The Obligation of Judging the Disposition

389. Concerning the Disposition to Be Known. 1. Since absolution cannot be granted except to a rightly disposed penitent, lest the sacrament be frustrated, the confessor ought to inquire into the disposition of the penitent and form for himself a judgment concerning its existence.

2. Concerning the existence of disposition in the sacrament of penance, a prudent and probable judgment suffices, one which rests upon a grave motive and to which no grave suspicion is opposed. Although in other sacraments the matter per se ought to be certain, nevertheless in the sacrament of penance, on account of its peculiar nature, it suffices that it be probable, lest the sacrament itself be rendered odious and its administration impossible, since full certitude concerning the disposition of the penitent very often cannot be had. Therefore the Roman Catechism teaches: If, after hearing the confession, the priest shall have judged that neither diligence in enumerating sins nor sorrow in detesting them was wholly lacking to the penitent, he can be absolved.¹

a. The indisposed are those who certainly lack true sorrow for sins and a serious purpose of amendment. Of this kind generally are all those who refuse to fulfill a grave obligation.

b. They are called doubtfully disposed against whose disposition grave suspicion arises from positive indications, without, on the other hand, a probable judgment concerning the disposition being able to be formed.

Those are not called doubtfully disposed who, from a grave motive, are judged to be disposed, even if some slight suspicion arises against their disposition; for this occurs with many penitents who ought to be judged sufficiently disposed, since there is a probable reason for the disposition, and from the other side no prudent doubt excludes it.

c. The positive indications from which grave suspicion against the disposition of the penitent is especially suggested are these:

a. if, after remedies have been neglected, there has been a relapse into the same sins;

b. if he approaches confession not so much spontaneously as forced by counsel or custom, or if he approaches without due preparation;

g. if he confesses sins without humility and sorrow, and rather attempts rashly to excuse himself;

d. if he has studied to conceal sins, so that the confessor had to fish them out by industry;

e. if he is difficult in accepting penances and remedies for sins;

z. if after many relapses he says only coldly that he is sorry.

¹ Part 2, c. 5, q. 58. Cf. I. B. Favre, Dubitationes theol. de iudicio practico, dub. 1.

390. Signs of Disposition. To form a judgment concerning the disposition of the penitent, the confessor needs great prudence and the help of divine light; but these signs can greatly help him in forming this judgment:

a. The confession itself: for if the penitent approaches confession spontaneously, whether to fulfill the precept, or to reconcile to himself the state of grace, or so that he can more easily avoid sins, the spontaneous confession itself is a probable sign of disposition; but from the confession itself one cannot safely conclude to disposition if the penitent approaches the sacraments only from the will of parents or superiors, or from a certain custom, because it must be feared that he does not act seriously and sincerely.

b. The assertion of the penitent: for whether he comes prepared to confession and asserts that he has sorrow and purpose, or comes unprepared and only after the warning of the confessor affirms that he detests his sins and wishes to avoid them in the future, he must be believed; nor, according to St. Thomas, can greater certitude be acquired in this matter than if the penitent himself is believed.¹

If the penitent sincerely confesses his sins and suggests no suspicion of deficient disposition, the confessor rightly presumes him disposed from the confession itself; but if he doubts concerning sufficient disposition, he ought to question the penitent and believe him when he affirms it.² It is clear that these things are affirmed concerning penitents who are prudently judged to act seriously and sincerely in this sacred business of conversion, but by no means concerning penitents who are judged to proceed lightly and fictitiously. And indeed a confessor would err gravely if he gave faith to penitents of this kind when they affirm that they are sorry and propose amendment, and if he absolved them.³

c. The manner of confession: for from the manner in which the penitent accuses himself candidly and humbly, the confessor can easily detect that he is acting seriously and sincerely and has conceived displeasure with his sins and a purpose of a better life.

d. The circumstances of the penitent: for sometimes the confessor detects in the penitent some circumstance which is an indication of a serious will of avoiding sins in the future: a. if he has already employed some care in avoiding sins and rooting out a habit of vices; b. if, when warned about remedies, he willingly promises that he will employ them, especially if he had never been warned before; g. if he approaches confession from some special motive, e.g., a sermon heard, the death of a friend, fear of a contagious disease, etc.; d. if he confesses sins previously culpably omitted; e. if he has fulfilled a difficult obligation, e.g., restitution, the fulfillment of which he had delayed until this point; z. if he had to undergo inconvenience in making confession, such as a long journey.

After St. Alphonsus the usage has already prevailed of distinguishing signs of disposition as ordinary and extraordinary, or special. Extraordinary signs are not so called because they signify or ought to signify an extraordinary and more perfect disposition, but they are customarily so called in order to be distinguished from ordinary signs. The ordinary signs are these two: confession duly made, and the assertion of the penitent that he is sorry and proposes amendment. The extraordinary signs which St. Alphonsus enumerates (n. 460) are almost those which are taken from the circumstances of the penitent.

¹ In 4, dist. q. 3, a. 3, qc. 5, ad 2.

² Suarez, disp. 32, sect. 2, n. 2.

³ Therefore this proposition (60) was condemned by Innocent XI: To a penitent having a habit of sinning, even if no hope of amendment appears, absolution is neither to be denied nor deferred, provided he orally says that he is sorry and proposes amendment.

616. Principle VIII. Absolution is regularly to be deferred for those who are doubtfully capable or disposed, unless a grave reason urges that they be absolved under condition. - This is altogether certain, for of itself it is illicit to expose a sacrament to the danger of nullity or fruitlessness, because the reverence due to the sacrament prohibits this as sacrilege; - unless by accident, if there is a grave and proportionate reason or a necessity of notable utility to be obtained immediately for the neighbor, because the sacraments are for men. This is to be understood when the confessor has applied every effort for obtaining a sufficient disposition, and a certain disposition cannot be obtained.

Namely, as often as there is danger of nullity for the sacrament and danger of notable detriment for the neighbor, and both cannot be avoided at the same time, rather the danger to the neighbor must be avoided and the sacrament nevertheless conferred under condition: for the sacraments are for men, and the law of charity in a case of grave necessity prevails over the law of religion.

Thus in the following cases:

1. In danger of death, when the necessity of absolving here and now presses, and there is present only doubtful matter, or doubtful disposition, or a doubtfully capable subject, e.g., because there is doubt concerning his life or concerning sufficient presence to the minister.

2. In the case of Marriage soon to be celebrated or Confirmation soon to be received, if the disposition of the penitent is doubtful; likewise in a return to the Church after Baptism repeated under condition.1

3. In the case in which a doubtfully disposed penitent would for a long time lack the occasion of confessing.

4. In the case in which a doubtfully disposed penitent would be exposed to grave infamy or to giving scandal to others, if he were dismissed without absolution.

5. If it is greatly to be feared lest the doubtfully disposed and dismissed penitent be cast into despair or not return to receive the sacrament; not, however, if he seriously threatens this, which is rather a sign of indisposition.

6. If matter cannot be had except doubtfully grave; or if there is doubt concerning sufficient or perfect use of reason in the penitent, while the precept of confession presses or perhaps grave matter is present.

7. Finally, in doubt whether the minister has already absolved or has absolved duly, i.e., with the due form. This case is reduced to doubt concerning the condition of the subject, because if the penitent had already been validly absolved, the matter of the sacrament would be lacking, namely a new confession.

Therefore there are only six cases on the part of the penitent, and one on the part of the minister.

617. Signs of sufficient or insufficient disposition in the penitent. - For forming a truly founded or morally certain judgment concerning the sufficient disposition of the penitent, a truly grave motive is required.

A. But the indications of positive disposition are: 1) the due preparation of the penitent for confession, 2) the confession itself duly made, especially if it is done spontaneously, e.g., for more easily avoiding sin and obtaining the state of grace, 3) the affirmation of the penitent if it appears true and sincere, 4) the manner of confessing, namely a manner evidently candid and humble.

These are ordinary signs, namely those which of themselves and in ordinary circumstances suffice; but when there is a special reason for doubting concerning the disposition or sincerity of the penitent, graver signs drawn from the special circumstances of the penitent are required, or extraordinary conjectural signs, whether of more abundant grace, or of more intense sorrow, or of firmer purpose.

a) Of more abundant grace, as 1) if he confesses from a supernatural and peculiar motive, e.g., on the occasion of preaching, or of the death of a friend, or of imminent evil; 2) if for confessing he had to undergo a sufficiently great inconvenience, such as a long journey, the loss of a day of gain, a great external conflict; 3) if the confession is made altogether spontaneously from the sole impulse of grace, with no other external circumstance impelling, especially in regions where faith has grown weak and human respect does not impel toward the sacraments.

b) Of more intense sorrow, as, for example, 1) if he has applied special means: fasting, alms, prayers, Masses, so that he might make a good confession; 2) if he says words flowing from the heart, or gives sighs and sheds tears, which is a sign having force in many, provided it is not done from a human motive, but not always certain or sincere; 3) if he confesses with greater sincerity, with outpouring of heart, e.g., sins which he previously culpably omitted; 4) if he signifies that he apprehends his sins and the danger of damnation better.

c) Of firmer purpose, as 1) if he says that after the sin he immediately repented; 2) if he especially asks for remedies and willingly promises to apply them, or willingly accepts a great penance; 3) if he has already persevered for some time or has applied diligence to this by the remedies indicated, e.g., by fleeing the occasion, burning bad books, renouncing the company of the wicked; in one word, if there is already a change of life; 4) if he has relapsed with greater difficulty, i.e., after notable resistance, or more rarely in the same circumstances; 5) if he has already fulfilled a difficult obligation, e.g., restitution or reparation of reputation or honor, or reconciliation with enemies.

B. On the contrary, those are called doubtfully disposed in the strict sense against whose disposition from positive indications a grave suspicion arises, while on the other hand, because of much graver reasons, a probable and prudent judgment concerning sufficient disposition cannot be formed.

From positive indications these are judged doubtfully disposed: 1) those who have relapsed in the same or a worse way, without having applied the remedies prescribed by the confessor and without a serious effort at amendment; 2) those who only coldly respond that they are sorry, especially if they have already relapsed rather often; 3) if they show great affection for sin, or have drawn great utility from sins, or devote their whole effort to satisfying passions; 4) when they are of a freer and more lax life, or rashly excuse their sins, or engage in contention and altercation with the confessor, or seem to boast of the sin committed; 5) when they approach the sacrament not spontaneously, but only by command of parents or others, or from mere custom, or to please others, or from fear lest they lose their reputation; 6) if they refuse a moderate penance proportioned to their strength.

We said: a) From positive indications. Therefore if against dispositions proved by a grave reason no grave positive reason militates, or only a light and slight reason does, then the penitent is not judged doubtfully disposed, because in human and practical matters a solidly founded opinion, to which no grave reason is opposed, is equivalent to practical certitude. And thus the opinions of some, who contend that probable disposition suffices, by understanding probability in the strict philosophical sense of a much greater likeness to truth, can be reconciled with the opinion of St. Alphonsus, who requires a morally certain disposition with a certitude broadly so called and imperfect (II, n. 80). But if they understood otherwise, even, for example, concerning the less probable, they would not judge rightly.

b) While on the other hand a probable and prudent judgment concerning sufficient disposition cannot be formed. For although from one or another motive, e.g., from a sudden relapse, a grave suspicion can arise, on the other hand there can be much graver reasons concerning sufficient disposition, namely extraordinary signs of contrition. But a notably more probable opinion is equivalent to practical certitude (II, n. 80). Then, therefore, absolution is to be given immediately and indeed in an absolute manner.