Article II: On The Obligation Of Preserving The Sacramental Seal

1860. The SACRAMENTAL SEAL, or the seal of confession, induces an obligation of keeping silent, even before the penitent himself, both about sins and about all other things manifested in confession, in order to absolution.⁷

Principles. I. There is a most strict obligation of preserving the seal of confession inviolably. It is clear: 1. From natural right, which commands that it be preserved both by title of fidelity, and by title of justice, and by title of religion; whence it happens that the violation of it includes in itself a threefold sin: namely the sin of sacrilege against the Sacrament, the sin of infidelity against an onerous, although tacit, promise of preserving a secret, and the sin of detraction, if the delicts of the penitent were not public. - 2. From positive divine right, at least implicit; for from the institution of Christ confession ought to be secret; therefore by that very fact the obligation of preserving the seal was imposed by Christ on confessors. - 3. From ecclesiastical right, as is clear from several places of Canon Law, especially from the Fourth Lateran Council, c. 31, Omnis utriusque sexus, where it is said: "Let him beware altogether (the confessor), lest by word or sign, or in any other way, he betray the sinner in any respect. But if he should need more prudent counsel, let him cautiously seek it without any expression of the person." - Nevertheless, the confessor is not bound in this matter to avoid every empty suspicion, but only a probable one.⁸

We said a most strict obligation; and indeed in truth: 1. It is most strict, because it does not admit smallness of matter, for the reason that matter, even the very lightest, includes the whole rationale of the precept. Exception: if the danger of revelation is little probable; in which case, if a revelation should follow, it should be censured to follow from a fortuitous event. - 2. It is most strict, because it never admits any exception; for if it ever admitted any, penitents would always have to fear lest such a sin would be that cause for licitly breaking the seal; therefore the Sacrament would be rendered odious. Hence the obligation of the seal urges, although, with it remaining inviolate, greater damage would follow to the penitent (thus from the decree of the Holy Office issued on November 18, 1682, by mandate of Innocent XI); although the manifestation would serve for exterior governance, without the penitent noticing in any way (thus from the decree of Clement VIII, issued May 26, 1593); although it is a question of the revelation of one venial sin; although otherwise the confession cannot be made entire (e.g. if the penitent cannot be questioned without the voice being raised); although it is a question of avoiding one's own death or that of others, indeed although the safety of the whole kingdom should be endangered.⁹ - 3. It is most strict, because it forbids using, in this matter, a probable opinion; for this would be to the prejudice of a certain right which another possesses, etc. Wherefore the confessor is held to the seal, even in doubt whether something was said by the penitent in order to confession.¹⁰ - 4. It is most strict, because it perseveres in force even after the death of the penitent; for each one, even after death, wishes to be held good.¹¹ But if anyone should teach or believe that this seal does not oblige gravely, he would have to be DENOUNCED, as suspected of heresy.¹²

1861. II. The obligation of the seal arises from EVERY and ONLY SACRAMENTAL confession, namely one which is made with the intention of accusing oneself and obtaining absolution; because this, and this alone, includes the rationale of the precept. - It is said, 1. from every sacramental confession; whether already completed, or begun, valid or invalid and sacrilegious; whether absolution is given, or not. - 2. From only sacramental confession; wherefore there is no obligation of the seal if someone approaches the confessor with the intention of deceiving him, mocking him, drawing him into sin, or extorting something from him. - But if someone approaches him not for this end, that he institute confession, but that he make complaints, or that he ask counsel, the priest indeed ought to keep silent about the things heard, not however from the obligation of the sacramental seal, but from the obligation of natural secrecy alone. Similarly, if someone outside confession should commit a secret matter to a priest, with this formula added, "under the seal of confession," the obligation would not exceed the obligation of a committed secret.¹³

With these things having been premised in general, the following must be weighed: 1. Who are held to the seal; 2. what things fall under the seal; 3. when the seal is not injured; when it is injured.