Tillotson - BX5037 T451 1712 v2

Seem. CXVL ofReftitution. ltolen it, or taken it by violence from thyNeighbour. For in truth and reality, Fraud is as great an Injury as Violence, altho Humane Laws cannot take cogni- zance of it, fo as torelieve every Man that is over- reached in a Bargain, nay of the two it is worfe ; for whenever thou deceiveft a Man in this kind, thou doft not only wrong him inpoint of Eftate, but thou abufeft his Linderftanding. And fo likewife inrefpeftof a Man's Fame and Reputation. If thou haft hurt any Man's good Name by flander or calumny, by falfe witnefs, by rendering him ridiculous, or any other way, thou art bound to give fuch Satisfa&ion as the thing is capable of; or ifthere be any other Injury which I have not menti- oned, thou art obliged to make Reparation for it. III. As to the Manner how Reftitution is to be made. 1. Thou art bound to do it voluntarily, and of thy own accord, tho the Per- fon injured do not know who it was that did him the Injury, tho he do not feek Reparation by Law. When a Man is forced by Law to make Reftitution, it is not a Virtue, but Necefiity ; this is not a Fruit of Repentance and a good Mind, but ofgood Law. And that thou doft not do it, unlefs the Law compel thee to it, is an Argument thou wouldit not have done it, if thou couldft have avoided it. And tho the thing be done, yet thou haft not done it, but the Law ; and un- lefs thou heartily repent of thy Crime, the Injury (till lies at thy Door, and in God's account thou art as guilty asif no Reftitutionhad been made. Not that thou art boundin this Cafe to make new Reftitution over again; but thou art bound tobewail thy negle&, that thou didit not do it voluntarily and without the compulfion of the Law. 2. Thou mutt do it in kind, if the thing be capable of it, and the injur'd. Partydemand it. Thou muff reftore the very thing which thou hadit deprived thy Neighbour of, if it be fuch a- thing as can be reftored, and 'be fä11 in thy Power, unlefs he voluntarily accept of fome other thing in exchange: 3. If thou canft not reftore it in kind, thou art bound to reftore it in value, in fomething that is as good. As for fpiritual Injuries done to the Souls ofmen, we are bound tomake fuch Reparation and Compenfation as we can. Thofe whom we have drawn into Sin, and engaged in wicked Courfes, by our influence and example, or by negle& of our Duty towards them, we are fo far asbecomes the Relationwe Rand into them, tomake acknowledgment of our fault, to endeavour by our In(tru&ion and Counfelto reclaim them from thofeSins we led them into,and to recover them out ofthe fnareof the Devil ; and fhould neverbeat raft till we have doneas much or more for the furtheranceof their Salvation, and helping them forwards towards Heaven, as we did contribute before to their Ruin and De- ftru&ion. If wehave violated any ones Chaftity, we are bound to Marry them, ifit was done upon that Condition, and if they requireit: thou art bound to keep and maintain thofe Children which are the Fruit of thyLuft, and to make Repa- ration to the Perfon whom thou haft injured, by Dowry or otherwife. If thouhaft defrauded and injured any Man in his good Name, thou art ob-, liged to make him a Compenfation by acknowledgment of thy fault, by a ftudi- ous vindication of him, and by doing him honour and repairing his Credit in all fitting ways. And if the Injurybe irreparable (as it frequently happens, that we can hardly fo effe&uallyvindicate a Man, as we candefame him; and it is feldom feen that thofe wounds which are gi en to mens Reputation are perfe&ly hea- led) I fay, if the injury be irreparable, efpecially if it prove really prejudicial to a Man in his Calling and Civil Intereft; if no other Satisfa&ion will be accepted, it is to be made in Mony, which, Solomon Pays, anfivers all things; and the ra- ther, becaufe the Reafon and Equity of human Laws bath thought fit to aflign this wayof Satisfa&ion inmany Cafes uponA&ions of Scandal and Defamation. And whatever the Law would give in any Cafe, if it could be proved, that is the lean we are bound in Confcience to do, when we are guilty toour felves, Elio' the Law cannot take hold ofus. So likewife, if thou haft wounded a Man, thou art bound to pay the Cure, to repair to him and his Relations the Difability for his Calling, and his way of Livelihood and Subfiftance, which he hath contra&ed by thy injury. And fo for $5.

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