Question Three: On the Duties of the Minister in Order to the Use of the Power

600. A twofold special office is distinguished in the confessor: that of judge and that of physician. - Just as there is a twofold end in administering the sacrament of Penance, so also in the minister a twofold office is distinguished, namely, that of judge and of physician. And indeed 1) the primary office is that of judge, because it is essential to the minister of this sacrament, which was instituted under the form of judgment. But since this judgment is not condemnatory but liberatory and instituted for the utility of the penitent, not only for destroying past sins but also for guarding against future ones, hence 2) consequently the confessor must also perform the parts of a physician, by healing his wounds and suggesting opportune remedies. "A priest," says St. Thomas, "in confession must search out the conscience of the sinner, as a physician searches out the wound and a judge the case" (In IV Sent., d. 19, exp. text.). Hence can. 888, § 1:

"Let the priest remember that in hearing confessions he sustains equally the person of judge and of physician, and that he has been constituted by God as the minister at once of divine justice and mercy, so that he may provide for the divine honor and the salvation of souls."

But since a) ignorance is one of the human infirmities and causes of sins, and since the minister of the sacrament is bound to teach those approaching the things which are necessary for receiving the sacrament validly and licitly, the physician and judge must perform the office of teacher, by teaching penitents and driving away ignorances.

Similarly b) because the various offices tend to generate and nourish spiritual life, the confessor is the spiritual father of penitents; he will not fruitfully exercise this office unless he loves them with paternal affection (Gal. IV, 19; I Thess. II, 7).

Hence by many, after St. Alphonsus, four offices are distinguished: of father, teacher, physician, and judge. Concerning these Haine says, Th. M. III, de Poen., q. 97: as father, he puts on the viscera of charity; as teacher, he is strong in knowledge; as physician, in prudence; as judge, he must preserve the equity by which he looses and binds, not indeed according to his own judgment, but as has been prescribed for him by God. Yet these four offices are easily reduced to the last two.

601. Obligation of hearing confessions. - Obligation can arise from a twofold source: from justice and from charity.

A. From justice. According to can. 892, § 1: "Parish priests and others to whom the care of souls has been entrusted by force of office are bound by a grave obligation of justice to hear, whether by themselves or through another, the confessions of the faithful committed to them, as often as these reasonably ask to be heard." 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 duties of this office: but one of these duties is to hear the confessions of the faithful committed to him.

Therefore, as we learn from the treatise on charity, not only 1) in extreme necessity, but also 2) in grave spiritual necessity pressing upon their subjects, they are bound under grave obligation (by themselves or through another) to minister the sacrament even with danger to life; 3) but in common necessity they are bound to hear their confessions when they themselves reasonably ask, i.e., because of true spiritual utility. For a pastor must provide pasture for the sheep not only when they are in extreme or grave need, but also when they are in common need; otherwise provision would not be sufficiently made for them; and one of the chief acts of feeding is exercised in the sacrament of Penance. Yet this must be understood in such a way that, because of a legitimate impediment, penitents can be sent away for a moderate time; for since there is not urgent necessity, the law does not oblige with so great an inconvenience. Hence:

a) Pastors sin gravely if they declare that they do not wish to hear confessions except rarely and on a few determinate days, e.g., once or twice each month; and if they often show themselves difficult and peevish in receiving confessions. For thus confession is rendered hateful and not a few faithful are deterred from its practice.

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

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

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

B. From charity. According to can. 892, § 2: "When necessity is urgent, all confessors are bound by an obligation from charity to hear the confessions of the faithful, and in danger of death all priests."

Thus according to the principles concerning the order of charity.

Hence: 1) If one's neighbor is 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, one's neighbor is 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 sinful neighbor is in common necessity and asks for confession, the confessor is bound to hear him, provided it can be done without any inconvenience and there is no other who can opportunely be approached.

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

602. In exercising his office, the confessor must regard both the good of the sacrament, and the good of the penitent, and also the public good. - Namely, in order that he may duly perform his office, he must have before his eyes:

1. The good of the sacrament, so that with great diligence he procure its validity, integrity, and liceity, i.e., its legitimate administration and reception, and the honor of God.

2. The good of the penitent, so that in the best way possible he may receive the sacrament and its fruit for repairing past sins and guarding against future ones; for the sacraments are for men.

3. The public good, by taking care lest something less right in the exercise of the office cause scandal or some other evil in the community.

The first is rather to be regarded from the virtue of religion; the second, as also the third, from justice and charity.

But in order to exercise his office perfectly, the confessor has various duties to fulfill before the act, - in the act, - and after the act of confession.