Seal of the Confessional (Anglicanism)

Last updated April 26, 2024

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.

Historical position

Before the English Reformation

The 1151 Decretum of Gratian, which compiles the edicts of previous councils and the principles of Church law, describes the law as to the seal of confession as follows:

Let the priest who dares to make known the sins of his penitent be deposed
— Decretum, Secunda pars, dist. VI, c. II

Gratian goes on to say that the violator of this law should be made a lifelong, ignominious wanderer.

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"

Neither this canon nor the law of the Decretum purports to enact for the first time the secrecy of confession. The great 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.^[1]

Henry VIII and the English Reformation

The whole system of spiritual jurisdiction and the administration of canon law in England was transformed by the advent of the English Reformation. The reign of King Henry VIII saw the advent of an independent Church of England, constituted with the king as supreme head. The Statute of the Six Articles, passed in 1540, declared that "auricular confession is expedient and necessary to be retained and continued, used and frequented in the Church of God".

Canon 113

Historically, the only occasion in which the confidentiality of a confession was imposed as a duty by the Church of England seems to have been in the canons that were made in 1603. Canon 113 deals with the suppression of evil deeds by the reporting thereof by the persons concerned with the administration of each parish. It provides for the presentment to the ordinary by parsons, vicars, or curates of the crimes and iniquities committed in the parish. It concludes with the following reservation:

Provided always, That if any man confess his secret and hidden sins to the minister, for the unburdening of his conscience, and to receive spiritual consolation and ease of mind from him: we do not in any way bind the said minister by this our Constitution, but do straitly charge and admonish him, that he do not at any time reveal and make known to any person whatsoever any crime or offence so committed to his trust and secrecy (except they be such crimes as by the laws of this realm his own life may be called into question for concealing the same) under pain of irregularity.^[2]

There are two points to be observed in the canon: First, there is an express exemption from the duty of secrecy where such duty should conflict with one imposed by the civil power under a certain penalty. There does not appear to have been, in fact, at that time any law which made the mere concealment of any crime, including treason, an offence punishable with forfeiture of life. This in no way affects the principle laid down in the canon. The exemption is a marked departure from the pre-Reformation ecclesiastical law on the subject as shown by the pre-Reformation English canons and otherwise. Second, even apart from the exemption, the language used to declare the injunction bears a marked contrast to the language used to declare the secrecy in pre-Reformation days. It is evident that secrecy is not quasi of the essence of confession, as William Lyndwood had declared it to be at the time which he wrote. The notion of secrecy as explained by the Fourth Lateran Council, and the English Councils of Durham and Oxford – which made stringent decrees – seems to have been ended by the English Reformation.

It results from the Submission of the Clergy Act that a canon is void if it contravenes common or statute law, and, accordingly, it becomes void if at any subsequent period a statute inconsistent with it is passed.^[3] It does not seem that there was in 1603 any statute to which canon 113 was necessarily contrariant or that any has been passed since; the common law on the topic is unclear.

Current position

International variation

The Anglican Communion is an international communion and laws concerning priest-penitent privilege differ from country to country. Similarly, the different member churches of the communion each have their own canons or other governing regulations. The practice of private confession has a varying degree of importance in the different churches of the Anglican Communion; although all base their doctrinal position ultimately upon the doctrine expressed in the Book of Common Prayer (1662) which urges the use of private confession by all who "cannot quiet his own conscience" by the means of "self-examination, confession^[4] and repentance". Despite the huge range of attitudes towards the practice, there is an understanding among the clergy throughout Anglicanism that there is an inviolable confidence between the individual priest and the penitent.

Church of England legislation

In the Church of England, when new canons were introduced in 1969, they repealed most of the Canons of 1604, but Canon 113 (see above) was left unrepealed, and remains in force. The Guidelines for the Professional Conduct of the Clergy (2003), which are currently in force throughout the Church of England, state at section 7.2 "There can be no disclosure of what is confessed to a priest. This principle holds even after the death of the penitent. The priest may not refer to what has been learnt in confession, even to the penitent, unless explicitly permitted.";^[5] and add at section 7.4 "If a penitent's behaviour gravely threatens his or her well-being or that of others, the priest, while advising action on the penitent's part, must still keep the confidence".^[5]

The 21st century has presented its own set of problems and questions. The Church of England has found itself responding to social pressures for greater self-regulation of professions including such matters as a) good practice in pastoral and counseling relationships, b) dealing with data protection issues relating to the keeping of records and c) the importance of clergy being aware of legal obligations on them.^[5] On the one hand privacy concerns in the secular world have meant that personal information is to be regarded as presumed confidential.^[5] On the other hand, child abuse awareness has meant that clergy must be aware when they are under a duty to disclose information, such as where the protection of children is involved.^[5] At the same time, the absolute confidentiality of the 'seal of the confessional' is upheld.^[5]

Liturgical provision

Anglican liturgical resources, from around the world, make reference to the requirement of secrecy and the Seal of the Confessional. In the Church of England, the Common Worship provision entitled "Reconciliation and Restoration" includes two forms of service for "Reconciliation of a Penitent". The notes preceding these services state "The ministry of reconciliation requires that what is said in confession to a priest may not be disclosed".^[6] The Book of Alternative Services of the Anglican Church of Canada states: "The secrecy of a confession of sin is morally absolute for the confessor, and must under no circumstances be broken."^[7] In the Anglican Church of Southern Africa there are two rites for confession and absolution provided in the official liturgical resource 'An Anglican Prayer Book'. The preface to these states "Every priest in exercising this ministry of reconciliation, committed by Christ to his Church, is solemnly bound to observe secrecy concerning all those matters which are confessed before him".^[8]

Related Research Articles

<span class="mw-page-title-main">Confession (religion)</span> Acknowledgment of ones sins

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.

A confessional is a box, cabinet, booth, or stall in which the priest in some Catholic churches sits to hear the confessions of penitents. It is the usual venue for the sacrament in the Roman Catholic Church and the Lutheran Churches, but similar structures are also used in Anglican churches of an Anglo-Catholic orientation. In the Catholic Church, confessions are only to be heard in a confessional or oratory, except for a just reason.

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.

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.

Eucharistic discipline is the term applied to the regulations and practices associated with an individual preparing for the reception of the Eucharist. Different Christian traditions require varying degrees of preparation, which may include a period of fasting, prayer, repentance, and confession.

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.

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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 doctrine of priest–penitent privilege does not appear to apply in English law. The orthodox view is that under the law of England and Wales privileged communication exists only in the context of legal advice obtained from a professional adviser. A statement of the law on priest–penitent privilege is contained in the nineteenth century case of Wheeler v. Le Marchant:

In the first place, the principle protecting confidential communications is of a very limited character. [...] There are many communications, which, though absolutely necessary because without them the ordinary business of life cannot be carried on, still are not privileged. [...] Communications made to a priest in the confessional on matters perhaps considered by the penitent to be more important than his life or his fortune, are not protected.

The doctrine of priest–penitent privilege does not apply in England. However, before the Reformation, England was a Roman Catholic country and the Seal of the Confessional had great authority in the English courts.

The doctrine of priest–penitent privilege does not apply in the UK. Before the Reformation, England was a Roman Catholic country and the Seal of the Confessional had great authority in the English courts. However, the Reformation was followed by a period of, often fierce, persecution of Catholics.

The Anglican ministry is both the leadership and agency of Christian service in the Anglican Communion. Ministry commonly refers to the office of ordained clergy: the threefold order of bishops, priests and deacons. More accurately, Anglican ministry includes many laypeople who devote themselves to the ministry of the church, either individually or in lower/assisting offices such as lector, acolyte, sub-deacon, Eucharistic minister, cantor, musicians, parish secretary or assistant, warden, vestry member, etc. Ultimately, all baptized members of the church are considered to partake in the ministry of the Body of Christ.

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.

This is a glossary of terms used within the Catholic Church. Some terms used in everyday English have a different meaning in the context of the Catholic faith, including brother, confession, confirmation, exemption, faithful, father, ordinary, religious, sister, venerable, and vow.

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.

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.

References

↑ (Cf. also Jos. Mascardus, De probationibus, Frankfort, 1703, arg. 378.)
↑ Proviso to Canon 113 of the Code of 1603, retained in the Supplement to the present Code
↑ As was held in the case of R v. Dibdin (Law Reports, 1910, Probate, 57)
↑ Meaning public confession
1 2 3 4 5 6 "Guidelines for the professional conduct of clergy are published". 18 February 2002. Retrieved 2007-10-12.
↑ Common Worship: Christian Initiation, published by Church House Publishing (2006), copyright The Archbishops' Council (2006), ISBN 0-7151-2102-2, page 270.
↑ The Book of Alternative Services of the Church of Canada, published by Anglican Book Centre (Toronto) (1985), copyright the General Synod of the Anglican Church of Canada (1985), ISBN 0-919891-27-6, page 166.
↑ An Anglican Prayer Book, published by Collins Liturgical Publications (1989), copyright the Provincial Trustees of the Church of the Province of Southern Africa (1989), ISBN 0-00-599180-3, page 448.