Chap.74 Of Refi:tution. , 0ò6;ag 477 them, and give a true account to their parents of what they receive for their ufe, and not with the unjuft Steward write down 5o for80. The fame alto belongs to Executors, or fuch as areput in truft with adminifira- tion of the goods of the dead, and toFeoffees entrufted withconveyance of lands, or difpofing of them to pious ufes. Davidwasentrufted by Jonathan with his po- fterity,andhe promifednot to cut offhie kindneßfrom his hoofefor ever,which truft we t Sam.2e,15 find, he accordingly performed, when after the death of Saul and Jonathan, he en- 2 Sam.5'.1 quired if there were any left of the houte of Saul, to whom he might thew kind- nefs for Jonathans fake. The contrary pra&ice we find in thofe wicked husband- men, in the parable of the vineyard , who when the Heir was tent to receive the fruit, faid among themfelves, 7b$s is the Heir, come let us kill him,and the inheritance Luke to, ta, ¡hall beours, for which we fee how grievoufly they are threatned,and what a wo the Lord of the vineyarddenounces againfthem. 3. With thofe things which go,fub ratione depofiti, under the nameof truft, are joyned fuch things as go fish ratione inventi, as Mayes , of which the law is, If thou meet thine enemies ox or bit affe going afiray,thoufhalt furely bring it back, tohim again; Levie444 or if thoube far fromhimor knowelthim not, thou mú¡1 keep it, tillbe feekafter it, Numb.5,9,9 and then refiore it ; and if the owner never come for it , either by ignorance , not knowing where it is, or by negligence, not requiringit , we mutt notconvert it to our ownufe, but rettore it to his kindred, or if he have no kindred, then it mutt be given to the Lord, to be imployed inpion ufus, for piousand charitable ufes. 4. To thefe may be added thofe things whichare lent.. As, r.thofe things the ufe. whereof is freely given us for a time, thefe mutt alto be reftored ; for as St.Auguffine faith, tametfi benigne dimittitur, tarnen non injufie repetitur , although it were freely lent, yet it may be lawfully demandedagain ; and therefore he that reftores trot what is lent, is unjuft : God took order under the law, that it thould not only be reftored, but alto, if anyhurt befall it, it(hallbe madegood,and if it perijh,anotherfhall begiven Exod.za"sq, for it. z. Forthofe things that are hired, and not freely lent, order is alto taken for their reftitution ; It /hail be refioredif it perifh not, and if the owner be by, itfhall not Exodss. itt bemade good,for it is a hired thing, it camefor thehire. And becaufe theunfaithfulnefs and breachoftruft in menhath broughtin writings, as Bills, Obligations,Pledges, Sureties,&c.therefore even for them alto hash God ta- ken order in his word, that every onemutt perform, what he hathonceundertaken; ThePfalmift makes it a note ofagoodman,not to change ifbe bave oncefworn,thougb Pfalm 15:4 it be to his own leßand hinderance ; and for retoring the pledge,both the Law and the and 37.21 Prophets infift upon it ; be that refores thepledge,&c./hall live,be/hall not die : and Exod.22.z6 è contra for the furety, the Law was !hid, he mutt not be fpared, and theworld was 2e nd'ry'tn come to that pats, that they would take thegarment of him that ryasfurepr,,and let the Prov.2z 26 í other go free therefore Solomon advifes him that iF Dsrety,not toret,till he hath dif- and20. i6 charged what he hath undertaken : and if he that is furety ought to be thus care- . and 6.1,4 ful, much more ought he for whom he is furety,becaufe the cateand trouble brought upon theother is by him. 5.Laftly,in regardof the Commonwealth,there is an unjùft detaining, whena man for his own private benefit, keeps back any thing to the detriment of thepublick, id which cafe reftitution is alto tobe made ; therefore Solomon faith, that he thatwith- haldethcorn, the people ¡ball more him,&rc; And thus much for the feveral branches of this Vertue of Reftitution. The Cafuits,who are very copious uponthis fubjel ,and have involved the mat- ter by manyintricate and needlefs queftions , have yet well reduced all to certain heads, comprized in aditich. Reginald proç. prenit , 9uis, quid reffituit, cui, quantum, quomoda, quando, libaó, tra8.3 *to ordine, quote loco, qua caufa,excufet iniquum, We (hall firt premife a few things , for the better úndertanding ofwhat fol- lows. r. By reftitution is meant, an a6tof commutative jutîice, whereby equal competi- patine ca, fanion isrendred, or fatisfaetion given to him from whomany thing is unjutly taken fa: att.3z, or detained; or who is unjutly damnified by another. cap.: z;The
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