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The Sum of Christian Religion 2 · Zacharias Ursinus

The Sum of Christian Religion 2, Part 3 · Commandmenet 8

THE EIGHT COMMAVNDEMENT.

THOV ſhalt not ſteale.

By this commaundement is enacted and decreed a diſtinction of poſſeſſions. For the end of this commandement is, The preſeruation of goods, or poſſeſſions, which God giueth to eueryevery one for the maintenance of their life. Thou ſhalt not ſteale, that is, Thou ſhalt not couer, or attempt by guile to conueigh thy neighbours goods vntounto thee. Therefore defend, preſerue, encreaſe them, and giuegive thy neighbour his owne. Nowe theft is onelyonly named, as being the groſſeſt kinde of defrauding, that by it the reſt of the like qualitie might be vnderſtood, and that for the ſame, as the ſcope or end, other vices or ſinnes of like nature, and their antecedents and conſequentes might bee prohibited and forbidden.

The vertues of this eight commaundement, together with their extremes or contrarie vices.

1 COmmutatiue Juſtice, which is a vertue in purchaſing of goods, not coueting after an other mans goods, and keeping an equalitie by number in bargaines, and in the common trade of life, in the purchaſing and exchaunging of thinges, according to iuſt lawes between the ware and the price, the deſert and the reward, whether it bee in purchaſe and buying, or in exchaunge of thinges. All thinges either are no mans, or ſome mans. Therefore thoſe things are tranſlated to another Owner, which are either no mans, or are belonging to other men: Thoſe thinges that are no mans, become theirs who get them: And if thou ſeaſe vponupon that which is no mans, thou ſhalt iniurie no man. Thoſe thinges that belong to another man, are paſſed from him, either by violence, the Owner beeing vnwilling thereto; or by grant, according to the Owners wil & liking. Thoſe things are paſſed from the Owner againſt his wil, which are either by right of warre, or by captiuity taken away from an enimie. Thoſe thinges are paſſed awaie with the owners liking, which are paſſed vntounto another either by enheritance, or by contract & bargain. By inheritance things are paſſed ouer to another, either by Teſtament, or without any Teſtamēt. A contract or bargaine is a conſent and agreement betweene any of paſſing ouer any things, or of the communicating or exchanging of them, according to iuſt & honeſt Lawes. Al contractes are comprehended vnderunder commutatiue iuſtice.

Now there are tenne ſortes of contractes. 1. Bying and ſelling; when a thing is paſſed from the buier vntounto the ſeller, ſo that the buier pay the ſeller a iuſt equiualent price for it. This is ſometimes either with a condition of ſelling it againe, or with a condition of not ſelling it againe, ſo that the buier cannot ſell that, which hee bought, vntounto others. VntoUnto buying belongeth the buying of reuennues; for that is no vſury; as neither is the ſetting out of ground to farme at a certainey rate yearelie to bee paed. 2. Loane, which is a contract, wherin the vſe of a thing is paſſed to another, ſo that there bee repaired as much againe. In loane a thing is giuen, not that the ſame thing ſhoulde bee reſtored, but the like, or that which is of the ſame value. 3. There is another loane, which is called Commodation, when the vſe of a thing is graunted a man for a certaine time, ſo that without anie price or valuation the ſelfe ſame thing be preciſelie reſtored whole and ſound. 4. Donation, or by deed of gift, when a thing is paſſed from the right owner, who hath the right of giuing it, by free grant and wil vntounto another, without anie recompence conditioned. Obiection. Juſtice requireth that wee giuegive like for like: but this is not doone in donation: Therefore this is repugnaunt vntounto iuſtice. Aunſwere. Iuſtice requireth it, if they be giuen with that mind and purpoſe, as to hauehave recompence. 5. Exchange, when a thing is exchaunged by the lawefull owners conſent, or when one thing of like value is giuen for another. 6. A letting to hire, which is a contract, whereby the vſe, not the right or poſſeſſion, of a thing, is paſſed by the right owners to another vponupon a certaine price, and for a certaine time, ſo that the ſame thing be reſtored ſafe & ſound. 7. Pledging or gaging, when a thing paſſed to another, as being bound to be his for vſe, till ſuch time as other thinges which are owed him, are repaied vntounto him: or when a thing is deliuered a man for a certaine time, that if in the meane ſeaſon it be not redeemed, the other maie hauehave the right of vſing it at his pleaſure. 8. Committing on truſt, when a thing is deliuered to another to keepe, ſo that neither the vſe, nor the poſſeſſion, but only the keeping & cuſtodie of the thing is committed vntounto him. 9. Partnerſhip, which is a certaine contract vſed by them who trafique together, wherein one emploieth his mony, the other his woorke, or labour with this condition, that part of the gain may come to each of them. 10. A certaine contract, wherein the vſe of a ground, or the poſſeſſion of a ground to vſe is paſſed by the owner vntounto an husbandman, with a certaine condition, as namely, that hee til and labour the ground deliuered vntounto him, and be bound vntounto the Maſter to performe certaine dutie, or ſome certaine ſeruice. Theſe diuerſe kinds of contracts are to bee obſerued, for the better vnderſtanding of commutatiue iuſtice.

The extremes or vices contrarie to commutatiue iuſtice are theſe, 1. VntoUnto commutatiue iuſtice are repugnaunt all vnlawfull conueiaunces of things, which are done either by violence, as robberies; or by guile and deceite, as thefts. Theft is the taking away of that which belongeth vntounto another beſides the owners knowledge, and wil, with mind and purpoſe to depriue him thereof. The ſpecial ſorts of theft are, Robbery of a common treaſurie: Counterfeiting of merchandize, when one vſeth ſleights and guiles in contractes: Sacrilege, couſinages, and al corruptions of contractes, among which vſury hath not the loweſt place. Vſurie is that which is taken aboue the principall in regarde of the loane onelyonly. From vſurie are exempted iuſt contracts, Partnerſhip, Buying, contractes of paying rents, iuſt recompence of any dammage or loſſe. There are many Queſtions of vſury concerning which wee maie iudge according to that ſaying; Doe as thou wilt be done vntounto, and what thou wilt not hauehave done vntounto thee, that doe not thou vntounto another.

2 Autarchie, or Contentedneſſe, which is a vertue whereby we are contented with thoſe things which we preſentlie enioy, and hauehave iuſtlie gotten, and meeklie ſuffer pouertie and other diſcommodities, neither are broken through want and penury, nor gape after other mens goods or ſubſtance, nor couet things needleſſe and vnneceſſary. The extremes of this vertue, In the defect, are Theft and Couetouſnes; In the Exceſſe, a faigned refuſall, when one maketh wiſe as if he were vnwilling to receiue ſuch things, which yet he could and greatlie would receiue. Likewiſe, Inhumanitie, which is, to refuſe all things.

3 Fidelitie or faithfulnes, which is a vertue that heedeth anothers harmes, and endeuoureth to auert them, & gladlie and diligentlie perfourmeth all the partes of his calling in doing his duty, to this end, that God may be honoured, and we ſuſteine our life, and that there may bee ſufficient of things neceſſarie for vsus, and ours, and alſo that we may yeeld ſuccor and make ſupplie of neceſſaries vntounto others. He that vndergoeth not thoſe labours, which he is able & ought to vndergoe, committeth theft. Obiection. There is mention made of fidelitie in the fift commaundement; Therefore it hath no place here. Anſwere. It is no abſurd thing, that one and the ſame vertue ſhould be placed in diuerſe commandements for diuerſe ends & reſpectes. For the ends of actions make the actions differ. Fidelitie is placed in this commandement, as it is a diligence and endeuour employed in the with-ſtanding of others diſcommodities, and in doing ſuch works and labousr, whereby we may get vsus food, raiment, and things neceſſarie. Fidelitie is placed in the fift commaundement, as it is an obedience ſhewed in doing our dutie. The extremes hereof are, Vnfaithfulnes, not reſpecting or heeding any harmes and dammages, neither diligently performing the dueties of his calling and vocation, Likewiſe, Rechleſnes and Slothfulnes, which onelyonly taketh part and fruition of publique commodities, but it ſelfe conferreth nothing to the common ſocietie of men.

4 Liberalitie, which is a vertue giuing to them that want, according to the rule of vpright reaſon: that is, which imparteth vntounto others his owne goods, not by any due bond or obligation, but according to the lawe of God and nature, or for godlineſſe & charitie ſake, with a liberal hart, according to his owne ability, & the neceſſity of others; as well knowing where, when, to whom, & howe much hee may giuegive, & obſeruing a mediocritie & meane betweene baſe niggardlineſſe and riotous prodigality. The Extremes hereof in the defect are, Illiberalitie, Couetouſneſse, Baſeneſſe. Couetouſneſſe is a deſire of encreaſing our ſubſtance by right & wrong, & a reſtraint of iuſt & lawfull giuing. In the Exceſſe, Ouerlaſhing, Prodigalitie, which giueth beyond reaſon, and without need, with a reioycing in ſuch exceſſiue largis. Of this vice it is ſaid, Sicke art thou who takeſt delight in lauiſhing.

5 Hoſpitalitie, which is one kind of liberalitie, namelie liberalitie and bountfulneſſe towardes trauailers and ſtrangers, eſpecially towardes thoſe that are exiles for the profeſſion of the goſpell, entertaining them with all duties of hoſpitalitie, and Chriſtian charitie. The Extremes are, Inhoſpitalitie, and prodigality towardes ſtrangers.

6 Parſimonie, which is a vertue eſchewing & ſhunning riot, & all vnneceſſary expences or giftes, keeping thoſe things which are his owne & well gotten, & profitably employing them to his owne vſe and theirs, that belong vntounto him, neither ſpending more, than he ſeeth to be needefull. This vertue is referred to this commandment; becauſe, if in this commandment Liberalitie be commanded, the contrarie thereof then is alſo here forbidden, namely Ouerlaſhing, whereunto is oppoſed Sparingneſſe & Parſimonie. Liberalitie hath Parſimonie accompanying it; & they both are two meanes betweene the ſame extremes; that is between Couetouſnes & Prodigality; becauſe Liberality without Parſimonie degenerateth into Prodigalitie; & Parſimonie without Liberalitie degenerateth into Couetouſneſſe & Baſeneſſe. And therefore hee is not liberall, who is not ſparing; neither is he ſparing, who is not liberall; Liberalitie enlargeth our giuing according to ruled reaſon. Parſimonie reſtraineth the ſame according to ruled reaſon, & ſpareth ſo much, as is requiſite for neceſſary vſes. So then theſe two vertues are exerciſed in the ſame matter, & betweene the ſame extremes, & therefore the ſame vices which are contrary to Liberality, are repugnaunt alſo to Parſimony.

7 Frugality, which is an oecumenicall, or houſehold vertue, diſpoſing of things wel gotten, honeſtly, wiſely, & profitably, for matters profitable and neceſſary, or defraying charges vponupon ſuch things euer as are neceſſary, & fruitfull. This vertue is of neere affinity with parſimony. Frugalitie or thriftineſſe conſiſteth and dependeth on ruled reaſon. The extremes are the ſame both of frugality, & of parſimony, to wit, Prodigality and couetouſnes, or niggardlineſſe.

Certaine obiections againſt the former diſtinction of Rightes and Poſſeſſions.

1 IN the Apoſtles time all things were common. Therefore now alſo al goods ought to be common. Anſwere. There is a diſſimilitude and a far different reaſon in theſe examples. For they were induced vponupon good cauſes, why they ſhould thē bring in communitie of goods. 2. It was then to be feared, leaſt if they did not ſel their poſſeſſions, they ſhould be violently depriued of them. 3. They did it not being enforced thereto by anie Law, but freelie. For their parting with their goods in common was voluntary; none was compelled vntounto it. And therefore Peter ſaith to Ananias, whiles it remained, appertained it not vntounto thee? And after it was ſold, was it not in thine owne power? 4. This cuſtome was of force onelyonly at that time. 5. This community of goods was not in all churches; becauſe in Macedony collection was made of almes, which were ſent to Ieruſalem.

2 Natural thinges are vnchaungeable. Community of goods is natural. Therefore community of goods is vnchaungeable, and therefore is now alſo to be obſerued. Anſwer. Natural things are vnchāgeable, in reſpect of the Moral law, but not in reſpect of natural profit and vtility.

3 Chriſt ſaith vntounto the young man, Jf thou wilt bee perfect, ſel al, and giuegive it to the power. Anſwere. The examples hauehave a diuerſe reaſon: becauſe this was a ſpeciall calling of a Diſciple, belonging to an Apoſtle-ſhip. Againe, Chriſt would thereby ſignifie, how far off hee was from the perfection of the Law, whereof he gloried.

4 All thinges are Chriſtes, therefore all thinges are Christians. Aunſwere. Al things are Chriſtians, or ours, as concerning the right to the thing, but not as cōcerning the right in the thing. All things are due vntounto vsus, but we may not lay hands of any thing before the time.

5 Al things betweene frindes are common. Aunſwere. All thinges betweene frinds are common, as touching the vſe of them, and as touching the duties and parts of honeſty and commoditie, or as touching neceſſarie vſe being leuiled by the rule of reaſon. For wee are to aske thinges of our frindes, which wee would hauehave them aske of vsus. But al thinges among frindes are not common as concerning the poſſeſſion and right: becauſe vntounto eueryevery one belongeth a diſtinct poſſeſſion and right of his own goods. This poſſeſſiō of goods, or diſtinction of rights is enacted (as we hauehave ſaid) by this commandmēt: becauſe if we may not ſteale, wee muſt then poſſeſſe our owne: and that for theſe cauſes. 1. To maintaine our ſelues. 2. To yeelde ſomething for the mainteinance of the miniſterie. 3. For the mainteinaunce of the common wealth. 4. For the mainteinaunce of our frindes.