u6 !f0eft. 6. ~eft·7· !f0eft. 2. Cafes about Contrafts. whom he robbeth by his fin : If not, he tbould eithtr give it to the Magifiratc or Overfeer for the poor, or give it to the poor himfclf. The reafon of this determination is ; Becaufe the lofer hath parted with his propriety, and can lay no further claim to the thing: But yet the gainer can ha'le no right from anothers crinr~t : If it we1e from an injttry, he might ; fo far as is nccdfary to repuati~ ons: But f10m acrime he cannot: ~or his lofs is to be efiimated as a mu16t or penalry, and to be difpofed of as fuch mulch as are la~d on Swearers and Drunkards arc. Only the pcrfon by his vo– luntary bargain, hath r.~adc the other party infiead of the Magitlratc, and authorized him ( in ordi~ nary cafes ) to difpofe of the gain, for the poor or publick good. ~.'u. Queft. 6. Am I obliged by the words or writings which ufuaUy exprefs • Covenant, without any Covenanting or frlfpobliging intention i11 me, 'lflhtn IJPtali,.or write them l - Ar.frv.• Either you utter or write thofe word~, with .a purpofc to make anot?er believe that you intend a Covenant \ or at kafl ~y culpable neghgencc, m fuch a manner as he IS bound fo to under· Hand you, or ju£\ificd for fo undcrfianding you : or elfc you fo ufe the words, as in the man– ner fuffiE:ieno:ly to tignifie that you intend no Covenant or felf-obligation. In the former cafe you bind your fdf (as above faid ) : Becaufe another man is not to be a lofer, nor you againer or a faver by your own fraud or grofs negligence. But in the later cafe you are not bound : Bccaufc an intent of [elf-obliging is the internal efficient of the obligation: and a figni.ficationof fuch an intent, is the external cf?cient, with?ut which _it cannot be.. If yo~ read o~er the words o~ a .bond, or repeat them only m a Narrattve, or ludtcroufiy; C'l 1f a Scnvener wnte a form of obhgauon of himfeJf, to ·a boy for a. Copy, or to aScholar for a prdident, thefe do not induce any obligation in Confcience nor make you a debtor to another. ( Th~s alfo the c•fe of the Intent of the Baptizer, or Baptized'(or parents ) is to be determined ). · 9· 12· Q!_eft. 7· May a trut man promi[t monty to a robbtr, fortbe [<wing of hil lift or of a greattr {Hm, or mort prtcioJH commodity l Anfw. Yes, in cafe of necdlity, when his life or efiate cannot better be prdCrved : And fo taxes m~y ~e paid to an Enemy in arms, or to a plunderingSoul~icr, ( fuppofing that it do no other hurt, Ciwhich is greater than the good ). Any man may part wl!h a ldf<r good to prefervc a greater : And it is no more voluntary or imputable to our wills, than~the calling of our goods into the Sea to fave the ve{fel and our lives. 9· 13· ~d\.8. Nlay I give money to & Judge or Ju.flict 9r Cot~rt-~fficer, to hire him to do mt jrl}fite, oi'"t.o k._erp him from doing me wrong;~ ur to avoid per[ecution. Anfw. You may not, in cafe your caufc: be bad, give ,any thing to procure injufiice againfi another i no nor fpeak a word for it nor defire it : This I take as pr<fuppofcd. You may not give mgney to procure jufiice, when the Law of the Land forbiddeth it, and when it will do more hurt accidentally to others, than good to you: when it will harden A'lm in the fin of bribery; and caufe them to ex· pect the like from others. But except it be, when fame fuch Accidental greater hurt doth make it evil, it is as lawful as to hire a thief not to kill me; when you cannot have your right by other means, youmay part with a fmaller matter for a greater. 9· r4. <ll!,e!l. fi• But if I mal;r fucb a contraCJ, may the otbtr lawfuUy ta/;! it of me? An[w. No: for it is now fuppofed that it is unhwful on his part. ~~ 1 5· ~en. IO• But if uJJder ntctfJity or force, I promi{t money 19 a Robber or a Judge or Officer, t~m I bound to perform it whm neceffity is o~tr l Anfw. You have lofi your own propucry by your Covenant, and therefore mull. not retain it : But he can acquire no right by his fin; and thcretOre fame fay that in point of jufiice you are not bound to give it him, but to give_it to the. Magifirate for the poor': But yet Prudence may tell you of other reafons a fine to give it the man hJmfelf, though Jujtice bind you not to it : As in cafe that elfc he may .be revenged and do you fame greater hurt : or fmtie greater hurt is any other way like to be the confequent; which it is lawful by money to prevent. But many think that you are bound to deliver the money to the Thief or officer himfelf ; becaufe it is a lawful thing to do it, though he have no jufi title to ir ; and becaufe it was your meaning, or the fignification of your words in your Covenant with him: And if it w·ere n?t lawful to do it, it could not be lawful to promife to do it : orherwife your promife is a lye. To this thofe of the other opinion fay, that as a man who is difcharged of his promife by him that it was made to, is not to be accounted falfe if he perform it not; fo is it as to the Thief or Officer in qucfiion ; becaufe he having no right, is to you as the other that hath quit his right. And this anfwer indctd will prove, that it is not ftrict injufiice nol to pay the money promifed: but it will not prove that it is not a lye to make fuch a promi(e with an intent ofnot-performing it, or that it is not a lye to make it with an intent ofperforming ir, and not .to do it when you may. Though here a Jefuite will tell you that you may fay the words of a promife, with an cquivontion or mcntalrcfervation, to a Thiefor perfccuting Magifirate: (Ofwhich fee more in the Chapters of Lying, Vowes and Perjury.) I am therefore of Opinion ihat your promife mufi beo fincerely made, and according to the true intent of it, you mull offer the money to the Thief or Officer ; except in cafe the Magifirate forbid you, or fame greater reafon lye againft ir, which you forcfaw not when you made the promife. But the offender is undoubtedly obliged not to take the money. 9· 16. The fame determination holdeth as to all contracts and promifes made to fuch pcrfons, who by injurious force 'onfirainc.d us to make them. There is OD us an obligation to Veracity, though none to thcm·in point of Juftice, becaufe they have no proper right ; nor may they law!ully take our payment or fervice promifed them. And in cafe that the publick good unexpectedly crofs our performance, we muft not perf01ro it : Such like is the cafe of Conquerourr, and thofe that upon conq.ejl
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