466 Chap.4. Vnju(i getting by Rapine or Violence: Com.3, Prov.6.3c necefïìty,as the Wife man faith, Men do not de}Mile a thiefif hefled tofatisfie hisfoul; when be is hungry : and the law faith, When thoucornett into thineneighbours vineyard, Deut.23.24 thou mail}eat grapes thy fill,at thine awnpleafure, but thou (halt not put any into thy vefel. In extream nece(lity, a man might make hold with his Neighbourscorn-field or vineyard for his prefent neceffity,'fo he carried none away. And we fee frill that in all politive Laws, whereby propriety is diffinguifhed,there is none of them that hold in cafe ofextream necellity. And there is a right whichevery man bath in things which remain common to this day; as in feria Naturae, wild beaffs,appropriate to no rnan;fowl and fifh,and in fuch things which are found on thelea fhore,as Pearls,Gems, &c. concerning which the rule isjue occupanti, the propriety is invefted in them that find them'; becaufe'part of the poffefiion of every country is alloted to remain to the benefit of thepoor.-. Afterwards,for the proprieties whicharife by publick right , we laid down four, viz. r. Seizing on a Country uninhabited ; a. on thòfc things which were left and forfaken by the owners, which areresdereliel.e, things givenover ; 3.Prefcription ; 4. the right got by the bow and fword, or the right of war. And for private right, there are liberal and free, and illiberal alienations,of which we have fpoken ; and in all thefe there is *fa acquifitio, a juft way of getting. Contrary towhich are the unjult waies of getting , whereby theft is Committed, which. may be reduced to three heads. Lrv¡t.19.13 a. The firft two We may find inI.eviticus, Nan exterquebis,nequefraudabis proxi- mum tuum, Thou 'halt not rob thy Neighbour, neither defraud bim. Thefill is rapina, robbery, which is extorgnere pervim, domino invito, to extort any thing by force , the owner beingunwilling. The other isfurtum, theft, which isfraudare, infcio domino, to deceive any manwithout his knowledg ; both are let down alfo in one verfe by HöG7: 1 the Prophet. And a third is Parfimonia or pareitas ; Parfmony or Niggardlinefl, of which afterwards. Abac.z.6 TheGenus to thefe is briefly fet down by the Prophet s Congregare nonfua , to gatheror cncreaf that which is not his. And our Saviour mentioning this Command - Mark 10.19 ment, M ct é ns, Do,notJ1eal,prefently adds, Mñ äuusveñrgt, Defraudnot 5 for (leaf- ing and defrauding are very near of kin. And it is certain, that they which defire r Tim,6.9, riches,fäll into many temptations : and as the Heathenman faith, gui volt dives fieri, volt citofieri,he that hatha delire to be rich, hath a delire alto to be quickly rich; and Prov.28.zo this impetuous defìre,of being fuddenly rich, makes him that, he cannot be innocent, but muff beentangled, with (owe of thefe three, eitherwith Rapine, Fraud, or Nig- gardlinefs. Now that:which is gotten by any of thefe waies, is not without a curf : as 1.Of Prov 25.7 that which is got by Rapine, Force, and Extortion , God faith by the Wife man, 11.24 fbatitJIayoth not with them that get it, but femperBrunt in egejfate ,..poverty ever at- Abac.z.8z7 tends them. And the Prophet faith, Vu tibi quifolias, nam to ipfe foliabere 5 Wo to Próv.z2.23 thee that f oilelf, fee thou Jhalt befpoiled. a. For the deceitful man that gets his wealth PIal.5 5.23 by fraud ; the Pfalmifl faith , Non dimidiabit dies fuos , beAd; not live out halfhis Prov.11s6 daie.r. 3.For theNiggard itis faid,that he that putteth his confidencein richesJhallfalí TheHeathen mancould fay, that they (hall be asfunger, and fome mightier than themfelves (hall fqueeze them,, till they be dry again. But howfoever it fareth with them in this world , they (hall have a great curie t Cor.d.lo hereafter ; for'theyJhall never inherit the kingdom of heaven. In the mean time the 5.11 Apoftle tells us, that theyarenot tobe accounted brethrenof the Church, for hepro- , hibits us from keeping company or eating with them. And this for the fin in gene- ral. ïñepartiewIar In particular,the fin ofunjnk getting by force or violence may receivethis divifion. ke dt ofNnjufl r. Some there are that let themfelves to foil their Neighbours in .uum commodum, gelling, p .f to benefit themfelves. z.Others that do it only or chiefly, in detrimentum &damnum proximi, to hurt and damnifie theirNeighbours. r By rapine s. Them that do it for their own benefit, we may confider thus. a. They do it, aril vioúnce either cum pretextu, under colour of authority,or a. fine pretextu, without any fuch pretence. i Parmen, I. They whichdoit cumpretextu, under colourof authority , do iteither. a. In 417.b0eft, belle, in War, a. orin Face, in time of Peace. a. In
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