Quest. III. Who are they that are bound to make restitution or satisfaction?
Answ. 1. Every one that possesseth and retaineth that which is indeed another man's, and hath acquired no just title to it himself, must make restitution. Yet so, that if he came lawfully by it (as by finding, buying, or the like) he is answerable for it only upon the terms in those titles before expressed. But if he came unlawfully by it, he must restore it with all damages. The cases of borrowers and finders are before resolved. He that keepeth a borrowed thing longer than his day, must return it with the damage. He that loseth a thing which he borrowed, must make satisfaction, unless in cases where the contract, or common usage, or the quality of the thing, excuseth him. 2. He that either by force, or fraud, or negligence, or any injustice, doth wrong to another, is bound to make him a just compensation, according to the proportion of the guilt and the loss compared together; for neither of them is to be considered alone. If a servant neglect his master's business, and it fall out that no loss followeth it, he is bound to confess his fault, but not to pay for a loss which might have been, but was not. And if a servant by some such small and ordinary negligence, which the best servants are guilty of, should bring an exceeding great damage upon his master, (as by dropping asleep to burn his house, or by an hour's delay which seemed not very dangerous, to frustrate some great business) he is obliged to reparation as well as to confession; but not to make good all that is lost, but according to the proportion of his fault. But he that by oppression or robbery taketh that which is another's, or bringeth any damage to him, or by slander, false-witness, or any such unrighteous means, is bound to make a fuller satisfaction; and those that concur in the injury, being accessories, are bound to satisfy. As, 1. Those that teach or command another to do it. 2. Those who send a commission, or authorize another to do it. 3. Those who counsel, exhort, or persuade another to do it. 4. Those who by consenting are the causes of it. 5. Those who co-operate and assist in the injury knowingly and voluntarily. 6. Those who hinder it not when they could and were obliged to do it. 7. Those who make the act their own, by owning it, or consenting afterward. 8. Those who will not reveal it afterward, that the injured party may recover his own, when they are obliged to reveal it. But a secret consent which no way furthered the injury, obligeth none to restitution, but only to repentance; because it did no wrong to another, but it was a sin against God.
Quest. IV. To whom must restitution or satisfaction be made?
Answ. 1. To the true owner, if he be living and to be found, and it can be done. 2. If that cannot be, then to his heirs, who are the possessors of that which was his. 3. If that cannot be, then to God himself, that is, to the poor, or unto pious uses; for the possessor is no true owner of it; and therefore where no other owner is found, he must discharge himself so of it, to the use of the highest and principal Owner, as may be most agreeable to his will and interest.[174]
Quest. V. What restitution should he make who hath dishonoured his governors or parents?
Answ. He is bound to do all that he can to repair their honour, by suitable means; and to confess his fault, and crave their pardon.
Quest. VI. How must satisfaction be made for slanders, lies, and defaming of others?
Answ. By confessing the sin, and unsaying what was said, not only as openly as it was spoken, but as far as it is since carried on by others, and as far as the reparation of your neighbour's good name requireth, if you are able.
Quest. VII. What reparation must they make who have tempted others to sin, and hurt their souls?
Answ. 1. They must do all that is in their power to recover them from sin, and to do good to their souls. They must go to them, and confess and lament the sin, and tell them the evil and danger of it, and incessantly strive to bring them to repentance. 2. They must make reparation to the Lord of souls, by doing all the good they can to others, that they may help more than they have hurt.