CHAPTER XXV.

CASES AND DIRECTIONS ABOUT TRUSTS AND SECRETS.

_Tit. 1. Cases of Conscience about Trusts and Secrets._

_Quest._ I. How are we forbidden to put our trust in man? And how

may it be done?

_Answ._ 1. You must not trust man for more than his proportion,

and what belongs to man to do: you must not expect that from him which

God alone can do. 2. You must not trust a bad, unfaithful man to do

that which is proper to a good and faithful man to do. 3. You must not

trust the best man, being imperfect and fallible, as fully as if you

supposed him perfect and infallible: but having to do with a corrupted

world, we must live in it with some measure of distrust to all men

(for all that Cicero thought this contrary to the laws of friendship).

But especially ignorant, dishonest, and fraudulent men must be most

distrusted. As Bucholtzer said to his friend that was going to be a

courtier, _Commendo tibi fidem diabolorum, crede et contremisce_:

he that converseth with diabolical men, must believe them no further

than is due to the children of the father of lies. But we must trust

men as men, according to the principles of veracity that are left in

corrupted nature; and we must trust men so far as reason showeth us

cause, from their skill, fidelity, honesty, or interest: so a surgeon,

a physician, a pilot may be trusted with our lives: and the skilfuller

and faithfuller any man is, the more he is to be trusted.

_Quest._ II. Whom should a man choose for a matter of trust?

_Answ._ As the matter is: one that hath wisdom, skill, and

fidelity, through conscience, honesty, friendship, or his own apparent

interest.

_Quest._ III. In what cases may I commit a secret to another?

_Answ._ When there is a necessity of his knowing it, or a greater

probability of good than hurt by it, in the evidence which a prudent

man may see.

_Quest._ IV. What if another commit a thing to me with charge of

secrecy, and I say nothing to him, and so promise it not; am I bound

to secrecy in that case?

_Answ._ If you have cause to believe that he took your silence

for consent, and would not else have committed it to you, you are

obliged in point of fidelity, as well as friendship: except it be with

robbers, or such as we are not bound to deal openly with, and on terms

of equality.

_Quest._ V. What if it be a secret, but I am under no command or

promise at all about it?

_Answ._ You must then proceed according to the laws of charity

and friendship; and not reveal that which is to the injury of another,

without a greater cause.

_Quest._ VI. What if it be against the king, or state, or common

good?

_Answ._ You are bound to reveal it, so far as the safety of the

king, or state, or common good requireth it; yea, though you swear the

contrary.

_Quest._ VII. What if it be only against the good of some third

ordinary person.

_Answ._ You must endeavour to prevent his wrong, either by

revealing the thing, or dissuading from it, or by such means as

prudence shall tell you are the meetest, by exercising your love to

one, without doing wrong to the other.

_Quest._ VIII. What if a man secretly intrust his estate to me,

for himself or children, when he is in debt, to defraud his creditors?

_Answ._ You ought not to take such a trust: and if you have done

it, you ought not to hold it, but resign it to him that did intrust

you. Yea, and to disclose the fraud, for the righting of the

creditors, except it be in such a case as that the creditor is some

such vicious or oppressing person, as you are not obliged to exercise

that act of charity for; or when the consequents of revealing it will

be a greater hurt, than the righting of him will compensate;

especially when it is against the public good.

_Quest._ IX. What if a delinquent intrust me with his estate or

person to secure it from penalty?

_Answ._ If it be one that is prosecuted by a due course of

justice, _cujus pœna debetur reipublicæ_, whose punishment the

common good requireth, the case must be decided as the former: you

must not take nor keep such a trust. But if it be one whose repentance

giveth you reason to believe, that his impunity will be more to the

common good than his punishment, and that if the magistrate knew it,

he ought to spare or pardon him, in this case you may conceal his

person or estate; so be it you do it not by a lie, or any other sinful

means, or such as will do more hurt than good.

_Quest._ X. What if a friend intrust me with his estate to secure

it from some great taxes or tributes to the king? May I keep such a

trust or not?

_Answ._ No: if they be just and legal taxes, for the maintenance

of the magistrate or preservation of the commonwealth: but if it be

done by a usurper that hath no authority, (or done without or beyond

authority, the oppressing of the subject,) you may conceal his estate

or your own by lawful means.

_Quest._ XI. What if a man that suffereth for religion, commit

his person or estate to my trust?

_Answ._ You must be faithful to your trust, 1. If it be true

religion and a good cause for which he suffereth. 2. Or if he be

falsely accused of abuses in religion. 3. Or if he be faulty, but the

penalty intended, from which you secure him, is incomparably beyond

his fault and unjust. Supposing still that you save him only by lawful

means, and that it be not like to tend to do more hurt than good, to

the cause of religion or the commonwealth.

_Quest._ XII. What if a papist or other erroneous person intrust

me (being of the same mind) to educate his children in that way, when

he is dead, and afterward I come to see the error, must I perform that

trust or not?

_Answ._ No: 1. Because no trust can oblige you to do hurt. 2.

Because it is contrary to the primary intent of your friend; which was

his children's good. And you may well suppose that had he seen his

error, he would have intrusted you to do accordingly: you are bound

therefore to answer his primary intention, and truly to endeavour his

children's good.

_Quest._ XIII. But what if a man to whom another hath intrusted

his children, turn papist or heretic, and so thinketh error to be

truth? what must he do?

_Answ._ He is bound to turn back again to the truth, and do

accordingly.

_Object._ But one saith this is the truth and another that; and

he thinketh he is right.

_Answ._ There is but one of the contraries true. Men's thinking

themselves to be in the right doth not make it so. And God will not

change his laws, because they misunderstand or break them: therefore

still that which God bindeth them to is to return unto the truth. And

if they think that to be truth which is not, they are bound to think

otherwise. If you say, They cannot; it is either not true, or it is

long of themselves that they cannot: and they that cannot immediately,

yet mediately can do it, in the due use of means.

_Quest._ XIV. What if I foresee that the taking a trust may

hazard my estate, or otherwise hurt me, and yet my dying (or living)

friend desireth it?

_Answ._ How far the law of christianity or friendship oblige you

to hurt yourself for his good, must be discerned by a prudent

considering, what your obligations are to the person, and whether the

good of your granting his desires, or the hurt to yourself, is like to

be the greater, and of more public consequence: and whether you injure

not your own children or others by gratifying him. And upon such

comparison, prudence must determine the case.

_Quest._ XV. But what if afterward the trust prove more to my

hurt than I foresaw?

_Answ._ If it was your own fault that you foresaw it not, you

must suffer proportionably for that fault; but otherwise you must

compare your own hurt with the orphans', in case you do not perform

the trust: and consider whether they may not be relieved another way;

and whether you have reason to think that if the parent were alive and

knew the danger, he would expect you should perform your trust, or

would discharge you of it. If it be some great and unexpected dangers,

which you think upon good grounds the parent would acquit you from if

he were living, you fulfil your trust if you avoid them, and do that

which would have been his will if he had known it. Otherwise you must

perform your promise though it be to your loss and suffering.

_Quest._ XVI. But what if it was only a trust imposed by his

desire and will, without my acceptance or promise to perform it?

_Answ._ You must do as you would be done by, and as the common

good, and the laws of love and friendship, do require. Therefore the

quality of the person, and your obligations to him, and especially the

comparing of the consequent good and evil together, must decide the

case.

_Quest._ XVII. What if the surviving kindred of the orphan be

nearer to him than I am, and they censure me and calumniate me as

injurious to the orphan, may I not ease myself of the trust, and cast

it upon them?

_Answ._ In this case also, the measure of your suffering must first

be compared with the measure of the orphan's good; and then your

conscience must tell you whether you verily think the parent who

intrusted you, would discharge you if he were alive and knew the case.

If he would, though you promised, it is to be supposed that it was not

the meaning of his desire or your promise, to incur such suffering:

and if you would not believe that he would not discharge you if he

were alive, then if you promised you must perform; but if you promised

not, you must go no further than the law of love requireth.

_Quest._ XVIII. What is a minister of Christ to do, if a penitent

person confess secretly some heinous or capital crime to him (as

adultery, theft, robbery, murder); must it be concealed or not?

_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.

_Direct._ II. Be very careful what persons you commit either

trusts or secrets to; and be sure they be trusty by their wisdom,

ability, and fidelity.

_Direct._ III. Be not too forward in revealing your own secrets

to another's trust: for, 1. You cannot be certain of any one's

secrecy, where you are most confident. 2. You oblige yourself too much

to please that person, who by revealing your secrets may do you hurt;

and are in fear lest carelessness, or unfaithfulness, or any accident

should disclose it. 3. You burden your friend with the charge and care

of secrecy.[168]

_Direct._ IV. Be faithful to your friend that doth intrust you;

remembering that perfidiousness or falseness to a friend, is a crime

against humanity, and all society, as well as against christianity;

and stigmatizeth the guilty in the eyes of all men, with the brand of

an odious, unsociable person.

_Direct._ V. Be not intimate with too many, nor confident in too

many; for he that hath too many intimates, will be opening the secrets

of one to another.

_Direct._ VI. Abhor covetousness and ambition; or else a bribe or the

promise of preferment, will tempt you to perfidiousness. There is no

trusting a selfish, worldly man.

_Direct._ VII. Remember that God is the avenger of perfidiousness,

who will do it severely: and that even they that are pleased and

served by it, do yet secretly disdain and detest the person that doth

it; because they would not be so used themselves.

_Direct._ VIII. Yet take not friendship or fidelity to be an

obligation to perfidiousness to God, or the king, or commonwealth, or

to another, or to any sin whatsoever.

[168] Quod tacitum esse velis nemini dixeris. Si tibi non imperasti,

quomodo ab alio silentium speras? Martin. Dumiens, de morib.

A Christian Directory, Part 4: Christian Politics · 第 27 / 38 章