The Irish standard., 1896-05-09
THE. SECRETS NEVER TOLD
SAFE AS If BURIED IN TIE GRAVE

No Force or Pressure Has Ever
Comp sllsd q D:vu!-
genoa.
Anent the case of DR.. Playfair, the
eminent London practitioner who was
lately mulcted in heavy damages for be
traying the secrets of the sick ROOM the
secular papers, English and American,
have been laying down the law about
medical privilege" with singular en-
phasis and unanimity. They assure US
that the secrets of a physician are as sa-
cred as those Of a cOnfessor. Now this
doctrine is quite incorrect. Between the
secrets of the sick room and the secrets
ofathes confessor there are differences SO
profound differences in nature and ex-
tent-that it makes one wonder how the
newspaper people could fail to note them,
says writer in the Providence Victor.
Secrets are of three kinds. By a nat
ural secret is meant any fact. learned
either by chance or by inquiry whose
revelation will work injury to the fair.
fame of the person or persons concerned.
Again, If the owner of a secret, learning
that another person is in possession of
the facts persuades that person to give
a guarantee of silence, we have case of
a secret promise. Again, suppose the
owhAfof a. secret, wishing to enlist the
services of a professional man in COM
| plications arising out of that secret, ex-
poses the whole matter, the professional
man so consulted is bound to silence not
only by the law of natural secrets, but
al lon NV ir31n nj w
thave case of secret Of trust Secrets
Of trust must be sacredly kept against all
corners, unless their keeping entails in
jury either to some innocent outside
party or to the community at large. The
reason of the exception is easy to see.
/ When there is conflict Of rights, the
better right prevails. The rights of the
( innocent are to be preferred before those
| of the guilty, and those of the common
wealth to those of an individual. DR..
Playfair was convicted Of violating a se-
cret trust. His case, apparently was one
to which the exceptions just noted did
not apply. TX
Now turn we to the consideration of
the secret of the confessional, and, in.
passing, we warn our readers against GER
tain novelists who, straining after dra-
matte effect, have presumed to handle
this tempting but difficult subject.
l. Like the physician. and the lawyer, the
Econfessor is bound to secrecy with regard.
| to disreputa Bile facts learned In the exer-
else of his official functions. He is held
I by the law Of natural secrets and by the
law Of implicit contract. But he is
bound by another and mightier title,
the title OF religion. So that a betrayal
of confidence by confessor would, in adj
I,dition to the two-fold sin Of breaking
1.-the laws just mentioned, entail the fur.
Ither guilt Of sacrilege Again. a profess
lsional man may under certain circum-:
stances, and in despite Of the implicit
contract, disclose a professional secret.
But the law of silence imposed upon a
confessor Is absolute admits OF no pos
|,sible exception. Neither the Interests Of
innocent persons, nor the interests of
church or state, nor the confessor's own.
interests, nor yet the interests of the
penitent himself can ever justify the vio-
|lation of sacramental silence. This law
holds after the death of the penitent..
Moreover, unless the penitent give license
Ito speak, the confessor outside the tri-.
bunal, Is bound to silence toward him,
precisely as toward other persons. The
secret Of the confessional is Gods secret.
And because this is so, not only is the
confessor bound to keep it., but also all
|5those persons who either by accident or
ldesign, or by report, come to knowledge
|.of a sin related i'll the sacred tribunal
Interpreters, those who overheard con-
|sfession either by accident or by design;
lmpostors masquerading as genuine
Epriesis, those to whom such persons re-
Hate what they know, are all bound BY the
seal. ss, II
| We have said that the confessor Is:
bound BY the divine law to silence. The
precept is implicit, but none the less rig
orous. It is, moreover, not 8 merely
positive precept extrinsic to the 5sacra-
iment, but follows from the very institp-
/ tion OF the sacrament. Christ, who had
bound men to the confession Of their.
grierous sins as q con itfon Tor obtain
ling forgiveness OF them, has also q IS
pointed the means, wtthout which the
end Hespfoppsedt to Himself I'M settingsup
the stri bunal# LOT Penance could nOtabes obs
| tained ID Now the seal is such q means.|
Suppose He had left no furt her obltga-
I3tions upon confessors than those under
which professional men are bound
lKnowing that onfessors MI ht. the
interests 0f the innocents on q the COM
fmunity, betray their conf ence, how
Enany sinners would conseiIt ITO 20 TO
(confession Odious enogh ven It'll
present safeguard contest on lthout dis
/ vine law Of the seal ~ 81 IA ne pfastically
ilsel less and sialtpgeth her HI lera bic
COZ aatalla
herr have that a1lpll
z y: n llsnI
81 u &. Iit q