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Objection 1: It would seem that solemn penance should not be imposed
on women. Because, when this penance is imposed on a man, he has to
cut his hair off. But this becomes not a woman, according to 1
Cor. 11:15. Therefore she should not do solemn penance.
Objection 2: It also seems that it ought to be imposed on clerics.
For it is enjoined on account of a grievous crime. Now the same sin
is more grievous in a cleric than in a layman. Therefore it ought to
be imposed on a cleric more than on a layman.
Objection 3: It also seems that it can be imposed by any priest.
Because to absolve in the tribunal of Penance belongs to one who has
the keys. Now an ordinary priest has the keys. Therefore he can
administer this penance.
I answer that, Every solemn penance is public, but not vice versa.
For solemn penance is done as follows: "On the first day of Lent,
these penitents clothed in sackcloth, with bare feet, their faces to
the ground, and their hair shorn away, accompanied by their priests,
present themselves to the bishop of the city at the door of the church.
Having brought them into the church the bishop with all his clergy
recites the seven penitential psalms, and then imposes his hand on
them, sprinkles them with holy water, puts ashes on their heads,
covers their shoulders with a hairshirt, and sorrowfully announces to
them that as Adam was expelled from paradise, so are they expelled
from the church. He then orders the ministers to put them out of the
church, and the clergy follow reciting the responsory: 'In the sweat
of thy brow,' etc. Every year on the day of our Lord's Supper
they are brought back into the church by their priests, and there shall
they be until the octave day of Easter, without however being admitted
to Communion or to the kiss of peace. This shall be done every year
as long as entrance into the church is forbidden them. The final
reconciliation is reserved to the bishop, who alone can impose solemn
penance" [Cap. lxiv, dist. 50].
This penance can be imposed on men and women; but not on clerics, for
fear of scandal. Nor ought such a penance to be imposed except for a
crime which has disturbed the whole of the city.
On the other hand public but not solemn penance is that which is done
in the presence of the Church, but without the foregoing solemnity,
such as a pilgrimage throughout the world with a staff. A penance of
this kind can be repeated, and can be imposed by a mere priest, even
on a cleric. Sometimes however a solemn penance is taken to signify a
public one: so that authorities speak of solemn penance in different
senses.
Reply to Objection 1: The woman's hair is a sign of her
subjection, a man's is not. Hence it is not proper for a woman to
put aside her hair when doing penance, as it is for a man.
Reply to Objection 2: Although in the same kind of sin, a cleric
offends more grievously than a layman, yet a solemn penance is not
imposed on him, lest his orders should be an object of contempt. Thus
deference is given not to the person but to his orders.
Reply to Objection 3: Grave sins need great care in their cure.
Hence the imposition of a solemn penance, which is only applied for
the most grievous sins, is reserved to the bishop.
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