qo (af"es abotlt Finding and Lojing. ~·ft· l• f&.:!rft. 2· ~rft-3· 90•ft· 6. Tit. 6, (afes of Co1fcience about Lofmg and Finding. §_. I· ~en. •· IF I find money or any thing l,jf, am I bound to [eek,. out the o"'ner, if be[eel;, ., 1 Pfier me? And how j'.Jr am r bound to feek.. him? A~tfw. You are bou~d ro ufe f~ch rcafonablc means, .as the natUre of the cafe rcquireth, that the true nwn~r may have hts own ag1m. H~: that dare keep another mans money, bccau(e he findeth it its hke would fical, if he could do it as fecrc:tly. Finding givcth you no propriety, Tf the owne; can be found : Do as fOl~ would be done by, and you may f.ttistie your confcicnce. If nearer en– quiry will not fcrvr, you arc bound to get ir cryed in the Market, or proclaimed in the Church or mentioned in rhc Cttrralitt>'J that carry weekly news; or any probable way) which puttcth you nor'up. on unreafonable colt or labour. ~- 2· Q!cll. 2. May I tak,_e a1ry tbiug f"' tl" finding of it, at my duel Anfrv. You may drmand fo much as {hall pay for any labour or call which you have been at about it, or tinding out the owmr. But no more as your due: Though a moderate graruiry m 1 y be accepted, if he freely give ir. ~· 3· Q!cn. 3· May I defirc " fi>Jd money or auy tbing el{t in my way? or m•y I .bt glad ,.ben I have formd it? A;if"n·· Yuu fhould firn be unwilling that your neighbour fhould lofi it; and be forry thu he hati 1 Ion it : But fuppofing that it be loft, you may moderately dtfire that you may find it rather than another : Not wi1h a covetous ddire of the gain; but that you m1y faithfully graiilie the owner in rrnorir.g it; Or if he cannot be found may difpofc of it as you ought. And you fhould be mort {orry that its lofl 1 than gl.id that you find it, except for the owner. • • §· 4· ~:H. 4· Ifno Owner can be found, may I notta""-e it and ufe it al mine owli? Anfw. The Laws of the Land do ufually regulate claims of propriety in fuch matt<rs: where the Law giveth it to the Lord of the Manner, it is his, and you muft give it him. Where it giveth it. to no other, it is his that findeth it; and occupancy will give him propriety. Bm foas it behoveth h}m to judge, if he be poor, that Gods providence ordered it for his own fupply; but if he be rich, tOat God ft nr it him but as to his Srcward, to give it to the poor. ~. 5· Q!!eO. 5· If nwry be pre[ent when[ find it, may I not whoVy retain it to my [elf? " may I 11ot conceal it from tbcm if I can ? A4n·. If the Law Mer-rule the cafe, it mull be obeyed : But if it dO' not, you may if you can conceal it, and thereby become the only fi;zder, and take it as your own, if theOwner be not found: Bur if you cannot conceal it at the time of finding, they that fee it with you, are partly the finders as well as you; though perliaps the large£! !hare be due to the occupant. ~· 6, Q uell. '6. If I truft my n<ighbour or [trvant with money or goods, liT if another truft me, who muff ]!and to thelofs if they be loft? An[w. Here alfo the Law of· the Land as regulating proprieties mull be very much regarded ; and efpecially the true meaning of the parties mull be underfiood ; If it was antecedently the ex– prdfed or implyed meaning that one party in fuch or fuch a cafe fhould bear the lofs, it mufi in firiCt jufiice be according to the true meaning of the parties. Therefore if a Carrin that under– taketh to fc:cure it, lofcrh it; he lofeth it to himf~Jf. Or if one that it is lent to on that condition ( txplicite or implicitc) lofe ir, it is to hirnfilf. But- if a_friend to whom you are beholdef! fer the carriage lofe it, who undertook no more than to bellow Ills labour, the lofs m~ft be you.rs; yea, 1 thou~h it was his negligence or drunkennefs that was the fault: For you took h1m and truficd him as heJis. But if a fcrvant or one obliged to do it by hire, do without any other agreement, Only undertake to frrve you in ic, and lofcth ir, the Law or cufiomc of the Countrcy is inHcad of a Con– tract: for if the Law or Cul\ome lay the lofs on him, it is fuppofed that he confented to it in con– ftnting to be your fcrvant: If it lay it on you , it is fuppofcd that you took your fervant on fuch terms of hazard. But if it be left undecided by Law and Cunome, -you may make your fervant pay only fo much as is a proportionable penalty for his fault, but no more, as any fatisfad:ion for your lo!S: except you agreed with him to repayfuch.lolfcs as were by his default. And when it is con– lidered what ftri/1 Juftice doth require, it mun alfo be confidered what Charity and mercy doth require; that the poo•· be not opprelfed. Tit.7.
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