Morals of the Church
Library › Wouters, Manual of Moral Theology › Volume II › Book III. On the Aids of the Christian Life, or on the Sacraments › Treatise V. On Penance › Dissertation II. On the Sacrament of Penance › Part II. On the Ministration of the Sacrament of Penance › Section I. On the Ministration of the Sacrament of Penance Generally › Chapter II. On the Right Use of the Power › Article II. On Things to Be Avoided in Confession › § III. On Solicitation to Shameful Things

point — Wouters, Manual of Moral Theology

Point IV. On the Obligation of the Confessor with Respect to a Penitent who Is Bound to Denounce

423.

I. The confessor must, with the penitent's conscience gravely burdened, admonish a penitent solicited by another concerning the obligation of denouncing; nor does the penitent's good faith excuse the confessor from admonishing him or her, although even here there is sometimes place for epikeia. This is clear from the ecclesiastical documents cited or to be cited. It is said:

  1. The confessor (can. 904); and indeed every confessor, not only one who habitually enjoys jurisdiction, but also one who possesses it only transiently, for instance by hearing the confession of a dying person.

  2. The penitent ... solicited. Others who are not solicited but perhaps are bound by the law of charity to denounce (n. 420) must be admonished according to the common rules of admonishing.

  3. The penitent solicited by another. For a confessor is not bound to admonish a penitent solicited by himself (n. 420). Nevertheless, for this reason the penitent is not freed from the burden of denouncing, and once the burden is known, he or she must fulfill it.1

  4. Concerning the obligation of denouncing. Concerning the excommunication which the penitent incurs unless within a month, from the obligation having become known, he or she has satisfied the obligation (n. 424), the penitent must be admonished according to the common rules.

  5. Nor does the penitent's good faith excuse the confessor from admonishing him or her.2 Therefore admonition concerning the obligation of denouncing must be made even if the penitent is foreseen not to be going to obey. Thus, namely, the Church established on account of the common good; for a disposition of this kind more greatly deters confessors, and more greatly consults for denunciation (St. Alphonsus, VI, 694).

  6. Even here there is sometimes place for epikeia. Moreover, the admonition can be omitted if the penitent is in danger of death and is foreseen to be going to refuse denunciation; likewise if danger of disclosure and scandal is feared, for instance if the matter concerns a very frivolous and talkative person; likewise if the penitent did not understand the solicitation and the admonition cannot be made without scandal. If, however, he or she later understands it, the person must be admonished. Other excusing causes which are alleged by some, though few, cannot be reconciled with the severity of the law and give occasion for weakening discipline. Observe, however, that the admonition can be deferred if there is hope that the penitent on another occasion will do what would now be demanded in vain.

1 Proposition 7 condemned by Alexander VII (Denzinger-Bannwart, n. 1107).

2 Instruction of the Holy Office, February 20, 1867, response 3.

The Obligation of the Confessor with Respect to a Penitent who Is Bound to Denounce

424.

II. Penitents who have been admonished and entirely refuse cannot be absolved;1 but those who can defer denunciation for a just cause, and who pledge and seriously promise that they will make it as soon as they can, can be absolved. For the rest, observe:

  1. A penitent who without just cause has omitted to denounce the one soliciting within a month from knowledge of the obligation of denouncing incurs an excommunication latae sententiae, reserved to no one; nor is the penitent to be absolved from it unless after he or she has satisfied the obligation or has seriously promised to satisfy it (can. 2368, § 2).

  2. But if the penitent, "detained by no impediment, absolutely refuses denunciation, in this case ... the confessor is to be praised who has not denied his service to the penitent and has consulted either the Ordinary or the Holy See for opportune provisions, with the name of the penitent, however, suppressed";2 namely, afterwards dispensation from the burden of denouncing was granted by the Holy See.

1 Cited Instruction, response 5.

2 Cited Instruction, response 7.

The Obligation of the Confessor with Respect to a Penitent who Is Bound to Denounce

425.

III. If the case occurs, let the confessor:

  1. Weigh: 1. whether all the requisites, both on the part of the act and on the part of the circumstances, are present; 2. whether the penitent is worthy of faith.

a) As regards the first: if the external act is not ambiguous, the intention of the priest is judged to be consonant with the act; if the act is ambiguous, commonly the gravely depraved intention of the priest will also be doubtful.

b) As regards the other: a reason for doubting the sincerity of the penitent exists if he or she readily acquiesces in denunciation; likewise if, once the obligation has been proposed, the person begins to speak doubtfully. If doubt about sincerity remains, it is better to say only: If the things you say are true, you must admonish the Bishop; and the confessor should not provide his services to that person.

  1. In doubt he cannot impose the obligation, according to the norm of the things we noted in n. 419.

  2. Generally, unless the matter is manifest, before he imposes the obligation he should prudently consult someone more learned, and enjoin on the penitent that on another occasion he or she speak about the same matter.

The Obligation of the Confessor with Respect to a Penitent who Is Bound to Denounce

Within this division