Article I: Concerning the Obligation of Hearing Confessions

I. "Pastors and others to whom the care of souls has been committed by reason of office are held by a grave obligation of justice to hear, either by themselves or through another, the confessions of the faithful committed to them, as often as these reasonably seek to be heard." Thus can. 892, § 1. For those who take upon themselves the care of souls bind themselves to this by a tacit contract with their subjects, from whom they receive sustenance or honor under the condition of ministering the sacraments; and with the ecclesiastical superior, who does not commit the care of souls to anyone except under the condition that he faithfully fulfill the functions of this office: but one of these offices is to hear the confessions of subjects.

Hence, as we learn from the treatise on charity, not only 1) in extreme necessity, but also 2) in grave urgent spiritual necessity of subjects, they are bound under grave obligation, by themselves or through another, to minister the sacrament even with danger of life; 3) in common necessity, however, they are bound to hear their confessions when they themselves reasonably seek it, that is, on account of true spiritual utility. For the shepherd must furnish pasture to the sheep, not only when they are in extreme or grave need, but also when they are in common need; otherwise they would not be sufficiently provided for. But one of the principal acts of feeding is exercised in the sacrament of Penance. Yet this is to be understood in such a way that, on account of a legitimate impediment, penitents can be sent away for a short time: for since there is not urgent necessity, the law does not oblige with so great inconvenience. Hence:

a) They sin gravely if they declare that they do not wish to hear confessions except rarely and on a few determined days, for example, once or twice in any month; and if often they show themselves difficult and morose in receiving confessions: for thus confession is rendered odious, and not a few faithful are deterred from its practice.

b) But if someone once or twice, outside urgent necessity, refuses to hear the confession of someone, even without a legitimate reason, he does not sin gravely, generally speaking, because the damage which is inflicted is easily repaired.

c) But he in no way sins if he dismisses those who wish to confess too frequently and without a special reason: for these do not reasonably seek it.

d) If the pastor has suitable assistants, he is not bound so strictly to receive confessions by himself, but can satisfy this office through vicars; unless he is required by name, or a special necessity of the penitent demands that the confession be heard by the pastor. Nevertheless it is altogether fitting that pastors, in this matter, furnish a good example to vicars, by hearing confessions as often as they are not impeded by graver business.

II. "When necessity urges, all confessors are held by an obligation from charity to hear the confessions of the faithful, and in danger of death all priests." Thus can. 892, § 2.

Hence, as we know from the treatise on charity, 1) if the neighbor is placed in danger of death, all priests are bound under grave obligation to hear confession even with a sufficiently great inconvenience, for grave necessity, indeed with certain danger of their own life, for the extreme spiritual necessity of the neighbor;

2. if outside danger of death the neighbor is placed in grave spiritual necessity, confessors furnished with sufficient jurisdiction and accustomed to exercise it are bound under grave obligation, when others are lacking, with some detriment in temporal goods, to be prudently estimated; - indeed with grave inconvenience, if there is a common scarcity of confessors;

3. if a neighboring sinner is placed in common necessity and seeks confession, the confessor is bound to hear, provided that it can be done without any inconvenience and there is not another who can opportunely be approached.

III. Observation. - That for a simple priest or confessor there be a grave obligation of hearing confessions with danger to his own life, three things are required: 1) that the spiritual necessity of the neighbor be morally certain, and therefore that there be no other who can bring help; 2) that likewise certain or probable hope of absolving the dying person be present; 3) that from the death of the priest greater evils not follow, for example, the probable damnation of several others, if there is no other priest in this place.