II.] POOR MAN'S FRIEND. 31 



of writers. Hence it follows, first, that, in case of 

 extreme necessity ', the pristine right of using things 

 revives, as much as if they had remained in common ; 

 because, in all human laws, as well as in the law of 

 private property, this case of extreme necessity ap-> 

 pears to have been excepted. So, if the means of 

 sustenance, as in case of a sea-voyage, should chance 

 to fail, that which any individual may have, should 

 be shared in common. And thus, a fire having broken 

 out, I am justified in destroying the house of my 

 neighbour, in order to preserve my own house ; and I 

 may cut in two the ropes or cords amongst which 

 any ship is driven, if it cannot be otherwise disen- 

 tangled. All which exceptions are not made in the 

 written law, but are presumed. For the opinion has 

 been acknowledged amongst Divines, that, if any one, 

 in such case of necessity, take from another person 

 what is requisite for the preservation of his life, 

 he does not commit a theft. The meaning of which 

 definition is not, as many contend, that the proprie- 

 tor of the thing be bound to give to the needy upon 

 the principle of charity; but, that all things distinct- 

 ly vested in proprietors ought to be regarded as such 

 with a certain benign acknowledgment of the primi- 

 tive right. For if the original distributors of things 

 were questioned, as to what they thought about this 

 matter, they would reply what I have said. Neces- 

 sity, says Father SENECA, the great excuse for hum an 

 weakness, breaks every law ; that is to say, human 

 law, or law made after the manner of man." 



39. " But cautions ought to be had, for fear this li- 

 cense should be abused : of which the principal is, to 

 try, in every way, whether the necessity can be avoid- 

 ed by any other means; for instance, by making ap- 

 plication to the magistrate, or even by trying whether 

 the use of the thing can, by entreaties, be obtained 

 from the proprietor. PLATO permits water to be 

 fetched from the well of a neighbour upon this con- 

 dition alone, that the person asking for such permis- 

 sion shall dig in his own well in search of water as 

 far as the chalk: and SOLON, that he shall dig in his 



