Justly Gotten: Of Restitution, the Second Sermon
I pip in my last Sermon, dearly beloved, declare unto you, by what means goods are rightly gotten, and how many kinds of theft there be, and sundry sorts of getting wealth unlawfully, There is yet behind another treatise for me to add, and therein to teach you what is the true use of goods rightly gotten, and how we may lawfully possess them, and justly spend and dispose them in this transitory life. [1 Imp. Constantinus A. ad Celerem vicarium Africee xvi. Pla-giarii, qui viventium filiorum miserandas infligunt parentibus orbitates, metalli pena cum ceteris ante cognitis suppliciis teneantur. Si quis tamen ejusmodi reus fuerit oblatus, posteaquam super crimine claruerit; servus quidem, vel libertate donatus, bestiis subjiciatur; ingenuus autem gladio consumatur. D. Kal. Augu. Constantino A. mir. et Licinio. Coss.—Codex Justin. Lugd. 1551, Tom. 11. p. 701, Lib. 1x, (2 ἀρ dicuntur, qui gregem ovium aut pecorum—yvel equum de tit. 20.
[grege, vel bovem de armento abducunt.—Jul. Pacii Isagog. in Instit.]
[Lib. xLviL tit. 14. p. 406, Traject. ad Rhen. 1680.]]
For justice doth not only not defraud any man, but doth, so much as it may, endeavour itself to do good to all men; neither is it enough for a godly man not to hurt any body, unless also he do good to all that he can. And in this point do many men sin, while they are persuaded that they have done all the duty that they owe, if they hurt no man, and if they possess that which they have without trouble to any man; although in the meanwhile they have no regard, whether they help or do good to any man, or no. And he sinneth as greatly in the sight of the Lord, which doth not use rightly goods justly gotten, as he that hath heaped up wealth in wickedness and naughty means. I will tell you therefore, so far as God shall give me grace, how, and in what sort, godly men may holily possess and dispose these earthly goods.
First of all, that the use of worldly wealth may be healthful to the owner, holy men have a diligent care, that nothing of another man’s remain in their possession: that is, they do carefully separate wealth rightly come by from unjust-gotten goods, and do faithfully restore whatsoever they find, in that which they have, to belong of right unto other men. For they are throughly persuaded, and do verily believe, that by this means the wealth that is left them, although by restitution it be somewhat diminished, will yet notwithstanding prosper the better, endure the longer, and be far more fruitful unto them.
Now this restitution is flatly commanded, and also very necessary to be put in practice: for the Lord in the law by sundry means, and that very carefully, give charge of it too, as is to be seen in the twenty-second of Exodus. Moreover, so often as the just and holy commandment of God was, through the covetousness and wickedness of mankind, cast off and neglected, the Lord raised up grievous and almost unspeakable evils against the contemners thereof, and abroad the unjust-gotten goods by wars, mishaps, and divers calamities, For the prophet Esay crieth, saying: Lord shall enter into judgment with the elders and of his people, and shall say unto them, It is ye that have burnt up my vineyard, the spoil of the poor is in your houses.” And Amos in the third chapter of his prophecy crieth: “They store up treasures in their palaces by violence [BULLINGER, IL] 3
and robbery, Therefore thus saith the Lord God: Miseries shall invade thee on every side of the land, and thy enemies shall bring down thy strength, or riches, from thee, and thy palaces shall be spoiled.” We read therefore in the gospel, that Zacheus, of his own accord, promised restitution four-fold double, that is, a full and absolute recompence of whatsoever he had taken wrongfully away; and it is assuredly certain, that he performed that promise: for he understood by the inspiration of the Holy Ghost, that a restitution of his ill-gotten goods was especially necessary, and that he should never be happy until he had made a full amends for all his wrongful dealings. Very rightly therefore said St Augustine in his fifty-fourth epistle to Macedonius, where he writeth: “If, when thou mayest, thou dost not restore that which thou hast of another man’s goods, then is not repentance truly performed, but falsely feigned: but if repentance be truly taken, then is not sin forgiven, unless restitution be made of that which was taken away; but, as I said, when it may be restored.”
But touching the time, when restitution ought to be made, the example of Zacheus teacheth us; who, so soon as he was received unto the favour of Christ, and did understand the works of truth and equity, did immediately promise restitution, and out of hand perform the same. Wherefore we must not foad off from day to day to make restitution. No man hath need to double his offence. For thou needest not by thy morrow and over-morrow delays to augment his discommodity and hinderance any longer, from whem thou hast, by thy subtil means and wicked violence, wrested the goods that he hath; considering, that he to his loss hath lacked them long enough, and been without them too long, God ποὺ, If thou demandest, to whom thou oughtest to make restitution? I answer, to him from whom thou tookest it, if thou knowest from whom thou hast had it, and who it is whom thou hast defrauded. But by that means, sayest thou, I shall bring myself into obloquy and infamy. 1 bid thee not
[[! Si enim res aliena, propter quam peccatum est, quum reddi]
[possit, non redditur, non agitur peenitentia, sed fingitur: si autem]
[veraciter agitur, non remittetur peccatum, nisi restituatur ablatum]
[sed, ut dixi, cum restitui potest.—Aug. Opp. Par. 1531, Tom. τι.]
[fol. 48, col. 4.] Ἀ [3 This expression is the translator’s.]]
do so: but, if thou didst invent a means to take it, then find out some handsome way to restore it again, whereby thou mayest escape and not incur the note of infamy. And pray to the Lord, that he will vouchsafe to shew thee a ready way and apt for to accomplish the thing that thou mindest. If thou meanest in good sadness to make true restitution, thou shalt undoubtedly find a way to do it without reproach and obloquy. But if thou dost but dally and jest with the Lord, thou wilt not be without a thousand excuses, the best and the soundest whereof will never set thy conscience at quiet liberty. Neither is God mocked. I cannot tell, sayest thou, from whom I have taken it, and therefore I know not to whom I should restore it. If in very deed thou knowest not from whom thou hast taken it; then hast thou the poor and needy, on whom to bestow it: to those thou oughtest to deal thy unjustgotten goods, and not to superstition, or the ministers thereof. Now, let every one make restitution of so much as he hath taken away; or at the least, of so much as he is able to restore. For many have spent, and so prodigally wasted other men’s goods, that they are not able to make restitution of any thing again. Let such fellows acknowledge their fault, and repent their folly, from the bottom of their hearts. And if it happen at any time afterward that they come by goods, then let them be so much more liberal of their own, as before they were prodigal in spending other men’s. But if all the riches which thou possessest be other men’s goods, and gotten of thee by theft and robbery, so that, if thou madest a full restitution, there should no penny be left for thee, but that thou must needs go beg; then art thou verily hard bestead, and in too woeful a taking; yea, thou art mad and far beside thyself, if thou wilt not stick, but still go on k to paint thy pride, and maintain a port with other men’s pence, and satisfy thy lust in the bowels, blood, and sweat of poor men’s brows. Why dost thou not rather abase thy self to poverty, and use thy unjust-gotten goods, as needy people use their alms? For thou livest of that that should be the poor’s. Therefore lay down thy pride, and forsake thy ruffling
[2 sadness: seriousness, earnestness.) [6 ruffling: to ruffle, to put out of form or discompose; but used]
[by old writers to signify the acting in a rough, turbulent, or disorderly]
[manner.—~Toone’s Glossary. ]]
riot. Consider with thyself, who thou art, and whereupon thou livest: and still do thy endeavour to make restitution, so far as thou canst; and let it grieve thee to see thyself not able to restore the whole again. If it be not a grief to thee for a time to suffer poverty, to labour and faithfully to exercise some honest occupation, and to train up thy children, leading them as it were by the hand, to work; then thou shalt not want whereon to live, although thou restorest all, whatsoever thou hast, of other men’s goods. But there is very small and almost no faith at all in many men; whereby it cometh to pass, that very few, or none, can be persuaded to make true restitution. To this I add (before I go any further) that they ought especially to think of a restitution, which have with evil words corrupted the minds of simple souls; with privy backbiting raised slanders on other men; or with perverse counsel stirred up the mightier men against the weaker sort: for these things do pass and