Seal of the Confessional
Encyclopedia
In the Roman Catholic Church
, the Seal of Confession (or of the Confessional) is the absolute duty of priest
s not to disclose anything that they learn from penitents during the course of the Sacrament of Penance
.
, who compiled the edicts of previous Catholic Ecumenical Councils
and the principles of Church law, published the Decretum
about 1151. It includes the following declaration of the law as to the seal of confession: "Let the priest who dares to make known the sins of his penitent be deposed." Gratian goes on to say that the violator of this law should be made a life-long, ignominious wanderer.(Secunda pars, dist. VI, c. II)
Canon 21 of the Fourth Council of the Lateran
(1215), binding on the whole Church, laid down the obligation of secrecy in the following words:
Notably, neither this canon nor the law of the Decretum purports to enact for the first time the secrecy of confession. The 15th century English
canonist William Lyndwood
speaks of two reasons why a priest is bound to keep secret a confession, the first being on account of the sacrament
because it is almost (quasi) of the essence of the sacrament to keep secret the confession. (Cf. also Jos. Mascardus, De probationibus, Frankfort, 1703, arg. 378.)
, "The sacramental seal is inviolable; therefore it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason." (983 §1) The confessor is always an ordained priest, although the concept of Lay confession
in the absence of a priest has been discussed by many theologians.
Priests may not reveal what they have learned during confession to anyone, even under the threat of their own death or that of others. For a priest to break confidentiality would lead to a latae sententiae (automatic) excommunication
, the lifting of which is reserved to the Holy See
—in fact, to the Pope himself (Code of Canon Law, 1388 §1). It is presumed such a breach could be forgiven only with the lifting of the authority of that priest to ever hear confessions again, and a requirement that the priest undertake an extended period of penance, perhaps in a monastery. In the Early Modern period, some casuist
s (Thomas Sanchez
, etc.) justified mental reservation, a form of deception which does not involve outright lying, in specific circumstances including when such an action is necessary to protect confidentiality under the seal of the confessional. Other casuists considered "grey areas" in which it was unclear whether or not the seal was being violated. A priest who says "I do not know" is thus to be understood "I do not know with knowledge outside the Seal of the Confessional"; St. Thomas Aquinas goes even farther and says that the priest knows the confession “not as man, but as God knows it”.
There are limited cases where portions of a confession may be revealed to others, but always with the penitent's permission and always without actually revealing the penitent's identity. This is the case, for example, with more serious offenses, as some excommunicable
offenses are reserved to the bishop
or even to the Holy See
, and their permission to grant absolution
must be obtained. In these cases, the priest hearing the confession asks the permission of the penitent to write a petition, using pseudonyms and containing the absolute minimum information necessary, to the bishop or to the Apostolic Penitentiary
, the cardinal delegated by the Pope to handle such requests. This request may be forwarded, sealed, through the apostolic delegate or nuncio in a country (the Pope's ambassador), to be guarded by the privilege of a diplomatic pouch
.
matter, a priest may encourage the penitent to surrender to authorities. However, this is the extent of the leverage they wield. They may not directly or indirectly disclose the matter to civil authorities themselves. The doctrine of priest-penitent privilege
is respected to varying degrees by the laws of different nations.
Roman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
, the Seal of Confession (or of the Confessional) is the absolute duty of priest
Priest
A priest is a person authorized to perform the sacred rites of a religion, especially as a mediatory agent between humans and deities. They also have the authority or power to administer religious rites; in particular, rites of sacrifice to, and propitiation of, a deity or deities...
s not to disclose anything that they learn from penitents during the course of the Sacrament of Penance
Sacrament of Penance (Catholic Church)
In the teachings of the Roman Catholic Church, the Sacrament of Penance and Reconciliation is the method by which individual men and women may be freed from sins committed after receiving the sacrament of Baptism...
.
History
GratianGratian (jurist)
Gratian, was a 12th century canon lawyer from Bologna. He is sometimes incorrectly referred to as Franciscus Gratianus, Johannes Gratianus, or Giovanni Graziano. The dates of his birth and death are unknown....
, who compiled the edicts of previous Catholic Ecumenical Councils
Catholic Ecumenical Councils
Catholic Ecumenical Councils include 21 councils over a period of 1700 years. While definitions changed throughout history, in today's understanding Ecumenical Councils are assemblies of Patriarchs, Cardinals, residing Bishops, Abbots, male heads of religious orders and other juridical persons, ...
and the principles of Church law, published the Decretum
Decretum Gratiani
The Decretum Gratiani or Concordia discordantium canonum is a collection of Canon law compiled and written in the 12th century as a legal textbook by the jurist known as Gratian. It forms the first part of the collection of six legal texts, which together became known as the Corpus Juris Canonici...
about 1151. It includes the following declaration of the law as to the seal of confession: "Let the priest who dares to make known the sins of his penitent be deposed." Gratian goes on to say that the violator of this law should be made a life-long, ignominious wanderer.(Secunda pars, dist. VI, c. II)
Canon 21 of the Fourth Council of the Lateran
Fourth Council of the Lateran
The Fourth Council of the Lateran was convoked by Pope Innocent III with the papal bull of April 19, 1213, and the Council gathered at Rome's Lateran Palace beginning November 11, 1215. Due to the great length of time between the Council's convocation and meeting, many bishops had the opportunity...
(1215), binding on the whole Church, laid down the obligation of secrecy in the following words:
Notably, neither this canon nor the law of the Decretum purports to enact for the first time the secrecy of confession. The 15th century English
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
canonist William Lyndwood
William Lyndwood
William Lyndwood was an English bishop of St. David's, diplomat and canonist, most notable for the publication of the Provinciale.-Early life:...
speaks of two reasons why a priest is bound to keep secret a confession, the first being on account of the sacrament
Sacrament
A sacrament is a sacred rite recognized as of particular importance and significance. There are various views on the existence and meaning of such rites.-General definitions and terms:...
because it is almost (quasi) of the essence of the sacrament to keep secret the confession. (Cf. also Jos. Mascardus, De probationibus, Frankfort, 1703, arg. 378.)
In practice
According to Roman Catholic Canon lawCanon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
, "The sacramental seal is inviolable; therefore it is absolutely forbidden for a confessor to betray in any way a penitent in words or in any manner and for any reason." (983 §1) The confessor is always an ordained priest, although the concept of Lay confession
Lay confession
-Roman Catholic view:From the Roman Catholic standpoint, lay confession is of historical interest only.It is found under two forms: first, confession without relation to the sacrament, second, confession intended to supply for the sacrament in case of necessity...
in the absence of a priest has been discussed by many theologians.
Priests may not reveal what they have learned during confession to anyone, even under the threat of their own death or that of others. For a priest to break confidentiality would lead to a latae sententiae (automatic) excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
, the lifting of which is reserved to the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
—in fact, to the Pope himself (Code of Canon Law, 1388 §1). It is presumed such a breach could be forgiven only with the lifting of the authority of that priest to ever hear confessions again, and a requirement that the priest undertake an extended period of penance, perhaps in a monastery. In the Early Modern period, some casuist
Casuistry
In applied ethics, casuistry is case-based reasoning. Casuistry is used in juridical and ethical discussions of law and ethics, and often is a critique of principle- or rule-based reasoning...
s (Thomas Sanchez
Thomas Sanchez
Tomás Sánchez was a 16th century Spanish Jesuit and famous casuist.- Life :In 1567 he entered the Society of Jesus. He was at first refused admittance on account of an impediment in his speech; however, after imploring delivery from this impediment before a picture of Mary at Córdoba, Spain, his...
, etc.) justified mental reservation, a form of deception which does not involve outright lying, in specific circumstances including when such an action is necessary to protect confidentiality under the seal of the confessional. Other casuists considered "grey areas" in which it was unclear whether or not the seal was being violated. A priest who says "I do not know" is thus to be understood "I do not know with knowledge outside the Seal of the Confessional"; St. Thomas Aquinas goes even farther and says that the priest knows the confession “not as man, but as God knows it”.
There are limited cases where portions of a confession may be revealed to others, but always with the penitent's permission and always without actually revealing the penitent's identity. This is the case, for example, with more serious offenses, as some excommunicable
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
offenses are reserved to the bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...
or even to the Holy See
Holy See
The Holy See is the episcopal jurisdiction of the Catholic Church in Rome, in which its Bishop is commonly known as the Pope. It is the preeminent episcopal see of the Catholic Church, forming the central government of the Church. As such, diplomatically, and in other spheres the Holy See acts and...
, and their permission to grant absolution
Absolution
Absolution is a traditional theological term for the forgiveness experienced in the Sacrament of Reconciliation. This concept is found in the Roman Catholic Church, as well as the Eastern Orthodox churches, the Anglican churches, and most Lutheran churches....
must be obtained. In these cases, the priest hearing the confession asks the permission of the penitent to write a petition, using pseudonyms and containing the absolute minimum information necessary, to the bishop or to the Apostolic Penitentiary
Apostolic Penitentiary
The Apostolic Penitentiary, formerly called the Supreme Tribunal of the Apostolic Penitentiary, is one of the three tribunals of the Roman Curia. The Apostolic Penitentiary is chiefly a tribunal of mercy, responsible for issues relating to the forgiveness of sins in the Catholic Church.The...
, the cardinal delegated by the Pope to handle such requests. This request may be forwarded, sealed, through the apostolic delegate or nuncio in a country (the Pope's ambassador), to be guarded by the privilege of a diplomatic pouch
Diplomatic bag
A diplomatic bag, also known as a diplomatic pouch is a kind of receptacle used by diplomatic missions. The physical concept of a "diplomatic bag" is flexible and therefore can take many forms e.g. an envelope, parcel, large suitcase or shipping container, etc...
.
Recognition by civil authorities
In a criminalCriminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
matter, a priest may encourage the penitent to surrender to authorities. However, this is the extent of the leverage they wield. They may not directly or indirectly disclose the matter to civil authorities themselves. The doctrine of priest-penitent privilege
Priest-penitent privilege
The priest–penitent privilege, also known as the clergy privilege, clergy–penitent privilege, confessional privilege, and ecclesiastical privilege, is an application of the principle of privileged communication that protects the contents of communications between a member of the clergy and a...
is respected to varying degrees by the laws of different nations.
See also
- Seal of the Confessional and the Anglican ChurchSeal of the Confessional and the Anglican ChurchThe Seal of the Confessional is a principle of the Anglican Church that protects the words spoken during confession. Confession has certain censures on disclosure as there is an understanding among the clergy that there is an inviolable confidence between the individual priest and the penitent...
- Seal of the Confessional and the Lutheran ChurchSeal of the Confessional and the Lutheran ChurchThe Seal of the Confessional is a doctrine of the Catholic Church that protects the words spoken during confession. A form of this principle survives in many modern Lutheran churches....
- Priest-penitent privilege in England
- Priest-penitent privilege in FrancePriest-penitent privilege in FrancePriest–penitent privilege in France and the western portion of Europe received public recognition at a very early date owing to the perceived sacredness of the Seal of the Confessional.-Early writings:...
- Confessional privilege in the United StatesConfessional Privilege (United States)In United States law, confessional privilege is a rule of evidence that forbids the inquiry into the content or even existence of certain communications between clergy and communicants....
- John of NepomukJohn of NepomukJohn of Nepomuk is a national saint of the Czech Republic, who was drowned in the Vltava river at the behest of Wenceslaus, King of the Romans and King of Bohemia. Later accounts state that he was the confessor of the queen of Bohemia and refused to divulge the secrets of the confessional...
, the first martyr of the Seal of the Confessional - I ConfessI Confess (film)I Confess is a drama film directed by Alfred Hitchcock, and starring Montgomery Clift as Fr. Michael William Logan, a Catholic priest, Anne Baxter as Ruth Grandfort, and Karl Malden as Inspector Larrue. This was the only film Hitchcock made with these three actors...
, a 1953 Alfred Hitchcock film in which priest-penitent privilege is prominently featured