Again, the Injustice of Manners, is the disposition, or aptitude to
do Injurie; and is Injustice before it proceed to Act; and without
supposing any individuall person injured. But the Injustice of an
Action, (that is to say Injury,) supposeth an individuall person
Injured; namely him, to whom the Covenant was made: And therefore many
times the injury is received by one man, when the dammage redoundeth
to another. As when The Master commandeth his servant to give mony to a
stranger; if it be not done, the Injury is done to the Master, whom
he had before Covenanted to obey; but the dammage redoundeth to the
stranger, to whom he had no Obligation; and therefore could not Injure
him. And so also in Common-wealths, private men may remit to one another
their debts; but not robberies or other violences, whereby they are
endammaged; because the detaining of Debt, is an Injury to themselves;
but Robbery and Violence, are Injuries to the Person of the
Common-wealth.
Nothing Done To A Man, By His Own Consent Can Be Injury
Whatsoever is done to a man, conformable to his own Will signified to
the doer, is no Injury to him. For if he that doeth it, hath not passed
away his originall right to do what he please, by some Antecedent
Covenant, there is no breach of Covenant; and therefore no Injury done
him. And if he have; then his Will to have it done being signified, is a
release of that Covenant; and so again there is no Injury done him.
Justice Commutative, And Distributive
Justice of Actions, is by Writers divided into Commutative, and
Distributive; and the former they say consisteth in proportion
Arithmeticall; the later in proportion Geometricall. Commutative
therefore, they place in the equality of value of the things contracted
for; And Distributive, in the distribution of equall benefit, to men of
equall merit. As if it were Injustice to sell dearer than we buy; or to
give more to a man than he merits. The value of all things contracted
for, is measured by the Appetite of the Contractors: and therefore the
just value, is that which they be contented to give. And Merit (besides
that which is by Covenant, where the performance on one part, meriteth
the performance of the other part, and falls under Justice Commutative,
not Distributive,) is not due by Justice; but is rewarded of Grace
onely. And therefore this distinction, in the sense wherein it useth to
be expounded, is not right. To speak properly, Commutative Justice,
is the Justice of a Contractor; that is, a Performance of Covenant,
in Buying, and Selling; Hiring, and Letting to Hire; Lending, and
Borrowing; Exchanging, Bartering, and other acts of Contract.