SERM." publicans and finners, publicans and heathens," CLXX. are joined several times together, because of the occafions of frequent converse which the publicans had with heathens.

3. But principally they were, odious, because of the common injustice and oppreffion, which they ufed 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 fort of officers have been generally branded, and reckoned among the worst fort of men. So he in the comedy, πάνες τηλῶναι, πάντες εἰσὶν ἅρπαγες, "all publicans are repacious or robbers." And this is most probably the fin which Zaccheus here repents of, and in regard to which he promises reftitution, τινὸς ἐσυκοφάντησα, and if I have taken any

thing from any man by falfe accufation;" fo we render the words in our translation: but the word

xopano fignifies more generally, "if I have "been injurious to any one, if I have wronged any "man," as appears by the conftant use of this word by the LXX, who by this word do translate the most general Hebrew words, which fignify any kind of injury or oppreffion, either by fraud or violence or calumny. So that there is no reason here to restrain it, "wronging men by falfe accufation:" for Zaccheus his fin being in all probability extorting more than was due, this might as easily be done many other ways, as by falfe accufation. And that this was the common fin of the publicans, appears by the counfel which John the Baptift gives them, Luke iii. 12, 15. "Then came also the publicans to be baptized, "and faid unto him, mafter, what fhall we do? "And he said unto them, exact no more than that "which is appointed you;" that is, do not by fraud

ог

or violence extort from any man, any more than the SERM. tribute which is laid upon him.

So that Zaccheus here promifeth, that if he had been injurious to any man in his office, by extorting more than was due, he would reftore to hiin fourfold. And if Zaccheus calculated his eftate right, and intended to referve any part of it to himself, which is but reasonable to fuppofe; it could be no very great part of his eftate which was injuriously got; and I am afraid a far fmaller proportion than many are guilty of, who yet pass for very honest men in comparison of the publicans. The text faith, he was a rich man. Suppofe 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 reftitution for it. Suppose he referved a thousand or two to himself, then at the rate of reftoring fourfold, not above a thousand can be injuriously got, that is about a penny in the fhilling. I am afraid that now a-days there are few such moderate oppreffors: nay, it is poffible that the proportion of his estate injuriously got might be much lefs; more it could not easily be. But whatever it was, he does not plead that by way of excufe for himfelf, he freely confeffeth he had finned in this kind, and offers reftitution to the utmoft, much more than the law did require in fuch cases.

II. You have the declaration our SAVIOUR makes hereupon, of the truth of his repentance and converfion, and the happy ftate he was thereby put into,

this day is falvation come to this houfe."

The obfervation I fhall make from hence is this, that reftitution and fatisfaction for the injuries we have done to others, is a proper and genuine effect of true repentance. I know the text only speaks of

VOL. IX.

refti

CLXX.

SERM. reftitution in cafe of oppreffion and exaction: but CLXX. because there is the fame reason why reftitution fhould

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 difcourfe concerning reftitution.

In the handling of this, I fhall,

First, open to you the nature of this duty. Secondly, confirm the truth of the propofition, by fhewing the neceffity of it.

Thirdly, endeavour to perfuade men to the dif charge of this neceffary duty.

First, for the opening the nature of this duty, I will confider,

I. The act.

II. The latitude or extent of the object as I may call it, or the matter about which it is converfant. III. The manner how it is to be done.

IV. The meafure of it.

V. The perfons who are bound to make reftitution; 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 reftitution cannot be made at once to all.

I. For the act. Reftitution is nothing elfe but the making reparation or fatisfaction to another for the injuries we have done him. It is to reftore a man to the good condition, from which, contrary to right and to our duty, we have removed him. Reftitution is only done in cafe 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 cafes, wherein a man deferves the prejudice we do to him. As when we are inftruments of inflicting upon a man the punishment which the law doth

fen

fentence him to. And there are many cafes wherein SERM.
we may be prejudicial to others, and cannot help it. As CLXX.
a man that is fick 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 conver-
fant. It extends to all kind of injuries, which may
be reduced to these two heads; either we injure a
person with or without his confent.

1. Some injuries are done to perfons with their confent. Such are most of those injuries which are done to the fouls of men, when we command, or counsel, or encourage them to fin, or draw them in by our example. For the maxim volenti not fit injuria, "there's no injury done to a man that is "willing," is not fo to be understood, as that a man may not in fome fort confent to his own wrong: for abfolute 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 fins willingly, that is, perfectly knowing and actually confidering what he does; and commands, and perfuafion, and example are a kind of violence: yet none of these hinder, but that a man in these cafes may fufficiently confent to what he does. But yet he is not fo perfectly free, as to excufe him that draws him into fin by these ways. So likewife when a man refuseth to do that which is his duty without a reward; for instance, to do juftice to another; he is injurious in fo doing: but yet not altogether without the confent of him whom he injures.

2. Injuries are done to perfons without their confent. And these, though they are not always the greateft mischiefs, yet they are the greatest injuries. And

Q 2

thefe

SERM. these injuries are done either by fraud and cunning, CLXX. or by violence and oppreffion; either by over-reach

ing another man in wit, or over-bearing him by power. And these usually either refpect the bodies of men, or their eftates, 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, fo far as he is able, to make reparation for the injury. Or they respect the eftates of men. If by cunning, or by violence, or by false testimony or accufation, thou haft hindered a man of any benefit, which otherwife would have come to him, thou art bound to reftitution. If by thy power or intereft, by thy knowledge in the law, or skill in business, thou haft directly and avowedly helped and affifted another to do injuftice to his neighbour, thou art bound to restitution; though not as the principal, yet as the acceffory. If thou haft over-reached thy brother in any contract, making advantage of his ignorance or unfkilfulness; if thou haft made a gain of his neceffity; if thou haft by thy power and intereft, 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 haft borrowed, to return the pledge which thou haft wrongfully kept, to release unconscionable forfeitures, to pay debts, to make fatisfaction for frauds and cheats, to take off all unjuft invafions and furprizals of eftates: yea though the fraud be fuch that thou art not liable to make fatisfaction by any human law, yet thou art as much bound to it in confcience to GoD and thy duty, as if thou hadft ftolen, or taken it by violence from thy neighbour. For in truth and reality, fraud is as great an injury as violence, although human

laws