Chapter 20. Of Commutative Justice.
Chapter 20.
Of Commutative Justice.
Eighth Commandment: You shall not Steal 1. Justice which respects the outward benefit of our Neighbour by a certain appropriation, is called commutative Justice, because it is chiefly used in exchanges.1193
2. This Justice is a virtue, whereby every man's own is given to him in external commodities.
3. Now what is said to be every man's own, is that for which he has a lawful dominion.
4. Dominion is a right to completely dispose of matter,1194 so far as Laws permit. Mat 20.15.
5. There are two parts of complete dominion: property, and the use of it. Luk 20.9-10; 1Cor 9.7.1195
6. Now these are sometimes separated, so that the property is in the dominion of one, and the use for a time is in the power of another.
7. This Justice is exercised in getting and using the property.
8. The Justice of Getting depends on the cause of the dominion.
9. The cause and reason of a dominion is called a title.
10. A just title is a just occupying, an inheritance, a gift, a reward, or a contract.
11. A just occupation is a lawful taking of things which belonged to nobody before, yet may become somebody's.
12. Those things which are not possessed nor in anyone's dominion are said to belong to nobody.
13. In this sense, all things are said to have been common in the beginning of the world, and also after the flood, because they belonged to no man by possession or particular dominion. And so they were propounded in common to everyone who first took or occupied the world. To this also pertains that blessing of God upon mankind in Gen 1.28, Fill the earth and subdue it, and bear rule
over every beast, and over all fowls of the Heavens, and over all the beasts that creep upon the Earth; this was also repeated after the flood: Be fruitful, increase and fill the Earth.1196
14. The same condition also now applies to those Islands of the Sea, and parts of the continent, which were never inhabited.
15. Of the same right also, are all those things which once belonged to somebody, but afterward ceased to belong to anyone; these are usually called vacant or forsaken things.
16. But things that are lost are not to be considered vacant or forsaken, unless due diligence has been used to find out the true owner. For even though they are not physically kept by another, yet by right, they are possessed by another with will and mind.
17. Hence those wares that are thrown into the Sea to lighten a Ship, or are brought to shore by some Shipwreck, are not to be considered vacant or forsaken things.
18. This occupying 1197 refers to captivity, which is an occupying caused by right of war, justly undertaken.
19. An inheritance is succeeding to the goods of another, by virtue of his just will, Lev 25.45-46; Num 27.8-11.1198
20. A gift is a free bestowing of a good thing. 1Kng 10.10, 13.1199
21. A reward is the recompencing of a work done.
22. A contract, as it pertains to this place, is the communicating of a good thing upon an agreement binding to it: the form of this contract is this: I give, that you may give; or I give that you may do; or I do that you may do; or I do that you may give.
23. Possession by contract refers to: 1. Buying, when a thing is had at a certain price, 2. Letting, when the use of a thing is granted for a certain reward. 3. Borrowing, when a thing is taken to be freely returned again in the same kind, it is generally called mutuum;1200 or if the same specifically is to be restored, it is called commodatum, to which a pledge or depositum may be reckoned.
24. These matters concern a lawful occupation, or a course of living, that is common to all men except those in public offices (of whom we spoke before, at the Fifth Commandment). For such occupations of
life — even though from the nature of the thing, they pertain to the common good, and ought to be directed to the common good by men
— yet they all belong to the private good of this life, in getting and keeping the goods of this life. Eph 4.28; 2Thes 3.11-12.1201
25. All are bound to exercise some such occupation, who are not exercised in greater offices, and are not preparing themselves for them, 1Tim 5.13; Gen 3.19.1202 According to that saying of the Apostle, if any will not labour, do not let him eat. 2Thes 3.10.
26. Nor is it enough that one labours, unless he labours for what is good, Eph 4.28. That is, he follows that occupation of life which agrees with the will of God, and with the profit of men: studying quietness and diligence, 1Thes 4.11-12; 2Thes 3.12.1203 To these are opposed slothfulness; voluntary beggary; vain, curious, and unclean arts; and an unnecessary concern about other men's business, which is called Busybodiness.
27. But what singular kind of occupation everyone ought to apply himself to, depends partly on the inward endowments and inclinations which he has, 1Pet 4.10;1204 and partly on the outward circumstances by which he is carried more to one course of life than to another.
28. But because there is a singular providence of God exercised in directing such matters, everyone is rightly said to be assigned to this or that kind of life, as it were by God's reckoning.
29. But although in respect to this divine providence, such a special occupation of life is usually called a vocation by Divines, this is not to be understood as though vulgar men1205 were as separated by God to their occupations, as believing men are separated to live well,1206 or a Minister of the word is separated to fulfill the work of the Ministry.
For nowhere in the Scriptures is any such thing declared, nor is the title vocation simply and properly given to any vulgar occupation.
30. For when the Apostle in 1Cor 7.20 1207 mentions vocation, he does not set forth any particular occupation of this life (for circumcision and uncircumcision, service and freedom, are not occupations of life, or just callings). But he distributes, as it were, the calling of the faithful by subjects, when he shows that some who are
called are servants, and some are free, as appears in Verse 24. There he unfolds the variety of calling by that diverse state and condition in which the called are found. Nor does he command there that everyone abide in that state in which he was called; for he permits a servant to aspire to freedom, Verse 21. But he teaches that there is no difference between a free man and a servant in respect to Christ and Christian calling, Verse 22.
31. Poverty consists in the lack of such possessions, and riches in their abundance.
32. Riches lawfully gotten, though in their own nature they are not moral good things, yet they are good gifts of God. Pro 22.4.1208
33. And poverty respects a punishment or affliction, Pro 21.17. 1209
34. Therefore there is no perfection in casting away or forsaking riches, unless the special will of God requires it, Act 4.35.1210
35. But evangelical poverty, which is spiritual, is consistent with great riches, as in Abraham, Job, etc.1211
36. Also property and distinction of dominions is the ordinance of God, and approved by him, Pro 22.2; 2Thes 3.12.1212
37. Exercising this right of dominion, both in getting and using commutative Justice, in sum, is that we possess our own, not another's, and we do that without the hurt of others.
38. But the foundation of this Justice is placed in the lawful keeping of those things we have.
39. Keeping requires parsimony1213 and frugality,1214 Pro 21.17.1215
40. Parsimony is a virtue, whereby we make only honest and necessary expenses.
41. Frugality is a virtue, whereby we order our matters, with profit and benefit.
42. The perfection of this Justice, properly flowing from Charity, is in Liberality.
43. Liberality is a virtue, whereby we are inclined to communicate our goods freely to others, by the Will of God. 2Cor 8.14; Rom 12.13;
Lev 25.35; Psa 37.21.1216
44. To liberality pertains not only freely giving — under which is comprehended the forgiving of a debt — but also freely lending, Luk
6.34;1217 and hospitality, Rom 12.13; 1Pet 4.9.1218
45. Giving alms, properly so-called, consists in this liberality, when it is done in taking pity on the calamity of our Neighbour.1219
46. Theft in the larger sense is opposed to a just title of dominion.
47. Theft is an unjust taking away of that which is another man's, against the will of the owner. Eph 4.28.1220
48. Taking away comprehends taking, detaining, and damnifying.1221
49. A thing is said to be another's, which is another's either in respect to ownership, power, or possession.
50. In various cases, the owner, by right of humanity, is supposed to consent to bestowing some part of his goods on another, although he has not actually evidenced his consent; and then whatever respect it has to theft ceases. Deu 23.24-25.1222
51. But seeing that what is another man's is taken away either secretly or by force, there are thus two kinds of this sin: namely, theft specifically named, and Rapine or Robbery, Exo 22.1; Hos 6.8-9;
Luk 10.30; 1Cor 6.8-9.1223
52. Theft refers to all fraud which is used in buying, selling, or in any other unlawful getting.
53. Theft in the commonwealth is Peculatus,1224 when things that belong to the community are taken away, and Annonae stagellatio,1225 when the buying and selling of corn or other things is made more costly than is fit, by monopolies or similar craftiness.
54. To Rapine 1226 are referred oppression, Isa 3.14, and extortion.
Luk 3.14; 1Sam 2.12.1227
55. To parsimony and frugality is opposed profusion, which is an immoderate bestowing of those things which we have.1228
56. To liberality is opposed covetousness, which is an immoderate keeping of those things which we have, Pro 11.24.1229 Or a greedy desire for those things we do not have, 1Tim 6.9.1230