remediless; but, in the law of conscience, the first seller, who ought to have borne his own burthen of an inevitable loss, is bound to transfer, by the hands that sold me that injurious bargain, a due satisfaction.

Neither is it other in the fraudulent conveyances of houses or land. However the matter may be intricated, by passing through many, perhaps unknowing hands; yet the sin, and obligation to satisfaction, will necessarily lie at the first door: whence if just restitution do not follow, the seller may purchase Hell to boot.

Think not now, on this discourse, that the only fraud is in selling. There may be no less, though not so frequent fraud, in buying also: whether, in unjust payment, by false coin; or, by injustice of quantities, as in buying by weights or measures, above allowance; or, by wrong valuation of the substance and quality of the commodity, misknown by the seller. As for instance, a simple man, as I have known it done in the western parts, finds a parcel of ambergris cast upon the sands: he, perceiving it to be some unctious matter, puts it to the base use of his shoes, or his cart-wheel: a merchant, that smells the worth of the stuff, buys it of him for a small sum; giving him a shilling or two for that, which himself knows to be worth twenty pounds: the bargain is fraudulent, and requires a proportionable compensation to the ignorant seller, into whose hands Providence hath cast so rich a booty.

Shortly, in all these intercourses of trade, that old and just rule, which had wont to sway the traffic of Heathens, must much more take place amongst Christians; Cum bonis bène agier: "That honest men must be honestly dealt with :" and, therefore, that all fraud must be banished out of their markets; or, if it dares to intrude, soundly punished, and mulcted with a due satisfaction.

CASE VII.

How far, and when, am I bound to make restitution of another man's goods remaining in my hand?

RESTITUTION is a duty, no less necessary, than rarely practised amongst Christians. The arch-publican, Zaccheus, knew that with this he must begin his conversion: and that known rule of St. Austin is in every man's mouth; "No remission without restitution." For this act is no small piece of commutative justice, which requires that every man should have his own most just, therefore, it is, that what you have taken or detained from the true owner should be restored; neither

Aug. Epis. 54. ad Macedon.

can it be sufficient, that you have conceived a dry and bootless sorrow for your wrongful detention, unless you also make amends to him by a real compensation.

But you are disabled to make restitution, by reason of want: your will is good; but the necessity, into which you are fallen, makes you uncapable of performance :-See, first, that it be a true, and not feigned necessity. Many a one, like to lewd cripples that pretend false sores, counterfeit a need that is not; and shelter themselves in a willing jail, there living merrily upon their defrauded creditor, whom they might honestly satisfy by a well improved liberty: this case is damnably unjust. But, if it be a true necessity of God's making, it must excuse you for the time; till the same hand, that did cast you down, shall be pleased to raise you up again: then, you are bound to satisfy; and, in the mean time, lay the case truly before your creditor, who, if he be not merciless, where he sees a real desire and endeavour of satisfaction, will imitate his God in accepting the will for the deed, and wait patiently for the recovery of your estate.

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You ask now, to whom you should tender restitution:

:

To whom, but the owner? "But he," you say, "is dead." That will not excuse you: he lives still in his heirs. It is memorable, though in a small matter, which Seneca reports of a Pythagorean Philosopher at Athens; who, having run upon the score for his shoes at a shop there, hearing that the shoemaker was dead, at first was glad to think the debt was now paid; but, straight recollecting himself, he says within himself, Yet, howsoever, the shoemaker lives still to thee, though dead to others ;" and, thereupon, puts his money into the shop, as supposing that both of them would find an owner. It is a rare case, that a man dies, and leaves no body in whom his right survives. But, if there be neither heir, nor executor, nor administrator, nor assign, The poor, saith our Saviour, ye shall have always with you: make thou them his heir: turn your debt into alms.

Object. "But, alas!" you say, "I am poor myself: what need I then look forth for any other? Why may not I employ my restitution to the relief of my own necessity?".

Sol. It is dangerous, and cannot be just, for a man to be his own carver altogether, in a business of this nature. You must look upon this money, as no more yours than a stranger's: and, howsoever it be most true, that every man is nearest to himself, and hath reason to wish to be a sharer, where the need is equal; yet it is fit this should be done, with the knowledge and approbation of others. Your pastor, and those other that are by authority interested in these public cares, are fit to be acquainted with the case. If it be in a matter meet to be notified, as a business of debt or pecuniary engagement, let their

wisdom proportion the distribution: but, if it be in the case of some secret crime, as of theft or cozenage, which you would keep as close as your own heart, the restitution must be charged upon your conscience; to be made with so much more impartiality, as you desire it more to be concealed: herein have a care of your soul, whatever becomes of your estate.

it

As for the time of restitution, it is easily determined, that it cannot well be too soon, for the discharge of your conscience: may be too late, for the occasions of him to whom it is due. Although it may fall out, that it may prove more fit to defer, for the good of both: wherein charity and justice must be called in as arbitrators. The owner calls for his money, in a riotous humour; to mis-spend it upon his unlawful pleasure: if your delay may prevent the mischief, the forbearance is an act of mercy. The owner calls for a sword deposited with you, which you have cause to suspect he means to make use of for some ill purpose: your forbearing to restore it is so both charitable and just, that your act of delivery of it may make you accessary to a murder. Whereto I may add, that, in the choice of the time, you may lawfully have some respect to yourself: for, if the present restitution should be to your utter undoing, which may be avoided by some reasonable delay, you have no reason to shun another's inconvenience by your own inevitable ruin: in such case, let the creditor be acquainted with the necessity, his offence deprecated; and rather put yourself upon the mercy of a chancery, than be guilty of your own overthrow.

But when the power is in your hand, and the coast every way clear, let not another man's goods or money stick to your fingers; and think not that your head can long lie easily, upon another man's pillow.

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Yea, but," you say, "the money or goods miscarried, either by robbery or false trust, ere you could employ them to any profit at all:". -This will not excuse you: after they came into your power, you are responsible for them. What compassion this may work in the good nature of the owner for the favour of an abatement, must be left to his own breast: your tie to restitution is not the less; for, it is supposed, had they remained in the owner's hands they had been safe. If it were not your fault, yet it was your cross, that they miscarried; and who should bear your cross, but yourself?

Shortly, then, after all pretences of excuse; the charge of wise Solomon must be obeyed: Withhold not good from the owners thereof, when it is in the power of thy hand to do it; Prov. iii. 27.

CASE VIII.

Whether, and how far, doth a promise, extorted by fear,
though seconded by an oath, bind my conscience
to performance?

A MERE promise, is an honest man's strong obligation; but, if it be withal backed with an oath, the bond is sacred and inviolable.

But, let me ask you what promise it is, that you thus made and bound.

If it be of a thing unlawful to be done, your promise, and oath, is so far from binding you to performance, that it binds you only to repentance that ever you made it. In this case, your performance would double and heighten your sin: it was ill, to promise; but it would be worse, to perform. Herod is, by oath, engaged, for an indefinite favour to Salome: she pitches upon John Baptist's head: he was sorry for such a choice; yet, for his oath's sake, he thinks he must make it good surely, Herod was ill-principled, that he could think a rash oath must bind him to murder an innocent: he might have truly said, this was more than he could do: for that we can do, which we can lawfully do.

But, if it be a lawful thing that you have thus promised and sworn, though the promise were unlawfully drawn from you by fear, I dare not persuade you to violate it.

It is true, that divers learned Casuists hold, that a promise drawn from a man by fear is void, or at least revokable at pleasure; and so also the oath annexed, which follows the nature of the act whereto it appends: chiefly upon this ground, that both these are done without consent, mere involuntary acts; since nothing can be so contrary to consent as force and fear.

But I dare not go along with them: for that I apprehend there is not an absolute involuntariness in this engagement, but a mixed one; such as the Philosopher' determines in the Mariner, that cast his goods overboard to save his life: in itself, he hath no will to do it; but, here and now, upon this danger imminent, he hath a half-will to perform it.

Secondly, I build upon their own ground. There is the same reason, they say, of force and of fraud:

Now, that a promise and oath drawn from us by fraud binds strongly, we need no other instance than that of Joshua, made

Arist. Eth. l. ii. c. 2.

to the Gibeonites. There could not be a greater fraud, than lay hid in the old shoes, thread-bare garments, rent bottles, and mouldy provisions of those borderers; who, under the pretence of a remote nation, put themselves under the interest and protection of Israel; Josh. ix. 12, 13. &c. The guile soon proved apparent; yet durst not Joshua, though he found himself cheated into this covenant, fall off from the league made with them; which when, after many ages, Saul out of politic ends went about to have broken, we see how fearfully it was avenged with a grievous plague of famine upon Israel, even in David's days; 2 Sam. xxi. 1. who was no way accessary to the oppression: neither could be otherwise expiated, than by the bleeding of Saul's bloody house.

When once we have interested God in the business, it is dangerous not to be punctual in the performance. If, therefore, a bold thief, taken you at an advantage, have set his dagger to your breast; and, with big oaths, threatened to stab you, unless you promise and swear to give him a hundred pounds, to be left on such a day in such a place for him; I see not how, if you be able, you can dispense with the performance: the only help is, (which is well suggested by Lessius", that nothing hinders why you may not, when you have done, call for it back again, as unjustly extorted: and, truly, we are beholden to the Jesuit, for so much of a real equivocation : why should you not thus right yourself, since you have only tied yourself to a mere payment of the sum? upon staking it down for him, you are free. But, if he have forced you to promise and swear not to make him known, you are bound to be silent in this act, concerning yourself: but, withal, if you find that your silence may be prejudicial to the public good; for that you perceive the licentiousness of the offender proceeds, and is like so to do, to the like mischief unto others; you ought, though not to accuse him for the fact done unto you, yet to give warning to some in authority to have a vigilant eye upon so lewd a person, for the prevention of any further villainy.

But, if it be in a business, whose peril rests only in yourself, the matter being lawful to be done, your promise and oath, though forced from you, must hold you close to performance, notwithstanding the inconveniencies that attend. If, therefore, you are dismissed upon your parole, for a certain time, to return home, and dispose of your affairs, and then to yield yourself again prisoner to an enemy; the obligation is so strict and firm, that no private respects may take it off: and it should be a just shame to you, that a Pagan" should, out of common honesty, hold himself bound to his word; not without the n Attilius Regulus.

m Lessins de Jure, &c. 1. ii. c. 42. dub. 6.