The scandals of the confessional were no new source of tribulation to

the church and the people. No sooner had the early custom of public and

lay confession tended to fall into the hands of the priesthood than it

was found necessary to call attention to the dangers thence arising.

The first council of Toledo, in 398, forbids any familiarity between

the virgins dedicated to God and their confessors.[1488] About the year

500, Symmachus calls attention to the spiritual affinity contracted

between the confessor and his penitent, rendering the latter his

daughter; he alludes to Silvester as having denounced guilty relations

between them, and proceeds to decree not only deposition in such cases,

but life-long penitence.[1489] As sacerdotal confession gradually

became customary, a decretal was forged—whether to give additional

authority to the practice, or to impress upon the minds of confessors

the necessity of prudence—by which the name of Celestin I. was used for

a regulation confiscating all the possessions of the female delinquent

and confining her in a monastery for life, while the seducer was

warned that such sin with his spiritual daughter amounted to a grave

case of adultery, for which he must be deposed and undergo penance for

twelve years, provided, always, that the facts had become known to the

people,[1490] thus indicating that scandal rather than sin was the

danger most dreaded.

It was inevitable that this trouble should continue, as we have seen it

do throughout the whole history of a celibate priesthood.[1491] That it

was the subject of frequent and indignant reprehension on the part of

those who sought to elevate and purify the church we may well believe.

Calixtus II. freely assumes the perdition of the priest who thus

betrays the sacred confidence reposed in him, denouncing him as a lion

devouring sheep, as a bear attacking a traveller who has lost his way,

as a fowler spreading lures for birds and attracting them with sweet

sounds, while the woman he treats not as a partner in guilt, but as an

unfortunate who finds destruction where she is seeking salvation.[1492]

It is observable here that the fault is assumed to lie exclusively

with the confessor, and such is likewise the case in the eloquent

denunciations of Savonarola, who declares that the Italian cities are

full of these wolves in sheep’s clothing, who are constantly seeking to

entice the innocent into sin by all the arts for which their spiritual

directorship affords so much scope.[1493] The extent to which the

evil sometimes grew may be guessed from a case mentioned by Erasmus,

in which a theologian of Louvain refused absolution to a pastor who

confessed to having maintained illicit relations with no less than two

hundred nuns confided to his spiritual charge.[1494]

The view which was taken of this crime during the progress of the

Reformation is set forth in a work on the Criminal Canon Law printed

in Venice in 1543, which intimates that improper relations between

a confessor and his penitents are not much worse than ordinary

concubinage, but that when they become publicly known they should be

severely punished by deprivation and imprisonment, seeing that their

notoriety tends to prevent men from allowing their wives and daughters

to confess, and exposes the sacrament of penitence to the assaults of

the heretics.[1495] It was probably this worldly wisdom which prevented

the Council of Trent from alluding specifically to the matter and

endeavoring to put an end to a crime so heinous, for assuredly it had

not grown less in the ever increasing license of the age. It is rather

curious that in Spain, the only kingdom where heresy was not allowed

to get a foothold, the trouble seems to have been greatest and to have

first called for special remedial measures. Already, in 1556, Paul IV.

had addressed a brief to the Inquisitors of Grenada, calling their

attention to the frequency of the crime and assuming that confessors

who could so abuse their office must hold unorthodox views as to the

sacrament of penitence, which rendered them suspect of heresy and thus

brought them within the jurisdiction of the Holy Office. He therefore

instructed the Inquisitors to prosecute such offenders zealously, but

it was deemed best not to attract public attention to a matter so

delicate, lest the faithful should be deterred from frequenting the

confessional. The investigations were accordingly prosecuted in secret,

and the criminals were privately punished.[1496]

Enough was discovered to show that the trouble was general, and in

1564 Pius IV. issued a Bull addressed to the Inquisitor General,

in which, assuming like his predecessor that the offence must be

heretical, he authorized the Holy Office to prosecute it throughout

the Spanish dominions, and revoked all immunities which the monastic

orders might enjoy exempting them from local jurisdiction.[1497] This

brought the subject formally within the scope of the Inquisition

which thenceforth took charge of it in those countries blessed with

that institution. In some portions of Spain the Inquisitors added the

crime of “solicitation” to the list of offences published in their

annual “Edict of Denunciation,” which required every one, under pain

of excommunication, to denounce to the Holy Office all cases of which

he might happen to be cognizant. Gonsalvo relates that in 1563 this

was done in Seville, when it brought such a crowd of accusing women to

the Inquisition that twenty secretaries were unable to take down the

depositions, within the allotted time of thirty days, and the limit

had to be extended until it reached the term of four months, causing

finally so great a popular ferment and implicating so large a number of

ecclesiastics that the attempt had to be abandoned.[1498]

Llorente considers this to be an exaggeration, as is probably the case,

but he admits that the Conseyo de la Suprema was led to forbid the

inclusion of the offence in the Edict of Denunciation, which greatly

diminished the number of accusations, and this prohibition was repeated

in 1571, in the hope that through the machinery of the episcopal

courts the crime would be suppressed; but this expectation proving

illusory, in 1576 the Conseyo ordered the crime to be reinstated in the

Edict.[1499]

In 1608 Paul V. seems suddenly to have awakened to the necessity of

extending to Portugal the means employed in Spain, and he issued to

the Portuguese Inquisitor General a Bull similar in purport to those

of his predecessors. Little was accomplished, even in these favored

countries, and in 1622 Gregory XV. published a Bull extending to all

Christendom the provisions of the previous ones, and granting to the

episcopal courts full jurisdiction over all accused of “solicitation,”

notwithstanding whatever immunities they might otherwise enjoy;

a single witness was pronounced sufficient, when supported by

circumstantial evidence, and the punishment of those convicted was

left to the discretion of the judge, with the suggestion that it

might extend to perpetual imprisonment or condemnation to the galleys

for life, or even abandonment to the secular arm—that Inquisitorial

euphuism for the faggot and the stake.[1500] Apparently these Bulls

received slender attention, for in 1633 a special decree directs that

they shall be read at least once a year and an emphatic warning be

given in a chapter of each order, and sworn evidence of the fact be

transmitted to the congregation of the Inquisition at Rome.[1501] Even

this was but partially successful. Gregory’s Bull was not published

in either France or Germany, and for a century or more its observance

throughout those regions depended entirely upon such bishops, of whom

there were but few, who might see fit to promulgate its regulations

in their individual dioceses;[1502] although the established rule

of the church protected the criminal by not permitting a woman who

had been seduced in the confessional to name her seducer to another

confessor.[1503]

Even in the kingdoms where the Bull was legally received and published,

its provisions in practice seem to have been held as directed almost

exclusively against those who might be foolish enough to incur

suspicion of heresy by asserting that they were not aware of their

guilt. While the Holy Office stretched its power to convict and punish

all the wretched heretics whom it could bring within its grasp, it

was singularly tender of those whom successive popes denounced as the

worst of offenders. In a learned work on the subject, the author, an

official of the Portuguese Inquisition, urges the caution requisite

in proceedings which affect the honor of ecclesiastics, bringing

scandal and grief to the faithful and glory and joy to the heretic.

As the accused had all presumptions in his favor, since he had been

selected for the sacred functions of the confessional, and as women

were by nature inconstant, corruptible, deceitful, mendacious, and

given to perjury, he concludes that the evidence of a single witness is

wholly inconclusive; two witnesses of good character may justify the

seclusion of the accused, either in prison or in his own convent or

house, but four were necessary to his conviction; he decides adversely

the question whether deficiency of evidence can be supplemented by

torture; and he cites Potiphar’s wife to caution his brethren against

lending too hasty credence to accusations which may be only the

revengeful promptings of a baffled tempter.[1504] Casuists were found

to argue that the solicitation must occur during the act of confession

itself to bring the accused within the words of the papal decrees,

which were not applicable even if it took place in the confessional

immediately before the woman commenced to confess, or immediately after

she had received absolution.[1505] The accused who denied, might be

shown the torture, but could not be exposed to it, and if punished,

his punishment must be secret, so as not to give rise to popular

disquiet.[1506] In Spain, when the local tribunal had agreed upon a

sentence, it could not be executed without referring the case and all

the evidence to the Conseyo de la Suprema;[1507] but the sentence which

was thus so carefully to be considered, was not usually severe. Some

instructions on the subject issued in 1577, after premising that there

must be neither public penitence nor appearance in an auto de fé, and

that the sentence, unlike that of heretics, must be made known only to

the ecclesiastics of the place, proceed to state that the penalties to

be imposed on the guilty are at the discretion of the Tribunal, except

that he is obliged to abjure the implied heresy and is prohibited from

hearing confessions in the future. Whether he is to be suspended from

administering the other sacraments, or from preaching, and whether

he is to be imprisoned or banished from the place of his crime, must

depend upon the gravity of the offence. In grave cases, secular priests

may be punished by seclusion, or deprivation of function or benefice,

or pecuniary fines, with discipline, secret prayers and fasting; and

monks may be visited with the discipline, removal from the scene of

their misdeeds, suspension or privation of orders, of the privilege

of voting in their convents, and relegation to the last place in the

choir and refectory.[1508] All this manifests not only a provident

care to prevent scandal among the faithful, but a singular tolerance

of crime when compared with the severity which characterized the

ordinary operations of the Inquisition, in lapses of faith however

slight. A man who asserted that simple fornication was not a mortal

sin was treated as a heretic and “relaxed” or “reconciled,” with all

the tremendous consequent penalties upon him and his posterity; and

it is significant in many ways to observe that a culprit guilty of

prostituting the confessional to seduce his spiritual daughters was to

be punished by being made to take the lowest seat in the choir. This

misplaced lenity was more than carried out in practice. According to

Llorente, the records of the Inquisition show that not ten per cent.

of those accused were convicted; and even when convicted it was not

unusual for the convict, through influences brought to bear on the

Inquisitors General, to obtain a removal of the interdiction of hearing

confessions.[1509] In one case of special atrocity which occurred

under the eyes of Llorente himself, the culprit, in addition to the

discipline, deprivation of vote, and degradation to the lowest seat in

the choir (he had been Provincial of the Capuchins of New Grenada), was

condemned to five years’ imprisonment in a convent of his own order—a

most inadequate penalty for a man who had seduced thirteen nuns in a

convent under his spiritual guardianship.[1510] In the horrible affair

of Corella, which occurred in 1743, it is true that the Abbess, Doña

Agueda de Luna, died under the torture; and her principal accomplice,

Fray Juan de la Vega, after being tortured in his examination, was

declared suspect in the highest degree and was confined in the desert

convent of Duruelo till his death, but in this case the accused were

Molinists, or Illuminati, which of itself rendered them worthy of the

stake, and in addition, besides numerous infanticides, they had entered

into a pact with Satan.[1511]

The nunneries, indeed, appear to have suffered especially from this

cause, particularly when their spiritual directors were monks. This

was a complaint of old standing, and the authors of the “Consilium de

Emendanda Ecclesia,” in 1538, proposed to put an end to the scandals

thence arising by prohibiting members of the conventual orders from

serving in that capacity, which was to be confided in the future to

the Episcopal Ordinaries.[1512] A more partial cure was that suggested

in 1627 by Urban VIII. when he granted a special Bull to Christobal

de Lobera, Bishop of Cordova, depriving the mendicant orders of their

right to papal jurisdiction, and subjecting them to the Ordinary of

the diocese in order to put a stop, if possible, to crimes committed

by them in the confessional.[1513] These monastic troubles were by no

means confined to Spain. When, as we shall see hereafter, the Grand

Duke, Leopold of Tuscany, undertook in 1774 to reform the nunneries

of his dominions, they had for a century and a half been the scene of

the worst disorders, committed by the regular clergy who were their

spiritual directors, and Leopold found his principal opposition in the

court of Rome itself.[1514] In Provence, the canons of Pignan made no

secret of their domination over the bodies as well as over the souls of

the nuns of the district, so that in a single year there were sixteen

declarations of pregnancy officially made by the latter, who seemed

to consider it as one of the duties of their profession. As Michelet

remarks, this at least diminished the monastic crime of infanticide,

for the children were openly put out to nurse and were generally

adopted by their foster-mothers.[1515]

Some statistics, given by Llorente from the archives of the

Inquisition, afford a curious commentary upon the influence of

monasticism. Comparing the number of accusations brought for this

offence with the total census of the secular and regular clergy,

he found that one out of every ten thousand secular priests was

charged with it, while among the monastic orders the proportion

was much greater. The Benedictines, Bernardines, Jeronymites,

Premonstratensians, Basilians, Agonizantes, Theatins, and Oratorians,

and the canons regular of Calatrava, Santiago, Alcantara, Montesa, St.

Juan, and of the Holy Sepulchre showed a proportion of one in every

thousand. Among the Carmelites, Augustinians, Mathurins, the Order of

La Merced, the Dominicans, Franciscans, and Minims of St. Francis de

Paul, there was one in every five hundred: one in four hundred among

the barefooted orders of the Augustinians, Mathurins, and Fathers of

La Merced; and one in two hundred among the barefooted Carmelites, the

Alcantarians and the Capuchins.[1516] These results Llorente explains

partly by the greater attention paid by some orders to the duties of

the confessional, but chiefly by the differences in their rules of

discipline. Those who, like the secular priests, had comparative wealth

and freedom were able to gratify their passions without resorting to

indulgence so dangerous, while those whose vows bound them to poverty

and asceticism were most liable to be tempted by the opportunities of

the confessional. It was precisely the orders that were most rigid

which produced the greatest number of culprits. Another significant

fact was that the greater portion of these accusations were brought by

nuns, and from this Llorente seeks to explain the small proportion of

cases in which the accused was found guilty. The inquiries necessary

to confession often appeared to the simple-minded devotee a direct

enticement to sin, and her excited imagination, in dwelling upon them,

would lead her to imagine herself the object of her confessor’s impure

desires—a defence of the system almost as damaging as the facts which

it attempts to extenuate.[1517]

Whatever may be Llorente’s opinion as to the comparative innocence of

the secular priesthood, it does not appear to have been shared by the

church. The local ecclesiastical legislation of the seventeenth century

is surcharged with innumerable minute directions as to the age of the

confessor and the form and structure of confessionals; restricting

female penitents, unless dangerously ill, from being heard except in

church and by daylight, and prescribing the relative positions to be

maintained by confessor and penitent.[1518] In the earlier, though

scarce purer, period of the fifteenth century John Myrc contents

himself with simpler rules—

But when a wommon cometh to the

Loke hyre face that thou ne se,

But teche hyre to knele downe the by,

And sum what thy face from hyre thou wry,

Stille as ston ther thou sitte,

And kepe the welle that thou ne spytte.

Koghe thow not thenne thy thonkes,

Ne wrynge thou not wyth thy schonkes—[1519]

and the attention which was now given to the minutest details of these

matters shows how much men’s minds were excited by the subject, and

how, as usual, the church sought palliatives for the evil to which she

dared not apply a radical cure.

A natural result of the effort made to suppress the evil was a

refinement of ingenuity on the part of the evil-doers to escape the

result of their transgressions, and the subtlety of casuists was

taxed to the utmost in defining with precision all the acts and

motives which would render offenders liable to the penalties decreed

in the Papal Bulls, thus giving rise to quite a literature specially

devoted to the subject.[1520] In 1614, the Roman Inquisition, under

Paul V., was obliged formally to declare that priests who used the

confessional as a place of assignation were liable to the decrees,

even though not engaged at the moment in administering the sacrament

of penitence;[1521] and in 1665 Alexander VII. felt it necessary to

condemn the proposition that a confessor, while hearing a confession,

could give his penitent a love-letter without incurring the guilt of

solicitation.[1522] The mode, however, which offered the surest escape

was for the confessor to absolve his partner in sin, and thus release

her from all obligation to denounce him,[1523] for such an absolution

was good, according to St. Thomas Aquinas.[1524] This gave the church

infinite trouble. It satisfied the conscience of the woman, for the

council of Trent had taken care to declare that priests in mortal

sin did not lose the power of absolution conferred on them by the

Holy Ghost in their ordination,[1525] while so vile a prostitution

of the sacrament could not but bring the whole system into contempt.

Yet casuists were found to distinguish between the guilt of him who

soothes the conscience of the woman whom he had seduced by absolving

her after the act, in which case he is not exposed to the penalties

of solicitation,[1526] and of him who promises absolution in advance

as a temptation to sin, which brings him within the scope of the

decrees.[1527]

The condemnation issued in 1665 by Alexander VII. of the proposition

that absolution under such circumstances relieves the woman from the

obligation of denunciation[1528] shows the extent of the evil and

the boldness of the perpetrators, but did nothing to cure it. A more

effective step had been taken in 1661 by the provincial synod of

Cambray, which was the revival of the ancient rule that no confessor

should have power in such cases to grant absolution to his paramour

except _in articulo mortis_; a precedent which was followed in 1663

by the congregation of arch-priests of the province of Mechlin.[1529]

This action seems to have aroused considerable opposition and no little

discussion, for, at a convocation of bishops, held at Brussels in

January, 1665, it was the first subject submitted for debate.[1530]

The question, however, remained unsettled, for, although the power

to grant such absolution was specially excepted in all commissions

issued to confessors in the province, the evil continued, and again

came up for discussion at the synod of Namur, in 1698, when the

practice was peremptorily forbidden for the future.[1531] In the

province of Besançon a canon of 1689 declares that although the abuse

had been long prohibited, yet that it continued to flourish; and a

formal enunciation was considered necessary, taking away the power

of conferring absolution in such cases—a regulation which had to be

repeated in 1707.[1532] In 1709 the Cardinal de Noailles, Archbishop of

Paris, issued an order prohibiting it in his diocese, but as late as

1741 Pontas informs us that such absolutions were valid in all places

where they had not been forbidden by episcopal authority.[1533] This

extraordinary confession on such a subject was most discreditable to

the church, and in 1741 Benedict XIV. signalized the commencement of

his pontificate by converting these local regulations into a general

law by his Bull, “Sacramentum Pœnitentiæ,” in which he not only

endeavored to sweep away all the refinements by which casuists had so

nearly nullified the decrees of his predecessors, but he devoted a

special clause to the device by which the sacrilegious ministers of

Satan rather than of God absolved their partners in guilt. This he

absolutely prohibited for the future, except _in articulo mortis_ when

no other priest could be had; he took away the power of administering

the sacrament of penitence in such cases, pronounced absolution null

and void when thus given, and punished the attempt to give it by _ipso

facto_ excommunication removable by the papal court alone.[1534] Four

years later, he relaxed somewhat the rigor of these regulations in a

manner which shows how everpresent was the fear of attracting attention

to the frailties of ecclesiastics, for he permitted absolution _in

articulo mortis_ in all cases where another confessor could not be

called in without attracting attention and causing suspicion and

scandal, which was virtually to remove the prohibition.[1535] In the

same year he also renewed the decree of 1633 requiring the Papal Bulls

on the subject to be read at least once a year in the chapters of

all the monastic orders,[1536] who seem to have been the principal

offenders in these matters; doubtless for the reason which Llorente

says was usually alleged as an excuse by culprits—because they had no

other opportunity of sinning.[1537]

Energetic as was the legislation of Benedict, it by no means put an end

to the trouble. The year after his Bull appeared, in 1742, the synod

of Namur found it necessary to remind confessors that they could not

absolve women whom they had seduced;[1538] and in 1768 the Bishop of

Ypres was obliged to recall to the attention of his clergy the Bulls

of Gregory and of Benedict, and to threaten their transgressors with

excommunication.[1539] The abuse was by no means confined to Europe,

but extended to the missionary stations of the church. In 1775 the

Apostolic Vicar of Cochin China inquired of Pius VI. whether the Bull

of Benedict XIV. applied to the Franciscan missionaries under his

charge, and, if so, whether it could not be moderated, to which Pius

replied affirmatively as to the first question and negatively as to the

second. That the scandal continued is shown by a pastoral letter of the

Apostolic Vicar of Suchuen in 1803.[1540] It is not surprising that

St. François de Sales should have declared that a confessor was to be

selected out of ten thousand, seeing that so few among them were fitted

for the function.[1541]

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