Reply to Objection 4: Since it is the duty of prelates to dispense the sacraments, which the clean alone should handle, they are allowed by law (De Poenit. et Remiss., Cap. Ne pro dilatione) to choose a priest for their confessor; who in this respect is the prelate's superior; even as one physician is cured by another, not as a physician but as a patient.
Reply to Objection 5: In those cases wherein the penitent has reason to fear some harm to himself or to the priest by reason of his confessing to him, he should have recourse to the higher authority, or ask permission of the priest himself to confess to another; and if he fails to obtain permission, the case is to be decided as for a man who has no priest at hand; so that he should rather choose a layman and confess to him. Nor does he disobey the law of the Church by so doing, because the precepts of positive law do not extend beyond the intention of the lawgiver, which is the end of the precept, and in this case, is charity, according to the Apostle ( 1 Tim. 1:5 ). Nor is any slur cast on the priest, for he deserves to forfeit his privilege, for abusing the power intrusted to him.
Reply to Objection 6: The necessity of confessing to one's own priest does not straiten the way of salvation, but determines it sufficiently. A priest, however, would sin if he were not easy in giving permission to confess to another, because many are so weak that they would rather die without confession than confess to such a priest. Wherefore those priests who are too anxious to probe the consciences of their subjects by means of confession, lay a snare of damnation for many, and consequently for themselves.
Whether it is lawful for anyone to confess to another than his own priest, in virtue of a privilege or a command given by a superior?
Objection 1: It would seem that it is not lawful for anyone to confess to another than his own priest, even in virtue of a privilege or command given by a superior. For no privilege should be given that wrongs a third party. Now it would be prejudicial to the subject's own priest, if he were to confess to another. Therefore this cannot be allowed by a superior's privilege, permission, or command.
Objection 2: Further, that which hinders the observance of a Divine command cannot be the subject of a command or privilege given by man. Now it is a Divine command to the rectors of churches to "know the countenance of their own cattle" ( Prov. 27:23 ); and this is hindered if another than the rector hear the confession of his subjects. Therefore this cannot be prescribed by any human privilege or command.
Objection 3: Further, he that hears another's confession is the latter's own judge, else he could not bind or loose him. Now one man cannot have several priests or judges of his own, for then he would be bound to obey several men, which would be impossible, if their commands were contrary or incompatible. Therefore one may not confess to another than one's own priest, even with the superior's permission.
Objection 4: Further, it is derogatory to a sacrament, or at least useless, to repeat a sacrament over the same matter. But he who has confessed to another priest, is bound to confess again to his own priest, if the latter requires him to do so, because he is not absolved from his obedience, whereby he is bound to him in this respect. Therefore it cannot be lawful for anyone to confess to another than his own priest.
On the contrary, He that can perform the actions of an order can depute the exercise thereof to anyone who has the same order. Now a superior, such as a bishop, can hear the confession of anyone belonging to a priest's parish, for sometimes he reserves certain cases to himself, since he is the chief rector. Therefore he can also depute another priest to hear that man.
Further, a superior can do whatever his subject can do. But the priest himself can give his parishioner permission to confess to another. Much more, therefore, can his superior do this.
Further, the power which a priest has among his people, comes to him from the bishop. Now it is through that power that he can hear confessions. Therefore, in like manner, another can do so, to whom the bishop gives the same power.
I answer that, A priest may be hindered in two ways from hearing a man's confession: first, through lack of jurisdiction; secondly, through being prevented from exercising his order, as those who are excommunicate, degraded, and so forth. Now whoever has jurisdiction, can depute to another whatever comes under his jurisdiction; so that if a priest is hindered from hearing a man's confession through want of jurisdiction, anyone who has immediate jurisdiction over that man, priest, bishop, or Pope, can depute that priest to hear his confession and absolve him. If, on the other hand, the priest cannot hear the confession, on account of an impediment to the exercise of his order, anyone who has the power to remove that impediment can permit him to hear confessions.
Reply to Objection 1: No wrong is done to a person unless what is taken away from him was granted for his own benefit. Now the power of jurisdiction is not granted a man for his own benefit, but for the good of the people and for the glory of God. Wherefore if the higher prelates deem it expedient for the furthering of the people's salvation and God's glory, to commit matters of jurisdiction to others, no wrong is done to the inferior prelates, except to those who "seek the things that are their own; not the things that are Jesus Christ's" ( Phil. 2:21 ), and who rule their flock, not by feeding it, but by feeding on it.
Reply to Objection 2: The rector of a church should "know the countenance of his own cattle" in two ways. First, by an assiduous attention to their external conduct, so as to watch over the flock committed to his care: and in acquiring this knowledge he should not believe his subject, but, as far as possible, inquire into the truth of facts. Secondly, by the manifestation of confession; and with regard to this knowledge, he cannot arrive at any greater certainty than by believing his subject, because this is necessary that he may help his subject's conscience. Consequently in the tribunal of confession, the penitent is believed whether he speak for himself or against himself, but not in the court of external judgment: wherefore it suffices for this knowledge that he believe the penitent when he says that he has confessed to one who could absolve him. It is therefore clear that this knowledge of the flock is not hindered by a privilege granted to another to hear confessions.
Reply to Objection 3: It would be inconvenient, if two men were placed equally over the same people, but there is no inconvenience if over the same people two are placed one of whom is over the other. In this way the parish priest, the bishop, and the Pope are placed immediately over the same people, and each of them can commit matters of jurisdiction to some other. Now a higher superior delegates a man in two ways: first, so that the latter takes the superior's place, as when the Pope or a bishop appoints his penitentiaries; and then the man thus delegated is higher than the inferior prelate, as the Pope's penitentiary is higher than a bishop, and the bishop's penitentiary than a parish priest, and the penitent is bound to obey the former rather than the latter. Secondly, so that the delegate is appointed the coadjutor of this other priest; and since a co-adjutor is subordinate to the person he is appointed to help, he holds a lower rank, and the penitent is not so bound to obey him as his own priest.
Reply to Objection 4: No man is bound to confess sins that he has no longer. Consequently, if a man has confessed to the bishop's penitentiary, or to someone else having faculties from the bishop, his sins are forgiven both before the Church and before God, so that he is not bound to confess them to his own priest, however much the latter may insist: but on account of the Ecclesiastical precept (De Poenit. et Remiss., Cap. Omnis utriusque) which prescribes confession to be made once a year to one's own priest, he is under the same obligation as one who has committed none but venial sins. For such a one, according to some, is bound to confess none but venial sins, or he must declare that he is free from mortal sin, and the priest, in the tribunal of conscience, ought, and is bound, to believe him. If, however, he were bound to confess again, his first confession would not be useless, because the more priests one confesses to, the more is the punishment remitted, both by reason of the shame in confessing, which is reckoned as a satisfactory punishment, and by reason of the power of the keys: so that one might confess so often as to be delivered from all punishment. Nor is repetition derogatory to a sacrament, except in those wherein there is some kind of sanctification, either by the impressing of a character, or by the consecration of the matter, neither of which applies to Penance. Hence it would be well for him who hears confessions by the bishop's authority, to advise the penitent to confess to his own priest, yet he must absolve him, even if he declines to do so.
Whether a penitent, at the point of death, can be absolved by any priest?
Objection 1: It would seem that a penitent, at the point of death, cannot be absolved by any priest. For absolution requires jurisdiction, as stated above (A[5]). Now a priest does not acquire jurisdiction over a man who repents at the point of death. Therefore he cannot absolve him.
Objection 2: Further, he that receives the sacrament of Baptism, when in danger of death, from another than his own priest, does not need to be baptized again by the latter. If, therefore, any priest can absolve, from any sin, a man who is in danger of death, the penitent, if he survive the danger, need not go to his own priest; which is false, since otherwise the priest would not "know the countenance of his cattle."
Objection 3: Further, when there is danger of death, Baptism can be conferred not only by a strange priest, but also by one who is not a priest. But one who is not a priest can never absolve in the tribunal of Penance. Therefore neither can a priest absolve a man who is not his subject, when he is in danger of death.
On the contrary, Spiritual necessity is greater than bodily necessity. But it is lawful in a case of extreme necessity, for a man to make use of another's property, even against the owner's will, in order to supply a bodily need. Therefore in danger of death, a man may be absolved by another than his own priest, in order to supply his spiritual need.
Further, the authorities quoted in the text prove the same (Sent. iv, D, 20, Cap. Non Habet).
I answer that, If we consider the power of the keys, every priest has power over all men equally and over all sins: and it is due to the fact that by the ordination of the Church, he has a limited jurisdiction or none at all, that he cannot absolve all men from all sins. But since "necessity knows no law" [*Cap. Consilium, De observ. jejun.; De reg. jur. (v, Decretal)] in cases of necessity the ordination of the Church does not hinder him from being able to absolve, since he has the keys sacramentally: and the penitent will receive as much benefit from the absolution of this other priest as if he had been absolved by his own. Moreover a man can then be absolved by any priest not only from his sins, but also from excommunication, by whomsoever pronounced, because such absolution is also a matter of that jurisdiction which by the ordination of the Church is con. fined within certain limits.
Reply to Objection 1: One person may act on the jurisdiction of another according to the latter's will, since matters of jurisdiction can be deputed. Since, therefore, the Church recognizes absolution granted by any priest at the hour of death, from this very fact a priest has the use of jurisdiction though he lack the power of jurisdiction.
Reply to Objection 2: He needs to go to his own priest, not that he may be absolved again from the sins, from which he was absolved when in danger of death, but that his own priest may know that he is absolved. In like manner, he who has been absolved from excommunication needs to go to the judge, who in other circumstances could have absolved him, not in order to seek absolution, but in order to offer satisfaction.