_Answ._ Yes, in case that contracting determine an uncertain case without sufficient cause: as if you agree, that whether the borrower gain or lose, and be poor or rich, I will have so much gain; that is, whether it prove merciful or unmerciful, I will have it. But then in that case, if it so prove unmerciful, it may not be taken without contracting, if freely offered. No contract may tie the debtor to that which is against justice or charity; and no contract may absolutely require that which may prove uncharitable; unless there be a tacit condition or exception of such a case implied. Otherwise I see no scripture or reason, why a contract altereth the case, and may not be used to secure that increase which is neither unrighteous nor unmerciful: it may be the bond of equity, but not of iniquity. As in case of a certain gain by the borrower, a certain use may be contracted for; and in case of uncertain gain to the borrower, a conditional contract may be made. Yea, in case of merchandise, where men's poverty forbiddeth not such bargains, I see not but it is lawful to sell a greater uncertain gain, for a smaller certain gain; and so to make the contracts absolute (as Amesius Cas. Consc. on this question showeth). As all oppression and unmercifulness must be avoided, and all men must do as they would (judiciously) be done by; so it is a bad thing to corrupt religion, and fill the world with causeless scruples, by making that a sin which is no sin. Divines that live in great cities and among merchandise, are usually fitter judges in this case, than those that live more obscurely (without experience) in the country. _Tit. 5. Cases of Conscience about Lusory Contracts._ _Quest._ 1. Is it lawful to lay wagers upon the credit or confidence of one another's opinions or assertions in discourse? As e. g. I will lay you so much that I am in the right? _Answ._ Yes, if these three things concur: 1. That the true end of the wager is, to be a penalty to him that shall be guilty of a rash and false assertion, and not to gratify the covetousness of the other. 2. That it be no greater a sum than can be demanded and paid, without breach of charity, or too much hurt to the loser (as above the proportion of his error). 3. That it be no other but what both parties are truly willing to stand to the loss of, if either of them lose, and that beforehand they truly seem so willing to each other. _Quest._ II. Is it lawful to lay wagers upon horseraces, dogs, hawks, bear-baitings, or such games as depend upon the activity of beast or man? _Answ._ Yes, upon the two last expressed conditions; and, 3. That it be not an exercise which is itself unlawful, by cruelty to beasts, or hazard to the lives of men, (as in fencing, running, wrestling, &c. it may fall out if it be not cautelously done,) or by the expense of an undue proportion of time in them, which is the common malignity of such recreations.