Note B — Chapter XLVIII

After Father Tesimond had told Garnet (with Catesby’s leave) of the Plot, thereby bringing the matter as a natural secret indirectly under the seal of the Confessional, Garnet could not sleep at nights. Now, sleeplessness, combined with carking care and keen distress of heart, would inevitably tend to unbalance even the very strongest of human minds, at least, temporarily. Tesimond told Garnet generally of Catesby’s diabolical plan “a little before” St. James’-tide (i.e., the 25th of July, 1605), at Fremland, in Essex, but by way of confession. The Government, however, it seems to me, from the report of the trial in Jardine’s “Criminal Trials” and from Lingard, condemned Garnet not because he did not reveal particular knowledge he had received in the Confessional from Tesimond, but because he did not reveal general knowledge he had from Catesby outside the Confessional. This, in fairness to James I., Salisbury, and the King’s Council, should be faithfully borne in mind. Moreover, according to one school of Catholic moralists, in either case the Government ought to have been communicated with if Garnet could have done so without risk of divulging Tesimond’s name. Indeed, Garnet himself took this view — the view which most princes and statesmen will prefer, I should fancy. Garnet, however, had not the machinery ready to his hand to carry both views into practical effect. Therefore Garnet, to my mind, was eminently justified in not divulging the particular knowledge he had from Tesimond by way of confession. For according to the teaching of Thomas Aquinas, the Christian Aristotle, a natural secret may be indirectly protected by the seal of the Confessional if the priest promises so to protect it. I conclude, however, that (1) according to the dictates of right reason the promise may be either implied or expressed, and (2) that in the case of overwhelming necessity the promise may be broken, as in the case of High Treason, if the priest can avoid, with absolute certitude, exposing the name of the depositor of the wicked secret. It was because Garnet could not avoid exposing Tesimond’s name practically that he was justified in not acting upon his own abstract principles in relation to the knowledge he had from Tesimond by way of confession.