THE
P RTAL
July 2018
Page 11
The seal in the Anglican
Confessional? News
The Rev’d Paul Benfield explains it in the light of historic laws.
W hen the
Church of England separated from Rome the pre-existing ecclesiastical law remained in
force. The Submission of the Clergy Act 1533 provided that, until a Commission appointed to review
the canon law and provincial constitutions had completed its work all canons, constitutions, Ordinances,
and Synodals already made, ‘which were not contrariant or repugnant to the law, statutes and customs of
this realm, nor to the damage or hurt of the King’s prerogative’ were to remain in force. To these matters the
Canon Law Act of 1543 added ‘other ecclesiastical laws or jurisdictions spiritual as be yet accustomed and
used here in the Church of England.’
It was not until 1603 that a definitive collection of
canons was produced and approved by the Convocation
of Canterbury, with an identical collection being
approved by the Convocation of York in 1605. These
remained in force (though largely ignored) until an
entirely new set of canons came into force between
1964 and 1969.
and York in 2015, where it is stated ‘If a penitent makes
a confession with the intention of receiving absolution
the priest is forbidden (by the unrepealed Proviso to
Canon 113 of the Code of 1603) to reveal or make
known to any person what has been confessed. This
requirement of absolute confidentiality applies even
after the death of the penitent.’
However, the Bishop of Dover has issued an
Canon B29 deals with the ministry of absolution and
instruction to clergy in the Diocese of Canterbury
paragraph 2 provides:
which says:
If there be any who by these means [public
‘Any priest hearing a confession, regularly
confession and absolution] cannot quiet his
or otherwise, must say prior to hearing
own conscience, but requires further comfort or
that confession the following statement of
counsel, let him come to some discreet and learned
confidentiality and safeguarding:
minister of God’s Word; that by the ministry of
“If you touch on any matter in your confession
God’s holy Word he may receive the benefit of
that raises a concern about the wellbeing or
absolution, together with ghostly counsel and
safeguarding of another person or yourself, I am
advice, to the quieting of his conscience and
duty bound to pass that information on to the
avoiding of all scruple and doubtfulness.
relevant agencies, which means that I am unable to
In addition, the proviso to Canon 113 of the 1603 keep such information confidential.’
canons state:
Provided always, that if any man confess his
In response to many enquiries, the Diocese of
secret and hidden sins to the minister, for the
Canterbury issued a statement saying that it had not
unburdening of his conscience, and to receive
effectively abolished the seal of the confessional.
spiritual consolation and ease of mind from him;
we do not in any way bind the said minister by
This has caused much concern with letters in the
this our Constitution, but do straitly charge and
Church press. Questions on the matter are to be asked
admonish him, that he do not at any time reveal and at the General Synod at York in July.
make known to any person whatsoever any crime
or offence so committed to his trust and secrecy
Whilst the canon law of the Church of England is
(except they be such crimes as by the laws of this
part of the law of the land, the preservation of the
realm his own life may be called into question for
seal of the confessional should be a matter of concern
concealing the same), under pain of irregularity.
for the Roman Catholic Church and others which
practise sacramental confession. In many jurisdictions
This statement of the law has always been the the civil law of evidence grants a privileged status to
understanding of the Church of England and is reflected all communications with priests (and counsellors
in the Guidelines for the Professional Conduct of the and therapists), whether or not as part of auricular
Clergy, approved by the Convocations of Canterbury confession.