Part 4 › Chapter 19 › Section 2: Tit. 2. Cases of Conscience about Justice in Contracts., A Christian Directory by Richard Baxter (1673) | AskReformation

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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 lye. 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 lye to make such a promise with an intent of not-performing it, or that it is not a lye 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, Vows 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 lye against it, which you foresaw not when you made the promise. But the offender is undoubtedly obliged not to take the money.

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 Iustice 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 lye. 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 lye to make such a promise with an intent of not-performing it, or that it is not a lye to make it with an intent of performing it, and not to do it when you may. Though here a Jesuite 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 lye against it, which you foresaw not when you made the promise. But the offender is undoubtedly obliged not to take the money.

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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 offence.

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 alwayes 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 offence.

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§. 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 dye, he will neither do that nor any other. But this case is not so easily determined: If Daniel dye, he can neither pray nor do any other good on earth. And if he live he may do much other good, though he never pray: And yet he might not 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 indispensable 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 our selves, 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 mens 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.

§. 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 whilest he liveth, doth yet reserve his life, for all other good works: whereas if he dye, he will neither do that nor any other. But this case is not so easily determined: If Daniel dye, he can neither pray nor do any other good on earth. And if he live he may do much other good, though he never pray: And yet he might not 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 our selves, 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 mens 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 Governour: 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.