CATHOLIC PRIESTS TO BREAK THE SEAL OF CONFESSION IS CONTRARY TO THE SCRIPTURES, TRADITION AND WILL OF GOD AND HENCE NO ONE HAS THE POWER OR RIGHT TO CHANGE OR ALTER OR MODIFY.
CATHOLIC PRIESTS TO BREAK THE SEAL OF
CONFESSION IS CONTRARY TO THE SCRIPTURES, TRADITION AND WILL OF GOD AND HENCE
NO ONE HAS THE POWER OR RIGHT TO CHANGE OR ALTER OR MODIFY.
Recently some
governments are enacted a law in which,” Laws concerning mandatory reporting to
child protection authorities should not exempt persons in religious ministry
from being required to report knowledge or suspicions formed, in whole or in
part, on the basis of information disclosed in or in connection with a
RELIGIOUS CONFESSION.
As
per the Catholic Church Law, Canon 229 (i) of the Code of Canon Law, I am duty
bound to write letter to the Governments concerned that some forces are trying to
destroy Christianity.
Wherein
one official replied to me that “the power is vested with the government but as
on the day the governor has no legal power to act through this letter”.
G.
ALEX BENZIGER, Attorney at Law, Chennai, South India.
THE LETTER
From Date: June 04, 2019.
G. ALEX
BENZIGER,
Advocate,
No.123,
Addl. Law Chambers,
High
Court Buildings,
Chennai – 600
104.
South
India.
To
1.
HIS EXCELLENCY
THE HONOURABLE
DAVID HURLEY,
The Governor General of Australia
Government House
Dunrossil
Drive
YARRALUMLA ACT 2600
YARRALUMLA ACT 2600
AUSTRALIA
2.
THE HONOURABLE SCOTT MORRISON MP
Prime Minister of Australia
Parliament House
CANBERRA ACT 2600
Prime Minister of Australia
Parliament House
CANBERRA ACT 2600
AUSTRALIA
3.
HIS EXCELLENCY
THE HONOURABLE
HIEU VAN LE AC
Governor of South Australia
Governor of South Australia
Government House
GPO Box 2373
ADELAIDE SA 5001
GPO Box 2373
ADELAIDE SA 5001
AUSTRALIA.
May
it please your Excellency,
Sub: The South Australia has amended the Children
and Young People (Safety) Act 2017,
wherein Laws
concerning
mandatory reporting to child protection
authorities on the basis of information
disclosed
during a confession be entirely
removed– Regarding.
1.I am a practicing
advocate in the High Court of Judicature at Madras, South India, with 34 years
of Bar Experience. I am professing Roman Catholicism as my religious faith. Our
forefathers were converted into Christianity 300 years before. I am hailing
from Kanyakumari District, which is situated at the Southern tip of India. I am
belonging to the suppressed community (Nadar Caste) in the Travancore Kingdom.
The Travancore Kingdom was established in 1729 and ruled till 1949. The
Travancore Kingdom merged with India after two years of its independence from
the British government. Our family has the genealogy from 1754 onwards till
date. (https://www.maravankudieruppu.com/genealogy.html)
2.Now, in Australia,
there is a threat to the Catholic Church in respect of the SACRAMENT OF
COFESSION. Laws concerning mandatory reporting to child protection authorities
should not exempt persons in religious ministry from being required to report
knowledge or suspicions formed, in whole or in part, on the basis of
information disclosed in or in connection with a RELIGIOUS CONFESSION. The South Australia amended the
Children and Young People (Safety) Act 2017, ministers of religion will be subject to strict mandatory
reporting requirements, which will include information communicated during a confession. The
Act is being implemented in two phases - the first phase commenced on 26
February 2018 and the remaining sections of the Act will commence in October
2018.
3.As per the Catholic
Church Law, Canon 229 (i) of the Code of Canon Law, I am duty bound to write
this letter to Your Excellency that some forces are trying to destroy
Christianity.
4. We believe that
Jesus Christ is our Lord God and His teachings are binding us. After His
Resurrection, He directed His disciples that “Whose sins you forgive are
forgiven them, and whose sins you retain are retained” (John 20:19-23) and
therefore, we should obey the Will of God. It is impossible that the Church
will go against this verse. It is impossible we the Catholics go against our
conscience. Pursuant to every Catholic priest taken oath to the Church, the
priest is never to break that seal. If necessary, the priests are preferring to
die, rather than break the Seal of Confession.
5. Catholics believe
that in the confessional we can tell God everything that is on our heart and
seek his healing mercy. The priest is only an instrument; he stands in the
“person of Christ.” We confess our sins — not to a man but to God. Therefore,
Confession is sacred — to every priest and every Catholic.
6. Catholic doctrine of
the seal of confession dates back to the Fourth Lateran Council of 1215, which
mandated that Catholics confess their grave sins to a priest via the sacrament
of Penance. Further, the Code of Canon Law, Canon 983(i) states: “The
sacramental seal is inviolable; therefore, it is a crime for a confessor in any
way to betray a penitent by word or in other manner or for any reason”. The
penalty for any priest who divulges anything heard in confession—or even a
penitent’s identity—is automatic excommunication. As per the Canon 1388(i)
states that “A confessor who directly violates the sacramental seal, incurs a
“latae sententiae” excommunication”.
7. In recent
development, in respect of child abuse in Australia, a Royal Commission was set
up and a detailed report in which the commission has made 85 recommendations
that it says are aimed at better protecting children from sexual abuse that
"Laws concerning mandatory reporting to child protection authorities
should not exempt persons in religious ministry from being required to report
knowledge of suspicions formed, in whole or in part, on the basis of
information disclosed in or in connection with a religious confession".
Whereas the Australian Catholic Bishops Conference and Catholic Religious
Australia’s Responded to the Royal Commission into Institutional Responses to
Child Sexual Abuse on August 2018. The laws passed Parliament in July 2017,
following consultation with the community and the child protection sector. The
Act is being implemented in two phases - the first phase commenced on 26
February 2018 and the remaining sections of the Act will commence in October
2018. The new laws come into effect in October 2018 which change these
mandatory reporting requirements. Under the new Children and Young People (Safety) Act 2017, ministers of religion will be subject to strict mandatory
reporting requirements, which will include information communicated during a
confession. These reporting requirements will also apply to others in the
community, such as social workers, educators and police officers.
8.On October 1, 2018
South Australia will become the first Australian jurisdiction to introduce a law
compelling a “minister of religion” to report any confessions of child sexual
abuse.
9.The religious freedom
argument central to the debate
has been that protecting the seal of
confession is part of religious freedom.
Priests who oppose the proposed law have argued that denying the “confessional
privilege would leave them in fear of surveillance and prosecution for their
religion”. Religious freedom is recognised under section 116 of the
Constitution and by Australian courts.
Australia is also a party to a several international agreements that protect
religious freedom, such as International
Covenant on Civil and Political Rights.
10.The
most recent census shows that
Australia is a secular and multi-faith society. Yet, some laws in Australia
continue to provide an exception for religious organisations. For
example, section 127 of the
Commonwealth Evidence Act 1995 confers a privilege for religious confessions.
It entitles members of the clergy to “refuse to divulge” a religious
confession, but only if the confession was not made for a criminal purpose.
Evidence laws in most Australian jurisdictions also protect religious
confession privilege. The privilege conferred on religious organisations are
taken away by the newly enacted law. It is bad in law.
11. Attack on the
Freedom of the Catholic Church is that
once the Seal of Confession is broken,
the Sacrament of Mercy—through which God forgives sins through the ministry of
the priest—becomes unviable. In other words, the Church loses Her freedom. The
Church will effectively become an instrument of the State since She will be
compelled to report on all activities of citizens that the State deems
necessary. The Government intrudes the conscience of individual citizens.
12. It is far more
likely that journalists and lawyers would hear admissions about such crimes.
Yet this bill does not propose doing away with the attorney-client privilege or
the protection of journalists’ sources. It only targets Catholic priests and Catholics and
hence the Government has biased attitudes towards its Catholics citizens.
13. Forcing priests to
break the Seal of Confession places them in the excruciating dilemma of having
to choose between obeying God and His Church or a secularist court of law! All
priests who are faithful to their sublime vocation will answer with Saint
Peter: “We ought to obey God, rather than men”. (Acts 5:29). The Confessors
under Communism and Nazism suffered prison, torture and execution rather than
fail in their duty to preserve the Seal of Confession. Most Rev. Dr. Denis
Hart, the Archbishop of Melbourne said he would risk going to jail rather than
report allegations of child sexual abuse raised during confession, and that the
sacredness of communication with God during confession should be above the law.
Hence, we the Catholics are prepared to sacrifice our lives to defend our
faith.
14. It is the
responsibility of the one sponsoring the bill to prove that this ‘breaking of
the seal of confession’ will have the effect they claim. Otherwise, its’ a
meaningless political gesture to pander to progressives who already hate the
Church. It is undoubtedly an attack on the Church. The child abuse is NOT the
concern of Leftist politicians. Their concern is to totally destroy
Christianity.
15. In 1809, Napoleon's
men entered the Vatican, arrested Pope Pius VII and brought him in chains to
Grenoble, and eventually Fontainebleau. His imprisonment lasted five years. The
Holy Father vowed to God that, if he were restored to the Roman See, he would
institute a special feast in honour of Mary. Military reverses forced Napoleon
to release the Pope, and on May 24th, 1814, Pius VII returned in triumph to
Rome. Therefore, we the Catholics will be prepared to sacrifice our lives to
defend our faith.
16. The South
Australian Government will tell all the Australian army men that anyone from
defence forces captured in other country, while in torturing in that country he
gives the army secrets in full. Is it right?
Is it possible?
17.
Every Government enact laws against terrorism, dacoit, theft, corruption and
rapes/sexual abuses, but no Government prevent or eliminate these crimes.
Likewise, the child abuses also. But the Catholic Church never compromise this
child abuse crime. The Church never teaches against morals or support or teach
any form of crime or any form of immoral activities. The Churchmen sacrificed
their life for spreading the love, charity and service, that is, commanded by
Our Lord Jesus Christ. Therefore, the present law warrants the catholic priests
to disclose the child abuse heard during the sacrament of confession to the
concerned authorities are cannot be accepted by the Catholic Church on the
following reasons:
(i). “How
can you expect a penitent to reveal a crime confessed before the priest during confession. These
are all based upon everyone’s belief based on their conscience. No coercion or
compulsion but purely voluntary. In my early days in 1970 there was a sermon
given by one traditional priest who told a story that “a penitent Mr. John is
confessing his sin before a priest Fr. Mathew and in the opposite side another
priest Fr. Mark also hearing confession. While the penitent Mr. John was
confessing, a cockroach, a frog and a scorpion were coming out of his mouth but
one snake came from his mouth, but the snake could never come out of the
penitent’s mouth and finally the penitent went away, the confession was over.
The opposite side priest Fr. Mark was watching this scene of confession of Mr.
John. This story is explaining that the cockroach, frog and scorpion are the
venial sins committed by Mr. John. But the snake represents a mortal sin. The
sinner Mr. John was not willing to confess the mortal sin to the confessor
Priest Fr. Mathew. Therefore, nobody will expect sinners to reveal a crime
confessed before the priest in the confession. The sinner may confess or let it
out, but nobody knows but God and the sinner only know the truth. Therefore,
the priest being required to report the crime to the police is unwanted, but it
is a persecution enacted by the South Australian government itself.
(ii). Suppose
a boy confessed before a priest that he was molested by a man. Very next day
when the same man confessed before the priest, but the man did not speak about
the said molestation incident. After one week the boy’s father complained to
the police. The police called the priest and asked about the man’s confession
and the priest told the police that the man said nothing about the molestation.
Here we believe the boy or the man or the priest. Further, if the priest was
punished, then the judicial system is jeopardised. Because, “Let a hundred
guilty be acquitted but one innocent should not be convicted”, this is the
basic ethics of the Judicial system.
(iii). If
the seal of the confessional be removed, would any one child would come to the
priest in confessional and confess the sexual abuse? If priests were to be
forced to disclose the facts of such confessions to law enforcement, it would
create even more cases of such abuse, because perpetrators would not confess
these sins to a priest, and they would only subconsciously bury their guilt and
they would no longer seek neither forgiveness nor a change their own
behaviour. Leaving confessions confidential has benefits for both offender
and victim. It was given to the priests to be a tribunal in which the sinners
feel free to reveal their most profound sins for the sake of spiritual healing.
Therefore, the present law is baseless, and it is interfering with penitent’s
belief and conscience.
(iv). The seal of confession,
also known as the “sacrament of penance” or “sacrament of reconciliation”, is
fundamental to the Catholic faith. Sinners can ask for forgiveness for their
sins, allowing them to “reconcile with God and the Church”. It is usually done
in the confessional box in churches. The seal applies only to communications
made during sacramental confession to a priest. Canon Law
1388(i) forbids priests from disclosing a confession. As per this Canon, a
priest who violates the seal of confession, faces ex-communication,
which is the most severe form of punishment in the Catholic faith. Saint John
Nepomuceno (1340–1393), vicar general to the Archbishop of Prague, was a martyr
for the Seal of Confession when he refused to reveal to the cruel and unjust
King Wenceslaus IV the contents of the Queen’s confession. Therefore, breaking
the seal of confession is meaningless and it is purportedly an attack on the
Catholic Church.
(v). As a
matter of fact, that the South Australian Legislatures enacted the law that the
minister of religion is to disclose the child abuse while hearing the religious
confession is interfering with the Scripture and Church Doctrine, in respect of
the Catholic faith of sacrament of confession. It affects the priest’s vow
given to the Church. Ultimately the priest would suffer eternal damnation
according to the word of God, “if he will not hear the church, let him be to
thee as the heathen and publican”. (Mt.18:17). Christianity has been spread all
over the world by millions of Missionaries who have sacrificed their lives by
fire and were tortured and brutally murdered by lions and other wild animals.
We believe that Jesus Christ is our Lord God and His teachings are binding us
for ever. Therefore, we the Christians are bound to defend the Catholic Church
from any kind of interference to save the teachings of Our Lord Jesus Christ at
any cost.
(vi). Lastly,
if a man has written a WILL and after his death, no court or authority has the
right to change or alter anything in the Will. It is likewise, the sacrament of
confession. It has commanded by Our Lord Jesus Christ and it is written in the
Scripture. It is the WILL of God. So, the Catholic Church, or the Pope or any
other Ecumenical Body does not have the right to change or alter or modify
anything against the Scripture. Therefore, it is impossible to go against the
WILL OF OUR LORD JESUS CHRIST.
In these circumstances it is prayed that the present Laws requiring
Catholic priests to break the seal of confession in some cases passed by the
Australian Capital Territory’s Legislative Assembly in Canberra on June 7, 2018
is contrary to the Scriptures, Tradition, WILL of GOD and the belief and
conscience of the Catholics. Hence the present Law “to break the seal of
confession cannot be accepted by the Catholic Church, because the Catholic
Church doesn’t have power to deal with it”. Therefore, Your Excellency may be
pleased to interfere with the above said law and it may be recalled and thus
render justice.
Yours sincerely,
(G. ALEX BENZIGER)
Copy
to:
Palazzo ApostolicoVaticano,
Citta
del Vaticano 00120
Roma, Italy.
2. HIS
EMINENCE CARDINAL FERNANDO FILONI,
Prefect of the Congregation for the
Evangelization of Peoples
Palazzo di Propaganda Fide
00187 Roma, Piazza di Spagna,48
Roma, Italy.
3.
HIS EMINENCE
MALCOLM CARDINAL
RANJITH,
Archbishop of Colombo
Archbishop’s House,
BORELLA,
COLOMBO-08,
SRI LANKA
4. HIS GRACE MOST REV. DR. DENIS HART
Archbishop of Melbourne,
383 Albert St. East Melbourne VIC
3002,
Australia
SIMILAR LETTERS WERE SENT TO
CALIFORNIA, COSTA RICA and NEW YORK
1-California on
June 02, 2019.
Letter sent to
1. HIS EXCELLENCY
THE HON’BLE GAVIN NEWSOM,
GOVERNOR OF CALIFORNIA
2. HONOURABLE MR. ANTHONY RENDON,
SPEAKER OF CALIFORNIA
In the matter of
The
California Senate passed the law on May 23,2019that SB 360 Section
11166(d)(1) be entirely removed–Regarding.
Copy
to:
SECRETARY
OF STATE
2. HIS EMINENCE CARDINAL FERNANDO FILONI,
Prefect of the Congregation for the Evangelization
of Peoples,
3. HIS EMINENCE
MALCOLM CARDINAL RANJITH,
Archbishop of Colombo,
4. HIS GRACE
JOSE HORACIO GOMEZ,
Archbishop of Los Angeles
5. HIS
EXCELLENCY MICHAEL C. BARBER, SJ
Bishop of Oakland
2. New
York on June
03, 2019.
Letter sent to
HIS EXCELLENCY
THE HONORABLE ANDREW M. CUOMO
Governor of New York State
In the matter of
New York State Assembly amended Section 4505 of the civil practice law
chapter 520 of the laws of
1965, in the Child Abuse Reporting Expansion (CARE)
Act, be entirely removed-Regarding.
Copy
to:
2. HIS EMINENCE CARDINAL FERNANDO FILONI,
Prefect of the Congregation for the Evangelization of
Peoples
3. His Eminence Cardinal Timothy M. Dolan
Archbishop
of New York
4. HIS EMINENCE
MALCOLM CARDINAL RANJITH,
Archbishop
of Colombo
3-Costa Rica on June 18, 2019
Letter sent to
1. HIS
EXCELLENCY
The President of Costa Rica
2. HONOURABLE
Mr. CARLOS RICARDO BENAVIDES
JIMÉNEZ (Male)
President
of the Legislative Assembly
In the matter of
Proposed
Bill would require Catholic priests to tell authorities when they hear
confessions of child abuse and pedophilia be
entirely dropped–Regarding.
Copy to:
SECRETARY OF STATE
2 . HIS EMINENCE CARDINAL FERNANDO FILONI,
Prefect of the Congregation for the
Evangelization of Peoples
3. HIS GRACE JOSÉ
RAFAEL QUIRÓS,
Arzobispado,
Avenida
Cuarta entre Calle Central y calle Primera,
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