Question VI: Concerning Penitents Who Are to Be Obliged or Induced to a New or General Confession

I. One defective confession is incomplete, another invalid: incomplete, that to which material integrity is lacking, when some mortal sin was omitted from a legitimate cause, or at least without grave fault, as can happen from ignorance or from forgetfulness; invalid, that to which one of the essential conditions necessary for its value is lacking, whether the penitent was not conscious of this essential defect, and then the confession is simply invalid, or whether he was conscious of it, and then the confession is also sacrilegious.¹

¹ Concerning confession to be repeated, as also concerning general confession, the following can be compared: St. Alphonsus, Th. M., l. VI, nn. 498-505; Reuter, o. c., nn. 189-191; Marc, Th. M., II, nn. 1706-1713; Aertnijs, Th. M., II, nn. 201-203; Th. P., n. 245 sq.; Gury-Ballerini, Th. M., II, nn. 511-520; Ballerini, de Poen., n. 460 sq.; Theol. Mechl., de Poen. (4), nn. 49-50; Haine, Th. M., III, qq. 57-59; Lehmkuhl, Th. M., II, nn. 451-456; Genicot, Th. M., II, nn. 305-310; Noldin, Th. M., III, nn. 290-291, 437 sq.; Prummer, Th. M., III, nn. 386-390; Berardi, Praxis Conf., n. 1131; Frassinetti, Th. M., diss. 12.

But since by the precept of Christ all mortal sins are to be subjected to the keys of the Church, that by the force of absolution they may be directly absolved, hence:

a) a confession certainly incomplete is to be completed, so that the forgotten sin may be directly remitted by a new absolution, and otherwise the subsequent confession will not be integral;

b) a confession morally certainly invalid or sacrilegious of itself is to be repeated, so that the sins may again be subjected to the power of the keys, even if meanwhile they have been otherwise remitted, e.g., by force of perfect contrition.

We say: 1) a confession certainly invalid, because in doubt the repetition of confession is of itself to be counseled, but not strictly imposed: for in doubt one must stand for the value of the act, and a doubtful law does not oblige;

2. morally certainly, because in moral matters absolute certitude is not required, but certitude broadly so called, which renders one morally certain, suffices;

3. of itself it must be repeated: for if the penitent is in good faith (as easily occurs when the confession was simply invalid) and it is foreseen that he will not easily be convinced and will not repeat the confession, although he is greatly to be invited to this, he will not be admonished concerning the invalidity, at least here and now, namely to avoid a greater evil:² for thus on the one hand formal sin is avoided, and on the other hand sins not yet validly accused will be indirectly remitted through the absolution which he receives in good faith.

² Indeed, an ingenious confessor sometimes will be able to supply by questions and to examine the penitent in such a way that the latter, even unknowingly, performs a general confession; e.g., by asking how long he was accustomed to sin, to commit the sin confessed, how often in a year, whether he confessed these things, whether he committed other graver things, etc.

II. A confession can be invalid both on the part of the confessor and on the part of the penitent:

A. On the part of the confessor: 1) if he lacks the power of order or of jurisdiction; or 2) omits or substantially changes the form of the sacrament; or 3) does not have the intention of absolving; or 4) has heard no sin, or has understood none because of deafness, sleep, drunkenness, distraction, or another reason of this kind, so that there is not matter from which he may absolve. These defects the penitent cannot and is not bound to correct except insofar as they are known to him.

B. On the part of the penitent, not only if he is merely incapable, e.g., if he is not baptized or does not have the intention of receiving the sacrament, but also if he is indisposed either 1) by defect of contrition or purpose, as in one who has approached confession from mere human respect and without any intention of changing life; to this is reduced a defect in the knowledge of truths to be known by necessity of means, which defect renders supernatural contrition impossible; or 2) by defect of examination, if in investigating mortal sins there was negligence gravely culpable on his part; or 3) by defect of sincerity, if knowingly and willingly he has concealed some grave sin, or has lied in a grave matter of confession, or, being excommunicated, approaches confession in bad faith. This defect easily arises from the shame of the penitent and from the haste or rigor of the confessor, or also from the custom of excusing penitents.

III. How confession is to be repeated. - In the manner of repeating confession a distinction must be made.

A. Either it is repeated before another confessor who knows nothing; therefore all sins are to be declared distinctly in particular and the whole confession is to be repeated from the beginning.

a) If it was sacrilegious, there come to be accused 1) the sacrilege voluntarily committed in the prior confession, 2) the mortal sins declared in that confession, and 3) all sins invalidly declared, and also the various sacrileges committed in subsequent confessions which meanwhile were instituted with memory of the preceding sacrilege, so that from this they were invalid and sacrilegious. On the contrary, if the penitent, forgetful of the sacrilege, meanwhile made confessions, these are valid. "He is bound," says Billuart, De Poenit., diss. 7, a. 2, § 5, "to repeat that first confession with accusation of his sacrilege, and also the following ones, if he made any with memory of this sin not confessed, because they were not valid from defect of integrity; other ones which he made in good faith without memory of this sin he is not bound to repeat, because they were formally integral, and as is supposed he used the other necessary things."

b) But if the confession was only invalid, not sacrilegious, that confession alone must be repeated when such a defect is recognized; but not the subsequent ones, because they were valid.

B. Or it is instituted before the same confessor, who has already heard and judged individual sins:

a) If he remembers them at least confusedly, or also the state of the penitent, and

1. the confession was sacrilegious, it suffices to accuse oneself distinctly in particular concerning the sacrilege and concerning the sins omitted (if there were any), and in a general way concerning all the other sins previously declared in such or such a confession;

2. but if the confession was simply invalid, it suffices to accuse oneself in a general way, as was said. For on the one hand the sins were subjected to the keys and the confessions were sacramental; on the other hand the confessor remembers the sins confusedly, which suffices for making judgment.

b) If the confessor does not remember the state of the penitent, a wholly distinct confession is not required, but such a one suffices by which the confessor in confession remembers the state of the penitent, or resumes a confused knowledge concerning his conscience, or can acquire that knowledge by questions. For this knowledge, as also for judgment concerning the state of the penitent, knowledge of the penance enjoined can contribute and sometimes suffice, though not always.

IV. Corollaries.

1. If someone in good faith confesses to a deaf, somewhat deaf, distracted, or sleeping confessor, the confession is valid provided that the confessor has understood at least some sins; in that case only those things are to be repeated which it is evident were not heard; and, if it is unknown which precisely those are, the whole confession will have to be repeated, at least if it is shorter, because concerning individual sins there cannot be probability, but it must prudently be doubted that they were understood. On the contrary, probably, if it is more lengthy and at the same time it can be thought that most sins were heard, because then concerning individual sins it is truly probable that they were accused, and besides the law of integrity is not judged to oblige with so much inconvenience of repeating all things one by one; whence it suffices to confess them in common, by accusing the certitude or doubt concerning certain sins not heard. But if someone confesses deliberately to such a priest, as also to an unlearned one, precisely so that he would not be able to hear or understand the sins, the confession, because of defect of sincerity, of itself is sacrilegious and to be repeated, unless however he acted through ignorance, not knowing that such a confession is evil.

2. Rustics, children, and the unlearned, who in good faith confessed sins confusedly, not sufficiently explaining the species or number, have been validly absolved (because material integrity is not of the essence of the sacrament); indeed afterward they are not bound to repeat the confession if at the moment of sin they did not have a more distinct knowledge of the species and number. On the contrary, if the insufficiency and confusion in declaration is to be attributed not to ignorance but to actual inadvertence, they must explain the species or number such as they knew at the moment at which they sinned, unless sometimes the confessor receiving the last confession of a penitent who led a uniform life and reveals and accuses the defects of preceding confessions can sufficiently understand the other sins of past life.

3. A penitent who frequently has relapsed into the same mortal sins without any amendment and without any resistance to the first temptations that occur must be presumed to have made previous confessions without sufficient sorrow and purpose; hence repetition of these is at least greatly to be urged, but not strictly imposed unless they are morally certainly invalid. On the contrary if he persevered for some time, or before relapse truly resisted the first temptations.

V. General confession is the repetition of all or of several confessions; therefore it includes the whole life or a notable part (e.g., one or several years), and can be necessary, useful, or harmful.

a) It is necessary and regularly to be imposed if it is morally certain that several of the previous confessions were invalid or sacrilegious.

b) It is useful and generally to be counseled, because of notable spiritual fruit,

1. for more adult persons who have never made a general confession;

2. for those whose prior confessions are judged doubtfully valid, namely for peace and tranquility of conscience;

3. for those who seriously intend to be converted to God and to institute a better manner of life, or who need more accurate instruction for this;

4. for those who are ending or beginning a part of life of graver moment, or who receive a state of life or new manner of living, such as older children who prepare themselves for first solemn communion, those about to marry, widows, soldiers who enter barracks or leave them, students who undertake higher studies, etc.;

5. for those whom a desire of a more perfect life holds, e.g., those who enter the clerical or religious state;

6. for those who exist in danger of life or are compelled to commit themselves to such danger;

7. finally, on certain extraordinary occasions which furnish opportunity for expiating conscience, such as missions, a jubilee, a spiritual retreat, etc.; in these cases it generally suffices to urge a general confession from the last general confession made.

c) It can be harmful and regularly to be prohibited:

1. to the scrupulous and excessively fearful who have already once performed a confession of this sort, because in these persons new anxieties and scruples always arise from the fact that they fear they have not set forth some sins or have not duly set them forth;

2. to those who, furnished with a vivid imagination and greatly inclined to carnal pleasures, have sinned much and gravely against chastity: distinct and minute recollection of offenses with minute circumstances would cause new temptations and induce danger of sinning; wherefore such persons are never to be permitted to repeat anything except in a wholly general way;

3. to indisposed recidivists who wish thus to extort absolution.

VI. The manner of receiving a general confession is described among various authors; their principal warnings and counsels we here add.

A. Before confession. "When someone asks to institute a general confession," says Aertnijs, Th. Past., n. 253, "let the confessor immediately explore whether such a confession is necessary, useful, or truly harmful. To this end it is generally not expedient, at least outside the days of a mission, abruptly to ask the penitent whether he has concealed some sin, or something similar; for it will easily happen that a guilty but disturbed penitent will deny it, and afterward will not dare to retract. Wherefore it will be useful to ask from the penitent what reason impels him to make the confession, whether anything troubles him (or: whether he has already confessed generally at other times, from what time, and how often), etc. By these and similar questions let him strive sweetly and shrewdly to fish out whether perhaps sacrileges lie hidden. When the confessor asks, the penitent will often give one of the following answers:

1. Because I have concealed my sins; then let the confessor immediately give courage to him (saying, for example, that it is not a difficult work, since he himself will gladly help), promise that he will be kind toward him, and exhort him to full sincerity (and immediately explore when the last valid confession was made, how often per year he was accustomed to confess and communicate, whether in this time he received another sacrament, namely Confirmation, Extreme Unction).

2. I have never performed a general confession; then let him carefully examine whether it seems necessary or only useful.

3. I made one, but not well; then let him ask why he did not do it well. If the penitent cannot allege any determined motive besides anxiety, he introduces suspicion of scrupulosity.

4. From sermons I understood that my confessions were bad; then let him proceed as above. It should be noted, however, that in the time of a mission penitents sometimes exaggerate the matter.

5. I intend to live better; then it will certainly be very useful..."

In the aforesaid cases sometimes what Reuter has, Neo-Confessarius, n. 189, p. 308, can be done: "If the confessor detects that one who has confessed sacrilegiously for many years is not prepared for a general confession, let him order him to confess the things which occur to memory, let him examine him concerning the more obvious matters, so that thus, the ulcer having been opened and shame diminished, he may return more easily. Then let him admonish him to examine himself more concerning the remaining things, for he cannot remember all things so suddenly. Finally let him tell him to return at a designated time for completing the confession, adding that now he is not absolved for his greater future quiet; and thus let him dismiss him well disposed, having imparted a blessing. But if he could not return, nor were he thought likely to confess easily to another, he would have to be helped by examining him through the precepts of the Decalogue, of the Church, and the capital sins, and he must be admonished that, if perhaps afterward sins committed from the time of the first sacrilegious confession come to mind, these must be confessed. Finally, let it be enjoined upon him for penance that at the next occasion, after a diligent previous examination, he confess, if anything occurs which was omitted and must be confessed."

B. In confession, the confessor 1) from the beginning should exhort the penitent with most humane words to perfect sincerity, and suggest that first he accuse those things which have been committed from the last confession (so that thus the state of the penitent may be better discerned and it may appear whether anything stands in the way of absolution); likewise, generally, those things by which he is more troubled, or whose accusation seems more burdensome to him, e.g., sins against chastity, religion, or justice. When these have been set forth, the conscience of the penitent is unloaded and the remaining confession is rendered easier.

2. Let him help the penitent by questioning discreetly and kindly, especially if the latter is rude and ignorant.³ Nevertheless, a) ordinarily let him permit the penitent to set forth those things which he remembers spontaneously; indeed if he sees that the penitent has prepared his accusation in order, generally let him not interrupt him with many questions, lest perhaps afterward he be disturbed, thinking that he omitted something. Likewise b) let him abstain from excessive brevity or haste, but grant the penitent sufficient time for explaining the things which seem necessary to him; otherwise the latter perhaps will not be tranquil but will depart disquieted, because he could not say all those things which troubled his mind. A fortiori c) let him not harshly censure him when a graver sin is accused, lest perhaps, terrified by this severity, the penitent conceal something; but on the contrary with fatherly affection let him animate him to open all things candidly, since God remits even the gravest offenses to the sincerely penitent.

³ For example: Be quiet and of good courage; I will perform your confession; surely I know all the sins which you could have committed; I will uncover all things for you; yours will be only to respond clearly and sincerely to the questions, and to conceive true sorrow concerning the sins.

3. If the general confession is necessary, with great diligence let him question accurately concerning the species and number of sins. But if, by questioning concerning sins, the confessor himself proposes a number, e.g., "Did you do this ten times, a hundred times?" it is generally expedient to propose a larger number rather than a smaller one, since it is easier for the penitent to diminish than to increase. Indeed, if immediately, when such a number has been proposed, the penitent seems to assent, it will be opportune to add: "Did you not do this more often?"

C. After confession 1) let the general question not be omitted: Does anything else trouble your conscience? If so, say it, and I will question you again. 2) If nothing seems to remain, the penitent is to be admonished not to be disturbed if afterward he remembers a grave sin which he did not declare: for it suffices to confess it in the next confession, if it has not yet been validly accused; but if it had previously been validly declared, it is not necessary to repeat it. Indeed 3) he ought not any more to think back or examine conscience concerning past things, but where it is not certain that he omitted something, he can presume that it was declared.

VII. Practical observations.

A. When general confession certainly is not necessary, but only useful:

1. it is altogether expedient,⁴ for continual and more abundant fruit, that penitents prepare themselves for some days by examination of conscience, excitation of sorrow, and chiefly by prayer;

⁴ Theol. Mechl., de Poen. (4), n. 50, qq. 4 and 6.

2. nevertheless let them be admonished that they not examine themselves too laboriously;

3. and that there is not an obligation of confessing all mortal sins; whence neither by many questions are absolutely all sins or minute circumstances to be extorted from them;

4. if they have been subject to sins of lust, let them institute only one confession concerning these and never repeat it except in a general way;

5. girls who wish to institute a general confession not from a true spirit of progress but from some affection toward the confessor are to be kept away from it; likewise those who from true lightness would wish to repeat a general confession, e.g., in the time of a mission with all the missionaries, or who, thinking nothing concerning contrition and change of life, are wholly occupied in repeating confessions.

B. Let the confessor not immediately compel any penitents first confessing to him to general confession, even under the pretext that thus he will better direct their conscience; for thus not only would he impose an unreasonably grave burden upon many, but he would also trouble the consciences of many.⁵

⁵ Ibid., q. 5.

C. If the confessor himself, by questioning, receives the whole confession, which with ruder men it is often better to do, let him run through offenses especially obvious for the state and condition, according to the order of the Decalogue, the precepts of the Church, and the duties of state (concerning which inquiry absolutely must be made); nevertheless he will sometimes be able usefully to depart from this order so that he may begin from graver things, which burden and shame more.

Indeed, several urge that he proceed through the different ages of life, so that first the sins of childhood up to first solemn communion or the years of puberty are examined; then the sins of adolescence and youth; afterward a change of life is considered in the assumption of a state or in another epoch of mature age. Nevertheless this sometimes prolongs confession excessively.

D. It is not to be counseled that general confessions be wholly written out; for ordinarily confusion is found in them. Written ones, however, can be accepted by the confessor and read; but if the general confession is necessary, the penitent himself, of himself and regularly, will be able to read it. It can indeed be permitted that the principal headings of the confession be written: for this helps order and memory.⁶

⁶ Aertnijs, Th. Past., n. 253.