THE HANDMAID OF REPENTANCE. OR, A SHORT TREATISE OF RESTITUTION.  
Written by ARTHUR: DENT, Minister of God's word at Southshoobery in ESSEX.  
As a necessary Appendix to his Sermon of Repentance.  
Printed for Thomas Thorp. 1614   

TO THE CHRIstian Reader.  
THE zealous care of that religious and learned Teacher Mr. Dent, towards the edification of God's house, in the exhortation of his people unto holiness of life; as it hath sufficiently approved itself to the general view of the World in divers worthy works of his now extant: so by the consent of many devout and judicious Christians, it hath not in any one piece or other of his doing, more fully and truly expressed itself; than in that Sermon which himself first preached, and afterwards caused to be published, upon Repentance. It might have been supposed, that this delicate Age of ours would scarcely have put on so rough a garment. But the virtuous cunning of that excellent Artist, had so thick overlaced the same with heavenly promises and comfortable persuasions: that although at the first assaying thereof, it found itself inwardly pricked and perturbed; yet after a little wearing, and by daily use, the straightness thereof became both profitable and pleasing, and it rejoiced not a little to be so happily deceived. Behold here another piece of Work, made by the same hand, A short Treatise of Restitution: Array thyself likewise (good Christian) with this Vesture; being indeed an Ornament, which will make the rest of thy clothing appear more gracious. This is the true Touchstone which tries thy repentance; and gives thee to God and the world either a true Christian, or a counfeit. Be not afraid to use it: but as thou hast vouchsafed the former, of Repentance, to wear in thine heart, and hast thereby no doubt (if thou be a Christian) received great consolation; so let this latter, of Restitution, be as a Posy in thine hand, to thy more assured & greater comfort. This is the furniture which renders the guest acceptable at the heavenly marriage. If then thou desirest to be welcome to that Feast, enter thus suited. Now forasmuch as this so necessary and Christianlike a work, penned by so singular a Minister of the Gospel, and so much conducting to eternal bliss, hath by God's goodness come unto my hands: and considering that Repentance is of small force where Restitution is wanting, as being the only Key which openeth the way unto Remission; I held myself bound in Christian Charity, to communicate the same unto my Brethren. Such Talents must not be hid, but put to usury, that they may be increased with profit. Praise God for the Author of so good a work; and use it to the rectifying of thine own conscience, that God may be glorified; which is the accomplishment of my desire. Farewell in the Lord.   

A TREATISE OF RESTITUTION.  

Matter.  
THe matter subject of Restitution is threefold: the first, satisfaction for things taken from the Owner: the second, of damage sustained; the third, of injuries offered. In all these Cases, a careful Christian ought to make Restitution, in manner and form as hereafter followeth: these circumstances considered.   

Circumstances.  
Who, and to whom,  
what, and how much,  
Where, when, and how,  
thou shouldst restore,  
Consider well:  
this will thee teach  
A Lesson good,  
for rich and poor.   

Manner.  
Touching the first part of matter taken, we must understand, That things be taken from the owner two ways: viz. either violently, or voluntarily: as by rapine, theft, etc. voluntarily, as when a man borrowing any thing, receiveth it at the owner's hands. As the taking the one, is injurious: so the detaining of the other, is malicious.  
Having thus briefly spoken of the matter, wherein Restitution is to be made: let us now proceed to entreat of the circumstances, and that most briefly, in order, thus.   

Persons who.  
Every one is bound to make Restitution, who hath been the cause of wrongful taking: and where the persons are many, every one ought to restore.  
Ten ways may a man be the cause of wrongful taking another man's goods, for which he is to make restitution.  

1  
He must restore  
that others goods doth take;  
As he also  
that substitute doth make.  
The Usurer,  
his Servant sends for bands,  
To wound a man,  
another he commands.  
The Masters here  
the Servants do compel,  
Not to obey,  
as much as to rebel.  
Therefore in these,  
the Master is to blame  
For Servants faults;  
amends than make for shame.   

2  
Or doth approve  
what in his name was done,  
He must restore;  
and not the time prolong:  
Of rash attempts,  
Repentance follows soon.   

3  
Ill counsel oft  
moves many one to ill:  
Therefore beware;  
to counsel is to kill.   

4  
Consent, as cause,  
in mischief must be taken:  
Therefore 'tis good,  
ill counsel were forsaken.   

5  
Beware of praise:  
commend not one in sin▪  
One mischief done,  
another doth begin.   

6  
He that in ill  
with others hath a share;  
To make amends,  
in conscience must prepare.   

7  
He that receives,  
from theft will not refrain,   

8  
Stolen goods concealed,  
embolden thieves again.   

9  
Not to resist,  
or stay a bad intent   

10  
Is judged as much,  
as for to give consent.    

Persons to whom Restitution is to be made.  
If the thing taken or withholden, be any man's proper goods only; than it must be restored to the right owner. But in case a public person, either Civil or Ecclesiastical, waist or make spoil of things belonging to their place: Restitution must be made unto the place, whereunto the matter belongeth.  
If the owner be not known, or if one cannot have free and safe access unto him: than it ought to be given unto the poor.  
If a man be bound to make restitution for things unjustly taken, as in usury: Restitution ought to be made to the party damnified. So that these two things concur; unjust taking, and damage ensuing thereupon. In so much that he which stealeth a pawn from a Marchant-man, aught to restore it to the Merchant: notwithstanding, in the Court of Conscience he might restore it to the owner; so as the Merchant were not thereby damnified.   

Owners dead.  
If the person, to whom Restitution ought to be made be dead: it shall be given to his heirs.   

Unknown.  
If the person, from whom any thing hath been stolen, be not known, after that a man hath done his endeavour by diligent inquiry: then the thing shall be given to Christ in his poor members, 
Our times cannot like such curiosity.  as Lord of the whole world.  
If the owner be far distant, and the thing withholden, may easily and faithfully be sent unto him: if the matter be of great value, it ought to be sent unto the owner, at the costs and charges of the wrongful detainer: if it cannot be sent unto him, and the matter be of small account, it may be given to his Kinsfolk, or to the use of some Hospital, at the discretion of some honest person; with this Proviso, that when the owner cometh, it shall be restored unto him.   

Usurers.  
If an Usurer be in conscience moved, to restore the money taken by Usury; and the parties, to whom Restitution ought to be made, be removed from the place where the Usurer dwelleth: then the Money may be returned at their own charges; 
Too good to be true.  but if the Usurer remove, then at his charges.   

Mad men.  
The owners ought not always to have their own restored: namely, when it might turn to their own harm; as a a sword taken from a mad man: but it may be reserved for his heirs.   

Dishonest.  
Things taken upon unhonest conditions, need not to be restored, unless they be gotten by craft or violence; or taken from him, that hath no right to alienate them.   

Game.  
Things gotten by Game, are of like nature: yet in both, the parties may be counseled to give them to the poor.   

Things found.  
Things found, which never had owner, or who never was known in the memory of man, or that ears not for them; are his that finds them.   

Treasure.  
Concerning Treasure, the right owner whereof is not known: if a man find it in his own ground, it is the finders: if it be found in another man's ground, half of it is the owners of the ground; the other half is his that found it.  
If treasure be found in another man's ground, by diligent search, with consent or licence of him that owes the ground; it is his that finds it, because the other will not seek it. If a man seek for treasure, against the will, or without the licence of him that owes the ground: it wholly belongs to the owner of the ground.  
If a man know there is treasure in another man's ground, and buy the ground: it seemeth, that the treasure is the buyers. As for those Customs and laws, whereby treasure found belongeth to the Prince; 
Note.  I purpose not to meddle, neither do I speak any thing in this whole discourse that is prejudicial to the Laws. Let the learned Lawyers discuss such cases. Yet Laws grounded upon reason, aught in conscience to be regarded.   

What a man must restore.  
Things in their property and kind, as also damages, are to be restored.  
If the thing itself be to be had, let it be restored, unless the fear of scandal or other danger should ensue: 
In this case men must beware, that they become not Felons of their own goods; especially, if after his goods be taken he have made any pursuit, by raising hue & cry: otherwise, the matter being secret betwixt the taker and the owner; a man may without danger receive his own again, as some think. Lamb.  then may the worth thereof be restored, at the discretion of some honest person. If the thing itself cannot be had, or be made worse, the like may be restored.  
Whosoever hath another man's good, is bound to restore it; whether he have it by good means or otherwise.   

Things bought bonâ fide.  
If a man buy an Horse, thinking it to be his that sells him, 
Our laws are otherwise, grounded on this: Rather a mischeese, than an inconvenience.  and is not: if he shall afterward sell the Horse to another; he is bound to restore the gain, & no more.   

Given.  
If a stolen Horse be given a man, and he afterwards sell him: 
Note.  he ought to restore the price fully: if he keep him, he is bound to restore him without any price to the owner. Yet he may have action against the seller howsoever.   

Malâ fide.  
If a man buy aught by evil means, upon a greedy intent of gain: he is bound to give the thing, if he have it; or the value, if he have it not, together with the gains he hath got thereby. And although it be stolen from him; yet is he not free from Restitution.   

Goods preserved.  
A man, taking the goods of another, only with intent to save it from spoil or perishing; may lawfully demand his expenses.   

Of hindrances.  
If one violently or unlawfully stay or hinder another from obtaining of any commodity, he is chargeable with the damage.  
A man, letting another from the lawful dispatch of his honest business, or duty; is bound to make amends, at the discretion of some honest person.   

Creditors.  
He that hindereth a Creditor by unlawful means (that he cannot demand his debt of the debtor) by delivering him out of prison, by rescue, or other unlawful means: and generally, he that is cause of damage to another (especially of set purpose) if the damage be certain, is liable to all; if uncertain, as an honest man shall award.   

Goods perishing in another man's hands.  
If another man's goods perish in his hands, through whose default they are not restored to the Owner, if the goods should nevertheless have perished in the owner's hands; in this case he is not bound to make satisfaction.  
But it is otherwise, if the Goods remaining with the owner had not perished: or if the owner was about to sell them before; or otherwise, to convert them to his own benefit and commodity.   

A man flying from his own goods.  
If a man through poverty depart or fly his own house, and from his goods: he is bound in conscience to restore, and satisfy for his debts, when he comes to better state, and shall be able.   

Life, Limbs, etc.  
In those damages that ensue upon a man's death, wounding, hurting, imprisoning, defaming, etc. Restitution is to be made at the discretion of honest persons; and according to the power and ability of the party.  
Who so deflowereth a maiden, either by seducing or by violence, is bound either to marry her, or to make her amends at the discretion of some honest person. If he promised to marry her, he is bound to do it, unless some great scandal or slander should follow thereupon. But in case she will not marry him, or her Father be unwilling; then he shall satisfy her, as some honest man shall award: but if she was willing to the fact, he is free from both.   

How much aught to be restored.  
If the quantity of the matter taken, or of damage sustained, be certain; he is bound to satisfy as much: if it be uncertain, as in injuries and wrongs, then as much as an honest person shall appoint, according to the circumstances of the offence, etc.  
He that possesseth any thing that is another's, whereby he is enriched, aught to restore it wholly, and the increase thereof: deducting out his expenses, for getting, keeping, and preserving the same, and fruits thereof.   

Legacies.  
The reason of him that payeth not Legacies due many years before: who ought to make restitution for the commodities detained.   

Where Restitution is to be made.  
If Restitution be necessary for aught unlawfully taken from another: restitution must be made, where the owner may be kept indemnified; if otherwise, where the thing was had.   

Of the time of Restitution.  
A man having aught that is another's, 
Note ● well.  is bound forthwith to make Restitution. Touching this word (forthwith) understand it thus, That a man be fully resolved, and purpose, to restore as soon as conveniently he can. As concerning the performance of his purpose, and the effecting of his intent, He ought to do it in time convenient; due circumstances considered.  
Three things may excuse a man, from making present restitution.  

1  
First, the will of the owner granting delay.   

2  
Secondly, ignorance of the reasonableness of right, or of the fact.   

3  
Thirdly, want of ability. Touching which point, the opinion of the learned riseth upon six conclusions.   

1  
The first is, That a man may in extreme necessity, not having any thing, but only things necessary for his own life, and his, is not bound to make present restitution: because at that time all things are common.   

2  
The second is; He that by making Restitution could not live, according as becometh his estate, although the owner not being in the like or greater necessity, will not grant time: yet is he not bound to make present Restitution. Notwithstanding, he ought to beware, that he make no needless expenses: otherwise in reason he could not be excused.   

3  
The third is, when restitution should turn to the owner's harm, either in respect of his body, or his soul, if restitution were made: he ought not presently to do it.   

4  
The fourth is, if the same should tend to a public danger, or were against a public commodity.   

5  
The fifth is, if it were likely to turn to the loss of the Restorers good name, the danger of his life or soul, or if thereupon should follow some grievous sin: present restitution ought not to be made, because these are greater damages.   

6  
The sixth is, if present restitution should more hurt the debtor, than profit the Creditor. As if an Artificer, being in debt, should sell his tools or instruments of his occupation, whereby he getteth his living: in this case he ought not to make present restitution; because in reason he ought to have time given him. It should be otherwise if the Creditor were in like state: 
Note.  because no man ought to hurt another for his own benefit. It is otherwise where a man deferreth to restore, only for lucre sake, and not upon necessity. Note also, that if delay should be hurtful to the Creditor: although a man should avoid the greater loss in his proper goods; yet at the least, the Debtor must keep him losselesse.    

What order and manner is to be kept in making Restitution.  
He that is able, aught to make restitution to all, without respect of order, or delay of time.  
He that cannot restore to all, let him first restore things certain before uncertain.  
Amongst things certain, let those first be restored which are in their own kind, and another man's; as goods committed to keep, and things bought and not paid for: then, other goods in order, as the Laws and Statutes do appoint. If it be not against the Law of Nature: and in case there be sundry and manifold opinions; the safest is to be followed.   

Takers of Money upon use.  
He that hath taken Money upon Usury, if he have not so much goods as to satisfy for other lawful contracts, and the Usurer too; is bound first to satisfy for his lawful Contracts, with these two conditions: the first, That the things taken to use, be not in their proper kind, as pawns (for these aught to be restored to the owners paying the Money;) the second, if by such Contracts the party was not made poorer, to pay his former usury: as in the promise of a dowry it might befall, whereby his might become poorer. In this and the like cases, lawful Contracts must give place.   

Uncertain goods.  
If the goods to be restored be uncertain: then godly counsel and honest advise must direct, evermore provided, that men, in great distress pitied, be not by sufferance emboldened to bad attempts.   

Secret things.  
Things secretly taken to use, ought carefully to be restored, that the parties honest reputation and good name be not hurt: but public usury ought publicly to be restored, for by restitution a good name is recovered.   

Good fame and name.  
If one defame another by just course of Law, there no Restitution lieth: but if he do it unjustly and untruly, let him make amends, by acknowledging that he spoke untruly, or concealed the truth. Whe●… words repeated may do more harm then good, there ought to be none acknowledgement.  
If a man's good name cannot be recovered, restitution is to be made some other way: and the damage that hath ensued upon defamation, aught to be satisfied; at the discretion of some honest person. The like may be said of slanderous libels: and the restitution ought to be made there, where the slander was raised, whether publicly or privately, etc.  
If thou findest any thing belonging to an other man, and makest not restitution thereof unto him: the very withholding is mere rapine. For herein thou hast performed thy uttermost; and hast not done more, because thou couldst not. To deny a man that which is his own, is all one as if thou hadst taken it from him.  
If thou confess thyself an offender, in taking and detaining an other man's goods, and thereof outwardly repent thee: yet if, having it in thy power to make restitution, thou still detain them; thy repentance, howsoever thou makest show thereof, is not true, but feigned. But without true repentance there is no remission: and his repentance is good indeed, which restores the cause thereof to the right owners; always provided that the Penitent have the ability to perform it.  
Many account it no sin at all, to detain an other man's goods if they chance to find them: upon this ground, That GOD hath sent them; and therefore to whom should they restore them? But let such men know, That it is a sin not much differing from theft, to withhold from the Owner even that which they find.  
He is bound to restore the damage, that another sustaineth, which being thereunto obliged by his office or place, doth not hinder the same; as is the case of a judge, a Father, or Tutor: except the hazard of his own affairs, which he ought to prefer before other men's, be the cause of his omission. But he that hereunto is not tied by his office, is free from such obligation.  
A witness being lawfully examined, and concealing the truth, or not speaking the whole truth, is bound to satisfy the damage sustained by reason of such his concealment or silence.  
He that fraudulently occupieth another man's ground, is bound to satisfy for the fruits received, which otherwise the Owner himself might have gathered, deducting only his necessary expenses, and consideration of his pains, taken, and bestowed upon it. But the case is otherwise, in profit arising by use of another man's money: for Restitution thereof is not to be made, unless it may appear that the Owner himself could have gotten so much by it.  
He that makes a lawful promise, and doth not perform it; aught to satisfy for Damage, following upon the breach of it.  
He that taketh any reward to do evil, if he have not done it, aught to make Restitution; but if it be committed, he is at liberty: howbeit S. Augustine be of opinion in his 54. Epistle: That an Advocate is bound to restore his Fee taken, for the defence of a bad matter.  
He that hindereth another in the free donation or collation of a Benefice, so it be done without violence and fraud; is not bound at all to satisfy for it; because as yet no right of title thereunto is gotten: Likewise he that procureth a will to be altered, and that with a crafty intention; yet because there is no settled right thereof, as being in the power of the testator to change it; the party so doing needeth not to make any satisfaction: according to sundry men's opinions.  
But others there are of a contrary judgement, affirming, That such men are worthily bound to make Restitution, because they offend against the rule of justice.  
Things committed contrary to Charity, yet according to justice; require neither Restitution nor Satisfaction.  
Where two men have hurt one another alike: where two parties have defamed each other: there is no satisfaction to be awarded.  
The seafaring man is not bound to restore those things, that he casteth into the Sea; which being kept aboard might be lost notwithstanding, and be occasion of the loss both of ship and passengers.  
Neither is he bound to make Restitution; who after long and diligent search for his Creditor, and not finding him, distributeth his Debt among the poor: if it be done by authority of a judge, and not of too great moment.  
The heir of an executed murderer, is bound to restore the damage sustained by the heir of the murdered; yea although the party damnified be not urgent.  
Debt kept back from a spend thrift, and reserved either to help him in his extremity, or to the use of his heirs, is not of necessity to be paid unto the Prodigal. Some there are notwithstanding of a contrary opinion, that positively hold, That it ought to be restored unto him; and in like case to any other, howsoever they abuse their own: as long as his or their neighbour be not wronged by it.  
He that hath any thing in custody which is stolen from a thief, aught to restore it to the right Owner; unless the fear of death restrain him.  
So much is to be restored, as is received. For Restitution maketh an evenness.  
Stolen goods bought with an evil conscience, aught to be restored: yea although by Law the sale may be justified.  
It is not lawful to detain any thing from the Owner, any longer, than till we find opportunity to restore it.  
Of three the most especial degrees of repentance, this of Restitution is the most supreme: like as in the three Theological virtues, Charity obtaineth the highest place. And this dignity is principally attributed unto them above the rest of their associates, in respect of the end.  
For as Faith without Charity is dead: so Repentance without Restitution is a vapour; neither of them conducing to the proposed end. Suffer not thyself therefore to be carried away, either by thine own frailty, or the suggestion of Satan, from performing this most necessary and Christian duty. For indeed, as Charity demonstrates Faith: so Restitution makes Charity perfect. And how can he think to be at peace with GOD, that makes no satisfaction for wrong doing? Such men's sorrow for their sin is all one with that of cain's, who in the guilt of his conscience confessing his offence, made it (collaterally) his request, That no man might kill him. This corporal death is it which they fear: the spiritual death they respect not. Verily I am persuaded, That with such men, the old heathen Sillius is of far more credit than any of the holy Writers either of the old or new Testament. His opinion was, that by denying God and his power he thrived the better. And can we judge otherwise of this generation, that make iniquity their practice, and seat themselves in the chair of Scorners? God send them better minds, if they be not already delivered over into reprobate sense, that they may cry God mercy, and obtain it, by rendering to every man that which is his own. With such sacrifice God is pleased, better than with the fat of bullocks. But now briefly to conclude: as I first intended no long discourse, so I will make a short end.    

The Conclusion.  
GEnerally in all cases, where the state, person or fame of any man suffereth detriment or loss, there ought the party delinquent to make Restitution. But in these days, Detention of other men's goods hath got such an habit amongst the most sort of people, through the long use and practise of it: that it is not only reputed no sin at all; but even those few, whom Gods holy Spirit toucheth with a true feeling of their offences in this kind, and thereby moveth them to make this holy and religious satisfaction, are by those that would seem wise in this point, accounted mere fools and of too scrupulous a conscience. Hence oftentimes it cometh to pass, that not only themselves run headlong on in their wicked courses; but others also by their means are drawn to the same ungodliness. Amongst the rest of many frivolous excuses, which carnal men are wont to allege against this spiritual counsel of Restitution; there is a politic shame or disgrace pretended, which of necessity must light upon the party restoring.  
Now to avoid this shame, which puts sin to flight, and availeth greatly to the perfecting of the new Man within us: they stop their ears at all godly admonition and heap one sin upon another; first, doing wickedly, and afterwards taking delight therein. Restitution therefore to these kind of people, is a most unwelcome guest: they may ill abide to see her in the company of others; and therefore by no means will entertain her themselves. But let them soothe their own opinions, and set light by God's judgements as long as pleaseth them: the less shame they have in this world before men, of their close and unjust gettings, and the less account they make of Restitution or making amends here; the greater will be their horror and confusion in the next, & the stricter reckoning will God exact at their hands. For such persons this Treatise was not framed, as being a Pearl not to be cast before such Swine. To the children of God in Christ jesus, it is directed, that are capable of goodness through him, and enabled to bring forth fruits worthy of amendment of life; that walk not after the flesh, but after the spirit. To them it is given to know the mysteries of the Kingdom of God, and to walk in his ways. In brief therefore I address myself to you my dear brethren: exhorting you to seal up unto your souls and consciences the assurance of the hope that is in you, by putting off the Old Man, and putting on the New; walking before God in holiness and uprightness of living, as becometh his children: For the attaining whereof, to the glory of God, and the good of his Church; I thought it very behoveful to write this short Discourse upon Restitution; which is so especial a part of Christian duty, and yet in these times so little regarded. Thus wishing from my very heart. That all men would beware how they offer wrong, and after offences past to make satisfaction: likewise that those which suffer wrong, would not be carried headlong to seek revenge, but always endeavour to preserve unity in the bond of peace; I commend these my labours, such as they be, to your Christian considerations: desiring God, so to imprint the meditation hereof in your minds, that if you have gotten any thing wrongfully, you may be moved with Zacheus to make Restitution:  
Laus Deo.