1. First Conclusion

79. On the first point [n.78] let this be the first conclusion, that by the law of nature or the divine law there are, for the state of innocence, no distinct ownerships of things; on the contrary, all things were then common.

80. The proof is from Gratian, Decretum p.1 d.8 ch.1, “By the law of nature are all things common to all men.” And for this is adduced Augustine On John’s Gospel ch.2 tr.6 n.25, who says “By what right do you defend the villas of the Church, by divine or human right? The first right we have in the divine Scriptures, the human right we have in the laws of kings. Whence does each possess what he does possess? Is it not by human right? For by divine right ‘The Lord’s is the earth and its fullness’ [Psalm 23.1]. Surely the one earth by human will bears both poor and rich? Therefore, also by human right is it said, ‘This house is mine’, ‘This villa is mine’, ‘This servant is mine’.” Again in the same place, “Take away the laws of the Emperor. Who will dare say, ‘This villa is mine’?” And later in the same place, “By the laws of kings are possessions possessed.” And Gratian, Decretum p.2 cause 12 q.1 ch.2, “Common to everyone should have been the use of all things that are in this world.”

81. The reason for this is double:

First, because the use of things according to right reason ought so to belong to men as befits peaceful conversation and necessary sustenance; but in the state of innocence common use without distinction of dominions was of more value to each of them than the distinction of dominions, because no one would then have seized what would have been necessary for another, nor should that need to be wrenched away from him by violence, but each would have taken for necessary use what first confronted him.

82. But also, there would have been there a greater sufficiency for sustenance than if the use of something were precluded from someone by an appropriation of it made to another.