Baxter - BJ1441 B3 1673

What u aMin. ofChrift to doi11 cafe of heinauo or Capital crimesre~ealedi11 (01ijej?ion ? 165 ~ Anfiv. J. I~ a pu~pofe of finningbe 'antcce~ei1tly confdfed, it is unla_wful to farther the crime, or g 1 vc: opportunny to 1t by a concealment ; But 1t mu(\ be fa far opened as 1S necelf:uy for the prevention of anothcrs w_ron~, or the perfons fin : Efpecially if it be Treafon again{\ the King, or Kingdom, or auy thing agam!l the common good. • 2 , \.Vhe~ the punilhment of the offender is appucntly ncceftur to the goodof others, cfpecially to tight the Kmg or Counu cy, and to preferve them from danger by the offender or any other it is a duty to open a pafi fault that is confdfed, and to bring the offender to puniChmcnt, rather 'than in~ jure the innocem_ by _thc~r impunity. _ _ . 3 . ·w hen RefiJtuoon IS neceff.uy w a pcrion mJuted, you may not by concealment hinder fuch Re· l!itution; but muO: procure it to your power where it mily b: had. 4 • It is unlawf4.l ro promifc: uniwerfal fecrdit abfolutc:ly to any penitent. But yoU mufi: tcii him lxfore h~ confdf~h [If your crime b~ fuch as that opening it is ntcdfary to the ~referva.rion or right· ing of Kmg, or LouQney, or your Ne1ghbour, or to my own fafety, llhall not conccallt.J That ' 0 men may know how far to trufi you. · 5 . Yet in fomc rarecafes, ( as theprefc:rvationof our Parents, King, or Countrey ) it may be a dUty to promife and ptrform concealment, when there is no hurt like to follow but the lofs or haz:ud of our own lives, or liberties or efi:ates: And conftquently if no hurt be like to foJiow but foine pti· vare lofsof another, which I cannot prevent without a greater hurt. 6. If a man ignorant of the Law and of his own danger, have rafuly made a promife of fecrefie znd yet be in doubt, he Chould open the car: in hypolhtji only tofomc hone11 able .~a:-vy~r, enquiring if fuch acafe fhould be, wh:n the Law reqU!rech ot the Pdl:or, or what danger he 15 10 1f he conceal it : that hemay be able farther to judge of thecJfe, 7 . He that made no promifcof fecrdic>virtual or 01dual, may uttriJ ptJribus bt:ing the offc;nder to Cha.meor puni{hment. rather than fall into the like himft:If for thC concealmcnr. 8. He that r~fh\y prornifed univerf1l fecrdie; mufi compare the penitents danger and his own, and c01~tidcr who!c fuffc:ring is like to be! more to the publick detriment all things confidcred, and that muft Ge tirl\ avoided. . · 9 • He that fllldeth it his duty to reveal the crime to favc hirnfelf, i:nuft yet let the penitent have no– tice of it, that he may flyc and elc1pe; unltfs asaforcfaid, when the lntcrcfi: of the King or Countrey oi others doth more require his puniihrncnt. . · 10 , B~t when there is no fuch neceffityof the offenders punHhment, for the prevention of the hurt or wrong of others, nor any grc.at danger by con"alment to· the ·Minificr himfclf, l rhink ·that the Crime, though it were capital, ihould beconc_ealcd; My reafons are, 1 , Becaufe though every man be bound to do h1s bdl to prevent fin, yet every man is not bound robring offenders ta punilhment ; He that is no Magi!\nte, nor hath a fp<eial call (o to ·do, may be in many cifes not obliged to ir. - 2 , Jt is commonly concluded that (in mofi cafes) a capital offmder is not hound to bringhirn– fdf to punilhmcnt ; And that which you could not know ,!>ut by his liee Conf,fti,,n, and is confcfi ro you only on your promire of concealme·m, feemeth to m'e'to put you under no other obligation r:o bring him ro puni01mcnr:, than he is under himfe1f. . 3· Chrifis wor~sand pra_dice, in ~if~iffing t~.~ woman ~a.!\e,\\~fl~du:tery fbewc'_h t~~t !r: ~s notal– wayes a duty~ for one that ts no Magtllrate·to profecutc a apttal olfct\dc:r, but that lomenmc his re. pentance and life may be preferred. 4• And Magifiratcs pardons {heweth the fame. .• -· .:: , .· 1 , , , 5· Othcrwife no finner would have. the ~enefit of a Counfellor ~o open his t~oubled Confcience ret For if it be a duty to detetl: a great cnme m order ~o a great p,un!lhiJlent, v;hy nQt a lcfs alfo in or· der to a lefs punilhment. AQd who would co9fefs, w_hen,,it_)s_to bri~g tlmqfelvcs to punifhment. 1..· ••· •• ; •• ·;· • • • •• 1 1 • In thofe Counr:ries whe~e the Laws allow Pafiors to Con~iif' all criffits' th.at pe~tents f~~Cty confefs, it is left to the Paftors Judgement to concea! all that he d•fcerncth rn•y be ,conceal~d. without the greater injury of others, or of the Kmg or Common-wea~th. . . · . _ 12 , There is a knowledge of the_ faults of others, by Commqg fame, efp~Cially many years .~ter rhecommitting, which doth not obhge the hearers ro profecute t~~pffender. And yet a crime puy,– lickly known is more necef!'arily to be punithed (le!\ impunity emb?lden others to !he like )_,th~n a_n . unknow-n c::rime, revealed m Confeffion. , Yyyyyy y:

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