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.