danger of torment and death: when you, that are a Christian, slip away from your oath.

CASE IX.

Whether those monies or goods, which I have found, may be safely taken and kept by me to my own use?

It is well distinguished, by Sotus, out of Aquinas, That those things, which may be found, are either such, as call no man master, as some pearl, or precious stone, or ambergris lying upon the shore; or, such, as have an owner, but unknown to us; or, as we may add, to make up the number complete, such, as whose owner we know.

:

Where the true owner is known, speedy restitution must follow otherwise, the detention is in the next door to theft. Where the commodity found hath no owner, it justly falls to the right of the first finder: for both the place and the thing are masterless (adespota) and common; offering themselves to the next comer.

The only difficulty is, in those things, which have an unknown owner. And, certainly, common justice, and honesty, suggests to us, that we may not seize on commodities of this kind, as absolutely our own. The casualty of their mis-laying, doth not alter their propriety: they are still his, that lost them; though out of his sight, yet not out of his right: and even natural justice would give every man his own.

The Laws both Civil, and Canon, and Municipal do sufficiently guide our practice, in many particular cases of this nature; and our Conscience must lead us to follow them.

If they be quick commodities; as horses, sheep, kine, and the like, which we call Waifs and Strays; every one knows they are to be publicly impounded, that, upon search, the owner may be the surer to find them: and if he come not in, the sooner, to be openly cried in several markets, that the noise of his own neglected goods may come to his ear: and if, upon a continuing silence, they be put into the custody of the Lord of the Manor, who is most likely to be responsible, and he shall make use of them before his year and day be expired, he shall not do it without some mark of distinction; that yet the true owner may know, they are not challenged by the present possessor as his own, but lie open to the just claim of their

true master.

But, if they be dead commodities; as a jewel, a purse, or some ring of price, or the like; the finder may not presently

smother up the propriety of it in his own coffer. His heart tells him, that the mere accident of his finding it, cannot alienate the just right of it from the true owner: he is, therefore bound in conscience, in an honest sincerity to use all good means, for the finding out of the right proprietary; whether by secret inquiry, or open publication: and if, after due inquisition, no claim shall be made to it for the present, he shall reserve it in his hand, in expectation of a just challenge; upon the assurance whereof, how late soever, he is bound to restore it to the proper owner: who, on the other side, shall fail in his duty of gratitude, if he return not some meet acknowledgment of that good office and fidelity.

In all which mutual carriages, we ought to be guided by those respects, which we could wish tendered to ourselves in the like occasions.

Mean while, in all the time of our custody, we are to look upon those commodities as strangers; making account of such a potential right only in them, as we are ready and desirous to resign to the hands that purchased and lost them.

On the contrary, no words can express the horrible cruelty and injustice, that is wont to be done in this kind, not only on our shores, but in other nations also, upon the shipwrecked goods, both of strangers and our own compatriots; while, instead of compassioning and relieving the loss and miseries of our distressed brethren, every man is ready to run upon the spoil; and, as if it were from some plundered enemy, is eagerly busy in carrying away what riches soever come to hand; which they falsely and injuriously term " God's grace," when as indeed it is no other than the Devil's booty. This practice can pass for no other than a mere robbery: so much more heinous, as the condition of the miscarried owner is more miserable. What a foul inhumanity is this, to persecute him, whom God hath smitten; and, upon no other quarrel, to be cruel to our brother, than because the sea hath been merciless!

Dear Countrymen, ye especially of the West, leave these abominable pillages to savage nations, that know not God: and, putting on the bowels of tender compassion, lend your best succour, rather for the rescue of poor wrecked souls; and safely preserving that small residue of their drowned freight, which you cannot imagine that the sea hath therefore forborne to swallow, that you might.

CASE X.

Whether I may lawfully buy those goods, which I shall strongly suspect or know to be stolen or plundered; or, if I have ignroantly bought such goods, whether I may lawfully, after knowledge of their owner, keep them as mine.

To buy those goods, which you know or have just cause to suspect to be stolen or plundered, is no better than to make yourself accessary to the theft; if you do it with an intention to possess them as your own: for, what do you else herein, but ex-post-facto partake with that thief, who stole them; and encourage him in his lewd practices? since, according to the old word, "If there were no receivers, there would be no thieves." Neither will it serve the turn, that, in the case of plunder, there may seem a pretence of justice; in that this is pleaded, perhaps, to be done by some colour of authority: for, certainly, where there is not law, there can be no justice: whereof law is the only rule. Whatever, then, is against an established law, in matter of right possession, can be no other than unjust. Take heed, therefore, lest that heavy challenge of the Almighty be, upon this bargain, charged upon you? When thou sawest a thief, thou consentedst with him; Ps. 1. 18. These stolen waters may be sweet in the mouth, but they will be poison in the maw; and, like the water of a just jealousy, rottenness to the belly.

But if, as these ill-gotten goods are lightly cheap pennyworths, you buy them only with an intention to gratify the true owner, with an easy purchase of his own, which would perhaps else be unrecoverable; while your profession to do it for no other end takes off the scandal, I cannot but allow your act, and commend your charity.

But if, making use of that rule which St. Paul gives for meat, in bargaining for any other commodities, you shall extend your liberty to whatsoever is sold in the market; and shall, in the exercise of that freedom, upon a just and valuable consideration, ignorantly buy those goods, which you afterwards hear and know to be another's; the contract is, on your part, valid and faultless, since your invincible want of knowledge acquits you from any guilt of consent. But, withal, there is an aftergame to be played by you: you are bound, upon just notice, to acquaint the true owner with the matter; and to proffer yourself ready to join with him, in the prosecution of law or justice the offender, and upon a meet satisfaction to tender him his own.

upon

But, if the theft be only on probability, and it be doubtful

whether the goods belong to the owner notified to you, your duty is to make diligent inquiry into the business; and if, upon due inquisition, you find too much likelihood of the theft, I dare not advise you, with some Casuists, to reverse the bargain, and to return the commodity to those false hands that purloined it but rather to call the probable owner; and, with him, to appeal unto just authority, for a more full examination of the right, and an award answerable to justice; but, if there appear no good grounds for an impeachment, you may peaceably sit down in the possession, till further evidence may convince your judgment in the contrary.

RESOLUTIONS.

THE SECOND DECADE.

CASES OF LIFE AND LIBERTY.

CASE I.

Whether, and in what cases, it may be lawful for a man to take away the life of another?

How light a matter soever it may seem to the world, now long soaked in blood, a man's life is most precious; and may not, but upon the weightiest of all causes, be either taken or given away.

The Great God hath reserved to himself this prerogative, to be the only absolute Lord of it: neither can any creature have power to command it; but those only, to whom he hath committed it, by special deputation: nor they neither, by any independent or illimited authority; but according as it is regulated by just laws: to call for a man's life merely out of will, is no other than a Turkish tyranny.

Now the same God, that hath ordained sovereign powers to judge of and protect the life of others, hath given weighty charge to every man, to tender and manage his own; which binds him to use all just means for his own preservation, although it should be the necessitated destruction of another.

Let us see, therefore, how far, and in what cases, man, that is always appointed to be the master of his own life, may be also master of another man's.

That public justice may take away the life of heinous malefactors, is sufficiently known, to be not lawful only, but required; and, indeed, so necessary, that without it there were no living at all amongst men.

That, in a just war, the life of an open enemy may be taken away, is no less evident.

The only question is, of private men, in their own cases.

And, here, we need not doubt to say, that even a private