Note 518 — Chapter II · LIMITATION OF JURISDICTION OR RESERVED CASES

If the strange penitent confesses a sin which is reserved in his own diocese but not in that in which he confesses, he can undoubtedly be absolved by a priest of a Religious Order, in virtue of the privilege granted by the Pope to Regulars, Const. “Superna,” Clem. X. As regards secular priests, the older theologians maintain that they could not absolve the stranger in this case (they appeal to the Caput Si Episcop. 2 de Pœnit. in 6ᵒ), while the later theologians unreservedly allow secular priests to participate in the privileges of the priests of Religious Orders; for there exists, they say, a general custom that strangers, in this case also, are absolved by secular priests, and as the bishops approve of this proceeding, the strangers would be valide et licite absolved. Cf. Gury-Ballerini, l. c. n. 573, notæ; Lehmkuhl, l. c. n. 403; Aertnys, l. c. n. 239, in both cases decides otherwise Princ. III; and Marc, l. c. n. 1771, Quæsit. III.