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Article 2. Whether the seal of confession extends to other matters than those which have reference to confession?
Objection 1. It would seem that the seal of confession extends to other matters besides those which have reference to confession. For sins alone have reference to confession. Now sometimes besides sins other matters are told which have no reference to confession. Therefore, since such things are told to the priest, as to God, it seems that the seal of confession extends to them also.
Objection 2. Further, sometimes one person tells another a secret, which the latter receives under the seal of confession. Therefore the seal of confession extends to matters having no relation to confession.
On the contrary, The seal of confession is connected with sacramental confession. But those things which are connected with a sacrament, do not extend outside the bounds of the sacrament. Therefore the seal of confession does not extend to matters other than those which have reference to sacramental confession.
I answer that, The seal of confession does not extend directly to other matters than those which have reference to sacramental confession, yet indirectly matters also which are not connected with sacramental confession are affected by the seal of confession, those, for instance, which might lead to the discovery of a sinner or of his sin. Nevertheless these matters also must be most carefully hidden, both on account of scandal, and to avoid leading others into sin through their becoming familiar with it.
This suffices for the Reply to the First Objection.
Reply to Objection 2. A confidence ought not easily to be accepted in this way: but if it be done the secret must be kept in the way promised, as though one had the secret through confession, though not through the seal of confession.
Article 3. Whether the priest alone is bound by the seal of confession?
Objection 1. It would seem that not only the priest is bound by the seal of confession. For sometimes a priest hears a confession through an interpreter, if there be an urgent reason for so doing. But it seems that the interpreter is bound to keep the confession secret. Therefore one who is not a priest knows something under the seal of confession.
Objection 2. Further, it is possible sometimes in cases of urgency for a layman to hear a confession. But he is bound to secrecy with regard to those sins, since they are told to him as to God. Therefore not only the priest is bound by the seal of confession.
Objection 3. Further, it may happen that a man pretends to be a priest, so that by this deceit he may know what is on another’s conscience: and it would seem that he also sins if he divulges the confession. Therefore not only the priest is bound by the seal of confession.
On the contrary, A priest alone is the minister of this sacrament. But the seal of confession is connected with this sacrament. Therefore the priest alone is bound by the seal of confession.
Further, the reason why a man is bound to keep secret what he hears in confession, is because he knows them, not as man but as God knows them. But the priest alone is God’s minister. Therefore he alone is bound to secrecy.
I answer that, The seal of confession affects the priest as minister of this sacrament: which seal is nothing else than the obligation of keeping the confession secret, even as the key is the power of absolving. Yet, as one who is not a priest, in a particular case has a kind of share in the act of the keys, when he hears a confession in a case of urgency, so also does he have a certain share in the act of the seal of confession, and is bound to secrecy, though, properly speaking, he is not bound by the seal of confession.
This suffices for the Replies to the Objections.
Article 4. Whether by the penitent’s permission, a priest may reveal to another a sin which he knows under the seal of confession?
Objection 1. It would seem that a priest may not, by the penitent’s permission, reveal to another a sin which he knows under the seal of confession. For an inferior may not do what his superior may not. Now the Pope cannot give permission for anyone to divulge a sin which he knows through confession. Neither therefore can the penitent give him such a permission.
Objection 2. Further, that which is instituted for the common good of the Church cannot be changed at the will of an individual. Now the secrecy of confession was instituted for the good of the whole Church, in order that men might have greater confidence in approaching the confessional. Therefore the penitent cannot allow the priest to divulge his confession.
Objection 3. Further, if the priest could grant such a permission, this would seem to palliate the wickedness of bad priests, for they might pretend to have received the permission and so they might sin with impunity, which would be unbecoming. Therefore it seems that the penitent cannot grant this permission.
Objection 4. Further, the one to whom this sin is divulged does not know that sin under the seal of confession, so that he may publish a sin which is already blotted out, which is unbecoming. Therefore this permission cannot be granted.
On the contrary, If the sinner consent, a superior may refer him by letter to an inferior priest. Therefore with the consent of the penitent, the priest may reveal a sin of his to another.
Further, whosoever can do a thing of his own authority, can do it through another. But the penitent can by his own authority reveal his sin to another. Therefore he can do it through the priest.
I answer that There are two reasons for which the priest is bound to keep a sin secret: first and chiefly, because this very secrecy is essential to the sacrament, in so far as the priest knows that sin, as it is known to God, Whose place he holds in confession: secondly, in order to avoid scandal. Now the penitent can make the priest know, as a man, what he knew before only as God knows it, and he does this when he allows him to divulge it: so that if the priest does reveal it, he does not break the seal of confession. Nevertheless he should beware of giving scandal by revealing the sin, lest he be deemed to have broken the seal.
Reply to Objection 1. The Pope cannot permit a priest to divulge a sin, because he cannot make him to know it as a man, whereas he that has confessed it, can.
Reply to Objection 2. When that is told which was known through another source, that which is instituted for the common good is not done away with, because the seal of confession is not broken.
Reply to Objection 3. This does not bestow impunity on wicked priests, because they are in danger of having to prove that they had the penitent’s permission to reveal the sin, if they should be accused of the contrary.
Reply to Objection 4. He that is informed of a sin through the priest with the penitent’s consent, shares in an act of the priest’s, so that the same applies to him as to an interpreter, unless perchance the penitent wish him to know it unconditionally and freely.
Article 5. Whether a man may reveal that which he knows through confession and through some other source besides?
Objection 1. It would seem that a man may not reveal what he knows through confession and through some other source besides. For the seal of confession is not broken unless one reveals a sin known through confession. If therefore a man divulges a sin which he knows through confession, no matter how he knows it otherwise, he seems to break the seal.
Objection 2. Further, whoever hears someone’s confession, is under obligation to him not to divulge his sins. Now if one were to promise someone to keep something secret, he would be bound to do so, even if he knew it through some other source. Therefore a man is bound to keep secret what he knows through the confession, no matter how he knows it otherwise.
Objection 3. Further, the stronger of two things draws the other to itself. Now the knowledge whereby a man knows a sin as God knows it, is stronger and more excellent than the knowledge whereby he knows a sin as man. Therefore it draws the latter to itself: and consequently a man cannot reveal that sin, because this is demanded by his knowing it as God knows it.
Objection 4. Further, the secrecy of confession was instituted in order to avoid scandal, and to prevent men being shy of going to confession. But if a man might say what he had heard in confession, though he knew it otherwise, scandal would result all the same. Therefore he can nowise say what he has heard.
On the contrary, No one can put another under a new obligation, unless he be his superior, who can bind him by a precept. Now he who knew of a sin by witnessing it was not bound to keep it secret. Therefore he that confesses to him, not being his superior, cannot put him under an obligation of secrecy by confessing to him.
Further, the justice of the Church would be hindered if a man, in order to escape a sentence of excommunication, incurred on account of some sin, of which he has been convicted, were to confess to the person who has to sentence him. Now the execution of justice falls under a precept. Therefore a man is not bound to keep a sin secret, which he has heard in confession, but knows from some other source.
I answer that, There are three opinions about this question. For some say that a man can by no means tell another what he has heard in confession, even if he knew it from some other source either before or after the confession: while others assert that the confession debars him from speaking of what he knew already, but not from saying what he knew afterwards and in another way. Now both these opinions, by exaggerating the seal of confession, are prejudicial to the truth and to the safeguarding of justice. For a man might be more inclined to sin, if he had no fear of being accused by his confessor supposing that he repeated the sin in his presence: and furthermore it would be most prejudicial to justice if a man could not bear witness to a deed which he has seen committed again after being confessed to him. Nor does it matter that, as some say, he ought to declare that he cannot keep it secret, for he cannot make such a declaration until the sin has already been confessed to him, and then every priest could, if he wished, divulge a sin, by making such a declaration, if this made him free to divulge it. Consequently there is a third and truer opinion, viz. that what a man knows through another source either before or after confession, he is not bound to keep secret, in so far as he knows it as a man, for he can say: “I know so end so since I saw it.” But he is bound to keep it secret in so far as he knows it as God knows it, for he cannot say: “I heard so and so in confession.” Nevertheless, on account of the scandal he should refrain from speaking of it unless there is an urgent reason.
Reply to Objection 1. If a man says that he has seen what he has heard in the confessional, he does not reveal what he heard in confession, save indirectly: even as one who knows something through hearing and seeing it, does not, properly speaking, divulge what he saw, if he says he heard it, but only indirectly, because he says he has heard what he incidentally saw. Wherefore he does not break the seal of confession.
Reply to Objection 2. The confessor is not forbidden to reveal a sin simply, but to reveal it as heard in confession: for in no case is he allowed to say that he has heard it in the confessional.
Reply to Objection 3. This is true of things that are in opposition to one another: whereas to know a sin as God knows it, and to know it as man knows it, are not in opposition; so that the argument proves nothing.
Reply to Objection 4. It would not be right to avoid scandal so as to desert justice: for the truth should not be gainsayed for fear of scandal. Wherefore when justice and truth are in the balance, a man should not be deterred by the fear of giving scandal, from divulging what he has heard in confession, provided he knows it from some other source: although he ought to avoid giving scandal, as far as he is able.
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