Commuting Satisfaction

Two things must be noted beforehand: a. commutation which happens in another confession is not made by revocation of the prior sentence, but by a new sacramental judgment of either the same or another confessor. By this judgment another work is substituted for the work previously enjoined, and when this has been done the prior obligation is extinguished.¹ b. For commutation to be made licitly a just cause must be present, of which kind is any spiritual utility of the penitent. But when commutation is made from a just cause, the penance can be changed not only into another equal one, but even into a lesser one.

¹ Cf. Suarez, disp. 38, sect. 10, n. 7.

309. Who can commute it. The penitent himself cannot commute the penance imposed by the confessor, not even into one evidently better: for he cannot elevate the penance to the merit of sacramental satisfaction. But both the confessor who imposed it and any other confessor can commute it: for the penitent can freely and licitly subject again to the judgment of either the same or another confessor sins from which he has already been absolved, so that, with another penance imposed in place of the former, he may again be absolved by him.

They dispute whether a penance which had been imposed on account of reserved sins can be commuted by a confessor not having power over reserved matters. Those who deny this power to the confessor say: just as the sins are reserved, so also the punishment imposed for them is reserved, or, an inferior can do nothing against a law made by a superior. But those who concede the power to the confessor teach: once reservation has been removed by the prior absolution, any confessor can judge concerning the sin and enjoin penance for it; and since there is present a just cause of commuting the penance, the consent of the superior to the commutation to be made is rightly presumed, even if the penance had been imposed for reserved sins.

310. How it can be commuted. 1. The confessor who imposed the penance can commute it even outside the sacrament, and indeed not only immediately after absolution, before the penitent departs, but also as long as the change is morally united with the sacramental judgment and constitutes one judgment with it. And the confessor can do this even if he no longer remembers the sins: for he acquires knowledge of them, as far as is necessary, from the gravity and quality of the penance imposed.

a. But the question is asked: how long does the commutation cohere morally with the prior absolution? St. Alphonsus (n. 529) judges that only the commutation which is made immediately after absolution, before the penitent departs, constitutes morally one judgment with it. But Lugo thinks that commutation even after a long time still coheres with the prior absolution. "For the satisfaction itself fulfilled after a long time integrates one judgment with the preceding parts; therefore, as long as the satisfaction has not been placed, that judgment is still understood as incomplete and as it were suspended, and the judge still has the right of urging the execution of the sentence; therefore he will still be able, with the consent of the penitent, to change or diminish the prior sentence, so that it can better be put into execution."¹

b. But if the commutation no longer coheres morally with the prior confession, the commutation must be made in another confession. Yet a repetition of the prior confession is not required; rather, it suffices that the confessor still remembers the state of the penitent confusedly, or, if he does not remember, that he receive a confused knowledge of it, whether from a generic confession or from the penance imposed in another confession.

2. But another confessor cannot commute the penance outside the sacrament, because he has no sacramental power over the penitent except in the tribunal of penance, while he exercises the power of the keys. But he can change it in the sacrament, even if the penitent does not repeat the confession of the sins for which it was imposed, provided he acquires a confused knowledge of the matter of the sins, such as he can draw either from a generic accusation or from the quality of the penance imposed by another confessor. For he does not have to pronounce judgment concerning the individual sins, since they have already been declared and remitted before, but only concerning the difficulty of fulfilling the satisfaction and concerning a penance in some way proportioned to the sins; and for this a distinct knowledge of the sins is not required. It is clear that this change, which is instituted in another confession, can be made at any time whatever, since a new sacramental judgment independent from the former is instituted.

¹ Lugo, disp. 25, n. 112. Cf. Ballerini-Palmieri V, n. 318.

562. Principle IV. Sacramental penance can be commuted, for a just cause, not indeed by the penitent himself, but by a confessor who has equal power with him who imposed it.

A. Satisfaction cannot be commuted by the penitent, nor by another, whether layman or priest lacking jurisdiction, not even into a more perfect or graver one, otherwise than for a vow, where the one vowing is his own legislator. For 1) a change of penance imports a new judgment which cannot be rendered except by a judge; - 2) an inferior cannot commute the law of a superior even into something better; - 3) no work can be elevated to the dignity and efficacy of sacramental satisfaction except by the power of the minister himself, by force of the keys. This is also clear from the condemned prop. 15 of Alexander VII, already cited in n. 560, A, 2.

B. It can be changed either by the same confessor or by another having equal power. For penance is imposed by way of particular law; but law can be changed either by the legislator, or by a successor, or by a superior. Likewise satisfaction is the complement of absolution; therefore no one except him who can absolve from sin can also commute satisfaction: for the accessory follows the principal. Hence a penance imposed by a superior for a reserved case can be commuted only by a confessor having power to absolve from reserved cases, unless a grave inconvenience for the penitent is present and access to the superior is not easy, in which case the reservation itself can cease (can. 900).

But that satisfaction can be commuted, three conditions are required:

1. The very exercise of judicial power or of sacramental judgment, and therefore moral union between the commutation and absolution: for satisfaction is the complement of absolution, and the elevation of a work to the dignity of sacramental satisfaction cannot be done by the minister except insofar as he is judge and insofar as he exercises sacramental judgment and pronounces absolution. Hence:

a) The same confessor can change the penance immediately after absolution before the penitent departs, because the same judgment morally perseveres; indeed also outside confession for one day or perhaps even for several days, provided the confessor remembers the sins at least in a confused way, because the new penance imposed is morally united with the absolution given; it is the same judgment continued. - But if the time were a little longer, for security a new confession would have to be instituted and a new absolution granted, so that the commutation certainly may be valid, and the new penance certainly valid and sacramental. Namely, the safer thing must be done in favor of the penitent, who has a certain right to this, and because it concerns the validity of sacramental penance.

b) But if commutation is sought from another confessor, because he does not have the power of commuting except in sacramental judgment, he cannot change it except in confession and with the granting of a new absolution, whether to be given at once or afterward; otherwise the injunction of penance would not be a judicial act, nor would the satisfaction itself be sacramental.

2. Sufficient knowledge of the state of the penitent; otherwise the new penance could be neither proportioned nor medicinal. Hence:

a) If the penitent approaches the same confessor, who remembers at least in a confused way the state of the penitent, it is not necessary to repeat the confession.

b) If he approaches another confessor, neither is it necessary to repeat the confession integrally, but it suffices to make a summary one, or even, in the confession of other sins, to declare the penance previously imposed, if this suffices for knowing the state of the penitent sufficiently.

3. A just cause, namely, the spiritual good of the penitent. For the power conferred by Christ is not judged to be conferred unto destruction but unto edification; indeed power which is exercised in the name of God is granted only to be exercised reasonably. But a just cause is judged to be necessity, notable utility of the penitent, such as spiritual progress or a more opportune medicine, excess in the former penance or grave difficulty in its execution, danger of transgression, etc. Hence:

a) The petition alone of the penitent is not sufficient: in that case let the confessor urge fulfillment, say that the penance is proportioned to the sins, etc., unless he fears, because of frailty, that the penitent will not fulfill it.

b) Provided a just cause is present, a change can be made even if it is not sought by the penitent, provided nevertheless he consents; for indeed he can stand in the way of the change if he regards it as a burden.

c) Although medicinal penances can validly be changed, nevertheless let them not be commuted if they have not become morally impossible.

563. Corollaries. - 1. The penitent can discharge the enjoined penance even while he fulfills another prescribed work; for example, by hearing Sunday Mass he can recite prayers or the rosary for the penance: for when the Church prescribes good works, she does not exclude other pious works compossible with them.

2. Enjoined prayers, unless something else is expressly determined, are imposed in that manner in which generally according to the practice of the Church they are discharged; for example, psalms, litanies, the rosary, can be recited alternately with a companion; the hearing of daily Mass is to be understood so that on Sunday it is heard only once, etc. On the other hand, prayers which are customarily recited vocally by the faithful, such as psalms, litanies, and other things, it does not suffice to run through with the eyes and mind only, from a book; the contrary is true for meditation. If penitents as to these things are in good faith and think mental recitation suffices, they are not to be disturbed, because it does not regard the value of the sacrament; but if they ask how the penance is to be discharged, they must be instructed according to the principles handed down.

3. Once commutation has been made, the penitent can, if he wills, choose the satisfaction previously enjoined, because commutation, as favoring the penitent, is judged to be made under this condition: unless the penitent wishes to return to the former one.

4. The penitent is by no means freed from the first penance if, by repeating the confession before another confessor, he makes no mention of the prior confession and penance, both because he is bound to render the first sacrament integral, and because for commuting the penance there is required on the part of the confessor a positive act of will by which the prior obligation is revoked.

5. Many judge, because of some saying of St. Thomas,³ that by the prayer: The Passion of Our Lord Jesus Christ..., all subsequent good works of the penitent, or "whatever good he has done and evil he has sustained," are elevated by the confessor to the dignity of sacramental satisfaction. Yet this has no foundation at all, "for the words, in the way in which they are pronounced, seem rather to be the prayer of a priest imploring that all things be well for the penitent: for he does not elevate to sacramental being the Passion of Christ, the merits of the Blessed Virgin, and of all the Saints." Thus Billuart, de Poen., diss. IX, art. 9, who nevertheless adds that this can be admitted if the confessor intended this concerning the future goods of the penitent, and indicated this to him. - Since the matter is very doubtful, there is no reason for diminishing the sacramental penance to be imposed on penitents.

³ Quodl. III, q. 13, a. 28.

I say. The penitent is bound to accept a reasonable penance sacramentally enjoined, and to fulfill it at the time designated by the confessor, or as soon as he conveniently can, so that if the penance obliges under grave obligation, he will sin gravely if he delays it for a long time. The reason of the first is that to the obligation of the confessor imposing penance there must necessarily correspond the obligation of the penitent accepting and fulfilling it. But the reason of the second is that per se it is grave to prolong for a long time the payment of a notable debt. - Cf. St. Alphonsus, n. 516; and Hom. Ap., n. 55.

Question 1. How great is the obligation of fulfilling penance?

Resp. If the penance is grave in itself and at the same time was imposed for grave sins, the obligation will certainly be grave, with all agreeing; unless, however, the confessor either expressly or tacitly has manifested that he wishes to oblige only lightly, which indeed he certainly can do, although generally it is not expedient. But if the penance was imposed for light sins, the obligation will always be light, whether the work enjoined is in itself light or grave; for if the first, the obligation will certainly be light by reason of the matter; if the second, then just as the confessor was not bound, indeed properly could not command it, so neither is the penitent bound under grave obligation to fulfill it. - Cf. St. Alphonsus, nn. 517 and 518.

Question 2. What delay of penance is grave fault?

Resp. If the penance was light in itself, delay, however great it may be, will never be grave, since from what has been said the omission itself of the penance does not exceed light fault. But if the penance is grave and imposed for grave sins, according to the more probable and more common opinion only a delay of two or three months is to be reckoned grave, unless the penance is medicinal or danger of forgetfulness is present. For the rest, no general and absolute rule can be established about this, and no one is easily to be condemned of mortal sin. - Cf. St. Alphonsus, n. 521. - Baller. note (b) p. 416.

Question 3. Whether, if the penitent has forgotten the enjoined penance, he is bound to repeat the confession, so that he may receive another penance?

Resp. Negatively, more probably, and the reason is that the fulfillment of the penance once already enjoined, through forgetfulness even culpable, has been made impossible. But no one is bound to the impossible. If, however, the penitent prudently presumes that the confessor is still mindful of the enjoined penance, he ought, if he conveniently could, to approach him, so that he may learn again from him what that penance is. - Cf. St. Alphonsus, n. 520.

Question 4. By whom can penance be commuted?

Resp. As far as validity is concerned, certainly it can never be commuted by the penitent himself, not even into something better, although a vow can be changed by the one vowing into a work evidently better; because penance cannot be elevated to the merit of sacramental satisfaction unless it was imposed by the minister himself of the sacrament of Penance. - Nevertheless it can be commuted 1°. by the confessor who imposed it, because he is after the manner of a legislator who can change his own law; 2°. by any other confessor, because any other confessor can be judge of the same cause, if the penitent submits himself to his tribunal; for the successor in the same authority can do whatever the predecessor could do. Nevertheless exception seems to be made if the penance was imposed by the superior himself for reserved cases, because an inferior cannot change the sentence of a superior: unless, however, a grave cause is present or the consent of the superior can easily be presumed. - But for commutation to be made licitly a just cause is required, such as: 1°. if the penance seems difficult; 2°. if it is foreseen that the penitent is not going to satisfy it because of repugnance, frailty, forgetfulness, etc. - Cf. St. Alphonsus, n. 528.

Question 5. Whether the penitent is bound to repeat the confession in order to obtain commutation of the penance?

Resp. Negatively, at least probably, whether he approaches the same confessor, in whatever way mindful or unmindful of the state of the penitent's conscience, or a different confessor. The reason is that it is not a question of bearing judgment concerning faults declared in the preceding confession, where judgment concerning them has already been formed, but only of commuting the penance; but for this the knowledge of the former penance and the notion of frailty or difficulty in fulfilling it suffices. Nor should it be said that the new penance cannot have the character of vindication or medicine, since the cause is not known; for the confessor can easily preserve that character if he attends to the nature of the former penance. Cf. St. Alphonsus, n. 529.

Question 6. Whether the confessor can commute penance outside confession?

Resp. Negatively, if the confessor is different. The reason is that the confessor has no power except in the sacramental judgment. But if he is the same one who imposed the penance, he can change it immediately after absolution, before the penitent departs; but not afterward, at least more probably. The reason is that for this it is required and suffices that the preceding judgment of the confessor morally perseveres, which does not seem to have place if the penitent approaches the confessor outside the tribunal of Penance. Therefore. ...

Thus St. Alphonsus, who says that this is the truer and more common opinion. Nevertheless others say that commutation of penance can be made by the same confessor outside confession even after several days, indeed as long as the confessor retains memory, at least confused, of the sins; because then it still seems to be morally united with the preceding sacramental judgment. For the parts of this sacrament, they say, though distant in time, can be morally united to integrate one sacrament; and just as a longer interval does not prevent either sorrow or confession or the fulfillment of satisfaction from being morally united with absolution, so also one can judge concerning the change of penance. - Cf. St. Alphonsus, n. 529. - Lugo, disp. 25, n. 112. - Voit, n. 632.

You Will Resolve. 1°. The penitent is not bound to fulfill penance when the confession was invalid; because the sacramental sentence of the judge was null, and consequently there is no sacrament to be integrated: otherwise, indeed, satisfaction would have to be made twice for the same sins. The same must be said for the same reason concerning a penance imposed without absolution. Except 1°. if the penance is medicinal, and therefore necessary by reason of medicine; 2°. if the penitent approaches several times for completing the same confession, and meanwhile the confessor, as often happens, imposes some penance on individual occasions, so that less remains to be imposed at the end.

2°. Not only does he who omits the penance sin gravely, but also he who omits a part of it notable before the whole penance; or even one which would be grave considered in itself.

3°. Universally, for judging about the gravity of omission, attention must be paid to whether the matter or circumstance omitted contributes much or little to the end of the precept, whether the substance of the precept has been fulfilled, etc. Thus he fulfills the substance of the precept and sins only venially who, standing or in a room, recites the Rosary which by command of the confessor ought to have been recited on bent knees or before an image of the Blessed Virgin; but it is otherwise if the penitent had been commanded, for example, to pray with arms outstretched; for this mortification is notable, and its omission can be held grave.

4°. Prayers imposed as penance can be recited even while someone meanwhile hears Mass of precept, unless however something else was established by the confessor. Prayers which, from the use of the Church or the practice of the faithful, are customarily recited as in choir, for example the Rosary, etc., could also be recited alternately with companions.

5°. The penitent cannot satisfy through another, unless perhaps, as many have thought, this is done with the consent of the confessor; because satisfaction is defined by the Tridentine Council as being quasi-matter and an integral part of this sacrament, insofar as it is the act of the penitent fulfilling the penance imposed upon him by the confessor. Therefore per se it is to be placed by the penitent himself. It is established also from proposition 15 condemned by Alexander VII, which is of this sort: "The penitent by his own authority can substitute another for himself, who may fulfill the penance in place of him." - Cf. Suarez, disp. 38, sect. 9, n. 2.

6°. If the confessor has imposed as penance that two Masses are to be heard on the same day, they seem to have to be heard successively, but not at the same time; for we reasonably presume that the confessor intended this. - Cf. St. Alphonsus, Hom. Ap., n. 58.

7°. He satisfies, according to the common opinion, who fulfills the penance in mortal sin, because to satisfy some precept it suffices to place the work enjoined, although the end of the precept is not obtained. But whether he sins, there is not one opinion of theologians; but it can be held that he is exempt from every fault, because, with contempt excluded, there is no fault in placing an obstacle only to the remission of punishments. - Cf. St. Alphonsus, nn. 522 and 523. - Baller. note (a) p. 416.

8°. The penitent upon whom a more difficult penance is enjoined ought to warn the confessor about the impossibility or excessive difficulty of fulfilling it; and if the confessor does not acquiesce, he can approach another. But if the penance does not appear so grave, the penitent is bound to accept it, nor can he depart without some fault.

9°. If a penitent, after accepting a penance from one confessor, repeats the confession before another, so that he may obtain a milder penance, or even for another cause, he is by no means freed from the prior penance, unless he makes mention of the preceding confession and of the accepted penance; the reason is that for commuting the penance on the part of the confessor there is required a positive act of the will by which the prior obligation is revoked.

1°. Vocal prayers, Our Father, Hail Mary, Creed, Litany of the Blessed Virgin, Rosary, or its third part; morning and evening prayers.

2°. Mental prayers, discreetly, according to the capacity of the penitent; for the uneducated, some thought about hell, about death, about the passion of Christ, morning and evening, for example, for the time of one Hail Mary.

3°. Acts of Faith, Hope, Charity, contrition, confidence in God, conformity to the divine will, purpose of not sinning ... so many times ..., for example, morning, evening, especially in temptations or dejection of soul.

4°. Offering of oneself to God very early in the morning, the sign of the cross, various aspirations or ejaculatory prayers to Christ, to the Heart of Jesus, to the Blessed Virgin, to the Guardian Angel. (Ordinarily they are not to be multiplied.)

5°. Exercise of the Way of the Cross, especially when it is done in common: prayers for nine days in honor of the Blessed Virgin or of some Saint.

6°. Hearing of sermons, of catechism, attendance at the Offices of the Church, for example, at solemn Mass, Vespers, etc., or at spiritual exercises, or at the pious exercise of the Marian Month, or at other things of this sort, at least several times.

7°. General examination of conscience in the evening, at least for a brief time; likewise particular examination concerning such a defect, or such a depraved custom, from a firm purpose of amendment.

8°. Visitation of a church or of any altar, or of one in particular, for praying something there, or for asking the grace of sinning no more.

9°. Pious reading, for example, for a quarter of an hour on Sunday, or one or another chapter, for example, of the Imitation of Christ, of the Lives of the Saints, or of another pious book, etc.

10°. Frequentation of the Sacraments, on such a day, or at such a time, or so many times. Here the confessor should act cautiously, and should not impose an obligation upon those who rarely confess that they approach the tribunal of penance once or twice in a month for a year; but he should not enjoin this except once, and perhaps another time, and only upon penitents willingly accepting it.

1°. Fasting, either entire according to the laws of the Church, or partial according to the physical and moral strength of the penitent. Nevertheless a penance of this sort is not to be imposed except rarely, and only upon those who will accept it willingly.

2°. Some subtraction of food, which can in no way harm the health of the body, or the duties or labors of the penitent, for example, half the part of the customary breakfast on Friday or Saturday or on the vigil of some feast, etc.

3°. Abstinence from wine or intoxicating liquor, on such a day, at such a time, or not to exceed a certain quantity.

4°. Some subtraction of ordinary sleep, especially by rising earlier in the morning, or at a determined hour as a remedy for laziness, or even for forestalling impure temptations.

5°. To pray on bent knees, or with arms extended in the manner of a cross, to kiss the ground for the sake of humility, to make brief pilgrimages.

6°. To offer to God sometimes illnesses, diseases, or other hardships of life occurring, by bearing them patiently.

7°. Sometimes to be deprived of recreation, even honest recreation, for example, a walk; to repress excessive curiosity in hearing, in sight; not to stand so long at the door of the house or at the windows. This especially befits girls addicted beyond measure to vanity.

8°. To chastise the body moderately, by discreet mortification, some flagellation, an uncomfortable position. - (But these things are to be enjoined very rarely; indeed to be permitted with great discretion.)

Since, generally speaking, contraries are cured by contraries, the following penances can be enjoined, or only advised, yet with discretion, with attention paid especially to the quality and greater good of the penitents.

1°. Upon penitents rarely and badly praying, brief prayers should be imposed, to be performed morning or evening, for about a week. - Upon the tepid, pious readings, or ejaculatory prayers to be made several times in the day, but few, and for a few days, lest they be omitted through forgetfulness or torment the penitent. - Upon those tempted against Faith and Hope, acts of Faith, Hope, confidence, or the recitation of the Apostles' Creed, etc.

2°. Upon blasphemers, external reverence toward God, toward the Cross ..., for example, to kiss the Crucifix reverently, or sacred images, or to say devoutly: Blessed be the name of the Lord. Praise be Jesus Christ.

3°. Upon lovers of the world and of its pomps, some meditation about the vanity of worldly things, for example, when they rise in the morning or seek their bed, or renewal of the promises made in Baptism.

4°. Upon those who often omit Mass, some supererogatory Mass to be heard, for example, a second on Sunday, or one on a weekday, or some visitation of the most holy Sacrament to be made several times, etc.

5°. Upon those keeping hatred, some works of charity toward neighbor, for example, to greet an enemy or speak to him, prudently however; prayer and an act of charity for neighbor in general, and also especially for enemies; recitation of the Lord's Prayer for the same, especially of these words: Forgive us our debts, as we also forgive our debtors.

6°. Upon the lustful, some mortification or subtraction of comforts, especially flight from occasions, prayer, frequentation of the Sacraments, frequent renewal of firm purpose, memory of the last things, etc.

7°. Upon thieves and the avaricious, some alms according to their faculties, even if a single as were sometimes to be distributed to the poor or to the Church. But grave alms are never to be imposed unless they are willingly accepted.

8°. Upon the proud, certain offices of humility, for example, to kiss the ground, to visit the poor, or kindly to assist them, to treat them humanely, or to elicit various acts of humility, for example, to say with the publican: Lord, be propitious to me a sinner.

9°. Upon the gluttonous and the drunken, some subtraction of foods, abstinence from food and drink outside the customary meals, or abstinence from wine on such a day, or a prohibition lest such a quantity of wine be exceeded at meals, etc.

Add also the works of mortification which were indicated in the preceding section.