_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.