84 The Nature and Neceffity HI. The Manner how it is tobe done. IV. The Meafure of it. V. The Perfons who are bound to make Reftitution ; and to whom it is tobe made. VI. The time in which it is tobe done. VII. TheOrder of doing it, where more are injured and Refutation cannot be made at once to all. I. For the A&. Reftitution is nothing elfe but the making Reparation orSa- tisfa&ion to another for the Injuries we have done him. It is to reftore a Man to the good Condition, from which, contrary to right and to our Duty, we have removed him. Reflitution is only done in cafe of Injury. Another Man may be damaged and prejudiced by us many ways, and we not be bound to make Reftitution; becaufe there are manyCafes, wherein a Man deferves the prejudice we do to him. As when we are Inftruments of infli&ing upon a Man the Punifhment which the Lawdoth fentence him to. And there are many Cafes wherein we may be prejudicial to others, and cannot help ir. As a Man that is lick of a Contagious Difeafe, may info& others that are about him : but be is not injurious to them; becaufe it is not his fault, but his infelicity. H. For the Latitude and Extent of the Obje&, as I may call it, or the matter about which it is converfant. It extends to all kind of Injuries, which may be reducedto thefe tito Heads; either we injure a Perfon with or without his confent. r. Some Injuries are done to Perfons with their Confent. Such are moil of thofelnjuries which are done to the Souls of men, when we command, orcoon- sel, or incourage them toSin, or draw them in by our Example. For the Maxim Volenti no fit injaria, There's no, injury done to a Man that is willing, is not fo to be underftood, as that á Manmay not in tome fort confent to his own wrong for abfolute freedom and willingnefs fuppofeth that a Man iswholly left to him- felf, and that he underftands fully what he does. And in thisSenfe no Man fins willingly, that is, perfealyknowing and a&uallyconfidering what he does ; and Commands, and Perfwafion, and Example are a kind of Violence: yet none of thefe hinder, but that a Man in thefe Cafes may fufficiently confent to what he does: But yet be is not fo perfe&ly free, as to excufe him that draws him into Sin by thefe ways. So likewife when a Man refufeth to do that which is his Duty without a Reward; for inflance, to doJuflice toanother; he is injurious in fodo- ing: but yet not altogether without the confent of him whom he injures. 2. Injuries are done toPerfons without their confent. And thefe, tho arenot always the greateft Mifchiefs, yet they are the greateft Injuries. And there In- juries are done either by fraud and cunning, or by violence and opprelon; ei- ther by over- reaching another Man in Wit, or over- bearing him by Power. And thefe ufually either refpe& the Bodies of men, or their Mates, or their good Name. TheBodies of men. He that maims another, or does him any other, In- jury in his Limbs or Health, either by fraud or force, is bound, fo far as he isable tomake Reparation for the Injury. Or they refpe& the Elates of men. If by cunning, or by violence, or by falleTeftimony orAccufation, thou hafthinder'd a Man of any Benefit, which otherwife would have come to him, thou art bound to Reftitution. If by thy Power or Intereft, by thy knowledge in the Law, or skill in Bufinefs, -thou haft direly and avowedly helped and,affifted another to do Injuflice to his Neighbour, thou art bound to. Rellitution 5 tho not as the principal, yet as the acceflary. If thou haft over- reached thy Brother in any Contra&, making Advantage ofhis ignorance or unskilfulnefs; if thou haft made a gain ofhis Neceffity; if thou haft by thy Power and Intereft, or by any more violent and forcible way detained his Right, or taken away that which was his; thou art bound to make Reparation for there Injuries, to reflore that which thou haft borrowed, to return the pledge which thou haft wrongfully kept, to releafe unconfcionable Forfeitures, to pay debts, to make fatisfa&ion for frauds and cheats, to takeoff all unjuft invafions and furprizals of Litotes: yea tho the fraud be filchthat thou art not liable tomake fatisfa&ion by any Humane Law, yet thou art as much bound toit in Confcience to God and thy Duty, as if thou hadit fleden Vol. II.
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