Concerning Repentance, Part 15
Now for the cases and questions about restitution.
1. Q. For what must we restore?
A. 1. Some think, for soul-detriment. This, though it smels of Reason, that is, that we should make up the consciences of persons wherein we have made a breach; yet because I know no command for this, and a thousand snares would attend the conscience herein, I leave it in the midst. Yet where it can with conveniency be done, where we have misled persons, we should endeavor to bring them right: and this is the end of satisfying Churches for scandalous sins, that those who have been misled by our Examples, may be regained by our repentance.
But for defamations and slanders, there ought to be the making up of the name of the defamed person.
If you have wronged a person in his body, you are to pay for the loss of his time, and the charge of physick and surgery, Exod. 21. This must be resarcire damnum, to make amends.
For wrongs done against the law of chastity, there will no restitution be accepted of the party wronged, Prov. 6.34, 35. which makes this sin more terrible to the conscience then theft, in that there is no way to make it up by any mends making. Yet may you exhort the person with whom you have committed folly to repentance: also, by keeping the child or children you have so begotten you do restore; and by marrying with the party, if both be single: and because such, growing infamous, bring poverty on themselves, therefore you may restore unto them, by ministring to their wants.
Now for sins of injustice there must be restitution, as,
1. For theft, Eph. 4.28. Let him that stole, steal no more. Now a man steales till he restore the thing stollen, unless he be unable. Because Jehoram kept Naboths vineyard, which his father Ahab had gotten unjustly, the judgement came in his dayes.
2. For violent and compulsory taking away another mans goods: 1 Sam. 12.4. Whose oxe have I taken, or whose ass (saith Samuel) that is in any forcible or compulsory oppressive way? tell me now, I will restore it, 1 Thess. 4.6.
3. For moneys got by cheat, whether grossely, or closely, when no man knows of it but our own Consciences; as, when a man shall blind the buyers eyes with false praises of wares, to get an excessive price for his commodity. So when a man misreckons himself to us-ward, and we take it; or we misreckon. Jacob bade his sons cary double mony in their sacks, saying, Peradventure it was a mistake, Gen. 43.12. against this, we have a command. Levit. 19.13. and a threatning, 1 Thess. 4.6. Let no man defraud his brother in any mattter (how small soever) for the Lord is the avenger of all such.
4. For Bribe-mony. Bribery is that, when directly or indirectly we shall exact more of men then is appo nted Humane lawes tell us what is appointed; beyond this we must not go: Men in offices ought to know what is their due, and to stick to that, and beyond t… you must not go. The Publicans (Luk 3.13.) were bid to exact no more then that which was appointed; and vers. 14. the souldiers were bid to be content with their wages. Especially when men take bribes to pervert justice, he…e they ought to restore the innocent whom they have defrauded. 1 Sam. 12.4. Of whose hands have I received a bribe, to blind mine eyes therewith? tell me now, and I will restore it. Bribery is a mighty sin, (Amos 5.12.) whether taken directly by your own hands, or wives; yea, though it come under the name of a gratuity: Job 15.34. A fire shall consume the tabernacles of bribery. See Psal. 26.10. Ezek. 22.12. It argues a mischvievous heart, when you will do a man mischief, unless he will give you more then is your due. Besides, charity bindes us to do lawful favours to persons in our places, where we can. This sin is joyned with theft, Isa. 1.23. Thy princes are companions of theeves; every one loveth gifts, and follows after rewards: To shew, there must be a like restitution for the one as for the other, Hos. 4.18. Her rulers do cry with shame, Give yee.
5. You must restore for foundals: things found, must be given to the true proprietors, Levit. 6.3 4, 5. If you know of no true proprietor (whereof you are to make enquiry) then, if rich, I would counsel you to give it to the poor; but if you be poor, you may keep it your self.
6. For trespass-wrongs when they are voluntary; when a man shall wittingly put his beast into his neighbors field, the restitution was the best of his own field, Exod. 22.5. or a proportionable sum of mony, according to the time of his cattle being in; or when you shall wilfully let your fence lye down, that your cattle may graze in your neighbors field: but if the fence be good, I judge no restitution is due, though cattel leap over; for these unwilling trespasses are in one man towards another; which, because they cannot be prevented, there is or ought to be a silent pardon in the hearts of all men.
7. For deceits in partnership, Levit. 6.3, 4. also for cozening fatherless children, Job 20.10. What you have of their estates in your hands, cryes to God against you, Exod. 22.22, 23. yea, it cryes louder for vengeance, then your prayers can for pardon. Neither is it enough that you have given an account sufficient in law, unless it be sufficient also in your conscience.
8. Restitution ought to be for game-mony: I speak not of trifles which set an edge upon a game, without which persons would play carelesly; but when it comes to any considerable quantity of mony: yet to play for any thing as the end of our play, is unlawful; for the end of it must be, that we may be fitted for serious imployments. Now that which in this case may be granted, to set an edge upon a game, must be weighed by the degree, quality, and comings in of those that play.
And this know, that playing for mony is none of those wayes whereby God passes over estates from one man to another; but buying, selling, chopping, changing, giving, are the wayes of conveyance of estates from one to another.
To play for trifles, that what is won or lost may be giving to the poor, or spent in a feast for continuance of love, I shall not condemne. Besides why may not a man bestow a little in recreations, which else must be bestowed in Physick? The Philosopher puts victory, and hope of victory, among the causes of delight: now what victory, or hope of it, hath any man, if a little be not allowed to set an edge upon the game? If we bestow some small mony on Lemons and Vineger to sharpen our stomachs to our meat, which is one part of maintenance of life, then may we bestow some little quantity of mony on recreations, with reference to follow our Vocations. Yet let nothing for this be detained from family or poor. All laws exclude such as cannot well provide for their family, to play away any of their mony: and its wickedly unlawful to play for this end, to relieve our family.
Now whereas it may be objected, that to play for trifles (as for a penny) is against Charity, for that little might have been given to the poor; to this its answered. We are not bound to give all we can spare from necessary uses, to the poor; but we may spend something on honest delight: for by this reason rich men should have but one or two dishes at the table, and one or two sutes, because one is sufficient to feed their hunger, the other to keep them warme.
But to answer the question, To whom monyes won out of filthy lucre ought to be restored.
That it ought to be rest…d, appears, because its none of theirs, neither have they got such moneys by any such meanes as God set down in his word; neither are they recoverable in Law, unless he that lost the money were under the power of another, as a child, or servant.
Such persons could never pray for what they plaid, nor give thanks for what they won; nor will it hold plea at the day of Christ, to say, they cast a better cast then their play-fellow, and therefore they got their money lawfully.
Now forasmuch as the loser hath transferred the right that he had, the property cannot return to him: the reason is, because there is a giving included in the act for he gives away his mony, upon condition the other do win it; and therefore he hath cast it away from himself by his own covenant of giving upon that condition, which condition is now fulfilled. Now because the condition is not warrantable by the word, the winner dare not take it with any comfort; therefore it is res devota, it must be sacrificed to God, and therefore to be given to the poor. Austen would have him punisht that won it, because he would play for money; and he would have him that lost it, not to have it, because he was such a fool to play away his money; therefore he would have it given to the poor; and determines, in his 45 Epistle to Macedonius, Where the property is past over, let the money there be given to the poor; but where the property or dominion is not past over, as, if any man steal a thing and play it away at dice, there let it be restored, meaning, to the owner.
What I say of gaming, understand the same of betting, on the gamesters sides. We are to rest content with our own, without coveting anothers.
Say not thy goods are thy own, and thou wilt spend them as thou pleasest; for no law of God or man gives thee them to spend them on thy lusts.
9. Restitution ought to be for borrowed money, Psal. 37.21. The ungodly borroweth, and payeth not againe. Rom. 13.8. Owe no man any thing, but this, that ye love another. 2 Reg 4.7. Pay that thou owest, and live thou and thine of the rest. Neither let any man think by quirks of humane laws to escape a just debt: for if conscience tell thee it is a just debt, without doubt it is to be paid.
10. Restitution must be made for … money: Neh. 5.11, 12. Nehemiah taxes some cruel persons that took the hundredth part of the money; that is, as some have expounded, one pound in the hundred monthly: now he bids them restore, because it is not lawful for them to take a penny of a brother or a Jew.
Now to the regulate your conscience in this particular, you must know, that Usury is a sin condemned, Ps. 15.5. Ezek 18.8. Pro. 28.8. And the question is not Whether usury be a sin or no; but Whether there may not be a conscientious taking of rent for the loan of money; which doth not come under any kind of usury.
To this I answer: Doubtless there may be such a just receiving.
There are 3 sorts of Persons.
1. Poore men, that have no meanes of repaying you againe: if these come to borrow, you are not bound to lend to these, but to give them as charity moves.
2. Poore men that follow an honest calling, and have meanes of paying you againe, and you are perswaded they will pay you againe; here you are to lend them freely, propter Officium mutuationis, because of the duty of lending commanded you in the Gospell, Mat. 5.42. From him that would borrow of thee, turne not thou away.
And this is not a command only of one Christian to another but even I quere whether it ought not to be done to diligent civil moral men also. Luk. 6.35. Lend freely-hoping nothing therefrom, that is, from the loan. The word is, foreign so that in lending to such a poore man, I am not to take a penny,It is not a gift, but a lending nor to hope for a penny, because it is my duty to do it freely; as it is my duty to visit my brothter in his sickness, to pray for him, and to comfort him in his affliction of conscience; and all this am I to do freely; by which you may understand what. Usury is, even,
Ʋsury is the taking of any thing for the duty of lending, from a poore brother, or a person to whom we are bound to lend freely.
3. A third part are rich men, who borrow your mony to make a gaine of it, either by purchasing or merchandise, or such like: here you owe no duty, and therefore propter Officium in, debitum, for an undue service and benefit you take profit six per cent. or the like. You have an 100 l. your neighbour hath an 100 pounds a year: he comes to borrow your 100l; may you not take profit of him for the same? yes, out of question.
Obj. But you must not bind this rich man absolutely to pay you six in the hundred, because it may fall out he may not get a peny, but lose; and so this will be uncharitable.
A. No it will not be uncharitable; for if the debter make 50 l. profit in the hundred, I shall have but my six pounds, and therefore if he lose by my mony, I must look for my rent; for a rule must be set down, that the loan of mony is worth a certaine rate, and the borrower to stand to the hazard. And truly I speak my conscience, that I think six in the hundred is a conscionable rate. For my own part, I have both borrowed and lent acording to that proportion. If persons go beyond that proportion, let them look to it: for upon a little grant or sight of Christian liberty, persons are wont to go beyond all bounds.
1. If it were unlawful to take of Rich men for lending, then the prohibition would be universal,See Levit. 25.35.36.37. and not particular: but it is particular: see Deut. 15.7, 8. If there be a poore man of any of thy brethren, thou shalt not harden thy heart, but shalt lend unto him. Luk. 6.35. compared with ver. 34. the command is limited to poore men; and we are never commanded to lend to rich persons. Exod. 22.25. If thou lend mony to any of my People that is poore, thou shalt not be to him an usurer.
2. From rules of equity. Is it equall that a rich person should use my mony, and get by it, and I get nothing? Besides, there is a burthen upon the lender; for now all opportunities of disposing his mony to profit, is taken away, because another man, a rich man, hath borrowed his mony.
3. From gratitude: we ought to be thankfull where we receive. Now where's thankfulness, if you pay back only the principall?
4. From charity, which teaches every man to have a care of his own, 1 Tim. 5.8. Now if rich men have my mony, and grow richer, and I have nothing, where is my care?
Besides, what difference betwixt my taking 6 l. a year for a purchase that cost 100 l. and 6 l. a year for the rent of 100 l? truly, if either be more lawfull, then the taking 6l. for the mony lent, because there is venture in this, which is not so much in the other.
OnelyOnly let those that have store of mony beware that they do not so near lend out their mony to rich men for profit, that they have not to supply the poor, where duty cals for it; remembring the forenamed commands, Levit. 25.35. 36, 37. If thy brother be waxen poore, and fallen in decay, then thou shalt relieve him; yea though he be a stranger or a Sojourner, take thou no usury of him, nor increase; but fear thy God. Thou shalt not give him thy money upon usury nor lend him thy victualls upon increase. See how the limitation is to a poore brother.
And the reason why we are to lend freely to him is, because he borrows for the sustentation of the life of him and his; whereas rich men borrow to get gaine thereby; hence rich Christians ought to lend freely to the poore, even though sometimes the principall may be in hazard.
For Objections against this Doctrine, they are so inconsiderate, that I shall say little to them. As,
1. Object. How can money beget money?
Answ. Nor can land beget money: yet, with the endeavours of man, money comes by both.
2. Object. Money cannot be a Merchandise, and the price of Merchandise.
Answ. Why may it not be both? Besides, before money was found out, cattel and other wares were the price of Merchandise; which you will approve of, and why not of money?
3. Object. Lend freely looking for nothing again, Luk. 6.35.
Answ. Christ limits it to the poor. vers. 34. for Christ speaks of lending to those from whom we cannot hope for like courtesies; therefore onelyonly to be limited to the poor: and so, vers. 36. If you lend to them of whom you hope to receive, what thank have you? that is, with God. Therefore Christ speaks of lending to them from whom you cannot expect like kindness: And herein I acknowledge you ought not take any thing. Not as if Christ forbade us to lend to the rich, but onelyonly shews we are not bound to do it gratis: neither doth Charity consist herein; this place is cleared by Luke 14.12. where Christ simply doth not forbid us to invite our friends or rich neighbours, but shews that Christian charity doth not consist in inviting those that can invite us, as the Pharisees thought; but in inviting those that cannot invite nor requite us; as poor, blinde, maimed.
And seeing it was lawful for the Jews to take profit of strangers for the loan of money, it follows that it was not of its own nature unlawful to take profit for loan of money; else had it been as unlawful to take of a stranger as of a Jew.
Now for the profit the Civil Law allows for loan of money, Justinian (Cod. l. 4. tit. 32. l. 26.) limited to Noblemen and Gentlemen, who use not to occupie their money for gain 4 l. in the hundred; to Merchants and Trades-men, who live by the employment of money, he allowed 8 l. in the hundred; and to all other men, 6 l. in the hundred; and in the money sent beyond-sea, at the Creditors peril, he allowed 12 l. in the hundred: and our Law allows 6 l. per cent.
Now for Restitution for Use-money: If you have taken any thing of any man for the duty of lending, being bound to lend to him freely, you are to restore for the same, Neh. 5.11. Restore EVEN THIS DAY, the houses, and lands, and the hundredth part of the money. They must do it this day, or presently, lest their hearts should study distinctions for to keep it back.
Q. At what time is Restitution to be made?
A. Presently, even in the day wherein a person is found guilty, Levit. 6.3 4 5. in the day of his trespass-offering, when he comes to make reconciliation with God. If a man had denied any thing that was given him to keep or cozened in partnership, or had taken away any thing by violence, or had kept a foundal which he denied and forswore; he was to restore for all these, vers. 4. he was to restore it in the principal, and to adde the fifth part more thereto, and give it to him to whom it appertaineth, in the day of his trespass-offering: And he shall bring his trespass-offering before the Lord, and the priest shall make an atonement for him before the Lord, and it shall be forgiven for any thing of all that he hath done. Where we see, the same time that the trespass-offering was offered for him, that is, the atonement of Christs satisfaction; at the same time the sinner made restitution. Zacheus he restored presently, Luk. 19.8. If I have taken any thing from any man, I restore him.
Q. To whom must we restore?
A. To the party damnified: If he be dead, then to his executors, if they be kinsmen, (for sometimes strangers are executors in trust) or to their neerest kindred, if they be not executors. Num. 5.8. having shewn that restitution should be made to him against whom the trespass is vers. 7. he shews (vers. 8.) that in case the man be dead, then it must be given to his kinsman: If he have no kindred, then must it be given to the Lord, that is, to the poor.
Object. But I am unable to restore.
Answ. The desire of doing is enough, when a man can do no more but desire. 2 Cor. 8.12. If there be a willing minde, it is accepted. But when God makes you able you must restore.
Object. But if I thus restore, I shall have nothing to maintain me and my children.
Answ. We must first restore, and then maintain our family with the rest: 2 King. 4.7. Pay that thou owest, and live thou and thine of the rest. And if nothing be left, then trust Providence: God will never fail. Heb. 13.5.
Object. Others have wronged me: if they would restore to me, I would restore to others.
Answ. Though they do not restore to thee, yet art thou bound to restore to others. The sin of others, in not doing their duty, cannot exempt thee from doing thy duty.
Quest. But am I onelyonly bound to restore the principal?
Answ. Yes: you are over and above, to adde something, for detainment of it so long from the owner: for, had such owners had their stock in their hands, they could have made benefit of it. Hence, because there is lucrum cessans, & damnum emergens, a ceasing of gain, and an accrument of loss, you must adde something above. Hence we read, Levit. 6.5. and Numb. 4.7. there was with the principal a fifth part to be recompensed. When you send or carry the principal, you may ask your damnified Creditor whether he will have any thing for detainment. You must give it, if they will have it: if they forgive it, all is one as if you had paid it; you are acquitted. As the Philistims, when they had kept the Ark in the Country seven months, returned it back with a trespass-offering, five golden emrods and five golden mice; do thou restore the principal, and profer for the time of detainment.
To restore, is of the light of Nature, and enjoyned by the Law of God: but how much must be restored for detainment, that is, for keeping another man's goods in our hand, this is the positive Law of the Magistrate, who sometimes appointed five oxen for one ox and four sheep for one sheep, Exod. 22.1, 2. 2 Sam. 12.4. David saith, He shall restore the Lamb fourfold. To restore, was the duty; fourfold, was the punishment. But if the ox or sheep were found in the thief's hand alive, then was he onelyonly to restore double, Exod. 22.4. Zacheus saith (Luke 19.8.) If I have taken any thing from any man (by false accusation) I restore him fou…fold. After, there came to be an addition to this Law, That the thief should restore sevenfold: yea, he was to give all the substance of his house, Prov. 6.31.
Now for the positive law of the Conscience, I humbly propose my advice, That we restore according to the ceasing of gain, or emergency of loss: As, suppose you have stole from a man or from a Commonwealth an hundred pounds: Now what ought to be returned over and above the principal? Truly, I think, four pounds by the hundred, or, at the utmost, five pounds by the yeer, for so many yeers as you have had it in your hands; unless the Creditor in ingenuity shall remit, as, if he have any spark of conscience, he will be merciful in this, especially seeing few men there be who in their natural state are not more or less guilty of sins of injustice.
Now the reason why I think six pounds in the hundred yeerly is but an equal satisfaction for money lent to rich men, and that five pounds is sufficient for detainment-money to a Creditor from a thief or an unjust person, is, Because the party that wanted his money proportioned his expences so much less, not onelyonly towards his family, but to the poor, and godly uses; every rational man making his comings in the rule of his disbursements: and the thief or unjust man proportioned his expences so much the more, yea to uses civil, for which he was assessed by a Civil Law, and sometimes to pious uses, by the instigation of others, and the urgencie of natural conscience; which uses in such cases are not altogether to be laid asleep. But in in these cases that you may not run uncertainly you had need to have advice from godly learned men.
Yet I will not hide any thing from you, that may any way help to mitigate rigour in a case so needful. Know ye, that when Paul in his natural estate imprisoned many of the Saints, and troubled them from Court to Court, so that those persecuted Saints could not but suffer much loss by being forced to neglect their Callings, besides the charges of imprisonment whereto he exposed the brethren; who (Acts 8.3.) making havock of the Church, entered into every house; and haling men and women, committed them to prison: yea, Act. 26.10. many of the Saints he shut up in prison; and some of them he gave his consent to put to death; which could not be done without damage to their living friends: yea, vers. 11. Paul then persecuted the Saints to strange Cities: Yet for all this, we never read that he gave a peny restitution, no not so much as for the principal, much less for detainment-money: which should breed much moderation in damnified persons towards godly scrupling consciences.
Now for restitution for wrongs done in childhood; as stollen apples from robbing Orchards, and all such things of that kinde; I much question whether there ought to be any restitution at all, seeing they did incur the discipline of the Rod, which one time or other met with them in these pranks. I herein incline to the negative, though tender consciences, who would have most fulness of satisfaction herein, may do what they shall see satisfactorily expedient.
In some particular case it may fall out, that a right conscientious man may do an unjust act, and may live and die without restitution through ignorance or incogitancie; as David did, who divided Mephibosheth's lands betwixt him and Ziba, upon Ziba his slanderous suggestion, which he too credulously believed; and yet God pardons this, upon a general repentance, among our secret sins, because the searcher of hearts knows that such a man were he convinced of any such unrighteousness, hath a purpose in his heart to restore.
Object. But I would willingly practise this duty of Restitution, that so I might have a quiet setled conscience; but I want direction herein.
Answ. 1. In shameful cases, send it by the hand of some faithful friend, who may speak to the party damnified in this manner: M.N. a friend of yours, who desires to have his name concealed, hath sent you ten pounds, which formerly in several ways he deceived you of, and one pound for detainment thereof so long from you: he desires you to forgive the wrong and to pray for pardon from him. The party thus damnified, may, upon the confession of the penitent, receive the money, though he know not that the penitent hath wronged him a peny. The reason is, because, in the Courts of men, every mans confession against himself is sufficient. When the Amalekite confessed that he had killed Saul, David put him to death, 2 Sam. 1.16. saying, Thy blood be upon thine own head, seeing thy mouth hath testified against thee. If a mans own testimony can be sufficient against himself in point of murther, why not much more in cases of injustice, wherein it may be presumed that nothing save conscience moves a man to discover a secret evil, and that to his own detriment?
But if the party damnified will not receive the money so tendered to him, without the knowledge of the name of the party that deceived him; forasmuch as God calls you onelyonly to restitution, and not to shame your selves (and so become unserviceable in your generation) the money being offered to him againe and againe, and he still refusing, I suppose you may with good conscience give it to God, that is to say, to the poor; unless you can some way insensibly mixt it with the creditors estate.
In case your friend should prove unfaithful to you, in not restoring what is committed to him, and should pervert it to his own use; you are no more the thief or unjust person, but your friend: howbeit, what you send in this way, send it by the hand of some faithful and discreet friend. And forasmuch as charity teacheth us not to think evill of any man groundlesly, much less of such a man, our hearts may be quieted that the thing is done according to appointment.
What I speak concerning wronging particular men, we may apply the same for damage done to the Commonwealth in general, or to private societies; onelyonly you must not think restitution can be by way of gift: for example; suppose you have wronged the Commonwealth a thousand pounds, if you think to satisfie in this manner, by giving five hundred pound to build a Grammer-school, and five hundred pound more for an Hospital, and two hundred pound more (being the detainment-money) to mend the high-wayes, or for a stock for the poor; this is not properly restitution, because it is not given to the Commonwealth in lieu of dammage, but in form of charity. But if the same money shall be so employed by a trustee for the forenamed uses, as a matter of restitution, and the trustee declare it, though concealing the restorers name, this is restitution; and this comes to more in the sight of God and conscience, then so much laid out upon the most charitable uses.
1. We must not make that a matter of Praise, which God hath made a matter of Punishment.
2. If you can write, keep a book in writing to whom you have restored; that if your conscience scruple in time to come, by reason of the forgetfulness of your memory, you may be able to still it.
3. Search thy heart thorowly, till conscience have no act of injustice to object against thee, for which thou hast not restored; else conscience will stare in thy face when thou lyest on thy death-bed, if not before.
4. Let restitution be speedy, Levit. 6.5. in the day of your atonement, as soon as ever you are convinced of injustice, lest death surprize you as a fish in a net, or a bird in a snare, Eccles. 9.12. Besides, many casualties may swallow up thy estate: also, there will be little comfort in leaving it to Executors, of whose faithfulness thou canst not so well be assured, but that there is place for suspicion of doing it so carefully as thy self mightest have done it.