The Prudent Use
of Confession Privileges
The EditorsWHEN we initiated the discussion of spiritual direction, we confined our own remarks to direction by the ordinary
confessor. As a matter of fact, the Code of Canon Law grants to
religious many privileges of confessing, under certain circumstances, to
other priests. Some of our readers have suggested that, before
concluding the discussion on spiritual direction, we should explain the
prudent use of these privileges according to the mind of the Church.
The suggestion appears very practical. Since the publication of the
Code, much has been written in explanation of the meaning and extent of
these privileges, but comparatively little has been said about their
prudent use. For the sake of clarity, we shall first consider the
confessors of Sisters, then apply our remarks, with the needed
qualifications, to the confessors of religious men.
The Ordinary Confessor
The concept of the ordinary confessor of Sisters, according to the mind
of the Church, is a basic one to this entire subject. He is not to be a
mere confessor. This expression might sound shocking, if taken out of
its context. Penance is a Sacrament; and as a Sacrament it is productive of graces which in themselves are more fruitful for the human
soul than is spiritual counsel. And the greatest work that a priest does
in the confessional is to give absolution. There should be no mistake
about that point; the sacramental value of absolution should never be
placed below spiritual advice, and the first purpose of every penitent
should be to perfect his disposition for the fruitful reception of the
Sacrament.
But religious are not ordinary penitents. They belong to the
spiritual elite of the Church. They are supposed to strive after
perfection; and they are entitled to the means conducive to perfection.
One of these means is the opportunity of having expert spiritual
guidance. True, to some extent this guidance is embodied in their rule,
for the rule contains the plan of a perfect life. Also, guidance is frequently available through their superiors. Despite these helps, however,
all will experience, at least at times, the need of counsel that only a
priest can give.
It is the mind of the Church that in each community of Sisters, this
priestly counsel should be given normally by the ordinary confessor. In
making this legislation, the Church intends to provide the Sisters with
direction that is capable, consistent, and uniform. It should be
capable, because of their special position in the Church; it should be
consistent, because this is generally needed for progress; and it should
be at least relatively uniform because of their uniform manner of
life, and because in their communities they live in very close contact,
and great differences of direction could make for disagreeable
situations.
Such is the ideal. It is not always realized in practice.
Ecclesiastical superiors have no special charism that prevents them
from making mistakes in their appointments; and at times they must
appoint ordinary confessors who they realize do not measure up perfectly
to the canonical standards. Like the rest of us, they cannot give what
they do not have. In these situations the Sisters must be both
fair-minded and patient. If possible, they can avail themselves of the
other privileges given by canon law; when this is impossible, they have
every reason to trust in God.
Extraordinary and Retreat Confessors
The Church also prescribes that Sisters have an extraordinary
confessor, and a practically universal custom provides yet another
confessor at the time of retreat. It may be well to consider just what
use the Sisters are expected to make of these opportunities.
Regarding the extraordinary confessor, it is not expected that
everyone will wish his advice, nor should it be expected that he will
volunteer direction to all. He is given to all to safeguard the
opportunity of the few who may need his help. In a community in which
all find the ordinary confessor satisfactory, the work of the extraordinary could well be limited to hearing the confessions and giving
absolution.
The prudent use of the opportunity of consulting the retreat
confessor is a subject as difficult as it is delicate. Let us begin by
stating that some Sisters need this opportunity very much. They may have
been in a small community all year, without an ordinary or extraordinary
confessor in whom they had confidence and with relatively little opportunity of profiting by the various privileges accorded by canon law.
Perhaps many problems have accumulated: perhaps, too, if they do not get
help during the retreat in planning for the future, then they will never
get it. Sisters belonging to this class should feel perfectly free to
discuss their problems and plans with the retreat confessor; and he, on
his part, should be quite willing to give all the time and help he can.
The case is different with the Sisters who have a good ordinary
confessor during the year. All other things being equal, his guidance
should be sought in preference to that of the retreat confessor. The
Sisters may say, of course, that at time of retreat they make a "yearly
review"; but does this review necessarily bring up new problems? Or
again, they may say that during retreat they must plan for the future,
and that in this planning they will need some guidance. This is true,
but it can be overdone. They might discuss the general notion of this
plan with their ordinary confessor before they leave for retreat. Unless
the retreat is marked by very special inspirations, one can usually
predict ahead of time along what line one is going to need a renovation of spirit. Furthermore, when the plan is made, if one wishes
approbation for it, is it not better to get the approbation from the
priest who knows one and is to guide one in the keeping of it rather
than from a priest one may never see again?
Special Confessor or Director
The foregoing are the confessional opportunities regularly provided
for all. Many will find them sufficient for their needs and ideals. Yet,
there will always be a few who will need the habitual help of another
priest, and many who will rightly desire the opportunity of occasionally
going to another. The Church has provided for both kinds of exceptions
to the general rule; and we can consider now the right use of these
exceptional privileges.
Roughly speaking, those Sisters who wish the habitual help of another
confessor may be divided into two classes that can be exemplified as
follows. Sister A does not wish to go to the ordinary confessor at all;
she wants a substitute confessor for herself. Sister B is willing to
confess to the ordinary confessor at the customary times; but she also
wishes to go to confession periodically (say every week or every month)
to another priest. To the ordinary. Sister B merely makes her
confession; with the second priest, she discusses her spiritual life
more in detail. In other words, Sister B wants an extra confessor, who
is to serve mainly as her spiritual adviser. Cases like these, though
exceptions to the general rule, are not to be branded as
"singularities." Considering the wide differences of human temperament
and human needs, it is not surprising that even an excellent ordinary
confessor will not satisfy everybody. The Code (in canon 520 § 2) takes
cognizance of these diversities, by instructing the local Ordinary to be
gracious in granting the request of such Sisters when they ask for a
special confessor or director.
In making this wise provision, the Church is not catering to the
mere whim or caprice of the Sisters. The latter are to have a serious
supernatural reason for making their request. In general, these reasons
may be summed up as follows: the Sister finds it extraordinarily
difficult to manifest her conscience sincerely to the ordinary
confessor, or she honestly judges that it would be to the greater good
of her soul to have another confessor or director. The law presumes
that the Sisters give the ordinary confessor a fair trial before
requesting another confessor or director.
The canon law does not authorize the Sister to appoint her own
special confessor or director. The appointment should come from the
local Ordinary, upon her request. The request itself might take one of
these two forms. The Sister might merely ask for the special confessor
or director and leave the choice to the local Ordinary; or she might
have a definite priest in mind and ask for him. In the second case she
is not free from personal responsibility in making the choice.
Naturally, the Ordinary would not approve the choice if he knew the man
to be incapable of fulfilling the office, but on the other hand, he is
not always able to discern the hidden motives that might lie behind such
a request. The Sister herself must judge that the choice is really for
her spiritual good.
Extra-confessional Director
What of the Sister who makes her confession to the ordinary
confessor, but who wishes periodically to discuss the affairs of her
soul with another priest, outside the confessional? Note that this case
is different from that of Sister B, previously outlined. Sister B wanted
direction in confession; in the case we are now considering the
direction is entirely separated from the confessional.
A few eminent canonists think that, since the director in this case
is not to serve as confessor to the Sister, the case need not, strictly
speaking, be referred to the local Ordinary.
We do not share this opinion. We think that, since this second priest
is really to serve as the Sister's spiritual director, he should be
appointed by the Ordinary. However, even those who, in a speculative
way, hold the more lenient view on this one point, admit that the case
involves serious difficulties and demands special safeguards.
It is a generally recognized ascetical rule that the confessional
is the proper place for the spiritual guidance of women. This rule is
not absolute. It admits of exceptions; and no doubt there are cases in
which a Sister can receive more apt guidance outside the confessional.
But these exceptions are rare, and the dangers involved should be
recognized. If the Church demands certain qualities of virtue,
prudence, and maturity of the ordinary confessor, with much greater
reason would she demand them of an extra confessional director. If there
is danger of wasting time in the confessional, there is much greater
danger of doing so outside. If an inordinate personal attachment might
arise even from the confessional, there is much more danger of this when
the safeguards of the confessional are abolished.
We wish to be correctly understood in this matter. It is wrong to be
constantly suspecting people; and much harm has come to many earnest
souls through rash suspicions and rumors. But it is foolish, and may be
quite wrong, for Sisters to cherish the notion that, simply because they
wish to discuss their spiritual life, these meetings never involve
danger. In this matter, a bit of self-suspicion at the beginning can
save a great deal of selfreproach at the end. Whatever may be said
theoretically about the need of the local Ordinary's permission for this
extra-confessional director, it is certain that no Sister could adopt
the practice of meeting her self- hosen, extra-confessional director
with- out at least the permission of her own superior. The superior
should weigh this question very carefully. In practice, she could seldom
give a confident judgment without consulting the local Ordinary,
especially when the parties are young and the visits frequent.
Occasional Confessors
The number of Sisters who desire a special confessor or director is
comparatively small; the number of those who might want the opportunity
of occasionally consulting another priest besides the ordinary confessor
is rather large. To guarantee the latter as much liberty of conscience
as possible, the canon law provides for supplementary and occasional
confessors. The supplementary confessors are appointed by the local
Ordinary, assigned to definite houses or groups of houses, and given the
special jurisdiction required for hearing the confessions of religious
women. The religious are free to summon any one of these or the
extraordinary confessor. Not much need be said concerning the prudent
use of this privilege. Since the confessors are designated by the Bishop
himself, it may be presumed that they will be capable men. The principal
danger of abuse would come from the Sister herself, were she to call for
them needlessly, or at a needlessly inopportune time, or perhaps from an
unreasonably long distance.
In a large city, the privilege of the supplementary confessors may
have much practical value; but in general most Sisters will find the
very wide concession of canon 522 more useful.
Canon 522 allows Sisters to take advantage of the opportunity of
confessing to any priest approved in the diocese for the confessions of
women. The priest need not have the special approbation necessary for
the confessors of Sisters. The canon does not give permission to leave
the house or to set aside the order of the house or the prescriptions
of rule; but it does allow the Sisters to take advantage of any
legitimate opportunity of confessing when they are outside the house, as
well as to a priest who happens to be visiting the convent, or even of
calling a priest to the convent. In all cases, the confession must be
made in, a place which conforms with the legislation of the Church for
hearing the confessions of women.
One phrase in canon 522 calls for particular attention here. This
privilege is accorded to the Sister for her "peace of conscience." This
phrase has been discussed and re-discussed by canonists. Authorities
now commonly agree that any confession seriously made satisfies this
demand, in so far as the law is concerned.
But the spirit behind the law must be kept in mind when we are
considering the prudent use of this privilege. Evidently, in framing
this law, the Church did not wish to do away with all the prescriptions
and counsels that she had laid down for the proper direction of Sisters.
Certainly she does not wish by this one canon to set aside the maxims of
sound Catholic asceticism; and most certainly she does not wish to
justify a departure from the more basic and necessary principles of
moral theology.
From both the canonical and ascetical points of view it is a mistake
for a Sister to go to another confessor for advice or to confess things
that naturally call for advice, if her ordinary confessor would prove
equally satisfactory. The difficulty proposed or the matter confessed
may be the very thing that the ordinary confessor should know in order
to give her progressive and helpful direction. Of course, there are
occasions when the ordinary is not available. If, on these occasions,
the Sister consults another confessor, she will be acting according to a
sound ascetical practice if she refers the matter later to her ordinary
confessor.
The mistakes made in the use of this privilege can violate not merely
ascetical principles, but also certain basic principles of moral
theology. Perhaps we can illustrate by an example. Any priest knows that
young people who are growing addicted to certain bad habits are prone to
"shop around"—as the saying goes—for an "easy" confessor. In doing this
they make two serious mistakes. They go from one confessor to another
with the result that none of these transitory confessors can give them
real help; and, when at last they settle on the "easy" one, they choose
him precisely because he does not have the qualities that a helpful confessor should have.
Writing in the Cormmentarium Pro Religiosis for June-July, 1926,
Father van Acken pointed out that some religious who experience
difficulties with regard to the religious life in general or in regard
to one of the vows in particular, are apt to make this same childish
mistake. They need sympathetic direction, it is true, but also expert
and firm direction. Because they fear this, they avail themselves of the
privilege of canon 522 to "shop around" for a confessor who will ask
no questions or make no firm demands of them. This is the gravest of all
the abuses that can result from the imprudent use of the privilege.
Needless to say, the Church never intended this favor to be a source of
the loss of vocation and even a grave danger to the soul. Religious in
extreme difficulties of this kind, more than any others, need the help
of a man who knows the demands of the religious life. If they cannot get
it, then God's grace must be sufficient for them; but if they
deliberately avoid it they expose their souls to extreme peril.
Application to Religious Men
Provisions for confessors of religious men
follow the same general lines as the legislation for Sisters. In lay institutes of men there must be one ordinary and one extraordinary
confessor for each house; and the local Ordinary is to grant a special
confessor to the individual religious who asks for one. The Code is
silent about extraordinary and special confessors for professed members
of clerical institutes; but it seems to be the common practice to provide these. All religious men may confess to their priest superiors who
have confessional jurisdiction; and all have the privilege of confessing
to any priest having the faculties of the diocese, even though not
specially approved for religious.
The prudent use of these privileges is governed by the same general
principles we have explained in treating of the privileges of Sisters.
By way of brief and practical summary, we may say that these
principles are aptly indicated by two words: competence and consistency,
In regard to the principle of competence, religious must bear in mind
that the Church, in allowing them to confess to all priests with
diocesan faculties, does not thereby approve all these priests for the
direction of religious. This applies not only to diocesan priests but
also to members of one's own institute. Some lack the experience, or the
right attitude, or some other quality needed for sure guidance in
certain delicate problems.
To be more concrete in a matter of such great importance, let us
say quite candidly that there are some problems that a young religious
must take particular pains to face and solve honestly. Notable among
these may be mentioned a strongly rebellious spirit, a fundamental
inability to live and work harmoniously with one's brethren, a genuine
weakness in regard to temperance or chastity. To embrace the religious
state permanently and above all to go on to ordination in the face of
serious doubts in such matters is wrong. The competent confessor knows
this and will put the proper alternatives squarely before his penitent.
Another confessor might fail to recognize the case as truly serious, or,
if he does recognize it, might be too hesitant in asserting the
remedy.
The grave results of what is falsely termed "kindness" in this matter
are too well known to need comment. As for the principle of consistency,
we have already indicated that, even in the ordinary affairs of the
spiritual life, it is unwise to shift confessors or directors
needlessly. In serious matters such as those mentioned above, this
shifting will amount to gross imprudence, if it means that a religious
goes from one confessor to another to the extent that even a competent
confessor would not have the opportunity of recognizing a difficulty as
habitual.
Conclusion
Although some of the statements made in this article may sound rather
severe, yet we did not make them with the intention of minimizing the
privileges granted by the Church. Rather, our one desire was to make
these privileges more useful by showing how they fit into the entire
scheme of canonical legislation and approved asceticism.
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