Seim. CXVI. of Refiiteaion. 4. We are at lea(} to give by way of Reltitution what the Lawwould give g far that is generally equal, and in molt cafes rather favourable than rigorous. 5. A Man is not only bound to Reftitution for the Injury which he did, but for all that direaly follows upon his injurious A&, tho' it were beyond his inten- tion. For the firft injury being wilful, thou art prefumed ro will all that which direály followed upon it ; according to that rule, lnvoluntarinm ortum ex volun- tarig cenfettsr provoluntario. We areprefumed towill that whichfollows upona volun- tary' adien, the' wedid not intend it. For inflance, it a Man malicioufly and know- ingly let fire upon another Man's Houfe, dio' he intended only an injury to that particularPerron, yet if a wind come and drive the fire to his Neighbours at Come diftance, tho he did not intend this, yet becaufe the firft A&was unlawful, he is liable to fatisfie for all the dire confequences 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 enfue upon it, the Man is bound, becaufe the firft A&was injurious, to make Reparation to his Relations for the damage they fuftain by his Death ; and if they diddepend folelyupon him, whodied by Inch injury, thou art bound to maintain them. 6. Becaufe thofe who have lived in a Trade and Courfe of Injuftice, can hard- ly remember all the particular injuries they have done, fo as to make exaft Saris- fa&ion for them, it will not be amifs over and befides to give fomething to the Poor. So Zacheur does here, HalfofmyEflate Igive to the Poor, and if Ihave ta- ken any thing. &c. V. ThePerlons who are concern'd in Reftitution. And here I (hall confider, Firfl, The Perfons who arebound tomake Reftitution. Secondly, The Perfons to whom it is tobe made. Firfl, The Perlons who are bound tomake Reftitution. In general, they who have done the injury, or they whocome into their (lead, fo as in Lawor Equity the Injury devolves and defcends upon them. But for the clearer (tating of this, I shall lay down feveral Propofitions, which may ferve to refolve a great many Cafes, that may beput concerning Perlons obliged tomake Reftitution.. z. If the Injury be done folely by one, withoutComplices and Partakers in the Crime, he alone is relponfible, and wholly bound to make Satisfa&ion ; I mean, he only is bound fo long as he lives, but if the injury defcends as aburden upon the Eftate, then he who enjoys the Eftate becomes bound to make Satisfa&ion5 as I (hall thew afterwards. 2. If the Injury was done by more, who did all equally concur to the doing of it, they are all equally bound tomake Satisfa&ion , and they are bound to con- cur together to that Purpofe ; and in Cafe ofihch concurrence, every one is not bound to fatisfie for the whole but pro ratá parse, for his (hare; provided they do among themmake full Satisfa&ion. 3. If all will not concur, thofe that arewilling arebound among them tomake Reparation for theInjury : nay, if all the reft refute to joyn with thee in it, thou artbound in folidum to make full Reparation fo far as thou art able; becaufe e- veryone was guilty of the whole Injury. For in(tance, if four men confpire to- getherto cheat a Man, or to rob him, any oneof there, if thereft refufe, is bound to make entire Satisfa&ion ; yea, tho' he was only partaker in the Benefit; becaufe, as I faid before, he is guilty ofthe whole Injury. 4. If the Injury be done by more, who do unequallyconcur to the doingof it, he that is Principal is chiefly and principallybound tomake Satisfa&ion : and bere I do not take Principal, fiddly in the Senfe of the Law, but in the Senfe of Equi- ty ; not for him always who is the more immediate caufe of the Injury, but for him who was the greateft caufe, and by whole influence chiefly it was procured and done: but ifthe Principal will not, the Accefforiesand Inftruments arebound, at leaf}for their (hare, and according to the proportion of theHand they had in it. But if the Principal do fatisfie in the name, and upon the account of the refs, then the Acceflories are free froman Obligation to Reftitution, and are only bound to Repentance. 5. If
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