Chapter I: The Persons and Qualities of the Confessor

— I. The persons of the confessor. "Let the priest remember that in hearing confessions he sustains alike the person of judge and physician, and that he has been constituted by God minister at once of divine justice and mercy, that he may consult the divine honor and the salvation of souls" (c. 888, §1).

The confessor must furnish some things insofar as he is confessor, others insofar as he is neighbor. The things which he owes from his function, or insofar as he is confessor, he owes under graver imputation and with greater inconvenience; and insofar as they oblige toward another man, they must be furnished from justice and with the burden of restitution; while the remaining things which are positively to be furnished are ruled by the obligation and norms of charity. The former are to be done of themselves, and by the confessor alone; the latter accidentally, insofar as necessity occurs, and by every man placed in the same circumstances. The former introduce a new species of sin in the confessor who is to be blamed; not so the latter.

Therefore the Code assigns to the confessor two formal accounts of office to be fulfilled: that of judge, because the absolution or retention of sins is a judicial sentence; that of physician, because that judgment has been instituted for healing the wounds of sins. Therefore the former person is gathered from the nature of this sacrament, the latter from its end. Wherefore they do not stand in the same order: the function of judge is more intrinsic and essential; the office of physician, insofar as there is question of medicine superadded to absolution, seems rather to pertain to the integrity than to the essence of the function. Insofar, I say, as there is question of medicine superadded to absolution, for absolution itself makes the sinner substantially sound.

Thus far the things said regard the specific account of this sacrament. From the generic account, however, the priest must act as the person of minister, and by this title take care for valid and decent administration of the sacrament.

Authors have often spoken rather confusedly about these offices. St. Alph., l. 6, n. 426, ascribes to the confessor the person of judge, father, physician; Aertnys, C.SS.R., l. 6, tr. 5, c. 4 art. 1, the person of teacher, physician, and judge; while most think that the four functions of father, teacher, physician, judge belong to the same. The Code followed St. Thom., 4 S. d. 19 after all the questions; Lugo, d. 22, n. 19 and 14, n. 171; d'Ann., III, 329. Lehmk., II, 541, acknowledges the office of judge as the single essential proper office, to which he adds the others as accessory.

— From the double person to be sustained, the Code infers that the confessor has been "constituted by God minister of divine justice and mercy, that he may consult the divine honor and the salvation of souls." Therefore regard for the salvation of souls, although principal, is not the only regard; but it is necessary that the confessor suitably reconcile his solicitude for saving with care for the divine honor.

— As minister of the sacrament, lest he be sacrilegious, he must take care for the validity of the sacrament, by teaching the penitent the things which are necessary to be known for valid reception, and by denying the sacrament to the unworthy.

The good disposition of the penitent must be morally known to him. This moral knowledge consists in prudent probability (Ball.-Palm., V, 528), with the exclusion of a grave contrary reason (St. Alph., VI, 460; d'Ann., III, 335; Lehmk., II, 123). For this, and not more, can be humanly demanded. Wherefore if from the circumstances a grave prejudice against the disposition of the penitent arises, other arguments must accede by which that suspicion is dissolved or sufficiently weakened. Yet let the confessor beware lest he imprudently explore or test the disposition of the penitent by asking whether, with loss of goods or of children, he will keep his resolutions. And finally, in this judgment, one must stand by the affirmation itself of the penitent, which seems to be sincere.

Whom he notes to be ignorant of necessary things, for example, things necessary for salvation, he must, as there is opportunity, instruct and admonish concerning the duty of procuring for himself greater erudition in the faith. He must also admonish him who from vincible and mortally culpable ignorance is in an evil state, because otherwise neither the sacrament nor the penitent is consulted. For such a penitent is indisposed.

But the good faith of the penitent must be prudently explored, rather by general questions, whether or not he has remorse of conscience about some grave matter (Lugo, d. 22, n. 23), lest from the things heard he be constituted in doubtful or bad faith.

— As judge, lest he be guilty of injustice toward the penitent, he must bring the cause begun to an end, as much as is from himself, give absolution to the disposed, confer a valid sacrament (or a valid sentence), give a suitable penance.

To the penitent who adheres to a probable opinion, absolution of itself must be given: for he is disposed. Indeed it is enough for this that, on account of the extrinsic authority of approved doctors, they conceive a judgment concerning the honesty of the action, since the priest cannot impose his own opinion to be followed. And he can of himself be absolved (if nothing from elsewhere stands in the way) who follows an opinion indeed improbable, yet covered by sufficient appearance of probability, so that the penitent can be judged to be in good faith. It must be said otherwise of the penitent who resists the confessor by mere obstinacy.

— As physician, he will sometimes defer absolution even for the disposed; he will endeavor to dispose well the doubtfully disposed; he will leave in good faith one whom he cannot instruct without danger, provided no preponderating reason obliges to admonition; he will give penances not only suitable but salutary; he will add counsels for amendment. Therefore:

1. Although sometimes absolution of him who can licitly be absolved is usefully deferred, yet this is to be done rarely, and almost only with the penitent consenting, because it can turn to grave danger or damage of the penitent. The chief utility will be had when the penitent must actually fulfill some difficult obligation, and the delay is not too grave for him, or, as some wish, less grave than the obligation to be fulfilled (cf. Reuter, Neoconfessarius, n. 34).

For time, place, persons, the manner of acting will vary; in doubt what is expedient, for the most part absolution will be conferred more justly and more safely (d'Ann., III, 334).

2. He is doubtfully disposed against whom there remains, not sufficiently dissolved, a founded reason arguing a defect of disposition, that is, of sorrow or purpose.

Such a one, regularly, especially today, the confessor clothed with the bowels of charity will endeavor to bring to a more certain disposition, at least in the present. "But if he neglects to furnish this, certainly he himself is no more ready for hearing than others are for approaching to confess" (Leo XII, Const. Caritate Christi, December 25, 1825, §5, which contains most beautiful warnings).

If by this effort he shall have profited nothing, for a time, using most humane words, he will have to defer absolution, until the penitent is suitably disposed, unless, however, the case has been one of absolving the same conditionally: concerning which matter it will soon be treated below.

3. He who in good faith errs about his obligations is regularly to be admonished, from charity both toward other persons whose interest it is, and toward the penitent himself, since observance of the divine law always profits. And when from an erroneous conscience he thinks sin to be where there is none, or grave sin where there is light, he must always be untaught, especially if there is danger of formal sin, because no goods are to be procured through evil. Yet let the confessor propose this in such a way that he in no way seems to approve what is light, or at least dangerous; indeed let him not omit to dissuade from dangerous things, and to exhort to better things. But if the penitent is not solicitous about true obligations, he will have to be admonished if hope of fruit is had and graver inconveniences are not feared. If fruit is not hoped for, or graver inconveniences are to be feared, the confessor must not and cannot admonish the penitent, since the good of the penitent must be procured by the confessor himself. And consequently he also licitly advises that he act according to his ignorance: for example, that Caia render the debt to Titius whom in good faith, although falsely, she judges to be her husband. Nor does some prejudice of a particular third party stand in the way.

Yet admonition will have to be made: a) if the silence of the confessor seems about to harm the common good; b) if the penitent himself doubts and asks, because then to keep back the truth would be to approve error. Yet the confessor must not say more than he is asked. Asked about the honesty of rendering the conjugal debt by him who, for example on account of a vow of chastity, can render but not ask that debt, he will pass over the asking of the debt with prudent silence; c) if the ignorance is foreseen soon to be going to become vincible or culpable, or the ignorance itself is spiritually harmful: as if it induces a proximate occasion of sinning formally, or confirms a depraved custom of doing things which are shameful.

Finally, in doubt whether admonition will be profitable or not, the importance of the matter must be compared with the degree of hope or fear, and those parts must be chosen which are judged to preponderate.

Yet no anxiety is to be had about a small excess. And let us hold the principle of St. Alph., VI, 610, 616 at the end: regularly formal evils rather than material ones are to be avoided. Wherefore d'Ann., III, 316, judges that regularly, in doubt, silence is to be kept.

Yet if the scandal (or sin) of the penitent will be brief and momentary, and there is hope that soon he will acquiesce, admonition regularly is to be made, especially if an account of the common good accedes; but this will better be done after absolution, lest the penitent be deprived of the fruit of the sacrament received.

Finally an admonition which, now useless or harmful, is foreseen later to be more useful and efficacious, will be able laudably to be deferred to a more opportune time.

These admonitions, insofar as they confer to the spiritual health of the penitent, pertain to the function of physician; insofar as they repair or impede the damages of others, they are to be given by the priest as neighbor, as will be said here immediately.

To procuring a good disposition there also pertains that the confessor help the penitent in perfecting the examination of his conscience, through suitable questions and indications.

4. From c. 887 itself, the penances to be given are to be salutary and suitable, adapted to the quality and number of sins, and to the condition of the penitent. Cf. below n. 545 ff.

— Sacramental confession affords the confessor a most propitious occasion of exercising the office of fraternal correction. This, as neighbor, for the common or private utility of the penitent or of another, he must fulfill from charity.

Wherefore, according to the norms of charity prudently weighed, the confessor will admonish the penitent concerning the obligation of laying aside hatred, of restoring honor, reputation, or goods unjustly injured; of removing for others an occasion of sinning; of removing or repairing scandals; of correcting delinquents; of helping the needy; of denouncing crimes or delinquents on account of the common good or of the innocent, etc.

This will be of greatest moment where there is question of penitent Prelates and of those who bear a public person.

Now we must speak a little more distinctly about the individual parts of the function. But before this, let us briefly explain with what qualities the confessor must be furnished.

— II. The qualities of the confessor. 1. While he receives confessions, the confessor must, in the first place, be constituted in the grace of God, at least through an act of contrition. Yet called unexpectedly to help a dying person, if he cannot so quickly recollect himself for eliciting true contrition, or in good faith judge himself contrite, although he is not in grace, he will not sin by absolving.

But of itself he who from his function is obliged to administer several sacraments frequently must already for this reason be in the habitual state of grace, lest he be opposed to a proximate danger of sinning mortally.

2. He also must be such that, in exercising this ministry, he is not placed, on account of his ignorance or fragility, in a proximate occasion of mortal sin.

As was said, t. I, in the treatise on Sins, n. 435, the number of sins can be estimated probably from the number of sessions in the tribunal of Penance.

— 1. For the confessor to absolve sins validly, it is enough that he know them at least under the confused account of sin. Nor is it necessary that he judge concerning all of them whether or not they are sins. Cf. Lugo, Paenit., d. 21, n. 71; St. Alph., l. 6, n. 627.

2. But for him licitly to exercise that ministry, that knowledge is required by which he can bear prudent judgment in this forum. Wherefore it is required: a) that he can suitably solve the more common cases, sufficiently distinguishing mortal sins, venial sins, and species, and knowing reservations and censures of more frequent application; b) that concerning graver and rarer cases he know how to doubt prudently, and to consult more learned men or theological books.

This competence is to be estimated relatively according to the diversity of places and penitents, as is evident; and also according to the abundance or lack of suitable priests.

For in necessity, the salvation of the faithful must be provided for in the better way in which it can be. Therefore for small towns and in less cultivated regions, learned men being lacking, the less learned both will licitly be deputed and will licitly hear confessions, provided that, according to their moral powers, they are zealous gradually to acquire for themselves suitable knowledge.

To the knowledge of the confessor it pertains to know several practically probable opinions, so that he can, according to the diverse condition and utility of penitents, now prescribe one, now another, if not to be followed, at least to be advised.

3. Prudence also is required in the instruction, admonition, questioning, and spiritual care of the penitent.

— Both priests who approach unprepared for hearing confessions sin, and Superiors who, without necessity, appoint or tolerate such men, when they can correct them.

But in doubt about his own suitability, a subject can well stand by the judgment of a Superior who, from familiar acquaintance itself, has sufficiently ascertained his character and doctrine: which easily happens in religious institutes.

— I. The Persons of the Confessor. 1. From the generic account of the sacrament the confessor must sustain the person of minister of the sacrament; from the specific account, the person of judge and physician: of judge, because absolution or retention of sins is a judicial sentence; of physician, because the judgment has been instituted for healing wounds. The function of judge, which is gathered from the nature of the sacrament, is more intrinsic than the function of physician, which is gathered from the end of the sacrament. And when there is question of medicine superadded to absolution (which makes one substantially sound), it pertains to the integrity of the person to be borne rather than to its essence.

Besides, as neighbor, according to the norms of charity, he must help the penitent according to his necessity and circumstances. But the parts of the function must be fulfilled under graver imputation and with greater inconvenience; indeed, insofar as they create an obligation toward another, they bind the confessor from justice and with the burden of restitution.

As minister of divine justice and mercy, he must consult the divine honor and the salvation of souls (c. 888, §1).

2. Corollaries. a) As minister of the sacrament he must, lest he be sacrilegious, take care for the validity of the sacrament, by teaching the penitent the things which are necessary for the value of the sacrament; by admonishing him who from vincible ignorance is in an evil state, and therefore, prudently, by questions that are rather general, by exploring his good faith; finally by denying the sacrament to the unworthy. The good disposition of the penitent must be morally known to him: morally, that is, by prudent probability, to which no grave reason is opposed, and which of itself is already begotten by the serious affirmation of the penitent; b) as judge he must, from justice toward the penitent, bring the cause begun, as much as is from himself, to an end through valid absolution, with a suitable penance added. He preserves the right of absolution who adheres to a probable opinion; he can of himself be absolved who in good faith follows an opinion not solidly probable, but which is covered by a sufficient appearance of probability. One doubtfully disposed cannot be absolved except conditionally, in a case of moral necessity, or of grave detriment to be avoided; c) as physician, he will endeavor to dispose the doubtfully disposed; he will help the penitent in perfecting the examination of his conscience; he will add counsels for amendment; he will give salutary penances; sometimes, but rarely, and almost only with the penitent consenting, he will defer absolution for the disposed, yet inclined rather to giving than to deferring absolution; d) as neighbor, for the common utility or the proper utility of the penitent or of another, he will exercise the office of fraternal correction, of which he has of itself a splendid occasion.

One erring in bad faith is to be admonished. One erring in good faith will prudently be untaught errors by which he too much increases his own obligations, so that he neither approaches dangerous things nor deserts better things. One erring about a true obligation will be admonished if hope of fruit is had without fear of graver inconvenience. If fruit is not hoped for, or greater evils are to be feared, the confessor will abstain from admonition, unless by his silence he seems to approve error, or is about to harm the common good, or is more harmful to the penitent himself, for example on account of a strengthened bad custom. Sometimes admonition will laudably be deferred to a more opportune time. In doubt, without anxiety, advantages and disadvantages must be weighed, yet so that formal sins rather than material sins are avoided.

II. Qualities. The function of confessor demands: the state of grace, procured at least through contrition; and the habitual state of grace in him who is accustomed to minister the sacraments; flight from proximate occasion of sin, from ignorance or fragility; knowledge, by which he knows how to solve the more common cases suitably, and concerning others to doubt prudently and to consult. To this knowledge also it pertains that he know several probable opinions. Yet for valid absolution it is enough that he know the things accused under the confused account of sin; and the required knowledge varies according to circumstances and the abundance of confessors; prudence, in the instruction, admonition, questioning, and spiritual care of the penitent.

Those who are not suitable and exercise the function sin; in doubt they can stand by the judgment of the Superior by whom they are known. Superiors who approve unsuitable men sin.