-20 Chapter 20. Of Commutative Justice.

2-20 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.1194
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,1195 so far as Laws permit. Matthew 20:15.
5. There are two parts of complete dominion: property, and the use of it. Luke 20:9-10; 1 Corinthians 9:7.1196
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 Genesis 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.1197
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 1198 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, Leviticus 25:45-46; Numbers 27:8-11.1199
20. A GIFT is a free bestowing of a good thing. 1 Kings 10:10, 1 Kings 10:13.1200
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;1201 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. Ephesians 4:28; 2 Thessalonians 3:11-12.1202
25. All are bound to exercise some such occupation, who are not exercised in greater offices, and are not preparing themselves for them, 1 Timothy 5:13; Genesis 3:19.1203 According to that saying of the Apostle, if any will not labour, do not let him eat. 2 Thessalonians 3:10.
26. Nor is it enough that one labours, unless he labours for what is good, Ephesians 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, 1 Thessalonians 4:11-12; 2 Thessalonians 3:12.1204 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, 1 Peter 4:10;1205 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 men1206 were as separated by God to their occupations, as believing men are separated to live well,1207 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 1 Corinthians 7:20 1208 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 1 Corinthians 7:24. 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, 1 Corinthians 7:21. But he teaches that there is no difference between a free man and a servant in respect to Christ and Christian calling, 1 Corinthians 7:22.
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. Proverbs 22:4.1209
33. And poverty respects a punishment or affliction, Proverbs 21:17. 1210
34. Therefore there is no perfection in casting away or forsaking riches, unless the special will of God requires it, Acts 4:35.1211
35. But evangelical poverty, which is spiritual, is consistent with great riches, as in Abraham, Job, etc.1212
36. Also property and distinction of dominions is the ordinance of God, and approved by him, Proverbs 22:2; 2 Thessalonians 3:12.1213
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 parsimony1214 and frugality,1215 Proverbs 21:17.1216
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. 2 Corinthians 8:14; Romans 12:13; Leviticus 25:35; Psalms 37:21.1217
44. To liberality pertains not only freely giving — under which is comprehended the forgiving of a debt — but also freely lending, Luke 6:34;1218 and hospitality, Romans 12:13; 1 Peter 4:9.1219
45. Giving alms, properly so-called, consists in this liberality, when it is done in taking pity on the calamity of our Neighbour.1220
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. Ephesians 4:28.1221
48. Taking away comprehends taking, detaining, and damnifying.1222
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. Deuteronomy 23:24-25; Deuteronomy 24:1-22; Deuteronomy 25:1-19
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, Exodus 22:1; Hosea 6:8-9; Luke 10:30; 1 Corinthians 6:8-20; 1 Corinthians 7:1-40; 1 Corinthians 8:1-13; 1 Corinthians 9:1-27
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,1225 when things that belong to the community are taken away, and Annonae stagellatio,1226 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 1227 are referred oppression, Isaiah 3:14, and extortion. Luke 3:14; 1 Samuel 2:12.1228
55. To parsimony and frugality is opposed profusion, which is an immoderate bestowing of those things which we have.1229
56. To liberality is opposed covetousness, which is an immoderate keeping of those things which we have, Proverbs 11:24.1230 Or a greedy desire for those things we do not have, 1 Timothy 6:9.1231