[afes about ContraEfs. conqueft become 'their vaff1ls or fubjec5h upon unrighteous terms. But fiill rrmember, that if it be nor only aCovenant wjth man, but a Vow to Ged, which f'll.aketh him a party,"the cafe is altered, and we remain obliged. 117 ~· 17· Quefl. 1r. But may Ipromife the 1hiefor Bribe-tak,er to co•ceal hi1 fault.' and am I obliged I> ~eft. I I; the performance of fuch a promi[t .' , An[w• This is a promifc of omitting that which el[c would be a duty. le is ord'inarily a duty to nveal a Thief and- bribe·taker that.he may be puni01ed. But affiunatives bind nor ad femper: no ad, ( efpecially external) is a duty at all rimes; Therefore not this, of revealing an offenders fault. And ifir be not alwayes a dmy, then it rnufi be none when it is inconfiflent with fome greater benefit or duty: f'or when rwo goods come together,the greater is to bepreferred : Therefore in cafe rhat you fee in jufi probability, that the concealment of the finner will do more hurt, ro the Common·wealth or the fouls of men, than the Caving of your life is like to do good, You may noc promife to conceal him~ or if you JinfuUy promife ir, you may not perfvrm ic. But in caf~ that )'Ottr life is like to be 3 grraur good than tht: Not promijing t9conceal' bim, then fuch a promifi is no fault; becaufe the djf. d ofing him is no duty. But to judge rightly of this is a matter of great dif!iculcy. If ic be lcfs than life which you Cave by fuch a promi!c, ir oft f•lls out that it is a ltjf<r good, than the dmeting of the offence. ~· 18. But it will here be faid, If I promife not to conceal a Robber, I muft conceal him mvtrthelefi; for when he bath l{iHed m,•, I cannot reveal him; and I mujt conceal the bribe-taker; fvr till I ba'lte pr:;· mifld flcrecy, I camt~t prove him guilty. And he that promifeth to forbear a parJicular good aCtio11 whilc{f he Jiveth, dotb yet refcrve bi11ife, for all othtr good worl{f : whtreM if he dye, he wiU neither do thJtuor any other. But this cafe is not fo eafily determined : If Daniel dye, he can neither pray nor do any other good on earth. And if he live he may do much other good, though he never pray : And yet he- might not promife to give over praying, to fave his lift. I conceive that we rnufl diHingui{h of dutic:s dfcntial to the outward part of Chriftianity, or of conHant indifpcnfible neccffity ; and duties which are alterable, and belong only to fome perfons, times and places : Alfo between the: various confequents of omiffions. And I conceive that ordinarily a man may promife for tbe fa.ving of his life, tlut he will forbear a particular alrerable duty, or relation: As to read (uch a Cornmmtary, tofpeal{ with fuchaMinifler, to be a Magiilntc or a Minilier, &c. in cafe we have not before bound our felvcs, never to give over our Calling till death: And in caft: that the good which will follow cur forbearance, is likely·( to a judicious perfon,) ro be greater than the evil. But no man may prornife to omit fuch a duty as God hath made necdfary during life : as not to love God, or fear or trufi mm: not to Wo1·fhip him and call upon him and praifc: him : nor to do good to mens fouls or bodies in the general: or, not to Preach or Pray while I am a Minifler of Chrill; or not at all to Govern while you are a Governour: For all thefe contradict lOme former and greater promifes or duties. Nor may you omit the fmallcfi duty to fave your life, at fuch a time when your death is like to do more good, than your life would do without that one duty. Apply this to the prcfent ca[e. ~· 19· Quell:. I2· If another m:m decr:ive me into a promife or Coven;~nt againft my good, am I bound ~eft. 1 2; to perform it, when I havedifcovercdthe dtceit. · .An[w. Yes, r. In cafe that the Law of the Land, or other reafons for the pr-eblick;__good rc:quire it: 2. Or in cafe that you were faulty by negligence, heedlefnefs, or otherwife guihy of your own de· ceit, in any confiderable and avoidable degree. Othcrwife, in that rneafure that he deceived you, and in thofe nJpeCh )'OU are not obliged. . ~ .,. ~· 20. ~efi. I3· If thtcontraUingpartie.rdoneitherof themunderftandthe otlur, U it a Covenam: aJ, 'fi Or if il be; whofc fcnfc muj! carry it 1 «.'!' • 13• An[w. If they underHand not each other in the ElTentiais of the CcntraCl-, it is no contract, in point of Confciencc: except where the Laws, for the publick fafety, do annex the obligation ro the bare external act. But if they undcrfiand not one another in fame circumfiances, and be <qually culpable or innocenr, they muQ: come to a new agreement in thofe parricularc; : But if one party only ·be guilty of the mifutldnfia{lding, he mu[t bear ~he lofs, if the other infill on ir. ~· 2 r. ~eO. r4· Am I bound lo ftand to the bargaim which my {i-iend, or tr•Jfce or {<rvant mak.ft!J Jt<ef!. 14 • for mr, wiJtn it proveth much to my injury or loji? , An[w. Yes ; 1. If they (XCecd not theb?unds of that commiffion or trul'l, which they received from you: 2· Or if they do, yet if by your former t~ufiing and ufing them, or by any othe'r fign, you have given the other parry futlicient caufe to (uppo[e them cntrufied by you to do what they do, fo that he is deceived by yom fault, you are bound at leaf\ to fee chat he be "' lofcr by you ; though you are not hound to make him againer, unlefs you uuly fignified that you authorized them to make the contrad-. For if it be meerly your friends or {ervant? errour, Without your fault, ic doth not bind you to 3 third perfon. But flow far you may be bound to pardon that errour to your f1icnd or fervant, is anorher qudlion ? and how fa:r you arc bound to fave them harmle[s. And that mull be determined by laying together all other obligations between them and you. )5. 22. Q,Ie!l. r 5· If Ijjy, I wiUgive fiech or fuch aone thi< orthat, ~m I boundthereby to do it ? ft<cff. I 1· An[w. le is one thing to (.Xprefs your prefent rnmd and refolutiOn, without giving away the.liberty of changing it: And its another thing to intend the obliging of your fclf to do the rhing mentioned. and tha~ obtigation is either intended to man, or to God only ; -and char is either in point of rendition and ufe, or in point of veracity, or the performance of that moral duty of fpeaking truth. If you meant no more, in faying, I will d!J it, or I willgive it; but tl~at this is your prefcnt Will, and purpofe Qq q qqq q and
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