The Sacrament of Reconciliation - An Anthropological and - Robert L Fastiggi
The Sacrament of Reconciliation - An Anthropological and - Robert L Fastiggi
RECONCILIATION
AN ANTHROPOLOGICAL AND
SCRIPTURAL UNDERSTANDING
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THE SACRAMENT OF
RECONCILIATION
AN ANTHROPOLOGICAL AND
SCRIPTURAL UNDERSTANDING
Robert L. Fastiggi
Hillenbrand Books°®
The Nihil Obstat and Imprimatur are declarations that the material is free
from doctrinal or moral error, and thus is granted permission to publish in
accordance with c. 827. No legal responsibility is assumed by the grant of
this permission. No implication is contained herein that those who have
granted the Nihil Obstat and Imprimatur agree with the content, opinions,
or statements expressed.
DAZ
O ST Sala reels esd ey
ISBN: 978-1-59525-043-8
HSR
‘This book is dedicated first to Pope Francis in gratitude
for the 2015-2016 Extraordinary Jubilee of Mercy.
It is dedicated secondly to all priests who have faithfully served
as ministers of Christ’s mercy in the Sacrament of Reconciliation.
Finally, it is dedicated to Mary, Mater Ecclesiae and
Mater Misericordiae.
Contents
Preface vit
Abbreviations ix
Introduction <xit
Index 153
Preface
The Catechism ofthe Catholic Church tells us that “there is not a single
aspect of the Christian message that is not in part an answer to the
question of evil” (CCC, 309). Sin is another name for the moral evil of
human failure and iniquity. The “good news” is that sin has been
overcome by the Passion, Death, and Resurrection of the Incarnate
Word, Jesus Christ. Yet sin still persists in the world, even in the lives
of the faithful. The Sacrament of Penance and Reconciliation is a great
gift to the Church. It is a privileged means for experiencing the mercy
of God. ‘This sacrament enables us to undergo purification and detach-
ment from sin, which is necessary for authentic growth in holiness.
It has been a blessing to write this book during the 2015-2016
Extraordinary Jubilee of Mercy proclaimed by Pope Francis. I will
forever remain grateful for the graces received during this Jubilee Year.
Writing this book has deepened my appreciation of how the
Sacrament of Reconciliation enables us “to touch the grandeur of
God’s mercy” and experience “true interior peace” (MV, 17).
I wish to thank all those who have assisted me in writing
this volume. In a special way, I wish to thank Kevin Thornton, the
editor and founder of Hillenbrand Books, for inviting me to write
this work and for his extraordinary counsel, kindness, and patience in
the process. I am also grateful to each of the following: Claire
Gilligan for her careful copyediting; Anna Manhart, for her beautiful
cover design; Juan Alberto Castillo, for his layout of the pages;
Christian Rocha and Michael A. Dodd for their proofreading the
final pass; Fr. Christiaan Kappes, s.p>—academic dean of SS. Cyril
and Methodius Byzantine Catholic Seminary, Pittsburgh, PA—for
insights about Penance in the Byzantine Rite; Msgr. Francis Marini,
JD, Jcop— juridical vicar of the Eparchy of St. Maron, Brooklyn,
NY—for information about Confession in the Maronite Rite; and my
colleague Dr. Edward Peters, jp, Jcp for reviewing some canonical
aspects of this book.
Ultimately, I wish to thank Jesus Christ, for instituting the
Sacrament of Reconciliation, and for offering his mercy and
Vili Preface
Let us not forget this word [mercy]: God never ever tires offorgiving
us! . . . The problem is we do not want to ask; we grow weary of.asking for
forgiveness. He never tires offorgiving, but at times we get tired ofasking
for forgiveness.
(Pope Francis, Angelus Address, March 17, 2013)
Pope Francis has made mercy one of the hallmarks of his pontificate.
In his homily of March 13, 2015, during a Lenten penitential service,
he announced an Extraordinary Jubilee of Mercy, which would begin
on December 8, 2015, the Solemnity of the Immaculate Conception,
and end on November 20, 2016, the Solemnity of Christ the King.
Pope Francis placed the Sacrament of Reconciliation at the center of
the year of mercy. In Misericordiae vultus, the bull of indiction of the
extraordinary jubilee of mercy, he asks that we “place the Sacrament of
Reconciliation at the center once more in such a way that it will enable
people to touch the grandeur of God’s mercy with their own hands. For
every penitent, it will be a source of peace.”! For Pope Francis, “mercy is
the very foundation of the Church’s life,” and “nothing in her preaching
and her witness to the world can be lacking in mercy” (MV, 10). The
Sacrament of Reconciliation is one of the most important and profound
incarnations of mercy in the life of the Church.
In the Second Vatican Council’s dogmatic constitution Lumen
gentium, we are told that “the Church, embracing in her bosom sinners,
at the same time holy and always in need of being purified, always
follows the way of penance and renewal” (LG, 8). The life of penance
and renewal is at the heart of the universal call to holiness expressed
so eloquently at the Second Vatican Council (cf. LG, 39-42). The
spiritual tradition of the Catholic Church, going back to patristic
times, has always understood the mystical path as one of purgation,
illumination, and union. The way of purgation, the via purgativa,
Xii
INTRODUCTION Xili
is necessary for detaching us from sin. But this path is never separated
from Christ, who came “to expiate the sins of the people” (Heb 2:17).
This book is about the Sacrament of Penance (paenitentia),
which is the traditional word used for the sacrament, not only at the
Councils of Florence and Trent but also at Vatican II (cf. LG, 11).
This sacrament—which the Catechism of the Catholic Church (CCC)
also calls the sacrament of conversion, confession, forgiveness, and
reconciliation (cf. CCC, 1423-1442)—is a necessary means for
pursuing the spiritual path of purgation. Although the Sacrament of
Baptism imparts the life of grace and erases original sin, the material
effects of original sin—such as weakness and the inclination to
sin—remain. Therefore, in the present life, we are summoned “to
spiritual battle” (CCC, 405).
The call to holiness involves the recognition of our sinfulness
and need for forgiveness. The Sacrament of Penance, recognized in
Church tradition as “the second plank [of salvation] after the ship-
wreck of lost grace,” is a great gift of God’s mercy and love. ‘This
book will situate the Sacrament of Penance in the larger context of the
biblical revelation and Catholic dogmatic theology. In a special way,
it seeks to understand the sacrament in the context of spirituality,
what has sometimes been called ascetical and mystical theology.
Chapter 1 explores the key terms and concepts of the
Sacrament of Penance. Because the sacrament is directed toward the
forgiveness of sin, the meaning of sin, both original and personal, will
be central to the presentation. We will also examine other important
terms, such as contrition, repentance, asceticism, and purification.
Chapter 2 investigates the anthropological foundations of the
Sacrament of Penance. The human person, from a metaphysical
perspective, is finite and incomplete. From a social perspective,
human beings live in community with other human beings, and there
arise inevitable conflicts, injuries, and damaged relationships. ‘Thus,
the Sacrament of Penance reflects a human need for reconciliation
and forgiveness. This human need is also manifested in the various
nonbiblical religions of the world: primitive and ancient; the living
religions of India; as well as Islam. An exploration into patterns of sin
and purification in various world religions will help us understand
1. Heinrich Denzinger and Peter Hiinermann, eds., Compendium of Creeds, Definitions, and
Declarations on Matters ofFaith and Morals, 43rd ed. (San Francisco: Ignatius Press, 2012), 860
[henceforth D-H].
2. Ibid., 1323.
3. Ibid., 1667-1693, 1701-1715.
4. Ibid., 308.
5. Ibid., 761.
6. See Codex Iuris Canonici (1983) [CIC] cc. 959-997 and Codex Canones Ecclesiarum
Orientalium (1990) [CCEO] cc. 718-736. Unless otherwise specified, the Code of Canon Law
refers to the 1983 CIC throughout this book.
The Sacrament ofReconciliation
7. D-H, 1668.
8. Ibid.
9. Ibid.
10. Some of these terms will be examined again in light of scriptural terminology in
chapters
3 and 4.
Sin, Sorrow, Forciveness, ASCETICISM, AND PuRIFICATION
11. Some of this material on sin is adapted from my book, What the Church Teaches about Sex:
God's Plan for Human Happiness (Huntington, IN: Our Sunday Visitor, 2009), 57-59.
12. For the third definition, cf. Augustine, Contra Faustum 22, in PL 42, 418; ST I-I, 71, 6.
13. CCC, 1850.
14. See also William E. May,An Introduction to Moral Theology, 2nd ed. ee IN:
Our Sunday Visitor, 2003), 186.
15. Cf. May, An Introduction to Moral Theology, 186-187.
16. Here the reference is to the “sin” of the world, but in the Agnus Dei of the Mass, Jesus is
invoked as the “Lamb of God who takes away the sins (peccata) of the world.” The “sin of the
world” can be understood as original sin that Jesus takes away at Baptism. But it’s equally true
that he takes away personal sins as well.
The Sacrament ofReconctliation
and injustice (adikia, cf. Rev 22:11). Scripture not only recognizes
the reality of sin but it also teaches that certain sins can lead to
spiritual death and exclusion from God’s kingdom.
The Catholic Church distinguishes original sin from personal
sin. The fall of Adam and Eve resulted in a human nature “deprived
of original holiness and justice” (CCC, 404). This inherited depriva-
tion of holiness and grace has been variously described as a “stain”
on the soul or an inborn “guilt.” In reality, though, original sin “does
not have the quality of a personal fault in any of Adam’s descendants”
(CCC, 405). It is a sin “contracted” but not “committed” it is “a state
and not an act,” and in this sense it is only sin “in an analogical
sense” (CCC, 404).
Sin has left human nature in a weakened state subject to
ignorance, suffering, bodily death and the “inclination to evil that is
called ‘concupiscence” (CCC, 405). Concupiscence is not sin itself,
but the tendency to sin, especially with respect to self-assertion
(pride), lust and greed.” It has been spoken of as “the tinder or fuel
for sin,” but it can be overcome by the grace of Christ (CCC, 1264).?°
Personal sin, as opposed to original sin,” involves a freely
chosen “thought, word, deed or omission” (CCC, 1853) that is con-
trary to the law of God. As a personal act, sin engages the intellect
and the will,’ and the person must freely choose to transgress the
moral law. Sins are further distinguished as to whether they proceed
from ignorance (due to lack of knowledge); weakness (giving in to strong
passion or desire); or malice (emerging from an evil will or desire to
harm).”? Most sexual sins, for example, proceed from weakness rather
than malice, and in sins of passion, full and deliberate consent of the
will may more easily be lacking.”8
Sins engaged in freely and repetitively inevitably result in
“perverse inclinations, which cloud conscience and corrupt the con-
crete judgment of good and evil” (CCC, 1865). These perverse
inclinations to sin can also be called vices, which are habits that “have
arisen through the repetition of acts.””4 Following St. John Cassian
(c. 360-433) and St. Gregory the Great (c. 540-604), Church tradi-
tion has emphasized seven capital sins or vices; they are called “capi-
tal” because “they engender other sins, other vices” (CCC, 1866).
‘These seven sins or vices are pride, avarice, envy, wrath, lust, gluttony,
and sloth (or acedia).
Conversion refers to the change that takes place in those who have
repented, confessed their sins, and tuned back toward God. Adults
who convert to the Christian faith turn away from the sins of their
prior life. The Sacrament of Penance involves conversion from the sins
committed after Baptism. In chapter three we will examine the Old
Testament understanding of repentance, and in chapter four we will
consider the New Testament theology of metanoia, which is a Greek
word meaning change or conversion.
23. Cf. Sacred Congregation for the Doctrine of the Faith, Declaration on Certain Problems
of Sexual Ethics, Persona humana (December 29, 1975), no. 10, in Vatican Council II: More Post
Conciliar Documents, ed. Austin Flannery, op (Collegeville, MN: The Liturgical Press, 1982), 494.
24. Priimmer, Handbook ofMoral Theology, no. 171, p. 75.
25. John A. Hardon, sj, Modern Catholic Dictionary (Bardstown, KY: Eternal Life, 2011), 130.
26. D-H, 1676.
27. Ibid., 463.
The Sacrament ofReconciliation
Anthropological Foundations
1. See Timothy (Metropolitan Kallistos) Ware, The Orthodox Church, new ed. (London:
Penguin Books, 1993), 274-290.
IO
ANTHROPOLOGICAL FOUNDATIONS II
If original sin had never occurred, the human race would still have
required elevation to the state of final beatitude—a state removed
from the possibility of sinning. As we know from both experience
and revelation, however, the human race is fallen, and the tragic
effects of the fall are all too evident in the world around us. ‘The
fathers of the Second Vatican Council explained the fall into original
sin in vivid terms:
Although he was made by God in a state of holiness, from the very onset
of his history man abused his liberty, at the urging of the Evil One. Man
set himself against God and sought to attain his goal apart from God.
Although they knew God, they did not glorify him as God, but their
senseless minds were darkened and they served the creature rather than
the Creator (cf. Rom 1:21-25). What divine revelation makes known to
us agrees with experience. Examining his heart, man finds that he has
inclinations toward evil, too, and is engulfed by manifold ills which can-
not come from his good Creator. Often refusing to acknowledge God as
his beginning, man has disrupted also his proper relationship to his own
ultimate goal as well as his whole relationship toward himself and others
and all created things.
4. Heinrich Denzinger and Peter Hiinermann, eds., Compendium of Creeds, Definitions, and
Declarations on Matters ofFaith and Morals, 43rd. ed. (San Francisco: Ignatius Press, 2012), 1529,
1561 [hereafter D-H].
5. D-H, 1555.
14 The Sacrament ofReconciliation
4
Penance includes the need for reparation and reform. As the Catechism
ofthe Catholic Church points out,
Sin damages or even breaks fraternal communion. ‘The sacrament of
Penance repairs or restores it. In this sense it does not simply heal the one
restored to ecclesial communion, but has also a revitalizing effect on the
life of the Church which suffered from the sin of one of her members.
(CCC, 1469)
6. See Ninian Smart, The Religious Experience, 4th ed. (New York: Macmillian, 1999), 27-53.
Smart prefers to speak of “primal religious” rather than “primitive religions.”
7. Justin Martyr, Second Apology, 7 (8) PG 6 457A.
8. Ibid., ch. 13.
ANTHROPOLOGICAL FOUNDATIONS ss)
the Word” in its document of the jubilee year 2000, Dominus Iesus
(no. 21).
Within many primitive religions and ancient religions,
sacrifice often functions as a means of restoring the harmony caused
by transgressions. On a primordial level, there is the recognition that
sin, or human failure, affects not only the family and tribe but also the
cosmos. Within these ancient religions, various sacrifices, therefore,
are needed to restore the social and cosmic harmony lost by human
transgression. ‘This reality of sacrifice reflects an anthropological basis
for the dynamics of penance: when disorder is caused by transgression,
there is a need to do something to atone for the transgression and
reestablish the lost harmony. Although sacrifice in primitive cultures
was sometimes done to ward off evil spirits or placate gods, there was
an ethical dimension as well. As one scholar of religion notes:
Even very “primitive” people have ideas of higher beings that approve and
keep watch over moral behavior. Furthermore, not only in the high cul-
tures but in primitive religions as well, expiatory sacrifice is often accom-
panied by a confession of sins. A more highly developed form of the ideas
underlying expiatory sacrifice may be linked to the concept of representa-
tion or substitution, especially when the role of substitute is freely
accepted (self-sacrifice).°
9. Joseph Henninger, “Sacrifice” in The Encyclopedia ofReligion, ed. Mircea Eliade (New
York: Simon & Schuster Macmillan, 1995), 12:550.
10. Henninger, “Sacrifice,” 544.
11. Ibid., 549.
12. Ibid.
16 The Sacrament ofReconciliation
4
16. Ibid.
17. Ward J. Fellows, Religions East and West (New York: Holt, Rinehart and Winston, 1979),
125;
18. Later Buddhism, influenced by devotional Hinduism, developed the idea of the Buddha
as “the supreme being of the universe.” See Thomas Berry, The Religions ofIndia (New York: The
Bruce Publishing Company, 1971), 169.
19. Fellows, Religions East and West, 126.
20. Ibid., 109-110.
21. William K. Mahony, “Karman: Hindu and Jain Concepts” in The Encyclopedia ofReligion,
ed. Mircea Eliade (New York: Simon & Schuster Macmillan, 1987), 8:265.
18 The Sacrament ofReconciliation
IsLAMIC PERSPECTIVES
Islam certainly teaches that human beings are morally accountable
before God (Allah), the almighty creator, lawgiver, and judge.
Muslims believe in a final day of reckoning or judgment during which
human beings will be judged by their deeds. Although prayer, alms-
giving, and fasting are pillars of the Islamic faith, there are no sin
offerings or anything like the Sacrament of Penance. In this sense,
there is a similarity between Islam and Protestantism. There is no
human mediation of divine mercy and forgiveness in a sacramental
way. ‘The believer needs to appeal to God directly.
22. Whether these traditions should be called religions is a matter of controversy. Much
depends on how one defines religion.
23. Confucius did not deny the reality of life after death, but he did not focus his attention on
it. He did not deny the existence of spirits or gods, but they were not his concern. If Confucius
did believe in God, it was as Heaven (T”ien), understood more as a transcendent, ethical force or
order. See Fellows, Religions East and West, 217.
24. See Fellows, Religions East and West, 246-249,
ANTHROPOLOGICAL FouNDATIONS 19
25. John Sabini, Islam:APrimer (Washington, DC: Middle East Editorial Associates, 1988), 23.
Chapter 3
20
Op TESTAMENT FouNDATIONS 21
There are many teachings in the Old Testament about sin and forgive-
ness. With regard to the foreshadowing of the Sacrament of Penance,
five themes merit emphasis:
1. Sin leads to alienation from God.
2. There are various kinds of sins.
3. Sin requires repentance and conversion back to God.
4. There must be signs of repentance, both exterior and interior.
5. God forgives sins but temporal punishment brought about by sin
can still remain.
after the fall, “they only conceive evil in their hearts” (Gn 6:5). The
wicked cannot find refuge in God (Ps 5:5), and the arrogant cannot
stand before him (Ps 6:6). Because sin leads to alienation from God,
conversion requires the creation of a new heart (Jer 24:7; Ps 51:12),
a heart that knows God’s mercy, intimacy, and love.
As noted in chapter one, the Old Testament uses three main
Hebrew words for sin: Aatta’, which means, missing the mark; pesha’,
which means transgression or rebellion; and ‘awén, which means
iniquity or guilt (see Ps 51:3—-6).5 In some passages of the Bible, sin
involves an unwarranted violation of a divine prohibition—even if the
reasons for the prohibition do not seem clear. When the ark of God is
brought to Jerusalem on a cart drawn by oxen, Uzzah reaches out his
hand to steady the ark, which seems ready to tip. God, though, is angry
at Uzzah for touching the ark, and strikes him dead (2 Sm 6:6-7).
According to some, Uzzah’s forbidden touching of the ark was “a
violation of the domain of the numinous,”® and it reveals a “taboo-
consciousness” of sin present in some of the “older sections of the Old
Testament.”’ The dietary prohibitions related to unclean animals and
rules of ritual purity (Lv 11:1—15:33) might represent this taboo-
consciousness. Some scholars, however, believe that the dietary
prohibitions of Leviticus 11 concerned animals involved in “pagan
worship . . . sacrifice, magic, or superstitious practice.” ®
As the People of Israel grew in their understanding of God,
sin came to be understood as an offense against God and his sacred
law—and not simply a violation of a taboo.° This was especially the
case after the establishment of the covenant with God made on
Mount Sinai (Ex 19:1—24:11). The commandments given to the
Israelites on Mount Sinai include the Decalogue, the Ten
Commandments, as well as the other laws concerning domestic life,
5. See also William E. May, An Introduction to Moral Theology, 2nd ed. (Huntington, IN:
Our Sunday Visitor, 2003), 186.
6. The numinous is a word used to describe the realm of the transcendent that is frightening
and awe-inspiring. See Rudolf Otto, The Idea of the Holy, trans. John W. Harvey (Oxford: Oxford
University Press, 1958).
7. J. Lachowski, “Sin in the Bible,” New Catholic Encyclopedia, 2nd ed. (Detroit: Thomson
Gale, 2003), 13:142.
8. Roland J. Faley, ror, “Leviticus” in The New Jerome Biblical Commentary, ed. Raymond
Brown, ss, et al. (Englewood Cliffs, NJ: Prentice Hall, 1990), 4:25, p. 68.
9. Lachowski, “Sin in the Bible,” 142.
Oup TEesTAMENT FouNDATIONS 23
10. Ward J. Fellows, Religions East and West (New York: Holt, Rinehart and Winston: 1979),
313. The Torah refers to the Pentatech or first 5 books of the Bible.
11. See also Gal 3:21, where Paul makes it clear that the Old Law had no power to save.
Instead the Old Law “was our disciplinarian for Christ that we might be justified by faith” (Gal
3:25).
24 The Sacrament ofReconciliation
This passage shows that repentance requires a turning away from sin
and a turning back toward God. This process of conversion, however,
demands reliance on God’s grace. This is why it is an appeal, a prayer
to God to bring about a cleansing of the heart that restores the life of
the spirit and the joy of salvation. The interior dimension of repen-
tance and conversion is expressed by the language of the heart. This is
why the prophets speak of conversion as the creation of a new heart.
In Ezekiel 36:26, God says: “I will give you a new heart and place a
new spirit within you, taking from your bodies your stony hearts and
giving you natural hearts.” In Jeremiah 4:4, we read: “For the sake of
the Lord, be circumcised, remove the foreskins of your hearts.”
Nathan reveals that Lord has forgiven him and his life will be spared.
Nevertheless, because David “has utterly spurned the Lord by this
deed, the child to be born to you must surely die.” Here we see that
David’s sin has been forgiven but a temporal punishment—the death
of his child—remains.
The Old Testament provides a profound preparation for the
Gospel of Christ and the message of mercy toward sinners. In the Old
Covenant, the sense of sin, both personal and collective, is woven into
the very history of the People of Israel. But the message does not end
with sin. God’s mercy is greater than any sin and so is his forgiveness.
As Psalm 103 teaches: “Merciful and gracious is the Lord, slow to
anger, abounding in kindness. . . . As far as the heavens tower over the
earth, so God’s love towers over the faithful. As far as the east is from
the west, so far have our sins been removed from us” (103:8, 11-12).
Chapter 4
CALL TO REPENTANCE
The call to repentance is a major theme of the New Testament. ‘The
Gospel of Mark begins with John the Baptist proclaiming a “baptism
of repentance for the forgiveness of sins” (Mk 1:4). After his baptism
and the arrest of John, Jesus initiates his public ministry with these
1. Introduction to the Rite of Penance in The Rites ofthe Catholic Church as Revised by Decree
of the Second Vatican Ecumenical Council and Published by Authority ofPope Paul VI, trans. The
International Commission on English in the Liturgy (New York: Pueblo Publishing, 1976), 341.
a0
30 The Sacrament ofReconciliation
2. A. Boyd Luter Jr.,“Repentance: New Testament” in The Anchor Bible Dictionary, ed. David
Noel Freedman (New York: Doubleday, 1992), 5:672.
3. Ibid. 674.
4. Ibid. 672.
New Testament FounDATIONS 31
blood.” They said, “What is that to us? Look to it yourself.” “Flinging the
money into the temple, he departed and went off and hanged himself.”
(Mt 27:3-5)
Jesus tells his opponents: “You belong to this world, but I do not
belong to this world. That is why I told you that you will die in your
sins. For if you do not believe that IAM, you will die in your sins.”
Repentance, therefore, is not only sorrow for sins but a turning to
Jesus in faith. Because Jesus can forgive sins (cf. Mk 2:10), repentance
involves a turning to Christ who can forgive our sins and heal our
iniquities.
The New Testament joins repentance, faith, healing, and
forgiveness together. Mark 2:1-12 tells the story of Jesus’ healing of
the paralytic. When Jesus sees the great faith of the people, he says to
the paralytic: “Child, your sins are forgiven” (Mk 2:5). Healing,
though, is not only physical but also spiritual. Those trapped in sinful
lives are in need of Jesus, the Divine Physician. To those who question
his association with sinners, Jesus responds: “Those who are well do
not need a physician, but the sick do. I did not come to call the
righteous but sinners” (Mk 2:17; cf. Mt 9:13 and Lk 5:32).
The Parable of the Prodigal Son in Luke 15:11-32 provides
a vivid paradigm of how God welcomes repentant sinners with mercy
and reconciles them to the family of faith. The prodigal son experi-
ences remorse for his transgressions:
I shall get up and go to my father and I shall say to him, “Father, I have
sinned against heaven-and against you. I no longer deserve to be called
your son; treat me as you would treat one of your hired workers.” So he
got up and went back to his father. While he was still a long way off, his
father caught sight of him, and was filled with compassion. He ran to his
son, embraced him and kissed him. (18-20)
10. Paul Haffner, The Sacramental Mystery (Herefordshire, UK: Gracewing, 1999), 116.
11. Francis, The Name of God is Mercy (New York: Random House, 2016), 51.
12. Ibid.
13. Ibid.
14. John 3:5 is cited in Lumen gentium, 14 as support for “the necessity of faith and baptism”
for salvation.
34 The Sacrament ofReconciliation
What then shall we say? Shall we persist in sin that grace may abound?
Of course not! How can we who died to sin yet live in it? Or are you
unaware that we who were baptized into Christ Jesus were baptized into
his death? We were indeed buried with him through baptism into death,
so that, just as Christ was raised from the dead by the glory of the Father,
we too might live in newness of life. For if we have grown into union with
him through a death like his, we shall also be united with him in the
resurrection. We know that our old self was crucified with him, so that
our sinful body might be done away with, that we might no longer be in
slavery to sin. (Rom 6:1-6)
15. See the 1860 Instruction of the Holy Office to the Apostolic Vicar of Zhejiang, China, in
D-H, 2837: “But certainly faith and repentance are required in an adult so the sacrament may be
received licitly and the fruit of the sacrament may be obtained; but the intention is necessary for
obtaining it validly.” See also the Response of the Holy Office of March 30, 1898, which instructs
missionaries to exhort adult converts to sorrow for their sins before conferring baptism on them
at the point of death: D-H, 3333.
16. Council of Trent, Decree on Justification, ch. 7, in D-H, 1529.
17. Tertullian, De paenitentia 4, 2, in D-H, 1542.
18. Eph 5:5; see also 1 Cor 6:9-10; Gal 5:19-21; 2 Pt 2:20-22.
19. Council of Trent, Decree on Justification, ch. 23: D-H, 1573.
New TesTaMENnT FouNnDATIONS 35
they kill the life of grace in the soul. 1 John 5:16-17 provides a New
Testament foundation for the distinction between deadly (mortal) sins
and venial (nondeadly) sins.
_ Because Christ knew the baptized could lose the grace of
justification by mortal sins, he “instituted the Sacrament of Penance
for those who fall into sin after baptism.””° He did this after his
resurrection when he breathed the Holy Spirit on his disciples and
said: “Receive the Holy Spirit. Whose sins you forgive are forgiven
them, and whose sins you retain are retained” (Jn 20:22—23). Since
only God can forgive sins (Mk 2:7) and Jesus possesses this divine
power (Mk 2:10), he needed to breathe the Holy Spirit on the dis-
ciples so they could be ministers of his divine authority to forgive sins.
‘The power to reconcile sinners is also expressed by the power of
binding and loosing (Mt 18:18) and the power of the keys given by
Christ to Peter (Mt 16:19).*1 Binding and loosing are “rabbinic
technical terms that can refer to the binding of the devil in exorcism”
and “to the juridical acts of excommunication and definitive decision
making.””? The Church has understood the power of the binding and
loosing as the power given by Christ to priests who “represent him as
presiding judges” so they “might pronounce the sentence of remission
or retention of sins.”
The power of binding and loosing, given by Christ to the
apostles, has been passed on by apostolic succession to bishops and to
priests. The passage in James 5:16, which says “confess your sins to one
another” has been interpreted by some as a sign that all Christians can
serve as ministers of reconciliation. In a broad sense, this is true, but
the power of binding and loosing sins in the Sacrament of Confession
belongs only to bishops and priests by means of apostolic succession.
St. Thomas Aquinas states that “James speaks on the presupposition
of the divine institutions: and since confession had already been
‘The Catechism ofthe Catholic Church tells us that the “concrete form” in
which the Church has exercised her power received from the Lord to
forgive sins “has varied considerably” (CCC, 1447). Nevertheless, all
the essential elements of the Sacrament of Penance have been present
since apostolic times.1 The Council of Trent defined Penance as a
sacrament “instituted by Christ our Lord to reconcile the faithful with
God himself as they fall into sin after Baptism.”? The evidence from
the earliest centuries of the Church testifies to this truth.
1. Peter Riga, Sin and Penance (Milwaukee: the Bruce Publishing Company, 1962), 90.
2) D=H; 1701: .
3. Didache, 14, 1. See Cyril C. Richardson trans. and ed., Early Christian Fathers (New York:
Touchstone Books, 1996), 178, and Aaron Milavec trans., The Didache: Text, Translation, Analysis,
and Commentary (Collegeville, MN: Liturgical Press), 35.
4. Clement, Letter I to Corinth, 57, 1: translation by Francis X. Glimm, STL in The Apostolic
Fathers, ed. Ludwig Schopp (New York: Christian Heritage, 1947), 53.
3f
38 The Sacrament ofReconciliation
5. See Ignatius of Antioch, Lefter to the Philadelphians, 8; see Schopp, ed., The Apostolic
Fathers, 116, and Richardson, trans. and ed., Early Christian Fathers, 110.
6. Paul Haffner, The Sacramental Mystery (Herefordshire, UK: Gracewing, 1999),121.
7. E. Amann, “Pénitence: Le IIe Siécle, Les Documents” in Dictionnaire de Théologie
Catholique [DTC] (Paris: Libraire Letouzey et Ané, 1933), vol. 12, pt. 3, pp. 764-770.
8. See Riga, Sin and Penance, 84-87.
9. Apostolic Tradition, 2, in William A.Jurgens, trans. and ed., The Faith of Our Fathers, vol. 1
(Collegeville, MN: The Liturgical Press, 1970), n. 394a, p. 167.
10. Amann, in Dictionnaire de Théologie Catholique, vol. 12, pt. 1, p. 777.
11. Origen, Hom. in Leviticum, Il, 4 in Jurgens, ed., The Faith of Our Fathers, vol. 1, n. 493, p. 207.
12. Ibid. Here Origen applies James 5:13-14 to the Sacrament of Penance and not just to the
Anointing of the Sick.
THE SACRAMENT OF PENANCE IN CHURCH HisTorY pe!
even if the penance is done publicly.”8 In his June 11, 452 letter to
Bishop Theodore of Fréjus (southern France), he speaks of “the
medicine of penance” that enables sinners to “attain forgiveness of
their offenses.””? Christ Jesus, the mediator between God and men
(1 Tm 2:5), “has bestowed this power upon those in charge of his
Church, so that they may impose the performance of a penance on
those who make their confession and also admit them to the commu-
nion of the sacraments through the door of reconciliation once these
(persons) have been cleansed by salutary reparation.”2° St. Leo also
teaches that those “who beg for the assistance of penance and of
speedy reconciliation in time of necessity” are not to be refused. This
is “because we are not able to place boundaries upon the mercy of God
or impose limits of time upon him in whose presence a sincere repen-
tance experiences no delays in obtaining pardon.”*! In Pope Leo I, the
basic components of the sacrament—contrition, confession, and
satisfaction—are clearly evident.
How was the Sacrament of Penance and Reconciliation
celebrated during the first four centuries of Church history? It seems
that practices varied. In his De paenitentia, Tertullian mentions
penitents wearing sackcloth and ashes. ‘The sackcloth symbolized
“goats separated from Christ’s flock,” and the ashes symbolized
“exclusion from the paradise of the Church.”** There were also peni-
tential practices such as “kneeling, prayer, fasting, and works of
charity.”*4 There is evidence of public confessions being made before
the Church community in both Tertullian and St. Cyprian.*° Some
historians maintain that “up to the end of the fourth century, public
confession of even secret sins was generally required,” and they cite
36. E.F. Latko and eds., “Confession, Auricular” in New Catholic Encyclopedia, 2nd ed., 4:76.
37. Ibid.
38. See Leo I, Letter 168, 2 in PL 54 1431 A, and also Dallen, The Reconciling Community,
67; cf. D-H, 308-309.
39, Dallen, “Penance,” 69.
40. S.H. Sozomen, History of the Church, Book 7, 16, 1 as cited in Jurgens, 3:253.
41. Ibid.
42. Ibid.
THE SACRAMENT OF PENANCE IN CHURCH History 43
43. See Dallen, The Reconciling Community, 46, where he cites the early third-century Syrian
text the Didascalia apostolorum,as providing evidence that the laying on of hands was a “central
element” of the rite of reconciliation.
44, Poschmann, Penance and the Anointing ofthe Sick, 144.
45. Ibid., 154.
44 The Sacrament ofReconciliation
is the form of penance that the Church has practiced down to our day.
(CCC, 1447)
52. See John T. McNeill and Helena M. Gamer, Medieval Handbooks ofPenance (New York:
Octagon Books, 1963). See also Riga, 105.
53. Poschmann, Pennance and Anointing of the Sick, 132.
54. Haffner, The Sacramental Mystery, 126.
55. Poschmann, Pennance and Anointing of the Sick, 135-136.
56. Ibid., 143.
57. Ibid., 144.
58. Ibid., 145.
46 The Sacrament ofReconciliation
Tue PENITENTIALS
The /ibri poenitentiales or penitential books were widely used during
the late patristic and early medieval periods. They were, in effect,
confessor guides composed mostly by unknown authors,” although in
some cases the authors were known. Because of the severity of some
of the penitentials, several local councils, such as the Council of Paris
(829), condemned them.* The penitential books, however, continued
to be used, and they reveal how certain sins were regarded as requir-
ing more penance than others. For example, in the Pentitential of
Theodore (668-690), “any woman who puts her daughter upon a roof or
into an oven for the cure of a fever” shall do penance for seven years.©
This, no doubt, was due to the connection of such a cure with pagan
superstition. Someone who slays a child before the child’s Baptism
must do penance for ten years or (under advisement) for seven.
Fornication with a sister requires penance for fifteen years. If a
layman slays another layman the penance is for seven years, with three
of them requiring abstinence from flesh or wine.® If a layman slays a
monk or cleric, he is to do penance for seven years and place himself
before the judgment of his bishop for further possible penalties.
A priest who kisses a woman from desire must do penance for forty
days.°’ If the priest masturbates, he must fast for three weeks.°8
A woman who conceives and slays her child in the womb shall do
penance for one year if the slaying is done forty days or less after
conception.” If, though, the slaying takes place after forty days, she is
to receive the same penance as for homicide, which lasts ten years.”°
These penitential books were not official documents of the
Magisterium, and, as noted above, some local councils censured them
because of perceived errors.”! These penitentials, though, continued to
be used until the late Middle Ages.” After that time, it was up to the
priest to assign appropriate penances according to his own spiritual
and pastoral discretion. In evaluating the penitential books of the early
Middle Ages, we need to keep in mind that it “was a matter of waging
war on the savagery and vice of the still half-children of nature, on
bloodshed, drunkenness and all kinds of natural and unnatural forms
of unchastity.””3 In spite of some abuses—such as paying others to
perform one’s own penance”“—“the penitential books sought to meet
the danger of penance becoming a mechanical business by laying the
greatest emphasis on the truth that the performance of penance is
only efficacious where there is sincere contrition and conversion.”
78. Karen Wagner, “Cum Aliquis VeneritAd Sacerdotem: Penitential Experience in the Central
Middle Ages,” in Abigail Firey, ed.,4New History ofPenance (Leiden, Netherlands: Brill, 2008),
208.
79. Ibid.
80. Ibid., 209.
81. Ibid., 213.
82. Ibid., 214.
83. Ibid., 215.
84. Ibid.
85. Poschmann, Penance and Anointing of the Sick, 148.
86. Ibid., 149.
THE SACRAMENT OF PENANCE IN CHURCH History 49
97. Ibid.
98. On the listing of the seven sacraments, see Peter Lombard, IV Sentances, dist. II, c. I. On
the use of the Sentences as a theological textbook, see Ulrich G. Leinsle, Introduction to Scholastic
Theology, trans. Michael J. Miller (Washington, DC: CUA Press, 2010), 98-102.
99. D-H, 860.
100. Ibid., 1310.
101. Ibid., 1601.
102. M.Jugie, “La Pénitence dans lEglise Greque aprés le schisme” in DTC, vol. 12, pt. 1,
p. 1128.
103. Ibid., 1129.
104. Ibid., 1130.
105. Ibid., 1131.
THE SACRAMENT OF PENANCE IN CHurRCH History 51
that Christ, not the priest, is the true minister of the sacrament. !
In reality, though, “the Greek form of absolution is deprecative (i.e.,
in the third person, “May God forgive . . . ’) whereas in the Slavonic
books it is indicative (i.e., in the first person, ‘I forgive|».seur'}:07The
Syrian Orthodox use a indicative form for the absolution of the laity
and a deprecative form for the absolution of the clergy. 1
In most Eastern Churches (Catholic as well as Orthodox)
“confessions are heard, not in a closed confessional separating confes-
sor and penitent, but in any convenient part of the church, usually in
the open immediately in front of the iconostasis.”!°’ Due to Latin
influence, many Chaldean and Maronite Catholic churches now have
confessionals, but Byzantine Catholics churches generally do not.
Although Confession can be done standing next to the priest, most
Eastern Christian Confessions have both the penitent and the priest
sitting. '!° After the confession of sins, the priest will place his stole
(epitrachelion) “on the penitent’s head, and then laying his hands upon
the stole, says the prayer of absolution.” ‘The priest can impose a
penance, but it is not considered an essential part of the sacramental
rite. '? The emphasis is on spiritual healing, and the priest will usually
give advice to this effect.
Although there are differences of practice and emphasis,
Catholics and Orthodox Christians both consider Penance or
Confession one of the Seven Sacraments or mysteries of the Church.
They both recognize the priest or bishop as the only minister of this
sacrament, and they both see this as a sacrament instituted by Christ.
At the reunion councils of Lyon II (1274) and Florence (1439-1445),
there did not seem to be any substantive disagreements over the
Sacrament of Penance.
As scholasticism developed during the twelfth and thirteenth
centuries, various speculative and legal issues were treated. Many of
106. Ibid., 1131-1132.
107. Timothy (Metropolitan Kallistos) Ware, The Orthodox Church, new ed. (London: Penguin
Books, 1993), 289.
108. See Syrian Orthodox Dioceses of North American and Canada, “The Sacrament of
Repentance” (1998): http://sor.cua.edu/ Liturgy/Anaphora/Repentance.html.
109. Ware, The Orthodox Church, 288.
110. Ibid.
111. Ibid., 289.
112. Ibid., 290.
52 The Sacrament ofReconctliation
113. See Joseph Goering, “The Scholastic Turn (1100-1500): Penitential Theology and Law
in the Schools” in Firey, ed. 4 New History of Penance, 219-237.
114. Ibid., 1678.
115. P. F Palmer, “Attrition and Attritionism” in Berard L. Marthaler, orm Conv, ed., New
Catholic Encyclopedia, 2nd ed., (Detroit: Thomas Gale, 2003), 1:842.
116. Alan of Lille, Regulae de sacra theologia, 85; cited in Palmer, “Attrition and Attritionism,”
842.
117. Palmer, “Attrition and Attritionism,” 842.
118. A. Michel, in DTC, vol. 12, pt. 1, p. 955 (author's translation).
119. Ibid.
THE SACRAMENT OF PENANCE IN CHURCH History 53
behavior” who “traveled from city to city, expiating the sins of the
world through the mortification of their own flesh.”’” Pilgrimages to
holy places also became forms of doing penance. Such penitential
pilgrimages eventually became ways of gaining indulgences along
with participation in the Crusades. 17°
In addition to the Second Council of Lyon (1274), two other
medieval councils touched on the Sacrament of Penance. ‘The Fourth
Lateran Council (1215) established the precept of Confession at least
once a year along with yearly reception of the Eucharist (at least
during Easter).!?” Lateran IV also laid out the obligation of the
confessor, especially the obligation not to betray the sinner by reveal-
ing a sin. 178
In the late Middle Ages, the Council of Constance (1418)
posed various questions to the followers of John Wycliffe and Jan
Hus.'”° Two of these directly concerned the Sacrament of Confession.
Question 20 asked whether they believed that a Christian is bound to
confess only to a priest if a qualified one is available. °° Question 21
asked whether they believed that a priest “in the cases permitted to
him, can absolve from sin a sinner who has confessed and is contrite
and impose a penance on him.”15! Questions 26-28 asked whether
they accepted the power of the pope and bishops to grant
125. Gretchen Starr-LeBeau, “Lay Piety and Community Identity in the Early Modern
World,” in Firey,ANew History ofPenance, 396.
126. Dominique Iogna-Prat, “Topographies of Penance in the Latin West (c. 800—c. 1200)”
in Firey,4 New History ofPenance, 161-163.
127.vD-H, 812.
128. Ibid., 813-814. This was clearly meant to protect the confessional secret, a topic treated
in Appendix B.
129. The Council of Constance was held from Dec. 5, 1414 until April 22, 1418, and it is
considered the sixteenth ecumenical council by the Catholic Church. The council’s greatest
achievement was the ending of the schism caused by three simultaneous claimants to the papacy.
It also posthumously censured 45 propositions of the English theologian John Wycliffe (1324—
1384), who had translated the Bible into English without proper authorization and had
anticipated later Protestant themes such as predestination and sola scriptura. The Council also
condemned 30 errors of the Bohemian (Czech) theologian Jan Hus (1369- 1415), who repeated
many of the teachings of Wycliffe and held that that Communion must be received under both
species to receive the full Christ.TheCouncil of Constance not only condemned the 30 errors of
Hus; it also handed him over to the civil authorities for execution. See the introduction to “the
Council of Constance” in D-H, 1150-1230.
130. D-H, 1260.
131. Ibid., 1261.
THE SACRAMENT OF PENANCE IN CHURCH History 55
147. These propositions were extracted from various writings and sermons of Luther. For a
list see the introduction to D-H, 1451-1492.
148. The footnotes in D-H pp. 1451-1492, provide references to Luther's writings that relate
to each of the errors.
149. D-H, 1455.
150. Ibid., 1456. Luther believed that this fear of hell made one a hypocrite because it
emerged from a confidence in one’s own works for salvation rather than the merits of Christ. See
A. Michel in DTC, vol. 12, pt. 1, p. 1059.
151. Ibid., 1461-1462.
152. Ibid., 1468, 1470, 1472.
153. Haffner, The Sacramental Mystery, 127.
154. Martin Luther, On the Babylonian Captivity of the Church, as cited in Documents ofthe
Christian Church, 3rd ed., Ed. Henry Bettenson and Chris Maunder, (Oxford: Oxford University
Press, 1999), 221.
155. Ibid. See also A. Michel in DTC, vol. 12, pt. 1, p. 1060, where he cites Luther's Werke,
6:543-544.
58 The Sacrament ofReconciliation
156. Luther's ambivalence regarding Penance as a true sacrament is reflected in his Sma//
Catechism, which states that only Baptism and the Lord’s Supper measure up to the definition of
a sacrament as “a sacred act, instituted by Christ.” Nevertheless, there is a section of the Catechism
devoted to “The Ministry of the Keys and Confession.” See G. Gausewitz, ed., Doctor Martin
Luther's Small Catechism (Milwaukee: Northwest Publishing House, 1956), 191-218. This
ambivalence seems to be reflected in Lutheran confessional stances today. The Evangelical
Lutheran Church of America names only Baptism and the Lord’s Supper as sacraments; see
“What is a sacrament for Lutherans?” in Evangelical Lutheran Church in America, Worship
Formation and Liturgical Resources: Frequently Asked Questions (2013), http://www.elca.org
/worshipfaq. The Missouri Synod Lutherans, however, believe that “absolution” can be considered
a sacrament, even though they don't seem to insist on this.
157. Ronald K. Rittgers, “Embracing the “True Relic’ of Christ: Suffering, Penance, and
Private Confession in the Thought of Martin Luther” in Firey, ed. A New History ofPenance, 392,
fn. 61.
158. See A. Michel in DTC, vol. 12, pt. 1, p. 1060, citing Luther's Werke, 6:572.
159.vSee Haftner, TheSacramental Mystery, 127; Poschmann, Penance and Anointing ofthe Sick,
200; and A. Michel, in DTC, vol. 12, pt. 1, pp. 1060-1062.
160. A. Michel, in DTC, vol. 12, pt. 1, p. 1062, citing Luther's Werke, 1:534.
161. Haffner, Sacramental Mystery, 127.
162. Rittgers, “Embracing the “True Relic’ of Christ,” 390-391.
163. Haffner, Sacramental Mystery, 127.
164. Rittgers, “Embracing the “True Relic’ of Christ,” 393.
THE SACRAMENT OF PENANCE IN CHURCH HisTorY 59
Articles, he wrote: “Christ has borne all our pains and labors. Therefore
whoever assigns to works of penance what belongs to Christ errs and
slanders God” (article LIV). He also believed that “anyone who
pretends to remit to a penitent being any sin would not be a vicar of
God or St. Peter, but of the Devil” (article LV).1%
John Calvin (1509-1564) was willing to accept Confession as
“a primitive and useful institution”!” that might be helpful to those
“who suffer anxiety for their sins.”‘* Ultimately, though, he rejected it
as a sacrament in his Institutes of Christian Religion.’ He maintained
that “the Romanists and Schoolman” were guilty of “falsehood and
imposture” for establishing this “fictitious sacrament.” !”° He believed
that a Christian who sins should recall “the forgiveness of sins which
was promised to him at Baptism.”!”! Thus Calvin obscured the
distinction between the Sacraments of Baptism and Reconciliation.
165. Ulrich Zwingli, Sixty-Seven Articles, in Samuel Macauley Jackson, ed., Selected Works of
Huldreich Zwingli (Philadelphia: Longmans, Green & Company, 1901), 116.
166. Ibid.
167. Poschamann, Penance and Anointing ofthe Sick, 200, fn. 6.
168. Haffner, The Sacramental Mystery, 127.
169. John Calvin, Institutes ofthe Christian Religion, bk. III, ch. 4; bk. IV, ch. 19.
170. Ibid., bk. IV, ch. 19, n. 17.
171. Ibid.
172. See introduction to D-H, 1500-1870.
60 The Sacrament ofReconciliation
granting of them, and it warns against any abuses and “all base gain
for securing indulgences.”'**
The Council of Trent remains to this day the great source for
authoritative Catholic doctrine on the Sacrament of Reconciliation
'** In spite of Trent’s clear
and, to some extent, on indulgences.
teachings on the Sacrament of Penance, the Magisterium found it
necessary to intervene on some disputes that emerged in the centuries
following the Council.
189. Charles Borromeo, Instructiones fabricae et supellectilis Ecclesiasticae, ed. Stefano Della
Torre and Massimo Marinelli (Vatican City: Libreria Editrice Vaticana, 2000).
190. Edward McNamara, “Anonymity in the Confessional” Zenit [English], April 6, 2004.
191. See “Penance—General Rules” in Rituale Romanum, ed. Philip T. Weller (Milwaukee:
The Bruce Publishing Company, 1964), accessed at www.sanctamissa.org/.
192. See introduction to D-H, 1994.
193. D-H, 1994.
194. Ibid.
195. Ibid.
196. Raoul De Scorraille, Francois Suarez de la Compagnie de Jésus, vol. 2 (Paris: P. Lethielleux,
1913), 52.
197. Francisco Su4rez, Opera Omnia, ed. L. Vivés, vol. 22 (Paris, 1866), 462-465.
64 The Sacrament ofReconciliation
matter that had been discussed in the early Church, and it dealt with
the question of whether someone (struck, for example, in battle or
suffering from a serious injury) should be denied absolution if he had
expressed his sorrow for sin before others, but, by the time the priest
arrived, was unable to confess his sins verbally. Suarez cited a letter of
Pope St. Leo I (c. 440-461), which stated that the Sacrament of
Penance is not be denied to someone in this afflicted state. 18 This led
to the hypothetical question of whether confessions and absolutions
could be done through mail or via a messenger. Suarez argued that
confessions might be possible from a distance, but the absolution must
be given by the priest in the presence of the penitent. 1”
Suarez accepted the June 20, 1602, ruling of the Holy Office,
but he understood the copulative e¢ in a conjunctive rather than a
disjunctive manner.” If understood in a conjunctive (joined-together)
manner, then the sacrament would only be invalid when oth confes-
sion of sins and the absolution occurred from a distance. If understood
in a disjunctive (separated) manner, then the sacrament would be
invalid if either the confession of sins or the absolution were separated
in time. Sudrez, therefore, maintained that the decree condemned
only the administration of the Sacrament of Penance when doth the
confession of sins ad the absolution occurred in absence of the priest.
Word of Suarez’s interpretation spread to Rome, and a question was
raised before the Holy Office of whether his understanding was
acceptable. On June 7, 1603, the Holy Office replied with this ruling:
Response: Since the words of this above-mentioned decree [of June 20,
1602] and from their form it is clearly shown that his Holiness has con-
demned not only the proposition which affirms that it is licit to obtain
absolution from an absent priest but also [the proposition which affirms]
that it is licit to confess sins sacramentally to an absent confessor and
198. See Ibid., 463, where Suarez cites Letter 89 (otherwise 91) of Pope Leo I. See also
Victor Salas and Robert Fastiggi, “Introduction: Francisco Suérez, the Man and His Work,” in 4
Companion to Francisco Suarez, ed. Victor Salas and Robert Fastiggi (Leiden, Netherlands: Brill,
2015), 19.
199. See Suarez, Opera Omnia, 22:465, and De Scorraille, vol. 2:65.
200. Suarez believed that the priest giving absolution only needed to be aware of the
disposition of the penitent. In disput. 21, sec. 4, no. 10 of De Poenitentia (Opera Omnia, 22:465), he
cites the June 20, 1602, Decree of the Holy Office, but he claims that the copulative ef was “not
to be taken as disjunctive but conjunctive” (non esse divisive, sed complexive sumendam). Thus, he
believed the Decree was only condemning the position of those who claimed that said that
“absolution could be given in absentia” (absolutionum posse dari in absentia).
THE SACRAMENT OF PENANCE IN CHurcH HisTory 65
[since] the words “it is licit,” as is evident from the other related elements,
are clearly used to designate what is contrary to the institution and essence
of the sacrament (as Suarez himself is forced by the truth to admit),
And [since] it is a vain pretext to argue from the case in which absolution
is given to one at the point of dying, based on the sole signs of penitence
given and reported to a priest who is in the process of coming, to [the case
of] confession of sins made to an absent priest, since this involves a com-
pletely different difficulty: therefore, the aforesaid authorities have judged
that the above-mentioned doctrine of Father Suarez openly contradicts
the definition of his Holiness.
?%
the early medieval order of having satisfaction for sins precede absolu-
tion. Error 19 states that “man ought to do penance during his whole
life for original sin.””"” This implies a denial of the effect of Baptism as
taught by Trent, namely, the “full and integral remission of all sins.”?”°
Another Jansenist error states that “confessions made to religious are,
for the most part, either sacrilegious or invalid.” This was due, in
part, to the Jansenist antipathy to the Jesuits and other religious orders
who criticized them. The Jansenists were also condemned for main-
taining that it was sacrilegious to claim a right to receive Communion
before having done worthy penance for sins.””? They likewise were
censured for preventing the reception of Communion by those “who
do not yet have a most pure love of God free of any admixture.”””°
The desire for the “pure love of God” was also promoted by
the Quietists of the late seventeenth century, especially Madame
Guyon (1648-1717) and her friend, Francois de Fénelon, the arch-
bishop of Cambrai (1651-1715). On March 12, 1699, Pope Innocent
XII issued a Brief, Cum alias ad apostolatus, which censured twenty-
three errors related to the “pure love” position of Fénelon.?74 While
the aspirations of Fénelon for a “pure love” of God were certainly
admirable, some of the implications of his spirituality of “holy indif-
ference” were judged to be extreme and dangerous.?*> One of the
condemned errors of Fénelon was directly related to the Sacrament
of Confession. ‘This error required penitents to “detest their sins and
condemn themselves and desire the remission of their sins, not as a
personal purification and liberation, but as the thing God wills and
that he wills us to will because of his glory.”?26
This expectation was considered excessive because it was
connected with Fénelon’s belief that “pure love” requires a “passive and
disinterested state” devoid of any wish for “the practice of the virtues”
and “even love itself.”??” According to this extreme view, a person with
“pure love” would not seek purification and liberation from sin in order
to advance in virtue and holiness toward eternal salvation. This is
because in the state of “pure love” or “holy indifference” we should no
longer “seek salvation as our own salvation” or as “reward of our merits”
or as “the greatest of all our interests.”??8 Rather, we should seek
salvation because “we wish it with our whole will as the glory and good
pleasure of God.”””? According to Fénelon, pure love requires detach-
ment from all self-interest and desire, even the desire for salvation.
The Holy Office found such expectations unrealistic for the
average person seeking forgiveness of sins in the Sacrament of
Reconciliation. The Council of Trent recognized imperfect contrition
or attrition as a “gift from God” and “an impulse by which the peni-
tent is helped to prepare for himself a way unto justice.”*° Jesus came
to reconcile sinners to himself, and such sinners might be prompted
initially by “the fear of hell and punishment.””*! The hope, of course,
is for sinners to move from the fear of hell to a deeper love of God.
The Jansenists and the Quietists, however, often demanded more of
penitents than the Church herself expects. The Church believes the
Sacrament of Confession comes from God “who is rich in mercy”
(Eph 2:4) and who “knows our frame” (Ps 103:14).?” It is a sacrament
for those seeking reconciliation with God for post-Baptismal sins. It is
not a sacrament for the perfect. Rather, it is a sacrament for sinners.”*°
As the Church moved into the eighteenth and nineteenth
centuries, she needed to contend with various forms of skepticism,
rationalism, secularism, and other offshoots of the Enlightenment.
As the Church moved into the early twentieth century, many of these
ideas of the Enlightenment helped spawn a movement known as
1. J.N.D. Kelly, The Oxford Dictionary ofPopes (Oxford and New York: Oxford University
Press, 1986), 320.
Wp
72 The Sacrament ofReconciliation
2. Ibid.
Recent MacisTEriaL TEACHINGS ON PENANCE 73
3. See, for example, the 1986 New American Bible and the Revised Standard Version, Catholic
Edition (1966).
4. D-H, 1671, citing Gregory Nazianzen and John Damascene.
74 The Sacrament ofReconciliation
5. See 1 John 2:16 and the Catechism of the Catholic Church, 405, on the summons ,to
“spiritual battle.”
76 The Sacrament ofReconciliation
For by reason of the fact that those in heaven are more closely united with
Christ, they establish the whole Church more firmly in holiness, lend
nobility to the worship which the Church offers to God here on earth,
and in many ways contribute to its greater edification. For after they have
been received into their heavenly home and are present to the Lord,
through him and with him and in him they do not cease to intercede with
the Father for us, showing forth the merits which they won on earth
through the one Mediator between God and man, serving God in all
things and filling up in their flesh those things which are lacking in the
sufferings of Christ for his Body which is the Church. (LG, 49)
has underlined more clearly how all its members are called upon to
participate in the work of Christ and therefore to participate also in
his expiation” (introduction).
In Paenitemini, Paul VI provides an overview of the key texts
of the Old Testament that affirm penance as a “religious, personal act”
directed toward “love and surrender to God” and also a social act,
expressed by the various “penitential liturgies of the Old Covenant”
that reflect “not only a collective awareness of sin but constitute in
reality a condition for belonging to the People of God” (introduction).
In the New Testament, Christ himself provides the perfect example of
a penitential orientation. As Bl. Paul VI writes:
Christ, who always practiced in His life what He preached, before begin-
ning His ministry spent 40 days and 40 nights in prayer and fasting, and
began His public mission with the joyful message: “The kingdom of God
is at hand.” To this He added the command: “Repent and believe in the
Gospel.” These words constitute, in a way, a compendium of the whole
Christian life. (Paenitemini, Introduction)
addressed God since most ancient times: “that we, who are justly sub-
jected to afflictions because of our sins, may be mercifully set free from
them for the glory of thy name.” (ID, 3)
The Council of Trent solemnly taught that for full and perfect forgiveness
of sins three acts are required from the penitent as parts of the sacrament,
these acts being contrition, confession, and satisfaction. It also taught that
absolution is given by the priest, who acts as judge, and that it is necessary
by divine law to confess to a priest each and every mortal sin and the
circumstances that alter the species of sins that are remembered after a
careful examination of conscience."
11. Congregation for the Doctrine of the Faith, Sacramentum poenitentiae: Pastoral Norms for
General Absolution (June 16, 1972), introduction; translation from Vatican website: http://www.
vatican.va/roman_curia/congregations/cfaith/documents/rc_con_cfaith_doc_19720616_
sacramentum-paenitentiae_en.html (accessed August 15, 2016). The very last sentence refers the
reader also to Sess. XIV, Canones de Sacramento Paenitentiae 4, 6-9, in DS.1704, 1706-1709.
82 The Sacrament ofReconciliation
12. ‘This last sentence refers the reader to Proposition 59, condemned by Innocent XI on 2
March 1679, in DS, 2159).
Recent MacisTEerRIAL TEACHINGS ON PENANCE 83
ance. In this sense penance means, in the Christian theological and spiri-
tual vocabulary, asceticism, that is to say, the concrete daily effort of a
person . . . an effort to put off the old man and put on the new; an effort
to overcome in oneself what is of the flesh in order that what is spiritual
may prevail; a continual effort to rise from the things of here below to the
things of above, where Christ is. Penance is therefore a conversion that
passes from the heart to deeds and then to the Christian’s whole life.
13. See RP, 35: “Truly Mary has been associated with God, by virtue of her divine
motherhood, in the work of reconciliation.”
RecenT MacisTERIAL TEACHINGS ON PENANCE 85
by reason of their object. These acts, if carried out with sufficient aware-
ness and freedom, are always gravely sinful. (RP, 17)
14. See canon 961 of the 1983 Code of Canon Law for a listing of the reasons that would
justify general absolution.
15. Congregation for Divine Worship and Disciple of the Sacraments, Circular Letter
Concerning the Integrity ofthe Sacrament ofPenance (March 20, 2000), 9.
Recent MacisTErIAL TEACHINGS ON PENANCE
87
17. Benedict XVI, Address to Participants in the Course on the Internal Forum Organized by the
Apostolic Penitentiary (March 11, 2010).
18. See Pope Francis, The Name of God is Mercy, trans. Oonagh Stransky (New. York: Random
House, 2016), 11-12.
19. Ibid.
20. See Pope Francis, The Name of God is Mercy, 7: “Mercy is in reality the core of the Gospel
message; it is the name of God himself, the face with which he revealed himselfin the Old
Testament and fully in Jesus Christ, the incarnation of Creative and Redemptive Love.”
go The Sacrament ofReconciliation
and he never tires of forgiving in ways that are continually new and sur-
prising. Nevertheless, all of us know well the experience of sin. We know
that we are called to perfection (cf. Mt 5:48), yet we feel the heavy burden
of sin. Though we feel the transforming power of grace, we also feel the
effects of sin typical of our fallen state. Despite being forgiven, the con-
flicting consequences of our sins remain. In the Sacrament of
Reconciliation, God forgives our sins, which he truly blots out; and yet
sin leaves a negative effect on the way we think and act. But the mercy
of God is stronger even than this. It becomes indulgence on the part of the
Father who, through the Bride of Christ, his Church, reaches the par-
doned sinner and frees him from every residue left by the consequences
of sin, enabling him to act with charity, to grow in love rather than to fall
back into sin. (MV, 22)
21. Francis, Address to the German Bishops (Nov. 20, 2015). Translation by Zenit.
Recent MacisTERIAL TEACHINGS ON PENANCE gl
1. Apostolic Penitentiary, Manual of.Indulgences: Norms and Grants, 4th ed. (Washington,
DC: USCCB Publishing, 2006), norm 9, p. 15. The plenary indulgences include the papal
blessing three times a year and whenever it “is warranted for the good of the faithful because of a
particular religious circumstance or reason.”
92
THe Key Components OF THE SACRAMENT 93
See Paul Haffner, The Sacramental Mystery (Herefordshire, UK: Gracewing, 1999), 14-16.
D-H, 1323.
. Ibid., 1673, 1704.
a [bids 1323,
. Ibid., 1673.
NDXAAYWN
Ibid.
94 The Sacrament ofReconciliation
The Sacrament of Reconciliation is “for the faithful” who fall into sin
after Baptism." It is not for the unbaptized.” Those who are not
baptized and are moved to conversion and repentance have their sins
remitted by the Sacrament of Baptism. According to the Council of
Florence, the effect of the sacrament of Baptism “is the remission of
all guilt, original and actual, and also of all punishment due to the
guilt itself.”'3 This is why “no satisfaction is to be imposed on the
baptized for their past sins; and if they die before committing any
8. ‘The sacramental form continues to be stressed for the Sacrament of Matrimony. See
CCC, 1631, and c. 1108, which is preceded by the heading De forma celebrationis Matrimoni (On
the Form of the Celebration of Matrimony).
9. Ludwig Ott, Fundamentals of Catholic Dogma, trans. Patrick Lynch (St. Louis: B. Herder
Book Company, 1958), 436. Fr. Ott updated his Grundriss der katholischen Dogmatik in 1969, but
he still maintained that it was de fide (i.e., a dogma of faith) that “the form of the sacrament of
Penance consists in the words of absolution” (“Die Form des Bussakramentes besteht in den
Absolutionsworten”). See Ludwig Ott, Grundriss der katholischen Dogmatik, 11th ed: (Bonn:
Verlag Nova et Vetera, 2010), 590.
10. P. Severino Gonzalez, sj, Sacrae theologiae summa, vol. 4 (Madrid: Biblioteca de Autores
Cristianos, 1951), p. 450.
11. Ibid., 1701.
12. Ibid., 1670.
13. Ibid., 1316.
THE Key Components OF THE SACRAMENT 95
fault, they immediately gain access to the kingdom of heaven and the
beatific vision.” 4
The Sacrament of Penance was instituted by Christ “for
reconciling the faithful who have fallen after Baptism.”15The 1983
Code of Canon Law offers more specific guidelines on who may receive
the Sacrament of Penance:
§4. If the danger of death is present or if, in the judgment of the diocesan
bishop or conference of bishops, some other grave necessity urges it,
Catholic ministers administer these same sacraments licitly also to other
Christians not having full communion with the Catholic Church, who
cannot approach a minister of their own community and who seek such
on their own accord, provided that they manifest Catholic faith in respect
to these sacraments and are properly disposed.
§5. For the cases mentioned in §§2, 3, and 4, the diocesan bishop or con-
ference of bishops is not to issue general norms except after consultation
14. Ibid.
15. Ibid., 1670.
96 The Sacrament ofReconciliation
16. These regulations are repeated almost verbatim in canon 671 of the 1990 Eastern
Catholic Code of Canon Law, Codex Canonum Ecclesiarum Orientalium.
17. John Wycliffe (also spelled Wyclif or Wycliff) (1324-1384) was an English theologian
who had 45 of his propositions condemned posthumously at the Council of Constance on May
4, 1415 (cf. D-H, 1151-1195). Various propositions of his had already been condemned in 1382
and 1396 by synods in London. Wycliffe had translated the Bible into English without proper
authorization, and he wrote against monasticism, transubstantiation, and the papacy—at one
point calling the Church of Rome “the synagogue of Satan” (cf. Rev 2:9 and D-H, 1187). Jan
Hus (1369-1415) was a Czech theologian who accepted most of Wycliffe’s errors and spoke of
the Church as those “predestined to salvation” (D-H, 1201). The Council of Constance
condemned thirty propositions of Hus (cf. D-H, 1210-1230) and handed him over to the civil
authorities for execution.
THe Key Components OF THE SACRAMENT
37. D-H, 1680: the most secret sins are those committed against the last two precepts of the
Decalogue (cf. Ex 20:17; Dt 5:21; and Mt 5:28).
38. Introduction to the Rite ofPenance, (Washington, DC: USCCB Publishing, 2010), no. 6b.
39. Thomas Weinandy, orm Cap, Sacrament ofMercy:A Spiritual €¥ Practical Guide to
Confession (Boston: Pauline Books & Media, 1997), 49.
40. Ibid.
41. Ibid.
Tue Key Components OF THE SACRAMENT IOI
Though the Church knows and teaches that venial sins are forgiven in
other ways too—for instance, by acts of sorrow, works of charity, prayer,
penitential rites—she does not cease to remind everyone of the special
usefulness of the sacramental moment for these sins too. The frequent use
of the sacrament—to which some categories of the faithful are in fact
held—strengthens the awareness that even minor sins offend God and
harm the Church, the body of Christ. (RP, 32)
If the sins confessed are venial and not mortal, it is not abso-
lutely necessary to mention the number of times such sins have been
committed. Nevertheless, mentioning the number of such transgres-
sions might be helpful to the priest in assigning a salutary penance.
When mortal sins are committed, it is necessary to confess
them according to kind and number in order to have a full confession.
As noted in chapter 5, the Holy Office under Pope Alexander VII
condemned various Laxist propositions that sought to evade the need
to specify the kind and number of the sins committed. As we have
seen earlier, the Holy Office rejected “the procurement of a pollution”
as an adequate confession of sins such as pederasty, sodomy, and
bestiality.*¢ Likewise, intercourse with an unmarried woman could
not be confessed merely as “a grievous sin against chastity with an
unmarried woman.”*” When appropriate, it is also important to mention
the circumstances of the sin, because such circumstances can change
the sin’s nature.** Revealing the circumstances can also help the confes-
sor “estimate the gravity of the faults and to impose on the penitents
the penance appropriate to them.”*? When it is not possible to recall
the exact number of times the sin has been committed, “a general
reckoning of the number suffices.”*° If mortal sins committed are not
recalled and confessed, they “are understood to be included in general
form in the same confession.”*! If such forgotten mortal sins come
to mind after confession, they should be mentioned in the next
46. D-H, 2044. The Laxists were those who looked for clever ways of covering over or
minimizing the seriousness of certain sins. The Holy Office condemned various Laxist
propositions in 1665 and 1666 (cf. D-H, 2021-2065).
47. Ibid., 2045.
48. D-H, 1681.
49. Ibid.
50. Paul Jerome Keller, op, 101 Questions on The Sacraments ofHealing: Penance and the
Anointing ofthe Sick (New York: Paulist Press, 2010), 51.
51. D-H, 1682.
Tue Key Components OF THE SACRAMENT 103
ABSOLUTION
Absolution by a priest is an integral and necessary part of the Sacrament
of Reconciliation. The Council of Trent teaches that the absolution
“does not consist in the mere ministry of proclaiming the Gospel or of
declaring that the sins have been forgiven, but it has the pattern of a
judicial act in which the priest pronounces sentence as a judge.” In
giving absolution the priest, however, acts not only as a judge but also in
the person of Christ, the Good Shepherd. He is likewise “the sign and
instrument of God’s merciful love for the sinner” (CCC, 1465). The
1983 Code of Canon Law states that: “In hearing confessions the priest is
to remember that he is equally a judge and a physician and has been
established by God as a minister of divine justice and mercy, so that he
has regard for the divine honor and the salvation of souls” (c. 978 §1).
The words of absolution said by the priest communicate God’s mercy,
forgiveness, and desire for peace of soul:
God, the Father of mercies,
through the death and resurrection of his Son
has reconciled the world to himself
and sent the Holy Spirit among us
for the forgiveness of sins;
through the ministry of the Church
may God give you pardon and peace,
and I absolve you from your sins
in the name of the Father, and of the Son,
and of the Holy Spirit.°*
The essential words of absolution are: “I absolve you from your sins in
the name of the Father, and of the Son, and of the Holy Spirit.”
When there is imminent danger of death, this shorter form suffices.*°
52. Keller, 101 Questions, 54.
53. D-H, 1685.
54. RP, 46.
55. Ibid.
56. Ibid., 21.
104 The Sacrament ofReconciliation
57. Keller, 101 Questions, 59; see also Kurt Stasiak, oss,4Confessor’s Handbook, rev. and
exp. ed. (New York: Paulist Press, 2010), 103.
58. As will be explained in the appendix on indulgences, absolution removes the eternal
consequences of sin, but the temporal effects (or punishments) of sin still need to be expiated by
the performances of penances. By means of indulgences, however, the Church provides ways of
remitting the temporal punishments due to sin for those who do not fulfill their assigned
penances.
59. See Stasiak,4 Confessor’ Handbook, 98-102, for cases of penitents who mention certain
actions and then say “this isn’t a sin, but ...”
THE Key Components OF THE SACRAMENT 105
60. See canon 18 of the Council of Trent’s Decree on Justification, which condemns the view
that “the commandments of God are impossible to observe.” D-H, 1568.
61. Stasiak,AConfessor’s Handbook, 101.
62. See the Pontifical Council for the Family, Vademecum for Confessors Concerning Some
Aspects ofthe Morality of Conugal Life (Feb. 12, 1997) sec. 3, par. 5. This Vademecum can be found
in The Pontifical Council for the Family, Enchiridion on the Family:A Compendium of Church
Teaching on Family and Life Issues from Vatican II to the Present (Boston: Pauline Books & Media,
2004), 779-799. See also D-H, 3187 and Stasiak,4Confessor’s Handbook, 105-107.
63. Pontifical Council for the Family, Vademecum, sec. 3, par. 11.
106 The Sacrament ofReconciliation
64. See Henry Davis, sj, Moral and Pastoral Theology (London & New York: Sheed and Ward,
1949), 3:276: “The obligation of giving absolution to one who is disposed for it is a grave one and
based on justice.”
65. Keller, 101 Questions, 59-60.
66. Vademecum for Confessors, sec. 3, par. 4.
67. Alphonsus Liguori, Praxi confessariorum [ch. 1] § IV, no. 41, cited in D-H, 2760.
68. Pope Francis, Apostolic Exhortation Evangelii gaudium (2013), 44: AAS 105 [2013],
1038, cited also in his Post-Synodal Apostolic Exhortation Amoris Jaetitia (2016), no. 305, fn.
3518
69. Keller, 101 Questions, 87.
70. Pope Francis, Letter According to Which an Indulgence Is Granted for the Extraordinary
Jubilee ofMercy (Sept. 1, 2015), http://w2.vatican.va/content/francesco/en/letters/2015/
documents/ papa-francesco_20150901_lettera-indulgenza-giubileo-misericordia.html. This
faculty was extended by Pope Francis in his apostolic letter Misericordia et Misera of November
20, 2016 (n.12).
Tue Key Components OF THE SACRAMENT 107
safeguard for the new life and as a remedy for weakness, but also for
the retribution and chastisement of former sins.””*
The call for a new evangelization was a central theme of the pontifi-
cate of St. John Paul II (1920-2005). Whereas evangelization in the
past was understood as the proclamation of the Gospel to people who
had never heard the good news of Christ, the new evangelization is
directed at people from countries that were formerly Christian but
have now become increasingly secular or indifferent to the faith. The
new evangelization, therefore, seeks to awaken the faith of people who
might even be baptized but do not live and think as Christians.!
The 1978-2005 pontificate of John Paul II was followed by
the 2005-2013 pontificate of Benedict XVI, who continued his
predecessor’s call for a new evangelization. On September 21, 2010,
Benedict XVI issued an apostolic letter motu proprio, Ubicumque et
semper, which established the Pontifical Council for Promoting the
New Evangelization. He explained the need for this new council in
these words:
Making my own the concerns of my venerable predecessors, I consider
it opportune to offer appropriate responses so that the entire Church,
allowing herself to be regenerated by the power of the Holy Spirit, may
present herself to the contemporary world with a missionary impulse in
order to promote the new evangelization. Above all, this pertains to
Churches of ancient origin, which live in different situations and have
different needs, and therefore require different types of motivation for
evangelization: in certain territories, in fact, despite the spread of secular-
ization, Christian practice still thrives and shows itself deeply rooted in
1. For more background on the new evangelization, see Ralph Martin and Peter
Williamson, eds., John Paul II and the New Evangelization (Cincinnati: Servant Books, 2006).
II0
RECONCILIATION AND THE NEw EVANGELIZATION III
5. Ibid.
6. XIII General Assembly of the Synod of Bishops, Proposition 33 of the Final List of
Propositions (October 27, 2012). These propositions can found on the Vatican website at http://
www.vatican.va/news_services/press/sinodo/documents/bollettino_25_xiii-ordinaria-2012/ 022
inglese/b33_02.html.
RECONCILIATION AND THE New EvaNGELIZATION 113
7. This January 15,2015 address can be found on the Vatican website at: http://www.
vatican.va/roman_curia/congregations/cfaith/incontri/ rc_con_cfaith_20150115_esztergom
-tartaglia_en.html.
8. Archbishop Philip Tartaglia, “The New Evangelization and the Sacrament of Penance”
January 15, 2015), 1.
9. John Paul II’s initial reference to the “new evangelization” was in his homily of June 9,
1979, during his first apostolic visit to Poland. The homily was given at the Shrine of the Holy
Cross in Mogila: http://w2.vatican.va/ content/john-paul-ii/en/ homilies/1979/documents/hf
_jp-ii_hom_19790609_polonia-mogila-nowa-huta.html (accessed August 15, 2016).
114 The Sacrament ofReconciliation
St. John Paul II saw his pontificate as the one chosen by God
to usher in the third Christian millennium. In his apostolic letter,
Novo millennio ineunte, which celebrated the arrival of the new millen-
nium, the Polish pontiff underscored the importance of the Sacrament
of Reconciliation for the renewal of the Church. In this letter, he
makes an urgent appeal:
I am also asking for renewed pastoral courage in ensuring that the
day-to-day teaching of Christian communities persuasively and effectively
presents the practice of the Sacrament of Reconciliation. As you will
recall, in 1984 I dealt with this subject in the post-synodal exhorta-
tion Reconciliatio et paenitentia, which synthesized the results of an assem-
bly of the Synod of Bishops devoted to this-question. My invitation then
was to make every effort to face the crisis of “the sense of sin”! apparent
in today’s culture. But I was even more insistent in calling for a rediscov-
ery of Christ as mysterium pietatis, the one in whom God shows us his
compassionate heart and reconciles us fully with himself. It is this face of
Christ that must be rediscovered through the Sacrament of Penance,
which for the faithful is “the ordinary way of obtaining forgiveness and
the remission of serious sins committed after Baptism.”!2 When the
synod addressed the problem, the crisis of the sacrament was there for all
to see, especially in some parts of the world. The causes of the crisis have
not disappeared in the brief span of time since then. But the jubilee year,
which has been particularly marked by a return to the Sacrament of
Penance, has given us an encouraging message, which should not be
10. John Paul II, Apostolic Exhortation Ecclesia in America (1996), 32.
11. Cf. no. 18: AAS 77 (1985), 224.
12. Ibid., 31: loc. cit., 258.
RECONCILIATION AND THE New EvaNGELIZATION 115
ignored: if many people, and among them also many young people, have
benefited from approaching this sacrament, it is probably necessary that
pastors should arm themselves with more confidence, creativity, and per-
severance in presenting it and leading people to appreciate it. Dear broth-
ers in the priesthood, we must not give in to passing crises! The Lord’s
gifts—and the Sacraments are among the most precious—come from the
One who well knows the human heart and is the Lord of history. '
13. John Paul II, Apostolic Letter Novo millennio ineunte (January 6, 2001), 37.
14. Propositio 16.
116 The Sacrament ofReconciliation
As we have seen in chapter 5, the Church has made it clear that only
a bishop or priest can serve as a valid minister of the Sacrament of
Reconciliation. In 1296, Pope Boniface VIII condemned the Brethren
of the New Spirit for—among other things—having members of the
laity hear confessions and absolve from sins. This teaching was
reaffirmed by the Council of Constance in 1418 when it required the
followers of Wycliffe and Hus to believe that the faithful may confess
only to a qualified priest “and not to one or (more) laymen, however
good or devout they may be.”? In its 1439 Decree for the Armenians,
the Council of Florence taught that the minister of the Sacrament of
Penance “is the priest who has either ordinary authority to absolve or
that commissioned by his superior.”* The Council of Trent, in its 1551
Doctrine on the Sacrament of Penance, rejected the view that Christ,
in John 20:23, conferred the power to forgive sins to all the faithful
without distinction.‘ Trent likewise taught that “even priests who are
in mortal sin exercise the office of forgiving sins as ministers of Christ
through the power of the Holy Spirit conferred in ordination.”°
1. Heinrich Denzinger and Peter Hiinermann, eds. Compendium of Creeds, Definitions, and
Declarations on Matters ofFaith and Morals, 43rd. ed. (San Francisco: Ignatius Press, 2012), 866.
Hereafter D-H.
2. D-H, 1260.
3. D-H, 1323.
4, D-H, 1684.
5. D-H, 1684.
II7
118 Appendix A
. Ibid., 1686.
. Ibid., 1687.
2, Lbidy, wade
D . Ibid.
CON
©
§2. A priest can be given this faculty either by the law itself or by a grant
made by the competent authority according to the norm of c. 969.1
12. Paul Keller, 101 Questions Answers on the Sacraments ofHealing: Penance and Anointing
ofthe Sick (Mahweh, NJ: Paulist, 2010), 44.
13; ChE EHOe4722 §1—4.
14. All translations of the 1983 Codex Iuris Canonici [CIC] are taken from the Vatican
website: http://www.vatican.va/ archive/ENG1104/_INDEX.HTM (accessed August 16, 2016).
120 Appendix A
in the world unless one bishop denies the faculty to another bishop in
a particular case (c. 967 §1). Second, priests must receive the faculty to
hear confessions by their competent authority in writing (c. 973).
Third, priests who have been granted the faculty to serve as ministers
of the Sacrament of Penance can exercise that faculty anywhere
“unless the local ordinary has denied it in a particular case” (c. 967 §2).
If, though, a priest has had his faculty to hear confessions revoked by
the local ordinary for a grave cause (c. 974 §1), the priest loses this
faculty everywhere (c. 974 §2). If, however, the priest has his faculty
to hear confessions revoked by some other ordinary (e.g., an ordinary
other than his own bishop), the faculty then is lost “only in the
territory of the one who revokes it” (c. 974 §2). If a local ordinary
revokes the faculty for a priest to hear confessions, he must inform the
proper ordinary of incardination or the religious superior in the case
of a religious priest (c. 974 §3). As one canonist explains,
‘The principle behind the law is that the one who grants the faculty can
revoke it. Therefore, if one’s own Ordinary grants the faculty and then
revokes it, it is lost everywhere. If another Ordinary grants it for his own
jurisdiction and then revokes it, it is lost only in that jurisdiction.
15. John Huels, The Pastoral Companion: ACanon Law Handbook for Catholic Ministry,
(Montreal: Wilson & Lafleur, 2009), 142.
16. Ibid., 143; see also Keller, 101 Questions, 44.
THE Facutry To Serve as A MINISTER OF THE SACRAMENT 121
‘The local ordinary is not to grant the faculty of hearing confessions habit-
ually to a presbyter, even one having a domicile or quasi-domicile in his
jurisdiction, unless he has first heard the ordinary of the same presbyter
insofar as possible.
D-H, 323.
Cf. Council of Trent, Doctrine on the Sacrament of Penance, ch. 5, in D-H, 1683.
D-H, 814.
Ibid.
Ibid., 1989.
SyIbid., 2195.
ie
ee
I22
THE SEAL OF ConFESSION 123
7. Ibid., 2543.
8. Ibid.
9. The 1990 Code of Canons ofthe Eastern Churches imposes a major excommunication for
a direct violation of the seal of confession and a minor excommunication for a violation in
a manner other than direct. See CCEO, c. 1456.
124 Appendix B
§2. The interpreter, if there is one, and all others who in any way have
knowledge of sins from confession are also obliged to observe secrecy.
10. Paul Jerome Keller, op, 101 Questions &° Answers on the Sacraments ofHealing: Penance and
Anointing of the Sick (Mahwah, NJ: Paulist Press, 2010), 67.
11. See John M. Huels, The Pastoral Companion: ACanon Law Handbook for Catholic Ministry,
4th upd. ed. (Montréal: Wilson & Lafleur, 2009), 144-147. See also Henry Davis, sj, Moral and
Pastoral Theology (London & New York: Sheed and Ward, 1949), 3:316-319.
12. Paul Jerome Keller, op, 101 Questions, 68.
13. See Huels, The Pastoral Companion, 145.
14. See Keller, 101 Questions, 71, where St. John Nepomucene and St. John Sarkander are
given as preeminent examples.
‘THE SEAL or CONFESSION 125
priests from prosecution for refusing to violate the seal, there have
been attempts “to reverse this very important privilege.”
Catholic Teaching on
Indulgences
INTRODUCTION
Indulgences were touched on in chapter 5, which provides a historical
survey of the Sacrament of Penance. It might be helpful, though, to
provide an overview of the Catholic teaching on indulgences because
of the many misunderstandings surrounding this topic.1
Unfortunately, many Catholics only know about indulgences from
history courses that highlight late medieval abuses. The Catholic
Church, however, continues to encourage the proper use of indul-
gences, as can be seen from Pope Francis’ April 11, 2015, bull of
indiction for the extraordinary jubilee of mercy, Misericordiae Vultus.?
126
CaTHOLIC TEACHING ON INDULGENCES 127
penance in both the 1983 Code of Canon Law (cc. 992-997) and the
Catechism of the Catholic Church (1471-1479). Indulgences likewise are
linked to the Catholic theology of salvation, which understands
justification as not merely the forgiveness of sins but also “the sanctifi-
cation and renewal of the interior man.”3 The Catechism ofthe Catholic
Church defines an indulgence as:
A remission before God of the temporal punishment due to sins whose
guilt has already been forgiven, which the faithful Christian who is duly
disposed gains under certain prescribed conditions through the action of
the Church which, as the minister of redemption, dispenses and applies
with authority the treasury of the satisfactions of Christ and the saints.
(CCC, 1471; cf. ID 1)
Sin affects not only our relationship with God, but it also injures our
character and damages our relations with others. Sin has “a double
consequence” (CCC, 1472). Unrepentant grave sins, committed with
full knowledge and deliberate consent, deprive a person of eternal life
with God (cf. 1 Cor 6:9-10; Gal 5:21; Rev 21:8). But all sins, even
those that are not deadly (cf. 1 Jn 5:17), still involve “an unhealthy
attachment to creatures, which must be purified either here on earth,
or after death in the state called purgatory” (CCC, 1857).
The Sacrament of Penance involves not only sorrow or contri-
tion but also confession and satisfaction. Not all the disorders caused by
sin are taken away by sacramental absolution. As the Catechism teaches:
“Raised up from sin, the sinner must still recover his full spiritual health
by doing something more to make amends for the sin: he must ‘make
satisfaction for’ or ‘expiate’ his sins” (CCC, 1459). This is what the
Church calls penance or satisfaction, which can involve prayers, sacri-
fices, or acts of service that seek to heal the temporal effects of sin: those
injuries inflicted by the sin on both the sinner and others.
4, This section is adapted from my introduction to Peters, AModern Guide to Indulgences, 4-9.
5. Tertullian, De Paenitentia 10:5. The full text of Tertullian’s De Paenitentia can be found in
Corpus Christianorum Series Latina [CCSL] I, Tertulliani Opera Pars 1 (Turnhout, Belgium:
Brepols, 1954), 299-340.
6. Cf. Alexius M. Lépicier, osm, Indulgences: Their Origin, Nature and Development (London:
Kegan Paul, Trench and Tibner, 1906), 202-213.
7. Joseph Edward Campbell, Indulgences: The Ordinary Power ofPrelates Inferior to the Pope to
Grant Indulgences (Ottawa: The University of Ottawa Press, 1953), 53.
8. Ibid.
9, PE Palmer and G.A. Tavard, “Indulgences” in New Catholic Encyclopedia, 2nd ed.
(Detroit: Thomson Gale, 2003), 7:346.
130 Appendix C
10. Ibid.
11. W.H. Kent, “Indulgences,” in Catholic Encyclopedia (New York: Encyclopedia Press, 1913),
7:786.
12. Norman Tanner, sj, ed., Decrees of theEcumencial Councils (London and Washington, DC:
Sheed & Ward and Georgetown University Press, 1990), 1:263-264.
CaTHOLIC TEACHING ON INDULGENCES 131
23. John Paul II, Incarnationis mysterium (1999), 7. The bull was approved on November 29,
1998, but not issued publicly until 1999.
134 Appendix G
4
The Church lives within the communion of the saints. In the Eucharist,
this communion, which is a gift from God, becomes a spiritual union
binding us to the saints and blessed ones whose number is beyond count-
ing (cf. Rv 7:4). Their holiness comes to the aid of our weakness in a way
that enables the Church, with her maternal prayers and her way of life, to
fortify the weakness of some with the strength of others. Hence, to live
the indulgence of the Holy Year means to approach the Father’s mercy
with the certainty that his forgiveness extends to the entire life of the
believer. To gain an indulgence is to experience the holiness of the
Church, who bestows upon all the fruits of Christ’s redemption, so that
24. Apostolic Penitentiary, Manual ofIndulgences: Norms and Grants, 4th ed. (Washington,
DC: USCCB Publishing, 2006).
25. See MV 14 for pilgrimages and 3-4 for holy doors of mercy.
CaTHOLIc TEACHING ON INDULGENCES
135
God’s love and forgiveness may extend everywhere. Let us live this jubilee
intensely, begging the Father to forgive our sins and to bathe us in his
merciful “indulgence.” (MV, 22)
Here we see that Pope Francis, like Paul VI, recognizes the
spiritual power of indulgences for purification from sin and the
profound connection of indulgences to the communion of the saints.
this
26. See Manual ofIndulgences, Concessions, no. 12 §2, p. 54. There are two forms of
as the apostolic pardon or blessing given in chapter 3, n. 106 of Anointing and Care
prayer known
(New
of the Sick found in The Rites of the Catholic Church as Revised by the Second Vatican Council
1976), p. 611. In editions of The Rites published in 1983 and later, the two
York: Pueblo Publishing,
Viaticum), n. 201.
forms of the “apostolic pardon” can be found in chapter 5 (Celebration of the
Care of the Sick: Rites ofAnointing and Viaticum (New York: Catholic
See p. 156 of the Pastoral
Study Edition (New
Book Publishing CO, 1983) and p. 688 of the Zhe Rites ofthe Catholic Church:
York Pueblo Publishing CO, 1983).
Appendix D
Vatican II’s Constitution on the Sacred Liturgy stated that “the rite and
formulas for the sacrament of penance are to be revised so that they
more clearly express both the nature and the effect of the sacrament”
(SC, 72). In light of this directive, the Congregation for Divine Worship
and Discipline of the Sacraments prepared a new Rite ofPenance that
was issued on June 6, 1972.1 Pope Paul VI subsequently approved this
new Rite “and ordered it to be published.”? This new rite included not
only the Rite for Reconciliation of Individual Penitents but also two
other rites: namely, the Rite of Reconciliation of Several Penitents
with Individual Confession and Absolution and the Rite for
Reconciliation of Several Penitents with General Confession and
Absolution.’ All three of these new rites propose “absolution in the
context of the celebration of God’s Word.”* The two new rites with
several penitents try to “emphasize the relation of the sacrament to the
community.”°
tions required for general absolution exist. A large gathering of the faith-
ful on the occasion of major feasts or pilgrimages does not constitute a
case of grave necessity.3
1. Fora very good summary of the various types of Eastern Churches, see Ronald Roberson,
csp, The Eastern Churches:ABrief Survey, 6th ed. (Rome: Edizioni “Orientalia Christiana,” 1999).
142
THE SACRAMENT OF PENANCE IN THE EASTERN CHRISTIAN CHURCHE
S 143
2. Timothy (Kallistos) Ware, The Orthodox Church, new ed. (London: Penguin Books,
1993), 288.
3. Ibid.
4. Ibid. Some Eastern Churches also have the penitent kneel before the priest. This is the
case in the Syrian (“Jacobite”) Orthodox and the Armenian Orthodox Churches. See Donald
Attwater, The Dissident Eastern Churches (Milwaukee: The Bruce Publishing Company), 278
and 306.
5. Ware, The Orthodox Church, 288.
144 Appendix E
4
6. ‘This insight is provided by Fr. Christiaan Kappes, the Academic Dean of SS. Cyril and
Methodius Seminary, Pittsburgh, Pennsylvania. I am most grateful to Fr. Kappes for providing
this information.
7.0 CCEOFC. 736, 81.
8. Iam most grateful to Msgr. Francis Marini, yp, jcop, the judicial vicar of the Eparchy of
St. Maron, Brooklyn, New York, for supplying this information as well as a translation of article
72 of Le Droit Particulier de l’Eglise Maronite (June 1995).
9. This information was also kindly provided by Msgr. Marini. The Latin texts of the
documents of the 1736 Maronite Provincial Synod, which were approved in forma specifica by
Pope Benedict XIV, can be found in vol. 38 of J. D. Mansi, ed., Sacrorum Conciliorum Nova et
Amplissima Collectio (Florence 1736-1789). The requirement to have a “sedem confessionalem” is
found in chapter 4, n. 10 (Mansi, Sacrorum Conciliorum, 38:55).
THE SACRAMENT OF PENANCE IN THE EASTERN CHRISTIAN CHURCHES
145
22. See CIC, c. 991: “Every member of the Christian faithful is free to confess sins to a
legitimately approved confessor of his or her choice, even to one of another rite.”
23. Attawater, however, notes that some non-Chalcedonian Churches—such as the Church
of the East, the Ethiopian Church, and the Coptic Church—do not emphasize the importance
of the Sacrament of Penance as much as the Eastern Orthodox. See Attawater, The Dissident
Eastern Churches, 231, 249, 236.
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150 Selected Bibliography
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Ward, 1949.
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——. What the Church Teaches about Sex: God’s Plan for Human Happiness.
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Freedman, Noel, ed. The Anchor Bible Dictionary. 6 vols. New York: Doubleday, 1992.
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Gausewitz, G., ed. Doctor Martin Luther’s Small Catechism. Milwaukee: Northwest
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Huels, John. The Pastoral Companion: A Canon Law Handbook for Catholic Ministry.
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John Paul II. Encyclical Dives in Misericordia. November 30, 1980.
. Post synodal apostolic exhortation Reconciliatio et paenitentia (Dec. 2, 1984).
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- Apostolic letter issued motu proprio. Misericordia Dei. May 2, 2002.
Keller, Paul Jerome, op. 101 Questions on the Sacraments ofHealing: Penance and the
Anointing ofthe Sick. New York: Paulist Press, 2010.
SELECTED BIBLIOGRAPHY I5I
Kelly , J.N.D. The Oxford Dictionary ofPopes. Oxford and New York: Oxford
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Mansi J.D., ed. Sacrorum Conciliorum Nova et Amplissima Collectio. Florence 1736
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Sunday Visitor, 2003.
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Priimmer, Dominic, op. Handbook ofMoral Theology. Trans. J.G. Nolan. New York:
P.J. Kenedy & Sons, 1957.
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Ramos-Regidor, José. I/ Sacramento della Penitenza. Torino: Elledici, 1971.
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152 Selected Bibliography
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Orientalia Christiana, 1999.
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Tsirpanlis, Constantine T. Introduction to Eastern Patristic Thought and Orthodox
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Ware, Timothy (Metropolitan Kallistos). The Orthodox Church. New ed. London:
Penguin Books, 1993.
Weinandy, Thomas, orm Cap. Sacrament ofMercy:A Spiritual &© Practical Guide to
Confession. Boston: Pauline Books & Media, 1997.
Weller , Philip, ed. Rituale Romanum. Milwaukee: The Bruce Publishing Company,
1964.
Index
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This text is an invaluable, comprehensive, and accessible resource for undergradu-
ate, graduate, and seminary courses on God’s sacrament of mercy. It presents an
overview of the sacrament in terms of its anthropological, scriptural, historical,
and theological roots as well as an analysis of the key components of the sacrament
itself. Delving into Old Testament and New Testament narratives on original
sin, human rebellion, conversion, and forgiveness, Robert L. Fastiggi outlines the
development of the sacrament throughout Church history.
“In his work, The Sacrament of Reconciliation, Professor Fastiggi offers a thorough
examination of the Church's teaching on the nature and purpose of this gift from her
Lord. While helping us reclaim our understanding of Confession, he explains how the
Sacrament meets the deepest need of sinners for forgiveness and moves them forward
on the path to holiness. His study is a providential gift especially to confessors.”
Archbishop Allen H. Vigneron
Archbishop of Detroit
“At last, we have in Dr. Robert Fastiggi’s The Sacrament of Reconciliation a book
sorely needed in our time. It should be read by every priest, theologian, and
seminarian, so as to deeply grasp the essence and power of this sacrament. .. . This
must-read book explains the theology of penance, as well as the practical elements
of the rite. Readers will find the necessary and important role that this sacrament
has in evangelization, which is nothing short of bringing the joy of Christ’s love
and mercy to every person.”
Paul Keller, op, stp
Associate Professor of Sacramental and Liturgical Theology
The Athenaeum of Ohio/ Mt. St. Mary’s Seminary, Cincinnati, OH
Author of 101 Questions & Answers on the Sacraments of Healing
“Dr. Fastiggi presents a comprehensive, systematic analysis of the sacrament of
mercy, so needed in our times. .. . This is a book that should be read by all who
want to embrace the deeper meaning of repentance, asceticism and the grace of
forgiveness that enables a disposition to live the virtues of faith, hope and charity
in a secular world.”
Sister Esther Mary Nickel, rsm
Associate Professor of Theology
St. John Vianney Theological Seminary, Denver, CO
THEOLOGY/LITURGY 81595"25(
Sacraments/Reconciliation/Penance