18 COBIM [No. 



communia.' [In case of extreme necessity, all thi 

 are in common;] and. therefore, in such case theft is 

 no theft, or at least not punishable as theft; and some 

 i of our own lawyers have asserted the same; 

 and very had use hath been made of this concession 



by some o(' the Ji-xnil icnl casuists of /' who 



have i hereupon advised apprentices and servants to 

 rob their 11 1:1 -i rr-. where they have been indeed them- 

 selves in want of necessaries, of clothes or victu 

 whereof, they tell them, they themselves are the com- 

 : and by this means let loose, as much 

 a- tl By their doctrine of probability, all the 



ligaments of pr 1 civil soc 



20. B. " I do. therefore, /"/,-/ //. that, where pep- 

 sons live under ih- same civil '.:<>. 'Tiiment, as A 

 in I . thai rule, at least by the laws of E 



land. \- false ; and. tlirn.f, M -,.. if a person beini: muter 



.>.-?//// for a-! in/ .-.-. or clothes, shall, upon 



that accouni. claude -tim-ly. ;md l ai //,' 



[with intent to steal.) steal another man's goods, 

 it is felony, and a crime, by the laws of /,' 

 punishable with death; although. the judge before 

 whom the trial is, in this case (as in other cases of 

 extremity) he by the laws of ./.' 

 with a power to reprieve the offender, before or after 

 judgment, in order to the obtaining the Kind's mercy. 

 I -i. Mm'* properties would be under a 



'urity. being laid open to other men's nec< 



whereof no man can possibly jud^e, but the 

 party him- !i'. And. ^nd, Because by the laws of 

 this kingdom [here he refers to the 43 Eliz. cap. 2] 

 sufficient provision is made for the supply of such 

 iM'ces.oties by collections for the poor, and by the 

 power of the civil magistrate. Consonant hereunto 

 seems t-> be the law even among the Jews; if we 

 may believe the wisest of kings. Proverbs vi. 30. 31. 



'/ r/d tint f/rs^/.sr d thief, if fit' ati'til to tt'ititifi/ ///x 

 sonf whrn he /* /n/mrrt/. hut if lie he fonn<L ///' x/u///^ 

 restore seven- fold, hf nhnll x'ir,' (ill the substance of 

 his hni(i?eS It is true, death among them was not 

 the penalty of theft, yet his necessity gave him no 



