Sermons and Discourses Volume 8, Sermon 12
SERMON XII.Ser. 12. The Nature and Neceſſity of Reſtitution. The Firſt Sermon on this Text.
LUKE XIX.8, 9.
And if I have taken any thing from any Man by falſe accuſation, I reſtore him fourfold. And Jeſus ſaid unto him, This day is Salvation come to this Houſe.
ONE particular and eminent Fruit of true Repentance, is the making of Reſtitution and Satisfaction to thoſe whom we have injured. As for God, we can make no Satisfaction and Compenſation to him, for the injuries we have done him by our Sins;Vol. 8. all that we can do in reſpect of God, is to confeſs our Sins to him, to make acknowledgment of our Miſcarriages, to be heartily trroubled for what we have done, and not to do the like for the future. But for Injuries done to men, we may in many Caſes make Reparation and Satisfaction. And this, as it is one of the beſt ſigns and evidences of a true Repentance; ſo it is one of the moſt proper and genuine effects of it: for this is as much as in us lies, to undo what we have done, and to unſin our Sins.
But, becauſe the practice of this Duty doth ſo interfere with the Intereſt of men, and conſequently it will be very difficult to convince men of their Duty in this particular, and to perſwade them to it; therefore I deſign to handle this particular Fruit and Effect of a true Repentance by it ſelf, from theſe words, which contain in them,
I. The Fruit and Effect of Zacheus his Converſion and Repentance; If I have taken any thing from any Man, I reſtore him fourfold.
II. The Declaration which our Saviour makes hereupon, of the truth of his Repentance and Converſion, and the happy ſtate he was thereby put into. And Jeſus ſaid unto him, This day is Salvation come to this Houſe, for as much as he alſo is the Son of Abraham; as if he had ſaid, By theſe Fruits and Effects it appears, that this is a Repentance to Salvation; and this Man whom you look upon as a ſinner and a heathen, may by better right call Abraham Father, than any of you formal Phariſees and Jews, who glory ſo much in being the children of Abraham.
I. The Fruit and Effect of Zacheus's Converſion and Repentance; If, &c.
This Zacheus, as you find at the 2d. verſe, was Chief of the Publicans, which was an Office of great Odium and Infamy among the Jews, they being the Collectors of the Tribute which the Roman Emperor, under whoſe Power the Jews then were, did exact from them. And becauſe theſe Publicans farmed this Tribute of the Emperour at a certain Rent, they made a gain out of it to themſelves, by exacting and requiring more of the People than was due upon that account; ſo that their calling was very infamous, upon three accounts.
1. Becauſe they were the Inſtruments of oppreſſing their Country-men; for ſo they looked upon the Tax they paid to the Romans, as a great oppreſſion.
2. Becauſe they were forced by the Neceſſity of their calling to have familiar Converſation with Heathens, whom they lookt upon as ſinners. Hence the Phraſe uſed by the Apoſtle, of Sinners of the Gentiles. And hence likewiſe probably it is, that Publicans and Sinners, Publicans and Heathen, are joyned ſeveral times together, becauſe of the occaſions of frequent Converſe which the Publicans had with Heathens.
3. But principally they were odious, becauſe of the common injuſtice and oppreſſion, which they uſed in the management of their Calling, by fraud and violence extorting more than was due, to inhance the profit of their Places. Hence it is, that this ſort of Officers have been generally branded, and reckoned among the worſt ſort of men. So he in the Comedy, foreign, all Publicans are Rapacious or Robbers. And this is moſt probably the Sin which Zacheus here repents of, and in regard to which he promiſes Reſtitution, foreign, And if I have taken any thing from any Man by falſe accuſation; ſo we render the words in our Tranſlation: but the word foreign ſignifies more generally, If I have been injurious to any one, if I have wronged any Man, as appears by the conſtant uſe of this word by the LXX, who by this word do tranſlate the moſt general Hebrew words, which ſignifie any kind of Injury or Oppreſſion, either by fraud or violence or calumny. So that there is no Reaſon here to reſtrain it, to wronging men by falſe accuſation: for Zacheus his Sin being in all probability extorting more than was due, this might as eaſily be done many other ways, as by falſe accuſation. And that this was the common Sin of the Publicans, appears by the Counſel which John the Baptiſt gives them, Luke 3.12, 13. Then came alſo the Publicans to be Baptized, and ſaid unto him, Maſter, what ſhall we do? And he ſaid unto them, Exact no more than that which is appointed you; that is, do not by fraud or violence extort from any Man, any more than the Tribute which is laid upon him.
So that Zacheus here promiſeth, that if he had been injurious to any Man in his Office, by extorting more than was due, he would reſtore to him fourfold. And if Zacheus calculated his Eſtate right, and intended to reſerve any part of it to himſelf, which is but reaſonable to ſuppoſe; it could be no very great part of his Eſtate which was injuriouſly got; and I am afraid a far ſmaller proportion than many are guilty of, who yet paſs for very honeſt men in compariſon of the Publicans. The Text ſaith, he was a rich Man. Suppoſe he was worth ten or twelve thouſand Pounds; half he gives to the Poor; That was well got, or elſe his whole Eſtate could not have made fourfold Reſtitution for it. Suppoſe he reſerved a thouſand or two to himſelf, then at the rate of reſtoring fourfold, not above a thouſand can be injuriouſly got, that is about a Penny in the Shilling. I am afraid that now a-days there are few ſuch moderate Oppreſſors: nay, it is poſſible the proportion of his Eſtate injuriouſly got might be much leſs: more it could not eaſily be. But whatever it was, he does not plead that by way of excuſe for himſelf; he freely confeſſeth he had ſinned in this kind, and offers Reſtitution to the utmoſt, much more than the Law did require in ſuch Caſes.
II. You have the Declaration our Saviour makes hereupon, of the truth of his Repentance and Converſion, and the happy ſtate he was thereby put into, This day is Salvation come to this Houſe.
The Obſervation I ſhall make from hence is this, That Reſtitution and Satisfaction for the Injuries we have done to others, is a proper and genuine Effect of true Repentance. I know the Text only ſpeaks of Reſtitution in Caſe of Oppreſſion and Exaction: but becauſe there is the ſame Reaſon why Reſtitution ſhould be made for all other Injuries, I think I may without any force or violence to my Text, very well make it the Foundation of a more general Diſcourſe concerning Reſtitution.
In the handling of this, I ſhall,
Firſt, Open to you the Nature of this Duty.
Secondly, Confirm the truth of the Propoſition, by ſhewing the Neceſſity of it.
Thirdly, Endeavour to perſwade men to the diſcharge of this Neceſſary Duty.
Firſt. For the opening the Nature of this Duty, I will conſider,
I. The Act.
II. The Latitude or Extent of the Object, as I may call it, or the Matter about which it is converſant.
III. The Manner how it is to be done.
IV. The Meaſure of it.
V. The Perſons who are bound to make Reſtitution; and to whom it is to be made.
VI. The time in which it is to be done.
VII. The Order of doing it, where more are injured, and Reſtitution cannot be made at once to all.
I. For the Act. Reſtitution is nothing elſe but the making Reparation or Satisfaction to another, for the Injuries we have done him. It is to reſtore a Man to the good Condition, from which, contrary to Right and to our Duty, we have removed him. Reſtitution is only done in Caſe of Injury. Another Man may be damaged and prejudiced by us many ways, and we not be bound to make Reſtitution; becauſe there are many Caſes, wherein a Man deſerves the prejudice we do to him. As when we are Inſtruments of inflicting upon a Man the Puniſhment which the Law doth Sentence him to. And there are many Caſes wherein we may be prejudicial to others, and cannot help it. As a Man that is ſick of a Contagious Diſeaſe, may infect others that are about him: but he is not injurious to them; becauſe it is not his fault, but his infelicity.
II. For the Latitude and Extent of the Object, as I may call it, or the matter about which it is Converſant. It extends to all kind of Injuries, which may be reduced to theſe two Heads, either we injure a Perſon with or without his conſent.
1. Some Injuries are done to Perſons with their Conſent. Such are moſt of thoſe Injuries which are done to the Souls of men, when we command, or counſel, or incourage them to Sin, or draw them in by our Example. For the Maxim Volenti non fit injuria, There's no injury done to a Man that is willing, is not ſo to be underſtood, as that a Man may not in ſome ſort conſent to his own wrong: for abſolute freedom and willingneſs ſuppoſeth that a Man is wholly left to himſelf, and that he underſtands fully what he does. And in this Senſe no Man Sins willingly, that is, perfectly knowing and actually conſidering what he does; and Commands, and Perſwaſion, and Example are a kind of Violence: but none of theſe hinder, but that a Man in theſe Caſes may ſufficiently conſent to what he does. But yet he is not ſo perfectly free, as to excuſe him that draws him into Sin by theſe ways. So likewiſe when a Man refuſeth to do that which is his Duty without a Reward; for inſtance, to do Juſtice to another; he is injurious in ſo doing: but yet not altogether without the conſent of him whom he injures.
2. Injuries are done to Perſons without their conſent. And theſe, tho' are not always the greateſt Michiefs, yet they are the greateſt Injuries. And theſe Injuries are done either by fraud and cunning, or by violence and oppreſſion; either by over-reaching another Man in Wit, or over-bearing him by Power. And theſe uſually either reſpect the Bodies of men, or their Eſtates, or their good Name. The Bodies of men. He that maims another, or does him any other Injury in his Limbs or Health, either by fraud or force, is bound, ſo far as he is able, to make Reparation for the Injury. Or they reſpect the Eſtates of men. If by cunning, or by violence, or by falſe Teſtimony or Accuſation, thou haſt hinder'd a Man of any Benefit, which otherwiſe would have come to him, thou art bound to Reſtitution. If by thy Power or Intereſt, by thy knowledge in the Law, or skill in Buſineſs, thou haſt directly and avowedly helped and aſſiſted another to do Injuſtice to his Neighbour, thou art bound to Reſtitution; tho' not as the principal, yet as the acceſſory. If thou haſt over-reached thy Brother in any Contract, making Advantage of his ignorance or unskilfulneſs; if thou haſt made a gain of his Neceſſity; if thou haſt by thy Power and Intereſt, or by any more violent and forcible way detained his Right, or taken away that which was his; thou art bound to make Reparation for theſe Injuries, to reſtore that which thou haſt borrowed, to return the pledge which thou haſt wrongfully kept, to releaſe unconſcionable Forfeitures, to pay debts, to make ſatisfaction for frauds and cheats, to take off all unjuſt invaſions and ſurprizals of Eſtates: yea tho' the fraud be ſuch that thou art not liable to make ſatisfaction by any Humane Law, yet thou art as much bound to it in Conſcience to God and thy Duty, as if thou hadſt ſtolen it, or taken it by violence from thy Neighbour. For in truth and reality, fraud is as great an Injury as violence, altho' Humane Laws cannot take Cognizance of it, ſo as to relieve every Man that is over-reached in a Bargain: nay of the two it is worſe; for whenever thou decieveſt a Man in this kind, thou doſt not only wrong him in Point of Eſtate, but thou abuſeſt his Underſtanding.
And ſo likewiſe in reſpect of a Man's Fame and Reputation. If thou haſt hurt any Man's good Name by ſlander or calumny, by falſe witneſs, by rendring him ridiculous, or any other way; thou art bound to give ſuch Satisfaction as the thing is capable of; or if there be any other Injury which I have not mentioned, thou art obliged to make Reparation for it.
III. As to the manner how Reſtitution is to be made.
1. Thou art bound to do it voluntarily, and of thy own accord; tho' the Perſon injured do not know, who it was that did him the Injury, tho' he do not ſeek Reparation by Law. When a Man is forced by Law to make Reſtitution, it is not a Virtue, but Neceſſity; this is not a Fruit of Repentance and a good Mind, but of good Law. And that thou doſt not do it, unleſs the Law compel thee to it, is an Argument thou wouldſt not have done it, if thou couldſt have avoided it. And tho' the thing be done, yet thou haſt not done it, but the Law; and unleſs thou heartily repent of thy Crime, the Injury ſtill lies at thy Door, and in God's account thou art as guilty as if no Reſtitution had been made. Not that thou art bound in this Caſe to make new Reſtitution over again; but thou art bound to bewail thy neglect, that thou didſt not do it voluntarily and without the compulſion of the Law.
2. Thou muſt do it in kind, if the thing be capable of it, and the injur'd Party demand it. Thou muſt reſtore the very thing which thou hadſt deprived thy Neighbour of, if it be ſuch a thing as can be reſtored, and be ſtill in thy Power; unleſs he voluntarily accept of ſome other thing in exchange.
3. If thou canſt not reſtore it in kind, thou art bound to reſtore it in value, in ſomething that is as good. As for ſpiritual Injuries done to the Souls of men, we are bound to make ſuch Reparation and Compenſation as we can. Thoſe whom we have drawn into Sin, and engaged in wicked Courſes, by our influence and example, or by neglect of our Duty towards them, we are ſo far, as becomes the Relation we ſtand in to them, to make acknowledgement of our fault, to endeavour by our Inſtruction and Counſel to reclaim them from thoſe Sins which we led them into, and to recover them out of the ſnare of the Devil; and ſhould never be at reſt till we have done as much or more for the furtherance of their Salvation, and helping them forwards towards Heaven, as we did contribute before to their Ruin and Deſtruction. If we have violated any ones Chaſtity, we are bound to Marry them, if it was done upon that Condition, and if they require it: thou art bound to keep and maintain thoſe Children which are the Fruit of thy Luſt, and to make Reparation to the Perſon whom thou haſt injured, by Dowry or otherwiſe.
If thou haſt defrauded and injured any Man in his good Name, thou art obliged to make him a Compenſation, by acknowledgment of thy fault, by a ſtudious vindication of him, and by doing him honour and repairing his Credit in all fitting ways. And if the Injury be irreparable (as it frequently happens, that we can hardly ſo effectually vindicate a Man, as we can defame him; and it is ſeldom ſeen that thoſe wounds which are given to mens Reputation are perfectly healed) I ſay if the injury be irreparable, eſpecially if it prove really prejudicial to a Man in his Calling and Civil Intereſt; if no other Satisfaction will be accepted, it is to be made in Mony, which, Solomon ſays, anſwers all things; and the rather, becauſe the Reaſon and Equity of humane Laws hath thought fit to aſſign this way of Satisfaction in many Caſes upon Actions of Scandal and Defamation. And whatever the Law would give in any Caſe, if it could be proved, that is the leaſt we are bound in Conſcience to do, when we are guilty to our ſelves, tho' the Law cannot take hold of us.
So likewiſe, if thou haſt wounded a Man, thou art bound to pay the Cure, to repair to him and his Relations the Diſability for his Calling and his way of Livelyhood and Subſiſtance, which he hath contracted by thy injury. And ſo for falſe Impriſonment, the real Detriment which comes to him by it, is to be made amends for: and ſo in all other Caſes, the injured Perſon is, ſo far as is poſſible, to be reſtored to the good Condition in which he was before the Injury.
IV. As to the Meaſure and Proportion of the Reſtitution we are to make. Zacheus here offers fourfold, which was much beyond what any Law required in like Caſes. The Meaſure of Reſtitution by the Judicial Law of the Jews, did very much vary according to the kind and degree of the injury. In ſome Caſes a Man was only bound to ſimple Reſtitution; but then he was to do it to the full, Exod. 22.5, 6. And ſo if that which is another Man's be delivered unto his Neighbour to keep, and be ſtolen from him, he is to make Reſtitution thereof, Ver. 12. And ſo if a Man borrow ought of his Neighbour, and it be hurt or die, the owner thereof not being with it, he ſhall ſurely make it good, Ver. 14. But for all manner of treſpaſſes by way of theft, whether it be for Ox, for Aſs, for Sheep, for Rayment, or for any manner of loſt thing, which another challengeth to be his, He whom the Judge ſhall condemn, ſhall pay double to his Neighbour, Ver. 9. that is, if it be of a living Creature, if the theft be found in his Hands alive, whether it be Ox or Aſs, or Sheep, he ſhall reſtore double, Ver. 4. But if a Man did ſteal an Ox or a Sheep, and did kill it or ſell it, he was to reſtore five Oxen for an Ox, and four Sheep for a Sheep. And thus we find David judged upon Nathan's Parable of the Rich Man, who had taken the Poor Man's only Lamb, and kill'd and dreſt it for a Traveller that came to him, 2 Sam. 12.6. He ſhall reſtore the Lamb fourfold. Now the Reaſon of this ſeems to be partly becauſe of the advantage and uſefulneſs of thoſe Creatures above any oother; and partly becauſe when they were once kill'd or alienated, a Man could not without great trouble and difficulty make Diſcovery, which hazard of not diſcovering ſeems to be accounted for in the Reſtitution: but if a Man did voluntarily offer Reſtitution, before he was proſecuted, for any thing that was taken by violence, or unjuſtly detained from his Neighbour, then he was only to reſtore the principal, and to add a fifth part thereto, and to offer up an Offering to the Lord, and ſo his atonement was made, Levit. 6.1. &c.
So that the higheſt proportion was a fourth or fifth part, and that only in the particular Caſe of Sheep or Oxen ſtolen away, and kill'd or alienated afterwards. Indeed Solomon ſpeaks of a ſevenfold Reſtitution, Prov. 6.31. Where he ſaith, If a thief be found, he ſhall reſtore ſevenfold, even all the ſubſtance of his Houſe; where ſeven is only a number of Perfection, and the meaning is, he ſhall make perfect and full Reſtitution according to the Law, ſo far as his Subſtance or Eſtate will reach.
So that it ſeems Zacheus in reſtoring fourfold did out-do the utmoſt ſeverity of the Law; which in Caſe of fraud and oppreſſion was but double, if demanded; if voluntarily offer'd, was the principal and a fifth part added: but to teſtifie the truth of his Repentance, and his hearty Sorrow for the injuries he had done, he puniſheth himſelf beyond what the Law would have done.
I do not ſay that this Example binds as to this meaſure and proportion: nay, I do not ſay we are bound to the proportions of the Law; for that only concerned the Nation of the Jews: but altho' we be free from the Letter of the Law, yet we are tyed to the Equity of it. As to the ſubſtance of the Duty of Reſtitution, we are bound to that by the Law of Nature. As to the Meaſure and Proportion, the Equity of the Judicial Law in its Proportions, and of Zacheus his Example, ought to be conſiderable to us.
But to ſpeak more particularly concerning the Meaſures and Proportions of Reſtitution, I ſhall lay down theſe Propoſitions.
1. Where Reſtitution can be made in Kind, or the Injury can be certainly valued, we are to reſtore the thing, or the value.
2. We are bound to reſtore the thing, with the natural increaſe of it, that is, to ſatisfie for the loſs ſuſtained in the mean time, and the gain hinder'd.
3. Where the thing cannot be reſtored, and the value of it is not certain, we are to give reaſonable Satisfaction, that is, according to a middle eſtimation; not the higheſt, nor the loweſt of things of the kind. The injur'd Perſon can demand no more, and ſtrict Juſtice requires no more. But it is ſafe for him that hath done the injury, rather to exceed than to fall ſhort.
4. We are at leaſt to give by way of Reſtitution what the Law would give; for that is generally equal, and in moſt Caſes rather favourable than rigorous.
5. A Man is not only bound to Reſtitution for the injury which he did, but for all that directy follows upon his injurious Act, tho' it were beyond his intention. For the firſt injury being wilful, thou art preſumed to will all that which directly followed upon it; according to that rule, Involuntarium ortum ex voluntario cenſetur pro voluntario. We are preſumed to will that which follows upon a voluntary action, tho' we did not intend it. For inſtance, if a Man maliciouſly and knowingly ſet fire upon another Man's Houſe, tho' he intended only an injury to that particular Perſon, yet if a wind come and drive the fire to his Neighbours at ſome diſtance, tho' he did not intend this, yet becauſe the firſt Act was unlawful, he is liable to ſatisfie for all the direct conſequences of it. If a Man wound another without any intention of killing him, and the wound prove Mortal, tho' there was no probability that Death would enſue upon it, the Man is bound, becauſe the firſt Act was injurious, to make Reparation to his Relations for the damage they ſuſtain by his Death; and if they did depend ſolely upon him, who died by ſuch injury, thou art bound to maintain them.
6. Becauſe thoſe who have lived in a Trade and Courſe of Injuſtice, can hardly remember all the particular injuries they have done, ſo as to make exact Satisfaction for them, it will not be amiſs over and beſides to give ſomething to the Poor. So Zacheus does here, Half of my Eſtate I give to the Poor, and if I have taken any thing, &c.
V. The Perſons who are concern'd in Reſtitution. And here I ſhall conſider,
Firſt, The Perſons who are bound to make Reſtitution.
Secondly, The Perſons to whom it is to be made.
Firſt, The Perſons who are bound to make Reſtitution. In general, they who have done the injury, or they who come into their ſtead, ſo as in Law or Equity the Injury devolves and deſcends upon them. But for the clearer ſtating of this, I ſhall lay down ſeveral Propoſitions, which may ſerve to reſolve a great many Caſes, that may be put concerning Perſons obliged to make Reſtitution.
1. If the Injury be done ſolely by one, without Complices and Partakers in the Crime, he alone is reſponſible, and wholly bound to make Satisfaction; I mean, he only is bound ſo long as he lives, but if the injury deſcend as a burden upon the Eſtate, then he who enjoys the Eſtate becomes bound to make Satisfaction; as I ſhall ſhew afterwards.
2. If the Injury was done by more, who did all equally concur to the doing of it, they are all equally bound to make Satisfaction; and they are bound to concur together to that Purpoſe; and in Caſe of ſuch concurrence, every one is not bound to ſatisfie for the whole, but pro ratâ parte, for his ſhare; provided they do among them make full Satisfaction.
3. If all will not concur, thoſe that are willing are bound among them to make Reparation for the Injury: nay, if all the reſt refuſe to joyn with thee in it, thou art bound in ſolidum to make full Reparation ſo far as thou art able; becauſe every one was guilty of the whole Injury. For inſtance, if four men conſpire together to cheat a Man, or to rob him, any one of theſe, if the reſt refuſe, is bound to make entire Satisfaction; yea, tho' he was only partaker in the Benefit; becauſe, as I ſaid before, he is guilty of the whole Injury.
4. If the Injury be done by more, who do unequally concur to the doing of it, he that is Principal is chiefly and principally bound to make Satisfaction: and here I do not take Principal, ſtrictly in the Senſe of the Law, but in the Senſe of Equity; not for him always who is the more immediate cauſe of the Injury, but for him who was the greateſt cauſe, and by whoſe influence chiefly it was procured and done: but if the principal will not, the Acceſſories and Inſtruments are bound, at leaſt for their ſhare, and according to the proportion of the Hand they had in it. But if the Principal do ſatisfie in the name, and upon the account of the reſt, then the Acceſſories are free from any Obligation to Reſtitution, and are only bound to Repentance.
5. If the Injury devolve upon another, by deſcending as a burden upon the Eſtate, he who enjoys the Eſtate is bound to make Satisfaction. And when Injuries do thus deſcend as Burdens and Incumbrances upon Eſtates, and when not, the Civil Laws of the place where we live muſt determine: but then where my Caſe falls within the compaſs of the Law, I am bound voluntarily to ſatisfie without the Compulſion of the Law. For inſtance, If an Eſtate fall to me charged with a debt, which hath been unjuſtly detained, I am bound voluntarily to diſcharge the debt, ſo ſoon as it appears to me, before I am compell'd thereto by the Law.
6. As for Perſonal Injuries which do not lie as Burdens upon the Eſtate, nor do by the Law deſcend upon the Son or Heir, tho' in ſtrict Juſtice a Man be not bound to make Compenſation for them, for that would be endleſs, & infinitum in lege repudiatur, No Law can take notice of that which is infinite and endleſs; for quae exitum non habent habentur pro impoſſibilibus, Thoſe things which have no end, to which no bounds can be ſet, are eſteemed among things impoſſible, to which no Man can be obliged: but tho' in ſtrict Juſtice the Heir be not bound to make Reparation, for the Perſonal injuries of him whom he ſucceeds in the Eſtate, yet in many Caſes it is equitable, and generous, and chriſtian, for ſuch Perſons to make ſome kind of Reparation for palpable and notorious Injuries. For inſtance, If I be Heir to an Eſtate, part of which I know certainly was injuriouſly gotten, it is not only Chriſtian, but Prudent, to make Satisfaction in the Caſe to the party injur'd, if certainly known; if not, to give it to the Poor; for by this means I may take out the Moth, which was bred by injuſtice in the Eſtate, and rub off the Ruſt, that ſticks to the Gold and Silver, which was got by oppreſſion or fraud, and ſo free the remaining part of the Eſtate from that ſecret and Divine Nemeſis which attends it and follows it. And for the ſame Reaſon, it is very Noble and Chriſtian, for the Son and Heir of an unjuſt Father, to make ſome Reparation for his Father's injuries by Reſtitution, if the thing be capable of it: if not, by doing all good Offices to the injured Perſons, which is ſome kind of Compenſation. And in this Caſe the Obligation is greater, becauſe by this means a Man does not only do what in him lies, to cut off the curſe, which by his Father's oppreſſion and injuſtice is intail'd upon the Family and Eſtate: but likewiſe, becauſe a Son ought much more to be concern'd for his Father, than any other Perſon, and to conſult the Honour and Reputation both of him and his own Family; and the Reparation which the Son makes, is in ſome ſort the Father's Act, becauſe he ſucceeds him and comes into his ſtead.
Secondly, As to the Perſons to whom Satisfaction is is to be made. For the Reſolution of thoſe Caſes which may fall under this Head, I ſhall lay down theſe Propoſitions.
1. If the injured Perſon be certainly known, and be alive and extant, the Satisfaction is to be made to him.
2. If he be not alive, or which is all one, not to be found or come at, Satisfaction is to be made to his neareſt Relations, his Wife, or Children, or Brothers, or other neareſt Kindred. The Reaſon is, becauſe Satisfaction being due, and I having no right to keep that which I have injuriouſly gotten, if I cannot reſtore it to the Party himſelf, I ought in all Reaſon to place it there, where I may moſt reaſonably preſume the Party injur'd would have beſtowed his Eſtate, and this part of it among the reſt, had he been poſſeſſor of it. And by the ſame Reaſon that I am bound thus to reſtore the part of his Eſtate which I have injuriouſly taken or detained from him, I am likewiſe obliged to give Satisfaction to the ſame Perſon for any other injury: for to whomſoever I would pay a debt due to one that is deceaſed, to the ſame Perſon I ought to give Satisfaction for other injuries, by which a debt is, tho' not formally, yet virtually contracted.
3. If the Party injured be not certainly known, or have no near Relations known to me, in that Caſe I think it very adviſeable to give ſo much to the Poor, or to ſome Charitable uſe: or if the Party injured be not capable of proper Satisfaction, as ſometimes it is a Community and Body of men that we have injured, in this Caſe it is proper to repair the injuries to Communities or Bodies of men, by equivalent good Offices, or by ſome publick good Work, which may be of common Benefit and Advantage. This is the Fifth thing I propoſed to ſpeak to, the Perſons concern'd in Reſtitution; both the Perſons who are bound to make Reſtitution, and the Perſons to whom it is to be made. Of the reſt hereafter.