious, before a confessor having power over reserved matters, in which the reserved sin is accused; for the legitimate superior has already judged concerning the reserved sin, and the penitent has already received a congruous penance, which indeed in this case he is bound to fulfill, even if the confession was null.

c. By a valid confession before a confessor having power over reserved matters, in which the reserved sin is not accused through forgetfulness; this opinion is probable and therefore practically safe.

The reason for this opinion is this: reservation can be removed by indirect absolution if the confessor, furnished with due power, wills this; but it is to be presumed that the confessor wills to free a rightly disposed penitent from reservation, since he wishes to help him as much as he can (in quantum possum et tu indiges). Wherefore the penitent afterward can be duly absolved by a simple confessor from that sin which, equally as in the former case, remains necessary matter of confession.²

d. By confession of a doubtfully reserved sin before a simple confessor, even if afterward it is known to be certainly reserved; for this sin has already been directly remitted, the Church supplying jurisdiction.

What is to be done if a simple confessor, through inadvertence or ignorance, absolves from a reserved case:

a. If he absolves from a censure and sin reserved to the pope, the absolution of the censure is valid, provided it is not a censure ab homine or a censure reserved in a most special manner.³

b. If he absolves from an episcopal case, he should attend to the statutes of the diocese; for in many dioceses jurisdiction is conferred on the confessor in this case, so that he can directly absolve a penitent existing in good faith. But if nothing of this kind has been established:

a. The penitent who afterward knows that he was only indirectly absolved from a reserved sin should either return to the confessor and ask him to obtain for him the faculty of absolving, or approach another confessor having power over reserved matters and confess again the sin only indirectly remitted.

b. The confessor should admonish the penitent about the error committed, if this can easily be done, e.g., if he returns to confession, so that that error may be repaired. Or better, he should at once seek the faculty of absolving from that sin and see to it that the penitent returns again to confession and accuses himself at least in general of that sin, and he should absolve him, even if the penitent has not been warned about the error. But if he cannot easily either admonish or absolve the penitent, he should leave him in good faith.

¹ Thus Clement VIII established, as Urban VIII testifies in the constitution Sanctissimus, September 21, 1624. Cf. Ballerini-Palmieri V, n. 456.

² It is certain that in the time of jubilee even those who do not confess through forgetfulness a reserved sin or a censure incurred are freed from reservations and censures. For in this case the privilege of absolving is certainly granted, so that all penitents may be freed from their reservations and censures, provided they have duly fulfilled the works prescribed for gaining the jubilee (n. 332).

³ Cn. 2247, 3.

365. For Practice. 1. If the penitent brings forward a reserved case immediately before he accuses further things, he must be examined as to whether he sinned with sufficient deliberation and therefore mortally, whether the conditions required for incurring the reservation are present, and, if there is need, whether he knew that the sin was reserved. But if it is established that the sin is reserved, the penitent must be told to approach the superior or a privileged confessor, or, if he refuses this, to return after a few days to obtain absolution, for the conferring of which the confessor in the meantime will obtain for himself the necessary power.

2. If the penitent promises that he will return to the same confessor, the interrupted confession must be completed, lest the things already accused have to be repeated. It suffices that, when returning to obtain absolution, he accuse himself in general of those things which he had already confessed before.

3. Ordinarily it is advisable that the confessor himself obtain from the legitimate superior the faculty of absolving, and free the penitent from the burden either of approaching one who has power or of writing to the superior.¹

4. A priest who has presumed to hear confessions without the necessary jurisdiction is by that very fact suspended from divine offices; but he who has presumed to absolve from reserved sins is by that very fact suspended from hearing confessions.²

5. A confessor presuming to absolve without the due faculty from an excommunication latae sententiae reserved to the apostolic see in a most special or special manner, by that very fact incurs an excommunication simply reserved to the apostolic see.³

¹ Form of writing, by which the faculty of absolving from a reserved case is requested. Most Reverend and Most Illustrious Lord. - Titius has fallen into a case reserved in our diocese under n. IV (or: into an excommunication reserved to the pope in a special manner under n. 2). Since he repents of the deed, he humbly asks absolution. Let the rescript kindly be directed to me, the undersigned confessor, most humble servant N. N. in N. N.

² Cn. 2366.

³ Cn. 2338.

598. Efficacy of reservation. - A. For reserved sins. From the warning of can. 899 the efficacy of reservation can be sufficiently obtained, which nevertheless is at the same time circumscribed there:

"§ 1. Once reservations have been established which they have judged truly necessary or useful, let the Ordinaries of places take care that these be brought to the knowledge of subjects in whatever way seems better to them, and let them not impart the faculty of absolving from reserved cases to anyone and indiscriminately (but only to select confessors).

"§ 2. But the faculty of absolving of this kind belongs by the law itself to the penitentiary canon according to the norm of can. 401, § 1, and let it be habitually imparted at least to vicars forane (i.e., deans), with the faculty added, especially in places of the diocese more remote from the episcopal see, of subdelegating, as often as needed, confessors of their district, if and when, for some more urgent determinate case, they have recourse to them.

"§ 3. By the law itself, from cases which Ordinaries in whatever way have reserved to themselves, absolution can be given both by parish priests or others who are reckoned in law under the name of parish priests (n. 580), during the whole time (even legitimately anticipated or prorogued) useful for fulfilling the paschal precept (even if confession is not made for fulfilling the precept), - and by individual missionaries during the time when missions (and perhaps those spiritual exercises given collectively which are equated with them) happen to be held for the people (not for a particular institute, or association, or group, e.g., of clergy)."

B. For reserved censures. Canon 2253 should be attended to:

"Outside danger of death they can absolve:

"From a censure ab homine, the one to whom the censure is reserved...; moreover he himself can grant absolution, even if the guilty party has transferred his domicile or quasi-domicile elsewhere.

"From a censure reserved a iure, the one who established the censure or to whom it is reserved, and their successors or competent superiors or delegates. Wherefore from a censure reserved to the Bishop or Ordinary, any Ordinary can absolve his subjects, and the Ordinary of the place also pilgrims; - from one reserved to the Apostolic See, this See or others who have obtained from it the power of absolving, whether general, if the censure is reserved simply, or special, if it is reserved in a special manner, or finally most special, if it is reserved in a most special manner."

Nevertheless: 1) "In occult cases... the Ordinary can remit, by himself or through another (namely, a confessor delegated for this), latae sententiae penalties established by common law, except censures reserved to the Apostolic See in a most special or special manner" can. 2237, § 2.

2. Regular confessors who are mendicants, and those who participate in the privileges of mendicants, can absolve from cases reserved to the Ordinary, not indeed by their own authority, but reserved by law, as, for example, from the procuring of abortion.

599. Practical observations. - 1. The instructions of the Code about what is to be observed in establishing reservation are generally general norms according to which Ordinaries must act in their legislation, rather than laws which the Supreme Pontiff himself directly imposes. And therefore if bishops have not changed diocesan laws, or establish new reserved cases beyond the indicated norms, they must nevertheless be obeyed. But the dispensations indicated in can. 899 and 900 can be applied.

In Belgium there are no longer sins reserved by bishops, although by the Council of Mechlin (Acts n. 205) it is foreseen that they can be introduced.

2. For pilgrims, vagi, and religious, who are absolved by force of jurisdiction received from the Ordinary of the place, there always and solely exists the reservation in force in the place of confession. For they are absolved from the jurisdiction of the Ordinary of the place in which they confess (can. 874 and 881); this jurisdiction is affected by the reservation in force there, since reservation directly restricts the power of the confessor (can. 893). - On the contrary, parish priests outside the diocese can absolve their subjects from cases reserved by another bishop; and perhaps from those reserved to their proper Ordinary, since some do not hesitate to assert this.

3. When the penitent accuses a reserved sin, immediately let the confessor inquire whether all the conditions necessary for incurring the reservation are present or not. If it is established that the sin is truly reserved, and at the same time the confessor lacks the due faculties, let him warn the penitent either to approach the superior or a special confessor, or to return after a few days, namely when the necessary faculties will have been obtained, which penitents generally prefer; - unless, however, it is a more urgent case, because then the reservation ceases: respectively, for a sin reserved by reason of itself according to can. 900; for a reserved censure according to the norm of can. 2254.

But if the penitent has been ignorant of the reservation, he must be instructed about it, so that he may conceive horror of the sin.

4. The confessor, in order that he may comply with the end of reservation, should inflict serious correction upon the penitent, impose a suitable satisfaction, and furnish opportune remedies for the sin.

But one absolving from censures, especially reserved ones, must impose those things which are required by law or by mandate, namely: 1) real satisfaction for the damages of the injured person; 2) reparation of scandal; 3) penance, besides the sacramental penance, namely canonical and indeed suitable, which sometimes is required to be long, grave, and lasting (cf. can. 2242, § 3; 2254, § 3; 2312).

5. Absolution from reserved cases can be given directly or indirectly:

directly, when the reserved sin is expressly declared to a confessor who has the faculty of absolving from reserved cases; such also is a simple confessor in a more urgent case in which, according to can. 900 or 2254, the reservation ceases;

indirectly, when, without sacrilege, it either is not declared, or is declared to a simple confessor who cannot absolve from reserved cases: then it is remitted indirectly if at the same time other sins are declared from which the penitent is directly absolved.

Hence a confessor lacking a special faculty who knowingly, outside a case of necessity, absolves from reserved cases, sins gravely by violating the laws of the Church in a grave matter; indeed he incurs suspension according to can. 2366, and if he presumes so to absolve from excommunication reserved in a most special or special manner, he incurs excommunication simply reserved to the Pope (can. 2338, § 1). Nevertheless the absolution is valid, if another sin has been declared together with the reserved sins; for when the non-reserved sin is directly absolved, the others are indirectly remitted. A simple confessor who acts thus, just as also he who absolves from inadvertence from a reserved case (besides the exception established by can. 2247, § 3), must correct this error according to his powers. Therefore he must warn the penitent about the reservation, if he easily can, so that the error may be repaired and the sin again declared to the superior or his delegate in order to obtain its direct remission; otherwise let him leave him in good faith, since in the next confession he can be absolved indirectly from this sin and obtain its remission together with that of the other sins, or perhaps he has already obtained it.

6. A penitent omitting a reserved sin from inculpable forgetfulness in a confession made to a privileged confessor is validly absolved. Yet afterward he is bound in confession to manifest the omitted sin, but this is probably no longer reserved. The reason is that a privileged confessor is considered to absolve, as far as he can, a penitent rightly disposed. Therefore he is considered to absolve him indirectly from the reservation, because he has this power. - The matter stands somewhat otherwise if the penitent has confessed invalidly or sacrilegiously. It is certain, if he has kept back the reserved sin, that it has not been remitted. But if the reserved sin was manifested, and nullity or sacrilege occurred because of another cause, the reservation itself seems to have been removed, since the one having the faculty of absolving judged rightly concerning it and imposed a suitable satisfaction, which in the case must always be fulfilled. Therefore in the following confession the penitent must repeat the whole accusation and confess the sacrilege committed, but now he can be absolved by a simple confessor.

An exception is made if, in the time of a Jubilee, he has sacrilegiously confessed a reserved sin to a simple confessor; for in the time of a Jubilee only those penitents enjoy the privilege of receiving absolution from any confessor who wish to fulfill all things which are prescribed for gaining the Jubilee. But first of all a good confession is prescribed.

1. Nevertheless, from a special disposition, priests who absolved adherents to the "French Action" and were absolved when the reservation ceased, within a month from the day of obtained absolution or recovery, had to recur to the Sacred Penitentiary under penalty of excommunication specially reserved to the Supreme Pontiff. But from July 10, 1939 that disposition was revoked for the future.

1. Concerning the manner of acting with excommunicated persons, see several other things in our little work Questions concerning Various Categories of Penitents, c. 3, q. 8.