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He proceed's, [Iustice of actions is by writers divided into Commutative and Distributive] This distinction he censure's; I shall censure him for it,* 1.1 but before I doe that, that my judgement may appeare more cleare, when it is applyed to the several particulars, I will per∣mit an explication of that division, how it is under∣stood by the consent of those he call's writers, which are Schoolemen, Casuists and Morall Philosophers.
* 1.2Thus they discourse of Iustice: Iustice of actions is either in the act••ons of a particular, relating to the whole body of the Common-wealth; or of the body or whole to par••iculars; or of particulars one to ano••her, The first ••hey call Communis Iusti••ia▪ or legalis, common or legall Justice; Common, because it concerne's the community, and legall, because it hath the same in∣tent with all Lawes, which is the publike benefit: or else because it is required by the law of that nation, or some Aphorisme of the law of nature, which dict••te's that the whole should be preserved rather then any particular; of this sort are the performance of those duties and services which are required by ••he lawes of the Land, as the repaires of High-wayes, paying publick Taxes in to the Exchequer; yea, to expose a man's life to danger for the publick good, and preservation of either Church, or State. The second sort, of the whole to particulars, is that they call Distributive ju∣stice, which is apparent in the rewarding and punishing of men; and in this is required a Geometrical propor∣tion, which require's four tearms, as thus; such a propor∣tion as two hath to four, hath three to six, it is just half; or such as six hath to eight, fifteen hath to twenty, it is three parts of four; thus when a Parish relieve's the poor w••th the publick Stock, such a family as hath three bed-rid people in it must have treble the relief of that which hath but one, out of the publick Stock: So in disposing Offices, it is justice that he who merit's accordingly, should be exalted to dignity, and rewards proportionable; he, who h••th merit for a Captain, a Captain's place; a Colonel, a Colonel's; and so in all professions; and it is not justly done in him who hath the dispensation of these Dignities, to give the lesse
worthy the place of more worth, and the more worthy the place of less worth.
The third kind is of particular men one with another, and this they tearm Commutative Justice, which con∣sist's in exchanges and the trade and negotiation one man hath with another; to this they assign the mea∣sure Arithmetical, which is so much as the other, five for five: he, who hath right to five shillings, must have five shillings, and no more; he, who hath so much dam¦mage, must▪ in justice, have so much satisfaction, and no more, without any consideration of merit or deme∣rit; vertue or vice; a shilling's worth of work must be payd with a shilling: this is the generall Doctrine which is delivered by Writers concerning Justice. Let us see what he except's. What he writ is not true; Justice of Actions is not by Writers divided into Com∣mutative and Distributive; when he saith, Justice of Actions, he must understand Justice in its generall no∣tion, which, by the consent of all Writers, is first divi∣ded into legall or common Justice, and particular;* 1.3 there are many acts of Justice which are not compr••hended under these two; I mean not onely the acts of those that are called Theological Virtues, Faith, Hope, and Charity, which are just acts, but are not contained in this Division; but there are many acts of Moral Ju∣stice which are none of these; as thus, It is a gallant and heroick act of justice, for a man to adventure his life for the Safety of his Countrey; justice it is, because due to his Countrey, that any one part should perish rather than the whole; but neither Commutative, nor Distributive Justice, as may appear. It is a just action, in the danger of the Common-wealth running to ha∣zard, for a wise man to interpose his advise, to rescue
it from that menacing ruine; yet it is neither of these two; it is a just act (I think) for me to write these notes upon his Book; to admonish men to avoid the danger it threaten's, if not prevented; but not di∣stributive or Commutative Justice, but that which is called Common or legal justice, which looke's to the publick good; so that you see, there are many acts of justice legall not comprehended under these heads, and this commonly delivered by Writers; but his excep∣tions are against the other two. His first quarrell is against the doctrine of Commutative; and it is thus;
The explicati∣on of Commu∣tative and Di∣st••ibutive ju∣stice.
To which is premised that of common or legal ju∣stice▪
Many acts of Justice being not compre∣hended under the other two.