CHAPTER XX.

Of commutative Iustice.

1. IUstice which respects the outward benefit of our Neighbour by a certaine appropriation is called commutative Iustice, because it is chiefly used in changings.

2. This Iustice is a vertue whereby every mans own is given to him in externall commodities.

3. Now that is said to be every mans own, whereof he hath a lawfull dominion.

4. Dominion is a right to dispose perfectly of a matter so far as Lawes permit. Matth. 20. 15.

5. There be two parts of a perfect dominion, propriety and the use of it. Luc. 20. 9. & 10. 1. Cor. 9. 7.

6. Now these are sometimes separated, so as the propriety is in one, and the use for a time in the power of another.

7. This Iustice is exercised, in the getting and using.

8. The Iustice of getting depends upon 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 lawfull taking of things which were belonging to no body before, yet may become some bodies.

12 Those things are said to belong to no body which are not possessed, neither are in any ones dominion.

13. In this sence 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 peculiar dominion, and so were propounded in common to every one that did first take or occupie, whereunto also pertaines, that blessing of God upon man-kind. Gen. 1. 28. Fill the earth and subdue it, and beare rule over every beast, and over all foules of the Heaven, and over all the beasts that creepe upon the Earth, which is also repeated after the flood; Be fruitfull, increase and fill the Earth.

14. Of the same condition also are now those Islands of the Sea, and parts also of the continent which were never inhabited.

15. Of the same right also are all those things which did once belong to somebody, but afterward ceased to belong to any, which are wont to be called things vacant or forsaken.

16. But things that are lost are not to be accounted with these, unlesse there have been due diligence used to find out the true owner: for otherwise although they be not corporally detained from another, yet in right, with will and mind they are possessed.

17. Hence those wares that to lighten the Ship are cast into the Sea, or are by some Ship wrak brought to shore, are not to be accounted for things vacant or forsaken.

18. Unto this occupying is captivity referred, which is an occupying caused by right of war justly undertaken.

19. An inheritance is a succeeding into the goods of another, by vertue of his just will, Levit. 25. 45. 46. Num. 27. 8. 9. 10. & 11.

20. A gift is a free bestowing of a good thing. 1. King 10. 10. & 13.

21. A reward is the recompencing of a worke done.

22. A contract as it pertaines to this place, is a communicating

of a good thing upon an agreement binding to it: the forme of which is, I give, that thou mayest give, or I give that thou mayest doe, or I doe that thou mayest doe, or I doe that thou mayest give.

23. Unto possession by contract is to be referred. 1. Buying, when a thing is had upon a certaine price, 2. Letting, when the use of a thing is granted for a certaine reward. 3. Borrowing, when a thing is taken to be rendred freely againe, in the same, generalled mutuum: or to be restored in the same speciall, called commodatum, to which a pledge or depotum may be reckoned.

24. About these matters a lawfull occupation, or course of living, is conversant belonging to all men, except those who enjoy publike offices, of whom we have spoken before at the fift Commandement: for such occupations of life, although they doe from the nature of the thing pertaine to the common good, and ought to be thither directed by men; yet they doe with all belong to the private good of this life in getting, and keeping the goods of this life. Eph. 4. 28. 2. Thess. 3. 11. 12.

25. All are bound who are not exercised in greater, offices, and doe not prepare themselves to them, to exercise some such occupation. 1. Tim. 5. 13. Gen. 3. 10. According to that of the Apostle, if any will not labour, let him not eat. 2. Thess. 3. 10.

26. Neither is it enough that one labour, unlesse he labour that which is good. Eph. 4. 28. That is, doe follow that occupation of life, which agrees with the will of God and the profit of men: studying quietnesse and diligence. 1. Thess. 4. 11. 12. & 2. Thess. 3. 12 Unto which are opposed slothfulnesse, voluntary beggery, vaine, curious, unclean arts: and an unnecessary care of other mens matters, which is called Busibodines.

27. But to what singular kind, of occupation every

one ought to apply himselfe, that depends partly upon the inward endowments & inclinations which he hath. 1. Pet. 4. 10. And partly upon outward circumstances whereby he is caried more to one course of life then to another.

28. But because there is a singular providence of God exercised in directing such matters; therefore every one is rightly said to be assigned to this or that kind of life, as it were by Gods reckning.

29. But although in respect of this divine providence such a speciall occupation of life is wont to be by proportion called by Divines a vocation: yet this is not so to be taken, as if that vulgar men were as well separated by God to their occupations, as a believing man is to live well, or a Minister of the word to fulfill the worke of the Ministery: for neither is there any where in the Scriptures, either any such thing declared, or the title it selfe of vocation, simply and properly given to any vulgar occupation.

30. For the Apostle, 1. Corinth. 7. 20. When he makes mention of vocation, doth not set forth any certaine occupation of this life, (for circumcision, and uncircumcision, service and freedome, are not occupations of life or just callings) but he distributes, as it were, the calling of the faithfull, by the subjects, when he shewes that some are called being servants, and some being free, as appeares Verse 24. Where he unfolds the variety of calling by that divers state and condition, in which the called are found, neither doth he there command that every one abide in that state in which he was called: for he permits a servant to aspire to freedome, Verse 21. But he teacheth that there is no difference of a free man and a servant, in respect of Christ and christian calling, Verse 22.

31. In the defect of such possessions poverty consists, and riches in the abundance of them, 1. Iohn 3. 1.

32. Riches lawfully gotten, though in their own nature they be not morall good things, yet they are good gifts of God. Prov. 22. 4.

33. And poverty hath the respect of a punishment or affliction, Prov. 21. 17.

34. Therefore there is no perfection, in casting away or forsaking riches, unlesse the speciall will of God require it. Acts 20. 25.

35. But euangelicall poverty which is spirituall, may consist with great riches, as in Abraham, Iob, &c.

36. Also propriety and distinction of dominions is the ordinance of God and approved of him. Prov. 22. 2. 2. Thess. 3. 12.

37. In this right of dominion both in getting and using commutative Iustice is exercised, the summe whereof is that we possesse our own, not anothers, and that without the hurt of others.

38. But the foundation of this Iustice is placed in the lawfull keeping of those things we have.

39. Unto this keeping is required parsimony and frugality, Prov. 21. 15.

40. Parsimony is a vertue whereby we make only honest and necessary expences.

41. Frugality is a vertue whereby we order our matters, with profit and benefit.

42. The perfection of this Iustice properly flowing from Charity is in Liberality.

43. Liberality is a vertue whereby we are inclined to communicate our commodity freely to others, by the Will of God. 2. Cor. 8. 14. Rom. 12. 13. Levit. 25. 35. Ps. 37. 19.

44. Unto liberality pertaines not only a free giving, under which is comprehended the forgiving of a debt: but also free lending. Luc. 6. 34. And hospitality, Rom. 12. 12. 1. Pet. 4. 9.

45. Almes properly so called doth consist in this liberality,

when it is done upon taking pitty on the calamity of our Neighbour.

46. Theft in the larger signification is opposed to a just title of dominion.

47. Theft is an unjust taking away of that which is another mans against the will of the owner. Eph. 4. 28.

48. Taking away comprehends, taking, detaining, and damnifying.

49. A thing is said to be anothers, which is anothers, either in respect of propriety, power, or possession.

40. In divers causes the owner upon right of humanity is supposed to consent, to the bestowing of some part of his goods, although he hath not actually testified his consent, and then the respect of theft ceaseth. Deut. 23. 24. 25.

51. But seeing that which is another mans is taken away either secretly or by force: hence there are two kinds of this sin, namely theft specially so called, and Rapine or Robbery. Exod. 22. 1. Hos. 6. 8, 9. Luc. 8. 21. 1. Cor. 6. 8, 9.

52. Unto theft is referred all fraud which is used in buyings, or sellings, or in any other unlawfull getting.

53. Theft in the common wealth is Peculatus when things that belong to the community are taken away, and Annonae stagellatio, when the buying and selling of corne or other things is made deerer then is fit, by monopolies, or the like arts.

54. Unto rapine are referred oppression: Esay 3. 14. and extorsion. Luc. 3. 14. 1. Sam. 2. 12.

55. Unto parsimony and frugality is opposed profusion, which is an immoderate bestowing of those things which we have.

56. Unto liberality is opposed covetousnesse, which is an immoderate keeping of those things which we have, Prov. 11. 24. Or a greedy desire of those things wee have not, 1. Tim. 6. 9.