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A09111 A treatise tending to mitigation tovvardes Catholike-subiectes in England VVherin is declared, that it is not impossible for subiects of different religion, (especially Catholikes and Protestantes) to liue togeather in dutifull obedience and subiection, vnder the gouernment of his Maiesty of Great Britany. Against the seditions wrytings of Thomas Morton minister, & some others to the contrary. Whose two false and slaunderous groundes, pretended to be dravvne from Catholike doctrine & practice, concerning rebellion and equiuocation, are ouerthrowne, and cast vpon himselfe. Dedicated to the learned schoole-deuines, cyuill and canon lavvyers of the tvvo vniuersities of England. By P.R. Parsons, Robert, 1546-1610. 1607 (1607) STC 19417; ESTC S114220 385,613 600

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reason therof being not only that which heere Sepulueda doth touch but 〈◊〉 for that which before hath 〈◊〉 insynuated that thinges knowne in Almighty Gods Court and trybunall and as vttered vnto himself may truly be denyed to be knowne in a humaine tribunall and as the priest is a priuate man and not a publicke minister of God 5. One only Case there is wherin all the said Deuines agree that a Confessor may vtter any Cryme confessed vnto him Vnus est solus casus saith Tolet in quo Confessarius potest alteri manifestare peccatum Confessionis c. One only case there is in which the Confessor may manifest a syn heard in Confession vnto an other to wit by licence and Commission of the penitent himself which thing Doctor Nauarre doth proue at large by the common opinion of S. Thomas other Schoole Deuines with the concurrence and consent of the Canon law and lawyes cyted by him And then must he reueale it also but to him alone for whom he hath licence qui 〈◊〉 casu reuelat grauissimè peccat 〈◊〉 saith Tolet and whosoeuer in any other case doth reueale it he doth sinne a most grieuous mortall sinne and 〈◊〉 also the punishment assigned by the church in the Canon law for so heynous a cryme And if further saith he any wicked Iudge should compell him to reueale the same vnder an oath he may 〈◊〉 that he knoweth no such sinne though he know it indeed but yet knoweth it not so as he may reueale it And this is the common Doctryne of all disputed more at large by the Reuerend and learned man Dominicus Sotus the Emperour Charles his Confessor in a speciall Treatise called Relectio de tegendo 〈◊〉 A Relection about couering secrets wherin he sheweth how farre a man may disclose them and what obligation he hath of conscience to conceale them in euery sorte or kind And thus much breifly for this first case The second case about Secretes of the Common welth §. 2. 6. THE second Case that for obligation of secrecy commeth next to this first though in a different degree is when Magistrates and such as haue gouernement in the Common wealth as Senatours Councellours Gouernours Secretaries Notaries and 〈◊〉 like and con equently do know the secrets therof 〈◊〉 pressed to vtter them which they may not do in matters of moment and that may turne to the preiudice of the said 〈◊〉 wealth or of any particuler man if the businesse be of great weight and handled secretly by the Cōmon wealth for any cause or peril whatsoeuer yea though their liues should go therin for that they are more bound by reason of their offices to the reseruation of publicke secrets both by law of nature humane diuine then priuate men are though as Dominicus Sotus in his foresaid booke De tegendo Secreto doth shew that a priuate man also comming to know any secrets of the Common wealth is bound vnder mortall sinne to conceale them and rather to suffer death then to disclose the same especially to enemyes as the Ciuil law also declareth but much more those that are in publicke office wherof Sotus giueth this example among other If a Iudge which heareth a weighty cause should be assayled by one party vt merita causae prodat to vtter the merites or secrets of the cause debet potius gladio succumbere quam 〈◊〉 〈◊〉 He ought rather to suffer himselfe to be slayne by the sword then to breake his faith by vttering that secret but much greater more greiuous sinne it should be to vtter the same for money or bribery hatred malice or other like cause Et idem crediderim saith he de Scribis quorum fidei causae graues committuntur and the same I would thinke of Notaryes Scribes or Secretaries to whose faith weightie matters are committed 7. And finally the said Author hauing handled in the first part of his said learned booke the great obligation that man hath by law both of faith iustice equitie and charitie to conceale secrets he putteth these degrees therof In primo gradu saith he est secretum Confessionis in secundo secretum publicum c. In the first degree is the secret of Confession wherof we haue handled before in the second degree is the secret of the Common wealth out of Confession in the third degree is the secret of priuate persons and that in different sort all which we are bound to conceale ordinarily vnder the payne of mortall sinne except the smalnes of the cause do sometymes excuse the same and make it veniall So this learned man and it is the common opinion of other Schoole-Deuines in like manner 8. Wherfore seing the obligation not only of concealing secrets heard in Confession but of those also that be secular out of Confession is so great especially of those that be publicke and appertayne to the common wealth it followeth that when a man shall be vniustly pressed to vtter the same he may not only deny to vtter them which he must do vpon payne of damnation as yow haue heard but also dissemble to know them by any way of lawfull speach that may haue a true sense in his meaning though in his that presseth to know them it be otherwise wherof besides that which in the precedent Chapters hath byn said we shall haue occasion to treate more in the next case ensuing which is more generall For if it be lawfull for any priuate man that is called in question touching matters concerning himselfe and is wrongfully vrged to vtter his secrets to make euasion by any kind of lawfull amphibologie or Equiuocation as presently shall be proued then much more in defence of the publicke secret that concerneth the good of the Common wealth may the said Magistrate or publicke officers when they are iniustly demaunded or vrged contrary to the forme of law vse the benefit of like euasion so they speake no lye which alwayes is presupposed to be forbidden as vnlawfull for what cause soeuer and so much the more for that being publicke persons and as such knowing the said secrets of the common wealth they may as 〈◊〉 persons deny to know the same with this or like true reseruation of mynd so as they are bound or may vtter the same vnto him that vnlawfully demaundeth c. 9. And for that this case as hath byn said is for the most parte included handled againe in that which ensueth we shall heere treate the same no further nor cite more Authors about the determination therof for that those arguments and authorities that determine the one do decyde also the other The third case about any Party accused or called in Question §. 3. 10. THE third Case considerable in this place is de Reo of the partie accused or called in question in iudgement what or how he is bound to answere vnto crymes laid against him or to interrogatoryes proposed