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. 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 be cause for the performance: And if I have entangled my self 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 any thing 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 straitened:) Therefore my own Contract may make it my duty: because I am able to oblige my self 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.

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 causelesly. And if I causelesly promised it, I sinned in that promise: But yet there may be cause for the performance: And if I have entangled my self 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 ballance; 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 any thing 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 straightned:) Therefore my own Contract may make it my duty: because I am able to oblige my self 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.

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Answ. No• when your own honour 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 labour and suffering, and requireth much self-denial and patience: Therefore they that purchase it as a place of honour, 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 peoples deliverance at a very dear rate; (even by a lawful War which is more than money, when the Sovereigns ⟨p. 119⟩power is in such danger): But the Heart must be watched, that it pretend not the common¹ good, and intend your own commodity and honour: 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.

Answ. No• when your own honour or commodity is your end: Because the common good is the end of Government; and to a faithful Governour, it is a place of great labour and suffering, and requireth much self-denyal and patience: Therefore they that purchase it as a place of honour, 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 peoples deliverance at a very dear rate; (even by a lawful War which is more than money, when the Soveraigns ⟨p. 119⟩power is in such danger): But the Heart must be watcht, that it pretend not the common¹ good, and intend your own commodity and honour: And the probable consequents must be weighed: And the Laws of the Land must be consulted also: For if they absolutely prohibite the buying of a place of Judicature, they must be obeyed. And ill effects may make it sinful.

1Whether the consequent good or hurt is like to be greater, must be well considered.

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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 have¹ 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.

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 have¹ but the Patronage or Choice of the Incumbent, it is sacriledge 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 forborn, 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.

1Quest. 23.