Annual confession

As the Council of Trent teaches, there is a divine law which prescribes that all who fall into grievous sin after receiving Baptism should confess such sin to a priest and receive absolution for it from him. This divine precept is contained in the institution of the sacrament of Penance, and will best be explained when we come to treat of that sacrament. Here we have to do with a positive ecclesiastical law which supposes the divine law, but further determines it according to time and the person to whom the confession is to be made. The divine law does not determine any precise time for making the confession nor does it limit the choice of confessor. This was done by the Fourth Lateran Council, c. 21: “‘ Let all the faithful of both sexes after they have come to years of discretion faithfully confess all their sins in private at least once a year to their own priest, and do their best to perform the penance which he shall enjoin them.”

It is the common opinion of theologians that this law only affects those who have fallen into mortal sin, so that although venial sin may be confessed and affords sufficient matter for sacramental absolution, yet there is no law, human or divine, which imposes any obligation on the faithful in general to confess venial sins. The divine law does not do this, as the Council of Trent explains (sess. 14, c. 5), and the Lateran law only determines the divine law.

One’s own priest, according to the modern discipline of the Church, is any priest who has faculties for hearing confessions in the place where they are made. ‘To satisfy the precept it is not sufficient merely to make one’s confession; it must be made fruitfully, so as to merit absolution and reconciliation with God.¹

¹ Prop. 14, condemned by Alexander VII.

No special time within the year is mentioned by the council, and various methods of reckoning the year would satisfy its requirements; but as Easter time is assigned for the annual Communion which is also prescribed, in practice the two precepts are fulfilled together within the time appointed for the Easter duties. If one has neglected to go to the Sacraments within the prescribed time, he is not free for a further term, but he should go as soon as he can (Can. 906, 907).

(St. Alphonsus, Theologia Moralis, book VI, nn. 662-674; Homo Apostolicus, tract 12, nn. 35-38.)

I. Existence of the precept. The precept of annual confession, enacted by the Fourth Lateran Council in 1215,¹ confirmed by the Council of Trent,² is stated thus by can. 906: "Every one of the faithful of either sex, after he has reached the years of discretion, that is, the use of reason, is bound faithfully to confess all his sins at least once a year." For the rest, note that the precept of confessing is divine, as will be said in the treatise on the sacrament of Confession, but the precept of annual confession is ecclesiastical.

¹ Chapter Omnis.

² Session 14, De Poenitentia, canon 8.

II. The subject of the precept is those who have sinned mortally, and indeed - as is clear from can. 12, compared with can. 906 - even if they are not yet seven years old (St. Alphonsus, III, 270; VI, 686). It has been disputed whether those who have sinned only venially are held by the precept. This must be denied, considering, namely, the tenor of the law, which requires that the faithful "confess all their sins," so that if the aforesaid were held by the law, they would have to declare all venial sins; this cannot be admitted. It is confirmed by the fact that the Council of Trent¹ testifies that "nothing else is required in the Church from penitents than that... they confess those sins by which they remember having mortally offended their Lord and God" (St. Alphonsus, VI, 667).

Corollary. One who committed only venial sins and confessed them has not satisfied the precept for that year, since he was not bound by it. Yet sufficiently probably, by epikeia, he is not bound to confess again, even if during the same year he has committed a mortal sin: namely, the Church is not judged to oblige him to that. This is confirmed by the fact that otherwise he who had confessed only venial sins would be in a worse condition than he who had confessed a mortal sin. The same must be said about him who committed and confessed only doubtfully mortal sins.

¹ Session 14, De Poenitentia, chapter 5.

III. Time of fulfilling the precept. The precept obliges each year, but not at a determined time. Moreover, some compute the year from 1 January to 31 December;¹ others from Easter to Easter;² others say that it suffices that no greater interval of time than twelve months intervene between successive confessions.

In the internal forum the confessor can as it were extend the time of annual confession, and this for a reason which pertains to confession, for example if he judges that absolution must be deferred.

Corollary I. One who, once the useful time has begun, foresees that an obstacle will be placed to fulfilling the law is bound to anticipate (n. 167; St. Alphonsus, Homo Apostolicus, tract 12, n. 40).

Corollary II. One who has not satisfied the precept is more probably still bound to confess for the elapsed year, and indeed as soon as possible, because the time affixed seems to be for urging the obligation, not for ending it (St. Alphonsus, VI, 297, 668).

Corollary III. One who has confessed for the elapsed year is more probably bound to confess again in the same year if he again falls into mortal sin. The reason is that by the prior confession he satisfied a fulfillment affixed per se to the elapsed year, and a man of this sort cannot by epikeia be judged immune from the burden of confessing again (St. Alphonsus, VI, 669).

¹ With the year understood in this way, per se someone who confessed on 1 Jan. 1915 could postpone confession until 31 Dec. 1916.

² With the year understood in this way, one who confessed at Easter of the year 1915 could per se defer confession until the Saturday before Easter of the year 1917.

IV. Mode of fulfilling the precept. 1. It is open to any one of the faithful to confess his sins to any legitimately approved confessor, even of another rite, whom he prefers. So says can. 905. For the rest, the obligation concerning which Lateran spoke, of confessing to one's own pastor or of asking permission from him so that confession could be made before another, has long since ceased.

St. Thomas had already written in his own time: "Moreover, a priest would sin if he were not ready to grant permission to confess to another, because many are so weak that they would rather die without confession than confess to such a priest. Hence those who are too solicitous to know through confession the consciences of their subjects cast many into a snare of damnation, and consequently themselves also... And therefore, if it seems expedient to superior prelates for promoting the salvation of the people and the honor of God, that they commit to others things which are of jurisdiction, no prejudice is done to inferior prelates, except to those who seek the things that are their own, not the things that are Jesus Christ's, and who preside over the flock not that they may feed it, but that they may be fed by it" (Supplementum, q. 8, arts. 4 and 5).

2. One who makes a sacrilegious or voluntarily null confession does not satisfy the precept of confessing sins (can. 907): sacrilegious, as if someone conceals sins; voluntarily null, suppose if a penitent, having confessed sacramentally and having been instructed by the confessor concerning a grave obligation, does not wish to fulfill it, so that he cannot be absolved.

The Third Precept of the Church.—This precept commands that all the faithful, male and female, who have reached the age of discretion go to confession at least once a year (Canon 906).

(a) The subject of this precept is every baptized person who has entered the Church through valid Baptism and who has the use of reason, which begins usually at the age of seven. Infants are incapable of committing sin, and the unbaptized are incapable of receiving the Sacrament of Penance.

(b) The matter of the precept is a good sacramental confession of the grave sins not yet confessed, made with the purpose of obtaining absolution to any duly authorized priest. Hence, those who have only venial sins on their conscience are not bound according to the common opinion by this precept, and, on the other hand, those who make a sacrilegious or voluntarily null confession do not fulfill the law (Denzinger, n. 1114; Code, Canon 907). It seems that one who, after a confession of venial sins at Easter, falls into grave sin is not bound from this precept to confess again before the end of the year.

(c) The time for fulfillment of the precept is once during the year. The law leaves one free to confess on any day during the twelvemonth, and to count the year either civilly (i.e., from January 1 to December 31), or ecclesiastically (e.g., from Easter time to Easter time, as is commonly done), or from the date of the last confession. The limit is set, however, not to terminate but to insist upon obligation, and hence it seems that he who has not made his 1957 confession must make it as soon as possible in 1958, but the 1957 confession made in 1958 will satisfy for the 1958 obligation also (see 468 sqq.).

The Obligation of the Third Precept.—(a) Origin.—From divine law sacramental confession is necessary for all who have fallen into serious sin after Baptism, since Christ has given His Church the keys of heaven and appointed His bishops and priests the physicians and judges to cure and pardon (Matt., xviii. 18; John, xx. 23). But Our Lord did not fix the frequency of confession, and it is this which the present precept determines. The law of annual confession goes back to the Fourth Lateran Council (1215).

(b) Gravity.—The precept of annual confession obliges under pain of mortal sin, for its purpose is of vital importance and the Church has always regarded it as a grave obligation. The purpose of the law is to ensure the use of the Sacrament instituted by Christ for forgiveness and to keep sinners from delaying their repentance too long. If a good business man takes stock of his assets and liabilities at least once a year, and those who are careful of their health have medical attention or examination at least yearly, it is most reasonable that the faithful should settle their spiritual accounts and attend to the well-being of their souls within an equal period of time. In the early centuries when fervor was greater and conditions different, no general church law on the frequency of confession was needed; but there is no doubt that the Lateran Decree met well the need that began after the change from the early penitential discipline, The penalties for violation of this precept were excommunication and exclusion from ecclesiastical burial, and, though they are not enforced today, they show the intention of the Church to impose a grave duty.

What is the third and fourth precept of the Church? - The third precept of the Church is that the faithful confess their sins at least once each year to their own priest, namely to the Pope, Bishop, pastor, or any priest approved by the Bishop. Innocent III in Lateran Council IV, a. 1218, can. 21, Omnis utriusque sexus; Benedict XIV, de Syn. l. 11, c. 14, n. 2-6. - The fourth precept is that the faithful, each year, at least at Easter time, approach the Most Holy Sacrament of the Eucharist. Innocent III, l. c.; Trid. s. 13, c. 9.; E. M.

When are children judged to have attained the years of discretion, so that they are bound by the precept of Confession? - When they are capable of mortal sin; that is around the seventh year, which is to be judged not from age alone, but chiefly from the degree of understanding or discretion of good and evil. But the spirit of discretion is judged to be present in those who now apprehend that lying or disobedience is evil, or who are ashamed of certain impure actions, etc. Hence pastors of souls are held gradually to prepare these little children for Confession, and to absolve those in whom they observe mortal sin, even doubtful, at least within the year, by force of the Lateran Council. In doubt concerning discretion, let them be absolved conditionally. Therefore Confessors who never wish to absolve children committed to them gravely err and cannot be excused. But from the same age of discretion, that is around the seventh year, the obligation also of Communion begins. S. C. de Sacram. 8 Aug. 1910.; L. 1. 3, n. 370.; l. 6, n. 432-666.

Whether he who is not burdened with mortal sins is held to confess by reason of the precept of annual Confession? Resp. Negatively. The reason is that the Church, by commanding annual Confession, determines the precept of Confession imposed by Christ. But Christ imposed no other precept of Confession than that of mortal sins, as is clear from Trent s. 14, C. 1, 5.; c. 1, 2, 6, 7. - Therefore. C. De Lugo calls this opinion common and truer, Resp. Mor. l. 1, d. 15, n. 2.; L. l. 6, n. 663, 667.; Schmalz. de Poenit. et Rem. n. 16.

Note: "Notwithstanding these things, certain regular, or even synodal, statutes are given, by which religious, and in certain dioceses clerics, are obliged to receive the sacrament of penance more often within the year, even if they are conscious to themselves only of venial sins.... Meanwhile, however, similar statutes ordinarily, and speaking of themselves, do not oblige under grave sin." Struggl 18. From the Norms of the S. C. EE. and RR., art. 138, Religious are held ordinarily to make sacramental confession once a week.

Resolutions: "If someone within the year and at the beginning of Easter time confessed only venial sins, and then within Easter time fell into mortal sin, he would be held to confess it: because he would not yet have satisfied the precept of the Church, which obliges only to confessing mortal sins. Meanwhile, however, it is also probable that he is not held to confess before the year has elapsed from the sin committed." Struggl 12. Indeed, since doctors are not lacking who hold that annual Confession from obligation, in defect of mortal sins, is extended to venial sins; and the faithful think that by annual Confession they have now satisfied the obligation; certainly they ought not to be obliged, in the case, to a repeated Confession of mortal sins committed afterward. Cf. St. Thomas, 4 d. 17, q. 3, a. 1.; d. 16, q. 2, a. 2.; s. q. 6, a. 3.; q. 8, a. 5 ad 4.; Benedict XIV, Inst. 18, n. 24.

Whether this precept is attached to Easter time? - This precept is not per se, but only per accidens, attached to Easter time. The reason is that the Church nowhere commanded annual Confession determinately for Easter time, as it did Easter Communion. It is not per se, but only per accidens attached, etc.; for one having mortal sin is obliged to Confession at Easter time per accidens, and by reason of Communion to be received at Easter time; because for receiving this worthily in a sinner, contrition does not suffice, but sacramental Confession is required. Trent s. 13, C. 17, c. 11.; Struggl 10.

From what time is the year of Confession to be computed? - It can probably be computed from the first day of January to the last of December, or from the last Confession, or from one Easter time to another Easter time. Struggl 11.; L. 662. "But Lugo with the common opinion says that there is no obligation of confessing on account of the sole danger of forgetting sins." L. 665, 671.

Whether the precept of the Church is satisfied by an invalid Confession? Resp. Negatively, whether the Confession is voluntarily or involuntarily invalid. The first part is openly clear from proposition 14 condemned by Alexander VII. The second part is clear from the fact that the Church commands a Confession through which the sinner is reconciled with God. Hence, if a priest had invalidly absolved a penitent from defect of due intention or jurisdiction, and the latter found this out, he would have to confess again, if he knew himself to be guilty of mortal sin. Struggl 13. - Likewise he by no means satisfies the precept of Communion who communicates sacrilegiously. E. M.

Whether annual Confession which is not made to the pastor, or to another with the pastor's permission, is sufficient for satisfying the precept of the Church concerning annual Confession to be made to one's own priest? Resp. Affirmatively. The reason is that he who confesses to a priest having jurisdiction and approved now confesses to him by the permission of his own pastor, namely either of the Supreme Pontiff or of the Bishop, who deputed him so that he might hear the Confessions of all coming to him. Lugo Resp. Mor. l. 1, d. 15, n. 2.

Whether he who has not confessed for a whole year is held to confess as soon as possible? - Resp. Affirmatively. Because the precept imposed by the determination of the Church urges; for the term of the year was not placed by the Church to end the obligation, but only to urge it, as is sufficiently gathered from the words of the precept: at least once in the year. Yet another opinion is present which denies it. Moreover, he who confesses in the following year satisfies by one confession the precept of each year; and there is no one in practice who obliges him to another confession. For the precept is only concerning confession to be made once in the year. Therefore in this same year he is not held to another. L. l. 6, n. 668, 669. Cf. 1568 and Lugo de Poenit. d. 15, n. 180.

1. Antoninus in paschal time confesses his sins, although he had made sacramental confession only in the paschal time of the preceding year. In the present confession he confesses only venial sins; then he accuses a doubtful mortal sin, and forgets a certain grave sin.

Q. Is he held to confess again?

Resp. 1. Antoninus satisfied the precept of annual confession, confession having been made in the paschal time of the preceding and following year. For there are various opinions concerning the year to be computed as to this precept. Among others this also is present, that the year is computed from Easter to Easter, because this is considered the ecclesiastical year, and more conformable to the custom of the Church. The faithful, especially those who confess their sins only once in a year, are accustomed to make confession in paschal time, by a custom approved by Trent, sess. 14, c. 5, so that they may prepare themselves for paschal communion. I. M. 1558.

2. Antoninus does not seem to be held to repeating confession. For, 1. by confession of venial sins he probably satisfied the precept of annual confession. For although the common opinion holds that by this precept the Church imposes only the confession of mortal sins, nevertheless there are grave authors who judge that this precept also embraces the confession of venials only, if someone has committed no grave sin. S. Th. 4. d. 16. q. 2. a. 2; d. 17. q. 3. a. 1; Suppl. q. 6. a. 3; q. 8. a. 5 ad 4; Bened. XIV, Inst. 18. n. 2-4. Besides, he also probably satisfied the precept of annual confession by confessing a doubtful mortal sin. For many and grave authors teach that an obligation is present of confessing doubtful sins. “Here truly,” says Lugo, de Sacr. poenit. d. 15. n. 169, “he has already once fulfilled the precept of the Church and of Christ in the same year; for the precept of Christ, although it is not of confessing venials, nevertheless is of confessing not only certain grave sins, but also doubtful ones. Therefore that precept has been fulfilled by confessing those doubtful sins which he then had.” And La-Croix, l. 6. p. 2. n. 2041: “He who at least once during the year has confessed a doubtful mortal sin with venials satisfies, and is not held to confess again, although afterward he falls into a certain mortal sin; because there was an obligation of confessing that doubtful sin. Therefore he placed matter of the precept.” Cf. S. Alph. l. 6. n. 473 seqq. But that Antoninus forgot a grave sin does not impede that he has already sufficiently satisfied the precept of the Church of annual confession. Wherefore he is indeed held to accuse that sin in the next confession, but he is not held to a repeated confession, so that satisfaction may be made to the precept of annual confession of the present year, since he has already satisfied this precept. I. M. 1554, 1556.

2. Hedvigis, a woman lying sick with a grave illness, received sacred Viaticum on Palm Sunday. But, since after a few days she almost entirely recovered, she asks her confessor whether she is held to go out of the house, so that she may satisfy the precept of paschal communion.

3. Emporius, a merchant, since by reason of commerce he is found outside his own parish during paschal time, asks his confessor whether he can receive paschal communion in the place where he presently is, or whether he ought to return to his own parish.

Q. What as to the Cases?

R. Hedvigis does not seem to be obligated to repeated communion. For although she received communion by way of Viaticum, nevertheless she truly received communion in paschal time, and, as is supposed, she received it from the pastor or his delegate, and in a public manner; whence she adequately satisfied the end of the law, which is public edification and submission to one’s proper pastor. G. 453.

Emporius is not held to return to his own parish unless he can do so easily. He can then receive communion in the place where he is. For pilgrims satisfy this precept by receiving communion where they are staying during paschal time. I. M. 1566; G. 454.

477. • This precept is contained in Lateran Council IV, held under Innocent III in the year 1218, canon 21, which reads thus: "Every faithful person of either sex, after he has reached the years of discretion, shall faithfully confess all his sins alone, at least once in the year, to his own Priest," namely to the Pope, Bishop, Parish Priest, or Priest approved by the Bishop. - Bened. XIV, de Syn., l. XI, c. 14, n. 2-6.

478. Questions. - Q. 1. When are children considered to have reached the years of discretion, so that they are bound by the precept of annual confession?

Resp. When they are capable of mortal sin; and this must be judged not from age alone, but chiefly from the degree of understanding or discretion of good and evil. Sufficient discretion is considered to be present in those who already apprehend that lying or disobedience is evil, or who blush over certain impure actions, etc.

Hence Pastors of souls are bound gradually to prepare even little children of seven years for confession, and to absolve those in whom they notice mortal sin, even doubtful mortal sin ¹, at least within the year by force of the Lateran Council. - St. Lig., l. 6, n. 662-666; l. 3, n. 270. In doubt about discretion, let them be absolved under condition. - St. Lig., de Poenit., n. 666.

¹ But someone would think most foolishly also that little children should be dismissed without absolution, although it is established that they are stained by no mortal fault, not even doubtful. For would anyone doubt that the sacrament in these also has its force, and confers grace ex opere operato? Or why will the minister of God deprive these souls, very dear to God, of that grace which both makes them dearer to God and gives them very much protection and strength for preserving the state of grace? On this argument Joseph Frassinetti must certainly be seen in the excellent work whose title is Manuale del Parroco novello, Part II, Chap. II, § 6, where he opportunely dispels certain anxieties by which some are pressed concerning the sufficient disposition of children for receiving this sacrament.

Therefore Confessors gravely err and cannot be excused who never wish to absolve children committed to them before the age of first Communion. - St. Lig., ibid. Q. 2. Whether he who is not burdened by mortal sins is bound to confess venial sins by reason of the precept of annual confession?

Resp. It is denied; because the Church commands only that confession which is from the institution of Christ. But Christ commanded no other confession except that of mortal sins, as the Council of Trent explains, sess. 14. - St. Lig., l. 6, n. 667, and others commonly.

Moreover, as to practice this question is of the least moment; for what faithful person burdened only by venial sins omits to confess at least once in the year, or is accustomed to approach the sacred Synaxis unconfessed from year to year?

Q. 3. Whether he who has not confessed for a whole year is bound to confess as soon as possible?

Resp. It is affirmed. Because the term of the year was not placed by the Church for ending the obligation, but only for urging it. - St. Lig., l. 6, n. 668.

479. • Q. 4. Whether an annual confession which is not made to the Parish Priest or to another with the permission of the Parish Priest is to be considered valid?

Resp. It is affirmed. - Thus commonly; and today, says St. Liguori, it is certain from universal custom. Compare the things to be said concerning the Sacrament of Penance, c. 2. - See Cases, n. 443 and following.

See more concerning confession in the Treatise on the Sacrament of Penance.

465. II. Confession is also necessary by ecclesiastical law, at least once a year, for all the faithful who have sinned gravely. This is evident from the Councils, but especially from the Fourth Lateran Council under Innocent III, in these words: Every faithful person of either sex, after he has reached the years of discretion, shall alone faithfully confess all his sins at least once a year to his own Priest and endeavor, according to his own ability, to fulfill the penance enjoined upon him...; otherwise, while living, let him be barred from entrance into the Church, and when dying, let him lack Christian burial.

1. The precept of annual confession is stated in the New Code of Canon Law as follows: “Every Catholic of either sex, after having arrived at the years of discretion, that is, after having attained the use of reason, is bound to confess all his sins truthfully at least once a year.”¹

¹ C. I. C., can. 906.

a) The subject of this law is omnis utriusque sexus fidelis, i. e., every baptized Catholic who has arrived at the age of discretion. The age of discretion, as the law itself explains, is that at which a child begins to use his reason, i. e., about the seventh year. Pastors are consequently obliged to prepare the children entrusted to their care for the reception of the Sacrament of Penance, hear their confession, and give them absolution if they have committed a mortal sin, when they approach their seventh year, nay, even earlier if they enjoy the use of reason before that age.² Pope Pius X, in his famous decree “Quam singulari,” condemns the custom of not admitting children to confession, or not absolving them, when they have arrived at the age of discretion.³

² Cfr. A. Tanquerey, Synopsis Theol. Moralis et Pastoralis, Vol. I, p. 29.

³ “Quam singulari,” Aug. 8, 1910; cfr. J. B. Ferreres, S.J., The Decree on Daily Communion, tr. by H. Jimenez, S.J., London 1909.

b) The object of this precept is stated in the phrase, “omnia peccata sua.” It is the common opinion of theologians that this law affects only those who have fallen into mortal sin, as there is no precept, human or divine, which makes it obligatory to confess venial sins. The divine law does not impose this obligation, as the Council of Trent explains,⁴ and the Lateran law, transcribed by the Code, merely determines the divine law.⁵

⁴ Conc. Trident., Sess. XIV, c. 5.

⁵ Slater, Manual of Moral Theol., Vol. I, pp. 576 sq.

Hence a Catholic who has committed no mortal sin in the course of a year is not strictly bound to go to confession. It is advisable, however, that those too, who are conscious of venial sins only, go to confession at least once a year, lest, deprived of the grace of the Sacrament of Penance, they fall more easily into mortal sin.⁶

⁶ Tanquerey, op. cit., I, 29.

Some theologians hold that the precept of annual confession is not satisfied by confessing venial sins only and that, therefore, if one has gone to confession, say, at the beginning of the year, or of the paschal season, with none but venial sins, and afterwards, before the end of the year, has had the misfortune of falling into a mortal sin, he is obliged to go again, in order to comply with the law of the Church. Others (Palau, Victor, Reginald, Coninck, Laymann, Bonacina, Ballerini, Génicot, Tan- querey, etc.) hold that the ecclesiastical precept is fulfilled by any valid confession. In practice, therefore, it will be prudent to advise, but not to compel, penitents to make another confession.⁷

⁷ Op. cit., I, 30.

c) The manner in which the faithful should confess their sins is described by the word “fideliter,” which means that the confession must not be voluntarily invalid. “He who makes a sacrilegious or voluntarily invalid confession does not satisfy the law.”⁸ Voluntarily to make an invalid confession is to commit a sacrilege, and the law of the Church cannot be satisfied by a sacrilege.⁹

⁸ C. I. C., can. 907.

⁹ Tanquerey, Synopsis Theol. Mor. et Pastor., Vol. I, p. 30.

d) The frequency with which confession should be made is determined by the words, “saltem semel in anno.” The year within which the obligation must be complied with may be reckoned variously, e. g., from Easter to Easter, or from one confession to the next, or from the first of January to the thirty-first of December.¹⁰ However, as the Easter time is expressly assigned for the annual Communion, the two precepts are in practice generally fulfilled together within the time appointed for the Easter duty.¹¹ “Hence one who in the beginning of the year foresees that he will probably not be able to go to confession before the year ends, if conscious of mortal sin, must receive the Sacrament of Penance when the opportunity presents itself; for as the precept obliges “once a year,” it must be satisfied when it is morally possible to do so.

¹⁰ Cfr. J. B. Ferreres, S.J., Compend. Theol. Mor., Vol. I, p. 386; J. Bucceroni, Theol. Mor., Vol. I, n. 1558.

¹¹ Cfr. Slater, Manual of Moral Theol., Vol. I, p. 577.

One who is conscious of mortal sin, but has neglected to go to confession during the prescribed period, must do so as soon as the opportunity presents itself, because the law assigns the time for satisfying the obligation ad determinandam, not ad finiendam obligationem. This is the opinion of most theologians, though a few eminent authors hold that the obligation ceases when the time appointed for its fulfilment has expired.¹² No difficulty is likely to arise on this head, however, as St. Alphonsus teaches¹³ that one who has neglected the duty of annual confession one year, and comes to confession the next, accusing himself of the mortal sins he has committed in both years, satisfies his duty and is not, therefore, bound to confess twice, and the penitent, whether he knows of the theological discussion or not, will not consider himself guilty of a multiplication of sins for not having confessed quam primum or whenever an opportunity offered after the year had elapsed.

¹² Cfr. Tanquerey, Synopsis Theol. Mor. et Pastor., Vol. I, p. 30.

¹³ Theol. Mor., n. 669.

e) According to the present discipline it is no longer necessary to make the annual confession to one’s pastor, or to some priest authorized by him, for the Code says: “Every Catholic is free to confess his sins to any legitimately approved confessor, even of a different rite, as he may prefer.”¹⁴

¹⁴ C. I. C., can. 905.

f) A few historical notes on the precept of annual confession may be welcome. The canon “omnis utriusque sexus” of the fourth Lateran Council (1215), which has been received into the new Code, is the first universal law imposing annual confession in the Latin Church. It was preceded by many particular or local laws, which made the practice all but general throughout the West several centuries before that council was held. How far back the origin of this discipline goes cannot be determined with any degree of certainty. In the early days of Christianity the faithful probably went to confession only when they had committed “grave and mortal sins,”—sins of which St. Augustine says that, unlike the daily faults which God Himself pardons, they can be ordinarily remitted only through the power of the keys.¹⁵ A synodal statute of Rheims (perhaps of the seventh century) designates Lent as the time of the year when the pastor should hear the confessions of his people. But the authenticity of this law is doubtful. Towards the middle of the eighth century annual confession appears to have been a common practice.¹⁶ Later it became customary to go to confession three times a year,¹⁷ and laws to this effect were passed in various dioceses.¹⁸ But they were poorly observed. In 1215, the fourth Lateran Council finally issued its twenty-first canon, which still governs ecclesiastical discipline on this point.¹⁹

¹⁵ Serm., 278 (Migne, P. L., XXXVIII, 2273 sqq.).

¹⁶ Cfr. A. Villien, History of the Commandments of the Church, p. 158.

¹⁷ Ibid., pp. 162 sqq.

¹⁸ Ibid., pp. 166.

¹⁹ Text of the whole canon in the Corpus Iuris Canonici, l. V, tit. XXXVIII; analysis in Villien, op. cit., pp. 167 sqq.

READINGS.—Ths. Slater, S.J., A Manual of Moral Theology, Vol. I, pp. 576 sq.—Ad. Tanquerey, Synopsis Theol. Mor. et Pastor., Vol. I, pp. 27 sqq.—H. Noldin, S.J., Summa Theol. Mor., Vol. II, pp. 713 sqq.—J. B. Ferreres, S.J., Comp. Theol. Mor., Vol. I, pp. 386 sq.—A. Lehmkuhl, S.J., Theol. Mor., Vol. I, pp. 838 sqq.—Sabetti-Barrett, Comp. Theol. Mor., pp. 328 sqq.

On the history of the precept see A. Villien, A History of the Commandments of the Church (English tr.), St. Louis, 1915, pp. 151-188.

St. Th., Suppl., q. 6, a. 3 and 5; q. 8, a. 4 and 5.

511. There is given a twofold precept concerning confession: divine and ecclesiastical. - The divine precept, as is clear from the preceding article, determines the obligation, but not the time in which it must be fulfilled; the ecclesiastical precept defines beforehand the time and other circumstances.

512. The divine precept does not oblige immediately after mortal sin, just as neither does penance itself or contrition: "it is not of the necessity of bodily health," says St. Thomas, "that a physician be sought immediately, unless when the necessity of healing is urgent, and similarly it is with spiritual evil" (q. 6, a. 5, ad 2). Hence at no time has the Church ever enjoined immediate confession, nor are the faithful conscious of such an obligation. Nevertheless:

A. The precept obliges of itself:

1. Certainly, in the article of death and in a very probable danger of death, or of perpetual insanity, or of another impediment on account of which one can foresee that he will never have an occasion of confessing sins.

Thus, whether the danger arises from disease, or from battle, or from condemnation by a judge, or from dangerous childbirth, or from surgical cutting, or from a very dangerous voyage, or from any other cause. For he who, placed in such a danger, does not fulfill the divine precept, rashly exposes himself to the proximate danger of never fulfilling it; hence he is judged not to will to fulfill it, since he neglects the necessary means, which certainly is the same as violating the precept.

2. Probably, several times in life, because the sinner seems to be bound not to remain long in mortal sin, as one who otherwise will fall into a new sin; but the ordinary means of rising from sin is confession. This is valid at least concerning him who cannot elicit perfect contrition or does not will to elicit it.1

In practice there is no difficulty concerning this, since the Church has decreed that confession must be made at least every year. For since Christ obliged to this indeterminately, and left it to the Church to be determined, and since by perfect contrition also, with the desire of the sacrament, the natural precept of penance can be fulfilled, of itself it cannot be urged upon penitents that they confess more frequently than has been determined in the precept of the Church; and to observe this of itself suffices.¹

¹ Cf. Quodl. I, 11.

B. Accidentally and by reason of another natural or positive precept we are held to confess:

1. when Holy Communion is to be received, if the one about to communicate is in mortal sin not yet remitted by the keys, not even indirectly (Council of Trent, sess. 13, c. 7; Code of Canon Law, can. 856);

2. when the state of grace is required, e.g., for receiving another sacrament of the living, and at the same time the sinner cannot or does not will to elicit an act of perfect contrition;

3. when a grave temptation or depraved habit cannot be overcome without confession. Since, however, there are often other means, sinners are rather to be exhorted to this than compelled.2

In all these cases the obligation does not arise from the precept itself of confession; hence its omission is not a sin against the divine precept of confessing, but against another precept by force of which confession was required. Nor does an obligation of confessing immediately arise from the danger of forgetting sins, because no precept exists of retaining them in memory or of providing lest sins be given over to oblivion; rather, the one precept is of confessing those sins of which, after diligent examination, we have consciousness.

1. Of itself; for accidentally, if the confessor judged that more frequent confession was altogether necessary for someone in order to persevere, he could impose it.

2. Others add: upon return to the Church, even if Baptism is repeated conditionally (Holy Office, Dec. 17, 1868; S.C.P.F., July 12, 1869). But this is nothing other than the ecclesiastical precept of annual confession, because while in the external forum Baptism is presumed valid, the Church urges the precept of confessing every year. On this see our Questions concerning Various Sins to be Remedied in Sacramental Confession, c. II, § A, q. 1, n. XIV.

513. The ecclesiastical precept, after several and diverse particular laws were already in force in particular Churches for various times, was imposed universally in the thirteenth century in the Fourth Lateran Council (1215): "Every faithful person of either sex, after he has reached the years of discretion, shall alone faithfully confess all his sins at least once a year to his own priest, and shall strive according to his strength to fulfill the penance enjoined on him..., otherwise, while living, he shall be barred from entrance into the church, and when dying, shall lack Christian burial." This was confirmed by the Council of Trent, sess. 14, c. 5, can. 8, and substantially retained in the Code of Canon Law, can. 906. Moreover, that precept was not enacted precisely on account of Paschal Communion, because the end of each is different; and therefore he who, on account of some cause, cannot receive Holy Communion must nevertheless confess once a year.

In this precept six things are indicated, namely the subject of the commanded confession, the object, the mode, the frequency, the minister, and the penalties upon transgressors.

1. The subject of the precept is: every faithful person of either sex. By these words all the baptized and they alone are indicated, who are conscious of mortal sin not yet declared in valid confession;1 also children who have reached the years of discretion, i.e., the use of reason, as is clear from can. 906, by which, namely, they can discern between good and evil and are capable of mortal sin.

Hence pastors are bound

a) to instruct children concerning confession already from the seventh year, and sometimes earlier, if they already enjoy the use of reason;

b) they must absolve those who accuse themselves of mortal sin, even doubtful mortal sin, provided they are rightly disposed; and in doubt concerning sufficient discretion or disposition, they are to be absolved under condition, "if you are capable," lest perhaps they remain in sin;

c) confessors gravely err who do not will to absolve children entrusted to them before first Communion; this abuse Pius IX reproved in a letter to the bishops of France, March 12, 1855.

2. The object of the precept is that he confess all his sins. This certainly cannot be understood of venial sins, because no one can confess all of them (St. Thomas, q. 6, a. 3, ad 3), but only of mortal sins.2 For the Church by her precept willed only to determine more closely the divine precept by establishing the time of confession; but the divine precept obliges only to the confession of mortal sins, as is clear from the Council of Trent, sess. 14, c. 5.

From this it follows that he who has not sinned mortally during the year, strictly speaking, is not held to confess. Nevertheless it is expedient that one having venial sins not abstain from annual confession; indeed, formerly several said that he is bound "to present himself to the priest and show himself to be without consciousness of mortal sin" (St. Thomas, l. c.), but today at least such an obligation is not proved to exist, unless sometimes accidentally, by reason of scandal.

3. The mode of confession is that he confess faithfully, by which it is signified that the precept is not satisfied by a voluntarily invalid or sacrilegious confession, as is clear from the condemnation of prop. 14 by Alexander VII and from can. 907; nor by a confession involuntarily null, because it is not true confession, nor by it is the end of the precept obtained, reconciliation with God.

And indeed: sacramental confession is required, because the Church intends more closely to determine the divine precept, and because the Lateran Council adds: "he shall strive to fulfill the penance enjoined." Hence he who has not received absolution, whether because of a defect of contrition, or because of a reserved sin, or because of another reason, does not satisfy. Hence in the case the precept still urges (Council of Trent, sess. 14, c. 5).

4. The frequency of confession is determined by these words: at least once a year; both because it can happen that, from another precept than the ecclesiastical precept of annual confession, we are held to confess more often in a year, and because the Church desires that we confess even several times rather than once in a year. This year is computed: according to some, from the time at which the first mortal sin is committed; according to others, from January 1 to the following January; according to others, from Easter to the following Easter, and this manner is observed by the faithful and is easier in practice; finally according to others, from the last confession. Hence in practice it suffices if morally more than a year does not intervene between two Confessions.

Hence 1) he who, once the year has begun, foresees that he will no longer have an abundance of confessors before the year has elapsed, and otherwise is conscious of mortal sin, is bound to anticipate and make confession while he has an abundance of confessors, because once the year has begun the precept is already present and obliges, and therefore it must be fulfilled at the time at which it is morally possible; nevertheless he is not bound, nor can he, anticipate for the following year, because that precept of the following year is not yet present or obliging;

2. on the contrary, if someone conscious of mortal sin has not confessed within the prescribed time, within the year, he must confess as soon as possible; and the longer he delays, the more gravely he sins, because the time was established not for ending the obligation but for urging it. But if in the following year he has fallen into a new sin, nevertheless he is not held to confess twice, but by one and the same confession he satisfies, by which he confesses the mortal sins both of the past and of the present year; for thus he fulfills the whole end of the precept, reconciliation with God.

5. The legitimate minister to whom we must confess was formerly determined in law: one's own priest, i.e., the pontiff, bishop, or pastor; but today by legitimate custom this disposition has been abrogated, so that not only by privilege, but anyone can, at least generally and ordinarily, confess to any priest having jurisdiction.

But in the time of St. Thomas the law of confessing to one's own priest was still in force, and nevertheless he wrote: "He would sin, however, if he were not ready to grant license of confessing to another, because many are so weak that they would rather die without Confession than confess to such a priest. Hence those who are too solicitous to know the consciences of their subjects through confession cast the snare of damnation upon many, and consequently upon themselves" (q. 8, a. 4, ad 6).

6. A twofold penalty is added by the Lateran Council for those transgressing the precept, namely prohibition from entrance into the church, or excommunication, and deprivation of ecclesiastical burial; but each is of a sentence to be passed, not of a sentence already passed, and therefore is not incurred except after the sentence of the bishop.

In the new Law no penalty is any longer directly decreed against violators of the precept; nevertheless canon 1240 deprives public and manifest sinners of ecclesiastical burial, to whom those who do not fulfill this precept can pertain.

1. Even a heretic, whose transgression, however, as also of other ecclesiastical laws, coalesces into one sin with formal heresy itself, because it is easily understood through the confession of this.

2. Yet the Church could command under grave obligation the confession of venial sins: thus, e.g., weekly or fortnightly confession was sometimes imposed under grave obligation upon religious in certain rules.

I say. There exists a precept of annual confession, and it is proved from can. 906 of the new code: Every faithful person of either sex, after he has arrived at the years of discretion, that is, at the use of reason, is held faithfully to confess all his sins at least once in the year. Cf. Can. 906.

He who makes a sacrilegious confession does not satisfy the precept of confessing sins (Can. 907).

Question 1. How is the year to be computed in this matter?

Response. The Doctors do not agree; for some compute it from one confession to another, others from the beginning of January to the end of the month of December, and still others, whom the custom received almost everywhere favors, compute it from Easter to Easter. - Cf. St. Alphonsus, de Sacram. paenit., n. 662. - Lugo, de paenit., disp. 15, n. 154.

Question 2. To what confessor is confession to be made?

Response. It can be made to any confessor legitimately approved, even of another rite. - Cf. Can. 905.

Question 3. What is the age of discretion?

Response. Pius X, by the Decree Quam singulari, 8 Aug. 1910, established the following norm concerning the first Communion of children to be observed everywhere. "I. The age of discretion, both for Confession and for Holy Communion, is that in which the child begins to reason, that is, about the seventh year, whether above it or even below it. From this time begins the obligation of satisfying both precepts, of Confession and of Communion. II. For first Confession and for first Communion a full and perfect knowledge of Christian doctrine is not necessary. Yet the child afterward must gradually learn the whole catechism according to the measure of his intelligence. III. The knowledge of religion which is required in the child, that he may suitably prepare himself for first Communion, is that by which he perceives according to his capacity the mysteries of faith necessary by necessity of means, and distinguishes the eucharistic bread from common and bodily bread, so that he may approach the Most Holy Eucharist with that devotion which his age allows. IV. The obligation of the precept of Confession and Communion, which burdens the child, chiefly falls upon those who must have care of him, that is, upon parents, upon the confessor, upon teachers, and upon the pastor. But to the father, or to those who take his place, and to the confessor, according to the Roman Catechism, it belongs to admit the child to first Communion. VII. The custom of not admitting children to confession, or of never absolving them, when they have arrived at the use of reason, is altogether to be disapproved." "In this," says the same Supreme Pontiff in the Letter to Cardinal Priest of the Holy Roman Church Fischer, 31 Dec. 1910, "we wish the Christian faithful to understand well that the matter is not so much that obedience be given to the precept of the Roman Pontiff, as that satisfaction be made to an office of this kind, which arises spontaneously from the very doctrine of the Gospel." - Cf. John vi. 54, where concerning the Eucharist.

To the proposed doubts ... namely:

I. Whether children who, although they have not yet completed the seventh year of age, nevertheless, on account of the age of discretion or use of reason, have already been admitted to first communion, are held by the twofold precept of confession at least once in the year, and of Communion once in the year, at least at Easter?

II. Whether canon 1252 has now begun to have the force of obliging everywhere, notwithstanding particular laws, etc.?

His Eminence Cardinal Petrus Gasparri, President of the Commission, responds:

"to I: affirmatively.

to II: affirmatively.

And the reason as regards the first doubt is evident: For although can. 12 states, 'By merely Ecclesiastical laws there are not bound ... those who, although they have attained the use of reason, have not yet completed the seventh year of age,' nevertheless it adds, 'unless something else is expressly provided in law.' But indeed in can. 859, § 1, and 906, it is expressly provided: 'Every faithful person of either sex, after he has arrived at the years of discretion, that is, at the use of reason, etc.'" 3 Jan. 1918.

Question 4. Is he who is not burdened by mortal sins held to confess venial sins, by reason of the precept of annual confession?

Response. Negatively, because the Church established that confession must be made which is prescribed by the institution of Christ. But Christ prescribed no other confession except that of mortal sins, as the Council of Trent explains, sess. 14. - Cf. St. Alphonsus, de Sacram. Paenit., n. 667.

Question 5. Is he who, within the year of obligation, however it may be computed, has confessed only venial sins, either once or more often, still held by the precept of annual confession, if before the end of the year he shall have fallen into mortal sin?

Response. Affirmatively, as it seems; and the reason is that the precept of confessing once in the year regards the confession of mortal sins, as was said above. Hence, just as one who has only venial sins is not held to confess, so also he who afterward in the same year commits a mortal sin is not considered to have satisfied the precept through a confession of venial sins. - Cf. St. Alphonsus, de Sacram. Paenit., n. 669. - Suarez, de Paenit., disp. 35, nn. 9 and 12. - Lugo, de Paenit., disp. 15, n. 162.