Quest. III. May I desire to find money or any thing else in my way? or may I be glad when I have found it?
Answ. You should first be unwilling that your neighbour should lose it, and be sorry that he hath lost it; but supposing that it be lost, you may moderately desire that you may find it rather than another; not with a covetous desire of the gain; but that you may faithfully gratify the owner in restoring it, or if he cannot be found may dispose of it as you ought. And you should be more sorry that it is lost, than glad that you find it, except for the owner.
Quest. IV. If no owner can be found, may I not take it and use it as mine own?
Answ. The laws of the land do usually regulate claims of propriety in such matters. Where the law giveth it to the lord of the manor, it is his, and you must give it him. Where it giveth it to no other, it is his that findeth it; and occupancy will give him propriety. But so as it behoveth him to judge, if he be poor, that God's providence ordered it for his own supply; but if he be rich, that God sent it him but as to his steward, to give it to the poor.
Quest. V. If many be present when I find it, may I not wholly retain it to myself; or may I not conceal it from them if I can?
Answ. If the law overrule the case, it must be obeyed; but if it do not, you may, if you can, conceal it, and thereby become the only finder, and take it as your own, if the owner be not found: but if you cannot conceal it at the time of finding, they that see it with you, are partly the finders as well as you; though perhaps the largest share be due to the occupant.
Quest. VI. If I trust my neighbour or servant with money or goods, or if another trust me, who must stand to the loss if they be lost?
Answ. Here also the law of the land as regulating proprieties must be very much regarded; and especially the true meaning of the parties must be understood: if it was antecedently the expressed or implied meaning that one party in such or such a case should bear the loss, it must in strict justice be according to the true meaning of the parties. Therefore if a carrier that undertaketh to secure it, loseth it, he loseth it to himself. Or if one that it is lent to on that condition (explicit or implicit) lose it, it is to himself. But if a friend to whom you are beholden for the carriage, lose it, who undertook no more than to bestow his labour, the loss must be yours; yea, though it was his negligence or drunkenness that was the fault; for you took him and trusted him as he is. But if a servant, or one obliged to do it by hire, do without any other agreement, only undertake to serve you in it, and loseth it, the law or custom of the country is instead of a contract; for if the law or custom lay the loss on him, it is supposed that he consented to it in consenting to be your servant; if it lay it on you, it is supposed that you took your servant on such terms of hazard. But if it be left undecided by law and custom, you may make your servant pay only so much as is a proportionable penalty for his fault, but no more, as any satisfaction for your loss; except you agreed with him to repay such losses as were by his default. And when it is considered what strict justice doth require, it must also be considered what charity and mercy do require, that the poor be not oppressed.
Tit. 7. Directions to Merchants, Factors, Chaplains, Travellers, that live among Infidels.
Quest. I. Is it lawful to put oneself, or servants, especially young unestablished apprentices, into temptations of an infidel country, (or a popish,) for the getting of riches, as merchants do?[159]