Case XL: The Meaning of the Clause “with a Grave (and Long-Continued) Salutary Penance” in Marriage Dispensations

On February 25, 1890, the Bishop of Nicotera approached the Poenitentiaria with reference to this clause, and asked for a more precise definition of the amount and length of such a poenitentia gravis et diuturna. “In view of the corruption increasing daily and also the bad will of those with whom dispensation is granted, who promise with their lips what afterward they by no means actually observe; and in view also of the impossibility in which they are sometimes situated, the question is asked: Can a penance be imposed for only three months but several times a week when a grave and long-continued penance has been prescribed, and for one month when a grave salutary penance has been established?”

In answer to this question the Poenitentiaria gave no detailed explanation of what was to be considered a poenitentia gravis et diuturna, but issued only the following general instructions: “In determining the quality, gravity, duration, and so forth of the penance—matters left to the judgment of the dispenser or delegate in conformity with law—neither the limits of severity nor those of humanity are to be exceeded, and account is to be taken of the condition, age, infirmity, office, sex, and so forth of those upon whom the penalty is ordered to be imposed.” d. 8 April, 1890.

According, therefore, to the S. Poenitentiaria, every confessor applying for a dispensation, is empowered to use his own judgment in imposing a penance, which, taking the circumstances into consideration, shall be regarded as gravis or diuturna. It would be a mistake to impose as penance in such cases only a few Our Fathers, since experience shows us that too easy a penance is apt to make penitents think lightly of their transgressions; but, on the other hand, especially at the present time, we must not err on the side of excessive severity. The first principle in imposing a penance must always be that the penitent should not be frightened away from the confessional, but should be confirmed in his resolution to make frequent and good confessions in future. In determining the gravitas poenitentiae we ought not to refer to obsolete precepts; there is no reason for thinking that the gravis poenitentia salutaris required by the Poenitentiaria need differ in kind from severe and wholesome penance now usually imposed for grievous sin. Nor need the poenitentia diuturna be measured by years or months; it is simply a penance to be continued for some time, at least for some days. Under certain circumstances a penance lasting fourteen, nine, or even three days may be regarded as diuturna in the sense in which the word is used by the Sacred Congregation. In very few cases ought a penance to be imposed that would last for a year or for several months, even if the penance had not to be performed daily, but only once a week or once a month. The bridal couple may be willing to promise anything, but they will not keep their word, and, once married, they may never trouble about the matter. It is not advisable to impose frequent confession as a penance upon persons who hitherto have only gone to confession at Easter. Circumstances vary so much that we can understand why the S. Poenitentiaria let the matter rest, after giving the decision quoted above, and did not make any direct reply to the question asked by the Bishop.—Professor Johann Ackerl.