478 Chap.7 Of_Reßitutions. Com.B. Addition 35. 2. The rieceflity appears by.theplaces of Scripture already mentioned , wherein cónetrnia8 >t. it is exprefsly required, as neceftary topardon of fin, and fo tofälvation, neceftate Jtatution. This Pubutd lnyc peceptt, thoughnot medii. beta at fol. 3. If any ask the reafon why it is fo little urged by ourWriters, and t reachers, 475.r1æ cafe- and the praftife of it become fuch a firanger to us; teeing 'tis fo neceftary ; I anfwer; tzék that among many reafons that maybe rendred, thefe two are apparent. 33.5 r. The abufe and mekes about the dotrineof free Juffification, and about the lß1, i2 Luk.19.8,8te. difference between the Law and the Gofpel (of which fome touch was given be- st, du fourth fore) for divers make the Gofpel toconfift of meet promifes, as if all precepts were Addition, p. legal and that there could be no free remit ion,if any thing be required ofus,though 53 only by way of qualification to make us capáble,and not by way, of merit: which as it is direly contrary tothewholecurrent of Scripture, fo it opens agap to all liber- tinifm, and makes the whole duty of Chrifiian obedience, 'and this of reftitution in fpecial, meerly arbitrary inrelation to pardon, and therefore it is no wonder , that wherefilch principles are fucked in, that the praHiceof this duty is négleéted. 2. The ,negleét and difufeof peoples examining thëmfelves, and adviling with their Patton concerning the eftate of their fouls before they come to the holy Eu= charift, few take their counfel and directions concerning their aErions in particular; butcontent themfelves to hear them in thepulpit, where they fpeakonly in general hence peoplego on headlong in unjuft courfes without check of Confcience and nd reltitution is made, but what Law enforces whereas, if the Prieft knew the Rate of his flock, reftitution would be made, without any noife or breach of charity,or mul- tiplicity of Lawfuits s and hence it is , that the Lawyer hath.got this part of the Prieftsoffice, and all matters ofreftitution areremoved from the courtof confcience, forum confcientie, where the Prieft as Gods Delegatemight determine things of this nature without troubleorcharge to any, to theforum Civile,the courts at Wefiminft.. where, by thofe Peltsof the Commonwealth , unconfcionable Lawyers, fuits and quarrels are maintained, to the flameof Chriftianity , and thegreat hazard of peo- plesfouls. Now for the particulars above mentioned, we thall refolve them briefly. Exod.21:13 . 1.401, who is bound to reftore ? The arifwer is, T. He that bath any thing of 19.22, 3.14 another mans, by Loan,Truft,&c. or that bath unjultly damnified another, either in 14.1 í923y1 thegoods of his foul by fcandal, &c. or of his body by wounding, maiming, killing, &c. orof his honour and good name, by hander and difgrace, or of his outward e- 'late (which is molt proper forthis place) by theft,rapine,fraud, deceit, extortion, or any other unjuft ad : z. All that partake with him, as caufesof damnifyinganother;' Thom.za.2æ. theft are fa forth in that Diftich; g:62.m7.tte- Juifio, conflium, confenfiu, palpo, recurfut, gu,a1d.t. io. Participant mutua, non ebftano, nonmanifofíant. tr..a i35 Here are nineforts of perfans included as participating, fome by words only, as the Fitttra,,tratt. four fia-ft,bywhofe command,counfel,confent,or commendation,another is induced to 32' `i .T414. 30 Sam wronghis brother ; others by fait, as the receiver, and the helper, and theft concur and 12.7 by a pofitive at} ; others by a negativead, as they that hinder not, by word, or by Pfalm 50. IS deed, when they might and ought (ex officio, andnot only ex cbaritate) to have hin- dyed, or do not manifelt it after, when they are bound ex officio fo to do. All fuchare tyed to rellitution, if they be effe&tual caufesof thedamage. For the Rule of both Laws Civil and Canon is, ii caufam damni dedit, damnum dedfe cenfeeur. Rom.13 7.8 2. &uid, what mutt be reflored ? whatfoever of right belongs to another , or if Deut.24.13, the thingbe loft or perifhed, then the value, together with the fruitsand profits,and 3ær.22.113, 14 the damages arifng by unjuft detention. Levit.6.5 3. Cui, to whom ? To the party damnified, as the former places thew: but yet irn force cafes,Interdum non eftofficium reddere quidacceperio, faithSt.Ambrofe, aman is not bound to rettore what he bath received,as when the reftoring will be to the hurt of the owner, or to the publick damage of Church or Commonwealth:thus afword Matt.25.4, is not to be reftored to a'madman, but to him that lath the keeping of him. If the ban. 4.27 owner be dead, then to him, to whomhis goods of right oughtto dcfcend,Mumbers 5. 7,8. If theowner be not known, then to God , whois Lord of all ; the Lord Paramount to whom it efcheats, and to Cbrillthe Heir of all, that is, to the Prieft for Gods worship, Numb.5.8.-and to the poor membersof'Chrift. 4.uantum,
RkJQdWJsaXNoZXIy OTcyMjk=