On the contrary, is the authority of the text (Sent. iv, D, 17).
I answer that, Just as Baptism is a necessary sacrament, so is Penance. And Baptism, through being a necessary sacrament has a twofold minister: one whose duty it is to baptize, in virtue of his office, viz. the priest, and another, to whom the conferring of Baptism is committed, in a case of necessity. In like manner the minister of Penance, to whom, in virtue of his office, confession should be made, is a priest; but in a case of necessity even a layman may take the place of a priest, and hear a person's confession.
Reply to Objection 1: In the sacrament of Penance there is not only something on the part of the minister, viz. the absolution and imposition of satisfaction, but also something on the part of the recipient, which is also essential to the sacrament, viz. contrition and confession. Now satisfaction originates from the minister in so far as he enjoins it, and from the penitent who fulfills it; and, for the fulness of the sacrament, both these things should concur when possible. But when there is reason for urgency, the penitent should fulfill his own part, by being contrite and confessing to whom he can; and although this person cannot perfect the sacrament, so as to fulfill the part of the priest by giving absolution, yet this defect is supplied by the High Priest. Nevertheless confession made to a layman, through lack* of a priest, is quasi-sacramental, although it is not a perfect sacrament, on account of the absence of the part which belongs to the priest. [*Here and in the Reply to OBJ[2] the Leonine edition reads "through desire for a priest".]
Reply to Objection 2: Although a layman is not the judge of the person who confesses to him, yet, on account of the urgency, he does take the place of a judge over him, absolutely speaking, in so far as the penitent submits to him, through lack of a priest.
Reply to Objection 3: By means of the sacraments man must needs be reconciled not only to God, but also to the Church. Now he cannot be reconciled to the Church, unless the hallowing of the Church reach him. In Baptism the hallowing of the Church reaches a man through the element itself applied externally, which is sanctified by "the word of life" ( Eph. 5:26 ), by whomsoever it is conferred: and so when once a man has been baptized, no matter by whom, he must not be baptized again. On the other hand, in Penance the hallowing of the Church reaches man by the minister alone, because in that sacrament there is no bodily element applied externally, through the hallowing of which grace may be conferred. Consequently although the man who, in a case of necessity, has confessed to a layman, has received forgiveness from God, for the reason that he fulfilled, so far as he could, the purpose which he conceived in accordance with God's command, he is not yet reconciled to the Church, so as to be admitted to the sacraments, unless he first be absolved by a priest, even as he who has received the Baptism of desire, is not admitted to the Eucharist. Wherefore he must confess again to a priest, as soon as there is one at hand, and the more so since, as stated above (ad 1), the sacrament of Penance was not perfected, and so it needs yet to be perfected, in order that by receiving the sacrament, the penitent may receive a more plentiful effect, and that he may fulfill the commandment about receiving the sacrament of Penance.
Whether, outside a case of necessity, anyone who is not a priest may hear the confession of venial sins?
Objection 1: It would seem that, outside a case of necessity, no one but a priest may hear the confession of venial sins. For the dispensation of a sacrament is committed to a layman by reason of necessity. But the confession of venial sins is not necessary. Therefore it is not committed to a layman.
Objection 2: Further, Extreme Unction is ordained against venial sin, just as Penance is. But the former may not be given by a layman, as appears from James 5:14. Therefore neither can the confession of venial sins be made to a layman.
On the contrary, is the authority of Bede (on James 5:16, "Confess . . . one to another") quoted in the text (Sent. iv, D, 17).
I answer that, By venial sin man is separated neither from God nor from the sacraments of the Church: wherefore he does not need to receive any further grace for the forgiveness of such a sin, nor does he need to be reconciled to the Church. Consequently a man does not need to confess his venial sins to a priest. And since confession made to a layman is a sacramental, although it is not a perfect sacrament, and since it proceeds from charity, it has a natural aptitude to remit sins, just as the beating of one's breast, or the sprinkling of holy water (cf. TP, Q[87], A[3]).
This suffices for the Reply to the First Objection, because there is no need to receive a sacrament for the forgiveness of venial sins. and a sacramental, such as holy water or the like, suffices for the purpose.
Reply to Objection 2: Extreme Unction is not given directly as a remedy for venial sin, nor is any other sacrament.
Whether it is necessary for one to confess to one's own priest?
Objection 1: It would seem that it is nol necessary to confess to one's own priest. For Gregory [*Cf. Can. Ex auctoritate xvi, Q[1]] says: "By our apostolic authority and in discharge of our solicitude we have decreed that priests, who as monks imitate the ex. ample of the apostles, may preach, baptize, give communion, pray for sinners, impose penances, and absolve from sins." Now monks are not the proper priests of anyone, since they have not the care of souls. Since, therefore confession is made for the sake of absolution it suffices for it to be made to any priest.
Objection 2: Further, the minister of this sacrament is a priest, as also of the Eucharist. But any priest can perform the Eucharist. Therefore any priest can administer the sacrament of Penance. Therefore there is no need to confess to one's own priest.
Objection 3: Further, when we are bound to one thing in particular it is not left to our choice. But the choice of a discreet priest is left to us as appears from the authority of Augustine quoted in the text (Sent. ix, D, 17): for he says in De vera et falsa Poenitentia [*Work of an unknown author]: "He who wishes to confess his sins, in order to find grace, must seek a priest who knows how to loose and to bind." Therefore it seems unnecessary to confess to one's own priest.
Objection 4: Further, there are some, such as prelates, who seem to have no priest of their own, since they have no superior: yet they are bound to confession. Therefore a man is not always bound to confess to his own priest.
Objection 5: Further, "That which is instituted for the sake of charity, does not militate against charity," as Bernard observes (De Praecept. et Dispens. ii). Now confession, which was instituted for the sake of charity, would militate against charity, if a man were bound to confess to any particular priest: e.g. if the sinner know that his own priest is a heretic, or a man of evil influence, or weak and prone to the very sin that he wishes to confess to him, or reasonably suspected of breaking the seal of confession, or if the penitent has to confess a sin committed against his confessor. Therefore it seems that one need not always confess to one's own priest.
Objection 6: Further, men should not be straitened in matters necessary for salvation, lest they be hindered in the way of salvation. But it seems a great inconvenience to be bound of necessity to confess to one particular man, and many might be hindered from going to confession, through either fear, shame, or something else of the kind. Therefore, since confession is necessary for salvation, men should not be straitened, as apparently they would be, by having to confess to their own priest.
On the contrary, stands a decree of Pope Innocent III in the Fourth Lateran Council (Can. 21), who appointed "all of either sex to confess once a year to their own priest."
Further, as a bishop is to his diocese, so is a priest to his parish. Now it is unlawful, according to canon law (Can. Nullus primas ix, Q[2]; Can. Si quis episcoporum xvi, Q[5]), for a bishop to exercise the episcopal office in another diocese. Therefore it is not lawful for one priest to hear the confession of another's parishioner.
I answer that, The other sacraments do not consist in an action of the recipient, but only in his receiving something, as is evident with regard to Baptism and so forth. though the action of the recipient is required as removing an obstacle, i.e. insincerity, in order that he may receive the benefit of the sacrament, if he has come to the use of his free-will. On the other hand, the action of the man who approaches the sacrament of Penance is essential to the sacrament, since contrition, confession, and satisfaction, which are acts of the penitent, are parts of Penance. Now our actions, since they have their origin in us, cannot be dispensed by others, except through their command. Hence whoever is appointed a dispenser of this sacrament, must be such as to be able to command something to be done. Now a man is not competent to command another unless he have jurisdiction over him. Consequently it is essential to this sacrament, not only for the minister to be in orders, as in the case of the other sacraments, but also for him to have jurisdiction: wherefore he that has no jurisdiction cannot administer this sacrament any more than one who is not a priest. Therefore confession should be made not only to a priest, but to one's own priest; for since a priest does not absolve a man except by binding him to do something, he alone can absolve, who, by his command, can bind the penitent to do something.
Reply to Objection 1: Gregory is speaking of those monks who have jurisdiction, through having charge of a parish; about whom some had maintained that from the very fact that they were monks, they could not absolve or impose penance, which is false.
Reply to Objection 2: The sacrament of the Eucharist does not require the power of command over a man, whereas this sacrament does, as stated above: and so the argument proves nothing. Nevertheless it is not lawful to receive the Eucharist from another than one's own priest, although it is a real sacrament that one receives from another.
Reply to Objection 3: The choice of a discreet priest is not left to us in such a way that we can do just as we like; but it is left to the permission of a higher authority, if perchance one's own priest happens to be less suitable for applying a salutary remedy to our sins.