[afes about ContraEls. ~· 3• In all this you may perceive that no man can oblige another againll God or his falvation: And rhncfore a Parent cannot oblige a child to fin, nor to forbear hearing or reading the Word of God, or praying, or any thing neceff'ary to his falvation : Nor can he oblige him to hear a Heretical Pallor, nor to marry an Infidel or wicked W\fe, &c. 9· 4• And here alfo you may perceive on what grounds it is that God bath appointed '!?;rents to oblige their children in the Covenant of Bapti!in, to be the fervants ofGod, and to live in holi– nefs all their dayes. ~· 5• And hence it is apparent,that no Parents can oblige their children to be miferable,or to any fuch condition which is worfe than to have no being. §. 6. Alfo that when Parents do (as commonly they do) profefs to oblige their children as Bene– fatlors for their good, the obligation is then to be interpreted accordingly : And . the child is then obli~ed to nothing which is really his hurt. • Yea, all the Propritty and Govtrnmen, of Parents, cannot authorize them to oblige the child to his hurt, but in order to tome greater good, either to 1hc Parents themfelvcs, or to the Common-wealth, or others : At !call that which the Parents appr~hend 10 be a greater good : But if they err through ignorance or partiality, and bind the child to a greater hurt for their ldfer good ( as to papGo1. ro fave them from paying 100 I. ). whether their ~njury and fin do excufe the child from being ob· Iiged to any more than the proportion of the beneht rcqmred, I leave undetermined. . ~. 7· Q!.ell. 2. But what if tht Parenll difagrtt, and one ofthem will oblige tbt child, •nd tbeothtr ~tfl, l• wiU not l An[rr~. I.If it bean all of the Parents as m«r Proprietors for their own good, either of them may oblige him in a jull degree; becaufe they have fevmlly a propriety. 2.If it be an all ofGovern– ment (as if they oblige him to do this or that at! of fervice at their command in his minority,) the Father may oblige him againllthe Mothers con!ent, becaufe he is the chief Ruler; but not the · Mother 12g~injt tht Ft~thers will; thougl1 fbe may without it. . . 9· 8. Ql.cll. 3· r. a man obliged by a <ontrafr which he tnade in ignorance or miJfalt< of tht !l.!!,efl. 3· motttr? Anfw. I have anfwered this before in the cafe of Marriage Part. 3• Chap.,, I add here. 1. We Mufi dillingui{h between culpable and inculpable error: 2· Between an error about the prin.. tipal matter~ and about fame finaller accidents or circumfiances.. 3• Between a cafe where the Law of the Land, or the common good interpofcth, and where it doth not. ' ,, If it be your own fault that you are milla'ken, you are not wholly freed from the obligation, But if it was your groji fault, by negligence orvice, you are not at all freed : But if it were but fuch afrailty as almoft all men are lyable to, fl> that none but a perfon of extraordinary virtue or diligence could have avoided the mifiake, then equity will proportionably make you an abatement or free you from the obligation. So far as you were obliged to underfiand the matter, fo far you are obliged by the contratl ; efpecially when another is a lofer by your error. 2· An inculpable error abou~ ,he circumftancet, or fmaTltr ptJriJ, will not free you from an obliga~ tion in the principttl matter: But an inculpable error in the ~Jftntials will. . 3•Except when the Law of the Land or the common good, doth othcrwife over-rule the ,qfe : For then you may be obliged by that accident. In divers cafes the Rulers m~y judge it n<ce!r.ry, that th< effect of the contnll iliaI! depend upon the bare words, Or writings, or aCtions; lell falfe pretences of mifundcdlanding fhould exempt deceitful perfons from their obligations; and nothing ihould be afecurity to contractors. And then mens private commodity mufi give place, to the Law and to the publick good. · · 4· Natural infirmititsmull be numbered with faults, though they be not monl,vices, as to the conrn6ting of an obligation, if they be in a pcrfon capable of contracting. As if you have fame fpccial defe:tl: ofmemory, or ignorance of the matter -which you are about! Another who is no way faulty by over-reaching you, mull not be a lofer by your weaknefs. For he that cometh to the market, or contra6tcth with another who knoweth not his infirrRity, is to be fuppofed to underQ:and what he doth, unlefs the contrary be manifell: You fuould not meddle with matters which you un– derftand not : Or if you do, you mull be content to be a lofer by your weaknefs. 5· Yet in fuch cafe~, another that hath gained by the bargain, r~~ay be obliged by the Laws ofequi– ty and chariry, to remit the gain, and not to take advantage of your wcaknefs: But he may fo far hold you to it, as to fecure himfdf from loji : except in caks where yoo become the objell of his Charity, and not of Commutative ]ufiice only. ~· 9· ~ell. 4· I• a drunk,tn man, or a ma# in a tranJPorting paf[ron, or amelanch•ly perfon, obliged by ~·fl· 4· • t:ontrall rnadt in fucb a cafe? Anfrv. Remember flill, that we are fpeaking only of Contra&s about matters of profit or world- · ly inrerdl : and not of marriage, or any of another nature. And the Quefiion as it f;On"rneth a man in Drunkenntfs or Paffion, is anfwercd as .the former about culpable error: And as it con– cerneth a melancholy man, ir is to be anfwered as the former quefiion, in the cafe of naJHral infir· mity. Bnt if the melancholy be fo great as to make him uncap•ble ofbargaining, he ;s to be elleemcd in the fame condition as an Ideot, or one in deliration or difiradion. 9· 10. Q:.cfi. 5• But m"J anoth.r bold a manro it, wbo in drunktnntji ·or paf[ron tna~tb an iU bar·~· S• gaiH, or givtth or playetb away his money; and rtpenttth when ht i1 Jobtr l An[w. He may ( ordmHily ) c.~.kc rile; mont:y tram 'he lofcr, or him that cafieth it thus away: But he may not keep it for himfdt : Bu< if the Jofer be poor, he £ho•ld give it to his Wife or Children whom
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