Q:<cft. 4• Hcb.s· ::J. J:">Jm.I.!.;. Nd.,. s.1t. Nmnb.~. ~Luke 19. 8. ~ej/.6. lf<:!rft. 7· ~.."ft· s. Cafes about (j(eftittition and ~parittio1l. ~eft. 3· TVho are they that are bound to mak._e reftitution or [11tiljafiion l 4-,frv. 1. Every one that pcildfcth and retai_neth that which is indeed another mans, a 11 d hath a.cquin.d no jufi title tO. it himfd~, mutt make ~efi~turion. Yet fo, that if. he came J~wfUily ~y lt (as by tu1ding,buymg or the l1ke,) he IS an~wc:rable-tor. Jconly;up.o~ the terms m rhofeTults bHdrc dtpfcf-: fed. But it h~ came unlawfully by tt, he mufi rtOorc 1t Wtth all damm~gcs. T~e ca~es ofBorroaoers and ft~d,·rJ arc before rtfolved. He that kctpcrh a borrowed thing longer than his day, mull: return it with the dammJgC". He that 1ofeth a thing which he borrowed, rnufi make farisfaelion, unlcfs iq pfts where the contract, or common ufagc, or the qu:diry of the thing, excufeth him. 2 . He that cithtr by ferce, or fraud, or ntgligence, or any injuttice doth.wrong to another, is bound to m 1 ke him a iul\ compcnfarion, according io the prop·ortion of the guilt and the lofi compared together: For ncithl'r of them is w be confidaed alone. It a fctva~lt neglect ~is. h1afiets bu[j~dS, and it f<lll out that no lofs fol!mvech it; he is bou"pd to co;rfrfs bit f.utlt, but. not to paj for a lofs which• nzi_:J,ht have been, but wa1 n.~t. And if a fcrVant by fame fuch rina\l and o_rdinary negligence, which the bdt ftrvants are guilty of, fhould bring an exceeding great dammage upon his MaHcr ( as by dropping aflccp to bum his houfe, or by an hours dday which fcemcd 110t very <{aogerous, to fra~ {\rate fotnc great bu linefs ) he is obliged to Reparation as well as to Confef!iou ; but not tomake good all that i1 lrJf, but according to the proportion of his faulr. But he that by opprcflion, or robbery taketh that which is anothcrs, or bringeth any damffiagc to him; "\of by flander 1 ftJlfe witneji, or any fuch"unrighteous mt"ans, i! bound to make a fuller farisfaction. And thofe rhat concur in the injury, being acceiTorics, are bound ro fatistir... As r. Thofe that teach or command another to do ir. ::.. Thofc who fendaComrniffion, or authori~e another to do it. 3· Thofe who counfe}i exhort or pcrfwade another to do ir. 4· Who by confenting are the caufes of it. 5· Thofc who co-opt:ratr,and afTin in the injury knowingly and vol~.m~arily. 6. Thofe who hinder it not when they cci.lld and were obliged to do it. 7· Thofcwhom3ke the aa their own, by owning it, or con.. t!.11ting aftuward. 8. Thofe who will not reveal it aftirwa"rds, that (he injured party may recovC• his cwn, when they are obliged to reveal it. But a fccre~ con [em which no way furthered the inju.. ry, obligeth none torcjiitutio;t, but on\y to repentanct :· becaufe it did no wrong to another, but it Was a tin ag.1infl God. • ·: 1 • Q>eft. 4.- 1o whom mujl 'rejlitution br f<tiJfa/1ion.bt made l . ,, , Anfw· I. To the true O"A'mr, if hebe living and tobe found,_and it can be done. 2. If that can1 rot be,_ then to his ~cirs, who are the: p9ffi~ors of that wl;lfch was hfs•. 3· Ifthat cannot be, then eo God htmfelf; that tS, to the poor, or unto pwus uCes: for the po!fetfor IS no true Owner of it; A 11 d therefore where no o<h<r Owner is found, he mull difcharge himfelf fo of it, to the u!c of the higl>– ln and principal Owner, as may be mCtl: agreeable; to his ~ill and interefi. Q!tlt. )• Tf'bat Rcjlitutivn ftn uld be make who hatb dijholtoured hHGovcrnOurs or ParmtJ.? A;:[w. He is bound to do all that ht: can to repair their honour, by fuitablc means: and toconfcf$ his bulr, andcravc their pardon. Ql(f\. 6. Hnw mu;1 f•ti<fa/Ji.n be made for fla~tdcrr, /yet and infaming •f otberr l LbtjW. B)' contcfling the fin, :~nd uilfaying what was faid, not only as ~penly as it was fpoken; but as hr as it is fincc carrycd on by others, and as far as the reparation of your neighbours good name. re– ·quircth, if you are able. Q:efl. 7• fVb.Jt rtp.Jration muft they m.ik,! who have rem;!ed hth:o to fin ; and hurl tbeir[uulJ? nn[w. 1. They muH do all that is in rhcir power to ~ccover them from fin, and to do good to tlwir fouls : Th(y mult go to them, and confcfs and lament the fin, and tell them the evil and danger of ir, and incdf.mtly !lrive eo bring them to repentance. 2. They mull make reparation to the Lord of fouls, by doing all the good they can to' others, that they may help more than they have hurr. Q!dl:. 8- TVbat rrparation c.m ut muJl be made[1r Murder or Man-Jlaughter? .Anfw. By Murder there is a manifold dammagc inferred : r. God is deprived of the tile of hi• fcrvant. 2. The perlon is deprived of his life. 3· The King is deprived of a SubjeCt. 4· The Common·weahh is deprived of a member. · 5· The friends and kindred of the dead are deprived of a friend. 6. And perh<ps allo damnilied in their ellates. All thelc dammages cannot be fully re– p•ircd by <he otf<nd<r: but all mull be done that can be done. •· Of God he can only beg pardon, upon the account of. the fltisfad:ory facrifice of Chrifl ; exprdfing tJUe repentance as followcth. 2· To the pcrfon murdered no rcpltation can be made. 3· To the King and Common-wealth, be mull pltiently )'ield up his life, if they fentence him to death, and without repining, and think it not too dc:a to becor11e a warning to others, that they fin not as he did. 4· To difconfolate friends no rtpata!ion cln be made; but p;ordon mufi: be asked. 5· The damrnagc of heirs, kindred and credi· torr, mull be repaired by the oJfenders dlate, as f:n as he is able. Q1CII. 9· l1 a M,erdmr bound 10 offer himfelf 10 death, before ht i< •pprebmdtd .> Anfw. Yes, in fame Clfcs: As, I· When it is nccdfary to fave anmher that is falfly accufc.d of the crimr. 2· Or when the interd\ ofthe Common-wealth rtquireth it. But orhetwif"e-, not; Be... cattfc an offendtr may lawfully acclpt of mercy, and nature teacheth him to ddire his own prcfer– Vltion: But if the quc!lion be, TYhtn tkJth the inttrtft of tht Common-wealth require it? 1.think,much ofrer than it is done; As the common-intcrefl: requireth that murderers be. put to death, when ap· prehendcd :· So ir rcqui'rcth that they may not frcqoently and eafily be hid, or efc:apc by fecrcfie or tlighr : t'or rhm it would embolden others to murder: whereas whe~ few efcapc, it will more c.f.. tc.Gtual:y dder men; If thtrcforc any murderers confcietlCC) flu.U 'onfirain him in uue repentance, :voluntarily
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