_Tit. 1. Cases of Conscience about Satisfaction and Restitution._
_Quest._ I. When is it that proper restitution must be made, and when satisfaction? and what is it?
_Answ._ Restitution properly is _ejusdem_, of the same thing, which was detained or taken away. Satisfaction is _solutio æquivalentis, vel tantidem_, alias _indebiti_, that which is for compensation or reparation of loss, damage, or injury; being something of equal value or use to the receiver. Primarily _res ipsa debetur_, restitution is first due, where it is possible; but when that is unavoidably hindered or forbidden by some effectual restraint, satisfaction is due. Whilst restitution of the same may be made, we cannot put off the creditor or owner with that which is equivalent without his own consent; but by his consent we may at any time. And to the question, What is due satisfaction? I answer, that when restitution may be made, and he that should restore doth rather desire the owner to accept some other thing in compensation, there that proportion is due satisfaction which both parties agree upon. For if it be above the value it was yet voluntarily given, and the payer might have chosen: and if it be under the value, it was yet voluntarily accepted, and the receiver might have chosen. But if restitution cannot be made, or not without some greater hurt to the payer than the value of the thing, there due satisfaction is that which is of equal value and use to the receiver; and if he will not be satisfied with it, he is unjust, and it is _quoad valorem rei et debitum solventis_, full satisfaction, and he is not (unless by some other accident) bound to give any more; because it is not another's unrighteous will that he is obliged to fulfil, but a debt which is to be discharged. But here you must distinguish betwixt satisfaction in commutative justice, for a debt or injury, and satisfaction in distributive, governing justice, for a fault or crime. The measure of the former satisfaction, is so much as may compensate the owner's loss; not only so much as the thing was worth to another, but what it was worth to him: but the measure of the latter satisfaction, is so much as may serve the ends of government instead of actual obedience; or so much as will suffice to the ends of government, to repair the hurts which the crime hath done, or avoid what it would do.
[Sidenote: Why did they restore fourfold?]
And here you may see the answer to that question, Why a thief was commanded to restore fourfold, by the law of Moses; for in that restitution there was a conjunction of both these sorts of satisfaction, both in point of commutative and distributive justice: so much as repaired the owner's loss was satisfaction to the owner for the injury: the rest was all satisfaction to God and the commonwealth for the public injury that came by the crime or violation of the law. Other answers are given by some, but this is the plain and certain truth.
_Quest._ II. How far is restitution or satisfaction necessary?
_Answ._ As far as acts of obedience to God and justice to man are necessary: that is, 1. As a man that repenteth truly of sin against God, may be saved without external obedience, if you suppose him cut off by death immediately upon his repenting, before he hath any opportunity to obey; so that the _animus obediendi_ is absolutely necessary, and the _actus obediendi_ if there be opportunity: so is it here, the _animus restituendi_, or true resolution or willingness to restore, is ever necessary to the sincerity of justice and repentance in the person, as well as necessary _necessitate præcepti_; and the act of restitution primarily, and of satisfaction secondarily, is necessary, if; there be time and power: I say necessary always as a duty, _necessitate præcepti_; and necessary _necessitate medii_, as a condition of pardon and salvation, so far as they are necessary acts of true repentance and obedience, as other duties are: that is, as a true penitent may in a temptation omit prayer or church communion, but yet hath always such an habitual inclination to it, as will bring him to it when he hath opportunity by deliberation to come to himself; and as in the same manner a true penitent may omit a work of charity or mercy, but not give over such works; even so is it in this case of restitution and satisfaction.
_Quest._ III. Who are they that are bound to make restitution or satisfaction?