Chapter LXVIII: Part II: SPECIAL MORAL THEOLOGY (Continued) (31)

(b) Formal completeness consists in the declaration of all the mortal sins which here and now, all things considered, one can and should mention. This kind of completeness is necessary for a valid and fruitful confession, because the law of Christ calls for a complete confession, as far as possible, and formal completeness is possible. Since he who is obliged by a law is also obliged to use the means to keep the law, those who are going to confession should examine their consciences beforehand, unless this is impossible or unnecessary. The time and diligence to be given this examination depends on the person and his circumstances; but all should be careful about it, while avoiding scrupulosity, and should also remember that contrition is even more important than confession.

2741. Manner of Confession.--Completeness of confession as regards mortal sins extends to the following points:

(a) the theological and the lowest moral species of a sin (197 sqq.) must be given, for otherwise the confessor does not understand the case before him. He who has committed a mortal theft does not satisfy by confessing a venial theft; he who is guilty of the specific sin of calumny does not satisfy by the generic accusation of sins of the tongue. But impossibility excuses, as when the penitent has only a general recollection about a sin;

(b) the number of the sins must be given exactly or, if this is impossible, approximately. He who unintentionally exaggerates the number or tells a sin of which he is not guilty, is not bound to correct this, but he who unintentionally lowers the number to a notable extent should tell in his next confession what was omitted (see 202 sqq.);

(c) the circumstances that change the species of a sin must be declared, for example, the fact that the person who was scandalized was one’s subject, that the person who was treated disrespectfully was one’s superior, that the amount stolen was large (see 72);

(d) the external act that completed an internal sin must be declared, and hence he who committed impurity does not confess properly by saying that he gave consent to impure desires (see 89-93).

2742. Disputed Cases.--(a) Circumstances that Notably Aggravate a Sin without Changing Its Species.--For the obligation of confessing these circumstances, it is argued that, if the confessor does not know them, he is unable to guide the penitent properly. Against obligation, it is argued that the species of the sin gives the confessor sufficient knowledge, and that the obligation of confessing aggravating circumstances would make the burden too heavy for the penitent. But all admit that _per accidens_ there may be a duty of confessing a circumstance of this kind, as when it makes a sin reserved, or consists in an occasion of sin or evil habit, or when it produces a great change in reference to satisfaction (e.g., the theft of $10,000 is quite different from the theft of $1000).

(b) As to the Imputable External Effects of a Sin.--One opinion is that these must be confessed, since they are willed in their cause (96, 102); another opinion is that they need not be confessed since they are not sins, but results that followed on a sin; a third opinion answers that they must be confessed if the evil will was not retracted before they happened, but otherwise not. All agree, however, that the sinner in this case should confess that he sinned with foresight of the consequence, and that he should confess the consequence itself if there is attached to it something that should be known to the confessor (e.g., censure, irregularity, etc.).

(c) Sins Whose Commission, or Gravity, or Remission is Uncertain.--If the uncertainty is about the fact or gravity of the sin, there is no obligation to confess the sin, even though its commission or its gravity be probable; for the obligation cannot be proved. But if it is certain that grave sin has been committed and uncertain whether the sin has been confessed, a mere doubt or suspicion in favor of confession does not exempt from obligation; a probable opinion in favor of confession excuses according to Probabilism, but it does not excuse according to Equiprobabilism, unless the doubt is about a confession made long ago by one who was careful in making his confessions, or unless there is question of a scrupulous person (655 sqq., 708, 709).

2743. When Material Integrity Is Not Necessary.--Material integrity is not due because of real impossibility in the following cases:

(a) when there is physical impossibility, as when one is at the point of death and too weak to make confession, or is deaf and dumb, or cannot speak the confessor’s language correctly, or cannot finish confession on account of shipwreck or other great peril;

(b) when there is moral impossibility, as when material integrity cannot be had except at the expense of a great temporal or spiritual evil distinct from the inconvenience intrinsic to the confession itself, and there is some serious reason that makes it necessary to go to confession here and now (e.g., the desire of not remaining long in the state of sin). Examples are: great spiritual harm, as when a penitent is scrupulous; great temporal harm, as when the penitent has to flee to escape assassination. Some affirm, while others deny, the duty of mentioning a sin that will defame an accomplice with the confessor, and in practice it seems the duty cannot be insisted on (cfr. 2065).

2744. Completion or Repetition of Past Incomplete Confessions.--(a) Completion of past confessions must be made when they lacked material integrity, if the impossibility has ceased.

(b) Particular repetition is necessary when a confession lacked formal integrity or other essential; that is, if a sin was unlawfully concealed or unrepented of in confession, the sacrilege must be confessed and the previous confession made over, since it was invalid. But if the new confession is made to the same confessor and he has a general remembrance of it, the new confession may be made summarily.

(c) General repetition is necessary when several past confessions were certainly invalid on account of lack of formal integrity or other defect. Thus, he who has made bad confessions for three months must make a general confession of that period of time. General confession is advisable when there is a prudent doubt about the worth of past confessions; it is permissible when it will help a penitent to be more contrite and lead a better life; it is not lawful when it will do harm, as when a scrupulous penitent will be harrowed and maddened by the thought of his past sins.

2745. Satisfaction.--The third act of the penitent is satisfaction, which is defined as “a compensation for the injury done to God by sin, appointed by God’s minister in the Sacrament of Penance and accepted and performed by the penitent.”

(a) This act is a compensation or payment made to God as an act of reparation and justice.

(b) The compensation is appointed by the confessor, for its chief purpose is restoration of friendship between God and the sinner, and hence equality is not sought, but the good will to do what God’s minister imposes.

(c) The compensation is accepted and performed. This is required for the completeness, not for the essence, of the Sacrament. He who is really contrite desires to satisfy, he who confesses offers to satisfy; and hence, if for any reason he does not actually satisfy, his satisfaction of desire suffices for the validity of the Sacrament, but his omission to perform the satisfaction makes the Sacrament incomplete.

2746. The Effects of Actual Satisfaction.--(a) There is a remissive effect, consisting in the _ex opere operato_ release of a portion or of all the temporal punishment due to sin forgiven.

(b) There is a medicinal effect, consisting in the appreciation of the evil of sin, the caution and vigilance against future relapse, and the removal of evil tendencies, which the penitential works inculcate and promote.

2747. The Conditions for Effective Satisfaction.--(a) For validity (that is, for discharge of the obligation) the penitent must perform the penance as to essentials in the way prescribed by the confessor, and he must perform it personally, unless the confessor permits or enjoins fulfillment by proxy (Canon 887). A penance performed during the actual commission of or with actual affection for sin, is not a satisfaction, but a new offense.

(b) For fruitfulness it is necessary that the penitent be in the state of grace when he fulfills the penance, for the works of His enemies are not supernaturally pleasing to God. Or, more exactly, a penance done in the state of sin, but without affection for sin and under the influence of actual grace, has no strict right either of justice or of friendship to divine acceptance; but it seems fitting that such penance be accepted by the divine liberality in part satisfaction for sins forgiven.

2748. The Obligation of Accepting and Performing a Penance.--(a) _Per se_, the obligation is grave, since the penance belongs to the integrity of the Sacrament, and hence its refusal or neglect is an injury to a sacred thing. (b) _Per accidens_, the obligation may be light, and this is held to be the case when the penance was imposed for free matter, or when the satisfaction prescribed is a light work (such as one or two Hail Marys). A penitent is not bound to accept an unreasonable penance, and he may seek a commutation if such a penance is imposed. As a rule, negligence about the circumstances of a penance (e.g., the time, or posture) is not a grave sin, but exceptionally it may be serious (e.g., if one delays a gravely obligatory penance six months, or so long as to be in danger of forgetting it; if one omits to say a prayer on bended knees when this was chiefly intended by the confessor).

2749. Causes That Excuse from a Penance Imposed.--(a) Commutation.--If there is a just reason (e.g., the over-severity of the penance), the penitent may have his penance changed to something lighter. The confessor who imposed the penance may be asked to change it, even probably after and outside of confession, and after a long time, and though he does not remember the confession. Another confessor may lessen the penance, but only in confession and after he has heard at least a summary repetition of the sins for which the penance was given.

(b) Cessation.--There is no obligation to fulfill a penance in case of impossibility, whether physical (e.g., if the penitent is dying and can neither say the prayers ordered nor ask for a commutation), or moral (e.g., if the penitent has forgotten the penance and cannot conveniently ask the confessor about it).

2750. Requirements in the Minister for Valid Absolution.--(a) The divine law requires the power of Orders, for only priests were appointed by Christ as the ministers of Penance, (b) The natural law requires the power of jurisdiction, since the Sacrament of Penance is exercised in the form of a judicial process, which supposes authority to judge. (c) The law of the Church requires the approval of the Bishop, or his decision that the priest is a fit person to hear confessions. Approbation is always given along with jurisdiction.

2751. Power of Jurisdiction.--The power of jurisdiction is so necessary that without it absolution is null.

(a) Jurisdiction in general is treated in Canons 872 sqq. of the Code. Ordinary jurisdiction is had by the Pope for the whole Church, and by Ordinaries, parish-priests, exempt religious superiors, etc., for their own subjects. Delegated jurisdiction comes from the law itself in favor of penitents who are dying (Canon 882), or who are making a sea voyage (Canon 883), a privilege extended recently also to those who are making air journeys, or who are outside their domicile (Canon 881), etc.; while delegated jurisdiction from man is had by those priests who have obtained faculties orally or in writing from the competent superior (Canon 879).

(b) Jurisdiction in special cases is treated in Canons 874, 875, 876, 519 sqq. Religious women living in community should have for each house one ordinary confessor and one extraordinary confessor who comes four times a year. Further, the bishop should appoint supplementary confessors to whom the Religious may freely make their confessions, and special confessors for individual Sisters when spiritual progress is aided by such an arrangement.

2752. When the Church Supplies Jurisdiction.--In certain cases the Church, for the good of souls, supplies jurisdiction for the time being to priests who lack it:

(a) in case of common error, that is, when all or many of the faithful in a place think that a priest has jurisdiction, as when he is seated in the confessional of a public church hearing or waiting to hear those who are going to confession. The common error is not of law, but of fact;

(b) in case of uncertainty of law (e.g., whether a certain sin is reserved) or of fact (e.g., whether the confessor’s jurisdiction has expired) about the confessor’s jurisdiction, if the confessor has a positive or probable reason in favor of his right to absolve. The Church supplies jurisdiction in the absolution of a reserved censure whose reservation was not known to the priest, unless it be _ab homine_ or most specially reserved to the Holy See (Canon 2247, n. 3);

(c) in case of danger of death, when full jurisdiction is granted to every priest (Canon 882).

2753. Limitation of jurisdiction.--(a) Reserved Sins or Cases.--For the sake of discipline and the good of souls the absolution of certain more atrocious or pernicious crimes is reserved to higher superiors, namely, to the Pope or the Ordinary. Reservation is not incurred in a case reserved on account of censure, if the penitent’s act was not gravely imputable; nor probably in a case reserved for its own sake (unless the reserving authority willed otherwise), if the penitent was ignorant (though not crassly or supinely) of the reservation (Canon 2229). To fall under reservation, a sin must be mortal, consummated (i.e. not merely attempted) certain and formal (i.e., perpetrated with knowledge of the special malice that caused reservation). Reservation ceases when confession is made by the sick who are unable to leave the house or by those who are about to be married; when the Superior has refused the request for faculties to absolve a reserved case, or the confessor prudently decides that the request for faculties cannot be made without grave detriment to the penitent or danger to the seal; when confession is made outside the territory of the Superior who reserves the sin (Canon 900).

(b) Reserved Persons.--Those who have not special faculties cannot validly hear the confessions of nuns (Canon 876), for the director of consciences of these Religious should be endowed with special virtue, knowledge and prudence. Religious Superiors, novice-masters, and rectors of seminaries or colleges should not act habitually as confessors of their subjects (Canons 518, n. 2, 891), lest the distinction between the internal and the external forum be forgotten. Finally, to prevent abuse of the Sacrament and occasions of relapse, a confessor cannot validly absolve his accomplice in a sin against the Sixth Commandment, consummated or unconsummated, or from the sin of complicity itself, as necessary matter of the Sacrament, if the sin was on both sides external, certain, and both internally and externally grave (Canons 884, 2367).

2754. Absolution from Reserved Cases.--(a) In danger of death, any priest can absolve every reserved sin and censure, but, should the penitent recover, there is a duty in certain specified cases of having recourse to the lawful superior (Canons 882, 2252). The latter Canon specifies two cases in which recourse is necessary after the person recovers, namely, a censure _ab homine_ and one most specially reserved to the Holy See. A third case has been added by the Sacred Penitentiary, namely, when a priest who has attempted marriage and is unable to separate asks for absolution from the censure of Canon 2388, Sec.1, in danger of death.

(b) In urgent cases, namely, if censures _latae sententiae_ cannot be observed externally without grave danger of scandal or infamy, or if it is hard for the penitent to remain in the state of grave sin for such time as may be necessary in order that the competent superior may provide, then any confessor can, in the sacramental forum, absolve from these censures, no matter how they are reserved, imposing, under pain of falling back into the censure, the obligation of having recourse within a month (at least by letter and through the confessor, if it can be done without grave inconvenience), without mentioning the name, to the Sacred Penitentiary or to a Bishop or other superior who has the faculty. The confessor imposes also the obligation of fulfilling his injunctions (Canon 2254, Sec.1). It is to be noted:

1) the circumstances constituting an urgent case are the two specified in the Canon: the difficulty of observing the censure; the hardship of remaining in sin.

2) the object of the absolution is all censures _latae sententiae_, however reserved, with one exception, namely, the censure incurred under Canon 2388, Sec.1, the case of a priest who, after an attempted marriage, is unable to separate. No absolution as an urgent case under this Canon can be given. The censure _latae sententiae_ for false denunciation can be absolved under this Canon only if the conditions of Canon 2363 have been fulfilled (actual formal retraction and reparation; imposition of a grave and long penance; and the sin itself remains reserved _ratione sui_ to the Holy See).

3) Sufficient extrinsic authority is available to make safe in practice the extension of the grant of power of this Canon to censures _ab homine_ which are _ferendae sententiae_.

4) Sections 2 and 3 of this Canon indicate the right of the penitent to go afterwards to a privileged confessor without making the recourse to the superior enjoined upon him or observing the _mandata_ from the superior in case he has already made recourse, and the procedure to be followed when recourse is morally impossible.

(c) Outside of necessity, only those can absolve who have ordinary or delegated faculties. The law itself grants to pastors the power to absolve during the whole of paschal time from all sins which the Ordinary has reserved to himself, and missionaries have the same power during the time they are giving a mission (Canon 899, n. 3). This does not apply to censures nor to cases reserved to the Ordinary by the Apostolic See or by law, such as the excommunication _latae sententiae_ which Canon 2350 declares against the procurers of abortion.

2755. Absolution Given by One Not Possessed of Jurisdiction.--(a) Effect.--Absolution of mortal sins given without jurisdiction is invalid; and of venial sins, is unlawful and probably invalid. In some cases, however, the Church supplies jurisdiction, as was said above (2752).

(b) Guilt.--There is no sin if the absolution is given in good faith, as when a confessor is inculpably ignorant of a reservation. If absolution is given in bad faith and the confessor knows that the Church does not supply, there is a grave sin on account of the irreverence to the Sacrament and the harm to the penitent. If the confessor knows that he lacks jurisdiction, but that the Church supplies on account of common error, it seems that no sin is committed if there is a good reason for giving absolution (e.g., the absence of other priests); but otherwise there is mortal or venial sin according to circumstances.

(c) Penalty.--He who with presumption hears confessions without jurisdiction or absolves from a reserved case for which he has no faculties, incurs in the former case _ipso facto_ suspension from the power of Orders, and in the latter case _ipso facto_ suspension from hearing confessions (Canon 2366).

2756. Duties of the Confessor before Confession.--(a) Fitness to Hear Confessions.--The confessor should have sufficient knowledge to be able readily to solve the usual cases and to work out or find the solution of the more difficult cases; sufficient prudence to be able to apply his knowledge well and to avoid what is dangerous or suspicious; sufficient goodness to be sincerely desirous of the spiritual advantage of the penitent, and to be patient in hearing him and firm in correcting him.

(b) Willingness to H ear Confessions.-The confessor is obliged either from justice or charity (2676) to hear the confessions of those who reasonably request it. He should observe the rules of the Ritual and of the Code as to the manner and place of confession (Canons 908-910).

2757. Duties of the Confessor as Judge in Hearing the Case.--(a) Since confession should be entire, the confessor is gravely bound to question the penitent, when there is reason to think that the confession is not entire. With pious and well-instructed persons, of course, there is no need of questioning, and, since the duty of integrity rests primarily on the penitent, the confessor’s negligence may be regarded as venial when he is burdened by a great multitude of confessions.

(b) Since confession must not be made onerous or harmful to penitents, the confessor is bound to be very discreet in the questions he asks, and to follow the rule that it is far better to say too little than to say too much. He must avoid any word or remark that might teach sin to the young or scandalize the old; he must be very reserved when speaking of matters that pertain to the Sixth Commandment, and, if there is need to question about them, should begin with very general queries. Neither directly nor indirectly may he inquire the name of an accomplice of the penitent (Canon 888); but he is allowed to investigate matters which he has a right to know, even though the accomplice thereby becomes known to him. If the common good requires that a complaint be lodged against the accomplice, the confessor may oblige the penitent to make this complaint to the proper superior; but it is seldom advisable that the confessor agree to perform this duty himself, and then he should require that the penitent speak to him about the affair outside of confession, if this can be done (see 1287).

(c) Since the penitent acts as the accuser in confession, he should be believed both for and against himself. But should it happen that the confessor knows for certain that his penitent is lying, his procedure will depend on the source of his knowledge. If the knowledge is not of sacramental origin but comes from the confessor’s own reliable experience (e.g., because he saw the penitent commit a sin and is sure that the silence about the sin is not due to forgetfulness, ignorance or previous confession of it), he should try to induce the penitent to confess, and, if the latter refuses, should deny absolution. If the confessor is morally certain on account of the word of a third person that the penitent is now concealing a sin, it seems to some authorities that absolution may be either granted or refused, to others that it must be refused. Finally, if the confessor’s knowledge comes from a previous sacramental confession or other obligatory secret, he is held to respect the secret; he may not ask any questions which he would not have asked otherwise, and, if the penitent will not confess, he must either grant absolution, as some hold, or dissimulate its denial, as others think.

2758. Duties of the Confessor-Judge in Deciding about the Case.--(a) The confessor should pass judgment on the past state of the penitent’s soul as declared to him, but defect or mistake here would not make the Sacrament null. The objective malice of the sins (i.e., their theological and moral malice) will be recognized by the priest from his knowledge of theology, and the subjective malice from the declarations or replies of the penitent. At times the confessor will have to rest satisfied with the decision that the sin or its character is uncertain.

(b) The confessor should pass judgment on the present dispositions of the penitent, or the sincerity of his sorrow and resolution; but it suffices that the judgment be probable, and there be no strong suspicion against it. The penitent’s devout confession, or his promise of amendment, the trouble he took to make his confession, etc., are indexes of good faith, just as boastful confession, disregard for former promises, and unwillingness or carelessness about coming to confession are signs of bad faith.

2759. Duties of the Confessor-Judge in Passing Sentence.--(a) The Duty of Binding.--The confessor must impose upon the penitent such duties as are necessitated by the essence of the Sacrament (e.g., there is no true contrition without willingness to make due restitution, reparation, or satisfaction, and to avoid sinful occasions and to struggle against bad habits), or such penalties as are required for its integrity (i.e., the priest must impose a suitable penance). To safeguard morals, the law of the Church gravely obliges a confessor to require his penitent _sub gravi_ to denounce another confessor certainly guilty of the crime of solicitation, unless there be a grave reason that excuses the penitent; and, if the penitent refuses, absolution must be denied. On the details of this law and on the penalties for solicitation, refusal to denounce, and false accusation, see Commentaries on Canons 904, 2368 and 2363 of the Code.

(b) The Duty of Loosing.--The confessor is bound _sub gravi_ to give absolution at once to one who is properly disposed, for there is a tacit contract between the penitent and the confessor that absolution will be granted if the penitent is worthy; the penitent puts himself to considerable trouble to obtain forgiveness, and he is deprived of a great good if absolution is refused (Canon 886). If only free matter is confessed, it is a venial sin now and then to deny absolution without reason, but no sin to deny it for a good reason if the penitent consents.

(c) The Duty of Retaining.--The confessor should always refuse absolution to those who are certainly not contrite and in whom he cannot awaken true repentance, for absolution would be of no benefit to such persons and would make the confessor an encourager of sin. Likewise, absolution should be denied those who are incapable (e.g., those who have not as yet committed sin or who confess only imperfections). If there is doubt about the fitness or capacity of the penitent, absolution should generally be delayed; but it may be granted conditionally for a serious reason (e.g., if the penitent is in a state of sin and cannot return to confession for a long time), and it should be granted conditionally for a very serious reason (e.g., if the penitent will probably not return, or if he is confessing in preparation for marriage).

2760. Penitents to Whom Absolution Should Be Denied.--There are three classes of penitents especially to whom absolution should be frequently denied on account of their lack of repentance:

(a) those who refuse to abandon a proximate and voluntary occasion of grave sin, for these are impenitent and unworthy of absolution. But absolution may be given those who promise to abandon a proximate and voluntary occasion, or to use the proper means of safety if they are in a proximate and necessary occasion of sin (see 263 sqq.);

(b) those who have contracted the habit of some grave sin, if they are unwilling to use the proper means to overcome it; but if they seriously promise to use means prescribed by the confessor, they should be considered as well disposed. A sin is habitual when it is committed often--that is, for an external sin about five times a month, and for an internal sin about five times a week-and when the sinner acts for the proper motive of the vice, e.g., in injustice for disorder, in intemperance for pleasure of the sense, in sins against charity out of hatred, etc. But consideration should be taken also of the character of the person (i.e., a weak-willed person is enslaved by habit more readily than a strong-willed person) and of the vice (i.e., an alluring sin like impurity becomes a habit more quickly than other sins);

(c) those backsliders or recidivists who have confessed the same grave sin in three or four previous confessions and have relapsed into it again without any improvement. These persons should be absolved if they are sincere now and give some special indication as proof of sincerity (e.g., some effort made to conquer their habit); otherwise (except in great necessity, when they may be given the benefit of the doubt and be granted conditional absolution) they should not be absolved but should be put off kindly for a short space, since there is no reason to believe that the present sorrow is any better than that of the past.

2761. The Sacramental Penance.--(a) Obligation.--The confessor is bound to impose a penance in order to provide for the integrity of the Sacrament and the good of the penitent. Exceptions to this rule are the cases when the penitent cannot perform any penance, as when he is at the point of death, and when the penitent after the imposition of a penance and absolution remembers new and necessary matter. It is at least a venial sin to delay the giving of a penance till after the absolution, and it is a grave sin to give no penance at all, unless (as some hold) only a light penance was due.

(b) Quantity.--The amount of the penance should be suited as a punishment to the degree of the penitent’s guilt, that is, a heavier penance should be given for necessary matter and a lighter penance for free matter. The penance should also take into consideration the moral malice and the frequency of the sins. Works that the Church may order under pain of serious sin suffice for necessary matter (such as a Mass, a fast, five decades of the Rosary, or the Litany of the Saints). Light penances are the _De Profundis_, the Litany of St. Joseph, five Paters and five Aves. For a sufficient reason (e.g., the sickness of the penitent, the probability that a grave penance will keep him from future confession, the fact that his sorrow is very great or that he has gained a plenary indulgence, the performance of satisfaction for him by the confessor himself) the quantity of a penance may be lessened. A grave penance may be lightened by joining it with some duty already owed (e.g., by requiring the penitent to say the Rosary while hearing Sunday Mass, by obliging him to hear Mass on Sunday and also to say a few prayers after the Mass).

(c) Quality.--The character of the penance should make it suitable as a remedy for the spiritual disease of the penitent; that is, as far as possible he should be required to perform works that tend to correct his chief failings. Thus, for those who are uncharitable or avaricious an alms or other work of mercy is a good penance; for those who are given to pleasures of sense, a fast or other corporal austerity; for those who are lax or irreligious, a prayer, a visit to the Blessed Sacrament, a meditation, or frequentation of the Sacraments. Ordinarily it suffices to impose prayers as penances, since prayer is a universal remedy. Penances unsuitable to the penitent (e.g., fasts for one who needs nourishment on account of labors), those that are too difficult (e.g., perpetual or long-continued practices), those that are harmful (e.g., penances that will bring the penitent into suspicion or ridicule), must be avoided.

2762. The Duties of the Confessor as Spiritual Physician.--(a) General Remedies.--The confessor should give much attention to the study of moral and ascetical works, so as to be able to suggest suitable means to his penitents for overcoming their spiritual infirmities and avoiding future relapses. Thus, if a penitent desires to know or ought to be told how to struggle against anger, drunkenness or impurity, the confessor should know how to advise him and what measures to recommend to him.

(b) Special Remedies.--Certain classes of penitents need special attention. Thus, the tempted and afflicted should be told the means of fighting temptation and sadness; the scrupulous should be forbidden to examine their consciences too carefully, or to accuse themselves minutely, or to spend too much time at devotions; the sick and the dying should be encouraged to dispose themselves well and to put aside thoughts of fear and discouragement; pious persons often need assistance when they suffer temptations to tepidity or spiritual desolation. The careless, lazy, malicious, and hardened should be reproved, but sternness should not be unmingled with kindness, lest the penitent be driven away from his duty altogether.

2763. The Duties of the Confessor as Teacher and Guide.--(a) Instruction.--The confessor should teach children and other ignorant persons if he finds that they do not know truths necessary to be known for a fruitful reception of the Sacrament--that is, the mysteries of faith that must be believed explicitly and the dispositions for receiving absolution (924). He should instruct about duties when this will be for the penitent’s good--that is, when the penitent falsely believes something to be sinful which is not sinful, or to be gravely sinful that is only lightly sinful, or when the penitent’s ignorance of an obligation is gravely culpable, or when he is invincibly ignorant but will be kept from a sin without graver evil if he is instructed now. If an instruction will probably do no good, a confessor should not instruct an invincibly ignorant penitent about his duties, unless silence will be productive of greater evils than instruction. Thus, if the confessor foresees that the penitent will only be put in bad faith if he is told about a duty of restitution, it would be useless and wrong to speak to him about it; but if he should foresee that, if he does not speak, the penitent will do worse things with great injury or scandal to others, it would be necessary to instruct him.

(b) Direction.--In spiritual matters a confessor should be willing and able to counsel and advise, for example, about the choice of a state of life (marriage, clerical state, religious life), about voluntary rules or practices (vows, austerities), and about the performance of duties (e.g., training of children). For advice on temporal matters a priest should either direct his penitents to lawyers, physicians or other professional advisers, or, if he can give prudent direction himself (e.g., on artistic, educational, or business questions), he should preferably discuss the matter elsewhere than in the confessional.

2764. The Duties of the Confessor After Confession.--(a) _Per se_, or by reason of his office itself, the confessor is held to guard inviolate the secret of the confessional--that is, he may not disclose, or use to the penitent’s disadvantage, any information received from sacramental confession. This duty is a grave one imposed by natural law (since there is a quasi-contract that the confessor will treat the penitent’s confession as confidential), by divine law (since Christ, in willing that confession be used, implicitly willed that it be so conducted as not to become a thing odious, scandalous and harmful), and by church law (for Canons 889, 890, 1757, 2369 strictly forbid revelations or use of sacramental knowledge and decree severe penalties against transgressors). Since God wipes out from remembrance the sins He has pardoned, the confessor, being God’s representative, must treat what he has heard as not known to him. The obligation of the seal is so strict that no one may dispense from it, that neither Probabilism nor epieikeia may be applied to it, and that no exception is allowed unless the penitent himself freely, unmistakably and for a serious reason gives permission for it to the confessor.

(b) _Per accidens_, or by reason of a mistake committed by him (e.g., absolution mistakenly refused or invalidly given, erroneous notion about the gravity of a sin imparted or not corrected, restitution imposed where not due or not imposed where due), a confessor is held to see that the mistake is corrected and that the penitent or a third party is spared or rescued from the harm which will follow from the mistake. The obligation is one of justice in those cases where there is a violation of implicit agreement (e.g., absolution unreasonably withheld), or damage positively and culpably caused (e.g., erroneous advice about the gravity of a sin or about the duty of restitution); it is one of charity in other cases where the confessor can without undue inconvenience assist the spiritual or temporal need of the penitent or of another (e.g., penitent’s misunderstanding about his duty of restitution which the confessor failed to clear up). The duty of repairing mistakes is grave when there is grave damage (e.g., invalid absolution of mortal sins) and grave guilt was contracted by the mistake (e.g., if the invalidity was voluntary) or will be contracted by refusal to prevent the consequences of the mistake (e.g., if the invalidity has been discovered, and one knows that the penitent will die unabsolved, if one does not rectify the error). The duty is light if there is light damage (e.g., invalid absolution of free matter, or of necessary matter confessed by a person who will go to the Sacraments soon again), or light culpability (e.g., failure to question about the species or number of sins, or to impose a penance, when the failure is due to distraction or forgetfulness).

2765. Manner of Repairing Defects Made in Hearing a Confession.--(a) The Reparation to be Made.--If the penitent has been deprived of absolution, he should be absolved; if he has been wrongly instructed, he should be set right; if temporal loss has been caused, temporal restitution should be made.

(b) The Person to Whom Restitution Should Be Made.--The injured person should be compensated. Hence if restitution was mistakenly imposed on the penitent and he cannot recover his property, the confessor should reimburse him; if the penitent was mistakenly excused from restitution, payment is due the third party who loses by the advice.

(e) The Manner of Making Reparation.--If possible, the reparation should be made in the penitent’s next confession, as this is less troublesome to all concerned. But if the confessor has wrongly instructed the penitent in an important matter, he is bound more probably (after obtaining the penitent’s permission to speak about confession matter) to retract, even outside of the confessional, if this can be done without scandal or other serious evil, which would be rare.

2766. Excuses from the Duty of Repairing Mistakes.--(a) Physical Impossibility.--If the confessor does not know who the penitent is or cannot find him, there is nothing to do but to repent over the mistake and to pray for the penitent that God may provide for him.

(b) Moral Impossibility.--Grave inconvenience excuses, unless the confessor has been seriously at fault against justice (e.g., by omitting absolution, by giving incorrect instruction in an important matter, by neglecting to warn against an occasion of serious sin, by wrongly advising on restitution of a large sum), or the salvation of a soul is at stake, as when an unabsolved penitent is dying (see 1797 sqq.)

2767. The Obligation of the Seal of Confession.--(a) Its Subject.--Primarily the duty of the seal obliges the confessor, secondarily all others to whom the matter of sacramental confession in any way becomes known, such as bystanders, interpreters, or those who have spied into a confession. The penitent on his part is bound to keep as a natural secret the words of the confessor which the latter would rightly wish to be kept confidential (e.g., it would not be fair to excuse oneself in making necessary corrections, by saying that one was acting under advice of one’s confessor, especially since the confessor cannot defend himself).

(b) Its Object.--Primarily, the seal extends to all sins confessed, whether they be light or grave, private or public; and a confessor may not confirm from his knowledge as confessor what he also knows from other knowledge. Secondarily, it extends to all that is declared for a fuller explanation of the sins, such as circumstances, purpose, occasion, cooperation, and to all those things whose revelation would endanger the seal or make the Sacrament odious, such as the denial of absolution, the penance given, the insincerity, impatience or scrupulosity shown in confessing, the fact that a confession was long or a general review. Other matters not generally known and which the penitent reasonably wishes to be confidential (e.g., the fact that he made his confession, his natural defects of illegitimacy or deafness) should be kept as natural secrets. But there is no duty of sacramental or natural silence about matters which the confessor knows from other sources and which he is free to mention (e.g., facts learned from a non-sacramental confession made to the priest and others with a view to its use, or from the confessor’s own perception of a theft committed by the penitent in the act of confession).

2768. Sins against the Seal of Confession.--(a) Direct violation happens if a confessor declares, either to the penitent himself or to another, matter protected by the seal, and with such clearness that both the penitent and his sin can be recognized. This occurs even though no names are mentioned, or the penitent is unknown to the listeners, or is no longer living, or when the listeners do not perceive that sacramental knowledge is being used. The sin is grave, and, since the injury to religion and the public is always serious, it admits of no lightness of matter. The penalty is excommunication most specially reserved to the Pope (Canon 2369).

(b) Indirect violation happens if a confessor so speaks or acts as to create a danger of direct violation (e.g., if he speaks so loud in the confessional that those outside can hear, or if he is suspiciously silent when the penitent is being commended, or if he warns the parents of a penitent to be specially watchful of him, or if he refuses to hear a confession because he knows from a previous confession that the person is very scrupulous, or if he shows less confidence or regard for the penitent). The sin admits of lightness of matter, since the danger of direct violation may be remote; but if there is grave culpability, suspension or even severer penalties may be inflicted (Canons 2369, 2368).

(c) Unlawful use of sacramental knowledge happens if there is no direct or indirect violation of the seal, but the confessor’s conduct is such as to make confession distasteful either to the penitent or to others, as when a superior is guided in giving his vote or directing his subject by information gathered from confession. This is forbidden in Canon 890.

(d) Apparent violation of the seal happens if there is really no direct or indirect violation of the seal, or unlawful use of confessional knowledge, but a priest’s language is calculated to arouse a reasonable suspicion that some such sin is being committed (e.g., if a preacher or retreat master or writer of moral cases uses illustrations from confessions heard by him which will excite distrust in his own or other penitents). Serious scandal and defamation may also be caused by public statements unfavorable to the morals of a certain city or community or class.

2769. Special Abuses.--Two abuses to which confession is especially exposed are defamation and impurity, and hence the law of the Church provides special safeguards against these dangers (see 2753, 2757, 2759).

(a) Defamation.--The fame of third parties is protected by the law which forbids the confessor to inquire about the penitent’s accomplice, the fame of the penitent by the law of the sacramental seal, and the fame of the confessor by the law which subjects those who bring a false accusation of solicitation against a confessor to excommunication specially reserved to the Pope, to retractation, reparation, and severe penance (Canons 888, n. 2, 889 sqq., 2363).

(b) Impurity.--The danger that a confessor will be tempted to solicitation by his knowledge of the frailty of a penitent is provided for by the law which severely commands formal denunciation of those guilty of solicitation (Canon 904); the danger that a penitent may be induced to yield to solicitation by a promise to absolve the sin is met by the law which invalidates absolution of an accomplice (Canon 884).

2770. Absolutio Complicis.--Absolutio complicis in peccato turpi invalida est praeterquam in mortis periculo (Canon 884).

(a) Objectum legis est peccatum turpe, i.e., quodvis peccatum contra sextum, consummatum vel non consummatum, colloquiis, aspectibus vel factis patratum. Necesse est autem quod peccatum sit utrinque certum (quoad factum et jus), externum, et grave (qua internum et qua externum). Unde non agitur de peccatis contra alias virtutes, neque de peccatis luxuriae mere internis vel levibus.

(b) Subjectum de quo in lege est complex seu socius immediatus et formalis in ipso actu peccati; et sic non sufficit ad complicitatem cooperatio etiam proxima (1507), nec peccatum mere materiale, quale fit ab amente, dormiente, ebrio, infante, renitente. Non requiritur tamen quod compar sit puber vel alius sexus, neque quod confessarius tempore complicitatis jam inter clericos adscriptus sit.

2771. Effectus Legis de Absolutione Complicis.--(a) Quoad Absalutionem.--Invalida et illicita est absolutio directa peccati nondum remissi si extra periculum mortis datur. Est valida sed illicita: absolutio directa peccati nondum remissi, in periculo mortis data, quando alius sacerdos confessionem recipere potest; necnon absolutio indirecta peccati nondum remissi, extra periculum mortis data, quando poenitens bona fide peccatum reticet. Est valida et licita absolutio directa peccati nondum remissi, in periculo mortis vel in gravissima necessitate (utputa urgente praecepto ecclesiastico et divino confessionis et communionis annuae) data, quando alius sacerdos aut nullimode aut nonnisi cum gravi incommodo (scil. infamiae, scandali, periculi confessionis sacrilegae) haberi potest; necnon absolutio directa peccati jam remissi, etiam extra hoc periculum et hanc necessitatem facta. Non una tamen est sententia auctorum in interpretandis dubiis hujus legis, nec omnes conveniunt cum placitis hic positis, nam de dubiis alii strictius, alii mitius judicant.

(b) Quoad Censuram.--Excommunicatio specialissime reservata S. Sedi ipso facto incurritur a confessario qui illicite absolvit vel fingit absolvere, sive directe, sive (quando poenitens ad tacendum inductus est a confessario ipso) indirecte. Censura non incurritur igitur si confessio tantum auditur, si poenitens propria sponte peccatum reticet, si sacerdos dubitat num poenitens complex sit (Canon 2367).

2772. Sacerdos reus delicti sollicitationis in confessione intra mensem denuntiandus est a poenitente loci Ordinario vel S.C.S. Officii (Canon 904).

(a) Delictum sollicitationis est provocatio, etiam inefficax, poenitentis eujuscumque ut actum quemcumque gravem contra castitatem committat. Provocatio fit vel per verba (e.g., declarationes amoris, invitationes, laudes), per facta (e.g., dona), per sermones (e.g., colloquia de turpibus a poenitente confessis), per tractatus (scil. colloquia de re turpi agenda), per consensum internum-externum sollicitationi poenitentis datum.

(b) Delictum sollicitationis est provocatio quae ordinem habet ad confessionem, i.e., quae fit tempore factae confessionis (i.e., inter, immediate ante, immediate post confessionem), vel tempore confessionis faciendae (i.e., occasione confessionis petitae a poenitente, praetextu confessionis falso allegatae a confessario, in loco confessionis cum confessionis simulatione).

2773. Confessarius debet, graviter onerata ejus conscientia, de onere denuntiationis poenitentem monere.

(a) Obligatio confessarii gravis est. Sed antequam moneat, serio consideret utrum poenitens persona fide digna sit, utrum certo constet de facto, de turpitudine, de gravitate, de ordine ad confessionem, utrum detur causa excusans (e.g., mors sollicitantis; probabiliter, ejus plena emendatio per plures annos manifestata; grave damnum poenitentis quoad vitam, famam, fortunam, nisi gravius damnum simul immineat bono communi). Si de delicto sollicitationis et de obligatione poenitentis nullum dubium est, confessarius moneat, etiamsi poenitens in bona fide sit et praevideatur certo non obtemperaturus, mortis periculo autem excepto. Si poenitens irrationabiliter renuat denuntiare, absolvi non potest, sed confessarius de casu consulere debet Ordinarium.

(b) Obligatio poenitentis etiam gravis est. Denuntiatio facienda est intra mensem a cognita obligatione., Ordinario sollicitantis, vel loci delicti, vel poenitentis, personaliter et judicialiter. Poenitens qui nec comparere nec scribere potest, interea excusatur; sed ille qui justa causa exemptionis carens scienter omittit denuntiare intra terminum unius mensis incurrit in excommunicationem latae sententiae nemini reservatum, non absolvendus nisi postquam obligationi satisfecerit aut se satisfacturum serio promiserit (Canon 2368, n. 2). Confessarius non tenetur in se suscipere onus denuntiationis, nisi secus gravissimum damnum bono publico inferretur.

2774. The Sacrament of Extreme Unction.--As Confirmation perfects Baptism by bringing to maturity the new life of grace, so Extreme Unction perfects Penance by strengthening against the spiritual debility that remains after sin itself has been wiped away. Confirmation makes ready for the battle of life, Extreme Unction assists during the struggle of death. The fifth Sacrament is defined: “A Sacrament of the New Law in which through the anointing with oil and the prayer of the priest adult persons who are in danger of death receive health of soul, and also at times health of body.”

(a) The remote matter or element of the Sacrament is oil (James, v, 14, 15). For validity it is required that this be olive oil, blessed by a bishop or by a priest having special papal delegation, with the special blessing for the oil of the sick (O. I.); for lawfulness, _sub gravi_ that it be oil blessed the previous Holy Thursday (Canon 734), _sub levi_ at least that it be blessed by the bishop of the diocese, or, in case of vacancy, by the neighboring bishop. In necessity the old oils may be lawfully used, while chrism and the oil of the catechumens may be used as doubtful matter. Unblessed oils and oils blessed by an unauthorized priest do not suffice for validity.

(b) The proximate matter is the anointing of the sick man with blessed oil. In urgent necessity it suffices to anoint one sense, or rather the forehead; in other cases the various senses should be anointed in the order given in the Ritual. Each anointing of a double sense should begin with the right organ (e.g., the right eye) and should be given with the right thumb in the form of a cross. If one organ is missing (e.g., a hand amputated), the anointing should be made, if possible, near to its place (e.g., on the wrist); if there is danger of contagion, the anointing may be made by means of an instrument, such as a brush or small stick. The anointing of the reins should always be omitted and the anointing of the feet may be omitted for any good reason, such as inconvenience to the dying person.

(c) The form of the Sacrament is the prayer used by the priest. In the Latin Church the ordinary form is contained in the words: “_Per istam sanctam unctionem_, etc. By this holy anointing and His most tender mercy may the Lord forgive thee whatever sin thou hast committed by sight (by hearing, by smell, by taste and speech, by touch, by thy steps). Amen.” The extraordinary rite for use when there is not time to give all the anointings is bestowed on the forehead in the words: “Per istam sanctam unctionem et suam piissimam misericordiam indulgeat tibi Dominus quidquid deliquisti. Amen.” The essential words of the form are: “Per istam unctionem indulgeat tibi Dominus quidquid deliquisti,” because they express the intercession and the effect of the rite. It would probably be a grave sin to omit the reference to the senses in the ordinary form, as that seems to be a notable part of the form; but it would be a light sin, apart from contempt or scandal, to omit an unimportant word such as “Amen.” If there is doubt about the recipient’s capacity (i.e., whether he has reached the use of reason, whether he is in danger of death, whether he is already dead, whether he is impenitent and unwilling to receive the Sacrament), the form should be conditional. The condition should be “_si es capax_,” not “_si es dispositus_,” even in the last-mentioned case. For the Sacrament is given validly even to one who is not well disposed (i.e., who lacks repentance) and there is thus the possibility, when validity is not made dependent on the condition of good disposition, that sacramental fruitfulness will follow later when impenitence, the obstacle to the Sacrament’s activity, shall have been removed.