' ' 110 , Q:!•Jl· ~· Q:!•Jl· 3· Cafes abaut Stealing. which is anothers, Si irrationabiliter cenfiatur Domin~M invitus : ut .in eU qutt accipit aliquU ex a/irno ad extremam& prtt[enttm foam neceffitatem fublcvand.Jm, cui ali..: ratitme foccurrere non pottft. Hoc t~i'!' videtur tjJe ex ju:e natural!, divifione rerum antiquio~e. & fuperi_ore ; q_uodjureh~mano quor~aa eft drvifio rtrum nuu potuzt abrogan: 9l.f.!o ftnfu non male d:cJtur, omm.a fien commuma in extrtmfz ne· crffitau. 1 9· 4· On the other fide, thofe that deny it fay, that the fame God that bath bid us prefcrvc our lives hath appointed propriety, and forbid us to fieal, without excepting a cafe of nccdiity, and therefor; bath made it fimply evil, which we may not do for the l'rocurernent of any good : And the faving of a mans hfe Will not prove fo great a good, as the breakmg of Gods Law w1ll be an evil. ~ S· For the true determining of this cafe, we mu(\ dillinguifh of Pcrfons, Places and Occafions. , r. Between thofe whofe lives are needful to the publick good and fafcty, and thofe that arc not of any fucn conccmment. 2· Between thoft that are in an enemies or a firangc Countrey, and thofe rhat arc in rhdr own. 3· Between rhofe that are in a Common-wealth, and thofe that are either in a community, or among peuplc not cmbodycd or conjoyned. 4· Between thofe that rake but that-' which the refuter was bound to give them, and thofe that take that which he was not bound to give them: And fo I an(wcr ; . . . . 9· 6. I . Whenfocverthe prefervauon of the hfe of the t~kcr, " not ~n open probability, like to be more fc:rviccable to the common good, than the v1olat10n of the r1ght of Propricry wiil be. hurtful, the taking of another mans goods is finful, though it be only to favc the takers life. For the common good is to be preferred before the good of any individual. ~· 7• 2· In ordinary cafes, the faving of a mans life will not do fo much good, as his fiealing will do h\lrt. Becaufe the Jives of ordinary pcrfons arc of no great concernment m the common good : And the violation, of the Laws, may en,ourage the poor to turn thieves, to the Jofs .of the cfiatcs and lives of others, and the ovc:nhrow of publick peace and order. Therefore ordinarily it is a duty, ra– ther w dye, than take: another mans goods againet his will, or without his confcnt. ~· 8. 3· But in cafe thatthe Com.,ongood doth appartntly more require the prefervation of the prrfons life, than the prefervation of propriety and ketpingof the Law in that intlan<e, it is then no tin ( as I conceive ) : which may fall out in many infi.tnces. As, I. In cafe the King and his Army, fhould march thraugh· a Neighbour·Princes Countr<y, in a necdfary War againfi their enemies ! If food be .denyed them in their march, they may take it rather than pcrifh, · 2· In cafe the Kings Army in his own Dominions, have no pay, aud mull ei· ther disband or dye, if rhey have not provifion, they may rather take free quarrer, in cafe that their obedience to the King and the prefervation of the Countrcy forbiddcth tbcm to dishlRd. 3· When it is a prrfon of fo great honour, dignity and defert, as that his worth and fcrviccablends will do more than recompence the hurt : As if Alcxandrr, or Arijlotle were on Ship· board with a Co– vetous Ship·mafier, who would let them dye rather than rclicvcrhem. 4· When a Child taketh meat from a cruel Parent that would famifh him, or a Wife from fuch a cruel husband ! Or any man taketh his Own by flcalth from another who unjufily detaincth ir, when it is to favc his life. Fbr here there is a fundamental right ad rtm, and the heynoufnefs of his crime thar would farnilli another rather than give him his own, or his dn, doth take off the fcandJ.l and evil confc– quents, of the manner of tak,!ng it. 5• But the greatefi difficulty is, in cafe that only the common Law of humanity and chariry bind another to give to one that elfe mu{\ dye, and he that ncedcth may take it fo fecrct ly that it ihall in likelihood never be known, and fo never be fcmdillous, nor rncourage any other to fical ? May not the needy then (\ea! to fave his life ? This cafe is fo hard, that I !hall nut venture to determine it: But only fay that he that doth fo in fuch a cafe, mull refolve when he hath done, to r<pay the owner if ever he be able (though it be but a pieceofbread); or to repay him by his labmu and fervice, if he have no other way, and be thus able ; or if not fo, to confcfs it to him that he took it from, and acknowledge himfelf his debtor ( unlefs it be to one whofe cruelty would ahufe his confdlion ). ~· 9· <l!!efi. 2· If another be bound to relieve me, anddo not; may I not take it, though it bt not for tht immediate faving of my life l An[fll• If he be bound only by Gods la"' to relieve you, you mutl complain to God, and flay till he do you right, and not break his Law and order, by righting your fclf, in cafe you are not in the 11<· ceffity aforefaid. If hi: be bound alfo by the Law of man to relieve you, you may complain to the Rulers, and fcek· your right by their afiifiance? hut not by fiealth. ' ~· ro. Q.lletl. 3· If another borrow or pojftfs my goads or money, and rtfufe to pay me, and I ca111101 have lafll and juftice again]! bi,m, or am nut rich tllough to [Ne him, may I not ta/tt thtm if I have .an •pportunity I .Anfw. If he turn your enemy in a time of War, or live under another Prince, with whom you are at War, or where your Prince alloweth you to take it ; tl1(:re it feemeth undoubtedly lawful to take your own by that Law of Arms, which then is uppermofl. But when the Law that you are under forbiddeth you, the cafe is harder, But it is: certain that Propriety is in communities, and is in order of nature antecedent ro humane Government in Republicks : and the prefervation of ir is om; of rhe ends of Government : Therefore I concdvc that in cafe you could take your own {o fecrc:tly, or in fuch a manner as might no way hinder the ends of Govcrnmc:n.t as ro others, by encou· raging thievery or unjufi violence, it is not unlawful befme God, the e>~d of the Law being the chief part of the Law: But when you cannot take your own without either encouraging theft or violence in others, or weakening the power of the Laws and Govcrnm<nt by your difobedience (which
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