39. On Cooperation with Respect to Justice

Aurelius, a bookkeeper for a certain merchant, writes the books of merchandise and commerce, recording daily in them what is given and received, expenses made, sales, and other contracts. Hence Aurelius knows well that the merchant, who before him and before others simulates by every art that he is an altogether honest man and merchant, proceeds, on the contrary, often with bad faith and fraud, deceives buyers and defrauds partners in commerce. It is indeed difficult for Aurelius to find another merchant, or anyone else, with whom he can exercise his office. But if he himself leaves the office, very many others are already prepared to undertake it.

Q. Can Aurelius continue in such an office?

R. The transcription of what is given and expended, and also of the various contracts, indeed of itself influences nothing in the merchant's frauds. For it supposes these as already done. Wherefore no cooperation in those frauds can be had from this. Nor indeed does the merchant become bolder from this, nor is he confirmed in his frauds, since he thinks that he is held by Aurelius and others as an honest man. Nor likewise, if Aurelius leaves his office, will the aforesaid frauds therefore be impeded. Finally, grave inconvenience is present for Aurelius if he leaves the office. Therefore Aurelius is not held to leave an office of bookkeeper of this sort.

"He does not sin," says La-Croix, l. 2, n. 268, "who assists a usurer in counting monies, in writing bare accounts, which do nothing toward demanding usuries, in carrying a pledge for the security of usury, in friendly demanding usuries, lest the other seem unfaithful. The reason is that these suppose the sin, or merely accompany it, nor is the borrower unwilling with respect to these things. Nevertheless a notary sins when writing a usurious contract, because although the usurer consents, he himself acts against his oath, by which he is held not to serve in unjust acts. And the same is true of witnesses signing such a contract." And St. Alph., l. 2, n. 78, says: "He who assists a usurer only in counting monies, writing accounts, or in carrying a pledge, can be excused from sin by the sole reason of service; but otherwise if he demands usuries, because the demand is cooperation more proximate to the sin of the usurer, even if he demands amicably. But if he were to demand by force or threats, he would not only sin, but besides would be held to restitution."

Another question could be raised in the case, namely whether Aurelius is held to warn buyers and partners of the merchant and others defrauded by him, that they may be on guard for themselves. It seems that one must respond affirmatively, if nevertheless he himself can effect this, due caution having been preserved, without grave inconvenience to himself, and without scandal being provoked from it. For then, from charity, he is held, as much as he can, to impede grave harm to neighbor.