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. _Quest._ V. 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 profits 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 idiot, or one in deliration or distraction. _Quest._ VI. 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. _Quest._ VII. 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?