Propositions and Principles of Divinity Disputed, Section 37
PRINCIPLES VPONUPON THE EIGHT COMMANDEMENT OF GODS LAVVE. XXXVII.
1 IN the two former commandements, care was had of the preſeruation of mans ſocietie, as far as it belonged vntounto the very perſons themſelues: In this Comdement, God requireth the maintenaunce of their goods; thereby hauing regard, both vntounto eueryevery familie, and alſo, vntounto the common vtilitie.
2 The reaſon of this precept, as alſo of the ſixt and ſeuen is threefolde, diuine, naturall and polliticke.
3 Diuine, becauſe that wee muſt abſteine from theft, ſeing God doth forbid vsus to ſteale, for he that is the beſtower of goods, is the diſpoſer and preſeruer of them.
4 Naturall, becauſe, as the Lawiers doe ſpeake; it is of the lawe of nature, that ſome men doe poſſeſſe more, and ſome leſſe, the which thing whoſoeuer doe confound, they violate the law of nature.
5 Politicke, becauſe that vnleſſe, that theft were forbidden, not onelie peace and quietnes among men, ſhould bee broken; but alſo the whole ſocietie of men, ſhould bee deſtroyed.
6 By theft, is comprehended in this commandement, by ſetting downe the part for the whole, all kinde of injurie that is offered vntounto the goods of our neighbour, as the taking awaye of other mens goods, the vnjuſt retaining of them, either by fraud, or by open violence.
This commaundement then doth altogether withſtand the confuſion of goods, which certaine fantaſticall men, (and PLATO alſo in this point not diuine) & namlie, the Anabaptiſts of our time go about to eſtabliſh among Chriſtians.
7 All goods are, either ſacred and diuine, or humaine.
8 Sacriledge, is the ſtealth of thoſe goods, which are called Diuine: not becauſe God ſtandeth in neede of them, but from the vſe and the ende to the which they are appointed: namelie to the worſhip of God.
9 Humain goods are either our own in proper, or common by right of their vſe and poſſeſsion, or belonging vntounto other men. Other mens goods are in like ſort, as either publicke or priuate.
10 Peculatus or the robbing of the common Treaſurie, is the ſtealing of the publick goods, when as a man doth take vntounto his own priuat vſe, the things that are the whole Common-wealths: whereunto is annexed, the crime and accuſation of extortion or ill behauiour in an office.
11 The definition of theft giuen by the Ciuilians, doth properly belong vntounto priuate matters, and it is rightly defined to bee the fraudulent handling for lucres ſake of other mens goods, in the vſe or poſſeſsion thereof, beeing a ſinne forbidden to be committed by the law of nature: Nowe of this ſinne, ſome ſorts hauehave proper names among the Latines, as Plagium, manſtealing, and Abigeatus, ſtealing of cattell: the reſt they comprehend vnderunder the generall name of theft.
12 Theft is vniuerſallie forbidden, both in reſpect of the ſubſtance of the thing: and alſo in regard of the quantitie, qualitie, and vſe of it.
He therfore is guiltie of theft, not only which ſecretly conuaieth away other mens goods, and fraudulently receaueth or poſſeſſeth them: but alſo hee which putteth old in ſteed of new, vſeth falſe weight & falſe meaſure; or he, who vponupon a purpoſe to deceaue, doth not reſtore the owners goods at the time and at the place appointed.
13 All of what age, ſex, or ſtate ſoeuer they bee, are forbidden to ſteale in this commandement.
14 The word Theft, doth here alſo comprehend al the euill conueiances, whereby wee goe about to make other mens goods to be our own. And all the waies which couetouſneſſe, the root of all thoſe euils, doth teach vsus.
Vſurie, that is, the gaine which a man either by couenant or without couenant, doth reape by the harme of his neighbour is heere eſpeciallie forbidden.
15 God the ſearcher of the hart doth not onlie forbid outwarde theft, but alſo all the inwarde deſire whereby we gape after other mens goods.
16 Out of this negatiue commandement, the affirmatiue is to bee vnderſtood, whereby wee are commanded to giuegive everie man his owne, and freelie and willinglie to beſtowe to the vſe of our neighbour, according vntounto our callings, whatſoeuer guifts, either of the minde or of the body wee hauehave receaued of God.
Wherefore all Monks, beggers, ſtage-players, and al other loyterers, who either liue in idlenes, or gaine their liuinges out of other mens goods by vnprofitable ſciences: or by riot doe ſpend their owne ſubſtance, whereby, they might honeſtlie maintaine them ſelues and others, are eſpeciallie guiltie of the breach of this commandement.
17 The ciuill puniſhment of theft, may bee arbitrarie, vppon the diuers conſiderations of circumſtances, times, places, and perſones, according to that common ſaying of the Lawe: when wickednes doth growe more riefe, the puniſhement of it ought to growe more ſeuere.
They are not therfore to be hard, who hold that it is in no wiſe lawfull to puniſh theft with death.
Defended by LAVRENCE BRVNE…IVS of Auinion.