Exposition of the Moral Law, Book 2 · Commandment 8 – Commandment 9

Exposition of the Moral Law · Book 2 · Commandment 8 – Commandment 9

p. 190Commandement. VIII.

EXERCITAT I. Of theft in generall.

Exod. 20.15. Thou ſhalt not ſteale.

The Lord gives men the uſe of the earth, but not the abſolute dominion of it.DAvid ſaith, The heaven, even the heavens are the Lords: but the earth hath he given to the children of men. Pſal. 115.16. He hath given the earth to the children of men, he hath not given them the abſolute dominion of the earth, for that hee hath reſerved to himſelfe, hee hath given them but a ſubordinate dominion, they hold all in capite of him, for the earth is the Lords, and the fulneſſe thereof, therefore every man muſt ſeeke his dayly bread of him, and not be his owne carver, but be content with that meaſure which the Lord allotted to him.

Theeves will not bee contented with that portion which the Lord allotteth unto them, but they come like the ſerv…nts of Elies ſonnes with their fleſh hooke in their hand, and ſay, give me this; and if thou wilt not, I will take it by force. 1. Sam. 2.

Ius Spirituale. Civile.Man hath a double right to the creatures; Firſt, hee hath a ſpirituall right, and then he hath a civill right; a p. 191wicked and unregenerate man may have a civill right to the creatures,The wicked may have a civill right, but not a ſpirituall right. becauſe the ſentence and the curſe of the law is not yet executed upon them. Luc. 6.35. God is kind unto the unthankefull and to the evill, and God granteth to them the uſe of theſe temporall things, for the maintenance of their civill life; but the thiefe hath neither a ſpirituall nor civill right to that which he ſtealeth, and therefore he is twice a thiefe.

T…e thiefe ſinneth both againſt iuſtice,The thiefe ſinneth againſt juſtice, diſtributative & commutative. and againſt charity; Firſt, hee ſinneth againſt iuſtice, both commutative and diſtributive, he ſinneth againſt commutative iuſtice and giveth not this for this, but taketh it either by violence, or by craft.

So hee ſinneth againſt diſtributive iuſtice; ſee how David deſcribeth the righteous man. Pſal. 112.9. He hath diſperſed, hee hath given to the poore, his righteouſneſſe endureth for ever; the righteous man diſperſeth to the poore, and his righteouſneſſe endureth for ever; that is, his almes and his good deeds ſhall bee had in remembrance here, and afterwards ſhall receive him into eternall tabernacles. Luc. 16.9. that is, they ſhall teſtifie that hee is to be received into eternall tabernacles; the righteous ſcattereth and the thiefe gathereth, his almes teſtifie that hee ſhall bee received into eternall tabernacles, but his theft deſerveth that hee ſhould be ſecluded from eternall tabernacles.

Againe, he ſinneth againſt charity;The thiefe ſinneth againſt charity. and he runneth into the breach of the ſixt Commandement, as hee doth into the eight; for when he taketh away his neighbours goods, hee taketh away his life; and therefore their goods are called their life. Luc. 8.43. She ſpent upon the Phyſitians all her goods, in the Gree…e it is, foreign, her whole life; becauſe her goods were the meanes to maintaine her life; therefore they are called her life.

p. 192Sinne ſweet in the beginning, but bitter in the end.This ſinne at the firſt is very ſweet to a man, but in the end it is very bitter. Proverb. 20.17. The bread of deceit is ſweet to a man, but afterward his mouth ſhall bee filled with gravell: it is ſweet to him for the preſent, but the end of it is bitter. The devils alchymie is to change ſtones into bread; Mat. 4.3. but the theeves alchymie is to turne bread into ſtones and gravell;foreign Caput. Venenum. SVGERE caput vipera quid. as Achans theft was ſweet to him at the firſt, but afterward it proved gravell to him. Ioſh. 7. Caput viperae ſuget. Iob. 20.16. When the female viper engendereth with the male, the female ſucketh the head of the male, and biteth it off with great delight; then ſhee conceiveth her young ones, which eate out her belly. So when the thiefe ſtealeth the righteous mans goods, they ſeeme very ſweet unto him, but in the end hee ſmarteth for it; hee ſucketh the vipers head at the firſt, but the brood gnaweth out his belly.

The concluſion of this is; as the Lord hath a care that a mans firſt and naturall life be preſerved: ſo he hath a care that his ſecond life be preſerved, that is, the meanes which ſhould maintaine his life.

EXERCITAT. II. What theft is. Commandement VIII.

Exod. 20.15. Thou ſhalt not ſteale.

THeft is defined, The taking away of another mans goods againſt his will; and it is committed either in ablato, or in depoſito.

p. 193In ablato, When it is theft to take a thing without the conſent of the owner.when one taketh away that which belongeth to another againſt his will, then it is theft. If the abſolute and ſupreme lord himſelfe give his conſent, although the owner or inferiour lord give not his conſent, yet it is not theft: as when the Iſraelites tooke away the Egyptians earerings, and jewels, although they had not the conſent of the Egyptians to take them away, yet it was not theft; becauſe God himſelfe,foreign Spolia…erunt Aegyptio…. foreign Eſt eripere praeda…. who was the ſupreme Lord commanded them; therefore, Exod. 12.36. [vainatzelu eth mizraijm,] they ſpoyled the Egyptians: they had as good right to theſe jewels as the ſouldiers had to the ſpoile.

Secondly, a man may take another mans goods in in his neceſſity to ſupply his meere wants; in this caſe the law maketh things common; and although he have not the conſent of the owner, when he taketh his goods; yet this is not theft.In neceſſity a man may take another mans goods without his conſent. Before the fall all things were common among men, and ordained for mans ſuſtentation, and this diviſion of goods was brought in but after the fall; and therefore ought to give place to the fi…ſt inſtitution in a mans neceſſity to ſave his life: for in the firſt eſtate every man might take as much would ſuffice him, not doing wrong to another: ſo in this eſtate, a man may take as much of another mans goods as to ſupply his neceſſity, without the owners conſent. A man might go into his neighbours vineyard, and eaſe as many grapes as he pleaſed, jure charitatis, by the right of charity: but he might carry none away with him,Iu. Charitatis. Proprietatis. becauſe he had not jus proprietatis; ſo David in his neceſſity eate the ſhew bread, 1. Sam. 21. and the Diſciples pulled the eares of corne, Matt. 12. hence it is that the poore are called [bagnale tobh] Lords of …ther mens goods, Prov. 3.26. becauſe in their neceſſity they have the right of charity to their goods:The poore are lords of our goods in neceſſitio. hee hath not here an abſolute dominion or dominium rectum as the lawyers p. 194call it, for they ſay, dominium anius rei penes plures in ſolidum jura non patiuntur, that is, the law will not ſuffer that moe ſhall have the abſolute dominion of one thing,

Queſt. How can that which is a mans owne be taken from him without his conſent, can neceſſity make it another mans?

Anſw. Hee is not Dominus in ſolidum of it, for when hee taketh ſo much to ſatisfie his neceſſite, hee is bound to reſtore as much againe if hee be able; and therefore ſome ſay, that things in ſuch a caſe are rather communicanda, quam communia, to be communicated, then common.

A man may have the tacite conſent although not the expreſſe conſent of the owner.Thirdly, when a man hath the tacite conſent of the owner to a thing, although he have not his expreſſe conſent, this is not theft; and this he doth, when he enjoyeth a thing by preſcription.

Preſcription what.Modeſtinus the lawyer deſcribeth preſcription after this manner, Eſt adjectio dominij per continuationem poſſeſſionis à lege definiti.

Firſt, it is called adjectio dominij, becauſe the dominion is not gotten by the direct conſent of the former poſſeſſor, but by the law which preſumeth that the former poſſeſſor had given his conſent by his long ſecrecie in not claming his owne againe. And as a cuſtome differeth from the law, ſo doth the right by preſcription, from the right which a man getteth directly with the poſſeſſors conſent; for cuſtome is a ſecret conſent for the moſt part, but the law is an open and a cleare conſent.

And it is added per continuationem, for the law preſumeth, …f hee had enjoyed it for a long ſpace, and the poſſeſſou… had not clamed his right,Lands preſcribe not when the owner doth chal enge it within ſuch time. all this time, in that caſe the law ſaith, that the poſſeſſor is willing to quit his poſſeſſion. Example of this wee have, Iudg. 11. p. 19512.13. where Iephthe pleaded, that the Iſraelites poſſeſſed that land by preſcription three hundreth yeares. So we have an example that the law preſcribeth not, when the poſſeſſor challengeth it within ſuch a time, 2. King. 8.3. The widow that was abſent from her poſſeſſion ſeven yeares amongſt the Philiſtins, for famine, in this time her land preſcribed not, and the king commanded to reſtore it to her againe.

Againe, they muſt have a juſt title to this poſſeſſion,Men muſt have a good title in preſcription. or elſe it will neuer preſcribe.

But it is againſt the law to take any thing from the right owner againſt his will. Ob.

That which is taken from the owner by preſcription, Anſ. is not taken from him againſt his will; for it is preſumed that hee giveth his tacite conſent to it.A twofold end of the Law. There is the ſupreme end of the law, and there is the inferiour end of of the law; the ſupreme end of the law is this, that every man may have his owne, and that men may be certaine of their poſſeſſions: now becauſe the ſupreme end of the law cannot be kept without the breach of the inferiour end of the law; the inferiour end is neglected that the ſupreme end may be kept.

When a man then hath the Commandement of God for his warrant, although hee take ſomething from the owner againſt his will, that is no theft: ſo when he taketh by the law of nature in his neceſſity to ſupply his want, although the owner conſent not, yet it is not theft. So when he hath the tacite conſent of the owner, and the approbation of the law by preſcription, this is not theft.In voluntarium. Per ignoranrantiam. Per violentiam. Secundum quid. But when he taketh a thing directly againſt the owners will, this is theft. It is taken againſt the owners will, firſt by ignorance, as in ſecret theft; ſecondly, by violence; thirdly, when it is partly taken againſt his will, and partly with his will, as in uſury.

Secondly, theft is committed in Depoſito, in a thing p. 196committed to ones truſt and this is called [Pikkadon] or foreign,foreign Depoſitum. foreign. Tim. 6.20. Levit. 6.2. If a ſoule ſinne, and commit a treſpaſſe againſt the Lord, and lie unto his neighbour, in that which was delivered to him to keepe, or in fellowſhip; in the Hebrew it is, in poſitione manus, for pone…e manum ſignificat ſocietatem inire, apud Hebraeos, Exod. 22.11.P…ſitto manus eſt ſocieta… contractus apud Hebrae…. Firſt, the caſe is ſet downe, when hee ſhall not make it good which is concredited to him, if it be wanting; and then the caſe is ſet downe, when hee ſhall make it good: if through his negligence the thing be ſtolne or loſt, then hee is to make it good; if it be taken away ſecretly, hee ſhall not make it good, but an oath of the Lord ſhall be betwixt them. And Paul alludeth to this forme. 2. Tim. 1.12. I am perſwaded that he is able to keepe that which I have committed unto him against that day. God is that faithfull depoſitarius, who will keepe our depoſitum faithfully, and wee concredit the keeping of our ſalvation unto him;Alluſion. that is called depoſitum, which is a matter of great weight, and it is arrhabo, which is a part of the price that cannot be taken backe againe,Depoſitum quid. foreign Arrhabo. foreign Reſpondere. and to expreſſe the ſuerty of this keeping, David ſaith, Pſal. 119.122. [gnarobh gnabhdecha] ſubarrha ſervum tuum, be ſuerty for thy ſervant.

foreign Subarrha ſervum tuum.The concluſion of this is, that which is taken from the owner againſt his will is theft: it is theft to take a thing craftily from a man, but the greateſt theft of all, is to take a thing violently from him againſt his will, for here the owner is altogether unwilling to give his goods, but when a man is craftily over reached, it is not fully againſt his will that he giveth his goods.

p. 197EXERCITAT. III. Of Oppreſsion. Commandement. VIII.

1. Theſſ. 4.6. Let no man goe beyond or oppreſſe his neighbour in any matter.

THeft is divided according to the time, according to the object, and according to the manner.

According to the time, there is the night theft,Theft divided according to the time. and the day theft: if the theefe came to ſteale in the night, then hee might be killed ſafely; but if he came to ſteale in the day time, they might not kill him, Exod. 22.2.3.

Secondly, according to the object. If hee ſteale holy things, that is called ſacriledge: as the theft of Ananias and Saphira, Act. 5.2. If hee rob the Common-wealth, that is called peculatus; if he ſteale cattell, that is called abigeatus; ſuch were the Chaldeans, who robbed Iob of his goods; and ſuch were the Saracens, foreign irruere praedonum more. 1. Sam. 27. foreign Excurrere. foreign vacuum eſſe.1 Sam 27becauſe they lived by robberies and excurſions, they were called Saracens from [Sarak] excurrere which cometh from [rik] vacuum eſſe; and the Seventy tranſlate them foreign, ſuch were the Iſhmaelites, Gen. 37. which Targum Ionathan tranſlateth Arabians, and ſuch were the Chaldeans, Hab. 1.7. If hee had ſtolne a man, that was called plagium, and ſuch a one was to die the death, Exod. 21.16.

Againe, theft is divided according to t…e manner, it was either publicke theft or ſecret theft: if … was publicke, either by land or by ſea,Theft divided according to the manner. by land when it was committed with an open & a high hand, the higheſt ſort of thoſe are murthering theeves, who kill that they may p. 196robbe, ſuch were theſe who lay betwixt Ieruſalem, and Iericho. foreign Diabolus a foreign vaſtavit.Luc. 10.30. thoſe reſemble moſt the divell Aſhmodeus, who hath his name à [ſhadad] vaſtare, who ſpoyleth and ſpareth none.

Robbery by ſea is called piracie, Revelat. 12.12. Woe be unto the earth, and to the ſea, becauſe the devill is come downe to you, having great wrath: theſe ſpirits are the divels factors who trouble the ſea:Piracie what. ſuch were the barkes of the Iles Pharos amongſt the Egean iſlands called foreign, that is, little ſwift barkes, or pinnages which came out ſecretly like mice of the Ile Pharos to robbe, and Lemnunculi, SHIPS of deſire what.little barkes that came out of the Ile Lemnos to robbe like the barkes of Dunkirk; and Iob alludeth to theſe ſorts of barkes, My dayes paſſe as ſhips of deſire, Iob. 9.26. that is, like the pyrats pinn…ge which is very ſwift to catch the prey.

foreign Vt abripuir.Theft againe is divided according to the manner, either to oppreſſe by violence, or by fraud, Levit. 19.13. by violence, that is called gazal, to plucke a thing by violence out of ones hand, ſo it is ſaid of Benajah, that He plucked the ſpeare out of the Egyptians hand. 2. Sam. 23.24. The ſecond ſort of theft is to oppreſſe by fraud; this is called [gnaſhak, foreign Fraude vel oppreſſione detinuit, oppreſſit.] and Iohn the baptiſt forbiddeth both thoſe, Luk. 3.14. Doe violence to no man, neither accuſe any falſely, and be content with your wages: this ſort of theft cometh of covetouſneſſe, Micah. 2.2. They covet fields and take them by violence, and houſes and take them away, ſo they oppreſſe a man and his houſe, even a man and his heritage.

Oppreſſors called hunters.Theſe violent oppreſſors are called hunters in the Scripture; …imrod was a mighty hunter, Gen. 10.8. that is, a mighty o…preſſor. So Prov. 12.27. He ſhall not roſte that which hee …ooke in hunting: that is, which he hath taken by oppreſſion.

They are compared to the lion, to the wolfe, to the p. 197wild aſſe and to the Gryphon, avis digitata, Oppreſſors compared to the lion, wolfe, wilde aſſe and gryphon.that hath tallons, Ier. 12.9. Firſt, they are compared to the lion, Pſal. 10.10. Hee croucheth and humbleth himſelfe, that the poore may fall by his ſtrong ones, that is, hee croucheth and humbleth himſelfe, as if his ſtrong parts were weake and feeble, to make the poore fall, and as the lion coucheth to catch the beaſt, and then leapeth upon it & divoureth it; ſo doth the mighty hunter oppreſſeth the poore, Micah. 3.2. Who hate the good and love the evill, Oppreſſors in the Scriptures are called ravenous beaſts.and pluck off their skinne from of them, and their fleſh from their bones, who alſo eate the fleſh of my people, and flay their skinne from off them, and they breake their bones, and chop them in pieces as for the pot, and as fleſh within the caldron. So they are compared to wolves, Zeph. 3.3. Her princes within her are roaring lions, her Iudges are evening wolves, they gnaw not the bones till the morrow. Thirdly, they are compared to the wild aſſe, Iob. 24.5. to ſhow their ſpeedineſſe and readineſſe to oppreſſe and their readineſſe to flie away when they have done, that they may eſcape the hand of the Magiſtrate. Fourthly, they are compared to the Gryphon. Levit. 11.16.foreign Ʋultur. a foreign violentia. foreign who liveth by rapine and therefore hee is called tahhmas from hhamas violence, and the Seventy tranſlate it foreign, ravenous kites. Then the holy Ghoſt diſcribeth the perſons whom they oppreſſe, the poore, the widdow, and the fatherleſſe, and theſe the Lord eſpecially calleth his people. Exod 22.25. If thou lend mony to any of my people, that is, to the poore of my people, The poore are called Gods people.So Pſal. 14.4. They eate my people as bread, that is, the poore of my people; they are foreign, an… worſe, for they eate men when they are dead, but thoſ… oppreſſors eate them while they are alive. When they robbe the poore they robbe the Lord himſelfe. So Iob. …4.3. They drive away the aſſe of the fatherleſſe, and they take the widdowes oxe for a pledge; God promiſeth to be a father p. 200to the fatherleſſe, and a Iudge of the widowes. Pſal. 68.5. they take the Aſſe of the fatherleſſe, that is, of him whom I have taken to bee a father to, yet they ſpare him not; and they take his Aſſe from him, that is, the beaſt which ſerveth him for greateſt uſe. So they take the widowes oxe,foreign vidua ab foreign ſilere. the widow in the Hebrew is called [Almonah] from [Alam] mutum eſſe; ſhe hath no body to ſpeake for her, and they take her oxe from her, the moſt neceſſary beaſt for worke, and therefore under the law hee who tooke away a mans oxe, hee was bound to reſtore five for him. Exod. 22.1. Then they take her onelyonly oxe,Simile. which aggravateth their ſin much, as Nathan telleth David when he tooke the mans onelyonly ſheepe. 1. Sam. 12. then under pretext of juſtice, as if the poore widow were debtfull to them. Iob. 22.9. They ſend away the widow empty. Theſe oppreſſors are the worſt Phyſitians that can bee,The mercileſſe dealing of the oppreſſor. letting too much blood, and not taking away the ſuperfluous humours, but the thing neceſſary for their life; and theſe are called viri ſanguinum, Pſal. 54.24. becauſe they ſuck the ſubſtance from the poore, as it were their blood. And Iob. 24.10. They take away the gleanings from the hungry. The Lord forbiddeth expreſſely, Deut. 24.19. when they reape their fields to take away their gleanings, but to leave them to the poore, the fatherleſſe, and the widow; but they miſregarded the Lords ordinance, and tooke all away: So the Lord commanded when they gathered the grapes of their vineyards, they ſhould not gleane afterward; but the oppreſſors tooke in all. Iob. 24.6. The wicked gat…er the vintage, Serotmare vineam quid.& leave nothing to the poore, others expound Serotinare vineam, thus they gather the grapes before they bee ripe, to ſerve for the uſe of man in the end of the corne harveſt; & this aggravateth their ſinne more. Plutarch ſaith, that we condemne more the hornets and the waſpes which ſting men to death, then p. 201we doe wolves and lyons; becauſe theſe when they kill men, doe not feed upon their bodies, but the lyons and the wolves feed upon them when they kill them: To cut the vines before they bee ripe and can ſerve for no uſe, that doubleth the iniquity.

The concluſion of this is: Eſay. 31.13.Concluſion. He that deſpiſeth the gaine of oppreſſion, hee ſhall dwell on the height of high places, his place of defence ſhall bee the munition of rocks, bread ſhall bee given him, and his water ſhall bee ſure: but oppreſſors, Ier. 17.11. are like the Partridge that ſitteth on egges, and hatcheth them not; So he that getteth riches and not by right, ſhall leave them in the midſt of his dayes, and in the end ſhall be a foole.

EXERCITAT. IV. De furto palliato, or covered theft. Commandement. VIII.

Ier. 22.14. Woe bee to him that cutteth out my windowes, and it is ſeeled with Cedar and painted with Vermilion.

FVrtum palliatum, or coloured theft is,foreign Palliare pallium. Lev. 5.15. So the Latines ſay, gaudere gaudium. Theft coloured under pretence of religion.Lev 5:15 when men caſt a cloak or ſome pretence upon their theft. Timgnol magnal, when a man is blinded, as if a cloak were caſt about his eyes.

This coloured theft is coloured ſundry wa…es; Firſt, under the colour of religion, as thoſe who bro…ght cattell and doves to the temple to bee ſold, and changed their money there; they pretended that all this was done for the ſervice of God, that the people might p. 202have their ſacrifices more ready at hand; but Chriſt called this theft, Yee have made my houſe a den of theeves. Mat. 21.13.

Theft coloured under pretence of charity.Secondly, this ſort of theft is coloured under pretence of charity; as Iudas theft was; when he ſaw Mary powring a boxe of oyntment upon Chriſts head, hee ſaid, What needed this waſte, might not this have beene ſold for ſo much, and have beene given to the poore? this he ſpake (ſaith the Evangeliſt) Not becauſe hee cared for the poore, but becauſe hee was a thiefe and had the bagge, and bare what was put therein. Mar. 12.5, 6.

Theft coloured under pretence of merchandice.Thirdly, this theft is coloured under pretence of merchandice. Hoſ. 12.7. He is a merchant, and the ballance of deceit is in his hand, in the Hebrew it is, He is a Cananite, and the ballance of deceit is in his hand. He deceiveth the buyer not openly, but under the pretence of equity,A Canaanite for a deceiver. and he is called a Cananite, becauſe the Cananites were given much to deceive in buying and ſelling. So Ezek. 17.4. He cropt off the top of his young twigs, and carried it [El eretz cenagnan] to the land of Canaan, foreignthat is, he carried Zedekias to Babylon, to the land of traffique, or to the land which uſed deceit in their traffique.

VnderUnder pretence of law.Fourthly, this ſort of theft is coloured under pretence of law; ſuch was the coloured theft of Zacheus the Publican. Luc. 19.9. When hee had taken mens goods per foreign, by forged cavillations; if any man had ſpoken any thing againſt him, he accuſed them as wrongers of the law, and that he did nothing to them contrary to the law.

Theft coloured with faire pretences.Fiftly, when men colour their theft under faire pretences, ſ…ch were theſe who tooke out the ſeeling out of the houſe of God, and ſeeled their owne houſes with it. Ier. 22.14. and that it might not appeare to be the ſeeling of the houſe of God, they painted it over with Vermilion; yee ſhould have ſeene there a faire and neat p. 203houſe, but the wood was ſtollen out of the houſe of God, and handſomely painted over, that no man might know it.

Sixtly, theft is coloured,Theft coloured by deluding the ſenſes. when mens ſenſes are deluded by ſleight, and when coggers with the dice win mens money from them,Alluſion. and the Apoſtle alludeth to this, Epheſ 4.14. Bee not carried about with every wind of doctrine by the ſleight of men; foreign,foreign Luſus aleae, ipſe actus ludendi alea ſeu teſſeris. foreign caliditas, vafrities, that is, with ſuch ſleights as they uſe at dice, and this is called Stellionatus, couzenage; ſo when the ſimpler are overreached by the more crafty, this is called foreign, and he who is eaſily deceived this way is called Pothe, foreign Simplex.and therefore it is good to have the craft of the ſerpent with the ſimplicity of the dove.

In all ſort of bargaining,In bargaining the will muſt have the conſent. the will ſhould have the full conſ nt; now when the underſtanding is blinded which determineth the will, then the will cannot give the cleare and expreſſe conſent: as in violent and open theft, the ſtronger overmatcheth the weaker; So in covered theft, the crafty overreacheth the ſimpler.

Obſerve how God hath alwayes met this coloured theft;God hath puniſhed coloured theft. Iacob by coloured theft took the birth right from Eſau, but ſee how Laban payed him home againe, giving him Leah in ſtead of Rachel. So the Gibeonites by craft deceived Ioſhua, but David and Salomon made their poſterity ſervants and drudges in the houſe of God. So Iehoiachim brought his kingdome to ruine, quia commiſcuit ſe cum iſta cedro; becauſe he medled with the cedars of the houſe of God, to ſeele his owne houſe with them, Ier. 22.15. And thus the Lord, Pſal. 18.2….2 Sam. 22 27. eſt foreign ſed Pſal. 18.26. foreign cum perverſo perverteris, ſic, cretizat cum Crete…ſibus.2 Sam 22:27Ps 18:26 ſheweth himſelfe froward with the froward, and craft e with the craftie: but 2. Sam. 22.27. the letters are tranſpoſed when the ſame matter is handled, to note ſome ſingular thing in this, how the Lord changeth himſelfe to theſe ſubtill and crafty deceivers, and taketh them p. 202duplicate page p. 203duplicate page p. 204in their owne craft; the greateſt victory, that is, to kill a man with his owne ſword. David ſaid of Goliahs ſword, There is no ſword like to that. 1. Sam. 21.9.

The concluſion of this is: The Lord who abhorreth hypocriſie in our religion, lying in our ſpeech, and that a man ſhould not weare a womans apparrell; ſo doth he likewiſe abhorre and deteſt covered theft.

EXERCITAT. V. Of Vſury. Commandement. VIII.

Pſal. 15.5. He that putteth not out his money to uſury, ſhall never be mooved.

VSury is a coloured ſort of theft, and it is expreſſed by diverſe names in the Scriptures. Firſt, it is called [Neſhek] biting,foreign Morſus. foreign Serpens. and by alluſion and change of letters, it may bee called [Nahhaſh] a ſerpent.: For as Chryſoſtome marketh well upon the fift of Matthew, the money of the uſurer is the biting of the ſerpent Aſpis; for hee that is ſtung with this ſerpent, feeleth no paine for the preſent, but a certaine tickling and delight; then hee falleth in a ſleepe, and in the meane time,Simile. the venome of the ſerpent ſpreadeth it ſelfe through …is body, commeth to his heart, and ſo killeth him. So hee who borroweth money from the uſurer, thinketh …t ſweet, but it conſumeth the whole ſubſtance, and bri…geth a man to poverty,foreign it is called alſo [Tarbith] and [Marbith] multiplication, becauſe it multiplieth, and the Chaldee calleth it [Hhabbulah] perditio, becauſe it deſtroyeth a mans ſubſtance, and the Greekes call p. 205it foreign pario. Ier. 5.27. As a cage is full of birds, foreign a foreign pario.ſo are their houſes full of deceit; therefore they are waxen rich. Marke the compariſon; as the fowler ſetteth a trap to catch the birds, (which is called decipula à decipiendo) he ſcattereth a little corne to enſnare the birds, and then catcheth them in a trap: So the houſe of the uſurer draweth the poore man as to a ſnare, he ſeeth ſome hope of gaine at the firſt, like a little handfull of corne ſcattered before the birds; but in the end it proveth but a ſnare to him.

Now that we may finde out what uſury is, wee muſt doe as they who carve out Images, they cut off this and this to make it that; ſo muſt we proceed in finding out what uſury is, it is not this nor that, but it is this, and then we come to the definition of it.

Firſt,Vſury cannot be found out by the perſons who borrow, nor by things lent, nor by the law. we cannot finde it out by the perſons to whom we are forbidden to lend on uſury, as thou ſhalt not lend on uſurie to the poore of my people, or, thou ſhalt not lend upon uſury to thy brother a Iew.

Secondly, wee cannot finde it out by things lent, as thou ſhalt not lend upon uſury, money, corne or wine. Deut. 23.19. for there is uſury alſo in other bargains.

Thirdly, neither can it be found out well by the reſtraint of the law, as that is uſury which is forbidden by the law; wherefore to come by the nature of it, is to define it, and ſo we ſhall know what it is.

It may be ſaid, Ob. that the morall law bindeth all equally alike; but this law againſt uſury bindeth not all equally alike. Deut. 23.19, 20. Thou ſhalt not lend upon uſury to thy brother, unto a ſtranger thou mayſt lend; therefore it may ſeeme not to be a morall law.

By ſtranger here is meant onelyonly the Canaanite, foreign excluſo ה pro foreign extraneo iſti, id eſt, reliquis iſtis Cehananaeorum.thou mayſt lend uſury to that ſtranger; that is, to the Canaanite whom thou art to deſtroy, [Lanochre pro leanochre] Contra quem jus belli eſt, contra eum jus uſurae; and that it p. 206is not meant of every ſtranger it is cleare. Pſal. 15.5. He that putteth not out his money to uſury, the beſt interpreters of the Iewes adde, etiam Gentili.

The Iewes hard dealing with the Chriſtians, condemned.Wherefore the practiſe of the Iewes at this day, who take uſury of us Chriſtians counting us ſtrangers, is condemned by their fathers who lived long ſince; the Iewes call us Chriſtians, Edomites: Eſau was Iacobs brother, and if wee be Edomites, then they ſhould take no uſury of us, becauſe we are their brethren.

Ob. If thou lend money to any of my people, that is poore by thee, thou ſhalt not be to him as an uſurer. Exod 22.25. here it may ſeeme that they might lend unto the rich upon uſury, but not to the poore.

Anſw. The poore are called Gods people in a ſpeciall manner.The meaning of the place is, Thou ſhalt not lend upon uſury to my people, but eſpecially to the poore of my people, for God calleth the poore his people after a ſpeciall manner. Pſal. 14.4. They eate up my people as they eate bread, that is, the poore; they are his people, both becauſe they are within the covenant, as alſo in reſpect of their eſtate and condition, becauſe they are poore, the Lord taketh the protection of them.

Secondly, Thou ſhalt not lend to the poore of my people upon uſury, therefore yee may lend to the rich, this will not follow. Ye ſhall not curſe the deafe, nor put a ſtumbling block before the blinde. Levit. 10.14. therefore yee may curſe him who heareth, or yee may put a ſtumbling block before the ſeeing, this will not follow.

Againe, we cannot find out this uſury by things lent upon uſury, as money, victuals, &c. Deut. 23.19.

Ob. Firſt they ſay, pecunia non eſt lucrativa, money of it ſelfe cannot make gaine, therefore no gaine ſhould be taken …or it.

Anſw. Although money be not fertile in it ſelfe, yet by uſe & interchange it may be made fertile. Mat. 25.20. Behold I have gained five talents moe; and therefore money is p. 207called foreign vel foreign, which is put out to uſe; but when it is hid in the ground and put to no uſe; then it is pecunia foreign & otioſa, money that maketh no gaine.

Some ſay that husbandry is ſecundum naturam, Obj. merchandiſe is praeter naturam, but uſury is contra naturam.

Biting uſury is contra naturam; Anſw. but all ſort of gaine gotten by induſtrie and travell, is not contra naturam, againſt nature.

No gaine ſhould be taken for that which periſheth in the uſe, as money, corne, wine, &c. Object.

Money, corne and wine periſh in the uſe, Anſ. but this is not through the default of the lender, but the defect is in the thing which is lent, which cannot be uſed unleſſe it periſh; Non vi contractus perit, ſed ratione rei, and it periſheth in the uſe altogether to the lender: therefore the borrower is bound to the lender to make it good.

As this were great wrong to ſeeke fruit of that bread, Obj. or that wine which a man conſumeth in the uſe, ſo it is great injuſtice to ſeeke profit for that money which periſheth in the uſe.

But this cleareth not the doubt, for they ſeek no profit, Anſw. pro hoc individuo quod perit, but for the ſame in kind.

Thirdly,Vſury cannot be found out by the reſtriction of municipiall lawes. wee cannot find it out by the limitation of municipicall lawes, for they vary very much, and they rather reſtraine the abuſe of it, than they allow it; they tolerate it for the neceſſity of the people, but they reſtraine it, leſt they ſhould too farre exceed in taking uſury,Simile. and this law cannot be a fit rule to permit like to bee taken in every place; for as a Phyſitian ca…not let blood of all his patients alike, but taketh of ſome more, and ſome leſſe; So Princes deale with their ſubjects, according to their riches or poverty.

They who limitate it to the ſumme; firſt, they condemne ſimply decimam uſuram, which in the ſpace of an hundred moneths equalleth the ſumme, that is ten of p. 208the hundred;What uſury condemned. ſuch was the uſury of the Iewes. Secondly, they condemned uſuras uſurarum; It is obſerved that the beaſts which are moſt imperfect, ſuperfaetant, and they will be breeding young ones, they will have young ones in their belly, and they will have young ones ſucking them, all at once. So theſe uſurers multiply gaine upon gaine, and ſuperfaetant, which is a moſt unperfect kind of birth. So they condemne monethly uſury, Hoſea alludeth to this,Alluſion. A monethmonth ſhall devoure them wiih their portion. cap. 5.7. Ariſtophanes reporteth how the people of Greece were much troubled with this monethly uſury, and they deſired that the witch Medea might cauſe the moone to ſtand ſtill with her inchantments, that ſo ſhee might not come ſo often about in her revolutions, and they be forced to pay their monethly uſury.

What uſury the Romans allowed.The Romans allowed unciarium faenus, or centeſimam uſuram, twelve in the hundred, and this was called haereditas ex aſſe, vel centeſima, becauſe their Libra was divided in twelve parts, they might not take then Sextans, two of the whole ſumme, or Triens, three of the whole ſumme; or quadrans, four… of the whole ſumme; or quincunx, five of the whole, as Ioſeph did. Gen. 41.34. or ſemis, the halfe of the whole; or ſeptunx, the ſeaventh part of the whole; or bes, the eighth part of the whole; or dodrans, the ninth part of the whole, dempto triente; or dextans dempto ſextante, taking away two frō twelve, or deunx, dempta uncia, to take all except one part.

The law of the twelve tables forbad all uſury except unciar…m …aenus, one of twelve; and according to our reckon…ng is 8. and ⅛. Then rogaetione tribunitia ad ſemiunc…alem redacta eſt, it was reſtrained to the ſixt part of the whole; and according to the Engliſh to foure of the hundred and 1/16. and at laſt, they forbad it altogether, & poſuerunt furem condemnari duplo, faenoratorem quadruplo; they ordained that a thiefe ſhould p. 209pay two fold, but an uſurer ſhould pay foure fold.

Some Emperors have aboliſhed uſury altogether,Some Emperors have aboliſhed uſury altogether. and ſome have permitted it; Leo the Emperor diſcharged it altogether, but Anaſtaſius was glad to permit it againe, at the earneſt ſute of the people of Conſtantinople.

We have not found out as yet what this uſury is; uſury is a lending for gaine, onelyonly vi mutui, this ſort of lending is not lending at all; for lending muſt be free for a time, as a gift is ſimply free: to lend, and not freely to lend, is not to lend. A thing is attributed three manner of wayes, as they ſay in the ſchooles; univocè, analogicè, O nothing is attributed three wayes.and aequivocè; either properly, by way of analogie, or improperly. Example, this word God is attributed to God properly; to the Magiſtrate, by way of analogie. Pſal. 82.6. I ſaid ye were Gods, and to the devill improperly. 2 Cor. 4.4. In whom the God of this word hath blinded the mindes of them.

Example 2. this word Satan is properly attributed to the devill, and by way of analogie to Iudas. Iob. 6.70.Aliquid attribuitur. Vnivocé. Equivoce. Analogice. and to Peter improperly. Mark. 8.33. Get thee behind me Satan.

Example 3. This word father is ſpoken properly of the naturall father, who begetteth his child; by way of analogie it is given to Preachers. 1. Cor. 4.15. and improperly it is given to Idols: Ier. 2.27. They ſay to the ſtock thou art my father. So this word to lend, is taken properly, when a man lendeth freely, looking for no gaine. Luc. 6.35. So thou ſhalt lend unto many nations and thou ſhalt not borrow. Deut. 28.12. Secondly, by way of Analogie, as when we ſay, lend me your helping hand; a…d thirdly, aequivocè or improperly, to lend for gaine.

Againe; to lend for gaine is to ſell their charity, gratis accepiſtis, gratis date; Mat. 10.8. that which men freely receive, they ſhould freely give; as when Gehazi ſold that gift which was given freely.

p. 210Vſury what.Vſury is, to make ſimply a bargain or contract of gaine, whether the borrower have made gaine or it or not; this is exacting uſury; ſee Pſal. 109.11. Nehem. 5.7. Deut. 15.2.3.

To make a contract this way, I will have gaine ſimply for my loſſe, that is not a lawfull bargain, and that is uſury: but if it be made this wayes, I will have gaine if you make any gaine,1 foreign meum eſt meum & tuum eſt tuum. 2 foreign meum eſt meum & tuum eſt meum. 3 foreign meum eſt tuum & tuum eſt meum. 4 foreign meum eſt tuum & tuum eſt tuum. Ob. this is no uſury, for this is lawfull in ſocietate contractus; ſo if yee loſe I will loſe, this is no uſury; but ſimply to make the contract thus, I will have gaine whether ye have loſſe or gaine, this is biting uſury, 2. Cor. 8.13. I meane not that other men be eaſed and ye be burdened, but that there be an equality: and the Iewes marke that there be foure ſorts of men; the firſt are they who ſay, thine is thine, and mine is mine; ſuch are they who live onelyonly by themſelves, having no ſociety with others.

The ſecond are they, who ſay, mine is mine, and thine is mine; thoſe are robbers and oppreſſors.

The third ſort be they who ſay, mine is thine, and thine is mine, as thoſe who lend and borrow for gaine.

The fourth ſort are thoſe, who ſay, mine is thine, and thine is thine; and ſuch are true Iſraelites, who lend to their brother Looking for nothing againe, Luc. 6.35.

Exod. 21.19. If hee riſe againe and walke upon his ſtaffe, then ſhall hee that ſmote him be quit, onelyonly hee ſhall pay for his time; that is, the loſſe of his time, becauſe hee might have gai…ed ſo much in this time. Why then may not a man tal…e gaine for laying out of his money.

Anſw. The f…ult was in the ſtriker, therefore he was to pay ſo much to him whom he hurt; but if there be no fault in the …orrower, and hee have done his endeavour, if there be no gaine, the lender ought to ſeeke none from him, but if through his default there be loſſe, then hee is bound to pay to the lender.

p. 211Gregory Niſſen ſpeaking againſt the uſurers, ſaith,Gregorius Niſſen. Vſurarius neſcit laborem agrorum colendorum, mercaturam non exercet, ſed uno loco conſidens immanes domi ſuae feras nutrit, vult omnia ſibi marata, & ſin… ſatu gigni, cujus aratrum eſt calamus, ager charta; ſemenatramentum; pluvia, tempus quod illi pecuniae fructum auget occultis incrementis, falx eſt illa rei repetitio, & area eſt domus, in qua miſerorum fortunas ventilat, that is,The husbandry of the unſurer. the uſurer hath no skill to labour the ground, hee knoweth not how to play the merchant, but ſitting ſtill in one place, he nouriſheth a company of wild beaſts in his houſe, hee will have all things to grow, and to bring forth without plowing or ſowing, his plough is his pen, his inke is his ſeede, the paper is his field, and time is the latter raine which maketh his cornes to grow, and the ſicle is the exaction of his uſury, and his houſe is the barne in which he winnoweth the poore mans goods.

The Ammonites and Moabites might not enter into the congregation of the Lord,Vſurers are more injurious to the poore then the Ammonites were to the Iſraelites. even to their tenth generation, becauſe they met not the people of God wi…h bread and water, in the way when they came out of Egypt, Deut. 23.4. how ſhall theſe miſerable wretches the uſurers enter into the Lords Tabernacle, who not onelyonly withholds bread and water from the poore, the Lords people, but alſo do take from them that which ſhould ſuſtaine their life.

Theſe biting uſurers were ſo abhorred in the primitive Church, that as they condemned the uſurer himſelfe; ſo they made the Scribes who wrote t…e bonds, and alſo the witneſſes, uncapable of any be…efit; and that no teſtament or latter will, written by ſuch ſhould be valide. The houſe of the uſurer was called Domus Satanae; & they ordained that no man ſhould eate or drink with ſuch uſurers, nor fetch fire from them, and after that they were dead, that they ſhould not be buried in Chriſtian buriall.

p. 212Concluſion. 1 The concluſion of this is, Ezek. 18.13. this ſinne is matched with theft: and Verſ. 10. with adultery, and Verſ. 11. with violence, it is the daughter of oppreſſion, and ſiſter to Idolatry, and he that doth theſe things ſhall not dwell in Gods holy hill, Pſal. 15. Albeit thoſe worldlings thinke themſelves more honeſt then theeves and adulterers, yet the Lord maketh their caſe all alike.

Secondly, although the uſurer by his uſury get Concluſion. 2 wealth, yet it ſhall not continue with him, hee that by uſury and unjuſt gaine encreaſeth his ſubſtance, hee ſhall gather it for him that will pitie the poore, Prov. 28.8. and Iob ſaith, that though he (that is, the oppreſſor or uſurer) heape up ſilver as the duſt, and prepare raiment as the clay; hee may prepare it, but the juſt ſhall put it on, and the innocent ſhall divide the ſilver.

And they applyed that place, Prover. 15.27. Hee that hateth gifts ſhall live: that is, hee that taketh uſury for his money, for to take gifts is to take uſury. Pſalm. 15.5. He that putteth not out his money to uſury, nor taketh reward upon the innocent: in the Hebrew it is, that taketh not gifts freely for his money: but hee that is greedy of gaine troubleth his owne houſe; that is, brings both his houſe and poſterity to ruine, for uſury is like a canker or moth that conſumes all that a man can gaine.

p. 213EXERCITAT. VIII. Of Sacriledge. Commandement VI.

SAcriledge is coloured theft for the moſt part, under ſome pretence of law.

It is defined thus;Sacriledge what. Sacriledge is an inverting and turning of thoſe things to other uſes, which were dedicated to God and his ſervice; as when they bought and ſold in the Temple, they made it a den of theeves: ſuch was the ſacriledge of Ananias, quando intervertit aliquid, when he changed ſomething which was dedicated to a holy uſe, to his owne private uſe, Act. 5.2.

The Prophet Malachi ſpeaketh much againſt this ſinne of ſacriledge, Will a man rob God? What it is to rob God.yet ye have robed mee, Malac. 3.8. the very terme ſeemed ſo odious to the Iewes, that they ſtraight way denied, and they tell the Prophet, that they had committed no ſuch ſinne, Wherein have wee robbed thee? Great injury to rob God.the Prophet anſwered them, In tithes and offerings, as if hee ſhould ſay, doth it not content you, to withold from man his right; but ye will rob God alſo? what a ſinne is it for children to rob their parents? God is your father, and the Church is your mother, will yee be ſo unnaturall children as to rob them, God hateth wrongs againſt whomſoever they be committed. Salomon ſaith, The righteous man regardeth the life of his beaſt, Prover. 12.10. How great a wrong is it then, to offer wrong to a man, who is like to o…r ſelves? And if the Lord commanded us to helpe our enemies beaſt; much more to helpe our brother. 1. Cor. 6.6. A brother goeth to law with brother, if no injury may be offered to a brother, much leſſe to a ſuperiour, and that to a high ſuperiour: When Shimei railed againſt David, what ſaid Abiſhai: What doth this p. 214dead dogge raile againſt the King? The ſinne of ſacriledge exaggerated.let mee goe I pray thee, and cut of his neck, 2. Sam. 16.9. The injury is yet aggravated, if there come reſpectus beneficij, in reſpect of the great favour and kindeneſſe ſhowne by him to thoſe who offer him injury: but when contempt is joyned with the injury, that exaggerateth the ſinne moſt of all: when Ioſeph had feaſted his brethren, Gen. 37. and then to ſteale his cup, what great injury is this? How can wee open our mouthes in this behalfe.

But when men leave off to ſinne againſt men, and begin to wrong God himſelfe, to ſinne againſt the heavens; this is a great ſinne. Eſay. 7.13. Is it a ſmall thing that ye will weary men, but ye will weary my God alſo? he is not our inferiour, he is not our equall, but he is our ſuperiour and that in the higheſt degree; what great ſinne is it then to rob him? the Saints of God have beene of another minde, Pſalm. 116.12. What ſhall I render to God for all his benefits, and not onelyonly the Godly, but alſo the hypocrites. Mic. 66.

Queſt. But how cometh it that the Lord requireth ſuch a duty of man.

Anſw. Why the Lord required the tith of them who dwelt in Canaan.The earth is the Lords and all that is therein, Deut. 10.14. Pſalm. 24.1. And God the father gave his ſonne the ends of it for a poſſeſsion, Pſalm. 2.8. God the ſonne again ſubſtituted under the law, the Prieſts, the Levites and the poore for his deputies, and hee would have the Iewes, as his tenants and farmars, to pay a dutie in homage to him. When God gave the earth to Abraham …nd to his ſeede, hee received a tith of him in ſignu… univerſalis dominij, in token of his abſolute dominion. Pharaoh, when hee had gotten the whole land of Egypt in his hand, Ioſeph tooke a fifth part of the increaſe for him: Gen. 41.34. but God dealt more liberally with the Iewes, hee ſought but the tenth part from them, although all was his owne. So God now p. 215under the Goſpell will have men to honour him with their ſubſtance, and to give of their riches for the maintenance of his worſhip.

What was the difference betwixt things dedicated, Queſt. and ſanctified under the law; and things which now are beſtowed upon holy uſes under the Goſpell?

For the better underſtanding of this, Anſw. Difference betwixt things dedicated under the law, and things given for holy uſes under the goſpell.we muſt marke that there was a twofold dedication under the law: Firſt when they dedicate the propertie to God, but not the uſe, as their new houſes, Deut. 20.5. So Pſal. 30. in the inſcription. They did this as in dwellers in Emmanuels land, and it was a curſe to them if they dwelt not in their new houſes, they were loci ut ſic to them, (as the Schoolemen ſpeake) but our houſes are loci ut loci onelyonly. When wee dwell in our new houſes,Sanctificatio In vocativa. Conſtitutiva. wee pray to God, that hee would bleſſe us in them, but this is invocativa ſanctificatio onelyonly, and not conſtitutiva. Wee hold our houſes of him who is Lord of the whole earth; but wee hold them not of him in type, as they who dwelt in Canaan, it is not a curſe now if a man build a new houſe and dwell not in it.

The ſecond ſort of dedication was, when the Iewes reſigned to the Lord both the property and the uſe of thoſe things which they conſecrated and dedicated. As when Arauna the Iebuſite dedicated the ground for building of the Temple, when Arauna did ſeparate that part of the ground for that holy uſe, it was both dedicated and deſigned. But a man under the Goſpell; when hee giveth a plot of ground for a religious uſe, it …s not for the dedication of the ground that the Church accepteth of it, but onelyonly becauſe it is a fit peece of ground for ſuch an uſe, and the man is willing to give it.

The dedication againe under the law was ſuch,A great diff…ent betwixt the dedication of our Temples, and the Temple of Ieruſalem. that the thing dedicated might not be transferred to another uſe; the ground upon which the Temple ſtood was ſo p. 216dedicated that they might not build a temple in another place, neither for commmodity or eaſe of the people, as Ieroboam did, 1. King. 12.26. but under the Goſpell, where a place is deſigned for the worſhip of God, it may be changed to a more commodious place; it is not the dedication then that maketh it a permanent place, but a commodity onelyonly.

Ob. But it may be ſaid, that things dedicated to the Temple under the law, were changed to a civill uſe, as Goliahs ſword was given to David, and the ſhew bread to relieve his neceſſity.

Anſ. The ceremoniall dedications gave place to the ſafety of the life of man, but things deſigned now under the Goſpell;Things dedicated under the Law differed from things dedicated under the Goſpell. yeeld further, even to the eaſe and commodity of man, the Temple it ſelfe might not be changed to any other place, neither for the commodity, nor eaſe of the people, becauſe it was the maine type and wardrobe of all the ceremonies, therefore it was ſacriledge to turne it to any other uſe.

It was unlawfull to change things dedicated under the law to the ſervice of God, to any other uſe, Prov. 20.25. it is a ſnare for a man to devour that which is holy, and after vowes to enquire. Athalia tooke the pole money that was appointed for the ſervice of God, and did dedicate it to Baal.

Queſt. Whether was it a greater ſinne to robbe God under the law, or to rob him now under the Goſpell?

Anſw. In what reſpect ſacriledge is greater now then under the Law.If yee will reſpect the thing conſecrate, it was a greater ſinne to rob God under the Law, then now; but if yee wi…l reſpect them who commit the ſinne, it is a greater ſin now, becauſe men now, have greater knowledge …nder the Goſpell, than they had under the Law. Example, if a rich man ſhould ſteale but one ſheepe from a poore man, it were a greater ſinne in reſpect of the perſon, then if a poore man ſhould ſteale ten ſheepe p. 217from a rich man; but comparing one ſheepe and ten ſheepe together; it is a greater ſinne to ſteale ten ſheepe then one.

Things given to idolatrous uſes ſhould be turned to good uſes: Example,Things dedicated to Idolatrous uſes may be changed into ho y uſes. our forefathers beſtowed tithes to idolatrous uſes for the moſt part, and there were two cauſes moved them to doe this, the impulſive cauſe, and the finall cauſe; the impulſive cauſe, which moved them in time of ignorance and blindeneſſe,Cauſa Impulſiva. Finalis. to give ſome thing to the Church, was to pray for the dead, and other ſuperſtitious uſes; yet the finall cauſe was ſtill to ſerve God, as may be ſeene in their evidences and donations, which ever beare this clauſe, Deo & Eccleſiae, before they make any mention of Saint, or other ſuperſtitious uſes. The finall cauſe ceaſeth not, neither the effect, although the impulſive cauſe ceaſe, therefore thoſe things which have beene Idolatrous may be turned to holy uſes.

The temple was the houſe of prayer,How the Temple was a houſe of prayer. not onelyonly becauſe they prayed in it, but alſo becauſe the Lord promiſed to heare them for the Temples ſake, therefore it was ſacriledge in them to make this houſe a den of theeves.

The concluſion of this is,Concluſion. let us learne to honour God with our ſubſtance. Prov. 3.9. there are many now who fall downe before the Lord, but they fall not downe as the three wiſe men did, who offered gold, myrrhe, and incenſe to him, Matt. 2.11. but they are farre worſe who rob him; See the judgements that lighted upon Shiſhak king of Egypt, Athalia and Nebuchadnezzer, Antiochus, and Craſſus, for robbing the Temple of God.

p. 218EXERCITAT. VII. That every man ſhould have a lawfull calling, Commandement. VIII.

Epheſ. 4.28. Let him that ſtole ſteale no more, but rather let him worke with his hands the things that are good.

The affirmative part of this Commandement.TO preſerve men from theft and unjuſt dealing, firſt hee muſt have a calling; ſecondly, a lawfull calling; Thirdly; hee muſt be diligent in his calling; and laſtly, he muſt continue in his calling.

A man muſt get his bread with the ſweat of his brow, or with the griefe of his minde.Firſt, hee muſt have a calling; he muſt get his bread with the ſweate of his browes, or with the griefe of his minde; with the ſweat of his browes, as thoſe who labour with their hands; and with the griefe of his minde, as thoſe who rule and governe others: hee muſt either doe as the eye doth, which directeth the body; or as the hand doth, which worketh for the body. The Doctors of the Iewes had ſome callings,The Doctors of the Iewes had ſome trades. as Paul was a tent maker, and ſome of them were tanners, and bakers, and Chriſt himſelfe was a carpenter untill hee was thirty yeares of age, Mark. 6.3. Is not this the carpenter, the ſonne of Mary. The Iewes have a proverbe in the …almud, Bona eſt doctrina legis, & via terrae; they call via terrae, ſome trade, it is good to be a Doctor of the Law, and likewiſe to have ſome trade with it.

Beggers have no calling, it was in the decaying eſtate of the commonwealth of Iſrael when they were ſuffered to begge;Querere panem quid apud Hebraeos. foreign the impotent begger, foreign the ſturdy begger. the Hebrewes call this, quaerere panem, that is, to begge, Iob. 15.23. Pſalm. 37.25. bread here, doth not ſignifie all things comfortable for the p. 219life of man, but the baſeſt things for the entertainment of his life. 1 Sam. 2.5. They that were full, have hired out themſelves for bread, that is, for the meaneſt things to ſuſtaine their life,foreign Oſtiatim petentes. foreign ab foreign deſiderare, petere. and ſuch are called [Machaſir gnal hepatachim] oſtiatim petentes, Marc. 10.46. when men willingly profeſſe poverty, this is not a lawfull calling; ſuch were [ebjonim] the Ebionites, and ſuch are the begging friers.

Secondly, hee muſt have a lawfull calling. Epheſ. 4.28. Let him worke with his hands the things which are good.

Some callings are honorable in themſelves, as the miniſtrie, 1. Tim. 5.17. Secondly,Some callings are honourable in themſelves, and ſome praiſe worthy. ſome are praiſe-worthy in themſelves, but honourable onelyonly in reſpect of the end, Eccleſ. 38.1. Honora medicum propter neceſſitatem; hee is to be praiſed for the skill which hee hath, but when he cureth the body, that it may be a fit inſtrument for the ſoule, this maketh him honourable.

Thirdly, ſome are only praiſe-worthy, as foreign,Some callings praiſe worthy. thoſe who live by handy trades; when the virtuous woman ſpinneth, and maketh cloathes to her husband; then ſhe is praiſed in the the gates of the city, Prov. 30. but no calling is to be termed ſordide, or baſe, as the Moraliſts terme them.

Such callings are lawfull,callings uſed by the holy men of God are lawfull. foreign rermutare. foreign Lampas, fax taeda which the holy men of God have uſed, as Alphaeus in the ſyriacke is called hhalphus, from [hhalaph] permutare, to change; hee was foreign, numularius, a changer of money; and Iohn calleth thoſe foreign, changers of ſmall money, …oh 2.14. So Debora was the wife of Lapidoth, a lampe maker, ſo Lydia was a ſeller of purple; Ioſeph a carpenter; Simon a tanner, and Paul a tentmaker.

To deteſt any lawfull calling is a great ſinne,No lawfull calling to be deteſted. as the ſuperſtitious Egyptians, deteſted all ſheepeheards, becauſe they both kept ſheepe, and killed them, which the p. 220Egygtians honoured as their gods: and I take this to be the reaſon why it is ſaid, Gen. 39.6. That Potipher left all that hee had in Ioſephs hands, W…y Pharaoh would not ſuffer Ioſeph to touch his meat.and hee knew nought that hee had, ſave the bread which hee did eate, that is, hee would not ſuffer him to touch his meat, for he held him to be an uncleane Hebrew, becauſe hee eate the fleſh of ſheepe and oxen. So the Iewes deteſt all Phyſitians, they have a proverbe in the Talmud, Optimus inter medicos ad gehennam. To gather tribute is a thing lawfull, and yet the Iewes hated all the Publicans who gathered it: ſo they would not ſuffer a painter to dwell amongſt them: and this is the fault of moſt of our gentry, when they ſpeake of handie trades, they ſpeake baſely of them, they cannot ſuffer their children to be brought up in any ſuch trade, therefore their children when they come to age, ſay with him in the Goſpell, Digge I cannot, and to begge I am aſhamed. Luc. 16.3. therefore I will falſifie my maſters account.

Call…ngs againſt the firſt Commandement.Callings which are not lawfull to be uſed, are ſuch as are breaches of the commandements, as the man who kept the damoſell, that had the ſpirit of divination, becauſe of the gaine which ſhe made to him by her divination, Act. 16.16. So thoſe in Epheſus, who profeſſed curious arts, Act. 19.19. So the mourning women who mourned, Ier. 9.17. having no hope of the reſurrection, theſe callings were againſt the firſt Commandement.

Callings againſt the ſecond Commandement.Againſt the ſecond Commandement, to make ſilver ſhrines to Diana, Act. 19.24. So thoſe ſuperſtitious callings which the Iewes have found out, and which they ſell for money in their ſynagogues at this day, as the office of Gelilah, Buxtorfius in ſynagoga lu…a…ca, Cap. 22.to open the roll of the law, and to wrap it up againe: So the office of Hagbaach, to carry about and elevate the booke of the Law: ſo the office of Etzchaijm, p. 221to touch the pieces of the wood unto which the volume of the Law is faſtened. So the ſuperſtitious callings in the Church of Rome, all thoſe are againſt the ſecond Commandement.

Againſt the ſixt Commandement,Callings againſt the ſixt Commandement. to uſe a trade to hurt, or put out the life of man, ſuch were thoſe Sicarij, Act. 21.38. who wore Cutliſhes, onelyonly to ſtab men, and not as we doe, to defend our ſelves.

Againſt the ſeventh Commandement, to keepe a bandy houſe, Num. 25.8.Callings againſt the ſeventh Commandement. foreign Proſtibulum, Lupanar. So to live by proſtituting of their body, Thou ſhalt not bring the hire of a whore, Deut. 23.18. The Seventy tranſlate it foreign, that is, ſhe who continueth in proſtituting her body for gaine. So the calling that hath affinity with this ſinne, or can hardly be diſcharged without this ſinne, ſhould not be uſed; as for a woman to be a taverner; ſee the affinity betwixt the whore and the taverner; firſt,foreign alere. foreign Scortatus eſt. foreign. [zun] in the Hebrew is called one that ſelleth victuals, and [zanah] is called Scortari: Secondly, foreign, ſignifieth to ſell victuals, and ſcortari, ſo among the Latines, mereor ſignifieth to ſell, and meretrix, a whore, and meritoria, were the places where they ſold victuals. Rachab was called foreign, a taverner, but Iames calleth her an harlot, Iam. 2.25. Heb. 11.31.

So againſt the eight Commandement,Callings againſt the eight Commandement. the biting uſurer, a trade againſt this Commandement, and the alchymiſts, who make men beleeve that they can change braſſe or any other mettall into gold: one ſaid well of this trade, ejus initium eſt ſcire, medium ment…i, & finis m…ndicare: that the beginning of it was a deſire of knowledge, the midſt of it a lie, and the end of it is begging. Et chymia eſt caſta meretrix, & multos invitat, …eminem admittit, that Chymia is a chaſt whore, alluring many to come to her, but ſuffereth none to touch her. So foreign, or proxineta, that goeth betwixt the buyer, p. 222and the ſeller; and maketh the buyer to buy the dearer; he was called ſo, becauſe he hung out a ſigne to draw men to buy: from foreign, the ſigne of the Vintner, So foreign, was hee who ingroſſed all to his owne uſe, and carried it out of the country. For this Nahum calleth the merchants of Ninive bruchos, the kankerworme, bruchus is a kinde of locuſt which conſumeth all, and then flyeth away. Nahum. 3.16. Thirdly, foreign, which are called Dardanarij by the Latines, who keepe up the corne untill it be ſcarce, that they may ſell it at a dearer rate, hence came Dardanariae artes, Prov. 11.26. He that withholdeth corne, the people ſhall curſe him, but bleſſing ſhall be upon the head of him that ſelleth it.

Callings againſt the nineth Commandement.Againſt the ninth Commandement, are jeſters which the Greekes call foreign, or foreign, Hoſ. 7.3. They made the kings heart merry with their lies; they were called foreign, becauſe they uſed all the members of their body to make ſport.

Thirdly, men muſt be diligent in their calling, Prov. 6.6. Salomon willeth ſluggards to goe to the ant, that Provideth her meat in the ſummer, and gathereth her food in the harveſt, and moreover hee ſaith, that ſhee hath no guide, overſeer, or ruler. Salomon ſetteth downe here all ſorts of government:foreign Firſt, Katzin in ariſtocracie, and then ſhoterim in democracie, and moſhel in monarchie; the ant hath none of thoſe rulers, and yet ſhe provideth well in ſummer for the winter; the ſluggard that hath all theſe commanders, or at the leaſt liveth under ſome of them, ſhould learne to be diligent in his calling: Salomon goeth not farre off to ſeeke a maſter to teach him, but one that is ready at hand, and the baſeſt of all the creatures. …rov. 10.4. Hee becometh poore that dealeth with a ſlacke hand, but [jad hharzttim] the hand of the diligent maketh rich. foreign a foreign effodere.[hhazatz] is to digge in the ground for gold: hee that is as diligent in his calling, as a man who p. 223diggeth for gold in the earth, that man ſhall become rich, Prov. 22.29. Seeſt thou a man diligent in his calling, foreign Coram obſcuris.he ſhall ſtand before kings; non ſtabit [liphne hhaſhim,] coram obſcuris, that is, before the meaner and baſer ſort who were cloathed in ſoyled blacke.

Laſtly, men muſt continue in their calling,Men ſhould continue in their callings. and not change from one calling to another. 1. Cor. 7.20. Let every man abide in the ſame calling wherein hee was called, the Iewes give an example of one Meyr who changed his calling often: Firſt, hee was [hanechtom] a baker: againe, hee changed that calling,foreign Piſtor. foreign Calcearius. hence cometh ſandals. foreign Scriba. and hee be came [ſandalat] a ſhoe-maker: Thirdly, hee left that calling, and hee became [ſopher] a ſcribe: and laſtly, hee became [megnabhed gnoorth] a skinner; and they ſaid of this Meyir, hhalaph Meyir eth melachoth velo gnorocuſhi, Mutat Meyir artem ſuam, ſed non pellem mutat Ethiops, foreign Pellio vel qui concinnat pelles.they meant that Meyir continued ſtill a knave although he changed from one trade to another.

A man may change his calling,When a man may change his calling. firſt if the Lord call him to another calling, as when hee called Eliſha from the plough, to be a Prophet. So hee called the Apoſtles from fiſhers, to be fiſhers of men. So if they be called by the commonwealth, and have gifts for their calling, they may change their calling; but they muſt not change their calling onelyonly for gaine, as the poſterity of Eli did, who ſaid, Put me into the Prieſts office that I may eate bread, 1. Sam. 2.36. they deſired to be Prieſts onelyonly for gaine, for a peece of ſilver, and a morſell of bread.

As a man is bound to uſe a lawfull calling, and to be diligent in his calling: ſo hee muſt have a care to keepe that which hee hath gained in his lawfull calling therefore, Prov. 6.1. Salomon ſaith, If thou be ſuerty for thy friend, if thou haſt ſtricken hands with the ſtranger, thou art ſnared with the words of thy mouth, deliver thy ſelfe as a p. 224roe from the hand of the hunter [im takaguta] Si defixiſti manum tuam; foreignIf thou haſt ſtriken hand with the ſtranger, Iob. 17.3. Who is hee that will ſtrike hands for mee; that is, who will give his word for me, giving his hand for my hand; this the Greekes of old called foreign, is that part which joyneth the hand to the arme,The formes which they uſed when they became ſuerty. which wee call the wreſt; and they uſed when they gave their word for another, to give them their wreſt to be bound, whereby they ſignified, that they were bound now for him, for whom they had given their word. There is a difference betwixt vas and pr…s: The difference betwixt vas and praes.hee was properly called vas, who gave his word for him who was ready to be carried to judgement; and praes was he who gave his word for the debt; all ſort of ſuretiſhip is not condemned, but raſh ſuretiſhip; be thou not amongſt thoſe that ſtrike the hand, that is, be not thou one of thoſe who uſually ſtrike the hand. Ruben gave his word for Benjamin; and Paul gave his word for Oneſimus; Chriſt was both our praes and our vas; hee was vas preſenting himſelfe before the judge for us,All ſorts of ſu…rtiſhip not forbidden. there he gave his word for us. Pſalm. 119.122. Subarrha ſervum tuum; be ſuerty for thy ſervant: and ſo he was praes for us, paying our debt.

The concluſion of this is, He that will not worke, neither ſhould he eate, 1. Theſſ. 3.10.

p. 225EXERCITAT. VIII. Of commutative juſtice. Commandement VIII.

Levit. 19.30. Iuſt ballances, juſt weight, a juſt Epha, a juſt hin ſhall ye have; I am the Lord.

THe Lord craveth in this commandement that men exerciſe juſtice, both commutative and diſtributive.

God who made all things, pondere, numero & menſura. Wiſd. 11. hath commanded juſt dealing in weight, number▪ and meaſure, and hee addeth; I am the Lord, putting his ſubſcription to it. There are two ſorts of Magiſtrates, the one is magiſtratus loquens, Magiſtratus Loquens. Mutus.the other is magiſtratus mutus; the one a dumbe magiſtrate, the other a ſpeaking magiſtrate; the one, in fore litigioſo, the other in foro venali; that is, the one in pleading of cauſes, the other in buying and ſelling; and the commonwealth ſuffereth dammage, as well by the one as by the other. To ſubborne the Iudge and make him give out a falſe ſentence is a fearefull ſinne; ſo to falſifie meaſures. Hoſ. 12.7. He is a merchant, and the ballance of deceit is in his hand. The Lord who ſitteth amongſt the Iudges, to ſee whether they doe juſtice or not, he ſitteth alſo in this judicatorie, to ſee to matters whether they goe right or wrong.

Theſe weights and meaſures are called the Lords worke. Prov. 16.11. they are called the Lords worke, Meaſures called the Lords worke.becauſe they pleaſe him. Prov. 11.1. For a juſt weight is his delight. So Ioh. 6.29. This is the worke of God, to believe p. 226in him, that is, it is the worke of God which pleaſeth him. And marke what great care the Lord had to preſerve theſe meaſures and weights; the ſhekell was called the ſhekell of the ſanctuary. Levit. 27.25. Exod. 30.13. and after the captivity, he renued this precept concerning the ſhekell. Ezek. 45.12. that all corruption in meaſures might be taken away, becauſe it was kept in the Sanctuary; and the common ſhekell was rectified by it. So the meaſures of the foot were kept in the Capitoll amongſt the Romans, and among us; one towne hath the keeping of the ſtone, another of the peck, and another of the elne.

Meaſures naturall by inſtitution.Theſe meaſures of commutative juſtice were, firſt, naturall; ſecondly, by inſtitution; naturall were theſe, when men interchanged wares with wares, as neat for ſheepe; hence it ſeemeth when they began to ſell for money, and had found it out by inſtitution, they put the print of the beaſt firſt upon the money, as Iacob bought it for ſo much money. Gen. 33.19. but Act. 7.16. hee bought it for ſo many peeces of ſilver:foreign and this peece of money was called Keſhitah, agnus. Iob. 42.16. and the Chaldee tranſlateth it Hhurephah, or Hhurphan, as th…y of Peloponeſus ſet a ſnaile upon their money; hence was their proverbe, teſtudo ſuperabit virtutem ac ſapientiam.

By inſtitution were firſt, their meaſures, and then their money; their meaſures, their finger, the palme and the cubit: man is a compend of things both ſeene and not ſeene, and therefore whatſoever perfection is in any of them, the ſumme of it is found in him; the meaſures are taken from him as it is called cubitus viri, Meaſures taken from the body of man.Revelat. 21.17. He meaſured the wall an hundred and forty and foure cubits, according to the meaſure of a man, that is of an Angell who appeared in the likeneſſe of a man, it is not called the Kings cubit, or the common cubit, or the cubit of the Sanctuary, but a mans cubit; p. 227becauſe it was borrowed from man firſt, and the Lord alludeth to this forme. Eſay. 40.12. Who hath meaſured the waters with the hollow of his hand, and the heavens with his ſpanne: theſe were firſt meaſures of liquid and dry things, taken from the body of man.

The firſt meaſure taken from the body of man,A finger broad the firſt meaſure taken from man. foreign digitus annularis. was digitus, a finger. Ier. 52.21. The thickneſſe thereof was foure fingers. When the Prieſt meaſured the incenſe which was to be offered, he meaſured it digito annulari, with his ring finger.

The ſecond meaſure taken from the body of man was Lepach, palmus. 1. Sam. 17.4.Palmus. There came out a champion out of the campe of the Philiſtims named Goliah: whoſe height was ſixe cubits and a ſpanne, that is, he was a ſpan more then ſixe cubits: So Eſay. 48.13. My right hand hath ſpanned the heavens.

The third meaſure taken from man was the cubite, and it was of two ſorts, either cubitus communis, Cubitus Communis. Decurtatus.or cubitus decurtatus; cubitus decurtatus, or the ſhort cubit, was the halfe of the common cubite. Iudg. 3.16. Ehud made him a dagger of a cubite length, that is, halfe a cubite. Cubitus communis ſeu moſaicus, the common cubite was twenty foure fingers from the elbow to the top of the finger; the flying booke of Gods curſe was twenty cubits in length, and ten in bredth; which meaſured thoſe that were to be cut off. Zach. 5.2, 3. this is the juſt cubite. Ezek. 41.8. The reed is called a full reed of ſixe cubites, that is, a juſt reed. So Gen. 23.16. Abraham gave to Ephron full weight, that is, juſt weight, and of the cubites the reed was made up.

They builded by the line and by the reed; the line ſerved to make the wall ſtreight, if any ſtone ſtood out,The line and reed ſerved for building of the walls. the line brought them to put it in; & the reed ſerved to meaſure the length, the height, and the bredth; and Revelat. 21.15. this is called a golden reed, in reſpect of p. 228the new Ieruſalem which was from above: this reed conſiſted of ſixe cubits, and Ezekiel addeth a palme. Ezek. 40.5. And in the mans hand was a meaſuring reed of ſixe cubits and an hand bredth; the hand bredth is added here, becauſe the Angell came from Babel, and brought a reed with him from Babel which was ſhorter by a palme then the Iewes reed;Why a palme was added to the reed in Babylon. therefore hee addeth a hand bredth, to teach them that the ſecond temple ſhould bee equall in length and bredth with the firſt temple.

The line was a meaſure alſo, whereby they meaſured their ground,Al…ſion. and their buildings. David alludeth to this: Pſal. 16.6. The lines are fallen to me in pleaſant places. So Pſal. 19.4. Their line is gone out through all the earth. The line, the preaching of the goſpell came from Ieruſalem, which was the center, to the circumference, which was the whole earth.

The line of deſolation what.So when they demoliſhed houſes, they meaſured them with a line; this line is called the line of deſolation,Alluſion. and Ieremiah alludeth to this. Lament. 2.8. The Lord hath purpoſed to deſtroy the wall of the daughter of Sion, hee hath ſtretched a line. So 2. King. 21.13. I will ſtretch over Ieruſalem the line of Samaria, and the plummet of the houſe of Achab.

Weights why called the weights of the bagge.The ſtones wherewith they weighed things, were called lapides ſacculi. Prov. 16.15. All the weights of the bagge are his worke, they are called the weights of the bag, becauſe they are kept in the bagge,Alluſion. and David alludeth to this Pſ. 56.8. Thou putteſt all my teares in the bottle, that is, thou weigheſt them.

Their meaſures for their corne, was the Epha, and Chriſt requireth three properties in this meaſure. Luc, 6.38.foreign Preſſed downe, ſhaken together, and running over. Zachariah alludeth to this meaſure of the Epha. Zach. 5. Contrary to theſe properties of the Epha are the meaſures p. 229of the churle. Eſay. 32.7. The inſtruments of the churle are evill.

The ſecond meaſure by inſtitution is money, this money is called numus, Money a meaſure by inſtitution.from Numa Pompilius who coyned it firſt amongſt the Romans; or it was ſo called rather foreign, from the law, becauſe it is commanded to be coyned by the law. The benefit of this money, is firſt, to ſupply our wants, for men are not able to carry their wares ſtill about with them, therefore they contract them more compendiouſly into money, and they buy things neceſſary for themſelves with it, and this money is foreign, or fide juſſor, it giveth the word for us, and it is foreign, ſubſidium indigentia noſtrae, the aide and ſuccour of our wants, and it keepeth contracts and ſocieties amongſt men; therefore Salomon ſaith, that money anſwereth to all things. Eccleſ. 10.19.

God will have cleare dealing betwixt man and man,God will have men to deale clearely and truly in buying and ſelling. foreign tam vere ut bic dies. in buying and ſelling. Gen. 25.33. Iacob ſaid, ſweare to me this day, in the originall it is [Cajom] As truly as this day is a day, that thou wilt ſell to me thy birth right.

He will have the buyer to give the juſt price for the thing he buyeth, and hee will have him that ſelleth, to ſell ſufficient wares;foreign menſura pro menſura. foreign tranſiens inter Mercatores. this the Hebrewes call [Midda bamidda] menſura pro menſura, and the Greeks call foreign, the money muſt be ſufficient mony, [Gnobher laſſohher] currens inter mercatores, he will have it to be good and current money. Contrary to this is argentum adulterinum, carens publica approbatione, Your money is become droſſe. Eſay. 1.22.

Hee will not have the buyer to overreach the ſeller:The buyer muſt not deceive the ſeller, nor the ſeller the buyer. Prov. 20.14. It is nought, it is nought, ſaith the buyer: but when be is gone his way, then he boaſteth; neither will he have the ſeller to deceive the buyer. Amos. 8.5. The Lord objected to the Iewes that they made the ephaſmall, and the ſhekell great; they made the ſhekell great, p. 230they had a falſe ſhekell which weighed more then the common ſhekell did,How the Iewes made the Epha leſſe. and they weighed the ſhekell of the buyer by this ſhekell; and becauſe it was not equall in weight with their falſe ſhekell, therefore they cauſed them to adde ſo much more to their ſhekell, and ſo deceived the people: Likewiſe they diminiſhed the Epha when they had corne to ſell, and ſo the people were cozened both in the ſhekell and Epha.

So theſe who ſold water and wine. foreign is foreign, vitiare vinum. foreign frumentum a foreign frangere. Frangere ſitim quid apud Hebraos.As they failed in the quantity in buying and ſelling, ſo in the quality; ſometimes they ſold quiſquilias frumenti, and the refuſe of the wheat, they ſold enough in the quantity but not in the quality; the Hebrewes call wheat [Bar] from [Shabhar] frangere, becauſe it is pure and cleane ſtuffe, which is able to breake our faſt, and kill our hunger. So the Pſalmiſt ſaith, Onagri in deſert… non fregerunt ſitim. Pſal. 104.11. that is, they got no water to quench their thirſt.

Thoſe who interchange things, ſhould make the equality to be ſuch after the interchange is done, that every one of them have as much as they had before they interchanged;Ariſt. Cap. 4. lib. 5. Eth. ſub finem. ſo that neither of the parties muſt bragge of their gaine, nor complaine for their loſſe. It is nought, it is nought, ſaith the buyer: but when he is gone away, then he boaſteth. Prov. 20.14.

Ob. Then it may bee ſaid, that all ſort of merchandize is contrary to all commutative iuſtice: for the end of their merchandize is, that they may gaine ſomething.

Anſw. The Philoſopher onelyonly reſpecteth the proportion & the quality betwixt the things which men contract for; but he doth not reſpect the meaſure or midſt of that interchange, out of which gaine may ariſe according to commutative iuſtice.

Queſt. Whether may a man ſell a thing at a higher rate than it is worth.

Anſw. There muſt be an equality betwixt the thing ſold and p. 231the price,Whether things may be ſold at a higher rate than they are worth. Equality Naturall. Vſuall. and here the common eſtimation of the Magiſtrate, and the cuſtome of the countrey ſhould rule this equality of things. This equality is either naturall or uſuall: in matters of contract we reſpect not the value naturall, but we eſteeme the worth of them by the conveniencie for uſe. In nature the meaneſt living creature is more excellent than pearles or diamonds (for things living are more excellent then things without life) yet to our uſe, bread is better than a thouſand of ſuch little creatures. Secondly, the value of things is eſteemed according to the rareneſſe. 2. King 6.25. An Aſſe head was worth eighty peeces of ſilver, and the fourth part of the cab of doves guts, worth five peeces of ſilver, but when the ſiege was diſſolved. 2. King. 7.8. Two meaſures of barley were ſold for a ſhekell, and the meaſure of fine flower for a ſhekell. So when there is a great mortality, then the corne is ſold for little or nothing, becauſe there is no body to eate it. Revelat. 6.6. A meaſure of wheat for a penny, and three meaſures of barley for a penny: Rarum & pretioſum permutantur apud Hebraeos.but when the corne is ſcant, then it is ſold at a higher rate; therefore the Hebrewes put Rarum pro caro, Let thy feet be precious in thy neighbours houſe, that is, let them ſeldome come there. Prov 25.7. So 1. Sam. 3.1. And the word of the Lord was pretious in thoſe dayes, that is, rare.

Whether, Queſt. for ſelling for time may wee exceed the worth of the thing ſold or not?

There is pretium juſtificatum & limitatum, Anſw. Whether things may be ſold at a higher rate in reſpect of time. Pretium Rigidum. M…te. Mediocre.which conſiſteth within ſome reaſonable limits of juſtice, and it hath three degrees: the firſt is called rigidum & ſupremum, the ſecond is called, pium & mite, or infimum, which is the loweſt price; and the third is, mediocre vel diſcretum; and men in their common ſpeech expreſſe theſe three thus. The higheſt price, they ſay, a thing is worth ſo much if it were to bee ſold to a Turke; the loweſt price, I can ſell it no cheaper to my brother; p. 232and the middle price, I ſell it uſually thus to any man.

Queſt. Whether may a man ſelling to a day, take pretium rigidum, or not?

Anſw. The Caſuiſts anſwer, that he ſinneth not in ſo doing; becauſe there is an equality betwixt the worth and the price, at leaſt in extremity, and at the out-moſt: but if the ſeller for his forbearance take pretium augmentativum, or multiplicativum, that is augmented above the worth of the thing in extremity, this is a breach of commutative juſtice. A man may ſell for a time at a dearer rate, when he receiveth not preſent money, and David alludeth to this. Pſal. 44.12. Thou ſelleſt thy people, & non multiplicaſti pretium noſtrum, that is, thou dealeſt not with us as other merchants doe, when they ſell their wares, they ſell at a higher rate; becauſe they get not preſent money; but wee ſeeme to be baſe in thine eyes, that thou ſelleſt us away for nothing.

Wretches wiſh dearth.Theſe are wretched people which wiſh a dearth when it is cheape. Amos. 8.5. When will the new moone bee gone that we may ſell corne? and the Sabbath, that we may ſet forth wheat? foreign Annus ſepcimus. foreign Aediles ceriales.By Sabbath here is meant the Sabbath of the ſeaventh yeare, called Shemittah, for when the land reſted the ſeaventh yere, the poore got that which the earth brought foorth of its owne accord without any labour; and then they needed not to buy corne from the rich: Therefore they wiſhed that this Sabbath were paſt, that they might ſell at a dearer rate.

Thoſe who ruled the market amongſt the Hebrewes, and moderated the price of the corne, were called Shabharim; becauſe they brake the hunger of the people, and they were called by the Greekes foreign, they who ruled the market, and foreign, who meaſured out the corne, foreign, over-ſeers, and foreign, inſpectores, and the Latines called them, Aediles Ceriales, the over-ſeers of the corne.

p. 233The Lord ſaith, Deut. 15.9. Beware that there be not a thought in thy wicked heart, ſaying, the ſeventh yeare the yeare of reſt is at hand, and thine eye be evill againſt thy poore brother, and thou give him nothing: obſerve how the rich wretches hated the ſeventh yeare, if it were preſent, they ſaid, would to God it were gone that wee might ſell at a high rate, and if it were neere at hand, then they would give their poore brother nothing to relieve him, for they knew that in this ſeventh yeare, the land would fall to the owner againe, and ſo they ſhould have made little gaine: and if it was long to the ſeventh yeare, then they would have given him money for his land, having no reſpect to their poore brother, but to themſelves.

Now let us ſee what things cannot be ſold or bought.Things that cannot be ſold.

Firſt, it was not lawfull to ſell men, Ioel. 3.3.foreign, Hominum venditor. They gave a boy for a harlot, and a girle for wine; Deut. 21.14. Thou ſhalt not ſell her at all, for money; thou ſhalt not make merchandiſe of her. And Amos 2.6.Not lawfull to ſell men. They bought the poore for ſilver, and the needy for a paire of ſhoes.

Secondly, it is not lawfull to ſell blood, Num. 35.32.Not to ſell blood. Ye ſhall take no ſatisfaction for the life of a murtherer, which is guilty of death, but hee ſhall be ſurely put to death.

Thirdly, to ſell chaſtity, Deut. 23.18.Not to ſell chaſtity. Thou ſhalt not bring the hire of a whore, nor the price of a dogge into the houſe of the Lord thy God.

Fourthly, it is not lawfull to ſell juſtice,Not to ſell juſtice. this was Felix fault who hoped that money ſhould have beene given him of Paul, that hee might looſe him, Act. 24.26.

Whether is it lawfull to buy and ſell the right of buriall or not? Queſt.

p. 234Whether the right of buriall may be ſold.The Canoniſts anſwer, that buriall is made a holy place by conſecration and benediction, and therefore they hold it ſimonie to ſell buriall; but no place of it ſelfe can be made holy under the Goſpell; the bodies of the ſaints lying there make the place more to be reſpected, but not for the place it ſelfe; when wee meete in our Churches, the places of themſelves are not holy, but the people of God who meete in the thoſe Churches; ſo the buriall places are not holy in themſelves, but the bodies of the ſaints buried there; Abraham bought a buriall place, Gen. 23.4.

Fiftly, the ſoules of men fall not under this commutative juſtice,The ſoules of men cannot be ſold. for there is no foreign, or Compenſatio animae, Matt. 16.26. What ſhall a man give in exchange for his ſoule. Revelat. 18.13. Rome is ſaid to ſell men, as heatheniſh Rome of old ſold ſlaves: ſo doth popiſh Rome ſell the ſoules of men. 2. Pet. 2.3. Through covetouſneſſe they with fained words make marchandiſe of you.

Things that were types of Chriſt might not be ſold.Sixtly, it was not lawfull to ſell thoſe things which were types of Chriſt and his grace: Eſau ſold his birth right, Gen. 25.34. and the Prieſthood which belonged to the firſt borne; and his ſmelling cloathes, as Iſiodore ſaith, were veſtes ſacerdotales, his prieſtly garments

Ob. It may be ſaid, that Iacob ſinned becauſe he would not give the red pottage to his brother Eſau when hee was hungry, but onelyonly under this condition, that he ſhould ſell him the birth right. Secondly, that for ſuch a ſmall thing he ſought ſo rich an inheritance.

Anſw. Whether Iacob ſinned in reſolving to give Eſau the pottage.If Iacob had ſeen his brother Eſau in extreme neceſſity & then to have refuſed to give him this pottage, this had beene a great ſin in him: but it was rather intemperance that moved him to ſeeke this pottage then neceſſity, what neceſſity could urge him, was there not plenty enough in his fathers houſe? and he urged it upon p. 235his brother Iacob, faining that hee would die if hee got not that pottage.

And where it was alledged, that this was too ſmall a price for a thing of ſuch great worth; it may be anſwered, that the right partained to Iacob already, and hee needed not to have given him any thing for it.

How could Iacob buy it ſafely, Queſt. ſeing Eſau could not ſell it.

A man may buy that ſafely, Anſw. A man may lawfully buy that which another cannot ſell.which another cannot ſell, Prov. 13.23. Buy the truth, but ſell it not: and ſervants may give their goods juſtly to rigid maſters, which they cannot juſtly exact.

So to ſell that ointment which was poured upon Chriſts head, Matt. 26.12. Theſe cannot be given for gold, neither ſhall ſilver be weighed for the price of them, Iob. 28.15, 16.

Seventhly,Not to ſell the gifts of the holy Ghoſt. it is not lawfull to ſell the gifts of the holy Ghoſt, as Gehezi would have ſold them; 1. King. 5. and Simon Magus would have bought them, Act. 8.19.20.

But the greateſt ſinne of all is, to ſell Chriſt himſelfe, as Iudas ſold him for thirtie pieces of ſilver,A great ſinne, and bad merchandiſe to ſell Chriſt. Matt. 26.15. this was bad merchandiſe, ſaith Saint Auſtin, Iudas ſold his ſalvation, and the Scribes and Phariſes bought their damnation. The price which Iudas got, he threw it backe to the Scribes; and Chriſt whom they bought, and encloſed in the grave roſe againe, and they loſt him, ſo neither of the two gained in this bargan.Concluſion.

The concluſion of this is, the Lord curſed the Cananite who had the balance of deceit in his hand; Hoſ. 12.7. and the flying booke of Gods curſe lighted upon the theefe, Zach. 5.3. therefore let men learne to deale uprightly and juſtly in their bargains, or elſe the curſe of God will light upon them.

p. 236EXERCITAT. IX. Of distributive juſtice. Commandement. VIII.

Pſalm. 41.1. Bleſſed is hee that conſidereth wiſely of the poore.

HE that would conſider wiſely of the poore, muſt conſider firſt what right hee hath to that which he giveth to the poore: Secondly, that hee muſt give of his owne to the poore, and not of other mens: thirdly, the manner how hee muſt give, from his heart, in what order, and with what wiſedome: Fourthly, to whom? to the poore.

Ius Civile. Spirituale.Firſt, hee muſt conſider what right hee hath to that which hee giveth: a man hath a double right to a thing, a civill right, and a ſpirituall right, God the father gave Ieſus Chriſt his ſonne the uttermoſt parts of the earth for a poſſeſſion, Pſalm. 2.8. yet hee would not have the Temple dedicated unto him,Chriſt bought the civill right of things. untill David bought it from Arauna the Iebuſite for fiftie ſhekels of ſilver, 2. Sam. 24.24. that he might have the civill right alſo. So hee bought theſe things which hee had need of againſt the feaſt, that he might have a civill right. The Apoſtle toucheth both thoſe rights, 1. Cor. 10.25. Whatſoever is ſold in the ſhambles, that eate, asking no queſtion for conſcience ſake. Eate whatſoever is ſold in the ſhambles; that is, eate it when yee buy it with your money, this is civill right. For conſcience ſake; here is the ſpirituall right. Tit. 1.15. To the cleane all things are cleane, this is the ſpirituall right.

p. 237Some hold that a wicked and unregenerate man can have no right to a thing, becauſe man was made to the image of God, and having loſt that image, hee hath loſt that dominion,Iohannes Gerſhon de poteſtate Eccleſiaſtica, conſideratione, 31. and right which he had to the creatures. And as traitors when they commit treaſon their lands are forefeited; ſo wicked men by the fall have loſt their right to the creatures, and Eſay. 60.12. The nations and kings that will not ſerve thee, ſhall periſh, and that the children of God have all the right to things temporall which the wicked have.The wicked have not a ſpirituall right to the creatures, but they have a civill right.

But theſe places ſhow onelyonly, that the wicked have loſt all ſpirituall right to the creatures, but they have not loſt their civill dominion and right: Nabuchadnezzer was an idolatrous and a wicked king, yet the Lord ſaith, I have given all theſe lands into the hands of Nebuchadnezzer the king of Babylon, my ſervant, and the beaſts of the fields have I given him alſo, to ſerve him, Ierem. 27.6. He permitted him not onelyonly to take them, but hee gave them to him. So Ezek. 29.20. I have given him the land of Egypt for his labour. So Dan. 2.37. Thou o king art a king of kings: for the God of heaven hath given thee a kingdome, power, ſtrength and glory. So to Cyrus an infidell, the Lord gave the treaſures of darkeneſſe, and hidden riches of ſecret places, Eſay, 45.3. And Chriſt himſelfe confirmeth this, when hee biddeth give tribute to Ceſar, although he was an infidell, Matt. 22.21.The ground of the civill right is reaſon. and he ſaid to Pilate, Iohn. 19.11. Thou couldeſt have no power at all againſt me, except it were given thee from above: wherefore ſin depriveth not wicked men of their civill right to the creatures, the ground of the civill right is reaſon which is in man,The ground of the ſpirituall right is holineſſe. becauſe hee is a reaſonable creature to command and rule: the ground of the ſpirituall right is, becauſe he is a holy creature, and as ſin taketh not away the life of man, ſo it taketh not away his civill poſſeſſions, and as the Lord Matt. 5.45. Maketh his Sun p. 238to riſe upon the evill and on the good: ſo hee beſtoweth this civill right, as well on the evill as on the good, the wicked have this civill right to the creatures, therefore they may diſtribute them to others.

A man muſt give that which is his owne.Secondly, hee muſt give that which is his owne to the poore, and not that which pertaineth to others; Breake thy bread to the poore, Eſay, 58.7. So Iob. 31.20. If he were not warmed with the fleece of my ſheepe; a man may not rob and ſteale, and give that to the poore, for that were an abomination to the Lord. The Lord that will not have the price of a whore offered unto him, Deut. 23.18. Farre leſſe will hee have that which is gotten by rapine given to the poore, and therefore alme… in the Hebrew,foreign iuſtitia Eleemoſyna. and Syriack tongue is called [tzedecah] juſtitia, Matt. 6.1. When thou doeſt thine almes, in the Syriack it is, When thou doeſt thy juſtice: to teach us, that almes ſhould not be of things gotten by deceit, rapine, or wrong.

Make to your ſelves friends of the mannon of unrighteouſneſſe, Ob. Luc. 16.9. then it may ſeeme that wee may give almes of that which was unjuſtly gotten.

Anſw. Why called mammon of unrighteouſteſſe.It is called mammon of unrighteouſneſſe, not becauſe it is unjuſtly gotten, but becauſe it is oftentimes the cauſe of injuſtice, for when men are rich they take occaſion to do wrong. Secondly, it may be called mammon of unrighteouſneſſe, not becauſe it is unjuſtly gotten, but becauſe it is unjuſtly withholden from the poore in their neceſſity.

The manner of giving to the poore.The third thing to be conſidered in giving to the poore is the manner, and here foure things muſt concurre; firſt the pitty of the heart; ſecondly, the underſtanding of the heart; thirdly, diſcretion or wiſedome in giving; and fourthly, in ſingleneſſe of the heart. Firſt, it muſt be given with hearty affection;Almes muſt be given with compaſſion. Eſay, 58.10. Draw out thy ſoule to the hungry. 1. Ioh. 3.17. But whoſoever p. 239hath this worlds goods, and ſeeth his brother hath need, and ſhutteth up his bowels of compaſſion from him, how dwelleth the love of God in him? Wee ſhould give our …almes with ſuch an affection and compaſſion as the mother carrieth to her young child, therefore foreign, cometh from foreign miſereor; if the compaſſion of the heart goe not firſt, the Lord counteth nothing of the …almes, Prov. 22.9. Hee that hath a bountifull eye ſhall be bleſſed: for hee giveth of his bread to the poore: here the pity of his heart is expreſſed by his eye: as a covetous heart is expreſſed by an evill eye, Prov. 23.6. So 30.25. Did I not weepe for him that was in trouble, and was not my ſoule grieved for the poore: it is a more eaſie matter to to give the almes to the poore, than to be affected in heart for their wants. It is an heatheniſh ſentence of ſome who ſay, miſeratio eſt aliena ſapienti, Lipſius.ut imbecilli malique oculi nota eſt lippire, ad conſpectum lippientis: ſic animi, dolore viſo, dolere, as it is a note of a weake eye,Men ſhould be affected with the griefe of others. to water when it beholdeth a ſore eye, ſo it is a note of a weake minde to be affect and grieved with other mens miſeries; Who is weake (ſaith Paul) and I am not weake, 2. Cor. 11.25. I am as much touched with other mens wants as if I wanted my ſelfe. Amos. 6.6. Woe to them that drinke wine in bowles, foreign Doloris exp…rs.and annoint themſelves with the chiefe ointment, but they are not grieved for the affliction of Ioſeph. He is called foreign, who is not moved with other mens griefe, he is called foreign and foreign, who hath a fellow feeling of his brethrens want, and he is called foreign, who is not moved with their wants: but foreign, is worſt of all, to delite and reioice at other mens miſeries, as Ioſephs brethren when they had caſt him into the pit, They ſat downe to eate bread, and to be mirry, Gen. 37.25.A great ſinne to reioice at the calamitie of Gods children. the Lord denounced a great Iudgement againſt the Ammonites, when they rejoyced at the Iewes, and the ſanctuary p. 240when it was prophained, Ier. 25.6. Thus ſaith the Lord, becauſe thou haſt clapped thine hands, and ſtamped with the feete, and rejoyced in heart with all deſpite againſt the land of Iſrael, behold therefore I will ſtretch out mine hand upon thee, and I will deliver thee for a ſpoile to the Heathen, and will cut thee off from the people, and I will cauſe the to periſh out of the country.

No man exempted from giving the almes of the heart.The ſpeciall almes is the almes of the heart, therefore none are exempted from giving of almes, no not the pooreſt that is, becauſe they may have a pittifull heart, Charitas de ſacculo non erogatur; the widowes mite was more acceptable then all the rich offerings of the Phariſees.

Secondly, hee muſt give it with the underſtanding of the heart.

Things which men enjoy are of three ſorts.Things which men enjoy, are either neceſſary, profitable, delightfull or ſuperfluous; In things neceſſary, wee muſt firſt ſerve our ſelves, and then our brethren: there is a twofold neceſſity, the firſt is an abſolute neceſſity, this is called neceſsitas vitae; there is another neceſſity ad ſtatum & conditionem, for our condition and eſtate; wee are not bound to give that which is neceſſary for the entertainment of our life, to helpe our neighbour; but onelyonly that which is neceſſary for us to live decently in that condition of life wherein we are placed. It was an extraordinary caſe then, when the widdow of Sarepta having but a little meale and oyle to helpe her neceſſity and her child, yet ſerved the Prophet firſt.

Things profitable for us ſhould be given to helpe our neighbours nececeſſity.Secondly, that which is profitable to mee ſhould ſerve for my neighbours neceſſity: Hee that hath two coats, let him impart to him that hath none, Luc. 3.11. hee ſaith not, hee that hath one coat let him give it to him that hath none, for that ſerveth for his neceſſity.

Ob. 2. Cor. 8.14. That your abundance may be a ſupply for p. 241their want; here it may ſeeme that we are onelyonly to ſupply our neighbours neceſſity with our abundance, and not with thoſe things which are neceſſary for our condition and eſtate.

By abundance here is not meant ſuperfluity, Anſw. What meant by abundance.but ſuch things as the Corinthians might ſpare well; and it is called abundance in reſpect of the poore eſtate of the ſaints, who were in Ieruſalem at that time.

Thirdly, that which is delectable for mee,Things delectable for us ſhould ſerve our neighbours utility. ſhould ſerve for my neighbours utility, and they give this example of it; In Iſrael they uſed to anoynt their faces with oyle to make them ſhine; & they uſed to annoynt their feet to make them the more fit for their journey; and they ſay, that a man was bound to ſpare the oyle wherewith he was to annoynt his face, for his neighbour to annoynt his feet for profitable journey; and if wee are to part with things delectable for our neighbours utilitie, much more are we bound to part with them for our neighbours neceſſity. Example, Luc. 10. the oyle and the wine which the Samaritan had to ſerve him in his journey; yet hee tooke them and poured them into the wounds of his poore neighbour; hee tooke that which was profitable to him in his journey, and ſupplied his neighbours neceſſity.

Laſtly,Our ſuperfluitie ſhould give place to our neighbours delight. ſuperfluity ſhould give place to our neighbours delight, but this is the miſery, that the rich glutton out of his ſuperfluitie will not beſtow his crummes to ſupply Lazarus neceſſity. Luc. 16.

Thirdly,Men ſhould give to the poore with wiſedome. it muſt bee given with the wiſedome of the heart, the modeſt receiver is aſhamed often times to take, therefore there is wiſedome required to faſten any thing and urge it upon him. And as we ſhould not ſhame theſe who have not. 1. Cor. 11.22. So wiſedome will teach a man ſo to give to the children of God, that they be not aſhamed in receiving it. An example of this we p. 242have in Boaz, who conſidered wiſely of the eſtate of Ruth, Boaz judged wiſely of Ruth.knowing that her religion had taught her ſhamefaſtnes, and that ſhee was loath to bee chargeable to others, although ſhe was poore; therefore hee willed his ſervants to ſuffer her to gleane in the field: next he biddeth her come and eat with him; and thirdly, hee commanded his ſervants to let ſome more fall of purpoſe to her, then they uſed to doe, Ruth. 2. See how wiſely hee judged of the poore. Eſay. 58.7. Bring the poore which are caſt out of thine houſe. foreign vim attulit. foreign.and 2. King. 4.8 The widow conſtrained him to eate bread, [Hhaſak] vim attulit, the Seventy tranſlate it, foreign, it ſignifieth not a bare invitation, but an enquiring, enviting, and compelling. So did the Diſciples to Chriſt, Luc. 24.29. and it is great wiſedome to doe ſo, for there is ſuch modeſtie in the children of God, that they excuſe themſelves being loath to bee troubleſome; therefore the inviter ſhould bee more earneſt with them. Arceſilaus viſiting Apelles Chius, Simile.and knowing his poverty, and how unwilling he would have be…ne to have taken any thing from him; ſitting by him as he was lying in his bed, ſaid unto him, incommode cubas, and lifting up his pillow ſecretly, hee conveyed a purſe of money under his head, which money when the old woman who attended him did find, he ſaid Arceſilai hoc furtum eſt, this is Arceſilaus theft; there is great dexterity required in giving to ſome.

Almes to be given in ſimplicity.Fourthly, hee muſt give it in the ſimplicity of his heart: Rom. 4.8. He that giveth, let him doe it with ſimplicity. It muſt not bee given with oſtentation, as the Phariſees gave their almes with the ſound of a trumpet. Mat. 6.2. The Iewes write that the Corban which was in the temple of Ieruſalem, had this proverbe written about it, The gift given in ſecret pacifieth wrath. Prov. 21.14. to teach them to give that which they gave, ſecretly, and to make no vain ſhew when they put it in the treaſury, p. 243& not to let their left hand know what their right hand doth.

The fourth thing to bee conſidered is,A twofold uſe of our goods. to whom it ſhould be given? to the poore; Bleſſed is he that conſidereth wiſely of the poore. A man muſt have a double uſe of his goods, not onelyonly to entertaine himſelfe and his family, but alſo to give to the poore; when a man provideth onelyonly for himſelfe and his, this is but a ſowing to the fleſh. Galat. 6.8. hee is worſe then an infidell that will not doe this 1. Tim. 5.8. but hee muſt give unto the poore, and this is a ſowing to the ſpirit. The Iewes were to leave the corners of the fields to the poore.The corners of the fields and the gleanings left to the poore. Levit. 19.19. and the gleanings of their fields; the corner was that which they left growing in the field, and the gleaning was that which fell away in the reaping; and ſo of their olives. Deut. 24.19. and as the maſter of the family was to give the firſt fruits to the Prieſts, and the tithe to the Levits; and to carry the ſecond tithe to Ieruſalem to be eaten before the Lord; So he was to leave theſe gleanings, and the corners of the field to the poore as an almes; if there were many poore they added the more, and if they did ſow little and reap much according to the bleſſings of God, they added the more; and the meaſure of their corner, was the ſixth part, as the Iewes ſay. When men make themſelves friends of the mammon of unrighteouſneſſe, that they may receive them into eternall tabernacles,How men make them friends of riches. this was called by the fathers traiectitia pecunia: for the merchants when they goe beyond ſea take not their money with them for feare of robbing,Simile. but take their bill of exchange with them, and their money meeteth them in a ſtrange countrey: So the children of God give out their money here unto the poore, and caſt their bread upon the water. Eccleſ. 7.1. and they take Gods bill of exchange for it, and after many dayes they find it, when it meeteth them in the life to come.

p. 244It ſhould bee given to the poore, Breake thy bread to the hungry. Eſay. 48.7. A man in his neceſſity is Lord of thy goods. Prov. 3.27. therefore thou canſt not withhold them from him.

To what poore wee muſt give. foreign tremuit, defecit.The poore to whom we muſt give, are firſt, the weak poore, [Vmatah jado] if his hand faile or tremble. Levit. 25.35.

Secondly, if he be one of our owne poore: Deut. 15.7. If there be among you a poore man of one of thy brethren, within any of thy gates in the land which the Lord thy God giveth thee; Thou ſhalt not harden thy heart, nor ſhut thine hand upon thy poore brother.

Laſtly, if he bee one of the poore Saints, and one of the houſhold of ſaith,Thoſe things which are giuen to the poore are called in the ſcriptures, ſomtimes Eleemoſyna & iuſtitia Mat. 6.1. & foreign, 1. Cor. 16.1 & foreign, 1. Cor. 16.3. & foreign, 1. Cor. 16 15. & foreign benedictio, 2. Cor. 9.5. & foreign ſemen, 2. Cor. 9.10. & foreign miniſterium vel ſacrificium. 2. Cor. 9.12.Matt 6:11 Cor 16:11 Cor 16:31 Cor 16:152 Cor 9:52 Cor 9:102 Cor 9:12 and thou give him in that reſpect, thou judgeſt wiſely of the poore, then thou ſhalt be partaker of their prayers, and thou ſhalt loſe nothing. The Apoſtle to perſwade the Corinthians to helpe the Saints at Ieruſalem in their neceſſity; ſaith; 2. Cor. 8.15. that hee that had gathered much had nothing over, and hee that had gathered little had no lacke. God brought things to ſuch an equality amongſt the Iewes, that although they gathered more Manna, yet they had nothing over the Homer, and they that gathered leſſe, yet their Homer was full; there were many miracles in this Manna, and this was one. So the Apoſtle to bring an equality in the Church, when the Corinthians in their abundance did helpe thoſe in Ieruſalem, they ſhall have their homer full, and ſufficient to content them; and the poore ſaints in Ieruſalem, although they gathered little, yet they ſhall have no lacke; for that which the Corinthians beſtow upon them will fill their homer; and they againe with their prayers will ſupply that to the Corinthians which they beſtowed upon them; and ſo both they and the Corinthians ſhall bee brought to an equality, that none of them ſhall want.

p. 245So they conſider wiſely of the poore who make foreign, places to bring up poore infants, and foreign,foreign Domus miſericordiae. hoſpitals for the poore, theſe the Hebrewes call [Beth Hheſdah] domus miſericordiae, the houſe of mercy.

They of Crete are commended moſt for their hoſpitalitie; they had two ſorts of hoſpitalitie, firſt, foreign,The hoſpitality of the Cretians. where the ſtrangers dined; and foreign, the houſe where they ſlept, and hee who entertained thoſe, was called foreign, he gave them ſalt and bread in fignum amicitiae; and from this, the Greeke fathers in the Primitive Church called the Preacher foreign,Preachers why called foreign. becauſe he giveth the bread of life to men here, as ſtrangers and Pilgrims upon the earth.

Contrary to this is inhumanitie, not to receive ſtrangers; ſuch were the Samaritans, who would not receive the Apoſtles; but the greateſt barbaritie of all is to kill ſtrangers, as the Carthaginians did; ſo Buſiris, this is called foreign, the killing of gueſts.

Miſerable niggards who give nothing to the poore have not the right uſe of their owne bread.Niggardly wretches have not the uſe of their owne goods. Achab caſt himſelfe upon his bed, and could not eat his bread becauſe he could not get Naboths vineyard; theſe wretches have neither the right uſe of their goods for themſelves nor for others. The Prophet Zacharie calleth great men the oakes of Baſan. Cap. 11.2.Why great men called oakes. Why are they called the oakes of Baſan? becauſe the oake tree bringeth forth no fruit, but that which feedeth hogges; ſo great men doe nothing for the moſt part with their riches, but feed horſes and dogges; but poore Lazarus ſterveth at the gate. Luc. 15. Ambroſe ſaid, Panem poſtulat pauper & equus mordet aurum, that is, the poore beggeth a peece of bread onelyonly, but the horſe as it were eateth gold.

The concluſion of this is: 1. Ioh. 3.17. Whoſoever Concluſion. 1 hath this worlds good, and ſeeth that his brother hath need, and ſhutteth up the bowels of compaſſion upon him, p. 246how dwelleth the love of God in him?

Concluſion. 2 They who give their almes to be ſeene of men, loſe their reward with God; and they lay up their …eaſure in the tongues and eyes of men, which is a cheſt, having neither locke nor key to keepe it.

EXERCITAT. X. Of Reſtitution. Commandement. VIII.

Luc. 19.8. And Zacheus ſtood up and ſaid unto the Lord, behold, the halfe of my goods I give to the poore, &c. and I reſtore him foure fold.

REſtitution is a part of diſtributive juſtice. The chiefe intention of the law-giver is, that no man ſhould defraud his neighbour, but if he hath taken any thing from him by fraud or oppreſſion, then hee ſetteth downe the way how hee may be recompenſed by making reſtitution.

In reſtitution conſider theſe points: Firſt, what it is; Secondly, what is to be reſtored; Thirdly, how much is to bee reſtored; Fourthly, to whom it is made; Laſtly, when it is to be reſtored.

Reſtitution what.Reſtitution is defined after this manner, it is a ſpeciall act of diſtributive juſtice, by the which a man is bound to reſtore to another that which is his, by the law of equity, formally, or vertually.

Who is bound to make reſtitution.He is bound to make reſtitution, who withholds another mans goods: The law of God bindeth him to make reſtitution, although hee be bound by no humane contract; p. 247Zacheus was obliged here to make reſtitution, although there was no humane law nor contract that did bind him; the law of God bindeth the deceiver to make reſtitution to the party whom he hath hurt, before ever the law of the Iudge bind him; and the puniſhment inſtituted by the Iudge freeth him not, from that which he oweth to the party, unleſſe the thing adjudged be given to the party; and as he who ſatisfieth & defrayeth one debt, doth not ſatisfie for another: So when he hath ſatisfied the Iudge, he remaineth ſtill debtor to the party.

Secondly, what is to be reſtored:A difference betwixt reſtitution and ſatisfaction. Here we muſt put a difference betwixt reſtitution & ſatisfaction; in wrongs and injuries done to our neighbour, properly we make ſatisfaction, but not reſtitution; but in things ſtollen and taken away, we make reſtitution.

Firſt, if a man hath damnified his neighbour in his ſoule, hee muſt make ſatisfaction to him after this manner; Firſt, hee muſt confeſſe his errour to him; againe, he muſt ſet downe his retractation; Thirdly, he ſhould pray earneſtly to the Lord for him, that hee would reclaime him from his errour; confeſſion, retractation,In damnifying our neighbour, wee muſt make confeſſion, reſtitution, and ſatisfaction. and interceſſion is all that is required of him, to repaire the hurt that is done to his neighbours ſoule.

Secondly, for defamation;What reſtitution was to be made in damnifying a man or womans name. If a man had ſlandered a woman in Iſrael, and raiſed an evill report upon her after he had married her, and had not found her a maid; and if the ſignes of her virginity proved otherwayes, then the elders of the citie were bound to take the man, and to whip him, and beſides he was to pay an hundred ſhekels to her father, becauſe hee had defamed her. Deut. 22.16. If a man againe had layen with a maide that was not betrothed, then he was bound to pay fifty ſhekells to her father, and likewiſe hee was bound to marry her, and not put her away. If a man ſlander his p. 248neighbour and raiſe an evill report upon him; hee is to confeſſe publickly the wrong that he had done to him, and make a recantation of all that he hath ſpoken, for the wrong which he hath done to his neighbour.

Obj. If it be ſaid that a man is more bound to have a regard to his owne good name, then to his neighbours; and when hee maketh a recantation this wayes publickly, he ſtaineth his owne good name to free his neighbour.

Anſw. A man is to reſpect his owne good name before his neighbours.He is to preferre his owne good name to the good name of his neighbour, if he and his neighbour be in an equall caſe; but in this caſe the ſlanderer hath loſt his good name, and poſſeſſeth it unjuſtly; but the good name juſtly belongeth to him who is ſlandered and defamed; and by all law conditio poſſidentis eſt potior, hee that is in poſſeſſion hath the beſt right.

A foure fold reſtitution, in curing, ceſſation, ſhame, and ſmart.If hee had done wrong to his neighbours perſon and hurt him, then he was bound to give him curationem & ceſſationem. Exod. 21.19. that is, to ſatisfie the Chirurgian for curing of him, and to give him ſo much as hee might have gained all the time; and the Iewes adde, that he was to pay beſides for his ſhame, and for his ſmart. If a man had hurt a ſlave in Iſrael, whom ſatisfied he for curing of him? the Chirurgian; whom ſatisfied hee for his ceſſation? his maſter, becauſe hee wrought to him; whom ſatisfied he for his paine? himſelfe; whom ſatisfied hee for his credit? no body; becauſe hee was but a ſlave and capable of no credit.A difference betwixt the reſtitution to a free man in Iſrael, and a ſlave and a woman. If a man had hurt a free man in Iſrael, he ſatisfied the Chirurgian for this curing, and he ſatisfied himſelfe for three things; for his ſhame, for his paine, and for his ceſſation. If a man had hurt the wife of an Iſraelite, he ſatisfied the Chirurgian for curing of her, hee ſatisfied her husband for her ceſſation, he ſatisfied herſelfe for her paine, and for her ſhame: he ſatisfied a part to her husband, and a part to her ſelfe, becauſe p. 249it tended to the diſcredit of them both: but the civill law ſaid, Homo liber nullae pretio eſtimari poteſt, Iuxta g…oſſam, qua quaeſt. ſi quis ff. ad l.hee that hurteth a free man, by the law he is bound Ad ceſſationem & curationem; but if hee hath made any deformity or ſcarre in his body, hee could make no ſatiſfaction for that, Corpus enim liberum nullam recipit aeſtimationem, ſaith the Law. But if a man ſhould make a ſtarre or a blemiſh in a ſlave, there may be a recomtaken for that, for as there is a great difference to hurt man in his face, and to hurt him in the foote, ſo there is as great a difference betwixt a free man and a ſlave, and therefore the Greekes call ſlaves foreign, their maſters feet.

As ſatisfaction is to be made for wrongs done,A threefold reſtitution in things ſtolne. ſo is reſtitution for things ſtolne or taken away by fraud, and here reſtitution is made, when it is idem numero, ſpecie, vel aequivalens.

Firſt, hee is to reſtore idem numero, the ſelfe ſame thing, if it be extant, and not periſhed, and if it be worſe he is bound to make it good, and if it be not extant, then to reſtore it idem ſpecie, and if that will not ſatisfie, hee is bound to give aequivalens, the worth of the thing.Lands within preſcription, the lands are to be reſtored, but not the gaine.

In reſtitution this rule alſo muſt be obſerved. Lands which preſcribe not are to be reſtored, 2. King. 8. the widdow being away from her land ſeven yeares, in the time of famine amongſt the Philiſtims, ſhe came home at the end of ſeaven yeares, and the king commanded to reſtore to her all that were hers, and the fruit of the field ſince ſhe left the land: ſo that if it be a thing fruitful, which is withholden, it muſt be reſtored with the fruits of it, theſe charges ſhould only be deduced which were beſtowed in gathering in theſe fruits; but if the thing be not fruitfull of it ſelfe, and yet it hath beene kept backe from the owner for a time, and hee who withheld it, hath made ſome gaine by it, hee is not bound in that p. 250caſe to make reſtitution of the gaine which he hath gotten by it: Example, a theefe hath a chaine, and hath made ſome gaine by it, hee is bound to reſtore the chaine backe againe, but not the gaine; So the biting uſurer is bound to give backe the money, but not the gaine.

Things ſinfull given by the owner, the receiver w…s not to render it back againe.Things which are not to be reſtored, Id quod datur propter delictum non eſt reſtituendum: if it be a ſinne both upon the part of the giver, and the receiver; the receiver is not bound to give it backe againe: when Iuda gave his ſtaffe and ſignet to Tamar to lie with her, it was a ſinne upon his part to give them, and a ſinne upon her part to receive them, therefore ſhe was not bound to give them backe againe to Iudah, but they were to be given to the poore, for it was not lawfull for her to keepe them to herſelfe: when the Scribes gave thirty pieces of ſilver to Iudas to betray Chriſt, Iudas tooke the money, but hee repented and caſt it backe againe, but they would not take it to put it in their treaſury.

Things lawfull given by the owner, the receiver is bound to reſtore it backe againe.But if it be lawfull upon the part of the giver, and not upon the part of the receiver, then the receiver is to give it backe, and to make reſtitution to the giver. Salomon ſaith, Buy wiſedome, and ſell it not, Prov. 10. It is lawfull for a man to come to a Iudge, and to offer him money to doe him juſtice, and to expide his cauſe; yet it is not lawfull for the Iudge to take it; and if hee did take it, he was bound to make reſtitution.

Thirdly, to whom reſtitution is to be made.

Zacheus ſaith, whomſoever I have damnified, to him I will make reſtitution: & if he be dead, then he is bound by the law to make reſtitution to the next kinſman,In what caſe reſtitution is to be made to the dead. Num. 5.6, 7. and if he have no kinſman, to give it to the poore. Naomi ſaid to Ruth her daughter in law, Bleſſed be the the Lord, who hath not left off his kindeneſſe to the living and to the dead; Ruth. 1. that is, to the poſterity of the dead.

p. 251What if thoſe from whom Zacheus had taken by falſe accuſation, Queſt. had had no children to whom they ſhould make reſtitution; might hee then have given this fourefold to the poore, as almes?

No, for in this caſe it was juſt debt to the poore, Anſw. That which is juſt debt a man is not to make almes of it.and not almes, Iſta communicatio non eſt gratuita, ſed ex juſtitia debetur; it was not a free gift here, but a thing that belonged juſtly to them, for the poore in this caſe ſucceed to the children, and a man may not make almes of that which is juſt debt: this was proper to the poore, therefore hee could not giuegive it as almes, and this was the bragge of the Phariſee, Luc. 18.12. Do decimas, I give tithes of all that I poſſeſse, Why almes and juſtice, hath both one name.he made a gift of that hee was to pay. Almes in the Syriacke is called juſtice, Matt. 6.1. When thou doeſt thy juſtice, that is, thine almes: the reaſon of this is, becauſe almes is a fruit of juſtice, and not of oppreſſion; the poore would have beene here as heires, and this would have beene due to them: but if he had given any thing beſides to them, that had beene almes.

Fourthly, how much is to be reſtored;The meaſure of the reſtitution. Moſes law appointed not ſo great a puniſhment for him that ſtole money, or houſehold ſtuffe; as for him who ſtole ſheepe or oxen, for there are ſome evils conſidered in themſelves, although they be leſſe, yet they doe greater hurt to the commonwealth, then theſe that are greater, and ſome ſinnes are committed with a greater facility then others; as it is eaſier to ſteale ſheepe or oxen then money, becauſe money is more cloſely kept; now neat and ſheepe are more neceſſary for the life of man then money, and ſheepe and oxen were the ſacrifices which were offered unto the Lord, and therefore no marvell although there was a greater puniſhment inflicted for ſtealing of them then for ſtealing of other things.

Why did the Lord command five oxen to be reſtored Queſt. p. 252for one, and but foure ſheepe to be reſtored for one.

Anſw. Becauſe it was a greater boldneſſe to ſteale oxen, then ſheepe, and leſſe neceſſity to ſteale one oxe, then a ſheepe;The difference betwixt the reſtitution of oxen and ſheepe. for a man perchance might ſteale a ſheepe in neceſſity to ſatisfie him and his family, but not an oxe to ſatisffe him and his family. Againe, the oxe was the beaſt that was moſt neceſſary for them, and therefore hee who ſtole an oxe was more ſeverely puniſhed: therefore the Greekes when they would praiſe a thing, they put foreign to it, as foreign, a faire child, and foreign a faire figge.

Queſt. What was the reaſon when a thing was ſtolne, if it was found with the man, he was not fined in ſo much, as if it had beene killed or ſold.

According to the nature of the theft the puniſhment is to be meaſured.The reaſon of this was, when the theefe went on in his ſinne, the puniſhment was enlarged, Zacheus ſtinted himſelfe to fourefold, not by vertue of Moſes law, for he was but a heathen, and a publican; but becauſe he knew not certainly how much was due to every one, he will rather give more then leſſe. So David, 2. Sam. 12.5. ſaith, hee will reſtore the lambe fourefold, but in the originall,foreign it is Arbangtaijm, bis quatuor, twice ſo much as is commanded in the law, Exod. 21.27. for the Hebrewes double in the duall number untill they come to ſeaven.

An example of Zaccheus reſtitution.And he will give the halfe of his goods to the poore. Let us put this caſe: Zacheus had in his ſtocke an hundred thouſand pounds, he taketh of this ten thouſand from the poore, and bindeth himſelfe to give backe to them whom he had defrauded fourefold, this would have amounted to fortie thouſand pound, there remaines behinde ſixtie thouſand pound in the ſtocke, the halfe of this hee giveth to the poore, and now remaineth thirtie thouſand in the ſtocke, and then he ſaith, the reſt which is behinde is mine owne.

Fiftly, in what order reſtitution is to be made.

p. 253Where there is ſufficient to ſatisfie all, then certaine debts are to be payed before uncertaine. If there be not ſufficient to ſatisfie all, and the creditors be equall, then reſtitution pro rato is to be made;To whom chiefly reſtitution is firſt to be made. and if they be not equall, then the poore is firſt to be ſatisfied, and if there be nothing to ſatisfie, then there muſt be a willing minde. The Schoolemen obſerve very well, that there is Neceſsitas praecepti, & neceſsitas medij, Neceſſitas Pracepti. Medij.where the precept binds, and the meanes cannot be had, then the Lord accounteth that obedience to the precept when there is a willing minde: Example,The meanes are ſometime an accompliſhment of the precept. The Lord commandeth every Chriſtian man to receive the Sacrament, the Chriſtian is taken captive amongſt the Turkes, ſo that he cannot come to the Sacrament, in this caſe the Lord doth accept his deſire for the deed. So if a man be willing to pay that which he is bound to pay, neceſsitate praecepti, albeit the meanes faile, the Lord accepteth his will for the deed in this caſe, and reputeth him obedient to his Commandement.

Laſtly, when reſtitution is to be made.

Zacheus reſtored at that time when Chriſt ſpake to him, he left it not to be done by his heires,There is no delay to be made in reſtitution. but hee payed it himſelfe, hee ſaith not dabo, I ſhall give it, but do, I give it in the preſent time, while this impetus ſpiritus was upon him, at the ſame time hee will reſtore; for this inflatus ſpiritus is ſoone quenched, while Chriſt ſtandeth by he payeth it. Exod. 22.26. Reſtore thy neighbours raiment in which his skin ſleepeth, before the Sun go down; ſo the cloathes that he weareth; in the morning before the Sun riſe. Abimelech roſe up earely in the morning to reſtore Sara to Abraham. Gen. 20.8. Lev. 6.5. The Lord cōmanded, that when a man made reſtitution he ſhould give the principal, & adde a fifth part more to it, & give it to him, to whom it appertained, & the time is ſet downe, in the day of his treſpaſſe offering, hee was p. 254not then to deferre it. Prov. 3.28. Say not come againe to morrow; hee is bound preſently to reſtore if hee have meanes, and if hee may doe it without the loſſe of his credit, if the ſinne be ſecret, or without the overthrow of his familie, he is not to make reſtitution preſently, unleſſe he be in as great neceſſity to whom reſtitution is to be made; and laſt, hee who hath ſtolne any thing ſecretly, and cannot make reſtitution without diſcovery of himſelfe, hee is not to give it himſelfe, but by another, to ſave his credit.

The concluſion of this is, If thou make reſtitution thou ſhalt be the child of Abraham, Concluſion.and ſalvation ſhall come to thy houſe; thou ſhalt not overthrow thine houſe by this meane, but build it, but otherwiſe, thou and thy money ſhall periſh together, and Thy children ſhall flatter the poore for bread, as Iob ſaith, Iob. 27.

p. 255Commandement. IX.