fession. belief is, that the Sacrament of Penance is of di- CHAP I, vine institution; that CONFESSION is one of its Secrets of Conessential parts; that an inviolable secrecy attaches to the Sacramental Confession; that the Confessor is bound to suffer death, rather than reveal (by word or sign, directly or indirectly) any sin or crime, or any circumstance attending them, mentioned by the Penitent in Confession yea, that the whole Confession is to be buried in eternal oblivion, and that, according to the Laws of the Catholic Church, he would expose himself to degradation for life, as a punishment for the crime of violating such a trust, and forfeit eternal Salvation hereafter. would be immediately deposed from all his Priestly functions, and consigned to universal abhorrence. It was so decreed by the General Council, held in 1215 under Pope Innocent: He trine. Chap. Omnis utrisque sexus.---" De Pœnitentia. Catholic Doc "Caveat autem Sacerdos omnino, ne verbo aut sig 66 no, aut alio quovis modo, aliquatenus prodat pec"catorum------ Qui peccatum in pœnitentiali Judicio "sibi detectum præsumpserit revelare, non solum a "Sacerdotali officio deponendum decernimus, verum "etiam ad agendum perpetuam pœnitentiam in arc"tum monasterium detrudendum." We are thus particular in stating this Prohibition, because Courts of Justice in Ireland appear to consider the Catholic Clergy as only bound to secrecy, in such cases, by a mere form of Ecclesi CHAP. 1. astical regulation, which of course might yield to Secrets of Con- the pressure of temporal authority, or the supposed fession. Protestant Protestant doctrine of Confession Peake's Cases at 1791. Case of Du- Lord Kenyon's opinion. exigencies of public Justice. cogent, and, indeed is inviolable. But it is far more 3. We find, too, a peculiar respect towards a trust of this nature, evinced by the Established Church. In the 113th Canon of the Church of England, (see the body of Canons, drawn up in 1603) there appears the following clause: "Pro"vided always, that if any man confess his secret "and hidden sins to his Minister, for the unburden 66 ing of his conscience, and in order to receive Spi"ritual consolation and ease of mind from him, "We do not any way bind said Minister by this our "Constitution, but we do strictly charge and ad"monish him, that he do not at any time reveal and "make known to any person whatsoever, any Crime "or Offence so committed to his Trust and Secrecy," &c. &c. 66 Upon this subject, we feel pleasure in adverting to the sentiments of the late Lord Kenyon, Chief Justice of England. A case having been cited before him, (the King v. Sparkes) where the Prisoner, being a Catholic, had made a Confession before a Protestant Clergyman, of the crime for which he was afterwards indicted---and that Confession having been permitted to be given in Evidence upon the Trial, he was convicted and exe cuted---LORD KENYON instantly declared, with a CHAP. I. generous disapprobation of such a proceeding, Secrets of "That he would have paused---before he admitted "such Evidence as had there been admitted." civil Confession. Quakers-a Geo. 1, c. 6, and 19, and other 4. In fact, the hardship thus inflicted upon the Catholic Clergy might easily be alleviated, without offering violence to established principles. The Law has already provided for other Cases, perfectly analogous. Quakers (who, from conscientious scruples, refuse to take oaths) are permitted, in cases, to make simple affirmation only; such affirmation is rendered, by Law, of equal credit with the Oath of another. Here we see the rigid rule of Evidence dispensed with, to accommodate persons, governed by inviolable principles of a religious nature. a 19 Geo. 2, c. Statutes. dence 177-8, Wilson v. Ras by tell, 4 T. Rep. Again, Barristers and Attornies may refuse, in Peake's EviCourts of justice, to answer questions tending to disclosure of any confidence reposed in them their Clients; nay, they are not permitted to swer such questions; this is the Privilege of the Clients, not theirs. an Surely, then a similar protection is due to the Catholic Clergy and People.---Equal deference and tenderness ought, in justice and in courtesy, to bę shewn towards their just scruples of Conscience, so necessary to be entertained, so long respected, and so obligatory upon every feeling of Morality, Honor, and Religion. 753. CHAP 1. Punished for Excommunica tion. III." The Catholic Clergy are liable to be punished, by civil Action, for excom"municating unworthy members of their "own Communion." 1. The Power of Excommunication forms a subject, upon which very great pains have been taken of late years, but fruitlessly, to excite Lord Redes- odium against the Catholic Clergy of Ireland. Lord Redesdale, who had no intercourse with Irish dale, Cited in the Catholics, or any means of obtaining correct inforSpeech of the mation, confidently declared in a great public AsBishop of St. Asaph, printed sembly, that "Excommunication from the Catholic 1805. "Church is, in Ireland, not simply a separation "from the Body of the faithful, but, to all intents "and purposes, an Interdiction ab aqua et igni ; "that no Catholic dares to administer a cup of "cold water, or a crust of dry bread, or any other 66 66 necessary sustenance to an excommunicated person: and that the offence which draws down this heavy sentence, is any friendly intercourse which "a Catholic may be found to hold with Protest"ants." 66 All these assertions, we must distinctly say, are directly contrary to the fact. 2. The truth is, that this punishment, Excommuni- so much misrepresented, is actually limited to the Real extent of cation. "Separation of a Christian, leading a disorderly Life, disgracing his profession, from the Chris "tian Congregation, and a banishment of such CHAP. I. "6 person from the Church." Excommuni It amounts to neither more nor less than that cation pun any other Re ishable. which the expulsion of a Member of ligious Society, for disorderly and disgraceful conduct, would amount to. There ensues no Interdict against any other person communicating with the expelled Member in Temporals, except so far as such Communion may extend to a wanton and contumacious encouragement and approbation of the conduct so punished. On the contrary, the Excommuni Catholic Discipline expressly recognizes several kinds of temporal communion, as wholly unaffected by Excommunication. They are compressed, for brevity's sake, in the following Line; "Utile, Lex, Humile, res ignorata, necesse.' These five Heads of Exception to the temporal consequences of Excommunication are so comprehensive, as to embrace every supposable temporal case: they are construed with great indulgence, and accepted with every latitude. The Excommunicated person retains his claim to all the offices of Charity, to relief in his necessities, to employment for his Industry, to society with others for all useful or necessary pusposes, and to the ordinary relations of life, as those of Master, husband, father, soldier, trader, &c. &c.. As for Excommunication of any person for as sociating with the expelled Member, or even for Real extent of cation. |