Folia Theologica et Canonica 11. 33/25 (2022)

Ius canonicum

MANDATORY REPORTING LEGISLATION AND THE SEAL OF CONFESSION... 137

Tertullian (155-220) provides a early witness and detailed description of public penance in his first treatise, which wrote still as Catholic. According to Tertulian, the second penance, paenitentia secunda,62 must be “carried out in some (external) act,” which is expressed in the exolomogesis, the confession of sins, out of which repentance is bom and satisfaction is settled. Tertullian stresses the essential elements of the sacrament of Penance: contrition, confession, satisfaction and absolution; as he says that repentance or contrition is bom out of the confession of sins; that the satisfaction is settled and expressed in the whole public penance, and that the exomologesis makes a sinner pure by self-accusation and absolution.63 (De Paenitentia, 9) Tertullian admits that the performance of public penance is humiliating and that most people try to avoid it, but if they neglect it, they cannot be saved (De Paenitentia, 10). Although it is right that the sinner suffers after committing a sin (De Paenitentia, 11), this is nothing in comparison to the punishment of hell, from which the exomologesis enables a sinner to escape (De Paenitentia, 12).64

The public penance was indispensable for mortal sins (peccata mortifera),6S including the three capital sins. The essential characteristics of the penitential procedure as that attested by Tertullian, Cyprian,66 Origen67 and Augustine68

62 The “paenitentia secunda” means the sacrament of Penance; the first penance is made with the baptism.

63 “[ 1 ] The narrower, then, the sphere of action of this second and only (remaining) repentance, the more laborious is its probation; in order that it may not be exhibited in the conscience alone, but may likewise be carried out in some (external) act. [2] This act, which is more usually expressed and commonly spoken of under a Greek name, is exomologesis, whereby we confess our sins to the Lord, not indeed as if He were ignorant of them, but inasmuch as by confession satisfaction is settled, of confession repentance is bom; by repentance God is appeased. [3] And thus exomologesis is a discipline for man’s prostration and humiliation, enjoining a demeanor calculated to move mercy. With regard also to the very dress and food, [4] it commands (the penitent) to lie in sackcloth and ashes, to cover his body in mourning, to lay his spirit low in sorrows, to exchange for severe treatment the sins which he has committed; moreover, to know no food and drink but such as is plain,- not for the stomach’s sake, to wit, but the soul’s; for the most part, however, to feed prayers on fastings, to groan, to weep and make outcries unto the Lord your God; to bow before the feet of the presbyters, and kneel to God’s dear ones; to enjoin on all the brethren to be ambassadors to bear his deprecatory supplication (before God). [5] All this exomologesis (does), that it may enhance repentance; may honor God by its fear of the (incurred) danger; may, by itself pronouncing against the sinner, stand in the stead of God’s indignation, and by temporal mortification (I will not say frustrate, but) expunge eternal punishments. [6] Therefore, while it abases the man, it raises him; while it covers him with squalor, it renders him cleaner; while it accuses, it excuses; while it condemns, it absolves. The less quarter you give yourself, the more (believe me) will God give you.” (Tertulian, De Paenitentia, 9).

64 See Le Saint, W. R, Tertulian. Treatises on Penance, Introduction, 11.

65 According to Augustine the public penance with excommunication was imposed generally for “peccata mortifera" , cf. Poschmann, B., Das christliche Altertum und die kirchlichen Privatbusse, 226.

66 De lapsis, in: PL IV. 447-510 and Ep. 55: 20.

67 Origen, In Lev. Hom. 14: 2.

68 Augustine, Ep. 265:1 and De civ. D. 20: 9,2.