deftly, diligently and patiently recommend his Eftate to God, and follow its Intereft, and leave the Succefs to him: For fuch Courfes will more probably advance his Trade, they will certainly procure him a Bleffing and a Recompence, and if they cure not his Poverty, they will take away the Evil of it; and there is nothing else in it that can trouble him.

10. Detain not the Wages of the Hireling; for every Degree of Detention of it beyond the Time is Injustice and Uncharitableness, and grinds his Face till Tears and Blood come out: But pay him exactly according to Covenant, or according to his Needs.

11. Religioufly keep all Promifes and Covenants, though made to your Difadvantage, though afterwards, you perceive you might have done better: And let not any precedent Act of yours be altered by any After-Accident. Let nothing make you break your Promife, unless it be unlawful or impoffible: That is, either out of your Natural, or out of your Civil Power, yourself being under the Power of another that it be intolerably inconvenient to yourself, and of no (a) Advantage to another: Or that Leave expreffed, or reasonably prefumed,

; or

you have

(a) Surgam ad fponfalia quia promifi, quamvis non concoxerim, fed non fi febricitavero: Sub eft enim tacita exceptio, Si potero, fi debebo. Senec.

Effice ut idem ftatus fit cùm exigitur, qui fuit cùm promitterem. Deftituere levitas non erit, fi aliquid intervenerit novi. Eadem mihi omnia præfta, & idem fum. 1, 4. c. 39. de Benefic.

12. Let no Man take Wages or Fees for a Work that he cannot do, or cannot with Probability undertake, or in fome Senfe profitably, and with Eafe, or with Advantage manage. Phyficians muft not meddle with defperate Difeafes, and known to be incurable, without declaring their Senfe before-hand; that if the Patient please he may entertain him at Adventure, or to do him fome little Eafe. Advocates must deal plainly with their Clients, and tell them the true State and Danger of theirCafe; and muft not pretend Confidence in an evil Caufe: But when he hath fo cleared his own Innocence, if the Client will have collateral and legal

Ad

Advantages obtained by his Industry, he may engage his Endeavour, provided he do no Injury to the right Caufe of any Man's Perfon.

13. Let no Man appropriate to his own Ufe what God by a fpecial Mercy, or the Republick hath

made common: For that is both against Juftice Braffavel. In and Charity too: And by miraculous Accidents God exam. fimpl, hath declared his Difpleasure against fuch Inclofure. When the Kings of Naples enclofed the Gardens of Oenotria, where the beft Manna of Calabria defcends, that no Man might gather it without paying Tribute, the Manna ceafed till the Tribute was taken off; and then it came again: And fo, when after the third Trial, the Princes found they could not have that in proper which God made to be common, they left it as free as God gave it. The like happen'd in Epire, when Lyfimachus laid an Impoft upon the Tragafaan Salt, it vanifhed till Lyfimachus left it publick. And 1. 9. c. 12. when the Procurators of King Antigonus impofed a Athena. DeRate upon the fick People that came to Edepfum to ipnos. 1. 3. drink the Waters, which were lately fprung, and were very healthful, inftantly the Waters dried up, and the Hope of Gain perifhed,

Calius Rhod.

I

Matt. 10. 19%

The Sum of all is in thefe Words of St. Paul, [Let 1 Thef. 4. 6. no Man go beyond and defraud his Brother in any Matter, because the Lord is the Avenger of all fuch.] And our Bleffed Saviour in the enumerating the Duties of Juftice, befides the Commandment of [Do not Lev, 19. 13. fteal] adds [Defraud not] forbidding (as a diftinct Cor. 6. 8. Explication of the Old Law) the tacit and fecret Theft of abufing our Brother in Civil Contracts. And it needs no other Arguments to enforce this Caution, but only that the Lord hath undertaken to avenge all fuch Perfons. And as he always does it in the great Day of Recompences; fo very often he does it here, by making the unclean Portion of Juftice to be as a Canker-Worm, eating up all the other Increase: It procures Beggary, and a declining Eftate, or a Caitiff curfed Spirit, an ill Name, the Curfe of the injured and oppreffed Perfon, and a Fool or a Prodigal to be his Heir.

SECT

to

SECT. IV.

Of Reftitution.

REftitution is that Part of Juftice to which a Man
is obliged by a precedent Contract, or a fore-
going Fault, by his own Act or another Man's, either
with, or without his Will. He that borrows is bound
and much more he that fteals or cheats. For
pay,
if he that borrows, and pays not when he is able, be
an unjuft Perfon and a Robber, because he poffeffes
another Man's Goods to the right Owner's Prejudice;
then he that took them at firit without Leave is the
fame Thing in every Inftant of his Poffeffion, which
the Debtor is after the Time in which he fhould and
could have made Payment. For in all Sins we are to
diftinguifh the tranfient or paffing Act from the re-
maining Effect or Evil. The Act of Stealing was foon
over and cannot be undone, and for it the Sinner is
only answerable to God, or his Vicegerent, and he
is in a particular manner appointed to expiate it by
fuffering Punishment, and repenting, and asking Par-
don, and judging and condemning himself, doing Acts
of Juftice and Charity,in Oppofition and Contradiction
to that evil Action. But because in the Cafe of Steal-
ing there is an Injury done to our Neighbour, and
the Evil ftill remains after the Action is paft, there-
fore for this we are accountable to our Neighbour,
and we are to take the Evil off from him which we
brought upon him, or elfe he is an injured Perfon, a
Sufferer all the while: And that any Man fhould be
the worfe for me, and my directAct, and by my Inten-
tion, is against the Rule of Equity, of Juftice, and of
Charity; I do not that to others which I would have
done to myfelf, for I grow richer upon the Ruins of
his Fortune. Upon this Ground it is a determined
Rule in Divinity, Our Sin can never be pardoned till
we have reftored what we unjustly took, or wrong fully
detained: Reftored it (I mean) actually or in purpose
and defire, which we must really perform when we can.

And

And this Doctrine, befides its evident and apparent Reasonableness, is derived from the exprefs Words of Scripture, reckoning Reftitution to be a Part of Repentance, neceffary in Order to the Remiffion of our Sins. If the Wicked restore the Pledge, give again (a) *O 28° that he had robbed, &c. he shall furely live, he thallu nou die.]* The Practice of this Part of Justice, is ove to be directed by the following Rules. κότα, ἐδέν

Rules of making Reftitution.

Ezek. 33.15,

nim oporter

1. Whofoever is an effective real Caufe of doing bis Neighbour Wrong, by what Inftrument foever he does it, whether by commanding or incouraging it, Totilas apud γίνεται. by counfelling or commending (a) it, by acting it, Procop. Goth. or not (b) hindring it when he might and ought, by 3. Qui laudat concealing it or receiving it) is bound to make Reftifervum fugi tution to his Neighbour; if without him the Injury tivum tene had not been done, but by him or his Affiftance it tur. Non cwas. For by the fame Reafon that every one of these laudando auis guilty of the Sin, and is Cause of the Injury, by geri malum: the fame they are bound to make Reparation; be- Ulpian in lib. caufe by him his Neighbour is made worfe, and therefore is to be put into that State from whence he (b) 'O'su was forced. And fuppofe that thou haft perfwaded renouéan Injury to be done to thy Neighbour, which others T would have perfwaded if thou hadst not, yet thou art vá↓arlos, ftill obliged, because thou really didft caufe the In-Max TE jury; just as they had been obliged if they had done it: And thou art not at all the lefs bound by having Perfons as ill inclined as thou wert.

1. C. de Ser

vo corrupto.

σαι γυνα

in Michael,

σαι ἢ του 2. He that commanded the Injury to be done, V. AWE is firft bound; then he that did it; and after thefe, un Can they alfo are obliged who did fo affift, as without dirt. them the Thing would not have been done. If Satis-Nicet, Choniat faction be made by any of the former, the latter is Comnen. tied to Repentance, but no Reftitution: But if the Sic Syri ab injured Perfon be not righted, every one of them is Amphy&tiowholly guilty of the Injustice, and therefore bound nibus, judicio to Reftitution fingly and intirely.

damnati,

quia pirati

hibuerunt

3. Whofoever intends a little Injury to his Neigh-cam non probour, and acts it, and by it a greater Evil accidentally cùm pote

comes, rant,

Etiamfi par zem damni

dare noluifti

dus es. Ex to

comes, he is obliged to make an entire Reparation of all the Injury, of that which he intended, and of in rotum quafi that which he intended not, but yet acted by his own prudens de Inftrument going farther than he at firft purpofed it. deris tenen- He that fets Fire on a Plane-Tree to fpite his Neighto enim no bour, and the Plane-Tree fet Fire on his NeighJuiffe debet bour's Houfe, is bound to pay for all the Lofs. bequi impru caufe it did all arife from his own ill Intention. It dentia defenditur. Sen. is like Murther committed by a drunken Person, Contr. Invo- involuntary in fome of the Effect, but voluntary in luntarium or- the other Parts of it, and in all the Caufe; and luntario cen- therefore the guilty Perfon is anfwerable for all of it. fetur pro vo- And when Ariathes the Cappadocian King had but in Juntario. Stra Wantonnefs ftopped the Mouth of the River Mela

tum ex vo

nus, although he intended no Evil, yet Euphrates being fwelled by that Means, and bearing away fome of the Strand of Cappadocia, did great Spoil to the Phrygians and Galatians; He therefore by the Roman Senate was condemned in Three Hundred Talents towards Reparation of the Damage. Much rather therefore when the leffer Part of the Evil was directly intended.

4. He that hinders a charitable Perfon from giving Alms to a poor Man, is tied to Reftitution, if he hindred him by Fraud or Violence; because it was a Right which the poor Man had when the good Man had defigned and refolved it, and the Fraud or Violence hinders the Effect, but not the Purpose: And there, fore he who ufed the Deceit or the Force is injurious, ITAUER and did Damage to the poor Man. But if the Alms. A were hindred only by Intreaty, the Hinderer is not Conn tied to Reftitution, because Intreaty took not Liberty ous xen away from the Giver, but left him ftill Mafter of his in down Act, and he had Power to alter his Purpose, and Veeve fo long there was no Injustice done. The fame is the Ech.1.5.c. 4. nefs or by Promife and common Right. He that hinCafe of a Teftator giving a Legacy either by Kindders the charitable Legacy by Fraud or Violence, or the due Legacy by Intreaty, is equally obliged to Reftitution. The Reafon of the latter Part of this Cafe is, because he that intreats or perfuades to a Sin,

is