 He says that Garnet's case even as cited by Lord Coke could hardly be in point, inasmuch as Garnet was not called as a witness in the Gunpowder treason trial, and that the obligation of the seal of confession, if put forward by Garnet at all, was only done so by way of his own defence that he was not a conspirator, but merely knew whatever he knew through hearing the confession of the others, and that Sir E. Coke appears almost to confess and avoid this plea by retorting that the confession was one of crime not yet executed.Sir Edward Coke in his commentary on the "Articuli Cleri", c. 10, interpreting the wording of it as he does, says that it declares the common law.His supporting this statement by the citation of a then recent case, together with his own argument, already mentioned, in that case, affords strong evidence that this great common lawyer was of opinion that even in his post-Reformation period the common law of England recognized the privilege of confession, except in the case of treason.