hence it follows, That if any Harm or Damage be done to another, he who is truly chargeable as Author of the Wrong, ought, as far as in him lies, to make Reparation: For otherwise the Precept would be to no purpose, That no Man shall be hurt nor receive damage; if when he has actually sustain’d a Mischief, he must put it up quietly, and he who did the Injury shall enjoy securely the Fruit of his Violence without Reparation. And setting aside this Necessity of Restitution, the Pravity of Man’s Nature is such, that they would never forbear injuring one another, and it would be very hard for him who has suffered Wrong, to compose his Mind so as to live peaceably with the other, till Reparation were made.
V. Damage how to be accounted. L. N. N. l. 3. c. 1. §3.
Tho’ the Word Damage may seem properly to belong to Loss in Goods, yet we take it here in the large Sense, that it may signifie all Manner of Harm, spoiling, diminishing, or taking away what is already ours, or intercepting that which by an absolute Right we ought to have, whether it be bestowed upon us by Nature, or given us by Man and Human Laws; or lastly, the Omission or Denial of paying what by a perfect Obligation is due to us. But if such Payment only be stopt, as was not due by any perfect Obligation, it is not looked upon as a Damage that ought to be made good: For it would be unmeet to account it a Wrong suffered if I receive not such Stipends; and unreasonable for me to demand as my Right, what I cannot expect from another but under the name of a Free Gift, and which I can by no means call my own, till after I have received it.
VI. Damage in expectations.
Under the Head of Damage liable to Reparation, we must also comprise not only a Mischief, Loss or Interception of what is ours or due to us; but also such Profits as do naturally accrue from the Thing, or have already accrued, or may fairly be expected, if it was the Right of the Owner to receive them; allowing still the Expenses necessary for gathering in such Profits. Now the Value of Profits, thus in Expectation only, is to be high or low, according as they are certain or uncertain, and will be sooner or later received. And lastly, that also is to be called Damage, which upon a Hurt given, does of Natural Necessity follow thereon.
VII. Damage mediately or immediately done. L. N. N. l. 3. c. 1. §4.
One Man may damnifie33 another not only immediately or by himself, but also by others: And it may happen that a Damage immediately done by one Man may be chargeable upon another, because he contributed somewhat to the Action, either by doing what he ought not, or not doing what he ought to have done. Sometimes among several Persons who concurred to the same Fact one is to be accounted the Principal, others but Accessories; sometimes they may all be equally Parties. Concerning whom it is to be observed, that they are so far obliged to repair the Wrong as they were indeed the Causes thereof, and by so much as they contributed to doing All or Part of the Damage. But where any one did not actually assist in the Trespass committed; nor was antecedently a Cause of its being done, nor had any Advantage by it; there, though upon Occasion of the Injury done, he may be blame worthy, yet he cannot be any ways obliged to Restitution: And of this Sort are such as rejoyce at their Neighbour’s Misfortunes, such as commend the Commission of Outrages, or are ready to excuse them, who wish or favour the Practice of them, or who flatter the Actors therein.
VIII. Damage done by many. L. N. N. l. 3. c. 1. §5.
Where many have joined in an Action from whence Damage has come, he in the first place shall be chargeable with Reparation, by whose Command or powerful Influence the others were put upon the Action; and he who immediately perpetrates the Thing, to which he could not decline his helping Hand, shall be esteemed but only as the Instrument. He who without any constraint concerned himself in the Enterprize shall be chiefly liable, and then the rest who assisted in it. But this so, as that if Restitution be made by the former, then the latter are cleared, (which in Penal Cases is otherwise.) If many in Combination have committed an Injury, all are obliged for each one single, and each one single is obliged for all; so as that if all are seized, they must each pay their Shares to make good the Loss; and if all escape but one, he shall be obliged to pay for all; but where some amongst them are insolvent, those who are able must pay the Whole. If many, not in Combination, concur to the same Thing, and it can plainly be discerned how much each of them contributed to the doing of the Mischief; each shall only be accountable for so much as himself was the Cause of. But if one shall pay the whole, they are all discharged for the same.
IX. Damage by Negligence. L. N. N. l. 3. c. 1. §6.
Not only he who out of an evil Design does wrong to another, is bound to Reparation of the Damage, but he who does so thro’ Negligence or Miscarriage, which he might easily have avoided. For it is no inconsiderable Part of social Duty,34 to manage our Conversation with such Caution and Prudence, that it does not become mischievous and intolerable to others; in order to which, Men under some Circumstances and Relations, are obliged to more exact and watchful diligence: The slightest Default in this point is sufficient to impose the Necessity of Reparation; unless the Fault lay rather more in him who was harmed, than in him who did it; or unless some great Perturbation of Mind, or some Circumstance in the Matter, would not allow the most deliberate Circumspection; *as, when a Soldier in the Heat of Battle in handling his Arms shall hurt his Comrade.
X. Damage by Chance.
But he who by meer Chance, without any Fault of his own, shall do Harm to another, is not obliged to Reparation. Because nothing in this Case being done which can be chargeable upon him, †there is no Reason, why he who unwillingly did a Mischief should rather suffer, than he to whom it was done.
XI. Damage by a Vassal.
It is also agreeable to Natural Equity, if my Vassal, though not by my Desire, do Wrong to another, that either I make it good, or surrender him to the Party injured. For ’tis true, this Vassal is naturally obliged to Reparation; but he not having wherewith, and his Body being the Property of his Patron, it is but just that such Patron either repair the Loss sustained, or deliver him up. Otherwise such a Bond-man would be at liberty to do what Mischief he listed, if Amends cannot be had from him, because he is the Owner of nothing, no not of the Body he bears; nor from his Patron. For, let him beat the Slave never so severely, or punish him with the closest imprisonment, that gives no Restitution to the Person wronged.
XII. Damage by Cattle.
The same seems to be just in the Case of our Cattle or any living Creature we keep, that, when they against our Wills and by a Motion of their own, contrary to their Natures, do a Mischief to another, we either make Reparation, or give up the same. For if I am hurt by any Animal that lives in its Natural Liberty, I have a Right, by what means I can, to give my self Satisfaction by taking or by killing it; and this Right doubtless cannot be taken away by its being in the Possession of another. And whereas the Owner of this Animal makes some Gain by it, but I have suffered Loss by the same; and whereas the Reparation of Wrong is more to be favoured than procuring Gain; it appears that I may with reason demand Satisfaction from the Owner, or if the Animal be not worth so much, then that it at least be delivered to me on Account of the Damage sustained.
XIII. Recapitulation.
Thus then, he who without any evil Intention does an Injury to another, ought of his own accord to offer Reparation, and to protest himself to have done it unwillingly, lest the injured Person take him for his Enemy, and endeavour to retaliate the Mischief. But he, who with a naughty design shall wrong his Neighbour, is not only bound to offer Reparation, but to declare his Repentance for the Fact and to beg Pardon. On the other side, the wronged Party having Satisfaction made him, is obliged, upon the Repentance of the other, and at his Request, to grant him Pardon. For he that will not be content when Reparation is made him, and a fit Submission offered, but still seeks to revenge himself by Force, does nothing else but gratifie his own ill Nature, and so disturbs the common Peace of Men without cause. And upon that account Revenge is by the Law of Nature condemned, as
