fometimes alfo to get rid of a bad fervant without the uneafinefs of a difpute; for which nothing can be pleaded, but the moft ungenerous of all excufes, that the perfon whom we deceive is a ftranger.

There is a conduct, the reverfe of this, but more injurious, because the injury falls where there is no remedy. I mean the obftructing a fervant's advancement, because you are unwilling to fpare his fervice. To ftand in the way of your fervant's intereft, is a poor return for his fidelity; and affords flender encouragement for good behaviour, in this numerous and therefore important part of the community. It is a piece of injuftice, which, if practifed towards an equal, the law of honour would lay hold of; as it is, it is neither uncommon nor difreputable.

A mafter of a family is culpable, if he permit any vices among his domeftics, which he might restrain by due difcipline and a proper interference. This refults from the general obligation to prevent mifery when in our power; and the affurance which we have, that vice and mifery at the long run go together. Care to maintain in his family a fenfe of virtue and religion, received the divine approbation in the perfon of ABRAHAM, Gen. xviii. 19" I know him, that he will command his children, and his household after him; and they fhall keep the way of the Lord, to do juftice and judgment." And indeed no authority feems fo well adapted to this purpose, as that of mafters of families: becaufe none operates upon the jubjects of it, with an influence fo immediate and conftant.

What the Chriftian fcriptures have delivered concerning the relation and reciprocal duties of masters and fervants, breathes a fpirit of liberality, very little known in ages when fervitude was flavery; and which flowed from a habit of contemplating mankind under the common relation in which they ftand to their Creator, and with refpect to their interest in another existence.* "Servants, be obedient to

* Eph. vi. 5-9.

them that are your mafters according to the flesh, with fear and trembling, in finglenefs of your heart, as unto Christ; not with eye-service, as men pleafers; but as the fervants of Christ, doing the will of God from the heart; with good will doing fervice, as to the Lord, and not to men: knowing that whatsoever good thing any man doth, the fame shall he receive of the Lord, whether he be bond or free. And, ye masters, do the fame thing unto them, forbearing threatening; knowing that your Mafter alfo is in heaven; neither is there refpect of perfons with him." The idea of referring their fervice to God, of confidering him as having appointed them their task, that they were doing his will, and were to look to him for their reward, was new; and affords a greater fecurity to the mafter than any inferior principle, because it tends to produce a fteady and cordial obedience in the place of that constrained fervice, which can never be trufted out of fight, and which is juftly enough called eye-service. The exhortation to masters, to keep in view their own fubjection and accountablenefs, was no lefs feafonable.

Chapter XII.

CONTRACTS OF LABOUR.

COMMISSIONS.

WHOEVER undertakes another man's bufinefs, makes it his own, that is, promifes to employ upon it the fame care, attention and diligence, that he would do if it were actually his own; for he knows that the business was committed to him with that expectation. And he promises nothing more than this. Therefore an agent is not obliged to wait, inquire, folicit, ride about the country, toil, or ftudy, whilft there remains a poffibility of benefiting his employer. If he exert fo much of his activity, and ufe

fuch caution, as the value of the business in his judg ment deferves, that is, as he would have thought fufficient, if the fame intereft of his own had been at ftake, he has difcharged his duty, although it fhould afterwards turn out, that by more activity, and longer perfeverance, he might have concluded the bufinefs with greater advantage.

This rule defines the duty of factors, ftewards, attorneys, and advocates.

One of the chief difficulties of an agent's fituation is, to know how far he may depart from his inftructions, when, from fome change or discovery in the circumstances of his commiffion, he fees reason to believe that his employer, if he were present, would alter his intention. The latitude allowed to agents in this refpect will be different, according as the commiffion was confidential or ministerial; and according as the general rule and nature of the fervice require a prompt and precife obedience to orders, or not. An attorney fent to treat for an eftate, if he found out a flaw in the title, would defift from propofing the price he was directed to propofe; and very properly. On the other hand, if the commander in chief of an army detach an officer under him upon a particular service, which service turns out more difficult, or lefs expedient, than was fuppofed, in fo much that the officer is convinced that his commander, if he were acquainted with the true ftate in which the affair is found, would recal his orders, yet must this officer, if he cannot wait for fresh directions, without prejudice to the expedition he is fent upon, pursue, at all hazards, those which he brought out with him.

What is trufted to an agent may be loft or damaged in his hands by misfortune. An agent who acts without pay is clearly not answerable for the lofs; for, if he gave his labour for nothing, it cannot be prefumed, that he gave alfo fecurity for the fuccefs of it. If the agent be hired to the bufinefs, the queftion will depend upon the apprehenfion of the par

ties at the time of making the contract; which apprehenfion of theirs must be collected chiefly from custom, by which probably it was guided. Whether a public carrier ought to account for goods fent by him; the owner or mafter of a fhip for the cargo; the poft office for letters, or bills inclofed in letters, where the lofs is not imputed to any fault or neglect of theirs; are queftions of this fort. Any expreffion, which by implication amounts to a promise, will be binding upon the agent without cuftom; as where the proprietors of a ftage-coach advertise, that they will not be accountable for money, plate, or jewels, this makes them accountable for every thing elfe; or where the price is too much for the labour, part of it may be confidered as a premium for infurance. On the other hand, any caution on the part of the owner to guard against danger, is evidence that he confiders the risk to be his; as cutting a bank bill in two, to send by the poft at different times.

Univerfally, unlefs a promife, either exprefs or tacit, can be proved against the agent, the lofs must fall upon the owner.

The agent may be a fufferer in his own perfon or property by the bufinefs which he undertakes; as where one goes a journey for another, and lames. his horfe, or is hurt himself by a fall upon the road; can the agent in fuch cafe claim a compenfation for the misfortune? Unless the fame be provided for by exprefs ftipulation, the agent is not entitled to any compenfation from his employer on that account: for where the danger is not forefeen, there can be no reason to believe, that the employer engaged to indemnify the agent against it; ftill lefs where it is forefeen: for whoever knowingly undertakes a dangerous employment, in common conftruction takes upon himself the danger and the confequences; as where a fireman undertakes for a reward to risk a box of writings from the flames; or a failor to bring off a paffenger from a fhip in a storm.

R

Chapter XIII.

CONTRACTS OF LABOUR.

PARTNERSHIP.

I KNOW nothing upon the subject of partnerfhip that requires explanation, but in what manner the profits are to be divided, where one partner contributes money and the other labour; which is a common cafe.

Rule. From the stock of the partnership deduct the fum advanced, and divide the remainder between the monied partner, and the labouring partner, in the proportion of the intereft of the money to the wages of the labour, allowing fuch a rate of interest as money might be borrowed for upon the fame fecurity, and fuch wages as a journeyman would require for the fame labour and trust.

Example. A advances a thousand pounds, but knows nothing of the business; B produces no money, but has been brought up to the bufinefs and undertakes to conduct it. At the end of the year the ftock and the effects of the partnership amount to twelve hundred pounds; confequently there are two hundred pounds to be divided. Now nobody would lend money upon the event of the bufinefs fucceeding, which is A's fecurity, under fix per cent.-therefore A must be allowed fixty pounds for the interest of his money. B, before he engaged in the partnerfhip, earned thirty pounds a year in the fame employment; his labour, therefore, ought to be valued at thirty pounds; and the two hundred pounds muft be divided between the partners, in the proportion of fixty to thirty; that is, A must receive one hundred and thirty-three pounds fix fhillings and eight pence, and B fixty-fix pounds thirteen fhillings and four pence.

If there be nothing gained, A lofes his interest, and B his labour, which is right. If the original stock