1 May 1812

Evidence

Introd

Ch.17. Exclusion [...?]

5

§.7. $. Vexation by disclosure

Add here the case of Catholic confession

Exceptions to [...?][...?]

6. Where the nature of the transgression is such that the evil which it is liable to produce is produced wholly or principally by disclosure, then, in a seat or cause which has not for its direct object the bringing to light and inflicting punishment or exacting /and affording/ satisfaction as for such offence, the disclosure in question might not to be exacted.

Examples of this case, and on the whole, to no considerable extent, may it is supposed be found in that class of offences, in which the offence consists in gratification afforded in some way or other to the sexual appetite: such especially as when known become productive of disrepute to the individuals concerned, without being productive of evil in any determinate shape to any other assignable individuals.

7. In the case where on the one hand by non disclosure has for its certain or more or less probable consequence loss of satisfaction as for wrong or damage by non-receipt of /valuable/ service legally done,/by undue/ or subjection to burthensome obligations in any shape other than penal which on the other hand on the score of punishment or satisfaction as for wrong disclosures threatens to be productive, as above, of evil which but for such disclosure would more or less probably not be felt, it ought to be in the power of the Judge to pronounce what in his opinion is the /lesser/ greater of the two antagonizing evils, and decide accordingly.

[marginal note]

Communication made to a Catholic Priest by a Catholic in quality of his penitent communication /in the character in the way of confession/ being made [...?]. On the occasion /or for the purpose/ of a sin or crime je non [...?] or [...?] a Catholic priest to be compellable or [...?] to reveal any communication made to him as such in the way of confession [...?] to the right of the Catholic church?