CAN WE DO A SECOND TAKE ON “RESERVED SINS?” [Asking for a friend.]
I did leave a lot hanging in the air in my last post on this stream, and probably none more controversial than “reserved sins,” those sins which cannot ordinarily be absolved in your parish confessional. Reserved sins [also known as “reserved cases”] must be addressed to a higher authority for absolution, either the local bishop, or in some cases the Vatican, specifically the Apostolic Penitentiary which speaks for the pope. I have very little specific information on how reserved sins are specifically handled, because Franciscan priests had faculties or privileges to absolve participation in an abortion when I was a friar. Abortion would be the most likely encountered reserved sin for most priests. Since 2016 Pope Francis has given permission to all validly ministering priests—including those in your parish—to lift the excommunication and thus absolve the penitent’s participation in the abortion process. Since the new 1983 Code of Canon Law, others involved—such as the biological father of the child, who may be pressuring the woman and/or paying for the procedure—must seek the confessional for relief from the excommunication and absolution from the sin. In researching today’s post, I learned an interesting point in Catholic Law: a minor under the age of eighteen is considered too young to incur excommunication for anything. This makes sense when one considers the other reserved sins which do incur excommunication: Apostasy, heresy, schism Violation of consecrated species [the post-consecration bread and wine at the Mass] Physical attack on a pope or bishop A priest who absolves an accomplice in sexual sin Unauthorized ordination of a bishop Direct violation by a confessor of the seal of confession Anyone who reveals the overheard confession of another. Pretended celebration of the Eucharist by a non-priest Attempt to hear confession by one who cannot validly do so. False accusation of the crime of solicitation in the confessional [if an adult states, falsely, that he or she was invited to have sex with the confessor during the confession, there is no way a priest can defend himself without breaking the seal of confession] Attempted marriage by a religious or cleric [for example, if a priest fails to seek laicization from Rome before marrying] Formal cooperation in abortion [with the above circumstances noted] If an individual engages with full consent and understanding in one or more of these acts, he or she is excommunicated on the spot by virtue of having done the deed [a latae sententiae excommunication as Latin would put it.] In short, an automatic excommunication. The process of the special appeal to the local bishop or even the Apostolic Penitentiary in Rome is lifting the excommunication so that the original priest confessor can confer absolution. This compilation of reserved sins was not cobbled together on Mount Sinai, and it has over the centuries added or dropped many kinds of sin. The most ancient Christian entry is the first one—apostasy—which is fitting, because it is not only an open, pronounced departure from the Church and a renunciation of one’s Baptism, but in many cases, it put the lives of Christians in danger vis-à-vis the Romans. But as personal confession itself did not take hold in the Western Roman Church till near the end of the first millennium, the number and specificity of “excommunicable sins” expanded in the West with remarkable productivity after 1000 A.D. Wikipedia has an entry entitled List of Excommunicable Offences in the Catholic Church, which makes for intriguing [if lengthy] reading. A few random excerpts from over the years: “Anyone who illicitly seizes the goods of a deceased bishop;” “All Christians who take their ships to Muslim ports from 1245 to 1249;” “All Christians who take their ships to Muslim ports from 1274 to 1280;” [not a misprint] “Clerics who pay too much attention to their hair or beards, or clerics who use silk and velvet instead of cloth and leather for their horses or mules, receives excommunication if he continues to do so after receiving a legitimate warning.” “Catholics who defend or promote materialistic or atheistic Communist doctrine (incur excommunication) [1949, Pope Pius XII].” HOW AND WHEN WAS ABORTION CLASSFIED AS A RESERVED SIN? It was exceptionally difficult to track down the inclusion of direct abortion on the list of reserved sins. Abortion has always been regarded as sinful, but Church fathers have debated the nature of embryonic development and thus the nature and gravity of the sin. St. Thomas Aquinas [1225-1274], for example, agreed with Aristotle that an embryo passed through developmental stages on the way to humanhood. With the invention of modern medicine—and the microscope, for example—Church moral theory and discipline was able to fine-tune confessional practice. For our purposes here, suffice to say that the 1917 Code of Canon Law decreed that the mother [alone] incurs a latae sententiae excommunication for obtaining an abortion. It is interesting to note, though, that the newer and current 1983 Code of Canon Law expanded the penalty to those who facilitate procurement. The mother is not singled out from a process that obviously involved other parties in most cases. This would certainly include the biological father if he were pressuring for the abortion or paying for it. Canonists today also hold that a minor under eighteen is exempt from latae sententiae excommunications by virtue of age. A teenager who confesses an abortion in the confessional may be absolved immediately by her familiar confessor, or any priest with whom she is comfortable. Pope Francis has granted broad powers for priests around the world to lift the excommunication and absolve those adults who procure and facilitate abortions. It is true that an abortion involving a minor may constitute a civil crime on the part of the male depending upon the specific American state and the circumstances. A priest in the confessional may [probably should] encourage a youth to seek professional/spiritual counseling outside of the confessional. Diocesan Catholic Charities or Counseling Services might be a good choice. Professional counselors and social workers—whether in the employment of the Church or not—are mandated reporters of abuse and fully trained in the delicate area of abuse reporting and interacting with law enforcement. A priest, of course, must maintain the seal of secrecy of the Sacrament of Penance and cannot report what he hears. Some states, such as Washington, are attempting to include priests as mandated reporters or have already legislated such requirements. Hopefully our American dioceses are discussing ongoing legislative proposals and confessional practice with their priests, attorneys, and diocesan state legislative lobbyists. A NASTY BUSINESS On the other hand, there is no church law forbidding a priest reporting indications of child abuse to civil authorities which he learns about outside of the confessional. In fact, much of our “clerical abuse crisis” involves the failure of bishops or priests to report and investigate suspected abuse in tandem with civil law enforcement. I was tangentially involved in a criminal report about 35 years ago while still in the active priestly ministry. I was working on my master’s degree in counseling while pastoring, and I had just been briefed by Rollins College at my internship site on the new reporting laws of the State of Florida. In the line of parish duty, I was meeting with a family in my church office about a real estate matter when I learned that one of the participants was engaged in inappropriate activity with two children under ten years old. I explained that I needed to report the situation to the Florida Department of Children and Families Protective Services, for the safety of the children. I suggested that the perpetrator make the call himself from my office, which he did. DCF told him it would meet him at his home. In fact, he was arrested on outstanding warrants involving drug trafficking. The perpetrator pleaded to reduce what was nearly a life sentence. I attended the sentencing in Orlando, and there was a very lengthy reading of the charges. For the first time I heard the full extent of the abuse—more than most of us can ever imagine. The judge interjected that the abuse was first brought to authorities by my intervention while “hearing confessions.” I had to insist that the court records be redacted to state that our encounter was of a business nature, and specifically not during a confessional encounter. In my later years as a psychotherapist, I made about two dozen reports and testified in several trials. Sadly, I learned that where there’s smoke, there is usually a raging forest fire. We will pick up this stream in a week or so on more info and questions related to the theology and practice of Confession. IS HEARING CONFESSIONS HARD WORK?
It has been 30 years since I last heard confessions, and my impression is that the logistics and pressures facing priests today are more intense than in my time. I can say that “yes, hearing confessions was personally consuming, but in an energetic sort of way. I am sure that the personality, spirituality, and theology of the priest has a lot to do with the spiritual and psychological blessings they receive in the sacramental encounter as well as their penitents. Whether hearing confession is a chore or a gift depends so much on a priest’s self-consciousness of what he is doing. Growing up, I was very fortunate to have had rather good confessional experiences in my parish. I do not recall my first confession, but I sure remember my second: a typical Saturday afternoon, long before Saturday vigil Masses, when our elderly monsignor-pastor spent several moments explaining to me that my parents’ rules and regulations were God’s ways of keeping me safe. A senior patient priest with spiritual advice for a seven-year-old kid! Not bad at all. Later, around the fifth grade, I had my first “regular confessor,” whom I would regularly check in with on Saturday nights at just before 9 PM when the church closed, along with the sports fields behind it. I learned later that he was an active alcoholic, but even in his impaired state he was always kind and friendly. I was a happy camper with confession then, though I could not help but notice that I was the only kid going to confession after those Saturday night ball games. Sixty years later, the St. Mary’s Press/CARA/Georgetown study would conclude that “when asked at what age they no longer identified themselves as Catholic, 74 percent of the sample said between the ages of 10 and 20, with the median age being 13 years old.” For a priest, confession can be a cross in certain circumstances: if he is an overly scrupulous individual who worries excessively about the judgments he makes regarding the severity of the sin he hears and/or the advice he gives; if spontaneous conversation is difficult for him; if the sheer numbers of people waiting in line pressure him into a brevity that he feels is disrespectful to the sacrament. This latter example is a particular issue on Saturday afternoons when the only priest in the parish is hearing confessions before Mass. Rather than disrespect the sacrament, at 4:50 I would gather the folks still in line around me, then acknowledge to them that they had the obvious intention of confessing, recommend that they return another time for personal confession, and that they had my permission to receive communion at the Mass just moments away. That was my own solution, but it reflected the professional attitudes of the moralists and canonists who taught me in major seminary, as well as my own instincts. I would add one more point here. In very recent research I discovered that before Vatican II there were discussions in the United States on the practice of “devotional confessions,” or put another way, weekly or biweekly confessions with no serious sin. In every devotional book of the day, frequent confession was hailed as the practice of saints. However, by 1960 the ancient understanding of penance as “Biblically inspired conversion” was coming back, particularly among younger priests, who asked a fair question: can you turn your life around weekly? Moreover, confessors after 1960 were wrestling with the artificial birth control issue. Maria C. Morrow’s Sin in the Sixties [see my Amazon review, particularly pp. 191 ff] observed that in New Jersey in the 1960’s, if you believed the pill was OK morally, you confessed in Italian parishes; if you believed artificial contraception was wrong, you confessed in Irish churches. In my family’s parish in New York State everyone knew which priests to confess to if you were using the pill. Many priests were getting sick and tired of the birth control wars in confession. St. John Vianney probably had it right when he taught priests not to probe into the conjugal matters of married couples, lest the consciences of the faithful be troubled unnecessarily. MAY YOU ASK FOR ADVICE IN CONFESSION ABOUT A PERSONAL ISSUE? Generally, yes. If a priest has the time to talk—that is, if there is not a long line of penitents behind you—feel free to raise an issue that is troubling your life. It does not have to be technically sinful matter. A parent might be worried about a son or daughter, for example. Now, if the same parent asked the same question of a psychotherapist, there are fifty minutes on the clock to work it through. [And some issues require multiple therapeutic meetings or sessions.] Public parish hours for confession do not usually allow the priest the time for lengthy personal advice. If the question is complex, the priest may suggest that you call the office and make an appointment with him at a time when he can provide 30-60 minutes of guidance in the office. Or he might suggest you consult a Catholic professional counselor, possibly with Catholic Charities. [In one of my parishes, I had two psychotherapists on my staff.] The priest is not putting you off; rather, he is attempting to provide the depth of attention you deserve. I should add, too, that the priest might suggest in confession reputable self-help programs such as Alcoholics Anonymous. ARE THERE SINS A PRIEST CANNOT ABSOLVE? Yes. First, a priest cannot hear confessions just anywhere [except in danger of death.] On the afternoon of my ordination, my superior walked up to me at the post-Mass reception, poked me in the chest, and said: “You have faculties.” A priest must have formal “faculties” or authority from his bishop to minister in a diocese. I had not thought about faculties then, and I had planned to spend the next five days celebrating Eucharist and hearing confessions at the schools and parishes where I had led youth retreats in the D.C. area. Good thing my superior took care of it. It is true that religious order priests such as the Franciscans have “special privileges” dating to the Middle Ages; in 1974 when I was ordained, Franciscan priests could absolve the sin of procuring or facilitating an abortion, for example, which normally was a “reserved sin.” [Some states require a civil “faculty” for marriages, too. In 1975 I performed a wedding at Georgetown’s Trinity Church while living at Siena College in Albany, and I had to pay the District of Columbia $15 for a minister’s license!] But there is a catalogue of sins, “reserved sins,” which incur a latæ sententiæ penalty, immediate excommunication. In some cases, a local bishop, having examined the situation, can lift the excommunication. But in other cases, the bishop must petition Rome for guidance on how to proceed. Here is a list of “reserved sins:” Apostasy, heresy, schism [leaving the Church by a formal, public act] Violation of consecrated species [consecrated bread and wine] Physical attack on a pope or bishop A priest who absolves an accomplice in sexual sin Unauthorized ordination of a bishop Direct violation by a confessor of the seal of confession Anyone who reveals the overheard confession of another Pretended celebration of the Eucharist by a non-priest Attempt to hear confession by one who cannot validly do so False accusation of the crime of solicitation in the confessional Attempted marriage by a religious or cleric Formal cooperation in abortion [I hasten to add that the “attempted marriage by a cleric” applies only to non-laicized priests. I have my letter from Pope John Paul II, and I receive a pledge kit every year for the Bishop’s Appeal, so I was never excommunicated. Do it by the book.] There is an office or “dicastery” in Rome, the Apostolic Penitentiary, which ministers to all penitential issues of this sort. I will return to the Confession questions in about two weeks. If you have any questions or topics in this theme, feel free to send them along to [email protected] As next week features Ash Wednesday, and with it the annual reminder to make a good confession before Easter, I thought it might be a good time to look at the particulars of the Sacrament as it is observed in the United States.
IS CONFESSION BIBLICAL? God’s merciful gift of redemption to all who call upon the Lord with humility in their hearts is among the very pillars of the Hebrew and Christian Scriptures. On Easter Sunday evening, according to St. John Chapter 20 Jesus said to them again. “Peace be with you. As the Father has sent me, so I send you.” And when he had said this, he breathed on them and said to them, “Receive the holy Spirit. Whose sins you forgive are forgiven them, and whose sins you retain are retained. It is an interesting thing that Jesus identifies the forgiveness of sin as the primary empowerment from the Holy Spirit, on Easter Sunday, no less. St. Luke’s Acts of the Apostles, in the Pentecost account, affirms John in Acts 2:38, Peter’s sermon to the Jews: Peter said to them, “Repent and be baptized, every one of you, in the name of Jesus Christ for the forgiveness of your sins; and you will receive the gift of the holy Spirit. Baptism, as the primordial sacrament of forgiveness and entrance into Christ’s saving community, is the only forgiveness rite per se mentioned in the New Testament. The Church would develop the rites for the forgiveness of sins in several ways over the next two millennia. WHEN AND WHERE DID THE PRACTICE OF INDIVIDUAL CONFESSION BEGIN? [1] IN ROME: In the second and third centuries in Rome and other European sites, the sins of baptized believers were satisfied by prayer, fasting, and good works alone. However, several sins were recognized as serious enough to segregate a baptized member from his or her saving Eucharistic community. We are talking about murder, adultery, and apostasy [renouncing one’s baptismal membership.] In these cases, the sinner confessed the deed[s] to the bishop directly, and requested admission to “the order of penitents,” a local collection of grave sinners living an austere life of prayer, fasting, and alms collecting which lasted for about a year. These individuals were received back into the Eucharistic community on Holy Thursday through the laying on of hands by the bishop. It was generally understood that one could reenter the full community just once in a lifetime; hence this reconciliation practice was popularly known as the “last plank.” Typically, most Christians would never engage in this intensive personal rite of forgiveness because their failures had not reached a designated level of seriousness, betrayal, and scandal. What I find interesting is that by 200 A.D. the Church already had an early grading system of sins, a practice that medieval and modern theology would raise to an art form. [2] IN IRELAND: It may come as a surprise that our “Saturday afternoon confession” format comes to us from the Irish monks of the fifth through tenth centuries. In the monasteries, the prayer format included a daily evening rite called “the chapter of faults” where each monk would come forward and confess out loud before the community one misdeed for which he needed the forgiveness of God and his community. Because Irish monasteries played the part of dioceses and cathedrals in the Dark Ages on that island, several critical developments followed over time from this monastic rite. [1] The abbot’s acknowledgement morphed into the role of what we would call sacramental absolution. [2] This absolution, unlike the Roman style, was repeatable. [3] All sins—not just grave ones—were confessed. [4] Lay persons outside the monastery came to confess their sins. [5] Acts of satisfaction—what we call today “the penance”—were given to each penitent. With all Irish laity now confessing regularly, monk scholars composed books of sins and penances that monk confessors could consult in the ritual for each penitent. These were called penitentiaries, and by 700 A.D. they were quite detailed. Interestingly, the monks did not organize these first “moral theology” works around the Ten Commandments. Rather, they arranged their writing around the Seven Deadly Sins. The Irish manner of forgiveness crossed east into Europe through the end of the first millennium. Not surprisingly, this ritual met with resistance, including in Rome. But by 1215 A.D., at the Council IV Lateran in Rome, Pope Innocent III declared that Penance was one of the seven sacraments and mandated that all the faithful confess their sins once a year using the Irish model during the Lenten/Easter Season. That, and receiving the Eucharist, became known as “doing our Easter Duty.” In 2022 Commonweal Magazine carried a more detailed treatment than I have outlined here, called “How the Irish Changed Penance,” which should be free even if you don’t subscribe. It would make an interesting adult education presentation. WHEN DID CONFESSIONALS COME INTO PLAY? The confessional seems to have developed as part of the liturgical reform stemming from the Council of Trent [1545-1563]. This Council was the Catholic response to the Protestant Reformation. I have seen many paintings in my lifetime of confessions being heard out in the open church before the institution of confessionals. It could be that the Church thought it would be theologically significant and prudent to designate a particular spot in the church for this sacrament, like the baptistry for baptism. Enclosure of the sacrament in a boxlike configuration would protect the “seal” or secrecy of Penance. You will read in some history books that the barrier between the penitent and the priest [with the little grill for confessing] was instituted to protect women and children from the confessor. From what we know about confessional abuses in the twentieth century, the designers of the barrier confessionals in the seventeenth century may have had the same concern. [See this 2021 essay on women’s contemporary experiences in the confessional.] I have not seen a new church built with wooden confessional boxes in the builder’s design in years. When the Vatican II reforms for Penance were promulgated in the mid-1970’s, confessionals [referred to often as reconciliation rooms] were expected to allow the penitent to confess to the priest seated, face-to-face, if they preferred this to confessing anonymously. And, as the priest was proclaiming the absolution, he had the option of laying hands on the head of the penitent. I believe that laying on of hands in confession has been replaced by holding up the right hand in the direction of the penitent. In the priesthood and in the mental health profession, for that matter, physical touching of vulnerable people is verboten. WHAT CHANGES DID VATICAN II MAKE IN THE SACRAMENT OF PENANCE? In the Council Constitution Sacrosanctum Concilium [1963] the bishops of the council called for a renewal of the rite of confession, but without details. The Vatican Office of Liturgy released the new rite with all its specifics, Ordo Paenitentiae, in 1973. The document ran to well over 200 pages; by the time the document was translated into English in 1974 or 1975 I was already ordained and pastor of a Catholic campus college. Theologically speaking, the most significant change in the Sacrament of Penance was Biblical emphasis. Commentaries remined us confessors that we were to function as an extension of Christ’s immeasurable mercy and love; we were not to act as lawyers or customs officials at the gates to grace. My professors had taught me that already, so my pastoral stance in the confessional was not significantly challenged. I was more taken by the ritual opportunities offered in Ordo Paenitentiae. OP put forward three ways to celebrate this sacrament, outlined here: Rite One was the individual confession of a person to a priest. However, the formula was extended to include, among other things, a reading of a passage from Scripture and a broad selection of “Acts of Contrition.” Clearly, this revised rite would take longer than the old one, and I wondered how Rite 1 would fit, so to speak, in the engrained custom of hearing lines confessions before weekend Masses. Rite Two was a public church service which included hymns, Scripture reading, a homily, an examination of conscience, and a common act of contrition. Then the participants approached one of the priests in attendance, confessed sins, received individual absolution, and returned to the pew. When everyone had confessed, a final prayer and closing hymn closed the service. As far as I could see, Rite 2 was popular during Advent and Lent. When I came to Florida, I was on the road several nights a week during the holy seasons to assist at my neighbors’ penance rites [as well as to enjoy a scrumptious rectory meal and a nightcap after the service with my local clergy friends.] Today I read a good number of church bulletins and I never see such a service posted. I have some ideas about that, for a follow-up post. Rite Three was quite controversial. It was frequently referred to as the “General Absolution” option. It parallelled Rite Two except that there was no individual confession. Rather, full absolution for all sins—mortal and venial—was administered from the sanctuary by the priest celebrant. I found this rite to be highly effective both at my college and later as a parish pastor. In 1986 my parish completed a RENEW program, and I scheduled an evening General Absolution service as a finale. I am told that hundreds of people never even got their cars on the church property, and having given up, moved down the street to Denny’s for an impromptu celebration of dessert. Rite Three caused considerable discomfort at the Vatican, and under Pope John Paul II local bishops were expected to forbid its use except in danger of death situations, such as soldiers entering battle. So, in answer to the question of how Vatican II impacted our penitential situation in our 2024 setting, I would say, “Very little.” __________________ I will pick up the Penance questions in about two weeks. If you have “confession topics,” send them to me at [email protected] I have about ten here on my desk I didn’t get to on this run. I am leaving the Café desk now for a week at the beach with my in-laws. Just my luck, my condo is across the street from a very nice Catholic Church. I called to make an appointment for my Lenten confession. I know the pastor to be an excellent spiritual director from previous experience. I pray that all of you will experience a moving Lenten Season with our Savior, Jesus Christ |
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June 2024
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