5. His recommendation regarding the appointment of those who are of least consideration in the Church to decide their disputes, was intended to cause them shame and confusion, as implying that they had no person of prudence amongst them, no persons sufficiently versed in the business of common life to decide between one brother and another. “Between his brethren,” in the Greek, ἀνὰμέσον τοὑ αδελφοῦ αὐτοῦ, between his brother, i.e., between brother and brother.
6. He repeats in this verse what he mentioned with indignant surprise (verse 1). It is clear that both here, and in verse 1, reference is made to the prosecutor or plaintiff, because the defendant was not free to refuse, if cited before a Pagan tribunal. In this verse lawsuits are condemned on account of the persons engaged in them; in the preceding, they are condemned on account of the tribunals before which they were brought; and in the following, on account of the evils intrinsic to them, or, at least, in almost all cases, attendant on, and resulting from them.
7. “Already indeed there is plainly a fault,” &c. The Greek word for “fault,” ηττημα, means, an inferiority, a failing or defect. Hence, some Commentators interpret this verse to mean, that it is an imperfection in them, or a departure from a counsel of perfection, to have suits of law at all among them. The word, however, more probably means, “a fault,” inasmuch as suits at law are always attended with an almost infinite number of evils, with sins against charity and justice: Lest, however, it might be alleged, that lawsuits are necessary to obtain an indemnity for personal outrage and losses, both of character and property, the Apostle says, they should bear with losses of one kind and the other sooner than engage in litigation: “Why do you not rather take wrong?” &c. From this passage, we are by no means to infer, that it is in all cases wrong to have recourse to the legally constituted tribunnals, with a view of seeking reparation for losses either of character or property. We are allowed to recur to them whenever justice or charity does not prevent it; or, whenever the good, resulting from the assertion of our just rights would outweigh the evils resulting from litigation. The precept here given by the Apostle is similar to those laid down in the gospel: “If a man will contend with thee, and take away thy coat, let go thy cloak also unto him.”—(Matt. 5:40). “And of him that taketh away thy goods, ask them not again.”—(Luke 6:30). These precepts of our divine Redeemer according to St. Thomas, are not always to be observed in point of fact, but they are to be always kept in the preparation of mind. Non semper observanda sunt hæc præcepta Domini in executione operæ, sed semper habenda in præparatione animi, viz., as he himself explains it, we should be always prepared to sustain the loss or perform the work here enjoined sooner than offend against fraternal charity. But since suits at law, although not intrinsically bad in themselves, rarely take place without, at least, a violation of charity, and in many instances, of justice also; hence, they are rarely without fault, even in the case of the injured party—for, it is of him the Apostle speaks in this verse.
8. The Apostle, in this verse, addresses the offending party—so far you are from patiently submitting to losses in property, or to personal outrage, that you even offer personal outrage to your neighbour, not excepting your Christian brother, and inflict on him losses of property—the circuмstance of inflicting injury on a Christian brother aggravates the offence. “Do wrong,” αδικεῖτε.
9. “Know you not,” as if he said, I need not tell you, what you must already know, “that the unjust.” The Greek for “unjust,” αδικοι, has the same signification as “do wrong” of the preceding verse. The Apostle points out the punishment that awaits such sinners, “shall not possess,” in Greek, οὐ κληρονομησουσιν, shall not inherit. “The kingdom of God” is called an inheritance, because destined for the children of the promise. The Apostle does not say of those who institute suits at law before Pagan tribunals, that they should be excluded from God’s kingdom; although such a proceeding is “a fault” in them, it is only of those who commit injustice he says so. Hence, he insinuates the difference between mortal and venial sins. “Do not err.” The Apostle employs these words to arrest attention, whenever he is about treating of any important point either of doctrine or morality. From them is clearly seen how old the error of justification through faith without good works has been.
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