ASK FATHER: Validity of absolution of accomplices in sexual sins and the censures – revisited in light of Amoris laetitia fn. 351

Today I had a somewhat protracted session of texting concerning censures for certain sins against the 6th Commandment of the Decalogue. For example, what happens to a priest who in the context of the Sacrament of Penance (and by extension internal forum counsel) would “sollicit” from the penitent sins against the 6th (sexual sins). Also, what would happen were a priest to absolve an “accomplice” of a sin against the 6th.

As it turns out, I wrote something about this some years ago.

What is really disturbing about this are the implications for those priests who, because of their liberal, modernist interpretation of infamous footnote 351 in Amoris laetitia, have in fact themselves incurred censures because they advised penitents that they could have sexual relations in an objectively adulterous relationship.   As below…

If a priest suggests to someone in the confessional that she can have sexual relations with a person who is not truly her husband, the the priest become an accomplice in a sin against the Sixth Commandment!  The priest is an accomplice by facilitating, approving of, the sin that the woman would soon commit upon his advice in the confessional.  The priest, an accomplice in this case, a kind of “middleman”, would incur the suspension.  The priest didn’t do the deed, as it were, but his advice was a key element.

So, if – in the context of the 15 minutes on the 4th Saturday of the month scheduled confession time – Fr. “Just call me Bruce” Hugalot at St. Idealia (part of the “Engendering Togetherness Community of Welcome” cluster of the Diocese of Libville) tells Cindy Lou, now shacked up with Thing 2 after leaving her legitimate husband Thing 1, that she can have sex with Thing 2, he could incur the censure foreseen in can. 1378 because it involves absolution of an “accomplice” in a sin contra sextum (can. 977).

It doesn’t pay to be a modernist.  As a matter of fact, it’s spiritually dangerous.

Here is my old post.  In the comments under that post, by the way, I got approbation from canonist Ed Peters, who also posted a link to something pertinent that he wrote.


confessional print adjustedFrom a reader…

QUAERITUR:

I have two questions about c. 977, which bars a priest from absolving an accomplice in sins against the sixth commandment of the Decalogue except in danger of death (on pain of excommunication, per c. 1378).

First, is the term “accomplice” to be understood as referring strictly to those who have taken part in impure acts with the priest, or does it extend to those who have been accomplices in other ways, such as a wingman or pimp, or a brother priest who has learned of what he’s done and responded with a high five?

Second, the canon mentions absolving the accomplice, not strictly absolving the sins[For example, absolving a censure and not a sin?] Is a priest barred, except in danger of death, from absolving someone with whom he has ever sinned against chastity?

This is a disgusting topic.  However, in light of some of the antics of certain infamous priests reported recently in the media, we need some straight talk.

Canon 977 says:

The absolution of a partner in a sin against the sixth commandment of the Decalogue [Absolutio complicis in peccato contra sextum Decalogi] is invalid, except in danger of death.

That’s pretty straight forward on one level.

In just one scenario, say a priest tells a person, “It’s okay. I’ll give you absolution afterward”, that absolution would be invalid.  In another scenario, say a priest has some sexual contact with a person and then, later, sees that person on the pavement bleeding out after having been struck down by a flying shark from one of those shark-filled tornadoes. He could give absolution validly because there is danger of death.  In another scenario, the priest’s accomplice winds up days later in the priest’s confessional and confesses the sin, the priest does not validly absolve.

Let’s also make a distinction.  There are ways in which we can participate in the sin of another person.  You suggest some in your question.  The ways in which we can also share in the guilt of another person’s sin are:

  1. By counsel (to give advice, one’s opinion or instructions.)
  2. By command (to demand, to order, such as in the military.)
  3. By consent (to give permission, to approve, to agree to.)
  4. By provocation (to dare.)
  5. By praise or flattery (to cheer, to applaud, to commend.)
  6. By concealment (to hide the action, to cover-up.)
  7. By partaking (to take part, to participate.)
  8. By silence (by playing dumb, by remaining quiet.)
  9. By defense of the ill done (to justify, to argue in favour.)

So, say a priest – this is so disgusting – gets set up by another person, a “middleman” with someone for sins against the Sixth Commandment.  Can the priest absolve the “middleman” validly?  I would say that the absolution would be invalid.  Even though the priest would have sinned with a different person, the middleman was also an accomplice.  The middleman was certainly a participant in the sin of the priest and other person by providing #1 in the list above.

One of the reasons why I conclude in this way is because of a situation that arose in the wake of dissent from Humanae vitae back in the 60s and which is surely revving up against in light of the confusion caused by Amoris laetitia.

Let’s consider can. 1378:

Can. 1378 §1. A priest who acts against the prescript of can. 977 [above] incurs a latae sententiae excommunication reserved to the Apostolic See.

§2. The following incur a latae sententiae penalty of interdict or, if a cleric, a latae sententiae penalty of suspension:

[…]

2/ apart from the case mentioned in §1, a person who, though unable to give sacramental absolution validly, attempts to impart it or who hears sacramental confession.

[…]

So, unless there is danger of death (when a priest can validly absolve), if a priest tries to absolve an accomplice, the absolution is not only invalid, he automatically incurs an excommunication (the lifting of which is reserved to someone with faculties from the Holy See), and he is automatically suspended from the exercise of Holy Orders.

Let’s move to the next step.

In the wake of Amoris laetitia, which is objectively ambiguous, some priests hold – probably as they did before Amoris – that the civilly divorced and civilly remarried, or indeed those who are living together in some arrangement or other outside of true marriage, can have sexual relations and also receive Communion.

If a priest suggests to someone in the confessional that she can have sexual relations with a person who is not truly her husband, the the priest become an accomplice in a sin against the Sixth Commandment!  The priest is an accomplice by facilitating, approving of, the sin that the woman would soon commit upon his advice in the confessional.  The priest, an accomplice in this case, a kind of “middleman”, would incur the suspension.  The priest didn’t do the deed, as it were, but his advice was a key element.

Working our way back, I think that were a priest to try to absolve a “middleman” who arranged for the same priest someone with whom he might sin against the Sixth, the priest could not validly absolve that “middleman”, who is a key accomplice in the sin.

How about someone, a “cheerleader” if you will, who were to give such a priest the “high five” afterward?  I am a little less certain about that.

Being a “middleman” is concrete and before the fact, without whom the sin would not have happened.  A “high five” from the “cheerleader” would certainly be sinful, because he participates in the sin of another through praising the sin and sinner (#5, above).  That “high five” is after the fact.  The sin took place with or without the “high five”.  However, were that cheerleader to prompt and lead the priest to do it again, that’s another matter.

This is an unpleasant topic.  However, it is also an opportunity to make some distinctions about how we can participate in the sin of another.  It is also a good warning to priests out there who think that, because of Amoris laetitia they can tell people that they can have sexual relations with those to whom they are not truly married.

Fathers… you are in BIG TROUBLE.

Lastly, if I understand your final question, can a such a priest validly absolve an accomplice from a censure without himself incurring a censure?  I don’t know.

I think the canon intends absolution of sins not absolution of censures.

In general, lifting or absolution of censures can be together with the absolution of sins.  However, there are specific formulas of absolution of censures before giving absolution for sins.  For example, this morning, after celebration of the TLM, I heard confessions and gave absolution in the older, traditional form.  First, the priest absolves any censures to the extent that the absolution is needed and his (my) faculties allow.  Only after the lifting of censures does the priest (me) then absolve the sins.  It’s a two-step process.

Furthermore, the post-Conciliar book published by the Holy See for the Order of the Sacrament of Penance includes specific forms for absolution of censures.  So, in the normal and orderly way of doing things, a priest should absolve the censure before absolving sins.  In my own work as a confessor, I have on several occasions had recourse to the Holy See to obtain the faculty to absolve some censure or other.  In those cases, I was given the faculty and I absolved the censure, independent from absolution of sins.  

That said, I think that the canons we have dealt with concern absolution of sins.

The moderation queue is ON.  Canonists and priests, especially, are welcome.  Otherwise, I may be restrictive.

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ASK FATHER: Subtle different between “Laetare” and “Gaudete”?

From a reader…

QUAERITUR:

Can you explain the difference between gaudete and laetare? Gaudete seems to be 2nd person plural, imperative, while laetare appears to be an infinitive, both seem to mean rejoice in those respective forms. But the roots are different, so is there a subtle difference in meaning? Thanks and happy Laetare Sunday!

Firstly, Laetare and Gaudete Sundays are slight liturgical breathers before plunging back into the last period of preparation before the great feasts of, respectively, Easter and the Nativity of the Lord.

Both Gaudete and Laetare are imperatives.  However, laetare only looks like an infinitive because the verb it comes from is laetor, which is deponent (passive in form but active in meaning).   There is laeto in Latin, but that is not what’s used here: it is deponent laetor and the form is imperative, just as gaudete is imperative.

The nickames for the Sundays are derived from the first word of the Introit antiphon. Gaudete (plural imperative of gaudeo) is from Philippians 4:4-6 and is Latin for Greek xairéte. Laetare (singular imperative of laetor which is deponent) is from Isaiah 66:10-11 and Latin for Hebrew samah.

There is no substantial difference in meaning between the forms of gaudeo and laetor here.  You can go to the context of Philippians and of Isaiah and see if the prophet and the Apostle are talking about different objects of joy.  Also, one could go into the weeds and make distinctions about the sense of inward joy and also its outward expression.

Isaiah 66 has the prophet explain how God rewards right worship.   He rewards with abundance and blessings.  Bad worship… not so much.  Philippians 4 says be joyful and peaceful for the Lord is near, so give yourself over to good things.

I will add that in Latin when we sing Lætáre, Ierúsalem, it sounds in Latin as if we are exhorting Jerusalem to rejoice. However, in Hebrew Isaiah says, “(Ya’ll) Rejoice WITH Jerusalem”.

10 “Rejoice with Jerusalem, and be glad for her,
all you who love her;
rejoice with her in joy,
all you who mourn over her;
11 that you may suck and be satisfied
with her consoling breasts;
that you may drink deeply with delight
from the abundance of her glory.”

12 For thus says the Lord:
“Behold, I will extend prosperity to her like a river,
and the wealth of the nations like an overflowing stream;
and you shall suck, you shall be carried upon her hip,
and dandled upon her knees.
13 As one whom his mother comforts,
so I will comfort you;
you shall be comforted in Jerusalem. (RSV)

This imagery is the foundation for why this Sunday has also been called “Mothering Sunday”, the original version of Mother’s Day before commercialization.

There are differences in tone between the Lenten and Adventen Sundays, as you might expect.  But don’t read much into the forms Laetare and Gaudete.  Go to the Biblical context and frame the whole context in the moment of Mass (Introit) and season.

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Your Sunday Sermon Notes: 4th (Laetare) Sunday of Lent – and a POLL

Too many people today are without good, strong preaching, to the detriment of all. Share the good stuff.

Was there a GOOD point made in the sermon you heard at the Masses for the 1st Sunday of Lent?

Tell about attendance especially for the Traditional Latin Mass.  I hear that it is growing.  Of COURSE.

Any local changes or (hopefully good) news?

Those of you who regularly viewed my live-streamed daily Masses – with their fervorini – for over a year, you might drop me a line.

I have some written remarks about the TLM Mass for this Sunday – HERE

About the COLOR OF VESTMENTS you saw, let’s have a POLL.

Pick your best answer.  Anyone can vote, but only registered and approved members can comment.

On Laetare Sunday 2022 the color of the vestments (on the celebrant) for Mass was...

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25 March: Feast of St Dismas, the Good Thief “who stole heaven”

Titian_Christ_Good_Thief_Dismas_smToday is Lady Day, the Feast of the Annunciation, the instant of the Incarnation.

However, 25 March is also the Feast of the Good Thief, St. Dismas!

Fulton Sheen famously quipped of this thief-saint that he “stole heaven”.  A good thief indeed!

Many saints have their feast days assigned to the day when they were born into heaven (read: died).  There is a tradition that that first Good Friday was on the same day as the Annunciation, 25 March.

Luke 23:39-43:

And one of those robbers who were hanged, [Gesmas] blasphemed him, saying: If thou be Christ, save thyself and us. But the other [Dismas] answering, rebuked him, saying: Neither dost thou fear God, seeing thou art condemned under the same condemnation? And we indeed justly, for we receive the due reward of our deeds; but this man hath done no evil. And he said to Jesus: Lord, remember me when thou shalt come into thy kingdom. And Jesus said to him: Amen I say to thee, this day thou shalt be with me in paradise.

It makes the heart ache, to read these words addressed to that penitent sinner.  Would that they were address to each one of us.

But wait!  They can be.

Holy Church has the Lord’s own authority to forgive sins, to loose and to bind! It is exercised by His bishops and priests!

GO TO CONFESSION!  

There is, by the way, a legend that, during the Holy Family’s flight from Herod to Egypt, they ran into Dismas, who was exercising his trade of thievery.

Dismas was going to rob them, but seeing the Infant Jesus, he instead gave them shelter in his lair and let them go on their way without harming them.  Dismas would continue to be a nefarious ne’er-do-well.  His intellect still darkened by sin on Calvary kept him from recognizing Christ’s Mother.

This is another proof that sin makes you stupid.

Finally, Fathers, mark on your calendar that in the back of your traditional Missale Romanum there is a Mass formulary for the 2nd Sunday of October  in honor of the Good Thief for use in prisons and in houses of reform of mores and of the discipline of amendment.

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ASK FATHER: Abstinence on a Friday of Lent that is also the Feast of the Annunciation. What to do?

From a reader…

QUAERITUR:

What is required / recommended regarding fasting and abstinence when a solemnity falls on a Friday in Lent?

And another…

I can’t make out if the Lenten Friday rule of abstinence applies to the Solemnity tomorrow?

I presume you are Latin Church Catholics.

Those who are bound by the law are to do penance on Fridays of Lent.

However, tomorrow, Friday is 25 March, the Solemnity (in the Novus Ordo calendar, which the 1983 Code presumes) of the Annunciation.

Please attend to can. 1251.

Can. 1251 Abstinence from meat, or from some other food as determined by the Episcopal Conference, is to be observed on all Fridays, unless a solemnity should fall on a Friday. Abstinence and fasting are to be observed on Ash Wednesday and Good Friday.

For those who don’t like the Usus Recentior or the Novus Ordo… your likes or dislikes make not the slightest difference. If you are a subject of the Latin Church, the 1983 Code pertains to you.

Because in the Novus calendar the Feast of the Annunciation has the rank of a Solemnity, and because can. 1251 applies to you, you are not bound to your Friday penance.

Of course you can do as you please. Do penance if you choose. You are not bound to it.   There are conflicting goods: celebrating a great feast of Incarnation of the Second Person of the Trinity, for even those feasts concerning Mary always look to the Lord, as she herself did, or, due to the penitential season, the proper desire to practice some denial for the sake of Lenten disciplina.

In these cases of great feasts during Lent, I generally suggest that people keep their festivities somewhat muted. The Solemnity is a true feast day.  That doesn’t mean necessarily extravagance.  It also includes refraining from unnecessary things.

Be penitentially festive. Or, if that doesn’t do it for you, be festively penitent.

 

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Help needed from EASTERN Catholics, Byzantine, Slavic about a title of the Blessed Virgin

In another post here, concern was raised about a way that the Blessed Virgin is to be addressed in the upcoming (tomorrow) Consecration of “all humanity” and “especially” Russia and Ukraine.   Mary is referred in pretty much all language versions as “Land of Heaven” or else “Earth of Heaven”.  This seems very much like a term for the demon Pachamama.  It is at least very curious.

HOWEVER, a friend of mine thought that it might be in a Byzantine hymn and… kapow!… he was right.    I put that in a comment and someone found something.

Concerning the title, “Earth of Heaven” I found one reference to this as a Marian title which appears to predate the pachamama nonsense. It’s from Bose though…

https://www.monasterodibose.it/en/prayer/ecumenical-martyrology/974-september/2587-september-8

What’s there?

It is from the Monastery of Bose, which is a weird place.  However, even if it is weird, if they got it right about a Slavic hymn to Mary, the plot has thickened.

At the Bose site for an 8 September entry:

The birth of the virgin Mary
This feast is a celebration of the birth of the woman who became “earth of heaven” – in other words, the fertile terrain offered by humanity so that the Word’s Incarnation might take place in human history

The birth of the virgin Mary

Today Eastern and Western churches celebrate the birth of Mary, the mother of Jesus.
As had happened with John the Baptist, whose nativity began to be commemorated in the West at the end of the fourth century, the early Church felt that a solemn celebration of Mary’s birth was called for.
September eighth was chosen because it was the date of the dedication of St. Anne’s basilica in Jerusalem. The church was built on the site where Mary’s parents Joachim and Anne had lived, according to an ancient tradition.
The feast of Mary’s nativity spread to Constantinople in the fifth century, and was introduced to the West in 701 by Pope Sergius I, who was of Syriac ancestry. Much loved by the Eastern and Orthodox churches, it is a celebration of the birth of the woman who became “earth of heaven” – in other words, the fertile terrain offered by humanity so that the Word’s Incarnation might take place in human history, fulfilling God’s plan of salvation.


A READING

Holy Mary,
mother of the Lord,
your faith guides us.

Turn your gaze
towards your children,
Earth of heaven.

The road is long and night descends upon us:
intercede with Christ for us,
Earth of heaven.

(Byzantine-Slavic hymn to the Mother of God)

I hope there are some Easterners out there who know this hymn.

Please steer us in the right direction.

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