Seal Of Confession

[BeenaBobba]

Hello,

A friend and I just finished watching an episode of [i]Law and Order[/i]. In the episode, one of the detectives admonished a priest because he did not break the seal of confession to protect children from becoming molested. Now, I know that the seal of confession can never be broken. If, however, a man confessed that he was going to keep on raping and murdering, that would render the confession invalid. In such a case, would a priest be able to report the man to the civil authorities? Also, I was wondering the specific, in-depth reason(s) why a priest would not be able to report a man who's said he'd keep on killing. Of course, I'll submit to the Church's teaching on this, but my friend and I were just wondering the reasons why.

My friend requests that this is answered by a priest. Can you refer us to the relevant Church documents as well?

Thanks,

Jennifer

[cappie]

The Law of the Seal of Confession

In the "Decretum" of the Gratian who compiled the edicts of previous councils and the principles of Church law which he published about 1151, we find (secunda pars, dist. VI, c. II) the following declaration of the law as to the seal of confession: "Deponatur sacerdos qui peccata p nitentis publicare præsumit", i.e., "Let the priest who dares to make known the sins of his penitent be deposed", 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 Lateran Council (1215), binding on the whole Church, lays down the obligation of secrecy in the following words: "Let the priest absolutely beware that he does not by word or sign or by any manner whatever in any way betray the sinner: but if he should happen to need wiser counsel let him cautiously seek the same without any mention of person. For whoever shall dare to reveal a sin disclosed to him in the tribunal of penance we decree that he shall be not only deposed from the priestly office but that he shall also be sent into the confinement of a monastery to do perpetual penance" (see Hefele-Leclercq, "Hist. des Conciles" at the year 1215; also Mansi or Harduin, "Coll. conciliorum"). It is to be noted that neither this canon nor the law of the "Decretum" purports to enact for the first time the secrecy of confession. In a context cited further on the great fifteenth-century English canonist, 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.)

This is from The Suma of St Thomas.

[url="http://www.newadvent.org/summa/501100.htm"] Seal of Confession[/url]

The relevant Canon today is:

Can. 983 §1 The sacramental seal is inviolable. Accordingly, it is absolutely wrong for a confessor in any way to betray the penitent, for any reason whatsoever, whether by word or in any other fashion.

Can. 984 §1 The confessor is wholly forbidden to use knowledge acquired in confession to the detriment of the penitent, even when all danger of disclosure is excluded.

§2 A person who is in authority may not in any way, for the purpose of external governance, use knowledge about sins which has at any time come to him from the hearing of confession.

During the drafting of this canon a suggestion that an exception be made was rejected precisely because no one could judge in such a dangerous matter.

One certain principle which emerges from Cann 983-984 is that information gained in the confessional should be regarded as not having been gained at all. This include a confession that is only commenced, a sacrilegious confession and one in which absolution is refused or deferred.