Note on the importance of the internal forum and the inviolability of the Sacramental Seal

Last updated

Note on the importance of the internal forum and the inviolability of the Sacramental Seal is a July 1, 2019, document of the Apostolic Penitentiary, approved for promulgation on June 21, 2019, by Pope Francis, which explains that the internal forum of the sacrament of penance is sacred and that the inviolability of the Seal of the Confessional in the Catholic Church is absolute, in spite of civil law, as a matter of de fide dogma, and as part of freedom of religion and freedom of conscience. The aim of the Note is to fortify the feeling of trust on the part of people who go to confession. [1] [2] [3] [4] [5]

Internal forum

At the presentation of the Note, Pope Francis explained the meaning of the canon law term "internal forum": [1] [2] [3] [4] [5]

And I would like to add – beyond the text – a word on the term "internal forum". This is not a trivial expression: it is stated seriously. The internal forum is an internal forum, and it cannot go "outside". And I say this because I have noticed that some groups in the Church, representatives, superiors – let us put it this way – blend the two things and take from the internal forum to make decisions in the external one, and vice versa. Please, this is a sin! It is a sin against the dignity of the person who trusts the priest, and who expresses his or own situation to ask for forgiveness, and then this is used to organize matters for a group or a movement, perhaps – I don't know, I am improvising – perhaps even a new congregation, I don't know. But the internal forum is an internal forum. And it is a sacred thing. I wanted to say this because I am concerned about this.

Responses

Reuters, KATV, The Wall Street Journal , The Irish Times , and CBS News were among the media outlets to say that the Vatican was failing to fight clerical sex abuse by not weakening the sacramental seal. [4] [5] [6] [7] [8] The Catholic News Agency welcomed the document, describing it as a reminder of the teachings of the Catholic Church. [3]

See also

Related Research Articles

<i>Crimen sollicitationis</i> 1962 document by the Holy Office

Crimen sollicitationis is the title of a 1962 document ("instruction") of the Holy Office codifying procedures to be followed in cases of priests or bishops of the Catholic Church accused of having used the sacrament of Penance to make sexual advances to penitents. It repeated, with additions, the contents of an identically named instruction issued in 1922 by the same office.

In the canon law of the Catholic Church, a distinction is made between the internal forum, where an act of governance is made without publicity, and the external forum, where the act is public and verifiable. In canon law, internal forum, the realm of conscience, is contrasted with the external or outward forum; thus, a marriage might be null and void in the internal forum, but binding outwardly, i.e., in the external forum, for want of judicial proof to the contrary.

<span class="mw-page-title-main">Apostolic Penitentiary</span> One of the three tribunals of the Roman Curia

The Apostolic Penitentiary, formerly called the Supreme Tribunal of the Apostolic Penitentiary, is a dicastery of the Roman Curia and is one of the three ordinary tribunals of the Apostolic See. The Apostolic Penitentiary is chiefly a tribunal of mercy, responsible for issues relating to the forgiveness of sins in the Catholic Church.

The pontifical secret, pontifical secrecy, or papal secrecy is the code of confidentiality that, in accordance with the Latin canon law of the Catholic Church as modified in 1983, applies in matters that require greater than ordinary confidentiality:

Business of the Roman Curia at the service of the universal Church is officially covered by ordinary secrecy, the moral obligation of which is to be gauged in accordance with the instructions given by a superior or the nature and importance of the question. But some matters of major importance require a particular secrecy, called "pontifical secrecy", and must be observed as a grave obligation.

In the Catholic Church, the Seal of Confession is the absolute duty of priests or anyone who happens to hear a confession not to disclose anything that they learn from penitents during the course of the Sacrament of Penance (confession). Even where the seal of confession does not strictly apply – where there is no specific serious sin confessed for the purpose of receiving absolution – priests have a serious obligation not to cause scandal by the way they speak.

Validity and liceity are concepts in the Catholic Church. Validity designates an action which produces the effects intended; an action which does not produce the effects intended is considered "invalid". Liceity designates an action which has been performed legitimately; an action which has not been performed legitimately is considered "illicit". Some actions can be illicit, but still be valid.

Latae sententiae and ferendae sententiae are ways sentences are imposed in the Catholic Church in its canon law.

The clergy–penitent privilege, clergy privilege, confessional privilege, priest–penitent privilege, pastor–penitent privilege, clergyman–communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications between clergy and members of their congregation. This rule recognises certain communication as privileged and not subject to otherwise obligatory disclosure; for example, this often applies to communications between lawyers and clients. In many jurisdictions certain communications between a member of the clergy of some or all religious faiths and a person consulting them in confidence are privileged in law. In particular, Catholics, Lutherans and Anglicans, among adherents of other Christian denominations, confess their sins to priests, who are unconditionally forbidden by Church canon law from making any disclosure, a position supported by the law of many countries, although in conflict with civil (secular) law in some jurisdictions. It is a distinct concept from that of confidentiality.

The Sacrament of Penance is one of the seven sacraments of the Catholic Church, in which the faithful are absolved from sins committed after baptism and reconciled with the Christian community. During reconciliation mortal sins must be confessed and venial sins may be confessed for devotional reasons. According to the dogma and unchanging practice of the church, only those ordained as priests may grant absolution.

In persona Christi is a Latin phrase meaning "in the person of Christ", an important concept in Roman Catholicism and, in varying degrees, to other Christian traditions, such as Lutheranism and Anglicanism. In Catholic theology, a priest is In persona Christi because, in the sacraments he administers, it is God and Christ who acts through the instrumentality of the priest. An extended term, In persona Christi capitis, “in the person of Christ the head,” was introduced by the bishops of the Vatican Council II in the Decree on the Ministry and Live of Priests, Presbyterorum Ordinis, December 7, 1965.

The Seal of the Confessional is a principle within Anglicanism which protects the words spoken during confession. Confession has certain censures on disclosure as there is an understanding among the clergy that there is an inviolable confidence between the individual priest and the penitent. This principle should not be confused with the rarer practice of lay confession, nor with the public confession of sins which is an element of most eucharistic liturgies throughout the Anglican Communion. The "Seal of the Confessional" refers specifically to the private confession of sins by an individual, in the presence of a priest, the form of which is regulated by the 1662 Book of Common Prayer and later liturgical sources.

Priest–penitent privilege in France and the western portion of Europe received public recognition at a very early date owing to the perceived sacredness of the Seal of the Confessional.

The ecclesiastical response to Catholic sexual abuse cases is a major aspect of the academic literature surrounding the Church's child sexual abuse scandal. The Catholic Church's response to the scandal can be viewed on three levels: the diocesan level, the episcopal conference level and the Vatican. Responses to the scandal proceeded at all three levels in parallel with the higher levels becoming progressively more involved as the gravity of the problem became more apparent.

The Curial response to Catholic sexual abuse cases was a significant part of the Church's response to Catholic sexual abuse cases. Its policies have shifted from favoring secrecy in the 20th century to active reform and apologies in the 21st century. Under the current leadership of Pope Francis, the issue has been addressed through direct instructions to report cases of sexual abuse and revoking the former policies of secrecy.

The law of Vatican City State consists of many forms, the most important of which is the canon law of the Catholic Church. The organs of state are governed by the Fundamental Law of Vatican City State. The Code of Penal Procedure governs tribunals and the Lateran Treaty governs relations with the Italian Republic.

In the canon law of the Catholic Church, excommunication is a form of censure. In the formal sense of the term, excommunication includes being barred not only from the sacraments but also from the fellowship of Christian baptism. The principal and severest censure, excommunication presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it supposes a grave offense. The excommunicated person is considered by Catholic ecclesiastical authority as an exile from the Church, for a time at least.

<span class="mw-page-title-main">Sacraments of the Catholic Church</span> Catholic visible rites

There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus Christ and entrusted to the Church. Sacraments are visible rites seen as signs and efficacious channels of the grace of God to all those who receive them with the proper disposition.

Amoris laetitia is a post-synodal apostolic exhortation by Pope Francis addressing the pastoral care of families. Dated 19 March 2016, it was released on 8 April 2016. It follows the Synods on the Family held in 2014 and 2015.

<span class="mw-page-title-main">Meeting on the Protection of Minors in the Church</span> Summit in the Vatican City

The Vatican sexual abuse summit, officially the Meeting on the Protection of Minors in the Church, was a four-day Catholic Church summit meeting in Vatican City that ran from 21 to 24 February 2019, convened by Pope Francis to discuss preventing sexual abuse by Catholic Church clergy.

Vos estis lux mundi is a motu proprio by Pope Francis, promulgated on 9 May 2019. It establishes new procedural norms to combat sexual abuse and ensure that bishops and religious superiors are held accountable for their actions. It establishes universal norms, which apply to the whole church. As an experiment, the norms entered into force for a period of three years, starting on 1 June 2019. The norms were then expanded and made permanent on 25 March 2023, with their coming into force on 30 April 2023.

References

  1. 1 2 "Vatican: Seal of Confession always inviolable, despite civil law - Vatican News". www.vaticannews.va. July 1, 2019.
  2. 1 2 "Presentation of the Note of the Apostolic Penitentiary on the importance of the internal forum and the inviolability of the sacramental seal". press.vatican.va.
  3. 1 2 3 Grogan, Courtney. "Seal of confession is an 'intrinsic requirement,' Vatican says". Catholic News Agency .
  4. 1 2 3 "Vatican defends confessional secret as sexual abuse crisis stings". Reuters. July 1, 2019.
  5. 1 2 3 Frances d'Emilio (July 1, 2019). "Amid sex abuse scandals, Vatican upholds confession secrecy". KATV. Associated Press.
  6. "Vatican court rejects laws obligating priests to report sexual abuse revealed in confessions". CBS News.
  7. Rocca, Francis X. "Vatican Hits Back at Attempts to Break Confession Secrecy". The Wall Street Journal .
  8. "Efforts to force priests to divulge confession secrets 'unacceptable'". The Irish Times .