voluntarily to come forth and confd5 his fin, and yield up himfelf to jullice, and eXhort others to rake heed of finning as he did, I cannot fay that he did any more than his duty in fo doiog: And indeed 1think that it is ordi1tarily a duty, ancl that ordinarily the int.crell of the Common wealth rtquiretli it; though in fornc cafes it may be orherwifr. The execution of theLaws a~ainfi Murder is fo necdfary to preferve mens lives,that I do not think that fttfprrforvatUm alone wfll allowmen 'ro de– feat the Common·wealth of fo ntcclfary a means of prcfuving the lives of many, to f.tve the life of one, who hath no right to his own life, as having forfeited ir. If to f.hift awaY other m!trdcrrrJ from the hand of Jufiicc be a fin, 1 cannot fee but that it is fo ordinarily, to do it for ones felf: Only I think that if a truep~nitcnt perfon have juH caufe to think that he may do the Common·wealth more fervice by his life, than by his death, thou then he may conceal his crime or fly; But otherwif~ nor. : Q!.efi. 10. lrt~MHrdcrrrbo~tndto do execution on himfelf, if tlu Magiftrale ttpM lJU con[tffiDJZ, d3 fl<!!tft• 10., not .? ' Anfw. No: becaufe it is the M•gillrate who is the appointed Judge of the publick interell, and what is necdfary to its reparation; and hath power in certain cafes to pardon : And though a murderer may not ordinarily !hive to defeat Gods Laws, and the Commonwealth, yet he may ac· cept of mercy when it is off~rcd him. ~en. 1 I• JJib::tt fat~fal1ion Uto be made by aFornicator or Adulterer? ~tft• i r~ Anfw. ChaHiry cannot be reflored, nor corrupted honour repaired. But, i. If it waS a fin by r:nutual confcnt, the party that you finned with? mull by all importunity be follicited to repentance ; and the fin mufi beconfeffed, and pardon craved for temptitlg them to fin. 2· Where it can be done: ~ithout a greater evil than the benefit will amount to, the Fornicators ought to joyn in marriage. Exod. 2 2· 16. 3. Where that cannot bel the man is eo put the Woman into as good a cafe for ourward livelyhood, as (he would have been in if (be had not been corrupted by him ; by allowing her a proportionable dowry; Exod. 22. IJ· and the Parents injury to be recompenfed, Deut. 22• 28, •9· 3· The Childs maintemnce alfo is to be provided for, by 'the fornic>tor. That is, r.If the man by fraud or folliciration induced the Woman to the fin, he is obliged to all as aforcfaid. ·2. If theyGnmd by mutual forwardncfs and confent, then they mull joyntly bear the burden : yet fo that the Man mufi bear the greater part ; becau[e he is fuppofed to be the,lhonger and wifer to have refifl:ed the tempta~ion. 3· If the Woman importuned the man, fhc muft bear the more; but yet he is rcfponfiblc to Parent~ and others for their damages, and in part to the Woman her fclf, becaufc he was the thonger vcffcl, and fbould have been more confiant : And volenti 11on fit injuri11, is a rule that harh fame exceptions. , ~ell. 12. In what cafe u a man excufedfrom reffitution and fatirf•E1ion.? ~ejl. IZ, Anfw. r. He rhat is utterly difabled cannot refiore or fatisfie, •· He that is equally damnified by the pcrfon to whom he {hould rdlore, is excufed in point of real equity and Confcience, fo be it thatthe Reafons ofexternal order and policy oblige him not. For though it may be his fin (of which he is to repent,) that he hath cquatly injured the other, yet it requireth trm{t/fion rather than rtftitutiorz or fJ.tisfatl:ion, unlefs he may alfo expect fatisfa{tion from the other. Therefore if you owe a man an hundred pound and he owe you as mhch and will not pay you, you are not bound to pay him, un\efs for cxtcrn1l order fake, and the Law of theLand. 3• If the debt or injury be forgiven. the perfon is difcharged. 4· _If Nature or common·cufiome do warrant a rOan to believe that no reftitution or fatisfaC\:iQ"(' ~ c.~(tcd, or th~tthe injury is for.given, though it be not mentioned, it will excule him from ref\itutiotl or fatisfaCtion: As if Children or friends have taken fome trifle, which they may prefume rhe kindnc:fs ·or a P.n:ent or friend will pafs over, though it be ~at jufiifi· able. Q!efl. I3· What if the Reftitution will "{! the rejlorer far .morethantbe thing ~ wmh ? ~eft. 13; Anfw. He is obliged to make Sa<o[af1ion, infiead of Rtjlitution.? . ~<fi. 14, What if rhe confiffing of.tht fault may enrage him that I muft rejlort to, fo that be wiU ~ejl. I~· turn i l tomy- iHfamy ·or ,.ni_nf\1 ~ , Anfw. You may then conceal the perfon, and fend him fatisfaelion by apother hand : or you may alfo conceal the wrong it fdf, and c.ufe fatisfa6bon to be made him, as by gift, or other way of payment. Ddddddcld
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