8 8 The Nature and Nccefjity ,Vol. II. 5. If the Injury devolveupon another, by defcending as a burden upon the Eftate, he whoenjoys the Eftate is bound to make Satisfa&ion. And when inju- ries do thus defcend as Burdens and Incumbrances upon Eftates, and'when not the Civil Laws of the place where we live muff determine : but then where my Cafe falls within thecompafs of theLaw, lam bound voluntarily to fatisfie with- out the Compulfion of the Law. For inflame, If an Elate fall to me char- ged with a debt, which bath been unjuftly detained, I am bound voluntarily to difcharge the debt, fo foon as it appears to me, before I am compell'd thereto by the Law. 6. As for Perfonal Injuries which do not lie as Burdens upon the Eftate nor do by the Law defcend upon the Son or Heir, tho' in (}rift Jullice a Man be not bound to make Cotpenfation for them, for that would be endlefs, & infinitum in lege repudiator, No fair can take notice ofthat whichisinfìnite and endlefi; for que exittrm non habent habentur pro impoibilibos, Thofe things which have no end, to which no bounds can be fit, are e, fleemed among things ienpoJble, to which noMau can be obliged : but tho' in ftri& Juflice the Heir be not bound tomake Repara- tion, for the Perfonal injuries of him whom he fucceeds in the Eftate, yet in ma- ny Cafes it is equitable, and generous, and chriflian, for fach Perfons to make fomekind of Reparation for palpable and notorious Injuries. For inftance, If I be Heir to an Eftate, part of which I know certainly was injurioully.gotten, it is clot'only Chriftian, but Prudent to make .Satisfa&ion in the Cafe to the party in- jur'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 injuflice in the Eftate, and rub off theRid, that (hicks to the Gold and Silver, whichwas got by oppreflion or fraud, and fo free the remaining part of the Eftate from that fecret andDivine Nemefis which attends it and follows it. And for the fame Reafon, it is very Noble and Chri- (tian, for the Son and Heir of an unjuft Father, to make Tome Reparation for his Father's injuries by Rebitution, if the thingbe capable of ir : if not, by doing all good Offices to the injured Perlons, which is Come kind of Compenfation. And in this Cafe the Obligation is greater, becaufe by this means a Man does not only do what in him lies, to cut off the curie, which by his Father's oppreffion and injuftice is intail'd upon the Family a..d Ellate ; but likewife, becaufea Son ought much more to be concern'd for his Father, than anyother Perron, and to confide theHonour and Reputation both of him andhis own Family; and the Repara- tion which the Son makes, is in Come;fort the Father's A&, becaufe he fucceeds him and comes into his ftead. Secondly, As to the Perfons to whom Satisfa&ion is to be made. For the Re- folution of thofe Cafes which may fall under this Head, I (hall lay down thefe Propofìtions. t. If the injured Perron be certainly known, and be alive and extant, theSatis- fa&ion is to be made to him. 2. If he be not alive, or which is all one not tobe found or come at, Satisfa- &ion is to be made to his nearefi Relations, his Wife, or Children, or Brothers, or other nearer} Kindred. The Reafon is, becaufe Satisfa&ionbeing due, and I ha- vingno right to keep that which I have injurioufly gotten, if I cannot reflore it to the Party himfelf, I ought in all Reafon to place it there where I maymoli rea- fonably prefumethe Party injur'd would have bellowed his Eftate, and this part of it among the refs, had he been poffefs'd of it. And by the fame Reafon that I am hound thus to reftore the part of his Eftate which I have injurioufly taken or detained from him, I ant likewife obliged to give Satisfa&ion to the fame Perron for any other Injury : for to whomsoever I would pay a debt due to one that is deceafed, to the fame Perlon I ought to giveSatisfa&ion for other Injuries, by which a debt is, tho' not formally, yet virtually contra&ed.' 3. If the Parry injured' be not certainly known, or have no near, Relations known to me in that cafe I think it very advifeable togive Co muchto the Poor, or to fome'Charitable une, or if the Party injured be not capable of' proper Satis- faífion, as fometimes it is a Community and Body of men? that we have injured, in this cafe it is proper to repair the Injuries to Communities or Bodies of men, by
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