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Annotation Guide:

cover
The Ordinatio of John Duns Scotus
cover
Ordinatio. Book 4. Distinctions 14 - 42.
Book Four. Distinctions 14 - 42
Twenty First Distinction
Question Two. Whether a Confessor is in Every Case Bound to Hide a Sin Uncovered to him in Confession
I. To the Question
B. Proof of the Conclusions
1. About the First Conclusion
c. Scotus’ own Reasons for the First Conclusion

c. Scotus’ own Reasons for the First Conclusion

77. I maintain the first conclusion [n.65], therefore.

78. But I set down four other reasons, the first of which is taken from the idea of charity, the second from the idea of fidelity, the third from the idea of truth, the fourth from the idea of unity or mutual utility.

79. The first is of this sort: the law of nature about fraternal charity is expressed in Matthew 7.12, “Everything that you want men to do to you, do it to them; for this is the law and the prophets,” and Luke 6.31, “As you want men to do to you, do you also to them.” The proposition of natural law about fraternal charity must be understood in like way: “What you want for yourself,” that is, what you should want according to right reason, and this is understood in the proposition of Matthew 22.39, “Love your neighbor as yourself.” But each should according to right reason love his own reputation,     therefore love also the hiding of his confessed sin; and consequently the confessor should love and want the same thing for him who has confessed. But revelation [of his confessed sin] would take from him his reputation. Therefore etc     .

80. Proof of the major:

From Scripture, Ecclesiasticus 41.15, “Have care for your good name,” and it gives a reason for this, “For this will be more lasting for you than a thousand great and precious treasures.” It proves it too by something else it adds, “There is a number of days for a good life; but a good name will last forever.” And Proverbs 22.1, “Better is a good name than much riches.”

81. Again, this is proved by reason: for everyone should according to right reason want civil life for himself; but this is taken away by the removal of reputation, because one lives with civil life in this, that one is fit for the legitimate acts that belong to oneself in that civil existence; but when reputation is lost one is deprived of one’s fitness for such acts, because one has lost the status of undamaged dignity, that is, fitness for the acts that one would otherwise be worthy of.

82. The second part of the minor, namely that the revealing of confessed sin takes this sort of reputation from him who has confessed [n.79], is proved by the fact that a reason whereby it can be revealed to one is a reason whereby it can be revealed to another, and so to everyone; but in such revealing it is manifest that the status of undamaged reputation (which consists in his reputation among fellow citizens) is taken from him.

83. The second reason: everyone is by the law of nature bound to keep with his neighbor the fidelity he wants and should want to keep with himself; but he who commits to another a very great secret wants and should want it to be kept secret; therefore another to whom he has committed it is bound to keep it for him. This reason is touched on in Proverbs 11.13. “He who walks deceitfully reveals secrets; but he who is faithful hides what a friend has done.”

84. The third reason: everyone is bound by the law of nature to keep a lawful promise; but he who receives a secret, especially what is uncovered in confession, promises, if not explicitly yet implicitly, that he will keep it, because without such a promise, at least implicitly understood, such a secret would not be committed to him;     therefore etc     . This reason can be taken from the remark, “Speak ye truth everyone with his neighbor” [Zechariah 8.16, Ephesians 4.25].

85. The fourth reason: any community has a unity proportionate in this to the unity of the body of Christ, that there is an order there of superior and inferior; and the superior is bound to exercise influence over the inferior, and the inferior is bound to minister to the superior, according to the parable of St. Paul about the mystical body of Christ in diverse places [Romans 12.4-5, I Corinthians 6.15-20, 12.4-7, Colossians 1.18]. But in civil society the inferior is less sufficient to himself and less knowing, and in the Church the sinner is unknowing but the superior is a hierarch who is able both to advise and to reconcile. Therefore, it is of the law of nature that no one exclude the inferior from recourse to a superior in necessities, nor exclude the superior from influence over an inferior, because this is a the common utility of the members with each other. But the revealing of a secret excludes the inferior from such recourse to a superior in advice of soul, and consequently excludes the superior from influence over the inferior; because no one would have recourse if that about which he asks advice or remedy did not regularly have to be kept secret; therefore the superior is bound to hide this secret by the same law of nature by which anyone is bound to keep the unity of the mystical body of Christ, and bound to keep the common utility of others as the members do in the body.