_Answ._ 1. If a purpose of sinning be antecedently confessed, it is unlawful to further the crime, or give opportunity to it by a concealment: but it must be so far opened as is necessary for the prevention of another's wrong, or the person's sin; especially if it be treason against the king or kingdom, or any thing against the common good.
2. When the punishment of the offender is apparently necessary to the good of others, especially to right the king or country, and to preserve them from danger by the offender or any other, it is a duty to open a past fault that is confessed, and to bring the offender to punishment, rather than injure the innocent by their impunity.
3. When restitution is necessary to a person injured, you may not by concealment hinder such restitution; but must procure it to your power where it may be had.
4. It is unlawful to promise universal secrecy absolutely to any penitent. But you must tell him before he confesseth, If your crime be such, as that opening it is necessary to the preservation or righting of king, or country, or your neighbour, or to my own safety, I shall not conceal it. That so men may know how far to trust you.
5. Yet in some rare cases, (as the preservation of our parents, king, or country,) it may be a duty to promise and perform concealment, when there is no hurt like to follow but the loss or hazard of our own lives, or liberties, or estates; and consequently if no hurt be like to follow but some private loss of another, which I cannot prevent without a greater hurt.
6. If a man ignorant of the law, and of his own danger, have rashly made a promise of secrecy, and yet be in doubt, he should open the case _in hypothesi_ only, to some honest, able lawyer, inquiring if such a case should be, what the law requireth of the pastor, or what danger he is in if he conceal it; that he may be able further to judge of the case.
7. He that made no promise of secrecy, virtual or actual, may, _cæteris paribus_, bring the offender to shame or punishment rather than to fall into the like himself for the concealment.
8. He that rashly promised universal secrecy, must compare the penitent's danger and his own, and consider whose suffering is like to be more to the public detriment, all things considered, and that must be first avoided.
9. He that findeth it his duty to reveal the crime to save himself, must yet let the penitent have notice of it, that he may fly and escape; unless as aforesaid, when the interest of the king, or country, or others, doth more require his punishment.
10. But when there is no such necessity of the offender's punishment, for the prevention of the hurt or wrong of others, nor any great danger by concealment to the minister himself, I think that the crime, though it were capital, should be concealed. My reasons are,
(1.) Because though every man be bound to do his best to prevent sin, yet every man is not bound to bring offenders to punishment. He that is no magistrate, nor hath a special call so to do, may be in many cases not obliged to it.
(2.) It is commonly concluded that (in most cases) a capital offender is not bound to bring himself to punishment: and that which you could not know but by his free confession, is confessed to you only on your promise of concealment, seemeth to me to put you under no other obligation to bring him to punishment than he is under himself.
(3.) Christ's words and practice, in dismissing the woman taken in adultery, showeth that it is not always a duty for one that is no magistrate to prosecute a capital offender, but that sometimes his repentance and life may be preferred.
(4.) And magistrates' pardons show the same.
(5.) Otherwise no sinner would have the benefit of a counsellor to open his troubled conscience to: for if it be a duty to detect a great crime in order to a great punishment, why not a less also in order to a less punishment. And who would confess when it is to bring themselves to punishment?
11. In those countries where the laws allow pastors to conceal all crimes that penitents freely confess, it is left to the pastor's judgment to conceal all that he discerneth may be concealed without the greater injury of others, or of the king or commonwealth.
12. There is a knowledge of the faults of others, by common fame, especially many years after the committing, which doth not oblige the hearers to prosecute the offender. And yet a crime publicly known is more to be punished (lest impunity imbolden others to the like) than an unknown crime, revealed in confession.
_Tit. 2. Directions about Trusts and Secrets._
_Direct._ I. Be not rash in receiving secrets or any other trusts: but first consider what you are thereby obliged to, and what difficulties may arise in the performance; and foresee all the consequents as far as is possible, before you undertake the trust; that you cast not yourselves into snares by mere inconsiderateness, and prepare not for perplexities and repentance.