Section — Wouters, Manual of Moral Theology

Section II. On Penances

893.

I. Notion. Penances in the external forum are imposed so that the delinquent may either escape a penalty or receive absolution or dispensation from a contracted penalty (canon 2312, § 1). In order that a penance can be imposed, grave imputability of a committed delict is nowhere required; nor is it required that there be a delict in the proper sense. That a transgression which does not reach the character of a delict suffices is clear first from the same canon, § 2, where this is insinuated by the words delict or transgression; then from canon 1313, § 2, according to which a penance can be joined by the Ordinary to a warning; but this does not prerequire a delict. Hence by reason of scandal given or danger of delict, and in other cases where amendment, for example of a cleric, is desired, the Ordinary can oblige him especially to make spiritual exercises, since these also have the character of a preventive remedy.1

II. Division. Penances are public or secret insofar as they must be fulfilled in a way easily knowable by others, for example an unusual pilgrimage, or can be fulfilled secretly, for example prayers to be recited. Moreover, on account of an occult delict or transgression, a public penance is never to be imposed (canon 2312, § 2).

III. Application. Penances are to be moderated not so much according to the quantity of the delict as according to the contrition of the penitent, with the qualities of persons and the circumstances of delicts weighed (canon 2312, § 3); for just as a penalty in the proper sense regards more the delict to be coerced or vindicated, so disciplinary penance regards more the disposition of the penitent, whether to be corrected or to be confirmed.

IV. The principal penances from canon 2313, § 1, are precepts:

  1. Of reciting determinate prayers.

  2. Of making some pious pilgrimage or other works of piety.

  3. Of observing a particular fast.

  4. Of expending alms for pious uses.

  5. Of making spiritual exercises in a pious or religious house for some days.

The Ordinary, according to his prudence, can add these or other penances to the penal remedy of warning and correction (canon 2313, § 2), namely so that the guilty person may show his amendment by their fulfillment.

1 Wernz, op. cit., n. 251.