Serm. CXVII. fZefíztatloil. 91 may reafonably be prefumed to have parted with his right to another, the Obli- gationto Reftitution ceafeth, and the right of claiming it. Nowwhen a thing be- gins, haberi pro derel;elo, that is, when a Biglt tray tea tenably he prefumed to be quitted and forfáken, cannot in general be determined: but this muff be eftimated according to the importance of the right and thing in Controverfre, as whether it be more or lefs confiderable ; and according to the Reafon and De- termination of Laws about things of this Nature. To illuftrate this Rule by In- fiances. The Saxons; Danes, andNormans, did at feveral times invade and con- quer this Nation, and conquer'd it we will fuppofe unjnftly, and confequently did hold andpofl'efs that which truly belonged to others, contrary to right ; and fe- veral of the Pofterityof each of thefe do probably to this day hold what was then injurioufly gotten ; I fay, in this cafe the Obligation to Satisfa&ion and Reffitution is long fince expired, and the Original Title, which thofe who were difpoffefthad, isreafonably prefumed to be long Grace quitted and forffken; and that for very wile Reafons in Law and Government; becaufe it wouldconfound and unfettle all Eftates, if every thing, theOriginal Title whereofis naught, were to be reftored ; and it is but equal to prefume, that all Mankind are foreafonable, as to quit theirright in fuch Cafes, rather than to caufe endlefs difturbances, and to have the guilt of Injuflice everlahingly perpetuated. And tho it be a rule in Civil Law, that Pitiofitm initio, tra fu temporis non convalefcit, A Title originally bad can never by time be madejsf1; it is only true thus far, that time in it felfloth not alter the Nature of things : but confidering the neceffities of the World, and the infinite difficultiesof retrieving an antient Right, and the inconveniences and difiurbances that would thereby redound to Human Society, it is better that an injury fhould be perpetuated, than that a great inconvenience fhould come by endeavouring to redrefs it; fo that aitho confidering a thingfimply in it felf, an Inj.iry is fo far from being leffened or null'd by tract ofTime, that it is increafed, and the longer it continues, the greater it is yet by accident, and in compliance with the neceffityof things, length of time may give a right to that which was at firft injurioufly poffeft. judg. it. 26. Thus 7epthalareafons with the King of Ammon, who had madeWar for recovery of an antient Right, as he fuppos'd. And tho' the Inftances I have givenofthe unjuft Conqueft of a Nation begreat and publick ; yet the fame is to be determinedproportionably in lefs and particu- lar Cafes. And thus I have done with thefixth thing. VII. And 1411y, As to the order of Rellitution. When wehave injur'd a great many, and are not able to make Reftitution to all at once, our belt Prudence and Difcretionmuff govern us herein. Becaufe no certain Rule can be given, which will reach all Cafes, I will only fay this in general, that it is reafonable firft to make Reparation for the oldeft and greateft Injuries; and ceteris paribus, if all other Confiderations beequal, to confider thofe firft who are molt neceflirous, and if there be any other fpecial Reafon and Obligation arifing from the Nature of the Injury, or the Circumftances of the Perfon injur'd, tohave regard to them. I come now in the Second place, To confirm the Truth of the Propofition, That to make Reftituti- on andSatisfa&ion to thole whomwe have injur'd, is-a proper and neceffaryFruit of a true Repentance. And this will appear, if we confider thefe two things. I. Our Obligation to this Duty. II. The Nature of Repentance. L OurObligation to this Duty. Upon the fame account that we are obliged to Repentance, we are obliged to Reftitution ; and both thefe Obligations arife from natural Equity and Juftice. All Sin is an injurydone; and tho' Repentance be not ftri&ly Satisfa&ion yet it is the belt we can make; and he is unjult, who having done an Injury, does not make theheft Reparation he can. But now there are force Sins, in which. betides the injury that is done to Godby them, upon the general account, as they are Sinsand Violations of his Laws, there is likewife a particular Injury done to Men; and fuch areall thofe, theeffe&whereof redounds to the prejudice of other Men : fuch are Fraud and Oppreflion, and all other Sins whereby others are injured. So that in thefe kinds of Sins, there are two N 2 things
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