Seal of the Confessional and the Anglican Church
Encyclopedia
The 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. This principle should not be confused with the rarer practice of Lay confession
, nor with the public confession of sins which is an element of most eucharistic liturgies throughout the Anglican Communion. The 'Seal of the Confessional' refers specifically to the private confession of sins by an individual, in the presence of a priest, the form of which is regulated by the Book of Common Prayer
(1662) and later liturgical sources.
of Gratian
who compiled the edicts of previous councils and the principles of Church law which he published about 1151, we find the following declaration of the law as to the seal of confession:
- and he goes on to say that the violator of this law should be made a life-long, ignominious wanderer.
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 great fifteenth 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.
in England was transformed by the advent of the English Reformation
. The reign of King Henry VIII
saw the advent of an independent Church of England
, constituted with the king as supreme head. The Statute of the Six Articles, passed in 1540, declared that "auricular confession is expedient and necessary to be retained and continued, used and frequented in the Church of God". Therefore, no reason to think that the Seal of Confession would not have been observed in the Church of England.
that were made in 1603. Canon 113 deals with the suppression of evil deeds by the reporting thereof by the persons concerned with the administration of each parish. It provides for the presentment to the ordinary
by parson
s, vicar
s, or curate
s of the crime
s and iniquities committed in the parish. It concludes with the following reservation:
There are two points to be observed in the canon: First, there is an express exemption from the duty of secrecy where such duty should conflict with one imposed by the civil power under a certain penalty. There does not appear to have been, in fact, at that time any law which made the mere concealment of any crime, including treason
, an offence punishable with forfeiture of life. This in no way affects the principle laid down in the canon. The exemption is a marked departure from the pre-Reformation ecclesiastical law on the subject as shown by the pre-Reformation English canons and otherwise. Second, even apart from the exemption, the language used to declare the injunction bears a marked contrast to the language used to declare the secrecy in pre-Reformation days. It is evident that secrecy is not quasi of the essence of confession, as William Lyndwood had declared it to be at the time which he wrote. The notion of secrecy as explained by the Fourth Lateran Council, and the English Councils of Durham and Oxford - which made stringent decrees - seems to have been ended by the English Reformation.
It results from the Submission of the Clergy Act
that a canon is void if it contravenes common or statute law, and, accordingly, it becomes void if at any subsequent period a statute inconsistent with it is passed. It does not seem that there was in 1603 any statute to which canon 113 was necessarily contrariant or that any has been passed since. When we have to decide whether or not it conflicted with the common law
it must be remembered that many items of the common law must have disappeared or have undergone considerable alteration by such a change in the whole national life as that which was caused by the English Reformation. Rules of canon law and certain precepts of the Church had, undoubtedly, formed some of the stones in the growing fabric of English common law. So, where the practices to which these rules or precepts applied were repudiated or considerably modified one must expect a corresponding cessation or modification of the common law relating to it. Of many such instances confession would be one. Even the established Church of England did not claim for confession absolute inviolability. That said, there has never been any legislation in England, one way or the other, about the disclosure in evidence of religious confession.
If the privilege had ceased to be part of the common law
, legislation would be necessary to re-establish it. If it survived in the common law
it could only have done so through the allowance of it in the Church of England
.
differ from country to country. Similarly, the different member churches of the Anglican Communion each have their own Canons, or other governing regulations. It is also true that the practice of private confession has a varying degree of importance in the different churches of the Anglican Communion; although all base their doctrinal position ultimately upon the doctrine expressed in the Book of Common Prayer
(1662) which urges the use of private confessionby all who "cannot quiet his own conscience" by the means of "self-examination, [public] confession and repentance". Despite the huge range of attitudes towards the practice, there is an understanding among the clergy throughout Anglicanism that there is an inviolable confidence between the individual priest and the penitent.
The 21st Century has presented its own set of problems and questions. The Church of England has found itself responding to social pressures for greater self-regulation of professions including such matters as a) good practice in pastoral and counseling relationships, b) dealing with data protection issues relating to the keeping of records and c) the importance of clergy being aware of legal obligations on them. On the one hand privacy concerns in the secular world has meant that personal information is to be regarded as presumed confidential. On the other hand, child abuse awareness has meant that clergy must be aware when they are under a duty to disclose information, such as where the protection of children is involved. At the same time, the absolute confidentiality of the 'seal of the confessional' is upheld.
provision entitled "Reconciliation and Restoration" includes two forms of service for "Reconciliation of a Penitent". The notes preceding these services state "The ministry of reconciliation requires that what is said in confession to a priest may not be disclosed". The Book of Alternative Services
of the Anglican Church of Canada
states: "The secrecy of a confession of sin is morally absolute for the confessor, and must under no circumstances be broken". In the Anglican Church of Southern Africa there are two rites for confession and absolution provided in the official liturgical resource 'An Anglican Prayer Book'. The preface to these states "Every priest in exercising this ministry of reconciliation, committed by Christ to his Church, is solemnly bound to observe secrecy concerning all those matters which are confessed before him".
. This is a detailed legal analysis of the duties expected of a priest of the Anglican Church of Australia re the seal of the confessional and a confession of child sex abuse.
. Detailed guidelines of the Anglican Church of Australia with regards to the seal of the confessional and child sex abuse.
Confession
This article is for the religious practice of confessing one's sins.Confession is the acknowledgment of sin or wrongs...
. 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. This principle should not be confused with the rarer practice 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...
, nor with the public confession of sins which is an element of most eucharistic liturgies throughout the Anglican Communion. The 'Seal of the Confessional' refers specifically to the private confession of sins by an individual, in the presence of a priest, the form of which is regulated by the Book of Common Prayer
Book of Common Prayer
The Book of Common Prayer is the short title of a number of related prayer books used in the Anglican Communion, as well as by the Continuing Anglican, "Anglican realignment" and other Anglican churches. The original book, published in 1549 , in the reign of Edward VI, was a product of the English...
(1662) and later liturgical sources.
To the English Reformation
In the DecretumDecretum 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...
of Gratian
Gratian (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 councils and the principles of Church law which he published about 1151, we find the following declaration of the law as to the seal of confession:
- and he goes on to say that the violator of this law should be made a life-long, ignominious wanderer.
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 great fifteenth 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.
Henry VIII and the Reformation
The whole system of spiritual jurisdiction and the administration of canon lawCanon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
in England was transformed by the advent of the English Reformation
English Reformation
The English Reformation was the series of events in 16th-century England by which the Church of England broke away from the authority of the Pope and the Roman Catholic Church....
. The reign of King Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
saw the advent of an independent Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, constituted with the king as supreme head. The Statute of the Six Articles, passed in 1540, declared that "auricular confession is expedient and necessary to be retained and continued, used and frequented in the Church of God". Therefore, no reason to think that the Seal of Confession would not have been observed in the Church of England.
Canon 113
Historically, the only occasion in which the confidentiality of a confession was imposed as a duty by the Church of England seems to have been in the canonsCanon law
Canon law is the body of laws & regulations made or adopted by ecclesiastical authority, for the government of the Christian organization and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern and Oriental Orthodox churches, and the Anglican Communion of...
that were made in 1603. Canon 113 deals with the suppression of evil deeds by the reporting thereof by the persons concerned with the administration of each parish. It provides for the presentment to the ordinary
Ordinary
In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws...
by parson
Parson
In the pre-Reformation church, a parson was the priest of an independent parish church, that is, a parish church not under the control of a larger ecclesiastical or monastic organization...
s, vicar
Vicar
In the broadest sense, a vicar is a representative, deputy or substitute; anyone acting "in the person of" or agent for a superior . In this sense, the title is comparable to lieutenant...
s, or curate
Curate
A curate is a person who is invested with the care or cure of souls of a parish. In this sense "curate" correctly means a parish priest but in English-speaking countries a curate is an assistant to the parish priest...
s of the crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
s and iniquities committed in the parish. It concludes with the following reservation:
There are two points to be observed in the canon: First, there is an express exemption from the duty of secrecy where such duty should conflict with one imposed by the civil power under a certain penalty. There does not appear to have been, in fact, at that time any law which made the mere concealment of any crime, including treason
Treason
In law, treason is the crime that covers some of the more extreme acts against one's sovereign or nation. Historically, treason also covered the murder of specific social superiors, such as the murder of a husband by his wife. Treason against the king was known as high treason and treason against a...
, an offence punishable with forfeiture of life. This in no way affects the principle laid down in the canon. The exemption is a marked departure from the pre-Reformation ecclesiastical law on the subject as shown by the pre-Reformation English canons and otherwise. Second, even apart from the exemption, the language used to declare the injunction bears a marked contrast to the language used to declare the secrecy in pre-Reformation days. It is evident that secrecy is not quasi of the essence of confession, as William Lyndwood had declared it to be at the time which he wrote. The notion of secrecy as explained by the Fourth Lateran Council, and the English Councils of Durham and Oxford - which made stringent decrees - seems to have been ended by the English Reformation.
It results from the Submission of the Clergy Act
Submission of the Clergy
The Submission of the Clergy was a process by which the Church of England gave up their power to formulate church laws without the King's licence and assent. It was first passed by the Convocation of Canterbury in 1532 and then by the Reformation Parliament in 1534...
that a canon is void if it contravenes common or statute law, and, accordingly, it becomes void if at any subsequent period a statute inconsistent with it is passed. It does not seem that there was in 1603 any statute to which canon 113 was necessarily contrariant or that any has been passed since. When we have to decide whether or not it conflicted with the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
it must be remembered that many items of the common law must have disappeared or have undergone considerable alteration by such a change in the whole national life as that which was caused by the English Reformation. Rules of canon law and certain precepts of the Church had, undoubtedly, formed some of the stones in the growing fabric of English common law. So, where the practices to which these rules or precepts applied were repudiated or considerably modified one must expect a corresponding cessation or modification of the common law relating to it. Of many such instances confession would be one. Even the established Church of England did not claim for confession absolute inviolability. That said, there has never been any legislation in England, one way or the other, about the disclosure in evidence of religious confession.
If the privilege had ceased to be part of the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
, legislation would be necessary to re-establish it. If it survived in the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
it could only have done so through the allowance of it in the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
.
International variation
The Anglican Church is an international Communion, and laws concerning priest-penitent privilegePriest-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...
differ from country to country. Similarly, the different member churches of the Anglican Communion each have their own Canons, or other governing regulations. It is also true that the practice of private confession has a varying degree of importance in the different churches of the Anglican Communion; although all base their doctrinal position ultimately upon the doctrine expressed in the Book of Common Prayer
Book of Common Prayer
The Book of Common Prayer is the short title of a number of related prayer books used in the Anglican Communion, as well as by the Continuing Anglican, "Anglican realignment" and other Anglican churches. The original book, published in 1549 , in the reign of Edward VI, was a product of the English...
(1662) which urges the use of private confessionby all who "cannot quiet his own conscience" by the means of "self-examination, [public] confession and repentance". Despite the huge range of attitudes towards the practice, there is an understanding among the clergy throughout Anglicanism that there is an inviolable confidence between the individual priest and the penitent.
Church of England legislation
In the Church of England, when new Canons were introduced in 1969, they repealed most of the Canons of 1604, but Canon 113 (see above) was left unrepealed, and remains in force. The Guidelines for the Professional Conduct of the Clergy (2003), which are currently in force throughout the Church of England, state at section 7.2 "There can be no disclosure of what is confessed to a priest. This principle holds even after the death of the penitent. The priest may not refer to what has been learnt in confession, even to the penitent, unless explicitly permitted."; and add at section 7.4 "If a penitent's behaviour gravely threatens his or her well-being or that of others, the priest, while advising action on the penitent's part, must still keep the confidence".The 21st Century has presented its own set of problems and questions. The Church of England has found itself responding to social pressures for greater self-regulation of professions including such matters as a) good practice in pastoral and counseling relationships, b) dealing with data protection issues relating to the keeping of records and c) the importance of clergy being aware of legal obligations on them. On the one hand privacy concerns in the secular world has meant that personal information is to be regarded as presumed confidential. On the other hand, child abuse awareness has meant that clergy must be aware when they are under a duty to disclose information, such as where the protection of children is involved. At the same time, the absolute confidentiality of the 'seal of the confessional' is upheld.
Liturgical provision
Anglican liturgical resources, from around the world, make reference to the requirement of secrecy and the Seal of the Confessional. In the Church of England, the Common WorshipCommon Worship
Common Worship is the name given to the series of services authorised by the General Synod of the Church of England and launched on the first Sunday of Advent in 2000. It represents the most recent stage of development of the Liturgical Movement within the Church and is the successor to the...
provision entitled "Reconciliation and Restoration" includes two forms of service for "Reconciliation of a Penitent". The notes preceding these services state "The ministry of reconciliation requires that what is said in confession to a priest may not be disclosed". The Book of Alternative Services
Book of Alternative Services
The Book of Alternative Services is the contemporary, inclusive-language liturgical book used alongside the Book of Common Prayer in most parishes of the Anglican Church of Canada...
of the Anglican Church of Canada
Anglican Church of Canada
The Anglican Church of Canada is the Province of the Anglican Communion in Canada. The official French name is l'Église Anglicane du Canada. The ACC is the third largest church in Canada after the Roman Catholic Church and the United Church of Canada, consisting of 800,000 registered members...
states: "The secrecy of a confession of sin is morally absolute for the confessor, and must under no circumstances be broken". In the Anglican Church of Southern Africa there are two rites for confession and absolution provided in the official liturgical resource 'An Anglican Prayer Book'. The preface to these states "Every priest in exercising this ministry of reconciliation, committed by Christ to his Church, is solemnly bound to observe secrecy concerning all those matters which are confessed before him".
See also
- Seal of the Confessional and the Roman Catholic Church
- 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 the UKPriest-penitent privilege in the UKThe doctrine of priest–penitent privilege does not appear to apply in English law. The orthodox view is that under the law of England and Wales privileged communication exists only in the context of legal advice obtained from a professional adviser. A statement of the law on priest–penitent...
Further reading
Chronological order of publication (oldest first). This is a detailed legal analysis of the duties expected of a priest of the Anglican Church of Australia re the seal of the confessional and a confession of child sex abuse.
. Detailed guidelines of the Anglican Church of Australia with regards to the seal of the confessional and child sex abuse.