Article I: On The Imposition Of Penance

1715. Principles. I. The confessor, in giving absolution, is bound TO IMPOSE a penance, or satisfaction. - This is clear from Trent, sess. 14, cap. 8, where it is said: "Therefore the priests of the Lord ought, insofar as the spirit and prudence shall suggest, according to the quality of the crimes and the faculty of the penitents, to enjoin salutary and fitting satisfactions; lest, if perhaps they wink at sins and act more indulgently with penitents by enjoining certain very light works for very grave offenses, they be made participants in the sins of others."

Therefore the confessor sins if he does not impose penance; and indeed he sins GRAVELY if the confession has been made concerning mortal sins. For by force of his threefold office he must do this: as minister, consult the integrity of the Sacrament; as judge, take vengeance upon sins; and as physician, provide medicine by which the spiritual infirmity of the penitent may be driven away. But if the confession was about venials or about mortal sins already confessed, it is probable that the confessor does not sin gravely if he imposes no penance. Thus Lugo, the Salmanticenses, and others, against Suarez and others, who also probably teach the contrary. But finally, if fulfillment of the penance is impossible, for example in the article of death, there will be no sin.¹ (cf. n. 1854, 5.)

Let it be noted: 1. Penance is regularly to be imposed before absolution. The reason is that thus the order of judgment is preserved, which requires that the accused first promise satisfaction before he is absolved. Yet if it has been omitted through forgetfulness, it can be imposed immediately after absolution, both because thus it is still morally united to it, and because the aforesaid order is not essential.²

2. If the penitent, when absolution has already been given, accuses a new sin, a new penance, at least a light one, must be imposed on him. For the prior one is not judged to be valid; because, although a work already due from another precept can be imposed, nevertheless a work due from the same title of sacramental satisfaction cannot be imposed.³

3. If absolution is deferred, satisfaction can already be imposed the first time, both so that relapse may be guarded against, and so that afterward a lesser penance may be imposed.

1716. II. The QUANTITY of penance must be PROPORTIONED both to the sins and to the faculty of the penitent, according to the prudent estimation of the confessor. This is clear from Trent, loc. cit., and from the Roman Ritual, where it is read: "Finally, let the confessor enjoin a salutary and fitting satisfaction, insofar as the spirit and prudence shall suggest, account having been taken of the state, condition, sex, and age, and likewise the disposition of the penitents."

We said, 1. proportioned to the sins; hence of itself grave penance is to be imposed for mortal sins, light penance for venials or mortal sins already confessed. Moreover, that is to be judged a GRAVE PENANCE, at least according to the present custom of the Church, which corresponds to a work which is enjoined by the Church under grave obligation, or which would of itself oblige under grave obligation if it were prescribed. - Hence a grave penance, and one ordinarily sufficient for grave sin, is to hear one Mass, to fast on one day, to recite the Rosary, even only the third part, the Little Office of the B. V. M., the Litanies of the Saints, the Penitential Psalms, to perform the Way of the Cross, to meditate for a third part of an hour, and similar things. But to recite the Psalm Miserere, or five Pater and Ave only once, would not be grave.⁴

We said, 2. proportioned to the faculty of the penitent, according to the prudent estimation of the confessor. But the prudence of the confessor consists chiefly in this: that he first have before his eyes the spiritual good of the penitent, then the vindication of divine justice; for, from the nature of the Sacrament, one must intend the amendment and salvation of the penitent more than satisfaction and punishment.⁵

And hence it is why penance can be DIMINISHED for many reasons, namely: 1. If the penitent approaches very contrite, or after he has done many penal actions, because he has already made satisfaction fittingly. - 2. If he approaches in the time of Jubilee or of plenary Indulgence, because by fulfilling the required conditions he already undergoes punishment and makes satisfaction. Yet some penance must always be imposed, as Benedict XIV declared,⁶ both because no one can be secure about gaining the whole Indulgence, and because the Sacrament must always be made integral.⁷ - 3. If the penitent is infirm in body, since the Ritual says: "Let the priest remember that grave penance is not to be enjoined on the sick, but only that penance which, if they recover, they may perform at an opportune time." - 4. If he is infirm in spirit, so that it is prudently feared that he will omit a penance proportioned to the faults. For thus they commonly teach, and deservedly; because, as our Holy Doctor says:⁸ "Although, according to the reason of divine justice, satisfaction adequate to sins is required, nevertheless, from divine clemency, account must be had of the powers of penitents, both of body and of soul."

1717. You will ask whether the confessor can, for grave faults, impose a grave penance under a LIGHT obligation? The affirming opinion is more common and more probable, because the legislator, such as the priest is whom Christ established as judge, can prescribe grave matter under light obligation. - In practice, indeed, such a manner of acting ought not to be held, at least ordinarily, because from Trent a condign penance according to the quality of the crime is to be imposed. - Yet the confessor will be able to hold it thus licitly, indeed usefully, so that after first imposing a grave penance, and indeed under grave obligation, he adds another graver one under light obligation; if the penitent fulfills it, he indeed satisfies sacramentally, but if he neglects it, he is not burdened with grave fault. "But I by no means approve," says St. Alphonsus,⁹ "what Medina and others say, namely that a confessor can sometimes enjoin a penance without any obligation. This, I say, is altogether improbable; for a legislator can make and not make a law; but if he makes it, he certainly cannot make it without obligation, since law must necessarily oblige at least under light obligation."

From what has been said you will gather: 1. How imprudently confessors act who impose great penances which they foresee penitents will not fulfill. - "O how many unlearned confessors are found," St. Alphonsus exclaims,¹⁰ "who do not hesitate to absolve those who are either in a proximate occasion of sinning or indisposed recidivists, and foolishly think that they are curing them by imposing grave penances on them! From this it happens that those persons, although they accept the penance so that they may seize absolution, nevertheless, after absolution has been obtained, because no remedy is prescribed to them by which they may be preserved, shortly relapse miserably, do not fulfill the penance, and, deterred by its gravity, afterward abhor confession, and thus languish longer in sins."

2. "Outside the case of very grave infirmity or most vehement contrition, the confessor would not act well if for mortal faults he enjoined a penance light in itself, which brings a light obligation." Hence St. Thomas of Villanova wisely notes: "In my judgment you will accomplish this if you enjoin one easy penance and counsel a sharper one."¹¹

1718. III. The QUALITY of the penance must be so determined that the satisfaction is at once VINDICATIVE and MEDICINAL. - This is clear from Trent, sess. 14, cap. 8, where it is said: "But let them have before their eyes that the satisfaction which they impose is not only for the custody of new life and the medicine of infirmity, but also for the vengeance and chastisement of past sins."

Moreover: 1. VINDICATIVE OR PENAL works are reduced chiefly to these THREE: prayer, alms, and fasting, which are opposed to sins committed against God, against neighbor, and against oneself. By PRAYER is understood whatever regards the worship of God, as confession, communion, visitation of a church, etc.; by ALMS, any work of mercy; and by FASTING, any affliction of the body. - For the rest, every good work is valid for penal satisfaction, as is commonly taught; for, in the state of fallen nature, every virtuous action has the character of punishment from this, that, original justice having been lost, we are all inclined to earthly things and our own advantages.¹²

2. MEDICINAL satisfactions are those which heal the remains of sins, that is, which remove evil habits, restrain depraved desires, remove occasions of sinning, and cut away the roots or causes of sins. Such are acts of virtues, internal and external, opposed to the vices of the penitent. Wherefore the RITUAL admonishes: "Let the confessor take care, as much as can be done, to enjoin penances contrary to the sins, as alms to the avaricious, fasts or other afflictions of the flesh to the lustful, offices of humility to the proud, and exercises of devotion to the slothful." For making these things clear, the following will help.

1719. Questions. Q. 1. What works generally CAN or CANNOT be imposed?

Resp. 1. Not only external and supererogatory works can be imposed, but also: 1. Internal works, as acts of charity, contrition, mental prayer, etc., because they are of themselves meritorious and are made external or sensible through imposition and acceptance. - 2. Works already due from elsewhere, for example hearing Mass on a feast day, fasting on a vigil, because, since they are of themselves satisfactory, they can be elevated through the power of the keys to the merit of sacramental satisfaction. Yet other works are to be joined to these, unless the frailty of the penitent suggests otherwise; for it is equitable that the sinner feel the weight of sin. - But neither can a work already due under the title of sacramental satisfaction be imposed. - 3. Works to be applied to others, whether deceased or even living; for satisfaction, in this case, stands on the part of the good will by which the penitent applies his work to others. - 4. Cessation from a good work, for example from Communion, because it can be an act of virtue, for example for preserving the obedience of the Confessor. Except if the omission of the customary work provides others an opportunity for judging that such omission was enjoined by the confessor in penance for hidden sin.¹³ Some penance can also be imposed, as St. Alphonsus notes,¹⁴ under condition of relapse, for example: "if you again blaspheme, you will recite such a prayer." But it is expedient that it be imposed for a short time, or until another confession, and that another proportioned penance be added for the sins confessed.

Resp. 2. The following CANNOT be imposed: 1. Entrance into Religion, because it seems too hard. - 2. Marriage, because it requires complete liberty. Yet a penitent who needs this remedy is earnestly to be exhorted to the conjugal state. - 3. Public penance for hidden sins, because the seal of confession would be violated indirectly, and because the Roman Ritual expressly forbids this. But it can be imposed for public sins, as is drawn from these words of Trent: "It is necessary that a condign penance according to the manner of the fault be publicly enjoined upon this public sinner"; understand, if scandal cannot be repaired otherwise.¹⁵

Q. 2. What penances, for the sake of PRUDENCE, are not to be imposed?

Resp. The following are not to be imposed: 1. Perpetual penances, or those lasting for a long time; both because they would induce danger of forgetfulness or excessive anxiety, and because, since such penances perhaps would be imposed on the same penitent by various confessors, he would be bound by innumerable chains and for his whole life. 2. Unusual penances moving the wonder of the people, for example if it were imposed on someone to recite five Pater noster in the middle of the church with arms extended, etc. - 3. Afflictions of the flesh, vigils, fasts, if the penitents are youths, peasants, workers occupied in continual labor, sons in the family whose parents would be displeased by such austerities. - 4. Pilgrimages, prolonged prayers, alms, if the penitents are placed under the power of others, or are so poor that they are bound to procure a living for themselves by continual labor. - 5. Penances involved in many works, because they are easily given to forgetfulness. - 6. Also imprudently, generally, it is imposed on children that they ask pardon from parents or from others on account of disobedience, irreverence, or petty thefts; because these often render confession hateful and for the most part are omitted, etc.¹⁶ - 7. St. Charles Borromeo admonishes that Masses to be celebrated not be imposed; or at least, that the confessor not accept those which he himself has imposed; nor alms to be distributed by himself, lest he fall into suspicion of avarice.¹⁷

Q. 3. What penances OUGHT RATHER to be imposed?

St. Alphonsus responds:¹⁸ "1. As regards practice, this is the rule: that for sins of sensuality, bodily mortifications be imposed; for sins of avarice, alms; for blasphemies, prayers, etc. - Yet it must always be considered what is more expedient or will be more profitable to the penitent. For although in itself it is most useful to impose frequentation of the Sacraments, mental prayer, and alms, yet it is accustomed to happen that such works turn to harm for those who are not at all, or little, accustomed to them.

"2. The penances which are usefully imposed on all, generally, are the following: - To join oneself to some Congregation; - to elicit every evening, at least for some time, an act of sorrow; to renew every morning the good purpose, and to say with St. Philip Neri: 'Lord, do not remove Thy hand from me today, lest I be made a traitor to Thee'; - to visit daily the Most Holy Sacrament of the Altar and some Image of the Virgin Mother of God, and during this visitation to ask earnestly for holy perseverance; - to recite the Rosary; - and both morning and evening to say three Ave Maria to the Blessed Virgin, with this little prayer: My Mother, help me today, lest I sin against God; this slight penance, namely to recite the Angelic Salutation three times with the aforesaid little prayer, I am accustomed to impose on all those who do not yet do it; - when going to bed, to say: 'At present I ought to be in the fire of hell'; or these other words: 'The day will come when I must die in this very bed'; - to read daily, especially if they are ecclesiastics, some spiritual book."

1720. Admonitions. 1. It will not be beside the point to add here the things which St. Charles Borromeo wisely admonishes thus: "Let the confessor impose such a penance as he judges can be fulfilled by the penitent. Hence sometimes, if he sees it expedient, let him ask whether he can, or whether he doubts that he can, perform the penance imposed on him; otherwise he will change or diminish it."¹⁹

2. As regards the dying, if someone is destitute of the senses, he can be absolved without any penance; but excepting this case, some penance, at least light,

is to be imposed, such as to kiss the crucifix, to invoke the names of Jesus and Mary, at least in the heart, etc. - But it is not expedient to impose on the sick person as penance that he patiently suffer the inconveniences of infirmity; for this could become for him the occasion of many scruples. "On the contrary, the Salmanticenses rightly notice that if the sick person can satisfy through alms, these are certainly to be enjoined by the confessor, since everyone is bound to do that penance which he can."¹ (Cf. n. 1716, and hence 3.)

3. It is also useful to know the rigor of the penances which were once prescribed in the PENITENTIAL CANONS. Moreover this knowledge is useful both because from them the confessor learns to estimate the gravity of sins which the Church once was accustomed to punish so rigidly, and especially because from this rigor of the canons he will be able to instill in penitents greater horror of sins, so that they may receive a milder penance with a readier soul.²