18 COBEETT'S [No. 



communiaS [In case of extreme necessity, all things 

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

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

 even of our own lawyers have asserted the same ; 

 and very bad use hath been made of this concession 

 by some of the Jesuitical casuists of France, who 

 have thereupon advised apprentices and servants to 

 rob their masters, where they have been indeed them- 

 selves in want of necessaries, of clothes or victuals ; 

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

 petent judges ; and by this means let loose, as much 

 as they can, by their doctrine of probability, all the 

 ligaments of property and civil society." 



20. B. " I do, therefore, take it, that, where per- 

 sons live under the same civil government, as here 

 in England, that rule, at least by the laws of Eng- 

 land, is false ; and, therefore, if a person being under 

 necessity for want of victuals, or clothes, shall, upon 

 that account, clandestinely, and ' animo furandij 

 [with intent to steal,] steal another man's goods, 

 it is felony, and a crime, by the laws of England, 

 punishable with death; although, the judge before 

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

 extremity) be by the laws of England intrusted 

 with a power to reprieve the offender, before or after 

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

 For, 1st, Men's properties would be under a strange 

 insecurity, being laid open to other men's necessi- 

 ties, whereof no man can possibly judge, but the 

 party himself. And, 2nd, 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 

 necessities by collections for the poor, and by the 

 power of the civil magistrate. Consonant hereunto 

 seems to be the law even among the Jews ; if we 

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

 'Men do not despise a thief, if he steal to satisfy his 

 soul when he is hungry, but if he be found, he shall 

 restore seven-fold, he shall give all the substance of 

 his house? It is true, death among them was not 

 the penalty of theft, yet his necessity gave him wo 



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