is as guilty as he that acts it; and if without his Perfuafion the Sin and the Injury would not be acted, he is in his Kind the entire Caufe, and therefore obliged to repair the Injury as much as the Perfon that does the Wrong immediately.

5. He that refufes to do any Part of his Duty (to which he is otherwife obliged) without a Bribe, is bound to restore that Money, because he took it in his Neighbour's Wrong, and not as a Salary for his Labour, or a Reward of his Wifdom, (for his Stipend hath paid all that) or he hath obliged himself to do it by his voluntary Undertaking.

6. He that takes any thing from his Neighbour which was justly forfeited, but yet takes it not as a Minister of Justice, but to fatisfie his own Revenge or Avarice, is tied to Repentance, but not to Reftitution. For my Neighbour is not the worse for my Act, for thither the Law and his own Demerits bore him; but because I took the Forfeiture indirectly, I am anfwerable to God for my unhandfome, unjust, or uncharitable Circumftance. Thus Philip of Ma cedon was reproved by Ariftides for deftroying the Phocenfes; becaufe although they deferved it, yet he did it not in Profecution of the Law of Nations, but to enlarge his own Dominions.

7. The Heir of an obliged Perfon is not bound to make Reftitution, if the Obligation paffed only by a perfonal Act; but if it paffed from his Perfon to his Eftate, then the Eftate paffes with all its Burthen. If the Father by perfuading his Neighbour to do Injuftice be bound to restore, the Action is extinguish'd by the Death of the Father, because it was only the Father's Sin that bound him, which cannot directly bind the Son; therefore the Son is free. And this is fo in all perfonal Actions, unless where the Civil Law interpofes and alters the Cafe.

5 Thefe Rules concern the Perfons that are obliged to make Reftitution: The other Circumstances of it are thus defcribed.

8. He that by Fact, or Word, or Sign, either fraudulently or violently does Hurt to his Neighbour's Body, Life, Goods, good Name, Friends or Soul, is bound to make Reftitution in the feveral Instances, according as they are capable to be made. In all thefe Inftances we must feparate Intreaty and Inticements from Deceit or Violence. If I perfuade my Neighbour to commit Adultery, I ftill leave him or her in their own Power: And though I am anfwerable to God for my Sin, yet not to my Neighbour. For I made her to be willing; yet he was willing, (4) that is, the fame at laft as I was at firft, But if I have used Fraud, and made her to believe a Lye, b) upon which Confidence fhe did the Act, and without fhe would not, (as if I tell a Woman her Husband is dead, or intended to kill her, or is himfelf an adulterous Man) or if I ufe Violence, that is, either force her or threaten her with Death, or a grievous Wound, or any thing that takes her from the Liberty of her Choice, I am bound to Reftitution, that is, to restore her to a right Underftanding of Things, and to a full Liberty, by taking from her the Deceit or the Violence.

(α) Δι αλλότριον ἔργον πλαίει ἐδείς. Epict

(6) Πᾶσα ψυχὴ ἄκασα τερεῖται δ' αληθείας. Plato. Non licet fuffurari mentem vel Samaritani. R. Maimon. Can. Eth.

9. An adulterous Perfon is tied to Reftitution of the Injury fo far as it is reparable, and can be made to the wronged Perfon; that is, to make Provifion for the Children begotten in unlawful Embraces, that they may do no Injury to the Legitimate by receiv ing a common Portion: And if the injured Perfon do account of it, he must fatisfie him with Money for the Wrong done to his Bed. He is not tied to offer this, because it is no proper Exchange; but he is "O bound to pay if it be reasonably demanded: For eJun, noi very Man hath Juftice done him, when himself is famais, tisfied, though by a Word, or an Action, or a Penny. οι συγχ 10. He that hath killed a Man is bound to Reftitution by allowing fuch a Maintenance to the Children and

.

near

Sect. 4 175 near Relatives of the deceased as they have loft by goreverhis Death, confidering and allowing for all Circum- 70 αftances of the Man's Age, and Health, aud Probabi- Cev, Tçónar lity of living. And thus Hercules is faid to have made me nei Expiation for the Death of Iphitus whom he flew, by ve espaying a Mulet to his Children.

Tal.

Mich. Ephef 11. He that hath really leffened the Fame of his ad 5. Eth. Neighbour by Fraud or Violence, is bound to restore it Sic Vivianus by its proper Inftruments; fuch as are Confeffion of refipuit de injufta accu his Fault, giving Teftimony of his Innocence or Worth, fatione, apud doing him Honour, (or if that will do it, and both Caffiodor.4.45 Parties agree) by Money, which anfwers all Things.

12. He that hath wounded his Neighbour is tied to the Expences of the Surgeon and other Incidences, and to repair whatever Lofs he fuftains by his Difa bility to Work or Trade; and the fame is in the Cafe of falfe Imprifonment; in which Cafes only the real Effect and remaining Detriment are to be mended and repaired: For the Action itfelf is to be pu~ nifhed or repented of, and enters not into the Que ftion of Reftitution. But in these and all other Cafes the injured Perfon is to be reftor'd to that perfect and good Condition from which he was removed by my Fraud or Violence, fo far as is poffible. Thus a Ra visher must repair the temporal Detriment or Injury done to the Maid, and give her a Dowry, or marry her if the defire it. For this reftores her into that Capacity of being a good Wife, which by the Injury was loft, as far as it can be done.

13. He that robbeth his Neighbour of his Goods, or detains any Thing violently or fraudulently, is bound not only to restore the Principal, but all its Fruits and Emoluments which would have accrued to the right Owner during the Time of their being detained. By Proportion of thefe Rules, we may judge of the Obligation that lies upon all Sorts of injurious Perfons; the Sacrilegious, the Detainers of Tithes, Cheaters of Men's Inheritances, unjust Judges, falfe Witneffes and Accufers, thofe that do fraudulently or violently bring Men to Sin, that force Men to Drink, hat laugh at and difgrace Vertue, that perfwade Ser

vants to run away, or commend fuch Purposes, violent Perfecutors of Religion in any Inftance; and all of the fame Nature.

14. He that hath wronged fo many, or in that manner, (as in the way of daily Trade) that he knows not in what Measure he hath done it, or who they are, must redeem his Fault by Alms and Largeffes to the Poor, according to the Value of his wrongful Dealing, as near as he can proportion it. Better it is to go begging to Heaven, than to go to Hell laden with the Spoils of Rapine and Injustice.

;

15. The Order of paying of Debts of Contract or Reftitution are in fome Inftances fet down by the Civil Laws of a Kingdom, in which Cafes their Rule is to be obferved. In Deftitution of Want of fuch Rules we are, 1. To obferve the Neceffity of the Creditor. 2. Then the Time of the Delay, and, 3. The fpecial Obligations of Friendfhip or Kindnefs and according to these in their feveral Degrees make our Reftitution, if we be not able to do all that we fhould But if we be, the best Rule is to do it fo foon as we can, taking our Accounts in this as in our humane Actions, according to Prudence, and civil or natural Conveniencies or Poffibilities; only fecuring thefe two Things: 1. That the Duty be not wholly omitted; and, 2. That it be not deferred at all out of Covetoufnels, or any other Principle that is vicious. Remember that the fame Day in which Zacchans made Reftitution to all whom he had injured, the fame Day Chrift himself pronounced that SalLuke 19. 9. vation was come to his Houfe.

16. But befides the Obligation arifing from Contract ⚫Gratitude, or Default, there is, one of another Sort which comes from kindness and the acts of charity and friendship. He that does me a favour hath bound me to makehim a return of Thankfulness. The obligation comes not by Covenant, nor by his own exprefs Intention, but by the Nature of the Thing; and is a Duty fpringing up within the Spirit of the obliged Perfon, to whom it is more natural to love his Friend, and to do Good for Good, than to return Evil for Evil: Because a Man may

for

forgive an injury, but he muft never forget a good turn. For every thing that is excellent, and every thing that is profitable, whatfoever is good in itfelf or good to me, cannot but be beloved; and what we love we naturally cherish and do good to. He therefore that refufes to do good to them whom he is bound to love, or to love that which did him good, is unnatural and monftrous in his affections, and thin all the world born to minifter to him, with a greediness worse than that of the Sea, which although it receives all rivers into itfelf, yet it furnishes the clouds and fprings with a return of all they need.

Our duty to Benefactors is, to esteem and love their perfons, to make them proportionable returns of fervice, or duty, or profit, according as we can, or as they need, or as opportunity prefents itself, and according to the greatneffes of their kindness, and to pray to God to make them recompence for all the good they have done to us; which laft office is alfo requifite to be done for our Creditors, who in charity have relieved our wants.

Prayers to be faid in relation to the feveral Obligations and Offices of Juftice.

A Prayer for the Grace of Obedience, to be faid by all Perfons under Command.

Eternal God, great Ruler of Men and Angels, who haft conftituted all things in a wonderful order, making all the creatures fubject to man, and one man to another, and all to thee, the laft link of this admirable chain be faftened to the foot of thy throne; teach me to obey all those whom thou haft fet over me, reverencing their perfons, fubmitting indifferently to all their lawful commands, chearfully undergoing thofe,burthens which the publick wifdom and neceffity fhall impofe upon me; at no hand murmuring against Government, left the spirit of pride and mutiny, of murmur and diforder enter into me, and confign me to the portion of the difobedient and rebellious, of N

the