Of the Minister of Confession

Of the Minister of Confession — St. Thomas Aquinas asks: Whether it is necessary to confess to a priest?; Whether it is ever lawful to confess to another than a priest?; Whether, outside a case of necessity, anyone who is not a priest may hear the confession of venial sins?; Whether it is necessary for one to confess to one's own priest?; Whether it is lawful for anyone to confess to another than his own priest, in virtue of a privilege or a command given by a superior?; Whether a penitent, at the point of death, can be absolved by any priest?; Whether the temporal punishment is imposed according to the degree of the fault?.

We must now consider the minister of confession, under which head there are seven points of inquiry:

Article 1: Whether it is necessary to confess to a priest?

The absolution of the penitent, for the sake of which he makes his confession, is imparted by none but priests to whom the keys are intrusted. Therefore confession should be made to a priest.

Further, confession is foreshadowed in the raising of the dead Lazarus to life. Now our Lord commanded none but the disciples to loose Lazarus (Jn. 11:44). Therefore confession should be made to a priest.

The grace which is given in the sacraments, descends from the Head to the members. Wherefore he alone who exercises a ministry over Christ's true body is a minister of the sacraments, wherein grace is given; and this belongs to a priest alone, who can consecrate the Eucharist. Therefore, since grace is given in the sacrament of Penance, none but a priest is the minister of the sacrament: and consequently sacramental confession which should be made to a minister of the Church, should be made to none but a priest.

Article 2: Whether it is ever lawful to confess to another than a priest?

is the authority of the text (Sent. iv, D, 17).

Just as Baptism is a necessary sacrament, so is Penance. And Baptism, through being a necessary sacrament has a twofold minister: one whose duty it is to baptize, in virtue of his office, viz. the priest, and another, to whom the conferring of Baptism is committed, in a case of necessity. In like manner the minister of Penance, to whom, in virtue of his office, confession should be made, is a priest; but in a case of necessity even a layman may take the place of a priest, and hear a person's confession.

Article 3: Whether, outside a case of necessity, anyone who is not a priest may hear the confession of venial sins?

is the authority of Bede (on James 5:16, "Confess . . . one to another") quoted in the text (Sent. iv, D, 17).

By venial sin man is separated neither from God nor from the sacraments of the Church: wherefore he does not need to receive any further grace for the forgiveness of such a sin, nor does he need to be reconciled to the Church. Consequently a man does not need to confess his venial sins to a priest. And since confession made to a layman is a sacramental, although it is not a perfect sacrament, and since it proceeds from charity, it has a natural aptitude to remit sins, just as the beating of one's breast, or the sprinkling of holy water (cf. ).

This suffices for the Reply to the First Objection, because there is no need to receive a sacrament for the forgiveness of venial sins. and a sacramental, such as holy water or the like, suffices for the purpose.

Article 4: Whether it is necessary for one to confess to one's own priest?

stands a decree of Pope Innocent III in the Fourth Lateran Council (Can. 21), who appointed "all of either sex to confess once a year to their own priest."

Further, as a bishop is to his diocese, so is a priest to his parish. Now it is unlawful, according to canon law (Can. Nullus primas ix[4845], ; Can. Si quis episcoporum xvi[4846], ), for a bishop to exercise the episcopal office in another diocese. Therefore it is not lawful for one priest to hear the confession of another's parishioner.

The other sacraments do not consist in an action of the recipient, but only in his receiving something, as is evident with regard to Baptism and so forth. though the action of the recipient is required as removing an obstacle, i.e. insincerity, in order that he may receive the benefit of the sacrament, if he has come to the use of his free-will. On the other hand, the action of the man who approaches the sacrament of Penance is essential to the sacrament, since contrition, confession, and satisfaction, which are acts of the penitent, are parts of Penance. Now our actions, since they have their origin in us, cannot be dispensed by others, except through their command. Hence whoever is appointed a dispenser of this sacrament, must be such as to be able to command something to be done. Now a man is not competent to command another unless he have jurisdiction over him. Consequently it is essential to this sacrament, not only for the minister to be in orders, as in the case of the other sacraments, but also for him to have jurisdiction: wherefore he that has no jurisdiction cannot administer this sacrament any more than one who is not a priest. Therefore confession should be made not only to a priest, but to one's own priest; for since a priest does not absolve a man except by binding him to do something, he alone can absolve, who, by his command, can bind the penitent to do something.

Article 5: Whether it is lawful for anyone to confess to another than his own priest, in virtue of a privilege or a command given by a superior?

He that can perform the actions of an order can depute the exercise thereof to anyone who has the same order. Now a superior, such as a bishop, can hear the confession of anyone belonging to a priest's parish, for sometimes he reserves certain cases to himself, since he is the chief rector. Therefore he can also depute another priest to hear that man.

Further, a superior can do whatever his subject can do. But the priest himself can give his parishioner permission to confess to another. Much more, therefore, can his superior do this.

Further, the power which a priest has among his people, comes to him from the bishop. Now it is through that power that he can hear confessions. Therefore, in like manner, another can do so, to whom the bishop gives the same power.

A priest may be hindered in two ways from hearing a man's confession: first, through lack of jurisdiction; secondly, through being prevented from exercising his order, as those who are excommunicate, degraded, and so forth. Now whoever has jurisdiction, can depute to another whatever comes under his jurisdiction; so that if a priest is hindered from hearing a man's confession through want of jurisdiction, anyone who has immediate jurisdiction over that man, priest, bishop, or Pope, can depute that priest to hear his confession and absolve him. If, on the other hand, the priest cannot hear the confession, on account of an impediment to the exercise of his order, anyone who has the power to remove that impediment can permit him to hear confessions.

Article 6: Whether a penitent, at the point of death, can be absolved by any priest?

Spiritual necessity is greater than bodily necessity. But it is lawful in a case of extreme necessity, for a man to make use of another's property, even against the owner's will, in order to supply a bodily need. Therefore in danger of death, a man may be absolved by another than his own priest, in order to supply his spiritual need.

Further, the authorities quoted in the text prove the same (Sent. iv, D, 20, Cap. Non Habet).

If we consider the power of the keys, every priest has power over all men equally and over all sins: and it is due to the fact that by the ordination of the Church, he has a limited jurisdiction or none at all, that he cannot absolve all men from all sins. But since "necessity knows no law" [*Cap. Consilium, De observ. jejun.; De reg. jur. (v, Decretal)] in cases of necessity the ordination of the Church does not hinder him from being able to absolve, since he has the keys sacramentally: and the penitent will receive as much benefit from the absolution of this other priest as if he had been absolved by his own. Moreover a man can then be absolved by any priest not only from his sins, but also from excommunication, by whomsoever pronounced, because such absolution is also a matter of that jurisdiction which by the ordination of the Church is con. fined within certain limits.

Article 7: Whether the temporal punishment is imposed according to the degree of the fault?

It is written (Is. 27:8): "In measure against measure, when it shall be cast off, thou shalt judge it." Therefore the quantity of punishment adjudicated for sin answers the degree of fault.

Further, man is reduced to the equality of justice by the punishment inflicted on him. But this would not be so if the quantity of the fault and of the punishment did not mutually correspond. Therefore one answers to the other.

After the forgiveness of sin, a punishment is required for two reasons, viz. to pay the debt, and to afford a remedy. Hence the punishment may be imposed in consideration of two things. First, in consideration of the debt, and in this way the quantity of the punishment corresponds radically to the quantity of the fault, before anything of the latter is forgiven: yet the more there is remitted by the first of those things which are of a nature to remit punishment, the less there remains to be remitted or paid by the other, because the more contrition remits of the punishment, the less there remains to be remitted by confession. Secondly, in consideration of the remedy, either as regards the one who sinned, or as regards others: and thus sometimes a greater punishment is enjoined for a lesser sin; either because one man's sin is more difficult to resist than another's (thus a heavier punishment is imposed on a young man for fornication, than on an old man, though the former's sin be less grievous), or because one man's sin; for instance, a priest's, is more dangerous to others, than another's sin, or because the people are more prone to that particular sin, so that it is necessary by the punishment of the one man to deter others. Consequently, in the tribunal of Penance, the punishment has to be imposed with due regard to both these things: and so a greater punishment is not always imposed for a greater sin. on the other hand, the punishment of Purgatory is only for the payment of the debt, because there is no longer any possibility of sinning, so that this punishment is meted only according to the measure of sin, with due consideration however for the degree of contrition, and for confession and absolution, since all these lessen the punishment somewhat: wherefore the priest in enjoining satisfaction should bear them in mind.