In the Catholic Church, the Seal of Confession (also known as the Seal of the Confessional or the Sacramental Seal) 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).[1] 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[further explanation needed] by the way they speak.[2]
History
Ecumenical councils
Canon 21 of the Fourth Council of the Lateran (1215), binding on the whole church, laid down the obligation of secrecy in the following words:
Let the priest absolutely beware that he does not by word or sign or by any manner whatever in any way betray the sinner: but if he should happen to need wiser counsel let him cautiously seek the same without any mention of person. For whoever shall dare to reveal a sin disclosed to him in the tribunal of penance we decree that he shall be not only deposed from the priestly office but that he shall also be sent into the confinement of a monastery to do perpetual penance.
—Hefele-Leclercq, Histoire des Conciles at the year 1215; Mansi or Harduin, "Coll. conciliorum"
Gratian, who compiled the edicts of previous Catholic Ecumenical Councils and the principles of church law, published the Decretum about 1151. It includes the following declaration of the law as to the seal of confession: "Let the priest who dares to make known the sins of his penitent be deposed." Gratian goes on to say that the violator of this law should be made a lifelong, ignominious wanderer.[3] Notably, neither the Lateran canon nor the law of the Decretum purports to enact for the first time the secrecy of confession.[2] The 15th-century English canonist William Lyndwood speaks of two reasons why a priest is bound to keep secret a confession, the first being on account of the sacrament because it is almost (quasi) of the essence of the sacrament to keep secret the confession.[4][clarification needed]
The Summa Theologiae devotes one article to the seal of confession, explaining that the seal may not be violated, including regarding matters that might indirectly lead to the seal's violation, not even violated by those who hear the confession.[5] Thomas gives two reasons for the seal's inviolability: the seal is divinely instituted and the seal prevents scandal.[5][further explanation needed]
Catechisms
According to the Roman Catechism, "the faithful are to be admonished that there is no reason whatever to apprehend that what is made known in confession will ever be revealed by the priest to anyone, or that by it the penitent can at any time be brought into danger of any sort[...] Let the priest, says the great Council of Lateran, take special care, neither by word or sign, nor by any other means whatever, to betray in the least degree the sinner."[6]
Pope Pius X in his catechism taught that "the confessor is bound by the seal of confession under the gravest sin and under threat of the severest punishments both temporal and eternal."[7]
Given the delicacy and greatness of this ministry and the respect due to persons, the Church declares that every priest who hears confessions is bound under very severe penalties to keep absolute secrecy regarding the sins that his penitents have confessed to him. He can make no use of knowledge that confession gives him about penitents' lives. This secret, which admits of no exceptions, is called the "sacramental seal", because what the penitent has made known to the priest remains "sealed" by the sacrament.[8]
According to Roman Catholic canon law, "The sacramental seal is inviolable; therefore it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason." The confessor is always an ordained priest, because in the Catholic Church only ordained priests can absolve sins; lay confession is not recognized. Any person who overhears a confession is likewise bound by the seal.[17][18]
Priests may not reveal what they have learned during confession to anyone, even under the threat of their own death or that of others. Punishment for breaking the seal of the confessional is conferred by the severity of the violation: "a confessor who directly violates the seal of the confessional," that is: explicitly connects a sin to a penitent, "incurs a latae sententiaeexcommunication."[18] One who breaks the seal "indirectly" (that is, through their words and actions make known a particular penitent's sins and somehow connects those sins to the penitent) would be punished according to the "gravity of the delict."[18] Both Pope John Paul II and Pope Benedict XVI made it a practice to attach a latae sententiae excommunication to indirect violations of the seal. Those who are privy to another person's confession either as an interpreter or by accidental circumstance are likewise punished according to the gravity of their delict "not excluding excommunication".[18]
In the Early Modern period, some casuists (inter alia, Thomas Sanchez) justified mental reservation, a form of deception which does not involve outright lying, in specific circumstances including when such an action is necessary to protect secrecy under the seal of the confessional. Other casuists considered "grey areas" in which it was unclear whether or not the seal was being violated.[citation needed] A priest who says "I do not know" is thus to be understood "I do not know with knowledge outside the Seal of the Confessional"; Thomas Aquinas goes even further and says that the priest knows the confession "not as man, but as God knows it".[19]
It is permissible (though by no means necessary) for a priest to talk indirectly about some information he has or has not heard in confessions over the years as part of a homily or teaching lecture as long as he says or does nothing that would connect this information to any specific person. For example, he could choose to mention "I've heard the confession of a sex offender," or "I've almost never heard anyone explicitly confess a failure to help the poor." However, the Catholic Church punishes with excommunicationlatae sententiae anyone who records by any technical means or divulges what is said by the confessor or penitent.[18][20]
There are limited cases where portions of a confession may be revealed to others, but always with the penitent's permission and never by revealing the penitent's identity. This is the case, for example, with more serious offenses, as some excommunicable offenses are reserved to the Holy See and their permission to grant absolution must be obtained.[citation needed] In these cases, the priest hearing the confession asks the permission of the penitent to write a petition, using pseudonyms and containing the absolute minimum information necessary, to the bishop or to the Apostolic Penitentiary, the cardinal delegated by the Pope to handle such requests. This request may be forwarded, sealed, through the apostolic delegate or nuncio in a country (the Pope's ambassador), to be guarded by the privilege of a diplomatic pouch.[citation needed]
The law of different jurisdictions in general requires people under certain circumstances to testify about facts known to them. In many cases, the rule of evidence of confessional privilege forbids judicial inquiry into communications made under the seal of confession.
There may be conflict between the obligation of confidentiality of confession and civil law. The Louisiana Supreme Court ruled in 2014 that a priest may be compelled to testify about what he was told in the confessional regarding a particular sexual abuse case, leaving the priest at risk of excommunication if he even confirms that a confession took place, or jail for contempt of court should he refuse to testify.[21] However, the Court later ruled that a priest has no duty to report confidential information heard during a sacramental confession.[22]
Confession, in many religions, is the acknowledgment of sinful thoughts and actions. This may occur directly to a god or to fellow people.
Penance is any act or a set of actions done out of repentance for sins committed, as well as an alternate name for the Catholic, Lutheran, Eastern Orthodox, and Oriental Orthodox sacrament of Reconciliation or Confession. It also plays a part in confession among Anglicans and Methodists, in which it is a rite, as well as among other Protestants.
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.
Absolution is a theological term for the forgiveness imparted by ordained Christian priests and experienced by Christian penitents. It is a universal feature of the historic churches of Christendom, although the theology and the practice of absolution vary between Christian denominations.
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, similar to attorney–client privilege 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.
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 Seal of the Confessional is a Christian doctrine which affirms the special protection and privilege of the words spoken during confession between a penitent and his or her pastor. A form of this principle exists in the doctrine and practice of many modern Lutheran churches.
Lay confession is confession in the religious sense, made to a lay person.
Canon 1397§2 is a paragraph of the canon 1397 of the 1983 Code of Canon Law of the Catholic Church; the paragraph states: "A person who actually procures an abortion incurs a latae sententiae excommunication".
Canon 915, one of the canons in the 1983 Code of Canon Law of the Latin Church of the Catholic Church, forbids the administration of Holy Communion to those upon whom the penalty of excommunication or interdict has been imposed or declared, or who obstinately persist in manifest grave sin:
Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.
In the Lutheran Church, Confession is the method given by Christ to the Church by which individual men and women may receive the forgiveness of sins; according to the Large Catechism, the "third sacrament" of Holy Absolution is properly viewed as an extension of Holy Baptism. Unlike Roman Catholicism, the practice of private confession in the Lutheran Church is voluntary, not obligatory.
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.
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.
A censure, in the canon law of the Catholic Church, is a medicinal and spiritual punishment imposed by the church on a baptized, delinquent, and contumacious person, by which he is deprived, either wholly or in part, of the use of certain spiritual goods until he recovers from his contumacy. These goods can encompass access to the sacraments, participation in certain liturgical activities, and involvement in ecclesiastical functions.
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.
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