A Christian Directory, Part 4: Christian PoliticsBaxter, Richard
Religion
A Christian Directory, Part 4: Christian Politics
Baxter, Richard
Casuistry; Christian sociology
_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 _a 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, vows, and perjury). I 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.
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.
_Quest._ XII. But may I promise the thief or bribe-taker to
conceal his fault? And am I obliged to the performance of such a
promise?
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