A Christian Directory, Part 4: Christian Politics

In all this I imply that as you must prefer the lives of others in giving alms, before your own conveniences and comforts, and must not say, I cannot spare it, when your necessity may spare it, though not your pleasure; so also in taking use of those that you are bound to show charity to, the same rule and proportions must be observed in your charity.

Note also, that in all this it appeareth, that the case is but gradually different, between taking the use and taking the principal. For when the reason for remitting is the same, you are as well bound to remit the principal as the use.

But this difference there is, that many a man of low estate may afford to lend freely to a poorer man for a little time, who cannot afford to give it. And prudence may direct us to choose one man to lend freely to for a time, because of his sudden necessity, when yet another is fitter to give it to.

Quest. XIII. Is lending a duty? If so, must I lend to all that ask me, or to whom?

Answ. Lending is a duty, when we have it, and our brother's necessity requireth it, and true prudence telleth us, that we have no better way to lay it out, which is inconsistent with that. And therefore rich men ordinarily should both lend and give as prudence shall direct. But there is an imprudent and so a sinful lending: as, 1. When you will lend that which is another's, and you have no power to lend. 2. When you lend that which you must needs require again, while you might easily foresee that the borrower is not like to pay. Lend nothing but what you have either great probability will be repaid, or else which you are willing to give in case the debtor cannot or will not pay; or at least when suing for it will not have scandalous and worse effects than not lending. For it is very ordinary when you come to demand it and sue for it, to stir up the hatred of the debtor against you, and to make him your enemy, and to break his charity by your imprudent charity; in such a case, if you are obliged to relieve him, give him so much as you can spare, rather than lend him that which you cannot spare, but must sue for. In such cases, if charity go not without prudence, nor prudence without charity, you may well enough see when to lend, and how much.

Quest. XIV. Is it lawful to take upon usury in necessity, when the creditor doth unjustly or unmercifully require it?

Answ. Not in case that the consequents (by encouraging sin or otherwise) be like to do more hurt, than the money will do you good. Else, it is lawful when it is for your benefit; as it is lawful to take part of your wages for your work, or part of the worth of your commodity, when you cannot have the whole; and as it is lawful to purchase your rights of an enemy, or your life of a thief; as is aforesaid. A man may buy his own benefit of an unrighteous man.

Quest. XV. Doth not contracting for a certain sum of gain, make usury to be in that case unlawful, which might lawfully be taken of one that is free?

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.

Quest. III. May I lawfully give money to see such sports, as bear-baitings, stage-plays, masks, shows, puppet-plays, activities of man or beast? &c.

Answ. There are many shows that are desirable and laudable, (as of strange creatures, monsters, rare engines, activities, &c.) the sight of which it is lawful to purchase, at a proportionable price; as a prospect through one of Galileo's tubes or such another, is worth much money to a studious person. But when the exercise is unlawful, (as all stage-plays are that ever I saw, or had just information of; yea, odiously evil; however it is very possible that a comedy or tragedy might with abundance of cautions be lawfully acted,) it is then (usually) unlawful to be a spectator either for money or on free cost. I say, (usually,) because it is possible that some one that is necessitated to be there, or that goeth to find out their evil to suppress them, or that is once only induced to know the truth of them, may do it innocently; but so do not they, who are present voluntarily and approvingly. 3. And if the recreation be lawful in itself, yet when vain persons go thither to feed a carnal fancy and vicious humour, which delighteth more in vanity, than they delight in piety, and when it wasteth their time and corrupteth their minds, and alienateth them from good, or hindereth duty, it is to them unlawful.

Quest. IV. Is it lawful to play at cards or dice for money, or at any lottery?158

Answ. The greatest doubt is, whether the games be lawful, many learned divines being for the negative, and many for the affirmative; and those that are for the affirmative lay down so many necessaries or conditions to prove them lawful, as I scarce ever yet saw meet together; but if they be proved at all lawful, the case of wagers is resolved as the next.

Quest. V. May I play at bowls, run, shoot, &c. or use such personal activities for money?

Answ. Yes, 1. If you make not the game itself bad, by any accident. 2. If your wager be laid for sport, and not for covetousness (striving who shall get another's money, and give them nothing for it). 3. And if no more be laid than is suitable to the sport, and the loser doth well and willingly pay.

Quest. VI. If the loser who said he was willing, prove angry and unwilling when it cometh to the paying, may I take it, or get it by law against his will?

Answ. No, not in ordinary cases: because you may not turn a sport to covetousness, or breach of charity; but in case that it be a sport that hath cost you any thing, you may in justice take your charges, when prudence forbids it not.

Tit. 6. Cases of Conscience about Losing and Finding

Quest. I. If I find money or any thing lost, am I bound to seek out the owner, if he seek not after me? and how far am I bound to seek him?

Answ. You are bound to use such reasonable means, as the nature of the case requireth, that the true owner may have his own again. He that dare keep another man's money, because he findeth it, it is like would steal, if he could do it as secretly. Finding gives you no propriety, if the owner can be found: do as you would be done by, and you may satisfy your conscience. If nearer inquiry will not serve, you are bound to get it cried in the market, or proclaimed in the church, or mentioned in the Curranto's that carry weekly news, or any probable way, which putteth you not upon unreasonable cost or labour.

Quest. II. May I take any thing for the finding of it, as my due?

Answ. You may demand so much as shall pay for any labour or cost which you have been at about it, or finding out the owner. But no more as your due; though a moderate gratuity may be accepted, if he freely give it.

Quest. III. May I desire to find money or any thing else in my way? or may I be glad when I have found it?

Answ. You should first be unwilling that your neighbour should lose it, and be sorry that he hath lost it; but supposing that it be lost, you may moderately desire that you may find it rather than another; not with a covetous desire of the gain; but that you may faithfully gratify the owner in restoring it, or if he cannot be found may dispose of it as you ought. And you should be more sorry that it is lost, than glad that you find it, except for the owner.

Quest. IV. If no owner can be found, may I not take it and use it as mine own?

Answ. The laws of the land do usually regulate claims of propriety in such matters. Where the law giveth it to the lord of the manor, it is his, and you must give it him. Where it giveth it to no other, it is his that findeth it; and occupancy will give him propriety. But so as it behoveth him to judge, if he be poor, that God's providence ordered it for his own supply; but if he be rich, that God sent it him but as to his steward, to give it to the poor.

Quest. V. If many be present when I find it, may I not wholly retain it to myself; or may I not conceal it from them if I can?

Answ. If the law overrule the case, it must be obeyed; but if it do not, you may, if you can, conceal it, and thereby become the only finder, and take it as your own, if the owner be not found: but if you cannot conceal it at the time of finding, they that see it with you, are partly the finders as well as you; though perhaps the largest share be due to the occupant.

Quest. VI. If I trust my neighbour or servant with money or goods, or if another trust me, who must stand to the loss if they be lost?

Answ. Here also the law of the land as regulating proprieties must be very much regarded; and especially the true meaning of the parties must be understood: if it was antecedently the expressed or implied meaning that one party in such or such a case should bear the loss, it must in strict justice be according to the true meaning of the parties. Therefore if a carrier that undertaketh to secure it, loseth it, he loseth it to himself. Or if one that it is lent to on that condition (explicit or implicit) lose it, it is to himself. But if a friend to whom you are beholden for the carriage, lose it, who undertook no more than to bestow his labour, the loss must be yours; yea, though it was his negligence or drunkenness that was the fault; for you took him and trusted him as he is. But if a servant, or one obliged to do it by hire, do without any other agreement, only undertake to serve you in it, and loseth it, the law or custom of the country is instead of a contract; for if the law or custom lay the loss on him, it is supposed that he consented to it in consenting to be your servant; if it lay it on you, it is supposed that you took your servant on such terms of hazard. But if it be left undecided by law and custom, you may make your servant pay only so much as is a proportionable penalty for his fault, but no more, as any satisfaction for your loss; except you agreed with him to repay such losses as were by his default. And when it is considered what strict justice doth require, it must also be considered what charity and mercy do require, that the poor be not oppressed.

Tit. 7. Directions to Merchants, Factors, Chaplains, Travellers, that live among Infidels

Quest. I. Is it lawful to put oneself, or servants, especially young unestablished apprentices, into temptations of an infidel country, (or a popish,) for the getting of riches, as merchants do?159

Answ. This cannot be truly answered without distinguishing, 1. Of the countries they go from. 2. Of the places they go to. 3. Of the quality of the persons that go. 4. Of the causes of their going.

I. Some countries that they go from may be as bad as those that they go to, or in a state of war, when it is better to be absent, or in a time of persecution, or at least of greater temptation than they are like to have abroad. And some are contrarily as a paradise in comparison of those they go to, for holiness and helps to heaven, and for peace and opportunities of serviceableness to God and the public good.

II. Some countries which they may go to, may have as good helps for their souls as at home, if not by those of the religion of the nation, yet by christians that live among them, or by the company which goeth with them; or at least there may be no great temptations to change their religion, or debauch them, either through the civility and moderation of those they live among, or through their sottish ignorance and viciousness, which will rather turn men's hearts against them. But some countries have so strong temptations to corrupt men's understandings through the subtlety of seducers, and some have such allurements to debauch men, and some such cruelties to tempt them to deny the truth, that it is hard among them to retain one's innocency.

III. Some that go abroad are understanding, settled christians, able to make good use of other men's errors, and sins, and ill examples or suggestions, and perhaps to do much good on others; but some are young, and raw, and unexperienced, whose heads are unfurnished of those evidences and reasons by which they should hold fast their own profession against the cunning reasonings of an adversary, and their hearts are unfurnished of that love to truth, and that serious resolution, which is necessary to their safety, and therefore are like to be corrupted.

IV. Some are sent by their princes as agents or ambassadors on employments necessary to the public good; and some are sent by societies on business necessary to the ends of the society; and some go in case of extreme poverty and necessity, having no other way of maintenance at home; and some go in obedience to their parents and masters that command it them; and some go to avoid the miseries of a war, or the danger of a sharp persecution at home, or the greater temptations of a debauched or seducing age, or some great temptations in their families. But some go for fancy, and some for mere covetousness, without need.

By these distinctions the case may be answered by men that are judicious and impartial. As,

I. Affirm. 1. It is lawful for ambassadors to go among infidels, that are sent by princes and states; because the public good must be secured.

2. It is lawful for the agents of lawful societies or trading companies to go (cæteris paribus, the persons being capable); because trade must be promoted, which tendeth to the common good of all countries.

3. It is not only lawful, but one of the best works in the world, for fit persons to go on a design to convert the poor infidels and heathens where they go. Therefore the preachers of the gospel should not be backward to take any opportunity, as chaplains to ambassadors, or to factories, &c. to put themselves in such a way.

4. It is lawful for a son or servant (whose bonds extend to such a service) to go in obedience to a superior's command; and God's special protection may be trusted in a way of obedience.

5. It is lawful for one in debt to go, that hath probable hopes that way and no other to pay his debts. Because he is a defrauder if he detain other men's money, while a lawful way of repaying it may be taken.

6. It is lawful for a duly qualified person to go in case of extreme poverty, to be able to live in the world; and that poverty may be called extreme to one that was nobly born and educated, which would be no poverty to one that was bred in beggary.

7. It is lawful for a well qualified person, who desireth riches to serve God, and to do good with, to go in a way of trading, though he be in no poverty or necessity himself. Because God's blessing on a lawful trade may be desired and endeavoured, and he that should do all the good he can, may use what lawful means he can to be enabled to do it. And other men's wants should be to us as our own, and therefore we may endeavour to be able to relieve them.

8. In a time of such civil war, when a man knoweth not which side to take, it may be better for some men to live abroad; yea, among infidels.

9. There is little to dissuade a man whose trade leadeth him into a country that is better than his own, or so sottish as to have small temptation, and that hath the company of faithful christians, with which he may openly worship God, and privately converse to his spiritual edification.

10. In urgent cases one may go for a time, where he can have no use of public church worship, so be it he have private means and opportunities of holy living.

11. It is lawful on less occasions to leave one's own country in a time of debauchery, when temptations at home are greater than those abroad, or in a time of such persecution as may lawfully be avoided, than at another time.

12. A settled christian may go more safely, and therefore lawfully, on smaller urgencies, than a young, raw, lustful, fanciful, unsettled novice may.

II. Neg. 1. It is not lawful for any one to seek riches or trade abroad or at home, principally for the love of riches, to raise himself and family to fulness, prosperity, or dignity: though all this may be desired when it is a means to God's service and honour, and the public good, and is desired principally as such a means.

2. It is not lawful to go abroad, especially into infidel or popish countries, without such a justifiable business, whose commodity will suffice to weigh down all the losses and dangers of the remove.

3. The dangers and losses of the soul are to be valued much above those of the body and estate, and cannot be weighed down by any mere corporal commodity.

4. It is less dangerous usually to go among Turks and heathens, (whose religion hath no tempting power to seduce men,) than among Socinians or papists, whose errors and sins are cunningly and learnedly promoted and defended.

5. It is not lawful for merchants or others for trade and love of wealth or money, to send poor raw, unsettled youths into such countries where their souls are like to be notably endangered, either by being deprived of such teaching and church helps which they need, or by being exposed to the dangerous temptations of the place; because their souls are of more worth than money.

6. It is not lawful therefore for master or servant to venture his own soul in such a case as this last mentioned; that is, so far as he is free, and without necessity doth it only for commodity sake.

7. We may not go where we cannot publicly worship God, without necessity, or some inducement from a greater good.

8. The more of these hinderances concur the greater is the sin: it is therefore a mere wilful casting away of their own souls, when unfurnished, unsettled youths (or others like them) shall for mere humour, fancy, or covetousness leave such a land as this, where they have both public and private helps for their salvation, and to go among papists, infidels, or heathens, where talk or ill example is like to endanger them, and no great good can be expected to countervail such a hazard, nor is there any true necessity to drive them, and where they cannot publicly worship God, no, nor openly own the truth, and where they have not so much as any private company to converse with, that is fit to further their preservation and salvation, and all this of their own accord, &c.

Quest. II. May a merchant or ambassador leave his wife, to live abroad?

Answ. 1. We must distinguish between what is necessitated, and what is voluntary. 2. Between what is done by the wife's consent, and what is done without. 3. Between a wife that can bear such absence, and one that cannot. 4. Between a short stay, and a long or continued stay.

1. The command of the king, or public necessities, may make it lawful, except in a case so rare as is not to be supposed (which therefore I shall not stand to describe). For though it be a very tender business to determine a difference between the public authority or interest, and family relations and interest, when they are contradictory and unreconcilable, yet here it seemeth to me, that the prince and public interest may dispose of a man contrary to the will and interest of his wife; yea, though it would occasion the loss, 1. Of her chastity. 2. Or her understanding. 3. Or her life: and though the conjugal bond do make man and wife to be as one flesh. For, 1. The king and public interest may oblige a man to hazard his own life, and therefore his wife's. In case of war, he may be sent to sea, or beyond sea, and so both leave his wife (as Uriah did) and venture himself. Who ever thought that no married man might go to foreign wars without his wife's consent? 2. Because as the whole is more noble than the part, so he that marrieth obligeth himself to his wife, but on supposition that he is a member of the commonwealth, to which he is still more obliged than to her.

2. A man may for the benefit of his family leave his wife for travel or merchandise, for a time, when they mutually consent upon good reason that it is like to be for their good.

3. He may not leave her either without or with her own consent, when a greater hurt is like to come by it, than the gain will countervail. I shall say no more of this, because the rest may be gathered from what is said in the cases about duties to wives, where many other such are handled.

Quest. III. Is it lawful for young gentlemen to travel in other kingdoms, as part of their education?160

Answ. The many distinctions which were laid down for answer of the first question, must be here supposed, and the answer will be mostly the same as to that, and therefore need not be repeated.

1. It is lawful for them to travel that are necessarily driven out of their own country, by persecution, poverty, or any other necessitating cause.

2. It is lawful to them that are commanded by their parents (unless in former excepted cases, which I will not stay to name).

3. It is the more lawful when they travel into countries as good or better than their own, where they are like to get more good than they could have done at home.

4. It is more lawful to one that is prudent and firmly settled both in religion, and in sobriety and temperance, against all temptations which he is like to meet with, than to one that is unfurnished for a due resistance of the temptations of the place to which he goeth.

5. It is more lawful to one that goeth in sober, wise, and godly company, or is sent with a wise and faithful tutor and overseer, than to leave young, unsettled persons to themselves.

6. In a word, it is lawful when there is a rational probability, that they will not only get more good than hurt, (for that will not make it lawful,) but also more good than they could probably have other ways attained.