Cafes abotlt ContraEfs. il~ r1igns pow:r is in fuch danger ) : Bt~t the Heart mull be watchh that it pretend not the ~tamrnon wheth~r tl:te good, and mtend your own comrnod1ty and honour: Ad! the probable confequencs muft be weigh· conf~·quent rd; And the Laws of the Land mull be confulted alfo : For if they abfolutely prohibite the good or hun: buying of a place of Judicature, they mufl be obeyed. And ill effeCts may make it finful. ~t}~~:r :ombllft 9· 30· ~eft. 23• May one feU a CbH'ttCh-benefict, orR.eliory or Ortler1l bewdl con!i· An[w.It the Benefice he origiHally of your ow11 glft, it is at firfi in your powrr to give part or all; dered. to take fame dedutfions out of it or not : But if it be already given to the Church , and you have .QJ.ef!. 23• but the Patronage or Choice of the Incumbent, it is facrilcdge ·to fell it for any commodiry of your own: But whether you may take fomewbat out of a greater Benefice, to give w another Church which is poorer, dcpcndeth pmly on the law of the L>.nd, and partly upon the probable confe. ·qncntso If the Lttw ab{olzttcly forbid it ( fuppofing that unlawful contracts cannot be avoided un~ ldS fome lawful ones be reflnined, ) it mu{\ be obeyed, for the common good: And if the confr– quent of a lawful contralt, be like to be the more hurtful cncour:agerncnt of unlawful ones, fuch cxam~les mufl be fmborn, thcugh the Law were not againfl them. But to fell Orders is undoub~ed Simony: ( That is, the Office of the Minijf,y, or the al1 of O'di11ation:) though Scribes may be p1id for writing inflruments. • 9· 31• <l!!efl. 2-f.• May tJ man give momy fur Ordtrs or Bentficcr, .rvhrn they cannot otberwife ~eft. 24• be bad? , 1 Anfw. I· This is anfwcred in ~eft. 22. I· If the Law abfolurcly forbid it, for the common fafety you may not : 2. If the conflquems arc like to be more hurt than the bcmht will rccompence, you may not : 3• Ifyour c:n~ be chiefly your own commodity, cafe, or honour, you may nor. -sut in cafe you were clear from all fuch evils, and the c:1fe werC only this, Whether you might not give money to get in your felf, to keep out aHeretick, a Wolf, or infufficicnt man, who might defhoy the peoples fouls, I fee not but it might well be done. , 9· 32. ~efl. 25· M.1y I give mmey to Officrrt, Servant!, or Affijl.satJ for theirfurtherance l ~eft. 25• .Anfrv. Fqr Writing~ or other fervile a!:'b about the circumflautials you may : But no£ ( direCl:ly or indirectly) to promote the SimoniaCaiContrad-. What you may not give to the principal agent, you may not give his infhuments or others for the fame end. 9· 33· Q!elt. 26. May I give or do a.ry thing afmw.,d-by ••ay of geatitude, to the Patro11, Bifhop, or O•efl. 2 6. any o1bcrs, their relations or rt1.1ifters l -...,;,:: An[w. Not whm the expcehtion of thlt Gratim\le, was a ( femt or open) condition of the Prefentation or Orders: and you believe that you lliould not elfe have received them: Thereforepro~ mifrd GrtJtitud~ isbut a·kind of contracting. Nor may you lliew Gratitude by any fcandalous way, which feemeth Simony. Otherwife, no doubt, out you may be prudently grateful for that or any other kindnefs. ' 9· 34• Quell. 27· May not aEifhop or Paftor ta~t mo•ey for Strmonr, Sacramentr, or other Officer? ~•Jf• 2'J• .Anfrv. Not for the things themfelves : He mufl not fell Gods Word or Sacraments , or any other holy thing. But they that fcrve at the Altar, may live on the Altar, and the Elders thll Rule well are worthy of double honour: And the mouth of the Ox that treadeth out the corn, fhould not be muuled? Tl1e_y may receive due maintenance while: they perform Gods fciVicc: that they may be vacant to attend their proper work. 9 35· Q!!dl. 28. May 011e per [on Jifoblige anQI!Jer of a promife made to him? . , fi2!!•ft· 28. Anfw. Yls, tf Jt be no more than a prormfe to that" pcrfon: Becaufe a man may g1ve away h1s right; But if it De moreover a Vow to God, OJ you intend to oblige your felf in point of Vera~ city undct the guilt ot a lye if you do othcrwife, thcfc alter the cate , and no pcrfon can herein difoblige you? 9· 36. Q.tcfi. 29· But wiNll if the Contratl be bound"by an Oath, mtJy a;tatber tlun rclcafo me ? 9ecft. 29~ .An[w. Yes; if that Oath did only tye you to perform your promi{C; and were no Vow to God which ,made 'him a party, by dedicating any thing to him: For then the 0Jth b~ing but fubfcrvicnt to the promife, he that difchargeth you from the promife, difchargcth you alfo from the Olth which bound you honefily to keep it. · 9· 37· Q!!ell. 30. Am I bound by a promi[t rr>hen the ca•ft or reafonof it provetb amifta~e l ~tft· 30• A 11 frr. It by the CtJ1t{e you mean only the c:xtrinfical Reafons which moVed you to it, you may be obliged nevenhclefs for finding your millake : Only fa far as the other was the culpable caufe (as is aforefaid ) he is bound to fatisfie you: But if by the Caufe you mean the fo'mJI rea{on, which confiituteth the contract, then the mifiake may in fame cafes nullific it ; (of which enough before. ) 9· 38. Q!!ell. 31• What if a foVorr>ing accident ma1t! it more to my hurt, then could be fi>re[tw? Q••ft· 31 • Anfw. In forne Contracts it is fuppofca or expreffed, that men do undertake to run the ha7.ard: - And then they mull ftand obliged. But in fome contracts, it is rationally fuppofed that the parties intend to be free, if fo great ari alteration fhould fall our. But to give infbnccs of both thefc Cafes would be: too long a work. · 9· 39• Q!!ell. 32· What if{omcthing t<ntxpeaedly faD out, which makph it injurW... to a thi,J P"fo"? ~cjf. 3>• I cannot fore be obligtd to inj!"t anothtr. A11[w. If the cafe be the later mentioned in the for<going anfwer, you may be th11s free: But if it he the former ( you being fuppofed to run the hazard, and fecure the other patty againll all others) then either you were indeed authorized tomake this bugain, or not : If not, the t•ird perfon rtu.y fecurc his right againfi th~ oth<lr: But if you were, ;hen you mufi make fa.risfa6tion as you can ro Qgq q q qq • the
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