Apostolic Penitentiary

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The Apostolic Penitentiary, more formally the Supreme Tribunal of the Apostolic Penitentiary, is one of the three tribunals of the Roman Curia. The Apostolic Penitentiary is chiefly a tribunal of mercy, responsible for issues relating to the forgiveness of sins in the Roman Catholic Church.

The Apostolic Penitentiary has jurisdiction only over matters in the internal forum. Its work falls mainly into these categories:

the absolution of excommunications latæ sententiæ reserved to the Holy See,
the dispensation of sacramental impediments reserved to the Holy See, and
the issuance and governance of indulgences.

The head of the Apostolic Penitentiary, the Major Penitentiary, is one of the few Vatican officials who retains his position sede vacante.^[1] If the Major Penitentiary is a cardinal elector he is one of only three persons in the conclave allowed to communicate with those outside the conclave, so that he can continue to fullfil his duties.^[2] The Major Penitentiary is a titular archbishop and is normally a cardinal. The current Major Penitentiary is James Francis Cardinal Stafford.

1 Historical duties
2 Absolutions and dispensations
3 Indulgences
4 List of Major Penitentiaries
5 References
6 External links

[edit] Historical duties

Up until the 18th century, the Apostolic Penitentiary also considered cases of confessor-penitent disputes involving violations against what was termed the "external forum."

For particularly heinous sins (for example, rape or murder), or for serious sins committed by penitents of high political or cultural standing, it was often the practice to impose rather harsh penances. This practice was particularly true in the medieval Church, for sins referred to a bishop for absolution. If a penitent felt that the penance imposed was disproportionate to the sins committed, he could submit the dispute to the Apostolic Penitentiary. The alleged offense was said to be against the "external forum"; that is, related to public acts required of the penitent.

If the tribunal decided in favor of the penitent, they would issue a formal statement confirming that appropriate recompense had already been made, that the penitent's sins were forgiven, and that the matter was closed.

These statements were transcribed by legal clerks, who were paid by fees assessed by Apostolic Penitentiary for the transcription of their decisions. This practice prompted claims that the tribunal, and by extension the Church, accepted money for the forgiveness of sins.

[edit] Absolutions and dispensations

Persons who wish to receive an absolution or dispensation reserved to the Holy See write a petition to the Penitentiary. Usually, this petition is written through their confessor. The petition must use pseudonyms when explaining the situation to avoid revealing the identity of the persons involved, and the tribunal itself acts in complete secrecy. The Major Penitentiary considers the matter himself, unless it is particularly important, in which case the whole of the tribunal considers the petition. The members of the tribunal only give advice regarding the petition; the Major Penitentiary has the ultimate decision on whether the dispensation or absolution should be granted. If the Major Penitentiary is uncertain as to whether he has authority in a given case, he submits the matter to the Pope. The impediment or act in question must not be public; otherwise, the impediment or act is a matter of the external forum and cannot be absolved or dispensed by the Penitentiary.

[edit] Indulgences

The Apostolic Penitentiary also issues decrees which proclaim opportunities for the faithful to receive indulgences. For example, one such decree was issued on August 7, 2005, in anticipation of World Youth Day 2005. The decree began:

The gift of an Indulgence is granted to the faithful who, on the occasion of the 20th World Youth Day, going on pilgrimage to or arriving in Cologne, take part in the sacred rites, as well as to all the other faithful, wherever they may be, as long as they pray to God, during this event, to help young Christians strengthen their faith and lead a holy life.

The degree provided for both plenary indulgences and partial indulgences:

A Plenary Indulgence is conceded on the usual conditions (sacramental Confession, Eucharistic Communion and prayers for the Supreme Pontiff's intentions) to members of the faithful who, in a spirit of total detachment from any sin, will take part attentively and devoutly in some of the celebrations for the 20th World Youth Day in Cologne and in its solemn conclusion.

A Partial Indulgence will be granted to other members of the faithful, wherever they may be at the time of the aforesaid Meeting, if, at least with a contrite heart, they ask God with fervent prayers to strengthen young Christians in the profession of the Faith, to reinforce their love and respect for their parents, and to firmly commit themselves to shaping, in accord with the holy norms of the Gospel and Mother Church, the new family that they themselves will form or have formed, or their own life in accordance with the vocation that God has indicated to each one.