Father Coton's maxim has not always been followed. In some countries there are state mysteries unknown to the public, of which revealed confessions form no inconsiderable part. By means of suborned confessors the secrets of prisoners are learned. Some confessors, to reconcile their conscience with their interest, make use of a singular artifice. They give an account, not precisely of what the prisoner has told them, but of what he has not told them. If, for example, they are employed to find out whether an accused person has for his accomplice a Frenchman or an Italian, they say to the man who employs them, "the prisoner has sworn to me that no Italian was informed of his designs;" whence it is concluded that the suspected Frenchman is guilty.
Bodin thus expresses himself, in his book, "De la République": "Nor must it be concealed, if the culprit is discovered to have conspired against the life of the sovereign, or even to have willed it only; as in the case of a gentleman of Normandy, who confessed to a monk that he had a mind to kill Francis I. The monk apprised the king, who sent the gentleman to the court of parliament, where he was condemned to death, as I learned from M. Canage, an advocate in parliament."
The writer of this article was himself almost witness to a disclosure still more important and singular. It is known how the Jesuit Daubenton betrayed Philip V., king of Spain, to whom he was confessor. He thought, from a very mistaken policy, that he should report the secrets of his penitent to the duke of Orleans, regent of the kingdom, and had the imprudence to write to him what he should not, even verbally, communicate to any one. The duke of Orleans sent his letter to the king of Spain. The Jesuit was discarded, and died a short time after. This is an authenticated fact.
It is still a grave and perplexing question, in what cases confessions should be disclosed. For, if we decide that it should be in cases of human high treason, this treason may be made to include any direct offence against majesty, even the smuggling of salt or muslins. Much more should high treasons against the Divine Majesty be disclosed; and these may be extended to the smallest faults, as having missed evening service.
It would, then, be very important to come to a perfect understanding about what confessions should be disclosed, and what should be kept secret. Yet would such a decision be very dangerous; for how many things are there which must not be investigated!
Pontas, who, in three folio volumes, decides on all the possible cases of conscience in France, and is unknown to the rest of the world, says that on no occasion should confession be disclosed. The parliaments have decided the contrary. Which are we to believe? Pontas, or the guardians of the laws of the realm, who watch over the lives of princes and the safety of the state?
Whether Laymen and Women Have Been Confessors?
As, in the old law, the laity confessed to one another; so, in the new law, they long had the same privilege by custom. In proof of this, let it suffice to cite the celebrated Joinville, who expressly says that "the constable of Cyprus confessed himself to him, and he gave him absolution, according to the right which he had so to do." St. Thomas, in his dream, expresses himself thus: "Confessio ex defectu sacerdotis laico facta, sacramentalis est quodam modo." "Confession made to a layman, in default of a priest, is in some sort sacramental."
We find in the life of St. Burgundosarius, and in the rule of an unknown saint, that the nuns confessed their very grossest sins to their abbess. The rule of St. Donatus ordains that the nuns shall discover their faults to their superior three times a day. The capitulars of our kings say that abbesses must be forbidden the exercise of the right which they have arrogated against the custom of the holy church, of giving benediction and imposing hands, which seems to signify the pronouncing of absolution, and supposes the confession of sins. Marcus, patriarch of Alexandria, asks Balzamon, a celebrated canonist of his time, whether permission should be granted to abbesses to hear confessions, to which Balzamon answers in the negative. We have, in the canon law, a decree of Pope Innocent III., enjoining the bishops of Valencia and Burgos, in Spain, to prevent certain abbesses from blessing their nuns, from confessing, and from public preaching: "Although," says he, "the blessed Virgin Mary was superior to all the apostles in dignity and in merit, yet it is not to her, but to the apostles, that the Lord has confided the keys of the kingdom of heaven."
So ancient was this right, that we find it established in the rules of St. Basil. He permits abbesses to confess their nuns, conjointly with a priest. Father Martène, in his "Rights of the Church," says that, for a long time, abbesses confessed their nuns; but, adds he, they were so curious, that it was found necessary to deprive them of this privilege.