What u P,sftiwtion, and wbat Satufa8ion. CHAP. XXXII. Cafes and :DireEfions about Satu{dffioti and P,sftitutio;. Tit. t. [afes..of Con{cience about Sdtufa8io11 and 1\§jlitution. Q.>dl. I· vv Hen ;, it that proper rrjlirttrion mll}l be m•de, and when fatilf•awn 1 ~·ft· rl and what H it ? A•fw. Rejlimion properly is eiufdem, of the fame thing, which was detained or taken away: Sati1{al1Un is folutio £qHivalenta, 'l.'tl tanti· &em, alias i~tdebiti ; that which is for cor:1penfation or nparation of Jofs, dammage, or InJury ; be.. iOg fomcthing of equal value or ufe tp the receiver. Primarily re1 ip{a debetur, Rdlitution is firlt due, where it is pof!ible: but when that is unavoidably hindrcd or forbidden by fome elfechial re– tlraint, fat~ftJliion is due. Whill1 Rcftitution of .the fame may be made, we cannot put off the Creditor or Owner wirh that which is equivalent without his own confcnt ; but by his cOnfent we, may at any time. And to the ~eOion, What H due fatiJfaaion? I anfwer, that when R.tjlillltion may be made, and he that fhoulcs re.nor~, dorh r~ther.dcfire ~he owner to. accept fome other thing in compenfation, there tbat proportion ts due [atu{aliton whJch both parties agree upon. For if it be above the value, it wls yet voluntarily given, and the payer might have chofen: And if it be :m– der the value, it was yet volUntarily accepted, and the receiver might have chofen. But ifRt}Htu• tion cannot be made, or not 'without fome greater hu~t to the payer than the value: of the thing, there clue fotisfa8ian is that ~hi'h if of tqu:'Jl value and u{t to the rtctivtr: And if he will not be farUfittl with it, he is unjutt, and it ~s quopd valorem rei. & debitum folventil, ful~ ~atisfuction, and he is not ( unlefs by fum~ othe~ acctdent ) bound to g1ve ~ny ~ore : B~caufe 1t IS not ano– th<;rs unrighteous will that he IS obhged to fulfill, but a debt wh>eh IS to be d1fcharged. But here you mull: diftingui!h betwix·t fatiJ[am .,n in C:omrnurarive ]ufiice, for a debt, or injury, and {atil· [ aftion in dljlributive Govtnting JultiC;c, fpr a fault or crime: The'meafure of the former fatisfalti· on, is fo much as may compenfatC the b~nen lofs, ; not only fo much as the thing was worth to 2 norhcr, but what it was worth to him : But the meafure of !he laJ.tr fatisfatl:ion is, fo much as tnay fcrve the ends of Government inHead of ad:ua\ obedience; or fo much as will fuffice as to the E 11 d 1 of Government, to rCpa~r the hurts which the crime hath done, or avoid whar it would do. · . And here you may f~e th~ anfwer to that Q!!<fiion, Why a1hitf ,..~ tOmmandtd to reffare four· ~Why did f ald, by the Law of M{u? for m that. rrjhtutaon. t~ere. was a. CODJun~bon of both_ thefe forcs of theyre!lor~ JatiJfaaion, borh in point of Commutattvt ~n~ VijlrJhutzvt ]u(hce: So m~ch a.s repaned theowners fo11rfold ?. lofs was {atisf<~Dion to the owner for the mJury : The refi was all fausfaD,on to God and the Common-weahh for the publick injury that came by the crime or violation of the Law. O!her an· fwers arc given by fome, but this is rhe plain and certain truth. ' ~eO. 2. How far it Rr{litution or Sa~ufallion necr§ary? "'" ·• • Anfw. As far as acts of obedience to God, and Jujtice to man are neceff•ry; that is, I· As a man O<.!!eJ•• 2 ' th;lt repcntcth truly of tin againfi God, ~ay be i~ved without external obedience? if you fuppofe J 1 jm cut off by dc:~th imme_diatcly upon hts Repentmg, before he hath_an~ ~pportumty to obey : So that the Animm obcdirndi ts abfolu~ely necdfary ; a~d the ~~us obedund, 1£ the.re be opportunity: s·a is it here; The anim111rcjlittttndt, or_true rcfolutlon or WJII1ngnetS to refiore ts ever necdfary to the fincerity of Jufiice and Repenrance m t~e pc~fon, as well_ as .n~cdfary 1ttctJ!ttJte pr~ctpti: And the ~et cf rrJFiwtir.n primarilY., and of fatufalbon feconda~1ly IS necdfary , tf there be time and power : 1fay nece§oJry alwayes.as a duty, necrf!itate pr.tctptr; and nccdfuy . nectffit•te medii, as a condition of pudon and falvatt~n, fo fu as ther are necc~ary aCb of ~rue repentance and obedience as other duties are: that IS, as a true pemt~nt may m a temptation omtt Pnycr or Church.. com~union, hut yet bath alwaycs fuch an habitua~ inclination t!). ir, as will bring him to it, when he hath opportunity by deliberation ~o co.me to ht~felf; and as m the fame man~e~ a.true_pcnitent may omit a work of charity or mercy i but not g>Vc over fuch works : Even.CO JS 11 m thiS cafe of ld\itution and fatisfafrion. ' ~·
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