A Christian Directory

Tit. 1. Motives to Christian Conference and Exhortation.

THE right use of Speech being a duty of so great importance, as I have before shown about the Government of the Tongue, and it being a way of Communication by which we are all obliged to exercise our Love to one another, even in the greatest matter, the saving of souls, I shall first endeavor to persuade them to this duty who make too little conscience of it: and that by these following considerations.

§. 1. Mot. 1. Consider that it is the exercise of our Humanity: Reason and Speech do difference us from Bruites. If by being Reasonable we are men, then by using Reason we live as men: And the first communicative use of Reason is by speech: By thinking, we exercise Reason for ourselves: By speaking, we exercise it (first) for others. Therefore if our Reason be given us for the highest uses to ourselves, (to know God and eternal life, and the Means thereto), then certainly our Speech is also given us, for the same highest uses, by way of Communication unto others. Use therefore your tongues to those nobles Ends, for which they were given you. Use them as the tongues of men, to the Ends which human nature is created for.

§. 2. Mot. 2. There is no subject so sublime and honorable, for the Tongue of man to be employed about, as the matters of God and life eternal. Children will talk of childish toys; and Countrymen talk of their Corn and Cattle, and Princes and Statesmen look down on these with contemptuous smiles, as much below them: But Crowns and Kingdoms are incomparably more below the business of a holy soul! The higher subjects Philosophers treat of, the more honorable (if well done,) are their discourses. But none is so high as God and glory.

§. 3. Mot. 3. It is the most profitable subject to the hearers: A discourse of Riches at the most can but direct them how to grow rich: A discourse of Honors usually puffeth up the minds of the ambitious: And if it could advance the auditors to Honor, the fruit would be a vanity little to be desired. But a discourse of God, and Heaven, and Holiness, doth tend to change the hearers minds, into the nature of the things discourst of: It hath been the means of converting and sanctifying many a thousand souls. As learned discourses tend to make men learned in the things discourst off; so holy discourses tend to make men holy: For as natural Generation begetteth not Gold or Kingdoms, but a Man; so speech is not made to communicate to others (directly) the wealth, or health, or honors, or any extrinsical things which the speaker hath; but to communicate those Mental Excellencies which he is possessed of. Prov. 16. 21, 22. The sweetness of the lips increaseth learning: Understanding is a well-spring of life to him that hath it. Prov. 10. 13, 21. In the lips of him that hath understanding wisdom is found—The lips of the righteous feed many. Prov. 15. 7. The lips of the wise disperse knowledge; but the heart of the foolish doth not so. Prov. 20. 15. There is Gold and a multitude of Rubies: but the lips of knowledge are a precious Jewel. Prov. 10. 20. The tongue of the just is as choice Silver: the heart of the wicked is little worth.

§. 4. Mot. 4. Holy discourse is also most profitable to the speaker himself. Grace increaseth by the exercise. Even in instructing others and opening truth, we are oft times more powerfully led up to further truth ourselves, than by solitary studies: For Speech doth awaken the intellectual faculty, and keepeth on the thoughts in order, and one truth oft inferreth others, to a thus excited and prepared mind. And the tongue hath a power of moving own our hearts: When we blow the fire to warm another, both the exercise and the fire warm ourselves: It kindleth the flames of holy love in us, to declare the praise of God to others: It increaseth a hatred of sin in us, to open its odiousness to others. We starve ourselves, when we starve the souls which we should cherish.

§. 5. Mot. 5. Holy and Heavenly discourse is the most delectable. I mean in its own aptitude, and to a mind that is not diseased by corruption. That which is most Great, and Good, and Necessary, is most delectable. What should best please us, but that which is best for us? And best for others? And best in itself? The excellency of the subject maketh it delightful! And so doth the exercise of our Graces upon it: And serious conference doth help down the truth into our hearts, where it is most sweet. Besides that Nature and Charity make it pleasant to do good to others. It can be nothing better than a subversion of the appetite by carnality and wickedness, that maketh any one think idle jeasts, or tales, or plays, to be more pleasant than spiritual Heavenly conference; and the talking of Riches, or Sports or Lusts, to be sweeter than to talk of God, and Christ and grace and glory. A holy mind hath a continual feast in itself in meditating on these things; and the communicating of such thoughts to others, is a more Common and so a more pleasant feast.

§. 6. Mot. 6. Our faithfulness to God obligeth us to speak his praise, and to promote his truth, •• d plead his cause against iniquity. Hath he given us tongues to magnify his name, and set before us the admirable frame of all the World, to declare his Glory in? And shall we be backward to so sweet and great a work? How precious and useful is all his holy word? What light and life and comfort may it cause? And shall we bury it in silence? What company can we come into almost, where either the bare-faced committing of sin, or the defending it, or the opposition of truth or Godliness or the frigidity of men's hearts towards God, and supine neglect of holy things, do not call to us, if we are the servants of God, to take his part; and if we are the Children of light, to bear our testimony against the darkness of the World, and if we love God and truth and the souls of men, to sh • w it by our prudent seasonable speech? Is he true to God and to his cause, that will not open his mouth to speak for him?

§ 7. Mot. 7. And how precious a thing is an immortal soul, and therefore not to be neglected. Did Christ think souls to be worth his Mediation, by such strange condescension, even to a shameful death? Did he think them worth his coming into flesh, to be their teacher? And will you not think them worth the speaking to?

§. 8. Mot. 8. See also the greatness of your sin, in the negligence of unfaithful Ministers. It is easy to see the odiousness of their sin, who preach not the Gospel, or do no more than by an hours dry and dead discourse, shift off the serious work which they should do; and think they may be excused from all personal oversight and helping of the people's souls, all the Week after. And why should you not perceive that a dumb private Christian is also to be condemned, as well as a dumb Minister? Is not profitable conference your duty, as well as profitable preaching is his? How many persons condemn themselves, while they speak against unfaithful Pastors? being themselves as unfaithful to Families and Neighbors, as the other are to the flock?

§. 9. Mot. 9. And consider how the cheapness of the means, doth aggravate the sin of your neglect? and show much unmercifulness to souls. Words cost you little. Indeed alone, without the company of good works, they are too cheap for God to accept of. But if an Hypocrite may bring so cheap a sacrifice, who is rejected, what doth he deserve that thinketh it too dear? What will that man do for God or for his Neighbors soul, who will not open his mouth to speak for them? He seemeth to have less love than that man in Hell, Luk. 16. who would so fain have had a messenger sent from another World, to have warned his brethren, and saved them from that place of torment.

§. 10. Mot. 10. Your fruitful conference is a needful help to the ministerial work. When the Preacher hath publicly delivered the Word of God to the Assembly, if you would so far second him, as in your daily converse, to set it home on the hearts of those that you have opportunity to discourse with, how great an assistance would it be to his success? Though he must teach them publicly and from house to house, yet is it not possible for him to be so frequent and familiar in daily conference with all the ignorant of the place, as those that are still with them may be. You are many and he is but one, and can be but in one place at once. Your business bringeth you into their company, when he cannot be there. Oh Happy is that Minister, who hath such a people, who will daily preach over the matter of his public Sermons, in their private conference with one another? Many hands make quick work. This would most effectually prevail against the powers of darkness, and cast out Satan from multitudes of miserable souls.

§. 11. Mot. 11. Yea when Ministers are wanting, through scarcity, persecution, or un • aithfulness and negligence, the people's holy profitable conference, would do much towards the supplying of that want. There have few places and ages of the World been so happy, but that learned, able, faithful Pastors have been so few, that we had need to pray to the Lord of the Harvest to send forth more: And it is nothing unusual to have those few silenced or hindered from the Preaching of the Gospel, by the factions or the malignity of the World! And it is yet more common to have ignorant or ungodly persons in that office, who betray the people's souls by their usurpation, impiety or slothfulness. But if in all such wants, the people that fear God, would do their part in private conference, it would be an excellent supply. Ministers may be silenced from public preaching, when you cannot be silenced from profitable discourse.

§. 12. Mot. 12. It is a duty that hath many great advantages for success. 1. You may choose your season: If one time be not fit you may take another. 2. You may choose the person, whom you find to have the greatest necessity or capacity, and where your labor is likeliest to take. 3. You may choose your subject, and speak of that which you find most suitable. There is no restraint nor imposition upon you, to hinder your liberty in this. 4. You may choose your arguments by which you would enforce it. 5. Interlocutory conference keepeth your auditors attentive, and carrieth them on along with you as you go. And it maketh the application much more easy, by their nearness and the familiarity of the discourse: when Sermons are usually heard but as an insignificant sound, or words of course. 6. You may at your pleasure go back and repeat those things which the hearer doth not understand or doth forget: which a Preacher in the Pulpit cannot do without the censure of the more curious auditors. 7. You may perceive by the answers of them whom you speak to, what particulars you need most to insist on, and what objections you should most carefully resolve: and when you have satisfied them, and may proceed: all which it is hard for a Minister to do in public Preaching. And is it not a great sin to neglect such an advantageous duty?

§. 13. Mot. 13. And it should somewhat encourage you to it, that it is an unquestionable duty, when many other are brought into Controversy. Ministers Preach under the regulation of human Laws and Canons, and it is a great Controversy with many, whether they should Preach when they are silenced or forbidden by their superiors: But whether you may speak for God and for men's salvation in your familiar conference, no man questioneth, nor doth any Law forbid it.

§. 14. Mot. 14. Hath not the fruitful conference of others in the days of your ignorance done good to you? Have you not been instructed, convinced, persuaded and comforted by it? What had become of you, if all men had let you alone, and past you by, and left you to yourselves? And doth not Justice require that you do good to others, as others have done to you; in the use of such a tried means?

§. 15. Mot. 15. Consider how forward the Devils servants are to plead his cause! How readily and fiercely will an ignorant drunken sot pour out his reproaches and scorns against Religion? and speak evil of the things which he never understood? How zealously will a Papist or Heretic or Schismatic promote the interest of his sect, and labor to proselyte others to his party? And shall we be less zealous and serviceable for Christ, than the Devils servants are for him? and do less to save souls, than they will do to damn them?

§. 16. Mot. 16. Nay in the time of your sin and ignorance, if you have not spoken against Religion, nor taught others to curse or swear or speak in ribbald filthy language, yet at least you have spent many an hour in idle fruitless talk? And doth not this now oblige you, to show your Repentance by more fruitful conference? Will you since your Conversion, speak as unprofitably as you did before?

§. 17. Mot. 17. Holy conference will prevent the guilt of foolish idle talk. Men will not be long silent, but will talk of somewhat: And if they have not profitable things to talk of, they will prate of vanity. All the foolish chat, and frothy jeasts, and scurrilous ribbaldry, and envious backbiting, which taketh up men's time, and poisoneth the hearers, is caused by their want of edifying discourse, which should keep it out. The rankest wits and tongues will have most weeds if they be not cultivated and taught to bear a better crop.

§. 18. Mot. 18. Your tongues will be instrumental to public good, or public hurt: When filthy vain and impious language is grown common, it will bring down common plagues and judgments? And if you cross not the custom, you seem to be consenters, and harden men in their sin. But holy conference may at least show that some partake not of the evil, and may free them from the Plague, if they prevail not with others so far as to prevent it. Mal. 3. 16, 17, 18. Then they that feared the Lord spake often one to another, and the Lord hearkened and heard it: and a book of remembrance was written before him for them, that feared the Lord and thought upon his name. And they shall be mine saith the Lord of Hosts in that day when I make up my jewels, and I will spare them as a man spareth his own Son that serveth him.

§. 19. Mot. 19. Consider what great necessity there is everywhere of fruitful edifying speech. 1. In the multitude of the ignorant: and the greatness of their ignorance. 2. The numbers of the sensual and obstinate. 3. The power of blindness, and of every sin: What root it hath taken in the most of men. 4. The multitude of baits which are everywhere before them. 5. The subtlety of Satan and his instruments in tempting. 6. The weakness and inconstancy of man, that hath need of constant solicitation. 7. The want of holy faithful Pastors, which maketh private men's diligence the more necessary. And in such necessity to shut up our mouths, is to shut up the bowels of our compassion, when we see our brothers need: And how then doth the Love of God dwell in us? 1 John. 3. 17. To withhold our exhortation, is as the withholding of Corn from the poor in a time of famine, which procureth a Curse, Prov. 11. 26. And though in this case men are insensible of their want, and take it not ill to be past by, yet Christ that died for them will take it ill.

§. 20. Mot. 20. Lastly consider how short a time you are like to speak; and how long you must be silent. Death will quickly stop your breath, and lay you in the dark, and tell you that all your opportunities are at an end. Speak now, for you have not long to speak. Your Neighbors lives are hasting to an end, and so are yours: They are dying and must hear no more, (till they hear their doom) and you are dying and must speak no more: And they will be lost forever if they have not help: Pity them then, and call on them to foresee the final day: Warm them now; for it must be now or never: There is no instructing or admonishing in the grave. Those sculls which you see cast up, had once tongues which should have praised their Creator and Redeemer, and have helped to save each others souls: but now they are tongueless. It is a great grief to us that are now here silenced, that we used not our Ministry more laboriously and zealously while we had time: And will it not be so with you, when death shall silence you, that you spake not for God while you had a tongue to speak?

Let all these Considerations stir up all that God hath taught a holy language, to use it for their Masters service while they may, and to repent of sinful silence.

Tit. 2. Directions for Christian Conference and Edifying speech.

§. 1. Direct. 1. THE most necessary direction, for a fruitful tongue, is to get a well-furnished mind and a holy heart, and to walk with God in holiness yourselves: For out of the abundance of the heart the mouth will speak: That which you are fullest of, is readiest to come forth: 1. Spare for no study or labor to get understanding in the things of God: It is a weariness to hear men talk foolishly of any thing: but nowhere so much as about Divine and Heavenly things. A wise Christian instructed to the Kingdom of God, hath a treasury in his mind, out of which he can bring forth things new and old: Mat. 13. 52. Prov. 14. 7. Go from the presence of a foolish man, when thou perceivest not in him the lips of knowledge. 2. Get all that holiness, in yourselves to which you would persuade another. There is a strange communicating power in the course of nature, for everything to produce its like. Learning and good utterance is very helpful: But it is holiness that is aptest to beget holiness in others. Words which proceed from the Love of God, and a truly Heavenly mind do most powerfully tend to breed in others, that Love of God and Heavenly-mindedness. 3. Live in the practice of that which you would draw your Neighbor to practice. A man that cometh warm from holy meditation, or fervent prayer, doth bring upon his heart, a fullness of matter, and an earnest desire, and a fitness to communicate that good to others, which he himself hath felt.

§. 2. Direct. 2. Especially see that you soundly Believe yourselves what you are to speak to others. He that hath secret infidelity at his heart, and is himself unsatisfied whether there be a Heaven and Hell, and whether sin be so bad, and holiness so necessary as the Scripture speaks, will speak but heartlessly of them to another. But if we believe these things as if we saw them with our eyes, how heartily shall we discourse of them?

§. 3. Direct. 3. Keep a compassionate sense of the misery, of ignorant ungodly impenitent souls. Think what a miserable bondage of darkness and sensuality they are in: and that it is light that must recover them: Think oft how quickly they must die, and what an appearance they must make before the Lord; and how miserable they must be forever, if now they be not convinced and sanctified? And sure this will stir up your bowels to pity them, and make you speak.

§. 4. Direct. 4. Subdue foolish shame or bashfulness, and get a holy fortitude of mind. Remember what a sin it is to be ashamed of such a master, and such a cause and work, which all would be glad to own at last? And that when the wicked are not ashamed of the service of the Devil, and the basest works. And remember that threatening, Mark. 8. 38. Whosoever shall be ashamed of me and of my words, in this adulterous and sinful generation, of him also shall the Son of man be ashamed, when he cometh in the Glory of his Father with the holy Angels.

§. 5. Direct. 5. Be always furnished with those particular truths which may be most useful in this service. Study to do your work (in your degree) as Ministers study to do theirs: Who are not contented with the habitual furniture of their minds, but they also make particular prepartions, for their particular work. If you are to go into the field to your labor, you will take those tools with you by which it must be done: so do when you go abroad among any that you may do good to, and be not unfurnished for edifying discourse.

§. 6. Direct. 6. Speak most of the greatest things, (the folly of sin, the vanity of the World, the certainty and nearness of death and judgment, the overwhelming weight of Eternity, the necessity of Holiness, the work of Redemption, &c. ); and choose not the smaller matters of Religion to spend your time upon, (unless upon some special reason.) Among good men that will not lose their time on vanity, the Devil too oft prevaileth, to make them lose it by such religious conference, as is little to edification, that greater matters may be thereby thrust out: such as Paul calleth vain janglings, and doting about questions which engender strife, and not Godly edifying: As about their several opinions, or parties, or comparing one Preacher or person with another, or such things as tend but little to make the hearers more wise or holy or Heavenly.

§. 7. Direct. 7. Suit all your discourse to the quality of your Auditors: That which is best in itself, may not be best for every hearer. You must vary both your subject and manner of discourse, 1. According to the variety of men's knowledge: The wise and the foolish must not be spoken to alike. 2. According to the variety of their moral qualities: One may be very pious, and another weak in grace, and another only teachable and tractable, and another wicked and impenitent, and another obstinate and scornful: These must not be talked to with the same manner of discourse. 3. According to the variety of particular sins which they are inclined to: which in some is pride, in some sensuality, lust or idleness, in some covetousness, and in some an erroneous zeal against the Church and cause of Christ! Every wise Physician will vary his remedies, not only according to the kind of the disease, but according to its various accidents, and the complexion also of the patient.

§. 8. Direct. 8. Be sure to do most where you have most authority and obligation: He that will neglect and slight his Family, Relations, Children and Servants who are under him and always with him, and yet be zealous for the Conversion of strangers, doth discover much hypocrisy, and showeth that it is something else than the love of souls or sense of duty, which carrieth him on.

§. 9. Direct. 9. Never speak of holy things but with the greatest reverence and seriousness you can: The manner as well as the matter is needful to the effect: To talk of sin, and conversion, of God and eternity, in a common, running, careless manner, as you speak of the men and the matters of the world, is much worse than silence, and tendeth but to debauch the hearers, and bring them to a contempt of God and holiness. I remember myself that when I was young, I had sometime the company of one ancient godly Minister, who was of weaker parts than many others, but yet did profit me more than most; because he would never in prayer or conference, speak of God or the life to come, but with such marvelous seriousness and reverence, as if he had seen the Majesty and Glory which he talked of.

§. 10. Direct. 10. Take heed of inconsiderate imprudent passages, which may mar all the rest, and give malignant auditors advantage of contempt and scorn. Many honest Christians through their ignorance, thus greatly wrong the cause they manage (I would I might not say, Many Ministers). Too few words is not so bad, as one such imprudent foolish word too much.

§. 11. Direct. 11. Condescend to the weak, and bear with their infirmity: If they give you foolish answers, be not angry and impatient with them: yea, or if they perversely cavil and contradict: For the servant of the Lord must not strive, but be gentle to all men, apt to teach, patient, in meekness instructing opposers, if God peradventure will give them repentance to the acknowledging of the truth, 2 Tim. 2. 24, 25. He is a foolish Physician that cannot bear the words of a phrenetick or delirant Patient.

§. 12. Direct. 12. When you are among those that can teach you, be not so forward to teach as to learn. Be not eager to vent what you have to say, but desirous to hear what your betters have to say. Questions in such a case should be most of your part. It requireth great skill and diligence to draw that out of others which may profit you: And be not impatient if they cross your opinions, or open your ignorance. Yea, those that you can teach in other things, yet in some things may be able to add much to your knowledge.

Tit. 3. Special Directions for Reproof and Exhortation for the Good of Others.

THis duty is so great that Satan hindereth it with all his power, and so hard that most men quite omit it (unless an angry reproach may go for Christian Exhortation): And some spoil it in the management: And some proud censorious persons mistake the exercise of their pride and passion, for the exercise of a charitable Christian duty: and seem to be more sensible of their neighbors sin and misery, than of their own. Therefore that you miscarry not in so needful a work, I shall add these following Directions.

§. 1. Direct. 1. Be sure first that your reproof have a right end; and then let the manner be suited to that end. If it be to convince and convert a soul, it must be done in a manner likely to prevail: If it be only to bear down the arguments of a deceiver, to preserve the standers by, to vindicate the honor of God and godliness, and to dishonor sin, and to disgrace an obstinate factor for the Devil, then another course is fit. Therefore resolve first, by the quality of the cause and person, what must be your end.

§. 2. Direct. 2. Be sure that you reprove not that as a sin, which is no sin; either by mistaking the Law or the fact. To make duties and sins of our own opinions and inventions, and then to lay out our zeal on these, and censure or reprove all that think as hardly of such things as we; this is to make ourselves the objects of the hearers pity, and not to exercise just pity towards others! Such reproofs deserve reproof! For they discover great ignorance, and pride, and self-conceitedness, and very much harden sinners in their way; and make them think that all reproof is but the vanity of fantastical hypocrites: In some cases with a child, or servant, or private friend, or for prevention, we may speak of faults upon hearsay or suspicion: But it must be as of things uncertain: and as a warning rather than a reproof. In ordinary Reproof, you must understand the case before you speak. It is a shame to say after, I thought it had been otherwise: Such an erroneous reproof is worse than none.

§. 3. Direct. 3. Choose not the smallest sins to reprove, nor the smallest duties to exhort them to. For that will make them think that all your zeal is taken up with little matters, and that there is no great necessity of regarding you: and conscience will be but little moved by your speech: when greater things will greatly and more easily affect men.

§. 4. Direct. 4. Stop not ( with unregenerate men ) in the mention of particular sins or duties; but make use of particulars to convince them of a state of sin and misery. It is easy to convince a man that he is a sinner; and when that is done, he is never the more humbled or converted: For he will tell you, that All are sinners; and therefore he hopeth to speed as well as you. But you must make him discern his sinful state; and show him the difference between a penitent sinner and an impenitent; a converted sinner and an unconverted; a justified pardoned sinner, and an unjustified, unpardoned one: or else you will do him but little good.

§. 5. Direct. 5. Suit the manner of your reproof to the quality of the person: It is seldom that a Parent, Master, or Superior must be reproved by a private inferior: And when it is done, it must be done with great submission and respect. An angry peevish person must be dealt with tenderly, as you handle thorns: but a duller sottish person must be more earnestly and warmly dealt with. So also a greater sin must be roughly handled, or with greater detestation, than a less.

§. 6. Direct. 6. Take a fit season: Not when a man is in drink, or passion, or among others where the disgrace will vex and harden him: but in secret between him and you (if his conversion be your end).

§. 7. Direct. 7. Do all in love and tender pity: If you convince not the hearer that you do it in unfeigned love, you must (usually) expect to lose your labor; because you make not advantage of his self-love, to promote your exhortations: Therefore the exhorting way should be more frequent than the reproving way: For reproof disgraceth and exasperateth, when the same thing contrived into an exhortation may prevail.

§. 8. Direct. 8. Therefore be as much or more in showing the Good which you would draw them to, as the evil which you would turn them from. For they are never savingly converted till they are won to the Love of God and Holiness. Therefore the opening of the riches of the Gospel, and the Love of God, and the Joyes of Heaven, must be the greatest part of your treaty with a sinner.

§. 9. Direct. 9. And labor so to help him to a true understanding of the nature of Religion, that he may perceive that it is not only a necessary, but a pleasant thing. All love delights: It is the slander and misrepresentation of godliness by the Devil, the World and the Flesh, which maketh mistaken sinners shun it: The way to convert them, and win their hearts to it, is to make them know how good and pleasant it is: and to confute those calumnies.

§. 10. Direct. 10. Yet always insert the remembrance of death, and judgment, and of Hell. For the drowsy mind hath need to be awakened; and Love worketh best, when fear subserveth it. Its hard to procure a serious audience and consideration of things, from hardened hearts, if the sight of death and Hell do not help to make them serious. Danger which must be escaped, must be known and thought on. These things put weight and power into your speech.

§. 11. Direct. 11. Do all as with Divine authority: and therefore have ready some plain Texts of Scripture for the duty, and against the sin you speak of. Shew them where God himself hath said it.

§. 12. Direct. 12. Seasonable expostulations, putting themselves to judge themselves in their answer, hath a convincing and engaging force: As when you show them Scripture, ask them, [Is not this the Word of God? Do you not believe that its true? Do you think he that wrote this, knoweth not better than you or I? &c. ]

§. 13. Direct. 13. Put them on speedy practice, and prudently engage them to it by their promise. As if you speak to a drunkard, draw him to promise you to come no more (at least of so long time,) into an Ale-house? Or not drink Ale or Wine, but by the consent of his Wife, or some sober household friend who may watch over him: Engage the voluptuous, the unchaste, and gamester, to forsake the company which ensnareth them? Engage the ungodly to read the Scripture, to frequent good company, to pray morning and night (with a Book or without, as they are best able): Their promise may bring them to such a present change of practice, as may prepare for more.

§. 14. Direct. 14. If you know any near you who are much fitter than yourselves, and liker to prevail, procure them to attempt that which you cannot do succesifully. At least when sinners perceive that it is not only one man's opinion, it may somewhat move them to reverence the reproof.

§. 15. Direct. 15. Put some good Book into their hands, which is fittest to the work which you would have done: And get them to promise you seriously to read it over, and consider it: As if it be for the conversion of a careless sinner, Mr. Whateleys, or Mr. Swinnocks Treatise of Regeneration; or some other Treatise of Repentance and Conversion. If it be for one that is prejudiced against a strict Religious life, Mr. Allens Vindication of Godliness: If it be an idle voluptuous person, who wasteth precious Time in Plays or needless recreations, in gaming or an idle life, Mr. Whateleys Sermon, called The Redemption of Time: If it be a prayerless person, Dr. Prestons Saints Daily Exercise: If it be a drunkard, Mr. Harris Drunkards Cup: And for many reigning particular sins, a Book called, Solomon's Prescription against the Plague: For directions in the daily practice of Godliness, The Practice of Piety, or Mr. Thomas Gouges Directions, &c. Such Books may speak more pertinently than you can; and be as constant food to their sober thoughts; and so may further what you have begun.

§. 16. Direct. 16. When you cannot speak, or where your speaking prevaileth not, mourn for them, and earnestly pray for their recovery. A sad countenance of Nehemiah remembered Artaxerxes of his duty. A sigh or a tear for a miserable sinner, may move his heart, when exhortation will not. He hath a heart of stone, who will have no sense of his condition, when he seeth another weeping for him.

§. 17. Quest. But it is always a duty to reprove or exhort a sinner? How shall I know when it is my duty, and when it is not?

Answ. It is no duty in any of these cases following. 1. In general, When you have sufficient reason to judge, that it will do more harm than good, and will not attain its proper end: For God hath not appointed us to do hurt under pretence of duty: It is no Means, which doth cross the end which it should attain. As prayer and preaching may be a sin, when they are like to cross their proper end, so also may reproof be.

2. Therefore it must not be used when it apparently hindereth a greater good. As we may not pray or preach when we should be quenching a fire in the Town, or saving a man's life: So when reproof doth exclude some greater duty or benefit, it is unseasonable and no duty at that time. Christ alloweth us to forbear the casting of pearls before Swine, or giving that which is holy to Dogs, because of these two Reasons forementioned, It is no means to the contemptuous, and they will turn again and all to rend us. Much more, if it be some potent enemy of the Church, who will not only rend us, but the Church itself if he be so provoked; Reproving him then is not our duty.

3. Particularly, When a man is in a passion or drunk, usually it is no season to reprove him.

4. Nor when you are among others, who should not be witnesses of the fault or the reproof; or whose presence will shame him and offend him (except it be only the shaming of an incorrigible or malicious sinner which you intend).

5. Nor when you are uncertain of the fact which you would reprove, or uncertain whether it be a sin.

6. Or when you have no witness of it, (though you are privately certain,) with some that will take advantage against you as slanderers, a reproof may be omitted.

7. And when the offenders are so much your superiors, that you are like to have no better success than to be accounted arrogant: A groan or tears is then the best reproof.

8. When you are so utterly unable to manage a reproof, that imprudence or want of convincing reason, is like to make it a means of greater hurt than good.

9. When you foresee a more advantageous season if you delay.

10. When another may be procured to do it with much more advantage, which your doing it may rather hinder. In all these cases, that may be a sin, which at another time may be a duty.

§. 18. But still remember, 1. That pride, and passion, and slothfulness is wont to pretend such reasons falsely, upon some sleight conjectures, to put by a duty. 2. That no man must account another a Dog or Swine, to excuse him from this duty, without cogent evidence: And it is not every wrangling opposition, nor reproach and scorn, which will warrant us to give a man up as remediless, and speak to him no more: but only such, 1. As showeth a heart utterly obdurate after long means. 2. Or will procure more suffering to the reprover, than good to the offender. 3. That when the thing is ordinarily a duty, the reasons of our omission must be clear and sure, before they will excuse us.

§. 19. Quest. Must we reprove Infidels or Heathens? What have we to do to judge them that are without?

Answ. Not to the ends of excommunication; because they are not capable of it: which is meant 1 Cor. 5. But we must reprove them, 1. In common compassion to their souls: What were the Apostles and other Preachers sent for, but to call all men from their sins to God? 2. And for the defense of truth and godliness against their words or ill examples.

Tit. 2. Certain Cases of Conscience about Theft and Injury.

§. 1. Quest. 1. IS it a sin for a man to steal in absolute necessity, when it is merely to save his life?

Answ. The case is very hard: I shall, 1. Tell you so much as is past controversy, and then speak to the controverted part. 1. If all other unquestionable means be not first used, it is undoubtedly a sin. If either laboring, or begging will save our lives, it is unlawful to steal. Yea or if any others may be used to intercede for us. Otherwise it is not stealing to save a man's life, but stealing to save his labor, or to gratify his pride and save his honor. 2. It is undoubtedly a sin, if the saving of our lives by it, do bring a greater hurt to the Common-wealth, or other men than our lives are worth. 3. And it is a sin if it deprive the owner of his life▪ he being a person more worthy and useful to the common good. These cases are no matter of Controversy.

§. 2. 4. And it is agreed of that no man may steal beforehand out of a distrustful fear of want. 5. Or i • he take more than is of necessity to save his life. These cases also are put as out of Controversy.

§. 3. But whether in an innocent absolute necessity it be lawful to steal so much as is merely sufficient to save ones life, is a thing that Casuists are not agreed on. They that think it lawful, say that the preservation of life is a natural duty, and preservation of propriety is but a subservient thing which must give place to it. So Ames de Conscient. l. 5. c. 50. maketh it one case of lawful taking that which is another's, Si irrationabiliter censeatur Dominus invitus: ut in eis quae accipit aliquis ex alieno ad extremam & praesentem suam necessitatem sublevandam, cui alia ration succurrere non potest. H • c enim videtur esse ex jure naturali, division rerum antiquiore & superiore; quod jure humano quo facta est divisio rerum non potuit abrogari: Quo sensu non male dicitur, omnia fieri communia in extrema necessitate.

§. 4. On the other side, those that deny it say, that the same God that hath bid us preserve our lives, hath appointed propriety, and forbid us to steal, without excepting a case of necessity, and therefore hath made it simply evil, which we may not do for the procurement of any good: And the saving of a man's life will not prove so great a good, as the breaking of God's Law will be an evil.

§. 5. For the true determining of this case, we must distinguish of Persons, Places and Occasions. 1. Between those whose lives are needful to the public good and safety, and those that are not of any such concernment. 2. Between those that are in an enemies or a strange Country, and those that are in their own. 3. Between those that are in a Common-wealth, and those that are either in a community, or among people not embodyed or conjoined. 4. Between those that take but that which the refuser was bound to give them, and those that take that which he was not bound to give them: And so I answer;

§. 6. 1. Whensoever the preservation of the life of the taker, is not in open probability, like to be more serviceable to the common good, than the violation of the right of Propriety will be hurtful, the taking of another man's goods is sinful, though it be only to save the takers life. For the common good is to be preferred before the good of any individual.

§. 7. 2. In ordinary cases, the saving of a man's life will not do so much good, as his stealing will do hurt. Because the lives of ordinary persons are of no great concernment to the common good: And the violation, of the Laws, may encourage the poor to turn thieves, to the loss of the estates and lives of others, and the overthrow of public peace and order. Therefore ordinarily it is a duty, rather to die, than take another man's goods against his will, or without his consent.

§. 8. 3. But in case that the Common good doth apparently more require the preservation of the persons life, than the preservation of propriety and keeping of the Law in that instance, it is then no sin (as I conceive): which may fall out in many instances.

As, 1. In case the King and his Army, should march through a Neighbor-Princes Country, in a necessary War against their enemies! If food be denied them in their march, they may take it rather than perish. 2. In case the Kings Army in his own Dominions, have no pay, and must either disband or die, if they have not provision, they may rather take free quarter, in case that their obedience to the King and the preservation of the Country forbiddeth them to disband. 3. When it is a person of so great honor, dignity and desert, as that his worth and serviceableness will do more than recompense the hurt: As if Alexander, or Aristotle were on Ship-board with a Covetous Ship-master, who would let them die rather than relieve them. 4. When a Child taketh meat from a cruel Parent that would famish him, or a Wife from such a cruel husband! Or any man taketh his Own by stealth from another who unjustly detaineth it, when it is to save his life. For here there is a fundamental right ad rem, and the heinousness of his crime that would famish another rather than give him his own, or his due, doth take off the scandal and evil consequents, of the manner of taking it. 5. But the greatest difficulty is, in case that only the common Law of humanity and charity bind another to give to one that else must die, and he that needeth may take it so secretly that it shall in likelihood never be known, and so never be scandalous, nor encourage any other to steal? May not the needy then steal to save his life? This case is so hard, that I shall not venture to determine it: But only say that he that doth so in such a case, must resolve when he hath done, to repay the owner if ever he be able (though it be but a piece of bread); or to repay him by his labor and service, if he have no other way, and be thus able; or if not so, to confess it to him that he took it from, and acknowledge himself his debtor (unless it be to one whose cruelty would abuse his confession).

§. 9. Quest. 2. If another be bound to relieve me, and do not; may I not take it, though it be not for the immediate saving of my life?

Answ. If he be bound only by God's law to relieve you, you must complain to God, and stay till he do you right, and not break his Law and order, by righting yourself, in case you are not in the necessity aforesaid. If he be bound also by the Law of man to relieve you, you may complain to the Rulers, and seek your right by their assistance? but not by stealth.

§. 10. Quest. 3. If another borrow or possess my goods or money, and refuse to pay me, and I cannot have law and justice against him, or am not rich enough to sue him, may I not take them if I have an opportunity?

Answ. If he turn your enemy in a time of War, or live under another Prince, with whom you are at War, or where your Prince alloweth you to take it; there it seemeth undoubtedly lawful to take your own by that Law of Arms, which then is uppermost. But when the Law that you are under forbiddeth you, the case is harder. But it is certain that Propriety is in communities, and is in order of nature antecedent to human Government in Republics: and the preservation of it is one of the ends of Government: Therefore I conceive that in case you could take your own so secretly, or in such a manner as might no way hinder the ends of Government as to others, by encouraging thievery or unjust violence, it is not unlawful before God, the end of the Law being the chief part of the Law: But when you cannot take your own without either encouraging theft or violence in others, or weakening the power of the Laws and Government by your disobedience (which is the ordinary case) it is unlawful: Because the preservation of order and of the honor of the Government and Laws, and the suppression of theft and violence, is much more necessary than the righting of yourself, and recovering your own.

§. 11. Quest. 4. If another take by theft or force from me, may I not take my own again from him, by force or secretly, when I have no other way?

Answ. Not when you do more hurt to the Common-wealth by breaking Law and order, than your own benefit can recompense! For you must rather suffer, than the Common-wealth should suffer: But you may, when no such evils follow it.

§. 12. Quest. 5. If I be in no necessity myself, may I not take from rich men to give the poor who are in extreme necessity?

Answ. The answer to the first case may suffice for this: In such cases wherein a Poor man may not take it for himself, you may not take it for him. But in such cases as he may take it for himself, and no one else is fit to do it, he himself being unable, you may do it (when no accidental consequents forbid you.

§. 13. Quest. 6. If he have so much as that he will not miss it; and I be in great want, though not like to die of famine, may I not take a little to supply my want?

Answ. No: because God hath appointed the means of just propriety; and what is not gotten by those means, is none of yours by his approbation. He is the giver of Riches; and he intendeth not to give to all alike: If he give more to others he will require more of them. And if he give less to you, it is the measure which he seeth to be meetest for you; and the condition in which your obedience and patience must be tried: And he will not take it well, if you will alter your measure by forbidden means, and be carvers for yourselves, or level others.

§. 14. Quest. 7. There are certain measures which humanity obligeth all men to grant to those in want, and therefore men take without asking: As to pluck an Apple from a tree, or as Christ's disciples, to rub the ears of Corn to eat: If a Nabal deny me such a thing, may I not take it?

Answ. If the Laws of the Land allow it you, you may: Because men's propriety is subjected to the Law for the common good. But if the Law forbid it you, you may not: except when it is necessary to save your life, upon the terms expressed under the first question.

§. 15. Quest. 8. May not a Wife or Child or Servant take more than a cruel Husband or Parent or Master doth allow? Suppose it be better meat or drink?

Answ. How far the Wife hath a true propriety herself, and therefore may take it, dependeth on the Contract and the Laws of the Land; which I shall not now meddle with. But for Children and Servants, they may take no more than the most cruel and unrighteous parents; or masters do allow them; except to save their lives upon the conditions in the first case: But the servant may seek relief of the Magistrate: and he may leave such an unrighteous Master: And the Child must bear it patiently as the cross by which it pleaseth God to try him: Unless that the Government of the Parent be so bad, as to tend to his undoing: And then I think he may leave his Parents for a better condition: (except it be when their own necessity obligeth him to stay and suffer for their help and benefit). For it is true that a Child oweth as much to his Parents as he can perform, by way of gratitude, for their good: But it is true also, that a Parent hath no full and absolute propriety in his Child, as men have in their Cattle: But is made by nature, their guardian for their benefit: And therefore when Parents would undo their Children's souls or bodies, the Children may forsake them, as being first forsaken by them; further than as they are obliged in gratitude to help them, as is aforesaid.

§. 16. Quest. 9. If a man do deserve to lose somewhat which he hath, by way of punishment, may I not take it from him?

Answ. Not, unless the Law either make you a Magistrate or Officer to do it, or allow and permit it at the least: Because it is not to you that the forfeiture is made: Or if it be, you must execute the Law according to the Law, and not against it; For else you will offend in punishing offenses.

§. 17. Quest. 10. But what if I fully resolve, when I take a thing in my necessity, to repay the owner, or make him satisfaction if ever I be able?

Answ. That is some extenuation of the sin, but no justification of the fact; which is otherwise unjustifiable: Because it is still without his consent.

§. 18. Quest. 11. What if I know not whether the owner would consent, or not?

Answ. In a case where common custom and humanity alloweth you to take it for granted that he would not deny you (as to pluck a ear of Corn, or gather an herb for Medicine in his field) you need not scruple it: unless you conjecture that he is a Nabal and would deny you. But otherwise if you doubt of his consent, you must ask it, and not presume of it without just cause.

§. 19. Quest. 12. What if I take a thing from a friend but in a way of jest; intending to restore it?

Answ. If you have just ground to think that your friend would consent if he knew it, you will not be blameable: But if otherwise, either you take it for your own benefit and use, or you take it only to make sport by: The former is their, for all your jest: The later is but an unlawful way of jesting.

§. 20. Quest. 13. What if I take it from him but to save him from hurting his body with it: As If I steal poison from one that intended to kill himself by it: or take a sword from a drunken man, that would hurt himself; or a knife from a melancholy man! or what if it be to save another, as to take a mad man's sword from him, who would kill such as are in his way, or an angry man's that will kill another.

Answ. This is your duty according to the sixth Commandment, which bindeth you to preserve your Neighbors life: So be it these conditions be observed: 1. That you keep not his sword for your benefit and advantage, nor claim a propriety in it: but give it his friends, or deliver it to the Magistrate. 2. That you do nothing without the Magistrate, in which you may safely stay for his Authority and help: But if two be fighting, or thieves be robbing or murdering a man, or another's life be in present danger, you must help them without staying for the Magistrates authority. 3. That you make not this a pretence for the usurping of Authority, or for resisting or deposing your lawful Prince or, Magistrate, or Parent, or Master, or of exercising your own will and passions against your Superiors; pretending that you take away their swords to save themselves or others from their rage, when it is indeed but to hinder justice.

§. 21. Quest. 14. May I not then much more take away that by which he would destroy his own or other men's souls: As to take away Cards or Dice from Gamesters; or heretical or s • di • ious books; or Play-books and Romances, or to pull down Idols which the Idolaters do adore; or are instruments of Idolatry?

Answ. There is much difference in the cases, though the soul be more precious than the body: For, 1. Here there is supposed to be so much leisure and space as that you may have time to tell the Magistrate of it, whose duty primarily it is: Whereas in the other case it is supposed that so much delay would be a man's death. Therefore your duty is to acquaint the Magistrate with the sin and danger; and not to anticipate him, and play the Magistrate yourself. Or in the case of Cards and Dice and hurtful books, you may acquaint the persons with the sin, and persuade them to cast them away themselves. 2. Your taking away these instruments is not like to save them: For the love of the sin, and the Will to do it, remaineth still: and the sinner will but be hardened by his indignation, against your irregular course of charity. 3. Men are bound to save men's bodies whether they will or not: because it may be so done: But no man can save another's soul against his will! And it is God's will that their salvation or damnation shall be more the fruit of their own wills, than of any others. Therefore though it's possible to devise an instance, in which it is lawful to steal a poisonous book or idol from another (when it is done so secretly as will encourage no disobedience or disorder; nor is like to harden the sinner, but indeed to do him good, &c. ) yet ordinarily all this is unlawful, for private men, that have no Government of others, or extraordinary interest in them.

§. 2. Quest. 15. May not a Magistrate take the subjects goods, when it is necessary for their own preservation?

Answ. I answered this question once heretofore in my Political Aphorisms: And because I repent of meddling with such subjects, and of writing that Book, I will leave such cases hereafter for fitter persons to resolve.

Quest. 16. But may I not take from another for a holy use: As to give to the Church or maintain the Bishops: If David took the hallowed bread in his necessity, may not hallowed persons take common bread much more?

Answ. If holy persons be in present danger of death, their lives may be saved as other men's on the terms mentioned in the first case. Otherwise God hath no need of theft or violence; nor must you rob the Laity to clothe the Clergy: But to do such evil on pretence of piety and good, is an aggravation of the sin.

Tit. 1. General Directions against injurious Bargaining and Contracts.

BEsides the last Directions Chap. 18. take these as more nearly pertinent to this case.

§. 1. Direct. 1. See that your hearts have the two great principles of Justice deeply and habitually innaturalized or radicated in them: viz. The true Love of your neighbor, and the Denyal of yourself: which in one precept are called, The Loving of your neighbor as yourself. For then you will be freed from the Inclination to injuries and fraud, and from the power of those temptations, which carry men to these sins. They will be contrary to your habitual will or inclination; and you will be more studious to help your neighbor, than to get from him.

§. 2. Direct. 2. Yet do not content yourself with these habits, but be sure to call them up to act, when ever you have any bargaining with others; and let a faithful Conscience be to you as a Cryer to proclaim God's Laws, and say to you, Now remember Love and Self-denial, and Do as you would be done by. If Alexander Severus so highly valued this saying, Quod tibi fieri non vis, alteri ne feceris; as to make it his Motto, and write and engrave it on his doors and buildings (having learned it of some Christians or Jews, saith Lampridius ); What a crime and shame is it for Christ's own professed Disciples neither to learn or love it. Put home the question when you have any bargaining with others, How would I be dealt with myself, if my case were the same with his?

§. 3. Direct. 3. When the Tempter draweth you to think only of your own commodity and gain, remember how much more you will lose by sin, than your gain can any way amount to. If Acan, Gehazi, Ahab, Judas, &c. had foreseen the end, and the greatness of their loss, it would have curbed their covetous desires. Believe God's Word from the bottom of your heart, that you shall lose things eternal if you sinfully get things temporal, and then you will not make haste to such a bargain, to win the world and lose your souls.

§. 4. Direct. 4. Understand your neighbors case aright, and meditate on his wants and interest. You think what you want yourself; but you think not whether his wants with whom you deal, may not be as great as yours: Consider what his commodity costeth him: or what the toil of the workmans labor is: What house rent he hath to pay, and what a family to maintain? and whether all this can be well done, upon the rates that you desire to trade with him. And do not believe every common report, of his riches, or of the price of his commodity; For same in such cases is frequently false.

§. 5. Direct. 5. Regard the public good above your own commodity. It is not lawful to take up or keep up any oppressing monopoly or Trade; which tendeth to enrich you by the loss of the Common-wealth or of many.

§. 6. Direct. 6. Therefore have a special regard to the Laws of the Country where you live: both as to your Trade itself, and as to the price of what you sell or buy. For the Law is made for the public benefit, which is to be preferred before any private man's. And when the Law doth directly or indirectly set rates upon labors or commodities, ordinarily they must be observed; or else you will commit two sins at once, Injury and Disobedience.

§. 7. Direct. 7. Also have special respect to the common estimate, and to the Market-price. Though it be not always to be our Rule, yet ordinarily it must be a considerable part of it; and of great regard.

§. 8. Direct. 8. Let not imprudent tinking make you seem more covetous than you are. Some imprudent persons cannot tell how to make their markets without so many words, even about a penny or a trifle, that it maketh others think them covetous, when it is rather want of wit. The appearance of evil must be avoided. I have known some that are ready to give a pound to a charitable use at a word, who will yet use so many words for a penny in their bargaining, as maketh them deeply censured and misunderstood. If you see cause to break for a penny or a small matter, do it more handsomely in fewer words, and be gone! And do not tempt the seller to multiply words, because you do so.

§. 9. Direct. 9. Have no more to do in bargaining with others, especially with censorious persons, than you needs must: For in much dealing usually there will be much misunderstanding, offense, censure and complaint.

§. 10. Direct. 10. In doubtful cases, when you are uncertain what is lawful, choose that side which is safest to the peace of your consciences hereafter; though it be against your commodity, and may prove the losing of your right.

Tit. 2. Cases of Conscience about Justice in Contracts.

§. 1. Quest. 1. MUst I always do as I would be done by? Or hath this Rule any Exceptions?

Answ. The Rule intendeth no more but that your just self-denial and love to others, be duly exercised in your dealings with all. And 1. It supposeth that your own will or desires be honest and just, and that God's Law be their Rule. For a sinful will may not be made the rule of your own actions or of other men's. He that would have another make him drunk, may not therefore make another drunk: And he that would abuse another man's Wife, may not therefore desire that another man would lust after or abuse his Wife. He that would not be instructed, reproved, or reformed, may not therefore forbear the instructing or reproving others. And he that would kill himself, may not therefore kill another. But he that would have no hurt done to himself injuriously should do none to others: And he that would have others do him good, should be as willing to do good to them.

2. It supposeth that the matter be to be varied according to your various conditions. A Parent that justly desireth his child to obey him, is not bound therefore to obey his child; nor the Prince to obey his subjects; nor the Master to do all the work for his servants, which he would have his servants do for him. But you must deal by another, as you would (regularly) have them deal by you, if you were in their case, and they in yours. And on these terms it is a Rule of Righteousness.

§. 2. Quest. 2. Is a Son bound by the contract which his Parents or Guardians made for him in his infancy?

Answ. To some things he is bound, and to some things not. The Infant is capable of being obliged by another upon four accounts: 1. As he is the Parents own; (or a Masters to whom he is in absolute servitude.) 2. As he is to be Ruled by the Parents. 3. As he is a Debtor to his Parents for benefits received. 4. As he is an expectant or capable of future benefits to be enjoyed upon conditions to be performed by him. 1. No Parents or Lord have an Absolute Propriety in any rational creature; but they have a propriety secundum quid, & ad hoc: And a Parents propriety doth in part expire or abate, as the Son groweth up to the full use of reason, and so hath a greater propriety in himself. Therefore he may oblige his Son only (on this account) so far as his propriety extendeth, and to such acts; and to no other: For in those his Will is reputatively his Sons will. As if a Parent sell his Son to servitude, he is bound to such service as beseemeth one man to put another to. 2. As he is Rector to his Child, he may by contract with a third person promise that his child shall do such acts, as he hath power to command and cause him to do: As to read, to hear God's Word, • o labor as he is able: But this no longer, than while he is under his Parents Government: And so long Obedience requireth him to perform their contracts, in performing their commands. 3. The child having received his Being and maintenance from his Parents, remaineth obliged to them as his Benefactors in the debt of gratitude as long as he liveth: And that so deeply that some have questioned whether ever he can requite them: (which quoad valorem beneficii he can do only by furthering their salvation; as many a child hath been the cause of the Parents conversion.) And so far as the Son is thus a debtor to the Parents, he is obliged to do that which the Parents by contract with a third person shall impose upon him. As if the Parents could not be delivered out of captivity, but by obliging the Son to pay a great sum of money, or to live in servitude for their release: Though they never gave him any money, yet he is bound to pay the sum, if he can get it, or to perform the servitude: Because he hath received more from them, even his being. 4. As the Parents are both Owners ( secundum quid ) and Rulers and Benefactors to their child, in all three respects conjunct, they may oblige him to a third person who is willing to be his Benefactor, by a conditional obligation to perform such conditions that he may possess such or such benefits: And thus a Guardian or any friend who is fit to interpose for him may oblige him. As to take a lease in his name, in which he shall be bound to pay such a rent, or do such a service, that he may receive such a commodity which is greater. Thus Parents oblige their children under Civil Governments to the Laws of the Society or Kingdom, that they may have the protection and benefits of subjects. In these cases the child can complain of no injury; for it is for his benefit that he is obliged: And the Parent (in this respect) cannot oblige him to his hurt: For if he will quit the benefit, he may be freed when he will from his obligation, and may refuse to stand to the Covenant if he dislike it. If he will give up his lease, he may be disobliged from the Rent and service.

§. 3. In all this you may perceive that no man can oblige another against God or his salvation: And therefore a Parent cannot oblige a child to sin, nor to forbear hearing or reading the Word of God, or praying, or anything necessary to his salvation: Nor can he oblige him to hear a Heretical Pastor, nor to marry an Infidel or wicked Wife, &c.

§. 4. And here also you may perceive on what grounds it is that God hath appointed Parents to oblige their children in the Covenant of Baptism, to be the servants of God, and to live in holiness all their days.

§. 5. And hence it is apparent, that no Parents can oblige their children to be miserable, or to any such condition which is worse than to have no being.

§. 6. Also that when Parents do (as commonly they do) profess to oblige their children as Benefactors for their good, the obligation is then to be interpreted accordingly: And the child is then obliged to nothing which is really his hurt.

Yea, all the Propriety and Government of Parents, cannot authorize them to oblige the child to his hurt, but in order to some greater good, either to the Parents themselves, or to the Common-wealth, or others: At least that which the Parents apprehend to be a greater good: But if they err through ignorance or partiality, and bind the child to a greater hurt for their lesser good (as to pay 200 l. to save them from paying 100 l. ) whether their injury and sin do excuse the child from being obliged to anymore than the proportion of the benefit required, I leave undetermined.

§. 7. Quest. 2. But what if the Parents disagree, and one of them will oblige the child, and the other will not?

Answ. 1. If it be an act of the Parents as mere Proprietors for their own good, either of them may oblige him in a just degree; because they have severally a propriety. 2. If it be an act of Government (as if they oblige him to do this or that act of service at their command in his minority,) the Father may oblige him against the Mothers consent, because he is the chief Ruler; but not the Mother against the Fathers will; though she may without it.

§. 8. Quest. 3. Is a man obliged by a contract which he made in ignorance or mistake of the matter?

Answ. I have answered this before in the case of Marriage Part. 3. Chap. 1. I add here.

1. We Must distinguish between culpable and inculpable error: 2. Between an error about the principal matter, and about some smaller accidents or circumstances. 3. Between a case where the Law of the Land, or the common good interposeth, and where it doth not.

1. If it be your own fault that you are mistaken, you are not wholly freed from the obligation: But if it was your gross fault; by negligence or vice, you are not at all freed: But if it were but such a frailty as almost all men are liable to, so that none but a person of extraordinary virtue or diligence could have avoided the mistake, then equity will proportionably make you an abatement or free you from the obligation. So far as you were obliged to understand the matter, so far you are obliged by the contract; especially when another is a loser by your error.

2. An inculpable error about the circumstances, or smaller parts, will not free you from an obligation in the principal matter: But an inculpable error in the essentials will.

3. Except when the Law of the Land or the common good, doth otherwise over-rule the case: For then you may be obliged by that accident. In divers cases the Rulers may judge it necessary, that the effect of the contract shall depend upon the bare words, or writings, or actions; lest false pretences of misunderstanding should exempt deceitful persons from their obligations; and nothing should be a security to contractors. And then men's private commodity must give place, to the Law and to the public good.

4. Natural infirmities must be numbered with faults, though they be not moral vices, as to the contracting of an obligation, if they be in a person capable of contracting. As if you have some special defect of memory, or ignorance of the matter which you are about! Another who is no way faulty by over-reaching you, must not be a loser by your weakness. For he that cometh to the market, or contracteth with another who knoweth not his infirmity, is to be supposed to understand what he doth, unless the contrary be manifest: You should not meddle with matters which you understand not: Or if you do, you must be content to be a loser by your weakness.

5. Yet in such cases, another that hath gained by the bargain, may be obliged by the Laws of equity and charity, to remit the gain, and not to take advantage of your weakness: But he may so far hold you to it, as to secure himself from loss: except in cases where you become the object of his Charity, and not of Commutative Justice only.

§. 9. Quest. 4. Is a drunken man, or a man in a transporting passion, or a melancholy person, obliged by a contract made in such a case?

Answ. Remember still, that we are speaking only of Contracts about matters of profit or worldly interest: and not of marriage, or any of another nature. And the Question as it concerneth a man in Drunkenness or Passion, is answered as the former about culpable error: And as it concerneth a melancholy man, it is to be answered as the former question, in the case of natural infirmity. But if the melancholy be so great as to make him uncapable of bargaining, he is to be esteemed in the same condition as an Ideot, or one in deliration or distraction.

§. 10. Quest. 5. But may another hold a man to it, who in drunkenness or passion maketh an ill bargain, or giveth or playeth away his money; and repenteth when he is sober?

Answ. He may (ordinarily) take the money from the loser, or him that casteth it thus away: But he may not keep it for himself: But if the loser be poor, he should give it to his Wife or Children whom he robbeth by his sin: If not, he should either give it to the Magistrate or Overseer for the poor, or give it to the poor himself. The reason of this determination is; Because the loser hath parted with his propriety, and can lay no further claim to the thing: But yet the gainer can have no right from another's crime: If it were from an injury, he might; so far as is necessary to reparations: But from a crime he cannot: For his loss is to be estimated as a mulct or penalty, and to be disposed of as such mulcts as are laid on Swearers and Drunkards are. Only the person by his voluntary bargain, hath made the other party instead of the Magistrate, and authorized him (in ordinary cases) to dispose of the gain, for the poor or public good.

§. 11. Quest. 6. Am I obliged by the words or writings which usually express a Covenant, without any Covenanting or self-obliging intention in me, when I speak or write them?

Answ. Either you utter or write those words, with a purpose to make another believe that you intend a Covenant; or at least by culpable negligence, in such a manner as he is bound so to understand you, or justified for so understanding you: or else you so use the words, as in the manner sufficiently to signify that you intend no Covenant or self-obligation. In the former case you bind yourself (as above said): Because another man is not to be a loser, nor you a gainer or a saver by your own fraud or gross negligence. But in the later case you are not bound: Because an intent of self-obliging is the internal efficient of the obligation: and a signification of such an intent, is the external efficient, without which it cannot be. If you read over the words of a bond, or repeat them only in a Narrative, or ludicrously; •• if a Scr • vener write a form of obligation of himself, to a boy for a Copy, or to a Scholar for a president, these do not induce any obligation in Conscience, nor make you a debtor to another. (Thus also the case of the Intent of the Baptizer, or Baptized (or parents) is to be determined).

§. 12. Quest. 7. May a true man promise money to a robber, for the saving of his life or of a greater sum, or more precious commodity?

Answ. Yes, in case of necessity, when his life or estate cannot better be preserved: And so taxes may be paid to an Enemy in arms, or to a plundering Soldier, (supposing that it do no other hurt, which is greater than the good). Any man may part with a lesser good to preserve a greater: And it is no more voluntary or imputable to our wills, than the casting of our goods into the Sea to save the vessel and our lives.

§. 13. Quest. 8. May I give money to a Judge or Justice or Court-officer, to hire him to do me justice, or to keep him from d • ing me wrong; or to avoid persecution.

Answ. You may not, in case your cause be bad, give anything to procure injustice against another; no nor speak a word for it nor desire it: This I take as presupposed. You may not give money to procure justice, 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 men in the sin of bribery; and cause them to expect the like from others. But except it be, when some such 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, you may part with a smaller matter for a greater.

§. 14. Quest. 9. But if I make such a contract, may the other lawfully take it of me?

Answ. No: for it is now supposed that it is unlawful on his part.

§. 15. Quest. 10. But if under necessity or force, I promise money to a Robber or a Judge or Officer, am I bound to perform it when necessity is over?

Answ. You have lost your own propriety by your Covenant, and therefore must not retain it: But he can acquire no right by his sin; and therefore some say that in point of Justice you are not bound to give it him, but to give it to the Magistrate for the poor: But yet Prudence may tell you of other reasons à fine to give it the man himself, though Justice bind you not to it: As in case that else he may be revenged and do you some greater hurt: or some greater hurt is any other way like to be the consequent; which it is lawful by money to prevent. But many think that you are bound to deliver the money to the Thief or officer himself; because it is a lawful thing to do it, though he have no just title to it; and because it was your meaning, or the signification of your words in your Covenant with him: And if it were not lawful to do it, it could not be lawful to promise to do it: otherwise your promise is a lie. To this those of the other opinion say, that as a man who is discharged of his promise by him that it was made to, is not to be accounted false if he perform it not; so is it as to the Thief or Officer in question; because he having no right, is to you as the other that hath quit his right. And this answer indeed will prove, that it is not strict injustice not to pay the money promised: but it will not prove that it is not a lie to make such a promise with an intent of not-performing it, or that it is not a lie to make it with an intent of performing it, and not to do it when you may. Though here a Jesuit will tell you that you may say the words of a promise, with an equivocation or mental reservation, to a Thief or persecuting Magistrate: (Of which see more in the Chapters of Lying, Vowes and Perjury.) 〈…〉 am therefore of Opinion that your promise must be sincerely made, and according to the true intent of it, you must offer the money to the Thief or Officer; except in case the Magistrate forbid you, or some greater reason lie against it, which you foresaw not when you made the promise. But the offender is undoubtedly obliged not to take the money.

§. 16. The same determination holdeth as to all contracts and promises made to such persons, who by injurious force constrained us to make them. There is on us an obligation to Veracity, though none to them in point of Justice, because they have no proper right; nor may they lawfully take our payment or service promised them. And in case that the public good unexpectedly cross our performance, we must not perform it: Such like is the case of Conquerors, and those that upon conquest become their vassals or subjects upon unrighteous terms. But still remember, that if it be not only a Covenant with man, but a Vow to God, which maketh him a party, the case is altered, and we remain obliged.

§. 17. Quest. 11. But may I promise the Thief or Bribe-taker to conceal his fault? and am I obliged to the performance of such a promise?

Answ. This is a promise of omitting that which else would be a duty. It is ordinarily a duty to reveal a Thief and bribe-taker that he may be punished. But affirmatives bind not ad semper: no act, (especially external) is a duty at all times: Therefore not this, of revealing an offenders fault. And if it be not always a duty, then it must be none when it is inconsistent with some greater benefit or duty: For when two goods come together, the greater is to be preferred: Therefore in case that you see in just probability, that the concealment of the sinner will do more hurt, to the Common-wealth or the souls of men, than the saving of your life is like to do good, You may not promise to conceal him: or if you sinfully promise it, you may not perform it. But in case that your life is like to be a greater good than the Not promising to conceal him, then such a promise is no fault; because the disclosing him is no duty. But to judge rightly of this is a matter of great difficulty. If it be less than life which you save by such a promise, it oft falls out that it is a lesser good, than the detecting of the offense.

§. 18. But it will here be said, If I promise not to conceal a Robber, I must conceal him nevertheless; for when he hath killed me, I cannot reveal him; and I must conceal the bribe-taker; for till I have promised secrecy, I cannot prove him guilty. And he that promiseth to forbear a particular good action whilst he liveth, doth yet reserve his life, for all other good works: whereas if he die, he will neither do that nor any other. But this case is not so easily determined: If Daniel die, 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 promise to give over praying, to save his life. I conceive that we must distinguish of duties essential to the outward part of Christianity, or of constant indispensible necessity; and duties which are alterable, and belong only to some persons, times and places: Also between the various consequents of omissions. And I conceive that ordinarily a man may promise for the saving of his life, that he will forbear a particular alterable duty, or relation: As to read such a Commentary, to speak with such a Minister, to be a Magistrate or a Minister, &c. in case we have not before bound ourselves, never to give over our Calling till death: And in case that the good which will follow our forbearance, is likely (to a judicious person,) to be greater than the evil. But no man may promise to omit such a duty as God hath made necessary during life: as not to love God, or fear or trust him: not to Worship him and call upon him and praise him: nor to do good to men's souls or bodies in the general: or, not to Preach or Pray while I am a Minister of Christ; or not at all to Govern while you are a Governor: For all these contradict some former and greater promises or duties. Nor may you omit the smallest duty to save your life, at such a time when your death is like to do more good, than your life would do without that one duty. Apply this to the present case.

§. 19. Quest. 12. If another man deceive me into a promise or Covenant against my good, am I bound to perform it, when I have discovered the deceit.

Answ. Yes, 1. In case that the Law of the Land, or other reasons for the public good require it: 2. Or in case that you were faulty by negligence, heedlessness, or otherwise guilty of your own deceit, in any considerable and avoidable degree. Otherwise, in that measure that he deceived you, and in those respects you are not obliged.

§. 20. Quest. 13. If the contracting parties do neither of them understand the other, is it a Covenant: Or if it be, whose sense must carry it?

Answ. If they understand not each other in the Essentials of the Contract, it is no contract, in point of Conscience: except where the Laws, for the public safety, do annex the obligation to the bare external act. But if they understand not one another in some circumstances, and be equally culpable or innocent, they must come to a new agreement in those particulars: But if one party only be guilty of the misunderstanding, he must bear the loss, if the other insist on it.

§. 21. Quest. 14. Am I bound to stand to the bargains which my friend, or trustee or servant maketh for me, when it proveth much to my injury or loss?

Answ. Yes; 1. If they exceed not the bounds of that commission or trust, which they received from you: 2. Or if they do, yet if by your former trusting and using them, or by any other sign, you have given the other party sufficient cause to suppose them entrusted by you to do what they do, so that he is deceived by your fault, you are bound at least to see that he be no loser by you; though you are not bound to make him a gainer, unless you truly signified that you authorized them to make the contract. For if it be merely your friends or servants error, without your fault, it doth not bind you to a third person. But how far you may be bound to pardon that error to your friend or servant, is another question? and how far you are bound to save them harmless. And that must be determined by laying together all other obligations between them and you.

§. 22. Quest. 15. If I say, I will give such or such a one this or that, am I bound thereby to do it?

Answ. It is one thing to express your present mind and resolution, without giving away the liberty of changing it: And its another thing to intend the obliging of yourself to do the thing mentioned▪ and that obligation is either intended to man, or to God only; and that is either in point of rendition and use, or in point of veracity, or the performance of that moral duty of speaking truth. If you meant no more, in saying, I will do it, or I will give it; but that this is your present Will, and purpose and resolution, yea, though it add the confident persuasion▪ that your will shall not change; yet this no further obligeth you, than you are obliged to continue in that will: And a man's confident resolutions may lawfully be changed upon sufficient cause. But if you intended to alienate the title to another, or to give him present right, or to oblige yourself for the future to him by that promise; or to oblige yourself to God to do it by way of peremptory assertion, as one that will be guilty of a lie if you perform it not; or if you dedicate the thing to God by those words as a Vow, then you are obliged to do accordingly (supposing nothing else to prohibit it.)

§. 23. Quest. 16. Doth an inward promise of the mind, not expressed, oblige?

Answ. In a Vow to God it doth: And if you intend it as an assertion obliging you in point of Veracity, it doth so oblige you, that you must not lie. But it is no contract, nor giveth any man a title to what you tacitly thought of.

§. 24. Quest. 17. May I promise an unlawful thing (simply so) without an intention of performing it, to save my life from a thief or persecutor?

Answ. No: Because it is a lie, when the tongue agreeth not with the heart. Indeed those that think a lie is no sin, when it hurteth not another, may justify this, if that would hold good: But I have before confuted it Tom. 1. in the Chapter against Lying.

§. 25. Quest. 18. May anything otherwise unlawful become a duty upon a promise to do it?

Answ. This is answered before Tom. 1. Chapter of Perjury and Vows: A thing simply unlawful will be▪ so still, notwithstanding a Vow or promise: And some say so of that also which is unlawful antecedently but by accident! As e. g. It is not simply unlawful to cast away a cup of Wine or a piece of Silver: (for it is lawful upon a sufficient cause). But it is unlawful to do it without any sufficient cause. Now suppose I should contract with another that I will do it; am I bound by such a contract? Many say, No, because the matter is unlawful, though but by accident; and the contract cannot make it lawful. I rather think that I am bound in such a case: But yet that my obligation doth not excuse me wholly from sin: It was a sin before I promised it (or Vowed it) to cast away a farthing causelessly. And if I causelessly promised it, I sinned in that promise: But yet there may because for the performance: And if I have entangled myself in a necessity of sinning whether I do it or not, I must choose the lesser sin: for that is then my duty. (Though I should have chosen neither, as long as I could avoid it.) In a great and hurtful sin, I may be obliged rather to break my Covenant, than to commit it, yet it is hard to say so of every accidental evil: My reasons are, 1. Because the Promise or Covenant, is now an accident, to be put into the balance; and may weigh down a lighter accident on the other side: (But I know that the great difficulty is to discern which is indeed the preponderating accident.) 2. I think if a Magistrate command me to do anything which by a small accident is evil (as to spend an hour in vain, to give a penny in vain, to speak a word which (antecedently) was vain) that I must do it; and that then it is not vain, because it manifesteth my obedience. (Otherwise obedience would be greatly straightened:) Therefore my own Contract may make it my duty: because I am able to oblige myself as well as a Magistrate is. 3. Because Covenant-breaking (and Perjury) is really a greater sin, than speaking a vain word: And my error doth not make it no sin; but only entangle me in a necessity of sinning which way soever I take.

§. 26. Quest. 19. If a man make a contract to promote the sin of another for a reward (as a corrupt Judge, or Lawyer, Officer or Clerk to promote injustice; or a▪resetter to help a Thief; or a Bawd or Whore, for the price of fornication,) may he take the reward, when the sin is committed, (suppose it repented of)?

Answ. The offender that promised the reward, hath parted with his title to the money: Therefore you may receive it of him (and ought, except he will rightly dispose of it himself:) But withal to confess the sin, and persuade him also to repent: But you may not take any of that money as your own: (For no man can purchase true propriety by iniquity) But either give it to the party injured (to whom you are bound to make satisfaction), or to the Magistrate or the poor, according as the case particularly requireth.

§. 27. Quest. 20. If I contract, or bargain, or promise to another, between us two, without any legal form or witness, doth it bind me to the performance?

Answ. Yes, in foro conscientiae, supposing the thing lawful: But if the thing be unlawful in foro Dei, and such as the Law of the Land only would lay hold of you about, or force you to, if it had been witnessed, then the Law of the Law of the Land may well be avoided, by the want of legal forms and witnesses.

§. 28. Quest. 21. May I buy an Office for money in a Court of Justice?

Answ. Some Offices you may buy, (where the Law alloweth it, and it tendeth not to injustice): But other Offices you may not; The difference the Lawyers may tell you better than I, and it would be tedious to pursue instances.

§. 29. Quest. 22. May one buy a place of Magistracy, or Judicature for money?

Answ. No • when your own honor or commodity is your end: Because the common good is the end of Government; and to a faithful Governor, it is a place of great labor and suffering, and requireth much self-denial and patience: Therefore they that purchase it as a place of honor, gain or pleasure, either know not what they undertake, or have carnal ends: Else they would rather purchase their liberty and avoid it. But if a King, or Judge, or other Magistrate, see that a bad man (more unfit to Govern) is like to be put in, if he be put by, it is lawful for him to purchase the people's deliverance at a very dear rate; (even by a lawful War which is more than money, when the Sovereigns power is in such danger): But the Heart must be watched, that it pretend not the common good, and intend your own commodity and honor: And the probable consequents must be weighed: And the Laws of the Land must be consulted also: For if they absolutely prohibit the buying of a place of Judicature, they must be obeyed. And ill effects may make it sinful.

§. 30. Quest. 23. May one sell a Church-benefice, or Rectory or Orders?

Answ. If the Benefice be originally of your own gift, it is at first in your power to give part or all; to take some deductions out of it or not: But if it be already given to the Church, and you have but the Patronage or Choice of the Incumbent, it is sacrilege to sell it for any commodity of your own: But whether you may take somewhat out of a greater Benefice, to give to another Church which is poorer, dependeth partly on the Law of the Land, and partly upon the probable consequents. If the Law absolutely forbid it (supposing that unlawful contracts cannot be avoided unless some lawful ones be restrained,) it must be obeyed, for the common good: And if the consequent of a lawful contract, be like to be the more hurtful encouragement of unlawful ones, such examples must be forborne, though the Law were not against them. But to sell Orders is undoubted Simony: (That is, the Office of the Ministry, or the act of Ordination: ) though Scribes may be paid for writing instruments.

§. 31. Quest. 24. May a man give money for Orders or Benefices, when they cannot otherwise be had?

Answ. 1. This is answered in Quest. 22. 1. If the Law absolutely forbid it, for the common safety you may not: 2. If the consequents are like to be more hurt than the benefit will recompense, you may not: 3. If your end be chiefly your own commodity, ease, or honor, you may not. But in case you were clear from all such evils, and the case were only this, Whether you might not give money to get in yourself, to keep out a Heretic, a Wolf, or insufficient man, who might destroy the people's souls, I see not but it might well be done.

§. 32. Quest. 25. May I give money to Officers, Servants, or Assistants for their furtherance?

Answ. For Writings or other servile acts about the circumstantials you may: But not (directly or indirectly) to promote the Simoniacal Contract. What you may not give to the principal agent, you may not give his instruments or others for the same end.

§. 33. Quest. 26. May I give or do anything afterward by way of gratitude, to the Patron, Bishop, or any others, their relations or retainers?

Answ. Not when the expectation of that Gratitude, was a (secret or open) condition of the Presentation or Orders: and you believe that you should not else have received them: Therefore promised Gratitude is but a kind of contracting. Nor may you show Gratitude by any scandalous way, which seemeth Simony. Otherwise, no doubt, but you may be prudently grateful for that or any other kindness.

§. 34. Quest. 27. May not a Bishop or Pastor take money for Sermons, Sacraments, or other Offices?

Answ. Not for the things themselves: He must not sell God's Word or Sacraments, or any other holy thing. But they that serve at the Altar, may live on the Altar, and the Elders that Rule well are worthy of double honor: And the mouth of the Ox that treadeth out the corn, should not be muzzled? They may receive due maintenance while they perform God's service: that they may be vacant to attend their proper work.

§ 35. Quest. 28. May one person disoblige another of a promise made to him?

Answ. Yes, if it be no more than a promise to that person: Because a man may give away his right: But if it be moreover a Vow to God, or you intend to oblige yourself in point of Veracity under the guilt of a lie if you do otherwise, these alter the case, and no person can herein disoblige you?

§. 36. Quest. 29. But what if the Contract be bound by an Oath, may another then release me?

Answ. Yes; if that Oath did only tie you to perform your promise; and were no Vow to God which made him a party, by dedicating anything to him: For then the Oath being but subservient to the promise, he that dischargeth you from the promise, dischargeth you also from the Oath which bound you honestly to keep it.

§. 37. Quest. 30. Am I bound by a promise when the cause or reason of it proveth a mistake?

Answ. If by the Cause you mean only the extrinsical Reasons which moved you to it, you may be obliged nevertheless for finding your mistake: Only so far as the other was the culpable cause (as is aforesaid) he is bound to satisfy you: But if by the Cause you mean the formal reason, which constituteth the contract, then the mistake may in some cases nullify it: (of which enough before.)

§. 38. Quest. 31. What if a following accident make it more to my hurt, then could be foreseen?

Answ. In some Contracts it is supposed or expressed, that men do undertake to run the hazard: And then they must stand obliged. But in some contracts, it is rationally supposed that the parties intend to be free, if so great an alteration should fall out. But to give instances of both these Cases would be too long a work.

§. 39. Quest. 32. What if something unexpectedly fall out, which maketh it injurious to a third person? I cannot sure be obliged to injure another.

Answ. If the case be the later mentioned in the foregoing answer, you may be thus free: But if it be the former (you being supposed to run the hazard, and secure the other party against all others) then either you were indeed authorized to make this bargain, or not: If not, the third person may secure his right against the other: But if you were, then you must make satisfaction as you can to the third person. Ye • , if you made a Covenant without authority, you are obliged to save the other harmless, unless he knew your power to: be doubtful, and did resolve to run the hazard.

§. 40. Quest. 33. What if somewhat fall out which maketh the performance to be a sin?

Answ. You must not do it: But you must make the other satisfaction for all the loss which you were the cause of unless he undertook to stand to the hazard of this also, (explicitly or implicitly).

§. 41. Quest. 34. Am I obliged if the other break Covenant with me?

Answ. There are Covenants which make Relations (as between Husband and Wife, Pastor and Flock, Rulers and Subjects); and Covenants which convey title to commodities, of which only I am here to speak. And in these there are some Conditions which are essential to the Covenant: If the other first break these conditions, you are disobliged. But there are other conditions which are not essential, but only necessary to some following benefit: whose non-performance will only forfeit that particular benefit: And there are conditions which are only undertaken subsequent duties, trusted on the honesty of the performer: And in these a failing doth not disoblige you. These latter are but improperly called Conditions.

§. 42. Quest. 35. May I contract to perform a thing which I foresee is like to become impossible or sinful, before the time of performance come, though it be not so at present.

Answ. With all persons you must deal truly; and with just contractors, openly: But with Thieves, and Murderers, and Persecutors, you are not always bound to deal openly. This being premised, either your Covenant is absolutely, This I will do, be it lawful or not, possible or impossible: And such a Covenant is sin and folly: Or it is Conditional, This I will do, if it continue lawful, or possible: This condition (or rather Exception) is still implied where it is not expressed, unless the contrary be expressed: Therefore such a Covenant is lawful with a Robber with whom you are not bound to deal openly: Because it is but the concealing from him the event which you foresee. As e. g. you have intelligence that a Ship is lost at Sea, or is like to be shortly taken by Pirates, which the Robber expecteth shortly to come safe into the harbor: You may promise him to deliver up yourself his prisoner, when that Ship cometh home. Or you know a person to be mortally sick, and will die before the next Week: you may oblige yourself to marry or serve that person two months hence: For it is implied, If he or she be then alive. But with equal Contractors, this is unlawful, with whom you are obliged not only to Verity, but to Justice; as in the following cases will be further manifested.

Tit. 3. Special Cases about Justice in Buying and Selling.

§. 1. Qu. 1. AM I bound to endeavor that he whom I deal with, may be a gainer by the bargain as well as I?

Answ. Yes, It you be equally in want; or in the like condition: But if he be very poor, and you be rich, Charity must be so mixed with Justice, that you must endeavor that it be more to his commodity than yours (if he be indeed one that you owe Charity to.) And if you be poor, and he be rich, you may be willing to be the only gainer yourself, so be it you covet not another's, nor desire that he be wronged: For when he hath power to deal charitably, you may be willing of his charity or kindness.

§. 2. Quest. 2. May I desire, or take more than my labor or goods are worth, if I can get it?

Answ. 1. Not by deceit, persuading another that they are worth more than they are. 2. Not by extortion working upon men's ignorance, error or necessity (of which more anon). 3. Not of any one that is poorer than yourself, or of any one that intendeth but an equal bargain. 4. But if you deal with the rich, who in generosity or liberality stick not at a small matter, and are willing another should be a gainer by them, and understand what they do, it is lawful to take as much as they will give you.

§. 3. Quest. 3. May I ask in the Market more than my goods are truly worth?

Answ. In the case last mentioned you may; when you are selling to the Rich who are willing to show their generosity, and to make you gainers: But then the honest way is to say, It is worth but so much; but if you will give so much more because I need it, I will take it thankfully. Some think also where the common custom is to ask more than the worth, and people will not buy unless you come down from your first demand, that then you may lawfully ask more, because else there is no trading with such people. My judgment in this case is this, 1. That ordinarily it is better to ask no more at all than a just gain: And that the inconveniences of doing otherwise are greater than any on the other side: For he that heareth you ask unjustly, may well think that you would take unjustly if you could get it, and consequently that you are unjust. 2. But this just gain lieth not always just in an indivisible quantity, or determinate price. A man that hath a family to maintain by his trade, may lawfully take a proportionable moderate gain: Though if he take less he may get something too: To be always just at a word, is not convenient: For he that may lawfully get two or three shillings or more in the pound of the rich, may see cause to let a poorer person have it for less: But never ask above what its reasonable to take. 3. And if you once peremptorily say, I will take no less, then it is not fit to go from your word. 4. And if you do meet with such fools or proud Gallants, who will not deal with you unless you ask dear, it is just that when they have given you more than it is worth, you tell them so, and offer them the overplus again. And for them that expect that you abate much of your asking, it is an inconvenience to be born, which will be ever to your advantage when you are once better known.

§. 4. Quest. 4. How shall the worth of a commodity be judged of?

Answ. 1. When the Law setteth a rate upon anything (as on bread and drink with us) it must be observed. 2. If you go to the Market, the Market-price is much to be observed. 3. If it be in an equal contract, with one that is not in want, you may estimate your goods as they cost you, or are worth to you, though it be above the common price; seeing the buyer is free to take or leave them. 4. But if that which you have to sell, be extraordinary desirable, or worth to someone person, more than to you or another man, you must not make too great an advantage of his convenience or desire; but be glad that you can pleasure him, upon equal, fair and honest terms. 5. If there be a secret worth in your commodity which the Market will take no notice of (as it is usual in a Horse), it is lawful for you to take according to that true worth, if you can get it. But it is a false Rule of them, that think their commodity is worth as much as any one will give.

§. 5. Quest. 5. Is it lawful to make a thing seem better than it is, by trimming, adorning or setting the best side outward or in sight; or to conceal the faults of what I am to sell.

Answ. It is lawful to dress, polish, adorn or set out your commodity, to make it seem as it is indeed, but not to make it seem better than it is; except in some very few unusual cases: As if you deal with some phantastical fool, who will not buy it, nor give you the true worth except it be so set out, and made in some respects to seem better than it is. It is lawful so far to serve their curiosity or humor, as to get the worth of your commodity. But if you do it to get more than the worth by deceiving, it is a sin. And such glossing hath so notable an appearance of deceit, that for that scandal it should be avoided.

2. And as for concealing the fault the case is the same: You ought not to deceive your neighbor, but to do as you would be done by: And therefore must not conceal any fault which he desireth, or is concerned to know: Except it be when you deal with one who maketh a far greater matter of that fault than there is cause, and would wrong you in the price if it were known: Yea, and that exception will not hold neither, except in a case when you must needs sell, and they must buy it: Because 1. You may not have another man's money against his will, though it be no more than the thing is worth. 2. Because it will be scandalous when the fault is known by him that buyeth it.

§. 6. Quest. 6. What if the fault was concealed from me when I bought it, or if I was deceived or over-reached by him that sold it me, and gave more than the worth, may I not repair my loss by doing as I was done by?

Answ. No: no more than you may cut another's purse, because yours was cut: You must do as you would be done by, and not as you are done by. What you may do with the same man that deceived you, is a harder question: But doubtless you may not wrong an honest man, because you were wronged by a knave.

§. 7. Object. But it is taken for granted in the Market, that every man will get as much as he can have, and that Caveat emptor is the only security; and therefore every man trusteth to his own wit, and not to the sellers honesty, and so resolveth to run the hazard.

Answ. It is not so among Christians, nor Infidels who profess either truth or common honesty. If you come among a company of Cut-purses, where the match is made, Look thou to thy purse and I will look to mine, and he that can get most let him take it? then indeed you have no reason to trust another: But there are no Tradesmen or Buyers who will profess that they look not to be trusted, or will say, I will lie and deceive you if I can. Among Thieves and Pirates such total distrust may be allowed: But among sober persons in Civil Societies and Converse, we must in reason and charity expect some truth and honesty, and not presume them to be all liars and deceivers, that we may seem to have allowance to be such ourselves. Indeed we trust them, not absolutely as Saints, but with a mixture of distrust, as fallible and faulty men: And so as to trust our own circumspection above their words when we know not the persons to be very just. But we have no cause to make a Market a place of mere deceit, where everyone saith, Trust not me, and I will not trust thee; but let us all take one another for cheaters and liars, and get what we can? Such censures favor not of Charity, or of Just intentions.

§. 8. Quest. 7. What if I foresee a plenty and cheapness in a time of dearth, which the buyer foreseeth not, (as if I know that there are Ships coming in with store of that commodity, which will make it cheap) am I bound to tell the buyer of it, and hinder my own gain?

Answ. There may be some instances in trading with enemies, or with Rich men, that regard not such matters, or with men that are supposed to know it as well as you, in which you are not bound to tell them. But in your ordinary equal trading, when you have reason to think that the buyer knoweth it not, and would not give so dear if he knew it, you are bound to tell him: Because you must love your neighbor as yourself, and do as you would be done by, and not take advantage of his ignorance.

§. 9. Quest. 8. If I foresee a dearth, may I not keep my commodity till then?

Answ. Yes; unless it be to the hurt of the Common-wealth, as if your keeping it in, be the cause of the dearth; and your bringing it forth would help to prevent it.

§. 10. Quest. 9. May one use many words in buying and selling?

Answ. You must use no more than are true, and just, and useful: but there are more words needful with some persons who are talkative and unsatisfied, than with others.

§. 11. Quest. 10. May I buy as cheap as I can get it, or give less than the thing is worth?

Answ. If it be worth more to you than the Market price (through your necessity) you are not bound to give above the market price: If it be worth less to you than the market price, you are not bound to give more than it is worth to you, as suited to your use: But you must not desire nor seek to get another's goods or labor for less than it is worth in both these respects (in common estimate, and to you).

§. 12. Quest. 11. May I take advantage of another's Necessity to buy for less than the worth, or sell for more: As e. g. a poor man must needs have money suddenly for his goods though he sell them but for half the worth: and I have no need of them: Am I bound to give him the worth when I have no need? and when it is a great kindness to him to give him anything in that straight? So also when I have no desire to sell my Horse, and another's necessity maketh him willing to give more than he is worth, may I not take it?

Answ. To the first case: You must distinguish between an act of Justice and of Charity: and between your need of the thing, and the worth of it to you. Though you have no need of the poor man's goods, yet if you buy them, both Justice and Charity require that you give him as much as they are worth to you, though not so much as they are worth in the market: yea, and that you buy them of him in his necessity: For if you give him but what they are worth to you, you are no loser by it: And you should do another good, when it is not to your own hurt or loss. By (what they are worth to you) I mean, so much as that you • e no loser. As if it be meat or drink, though you have no present need, perhaps you will shortly have need, and if you buy not that, you must buy as much of somewhat else. In strict Justice you may be a saver, but not a gainer, by buying of the poor in their necessity. 2. But if you buy a durable commodity, for less than it is worth, you should take it but as a pledge, and allow the seller liberty to redeem it, if he can, that he may get more after of another. 3. And to the poor in such necessity, Charity must be exercised as well as Justice. Therefore if you are able to lend them money to save them the loss of underselling, you should do it: (I account that man only able who hath money which no greater service of God requireth). And if you are not able yourself, you should endeavor to get some others to relieve him, if you can without a greater inconvenience.

And for the second case, it is answered before: You may not take more than it is worth, ever the more for another's necessity; nor in any other case than you might have done it in, if there had been no such necessity of his.

§. 13. Quest. 12. May I not make advantage of another's ignorance or error in bargaining?

Answ. Not to get more than your commodity is worth, nor to get his goods for less than the worth: no nor to get the true worth against his will, or with scandal: But if it be only to get a true worth of your commodity when he is willing, but would be offended if his ignorance in some point were cured, you may so far make use of his ignorance to a lawful end, as is said before in the case of concealing faults.

§. 14. Quest. 13. May I strive to get before another, to get a good bargain which he desireth?

Answ. Yes, if you do it not out of a greedy mind, nor to the injury of one that is poorer than yourself: You should rather further the supply of your neighbors greater needs: Otherwise speed and industry in your Calling is no fault, nor yet the crossing of a covetous man's desires: You are not bound to let every man have what he would have?

§. 15. Quest. 14. May I buy a thing out of another's hand, or hire a servant, which another is about, or is treating with? Or may I call a Chapman from another to buy of me?

Answ. There are some cases in which you may not do it, and some in which you may. You may not do it out of greedy covetousness; nor to the injury of the poor: nor when the other hath gone so far in the bargain that it cannot be honestly broken: For then you injure the third person, and tempt the other to a sin: nor may you do it so as to disturb that due and Civil order, which should be among moderate men in trading. And it is a great matter how the thing is accounted of by the custom of the Country or Market where you bargain: For where it is of ill report, and accounted as unjust, the scandal should make you avoid such a course. But yet in some cases it is lawful, and in some a needful duty. It is lawful when none of the foresaid reasons (or any such other) are against it: It is a duty when Charity to the poor or oppressed doth require it. As e. g. a poor man must needs sell his Land, his Horse, his Corn or Goods: A Covetous oppressor offereth him less than it is worth. The poor man must take his offer if he can get no more: The oppressor saith that it is injustice for any one to take his bargain out of his hand, or offer money till he have done: In this case it may be a duty, to offer the poor man the worth of his commodity, and save him from the oppressor. A covetous man offereth a Servant or Labourer less than their service or labor is worth; and will accuse you, if you interrupt his bargain and would offer his Servant more: In this case it may be your duty to help the servant to a better Master. A Chapman is ready to be cheated by an unconscionable Tradesman, to give much more for a commodity than its worth: Charity may oblige you in such a case to offer it him cheaper. In a word, if you do it for your own gain, in a greedy manner, it is a sin: But if you do it when it is not scandalous or injurious, or do it in charity for another's good, it is lawful, and sometime a duty.

§. 16. Quest. 15. May I dispraise another's commodity, to draw the buyer to my own?

Answ. This case is sufficiently answered in the former: 1. You may not use any false dispraise: 2. Nor a true one out of Covetousness, nor in a scandalous manner. 3. But you may help to save another from a Cheater, by opening the deceit in charity to him.

§. 17. Quest. 16. What should I do in doubtful cases, where I am uncertain whether the thing be just or not?

Answ. Causeless perplexing melancholy scruples, which would stop a man in the course of his duty, are not to be indulged: But in rational doubts, first use your utmost diligence, (as much as the nature of the cause requireth) to be resolved: and if yet you doubt, be sure to go the safer way, and to avoid sin rather than loss; and to keep your consciences in peace.

§. 18. Quest. 17. If the buyer lose the commodity between the bargain and the payment (as if he buy your Horse, and he die before payment or presently after) what should the seller do to his relief?

Answ. If it were by the sellers fault, or by any fault in the Horse which he concealed, he isto make the buyer full satisfaction. If it were casually only, rigorous Justice will allow him nothing: And therefore if it be either to a man that is Rich enough to bear it without any great sense of the loss, or in a case where in common custom the buyer always standeth to the loss, mere justice will make him no amends. But if it be where custom maketh some abatement judged a duty, or where the person is so poor as to be pinched by the loss, that common humanity, which all good men use in bargaining, which tempereth Justice with Charity, will teach men to bear their part of the loss; because they must do as they would be done by.

§. 19. Quest. 18. If the thing bought and sold prove afterward of much more worth than was by either party understood (as in buying of Amber-chryse, and Jewels, it oft falleth out) is the buyer bound to give the seller more than was bargained for?

Answ. Yes, if it was the sellers mere ignorance and insufficiency in that business, which caused him so to undersell it: (As if an ignorant Country-man sell a Jewel or Amber-chryse, who knoweth not what it is, a moderate satisfaction should be made him). But if it was the sellers trade, in which he is to be supposed sufficient, and if it be taken for granted before hand, that both buyer and seller will stand to the bargain what ever it prove, and that the seller would have abated nothing if it had proved less worth than the price, then the buyer may enjoy his gain: Much more if he run any notable hazard for it, as Merchants use to do.

§. 20. Quest. 19. What if the title of the thing sold prove bad, which was before unknown?

Answ. If the seller either knew it was bad, or through his notable negligence was ignorant of it, or did not fully acquaint the buyer with so much of the uncertainty and danger as he knew; or if it was any way his fault that the buyer was deceived, and not the buyers fault, he is bound to make him proportionable satisfaction. As also in case that by Law or bargain he be bound to warrant the title to the buyer. But not in case that it be their explicit or implicit agreement that the buyer stand to the hazard, and the seller hath done his duty to make him know whats doubtful.

§. 21. Quest. 20. What if a change of Powers or Laws do overthrow the title, almost as soon as it is sold (as it oft falls out about Offices and Lands;) who must bear the loss?

Answ. The case is near the same with that in Quest. 17. It is supposed that the seller should have lost it himself if he had kept it but a little longer; And that neither of them foresaw the change: And therefore that the seller hath all his money, rather for his good hap, than for his Lands or Office, (which the buyer hath not.) Therefore except it be to a rich man that feeleth not the loss, or one that expressly undertook to stand to all hazards, foreseeing a possibility of them; Charity and humanity, will teach the seller to divide the loss.

§. 22. The same is the case of London now consumed by fire: where thousands of suits are like to rise between the Landlords and the Tenants. Where the providence of God (permitting the burning zeal of some Papists,) hath deprived men of the houses which they had hired or taken leases of, humanity and charity requireth the Rich to bear most of the loss, and not to exact their Rents, or Re-building from the poor, what ever the Law saith, which could not be supposed to foresee such accidents. Love your neighbors as yourselves: Do as you would be done by; and Oppress not your poor brethren; and then by these three Rules you will yourselves decide a multitude of such doubts and difficulties, which the uncharitable only cannot understand.

Tit. 4. Cases of Conscience about Lending and Borrowing.

§. 1. Quest. 1. MAy a poor man borrow money, who knoweth that he is unable▪ to repay it, and hath no rational proof that he is very likely to be able hereafter?

Answ. No: unless it be when he telleth the lender truly of his case, and he is willing to run the hazard: Else it is mere thievery covered with the cheat of borrowing: For the borrower desireth that of another, which he would not lend him, if he expected it not again: And to take a man's money or goods against his will, is robbery.

Object. But I am in great necessity.

Answ. Begging in necessity is lawful: but stealing or cheating is not, though you call it borrowing.

Object. But it is a shame to beg.

Answ. The sin of thievish borrowing is worse than shame.

Object. But none will give me, if I beg.

Answ. If they will give but to save your life at the present, you must take it, though they give you not what you would have: The poorest beggars life is better than the thiefs.

Object. But I hope God may enable me to pay hereafter.

Answ. If you have no rational way to manifest the soundness of that hope to another, it is but to pretend faith and hope for thievery and deceit.

Object. God hath promised, that those that fear him shall want no good thing? and therefore I hope I may be able to repay it.

Answ. If you want not, Why do you borrow? If you have enough to keep you alive by begging, God maketh good all his promises to you: Yea, or if you die by famine. For he only promiseth you that which is best; which for ought you know may be beggary or death. God breaketh not promise with his servants who die in common famine, no more than with them that die in Plagues or Wars. Make not God the Patron of sin. Yea, and your faith a pretence for your distrust. If you trust God, use no sinful means: If you trust him not, this pleading of his promise is hypocrisy.

§. 2. Quest. 2. May a Tradesman drive a Trade with borrowed money, when his success and so his repayment is utterly an uncertain thing?

Answ. There are some Trades where the gain is so exceeding probable, next to certain, as may warrant the borrowing of money to manage them, when there is no rational probability of failing in the payment. And there are some Tradesmen, who have estates of their own, sufficient to repay all the money which they borrow. But otherwise when the money is rationally hazardous, the borrower is bound in conscience to acquaint the lender fully with the hazard, that he may not have it against his will. Otherwise he liveth in constant deceit or thievery! And if he do happen to repay it, it excuseth not his sin.

§. 3. Quest. 3. If a borrower be utterly unable to pay, and so break while he hath something, may be not retain somewhat for his food or raiment.

Answ. No: unless it be in order to set up again in hope to repay his debts: For all that he hath being other men's, he may not take so much as bread to his mouth, out of that which is theirs, without their consent.

§. 4. Quest. 4 But if a man have bound himself to his Wives friends upon marriage to settle so much upon her or her children, and this obligation was antecedent to his debts, may he not secure that to his Wife and Children, without any injury to his Creditors?

Answ. The Law of the Land must much decide this controversy: If the propriety be actually before transferred to Wife or Children, it is theirs, and cannot be taken from them: But if it were done after by a deed of gift to defraud the Creditors, than that deed of gift is invalid, till debts be paid. If it be but an Obligation and no collation of propriety, the Law must determine who is to be first paid: and whether the Wife be supposed to run the hazard of gaining or losing with the Husband: And though the Laws of several Countries herein differ, and some give the Wife more propriety than others do, yet must they in each place be conscientiously observed, as being the Rule of such propriety. But we must see that there be no fraudulent intent in the transaction.

§. 5. Quest. 5. May not a broken Tradesman retain somewhat to set up again, if his creditors be willing to compound for a certain part of the debt?

Answ. If he truly acquaint them with his whole estate, and they voluntarily allow him part to himself, either in charity, or in hope hereafter to be satisfied, this is no unlawful course: But if he hide part from them, and make them believe that the rest is all, this is but a thievish procurement of their composition or consent.

§. 6. Quest. 6. May a borrower lawfully break his day, of promised payment, in case of necessity?

Answ. True necessity hath no Law: that is, a man is not bound to do things naturally impossible: But if he might have foreseen that necessity, or the doubtfulness of his payment at the day, it was his sin to promise it, unless he put in some limitation [If I be able,] and acquainted the lender with the uncertainty. However it be, when the time is come, he ought to go to his Creditor, and tell him of his necessity, and desire further time, and endeavor to pay it as soon as he is able: and if he be not able, to make him what satisfaction he can, by his labor, or any other lawful way.

§. 7. Quest. 7. May I borrow of one to pay another, to keep my day with the first?

Answ. Yes, if you deal not fraudulently with the second, but are able to pay him, or acquaint him truly with your case.

§. 8. Quest. 8. Suppose that I have no probability of paying the last creditor, may I borrow of one to pay another, and so live upon borrowing; or must I rather continue in one man's debt?

Answ. If you truly acquaint your Creditors with your state, you may do as is most to your convenience. If the first Creditor be able and willing rather to trust you longer, than that you should borrow of another to pay him, you may continue his debtor, till you can pay him without borrowing: But if he be either poor or unwilling to bear with you, and another that is able be willing to venture, you may better borrow of another to pay him. But if they be all equally unwilling to stand to any hazard by you, then you must rather continue in the first man's debt, because if you wrong another you will commit another sin: Nay, you cannot borrow in such a case, because it is supposed that the other will not lend, when he knoweth your case. And you must not at all conceal it from him.

Object. But it may be my ruin to open my full state to another.

Answ. You must not live upon cheating and thievery to prevent your ruin? And what can it be less to get another man's money against his will. And it is against his will, if you hide your case, which if he knew he would not lend it to you.

Object. But what if I tell him plainly, that I will pay him certainly by borrowing of another, though I cannot pay him of mine own, and though I be not like to pay the last.

Answ. If you truly thus open your case to everyone that you borrow of, you may take it, if they will lend it: For then you have their consent: And it is supposed, that everyone is willing to run the hazard of being the last Creditor.

§. 9 Quest. 9. May I lend upon Pledges, Pawns or Morgages for my security?

Answ. Yes, so you take not that from a poor man for a pledge, which is necessary to his livelihood and maintenance: As the bed which he should lie on, the clothes which he should wear, or the tools which he should work with; and be not cruel on pretence of mercy.

§. 10. Quest. 10. May I take the forfeiture and keep a pledge or Morgage upon Covenants?

Answ. If it be among Merchants and rich men, an act of Merchandize, and not of mere security for money lent, then it is another case: As if they make a bargain thus, [Take this Jewel or this Land for your money; and it shall be yours if I pay you not by such a day: I am willing to stand to the hazard of uncertainty: If I pay you not, suppose it is for my own commodity, and not through disability]: In this case it is lawful to take the forfeiture, or detain the thing. But if it be properly but a pledge to secure the money, then the final intent is but that your money may be repaid: And you may not take the advantage of breaking a day, to take that from another which is none of your own. Justice will allow you only to take so much as your money came to, and to give the overplus (if there be any) to the debtor. And mercy will require you rather to forgive the debt, than to keep a pledge which he cannot spare, but to his ruin and misery (as his food, his raiment, his tools, his house, &c. ) Unless you be in as great necessity as he.

§. 11. Quest. 11. May I take the Bond or promise of a third person as security for my money?

Answ. Yes: in case that other be able and willing to be responsible: For you have his own consent: But great caution should be used; that you take no man that is insufficient, from whom mercy forbiddeth you to take it in case the principal debtor fail; unless you take his suretyship but