Case 2. A Professional Secret

Titius, a Catholic advocate, asked a confessor in the sacred tribunal whether he was bound to reveal an occult impediment to marriage in these circumstances. The banns were recently proclaimed concerning the marriage soon to be entered into between Julius and Julia. Titius, however, had recently been consulted by Julius concerning the sum of money to be assigned for the support of his offspring begotten from secret fornication with the sister of Julia. Hence the confessor asks:

1. What is a secret, and how many kinds are there?

2. Is it lawful to reveal secrets, and for what cause?

3. What kind of obligation does the proclamation of banns introduce?

4. What is to be said of the case?

1. What is a secret, and how many sorts of secrets are there?

A secret is some hidden matter concerning another, which can not be made known without causing him injury or displeasure. Besides the secret of the seal of confession, which is treated of elsewhere, divines distinguish three kinds of secret: the natural secret, the promised secret, and the secret which is communicated under an express or implied contract of secrecy.¹

1 Manual of Moral Theology, vol. i, p. 470.

2. May secrets be revealed sometimes, and for what cause?

Natural and promised secrets may be revealed when the public good requires it, or when an innocent person can not otherwise be defended. Even professional secrets may be revealed when the public weal would otherwise suffer seriously, and when he whose secret is in question abuses the privilege of secrecy to do harm to an innocent person.¹

1 Manual of Moral Theology, vol. i, p. 471 and following.

3. What sort of obligation is imposed by the proclamation of banns?

A grave obligation is imposed of disclosing to the priest any known impediment of the marriage. Even if the impediment be known under natural or promised secrecy, the obligation to disclose it will arise. It will not arise usually if the secret be of the third and stricter kind.²

2 The same work, p. 265.

4. The case. Titius, a Catholic lawyer, wishes to know whether he is bound to make known to the parish priest the diriment impediment of affinity in the first degree in the collateral line which in his professional capacity he has learned exists between Julius and Julia, who are going to be married. No; he should not tell the parish priest, as the matter is a professional secret, but he should take an opportunity to warn Julius about the impediment, if Julius does not know of it, so that a dispensation may be applied for in time before the marriage.