It is hard to determine at what time this practice was established among the Jews, who borrowed a great many of their rites from their neighbors. The Mishna, which is the collection of the Jewish laws, says that often, in confessing, they placed their hand upon a calf belonging to the priest; and this was called "the confession of calves."
It is said, in the same Mishna, that every culprit under sentence of death, went and confessed himself before witnesses, in some retired spot, a short time before his execution. If he felt himself guilty he said, "May my death atone for all my sins!" If innocent, he said, "May my death atone for all my sins, excepting that of which I am now accused."
On the day of the feast which was called by the Jews the solemn atonement, the devout among them confessed to one another, specifying their sins. The confessor repeated three times thirteen words of the seventy-seventh Psalm, at the same time giving the confessed thirty-nine stripes, which the latter returned, and they went away quits. It is said that this ceremony is still in use.
St. John's reputation for sanctity brought crowds to confess to him, as they came to be baptized by him with the baptism of justice; but we are not informed that St. John gave his penitents thirty-nine stripes. Confession was not then a sacrament; for this there are several reasons. The first is, that the word "sacrament" was at that time unknown, which reason is of itself sufficient. The Christians took their confession from the Jewish rites, and not from the mysteries of Isis and Ceres. The Jews confessed to their associates, and the Christians did also. It afterwards appeared more convenient that this should be the privilege of the priests. No rite, no ceremony, can be established but in process of time. It was hardly possible that some trace should not remain of the ancient usage of the laity of confessing to one another.
In Constantine's reign, it was at first the practice publicly to confess public offences. In the fifth century, after the schism of Novatus and Novatian, penitentiaries were instituted for the absolution of such as had fallen into idolatry. This confession to penitentiary priests was abolished under the Emperor Theodosius. A woman having accused herself aloud, to the penitentiary of Constantinople, of lying with the deacon, caused so much scandal and disturbance throughout the city that Nectarius permitted all the faithful to approach the holy table without confession, and to communicate in obedience to their consciences alone. Hence these words of St. John Chrysostom, who succeeded Nectarius: "Confess yourselves continually to God; I do not bring you forward on a stage to discover your faults to your fellow-servants; show your wounds to God, and ask of Him their cure; acknowledge your sins to Him who will not reproach you before men; it were vain to strive to hide them from Him who knows all things," etc.
It is said that the practice of auricular confession did not begin in the west until about the seventh century, when it was instituted by the abbots, who required their monks to come and acknowledge their offences to them twice a year. These abbots it was who invented the formula: "I absolve thee to the utmost of my power and thy need." It would surely have been more respectful towards the Supreme Being, as well as more just, to say: "May He forgive both thy faults and mine!"
The good which confession has done is that it has sometimes procured restitution from petty thieves. The ill is, that, in the internal troubles of states, it has sometimes forced the penitents to be conscientiously rebellious and blood-thirsty. The Guelph priests refused absolution to the Ghibellines, and the Ghibellines to the Guelphs.
The counsellor of state, Lénet, relates, in his "Memoirs," that all he could do in Burgundy to make the people rise in favor of the Prince Condé, detained at Vincennes by Cardinal Mazarin, was "to let loose the priests in the confessionals"—speaking of them as bloodhounds, who were to fan the flame of civil war in the privacy of the confessional.
At the siege of Barcelona, the monks refused absolution to all who remained faithful to Philip V. In the last revolution of Genoa, it was intimated to all consciences that there was no salvation for whosoever should not take up arms against the Austrians. This salutary remedy has, in every age, been converted into a poison. Whether a Sforza, a Medici, a Prince of Orange, or a King of France was to be assassinated, the parricide always prepared himself by the sacrament of confession. Louis XI., and the Marchioness de Brinvilliers always confessed as soon as they had committed any great crime; and they confessed often, as gluttons take medicines to increase their appetite.
The Disclosure of Confessions.