Word of the Day, Apostolic Penitentiary

APOSTOLIC PENITENTIARY. A papal tribunal, whose origins go back to the twelfth century, delegated by the Pope to grant absolution from censures and certain dispensations reserved to the Holy See. In 1967, Pope Paul VI confirmed the competence of this tribunal over all that embraces the internal forum, even nonsacramental and to the use of indulgences, while reserving the right of the Congregation for the Doctrine of the Faith to examine the doctrinal aspects of indulgences.

The Apostolic Penitentiary, formerly called the Supreme Tribunal of the Apostolic Penitentiary, is a dicastery of the Roman Curia and is one of the three ordinary tribunals of the Apostolic See. The Apostolic Penitentiary is chiefly a tribunal of mercy, responsible for issues relating to the forgiveness of sins in the 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 retain their positions sede vacante. 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 fulfil his duties (the other two being the Cardinal Vicar of Rome and the Vicar General for the Vatican City State). The Major Penitentiary is a Titular Archbishop and is normally a Cardinal.

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 offence was said to be against the "external forum"; that is, related to public acts required of the penitent.

If the tribunal decided in favour 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 the 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.