"mafters, do the fame thing unto them, forbearing threatening; knowing that your mafter also "is in heaven; neither is there respect of per"fons with him." The idea of referring their fervice to God, of confidering him as having appointed them their task, that they were doing his will, and were to look to him for their reward, was new; and affords a greater fecurity to the master than any inferior principle, because it tends to produce a fteady and cordial obedience, in the place of that conftrained fervice, which can never be trufted out of fight, and which is juftly enough called eye-fervice. The exhortation to masters, to keep in view their own fubjection and accountableness, was no less seasonable.

CHA P. XII.

CONTRACTS OF LABOUR.

COMMISSIONS.

WHOEVER undertakes another man's

business, makes it his own, that is, promises to employ upon it the fame care, attention, and diligence, that he would do if it were actually his own; for he knows that the bufinefs was committed to him with that expectation. And he promises nothing more than this. Therefore an agent is not obliged to wait, inquire, folicit, ride about the country, toil, or ftudy, whilft there remains a poffibility of benefiting his employer. If he exert fo much of his activity, and ufe fuch caution, as the value of the business, in his judgment, deferves, that is, as he would have thought fufficient if the fame intereft of his own had been at stake, he has difcharged his duty, although it should afterwards

wards turn out, that by more activity, and longer perfeverance, he might have concluded the business with greater advantage.

This rule defines the duty of factors, stewards, attornies, and advocates.

One of the chief difficulties of an agent's fituation is, to know how far he may depart from his inftructions, when, from fome change or discovery in the circumftances of his commiffion, he fees reason to believe that his employer, if he were prefent, would alter his intention. The latitude allowed to agents in this respect will be different, according as the commiffion was confidential or minifterial; and according as the general rule and nature of the service require a prompt and precise obedience to orders, or not. An attorney sent to treat for an eftate, if he found out a flaw in the title, would defift from propofing the price he was directed to propofe; and very properly. On the other hand, if the commander in chief of an army detach an officer under him upon a particular fervice, which fervice turns out more difficult, or less expedient, than was fuppofed, in fo much that the officer is convinced that his commander, if he were acquainted with the true state in which the affair is found, would recall his orders, yet

mufl

must this officer, if he cannot wait for fresh di rections, without prejudice to the expedition he is fent upon, purfue, at all hazards, thofe which he brought cut with him.

What is trufted to an agent may be loft or damaged in his hands by misfortune. An agent who acts without pay is clearly not anfwerable for the lofs; for, if he give his labour for nothing, it cannot be prefumed that he gave alfo fecurity for the fuccefs of it. If the agent be hired to the bufinefs, the queftion will depend upon the apprehenfion of the parties at the time of making the contract; which apprehenfion of theirs must be collected chiefly from custom, by which probably it was guided. Whether a publit carrier ought to account for goods fent by him; the owner or mafter of a fhip for the cargo; the poft-office for letters, or bills inclofed in letters, where the lofs is not imputed to any fault or neglect of theirs; are questions of this fort. Any expreffion, which by implication amounts to a promife, will be binding upon the agent, without cuftom; as where the proprietors of a stage-coach advertise, that they will not be accountable for money, plate, or jewels, this makes them accountable for every thing elfe; or where the price is too much for the labour, part

of

ance.

of it may be confidered as a premium for infurOn the other hand, any caution on the part of the owner to guard against danger, is evidence that he confiders the rifk to be his; as cutting a bank bill in two, to fend by the poft at different times.

Univerfally, unless a promise, either express or tacit, can be proved against the agent, the lofs muft fall upon the owner.

The agent may be a fufferer in his own perfon or property by the bufinefs which he undertakes; as where one goes a journey for another, and lames his horfe, or is hurt himself, by a fall upon the road; can the agent in fuch cafe claim a compenfation for the misfortune? Unless the fame be provided for by exprefs ftipulation, the agent is not entitled to any compenfation from his employer on that account: for where the danger is not forefeen, there can be no reason to believe, that the employer engaged to indemnify the agent against it: much lefs where it is forefeen for whoever knowingly undertakes a dangerous employment, in common conftruction takes upon himself the danger and the confequences; as where a fireman undertakes for a reward to rescue a box of writings from the flames; or a failor to bring off a paffenger from a fhip in a storm.

8

CHAP.