Seal of the Confessional in the Catholic Church

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In the Catholic Church, the Seal of Confession (or Seal of the Confessional) is the absolute duty of priests 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[ full citation needed ] by the way they speak. [1]

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. [2] Notably, neither the Lateran canon nor the law of the Decretum purports to enact for the first time the secrecy of confession. [3] 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 ]

Thomist theology

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]

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]

The Catechism of the Catholic Church teaches in paragraph 1467:

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]

The Compendium of the Catechism of the Catholic Church elaborates that a confessor is bound to secrecy. [9]

Apostolic Penitentiary

In Note on the importance of the internal forum and the inviolability of the Sacramental Seal, the Apostolic Penitentiary explained that the sacramental seal is universally and permanently inviolable as a matter of de fide dogma, and as part of freedom of religion and freedom of conscience, despite civil law. [10] [11] [12] [13] [14] [15] [16]

In practice

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]

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 person who violate directly violates the seal of the confessional (that is: explicitly connects a sin to a penitent) incurs a latae sententiae excommunication." 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 St. John Paul II and Pope Benedict XVI made it a practice to attach a latae sentintiae 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". [19]

In the Early Modern period, some casuists (Thomas Sanchez, etc.) 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"; St. Thomas Aquinas goes even farther and says that the priest knows the confession "not as man, but as God knows it". [20]

There are limited cases where portions of a confession may be revealed to others, but always with the penitent's permission and always without actually 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 ]

Recognition by civil authorities

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]

Martyrs

John of Nepomuk, Mateo Correa Magallanes, Fernando Olmedo Reguera [23] and Pedro Marieluz Garces are martyrs of the seal of the confessional in the Catholic Church, choosing to die rather than violate the seal.

See also

Related Research Articles

Confession (religion) acknowledgment of ones sins

Confession, in many religions, is the acknowledgment of one's sins (sinfulness) or wrongs.

Penance Repentance of sins

Penance is repentance of sins 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. The word penance derives from Old French and Latin paenitentia, both of which derive from the same root meaning repentance, the desire to be forgiven. Penance and repentance, similar in their derivation and original sense, have come to symbolize conflicting views of the essence of repentance, arising from the controversy as to the respective merits of "faith" and "good works". Word derivations occur in many languages.

Absolution is a traditional theological term for the forgiveness experienced by Christians in the life of the Church. It is a universal feature of the historic churches of Christendom, although the theology and the practice of absolution vary between denominations.

Apostolic Penitentiary one of the three tribunals of the Roman Curia

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

Valid but illicit and valid but illegal are descriptions applied in Catholic Church to an unauthorized celebration of a sacrament or an improperly placed juridic act that nevertheless has effect. Validity is presumed whenever an act is placed "by a qualified person and includes those things which essentially constitute the act itself as well as the formalities and requirements imposed by law for the validity of the act".

Latae sententiae is a Latin phrase, meaning "sentence (already) passed", used in the canon law of the Catholic Church. A latae sententiae penalty is one that follows ipso facto or automatically, by force of the law itself, when a law is contravened.

The clergy–penitent privilege, clergy privilege, confessional privilege, priest–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. The law 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 are required to confess 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 they are reconciled with the Christian community. While in current practice reconciliation services may be used to bring out the communal nature of sacraments, mortal sins must be confessed and venial sins may be confessed for devotional reasons. According to the current doctrine and 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 Book of Common Prayer (1662) and later liturgical sources.

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.

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.

Anointing of the Sick in the Catholic Church One of the sacraments in the Catholic Church

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Frequent confession Catholic religious practice

Frequent confession is the spiritual practice among some Roman Catholics of going to the sacrament of reconciliation often and regularly in order to grow in holiness. It is a practice that has been recommended by Catholic leaders and saints as a powerful means of growing in love with God, in humility, and having sorrow for sins, since it is considered a personal encounter with Jesus who is the source of God's grace, help, and forgiveness.

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.

In the Catholic Church, the Precepts of the Church, sometimes called Commandments of the Church, are certain laws considered binding on the faithful. As usually understood, they are moral and ecclesiastical, broad in character and limited in number. In modern times there are five. These specifically Catholic commandments are additional to the Ten Commandments which are common to all the Abrahamic religions.

Confession (Lutheran Church)

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.

In the canon law of the Catholic Church, excommunication, the principal and severest censure, is a medicinal, spiritual penalty that deprives the guilty Christian of all participation in the common blessings of ecclesiastical society. Being a penalty, it presupposes guilt; and being the most serious penalty that the Catholic Church can inflict, it naturally supposes a very grave offense.

Sacraments of the Catholic Church seven visible rituals that Catholics see as signs of Gods presence, consisting of those of initiation (baptism, confirmation, eucharist), of healing (reconciliation, anointing of the sick), and of service (holy orders, matrimony)

There are seven sacraments of the Catholic Church, which according to Catholic theology were instituted by Jesus 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. The sevenfold list of sacraments is often organized into three categories: the sacraments of initiation, consisting of Baptism, Confirmation, and the Eucharist; the sacraments of healing, consisting of Penance and Anointing of the Sick; and the sacraments of service: Holy Orders and Matrimony.

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, that 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 instill trust in the people that go to confession.

References

  1. "The Law of the Seal of Confession". Catholic Encyclopedia (1913). Volume 13.
  2. Secunda pars, dist. VI, c. II
  3. Nolan, R. (1912). The Law of the Seal of Confession. In The Catholic Encyclopedia. New York: Robert Appleton Company. Retrieved August 18, 2017 from New Advent: http://www.newadvent.org/cathen/13649b.htm
  4. Cf. also Jos. Mascardus, De probationibus, Frankfort, 1703, arg. 378.
  5. 1 2 "SUMMA THEOLOGIAE: The seal of confession (Supplementum, Q. 11)". www.newadvent.org. Retrieved 27 June 2019.
  6. "The Roman Catechism: The Sacraments – Penance". Catholic Information Network. Retrieved 27 June 2019.
  7. "Catechism of St. Pius X: The Sacraments – The Sacrament of Penance". Catholic Information Network. Retrieved 27 June 2019.
  8. "Catechism of the Catholic Church - The sacrament of penance and reconciliation". Holy See. Retrieved 27 June 2019.
  9. "Compendium of the Catechism of the Catholic Church". Holy See. Retrieved 27 June 2019.
  10. Vatican: Presentation of the Note of the Apostolic Penitentiary on the importance of the internal forum and the inviolability of the sacramental seal
  11. Catholic News Agency: Seal of confession is an 'intrinsic requirement,' Vatican says
  12. Reuters: Vatican defends confessional secret as sexual abuse crisis stings
  13. Katv: Amid sex abuse scandals, Vatican upholds confession secrecy
  14. WSJ: Vatican Hits Back at Attempts to Break Confession Secrecy
  15. Irish Times: Efforts to force priests to divulge confession secrets ‘unacceptable’
  16. CBS: Vatican court rejects laws obligating priests to report sexual abuse revealed in confessions
  17. 983 §1–2
  18. CIC c. 1388 §1
  19. CIC c. 1388 §2
  20. Supp. 11 I ad 2.
  21. "Priest could be jailed for refusing to break seal of Confession". Catholic Herald. 11 July 2014. Retrieved 30 June 2017.
  22. JOE GYAN JR. (28 October 2016). "Priests can't legally be forced to reveal what's heard in confessional, Louisiana Supreme Court rules". The Advocate. Retrieved 30 June 2017.
  23. "These priests were martyred for refusing to violate the seal of confession". Catholic News Agency. Retrieved 27 June 2019.

Sources