Com.8. Of Reßïtutiori. Chap.Bi, 479 4. Ruantum, how much ? The whole damage, if it becertainly known, if it be doubtful, then as itIhall be valued by hone[' and indifferent men. 5 guomodo, in what manner ? It may be either by amans felf, or by another,who is known to behoneft and faithful; otherwife; if he fail in his truf , this excufes not the party. 2. If the damagebe fecret, one mayprovide forhis credit , by ufinga friend to rettore it, for he is not bound to open.ref'itution, if he cando it otherwife. Luke 19.9 3. If the whole be to be reflored,.it mull not bedone by parts. 6. 9Laando, when ? prefently without delay, for otherwife the Lin is continued and increafed, fo longas reflitution is deferred : the negative precept (of not keeping that which is another mans) included in the affirmative, bindsfemper, & ad femper. Say not to tby neighbour come again to morrow, faith Solomon. If it be meant of the Prov.3.2", poor, to whomwe owe onely ex charitate,it follows àfortiori, when any thing is due ex debitojuj?itie. 7. Quo ordine, in what order? where a man is able to fatisfie all, he is not tyed to anyorder? otherwife lac mull follow the Laws under which he lives. 8. Quo loco,in what place ? This is not much material , when any queffion arifes about this, the politive Laws determine it. 9. sue cattle excufxnt, what caufes free a man from refoiing ? t. T he difabilityof the party'; for as God in this cafe accepts of a willing mind, : a...tar g tz fo ought man : but this excufes only, fo long ashe is not able. 2. The cation, orgiving upof all hisefface to fatisfie his Creditors,this frees him by the Civil Law, provided; that if he be able afterward, he fatisfie to the full. cod. 9Mi bans ederepof- 3. Theexprefs or tacit confent of the Creditor, provided that this forgiving be, jnac ; .¢; r. by him that bath lawful authority : 2. thatit be free andnot extorted. de eJwt ba 4. When the prefent refìiturion might endanger a mans life, or damnifiehimmore aurea, than theother thould;havc benefit thereby : this for a time maybe á jufl caufe todefer reftitution. 5.Ignorance, not of the Lawof relitution, for this no manought tobe ignorant of, and if he be, he ought not to take advantage by his ownnegligence , but a the fait, when a man knows not that he hath damnified another , provided , itibenot grofs, or wilful and affectedignorance. 6. If there be a compenfation made to theparty wronged fame other way,either bymoneys, commodities in trading,&c. or by fomething equivalent to thedamage this frees him inform confeientie. The larger explication of thefe particulars muff be had from the* Cafuifts. M See Thom,2.2.q.62.Cajet.Valent. & reliq. ibid. Sutnmifi. verb. reluit. Scholafici in Sent.4.diji,r5.Soto de Juli.& jure lib,4.q.6,y .Lefus de juf .ex jure Iib.a.c.y. Rzar.ta.3. lib.4.MYlolinarail.2.Difp.714,&c.Navar,Enchirid.c.17.Covar.ad Keg.peccatum,2 Par.n.5. CHAP. VIII. Of thefecundgeneral, viz. unjuji keeping, The right ufe of riches ir, r. in refeïl of a mans felf: the fns oppofite, s. Parftmony, 2.prodigaltty ; two degrees of it, to fend unreafonably, 2. Above ones means. a. In refpen of others; viz. thepoor,where we are to know two things : a. How we hold our riches, cr by what tenure : 2.Wbat weare to conceive of the. poor. Athreefoldnecejty, 1. of nature, 2. of our perfon, 3. of our effete andcgndition. Several motives to communicate to the poor. Ithertowe have fpoken of the right gettingof riches, which is,when wehave not encreafedour eftate, either by detaining fromothers; that which is none of ours, or by taking away from others, that which they have right to, but want power to retain, or bythat which they call generatio petunie, the encreafe of mony, by u- fury; when our gettilis are by none of thefe waies, then are we Mil Lords and 'owners of what we have. It is wellfaid, ubijufiitiaefi coda, ibi Cbrifitu eft Domi- nus, where Office is the layer up, there Chrift is Lord of thofe goods , and of fuels we have a good tenure, but the Devil is theLord of what is got otherwife; St.Au- Luke 1.14 gufline upon the parable of the feed faith, that worldly gains are thorns, and a thorn non colligitnr fine ¡fl.nr.is not gathered without danger of hurt,it may run into ones hands,
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