_Answ._ 1. He that is utterly disabled cannot restore or satisfy. 2. He that is equally damnified by the person to whom he should restore, is excused in point of real equity and conscience, so be it that the reasons of external order and policy oblige him not. For though it may be his sin (of which he is to repent) that he hath equally injured the other, yet it requireth confession, rather than restitution or satisfaction, unless he may also expect satisfaction from the other. Therefore if you owe a man an hundred pounds, and he owe you as much and will not pay you, you are not bound to pay him, unless for external order sake, and the law of the land. 3. If the debt or injury be forgiven, the person is discharged. 4. If nature or common custom do warrant a man to believe that no restitution or satisfaction is expected, or that the injury is forgiven, though it be not mentioned, it will excuse him from restitution or satisfaction: as if children or friends have taken some trifle, which they may presume the kindness of a parent or friend will pass over, though it be not justifiable.
_Quest._ XIII. What if the restitution will cost the restorer far more than the thing is worth?
_Answ._ He is obliged to make satisfaction, instead of restitution.
_Quest._ XIV. What if the confessing of the fault may engage him that I must restore to, so that he will turn it to my infamy or ruin?
_Answ._ You may then conceal the person, and send him satisfaction by another hand; or you may also conceal the wrong itself, and cause satisfaction to be made him, as by gift, or other way of payment.
_Tit. 2. Directions about Restitution and Satisfaction._
_Direct._ I. Foresee the trouble of restitution, and prevent it. Take heed of covetousness, which would draw you into such a snare. What a perplexed case are some men in, who have injured others so far as that all they have will scarce make them due satisfaction! Especially public oppressors, who injure whole nations, countries, or communities: and unjust judges, who have done more wrong perhaps in one day or week than all their estates are worth: and unjust lawyers, who plead against a righteous cause: and false witnesses, who contribute to the wrong: and unjust juries, or any such like: also oppressing landlords; and soldiers that take men's goods by violence; and deceitful tradesmen, who live by injuries. In how sad a case are all these men!
_Direct._ II. Do nothing which is doubtful, if you can avoid it, lest it should put you upon the trouble of restitution. As in case of any doubtful way of usury or other gain, consider, that if it should hereafter appear to you to be unlawful, and so you be obliged to restitution, (though you thought it lawful at the taking of it,) what a snare then would you be in, when all that use must be repaid! And so in other cases.
_Direct._ III. When really you are bound to restitution or satisfaction, stick not at the cost or suffering, be it never so great, but be sure to deal faithfully with God and conscience. Else you will keep a thorn in your hearts, which will smart and fester till it be out: and the ease of your consciences will bear the charge of your costliest restitution.
_Direct._ IV. If you be not able in your lifetime to make restitution, leave it in your wills as a debt upon your estates; but never take it for your own.
_Direct._ V. If you are otherwise unable to satisfy, offer your labour as a servant to him to whom you are indebted; if at least by your service you can make him a compensation.
_Direct._ VI. If you are that way unable also, beg of your friends to help you, that charity may enable you to pay the debt.
_Direct._ VII. But if you have no means at all of satisfying, confess the injury and crave forgiveness, and cast yourself on the mercy of him whom you have injured.
[174] Heb. v. 23; 1 Sam xii. 3; Neh. v. 11; Numb. v. 8; Luke xix. 8.