How censures are absolved

WHEN a censure has been incurred, it does not cease as a rule merely by lapse of time or on the correction and amendment of the delinquent. The delinquent must obtain absolution of the censure from one who is competent to give it. In some cases, however, a censure is imposed as long as certain conditions last, and then on the termination of those conditions the censure lapses without absolution.

Any confessor in the tribunal of Penance may absolve from censures inflicted by law and not reserved to the Holy See or to the bishop. Censures, too, which are imposed ab homine but by a general precept or ordinance are in the same category, and may be absolved by any confessor unless they are reserved (Can. 2253, i).

Absolution for a reserved censure must be sought from him to whom it is reserved, or from his delegate. Similarly, absolution from a censure inflicted ab homine by a particular precept must be obtained from him who inflicted it, or from his superior, or successor in office, or from some one delegated by one of these to grant absolution (Can. 2253, ii).

If a confessor in ignorance of the reservation absolves a penitent from a censure and from sin, the absolution of the censure is valid provided that it is not a censure ab homine or a censure most specially reserved to the Holy See (Can. 2247, sec. 3).

If there is question of a censure which does not prevent the reception of the sacraments if he who is under censure is rightly disposed and has ceased to be contumacious, he can be absolved from his sins, while the censure remains unabsolved.

But if there is question of a censure which prevents the reception of the sacraments he who is under censure cannot be absolved from his sins unless he has previously been absolved from the censure.

The absolution of a censure in the sacramental forum is contained in the usual form of absolution for sins prescribed in the Ritual; in the non-sacramental forum it may be given in any way, but for the absolution of excommunication it is ordinarily advisable to use the form given in the Ritual (Can. 2250).

If absolution for a censure is given in the external forum it avails also for the internal forum; if it is given in the internal forum he who is absolved if there is no scandal can act as absolved also in the external forum; but unless the grant of absolution is proved or at least can be lawfully presumed in the external forum, the censure can be urged by the superiors of the external forum and the guilty party should obey them until absolution is obtained in the same forum (Can. 2251).

When treating of the sacrament of Penance in the chapter on reserved cases we saw that any priest has unrestricted faculties to absolve any penitent in danger of death, and that a simple confessor has very large powers in more urgent cases by Canon 2254.

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).

1076. • QUESTION 19. Can a Confessor absolve from all reserved censures?

Reply. Affirmatively, and there belongs to him full power of absolving from any censures whatsoever, whether imposed by law or by a man, in any manner and for any cause, even those reserved to the Ordinaries of places, or to the Pope and Apostolic See, or contained in the Bull Coenae, and otherwise reserved in any way. Observe, however, that the faculty of absolving from censures of the Bull Coenae does not include the faculty of absolving from heresy. St. Alphonsus, etc.

Question 9. If a confessor, ignorant of the reservation, absolves a penitent from censure and sin, is the absolution of the censure valid?

Resp. The absolution of the censure is valid, provided it is not a censure ab homine or a censure reserved in a most special mode to the Apostolic See (Can. 2247, § 3). - Cf. S. Off., 11 May, 1892.

I say 1°. Censures are not loosed by the repentance alone of the delinquent or by obedience toward the mandates of the Church, nor by the death of him who brought the censure; but absolution imparted by a legitimate judge or superior is necessary.

§ 1. Any censure, once contracted, is removed only by legitimate absolution.

§ 2. Absolution cannot be denied as soon as the delinquent has withdrawn from contumacy according to the norm of can. 2242, § 3; but he who absolves from a censure can, if the matter bears it, inflict for the perpetrated delict a congruous vindicative penalty or penance.

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

I say 2°. Neither from censures reserved a iure, nor from censures ab homine brought by a particular sentence, can simple confessors absolve, but only 1°. he who brought censures of this kind; 2°. his superior; 3°. his successor; 4°. another delegated by any one of these. The reason is that it belongs to him to absolve whose it is to bind. - But any confessor can absolve from censures a iure which are not reserved to the Pope or to the Bishop. - Cf. St. Alphonsus, nn. 70 and 72.

I say 3°. Any priest, even one not approved, can absolve from any censure those who are placed in the article of death. - Cf. below, Q. 9.

I say 4°. He is said to absolve in the internal forum or forum of conscience to whom the Superior has conceded the faculty of absolving, with the right of taking cognizance of that delict in the external forum and of imposing a penalty and satisfaction for it remaining safe.

If absolution of censure is given in the external forum, it affects both forums; if in the internal forum, the absolved person, scandal having been removed, can hold himself as such even in acts of the external forum; but unless the concession of absolution is proved or legitimately presumed in the external forum, the censure can be pressed by Superiors of the external forum, whom the guilty person must obey, until absolution shall have been obtained in the same forum (Can. 2251).

Absolution from censure given in the external forum takes it away both before the Church and before God; given in the internal forum, it takes it away before God, but not before the Church, because censure is a bond of the external forum, and although absolution in the internal forum takes it away before God, the Church can regard the person as censured in the external forum. Namely, perhaps it happens that someone has been censured on account of an occult delict; and such a one, for example a priest, must minister the sacraments to the faithful asking who do not know that he is bound by censure; nor is he himself held to defame and betray himself, which nevertheless he would have to do if he were obliged to deny the sacraments. And therefore provision must be made for both: namely, that censures not lose their medicinal force, and that the faithful receive the sacraments by the valid and licit action of the censured person. Accordingly there is this medium of absolution under certain conditions in the internal forum; but the Church can press the force of the censure until absolution is obtained in the external forum.

Question 9. Are those absolved in the article of death by a confessor lacking special faculty, although they themselves were bound by censures, held to furnish anything?

Resp. Those who, placed in danger of death, have received from a priest lacking special faculty absolution from some censure ab homine or from a censure reserved in a most special mode to the Apostolic See, are held, after they have recovered, by the obligation of recurring, under penalty of reincidence, to him who brought the censure, if there is question of a censure ab homine; to the Sacred Penitentiary or to a Bishop or another endowed with faculty, according to the norm of can. 2254, § 1, if concerning a censure a iure; and of obeying their mandates (Can. 2252).¹

¹ Cf. Addenda, p. 1111, n. 53.

Question 10. Can a censured person ever be absolved from sins without first having been absolved from censure?

Resp. A distinction must be made between censures which do not impede and those which do impede reception of the sacraments.

§ 1. If there is question of a censure which does not impede reception of the Sacraments, the censured person, rightly disposed and withdrawing from contumacy, can be absolved from sins, the censure remaining firm.

§ 2. But if there is question of a censure which impedes reception of the Sacraments, the censured person cannot be absolved from sins, unless he shall first have been absolved from censure (Can. 2250).

Question 11. Who can absolve from censures outside the article of death?

Resp. A. Outside danger of death the following can absolve:

1°. From a non-reserved censure, in the sacramental forum any confessor; outside the sacramental forum, whoever has jurisdiction in the external forum over the guilty person;

2°. From a censure ab homine, he to whom the censure is reserved according to the norm of can. 2245, § 2; but he himself can concede absolution, even if the guilty person has transferred his domicile or quasi-domicile elsewhere;

3°. From a censure reserved a iure, he who established the censure or to whom it is reserved, and their successors or competent Superiors or delegates. Wherefore from a censure reserved to a Bishop or Ordinary, any Ordinary can absolve his subjects, but the Ordinary of the place also sojourners; 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 simply reserved, or special, if reserved in a special mode, or finally most special, if reserved in a most special mode, with the prescription of can. 2254 remaining safe (Can. 2253).

B. § 1. In more urgent cases, namely if censures latae sententiae cannot externally be observed 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 that the competent Superior provide, then any confessor in the sacramental forum can absolve from the same censures, reserved in whatever way, with the burden of recurring enjoined, under penalty of reincidence, within at least a month by letter and through the confessor, if this can be done without grave inconvenience, the name being kept back, to the Sacred Penitentiary or to a Bishop or another Superior endowed with faculty, and of standing by his mandates.

§ 2. Nothing impedes the penitent, even after receiving absolution as above, and after recourse also has been made to the Superior, from approaching another confessor endowed with faculty, and from obtaining absolution from him, confession at least of the delict with the censure having been repeated; having obtained this, he may receive mandates from the same, without being held afterward to stand by other mandates supervening on the part of the Superior.

§ 3. But if in some extraordinary case this recourse is morally impossible, then the confessor himself, except the case in which there is question of absolution of a censure of which in Can. 2367, can concede absolution without the burden of which above, yet with those things enjoined which must be enjoined by law, and with a congruous penance and satisfaction imposed for the censure, so that the penitent, unless within a congruous time to be determined beforehand by the confessor he has done penance and given satisfaction, falls back into the censure (Can. 2254).

This canon (2254) declares itself; the case is more urgent if censures latae sententiae cannot be observed without danger of grave scandal or infamy (S. Off., 23 June 1886), or if it is hard for the penitent to remain in the state of grave sin for the time necessary that the superior provide, namely that the faculty of absolving from reserved censures be sought and conceded (16 June 1897), and that hard is rightly understood subjectively, with consideration of the penitent's disposition, according to which the confessor prudently judges that he sincerely wishes to obtain absolution as soon as possible; but any confessor will excite this disposition according to his powers; in the sacramental forum, therefore in the very administration of the sacrament; any confessor; wherefore henceforth these more urgent cases become like ordinary sins over which all confessors have power according to the canon rightly understood; the cases are censures latae sententiae, reserved in whatever way, whether papal, reserved to the Supreme Pontiff in a most special, special, or simple mode, or reserved by law to bishops, or episcopal censures reserved to themselves by the Ordinaries of places; he can absolve from the same; this absolution is direct, and touches all those cases (S. Penit., 7 Nov. 1888; 23 June 1886); not even the crime of attempted absolution of an accomplice is excepted; under penalty of reincidence into the same censures from which they have been absolved, for example, into simply or specially reserved censures, if they do not fulfill the burden enjoined: with the burden of recurring enjoined ... within at least a month by letter and through the confessor, if this can be done without grave inconvenience; but if a penitent passing by incidentally occurs to a missionary so that the missionary cannot see the penitent again, it suffices to exact from the penitent the promise of writing, with the name kept silent if he wishes, to the Sacred Penitentiary within a month, and of standing by its mandates, without the confessor himself writing (S. Penit., 7 Nov. 1885); this burden must be enjoined, even if the penitent has been perpetually impeded from personally going to Rome; nevertheless there can be cases in which the penitent can be absolved directly by a simple confessor without the burden of writing: 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 (S. Off., 9 Nov. 1898); 2°. when the penitent, unable to write, cannot present himself to the same confessor by whom, by force of the decree of 1886 and 1897, he was absolved, and it is hard to approach another confessor. Therefore the burden of recurring presses, if this can be done without grave inconvenience; the burden of recurring within a month, at least by letters and through the confessor. Cf., however, § 3, the last clause.

Now episcopal censures can be treated in the same way, with the same burden.

Recourse can be made either to the Sacred Penitentiary or to a bishop or another superior endowed with faculty, with the burden of standing by his mandates.

But such a penitent is certainly able to approach another confessor endowed with faculty, and to confess to him that delict to which the censure is added; and to be definitively absolved by him, even if recourse has already been made to the superior; having obtained absolution from that new confessor himself, and having received mandates from the same, he is not held to stand by the mandates of the superior which are about to supervene. There are cases, as we have seen, which the Congregations have admitted as exceptions to the Decree of 2 June 1886. These now are found in the explanation of the first paragraph. S. Off., 9 Nov. 1898; 7 June 1899; 5 Sept. 1900.

But if an extraordinary case happens in which recourse truly cannot be made, morally speaking, excepting the case of attempted absolution of an accomplice, the confessor can absolve without the burden of recurring; with those things enjoined which by law are to be enjoined, namely, besides withdrawal from contumacy, satisfaction to the injured party, reparation of public scandal, must be enjoined; and a congruous penance is to be imposed, so that the penitent falls back into the censure if, within a congruous time to be determined beforehand by the confessor, he has not done penance.

II. QUESTION II. Of how many kinds is absolution from a censure? ANSWER. One is absolute, by which the guilty party is absolutely loosed from the bond. Another conditioned, which depends upon a condition either past or present, as if thou hast satisfied the party, if thou shalt satisfy. Another absolution is called for caution, as when someone doubts that he is affected by a censure; which absolution can be imparted by any confessor whatsoever, a promise being made of furnishing satisfaction to the party, or of approaching the superior when the truth is discovered. Others are called with relapse, or with the penalty of falling back into the same censure, unless he who is absolved shall have performed what is imposed. Another is from one determinate effect, the rest being left, as when the Pontiff absolves someone and renders him fit for obtaining a benefice or another privilege. Without one of these absolutions a censure does not cease, neither by the death of the Superior passing it, nor by change of territory, nor by the death of the excommunicate: for the contrary opinion has been condemned by Alexander VII, no. 4: As regards the forum of conscience, the guilty party being corrected and his contumacy ceasing, the censure ceases.

VIII. QUESTION IV. Who can absolve from censures passed by man? ANSWER. He can absolve who passed the censure by a particular sentence against a determinate person, or a superior, or delegates. The same very many hold, if the censure was passed by man by way of a general sentence, precept, or statute for the avoiding of future delicts. But others more probably teach that from these censures not reserved, though passed by man, any confessor whatsoever can absolve, just as from censures passed by law.