Commentary on Genesis and Exodus, Theological treatise · Commandment 8

Commentary on Genesis and Exodus · Theological treatise · Commandment 8

p. 342The eighth Commandement.

1 Questions discussed.

QUEST. I. Whether the stealing of men only bee forbidden in this precept.

Vers. 15. THou shalt not steale.] R. Salomon is of opinion, that only the stealing of men is prohibited here: because that kinde of stealth onelyonly was punished by death, other kinds of theft by restitution either of double, or quadruple.

Contra. 1. It doth evidently appeare, that all kinde of theft, and not that of men onelyonly is here forbidden, by these two reasons: first, because the Morall law only, as grounded upon the law of nature, did binde both Iewes and Gentiles, the Judicials only concerned the Israelites: therefore if other thefts had beene restrained only by the Judicials, and not by the Morall law, the Gentiles would not have condemned the stealing of goods, as well as of men, as they did. Secondly, the Judicials did only binde the people after they were delivered unto them, not before: but it was a sinne to steale in Israel, even before they had received the Judicials. 2. The ground of his opinion is not found: that the breach of every morall law was punished by death: for the coveting of a mans ox or asse, though this coveting had proceeded to act, was not judged worthie of death, Tostat. qu. 24.

p. 343QUEST. II. Of the order and phrase used in this precept.

THou shalt not steale. 1. Next unto those wrongs which either are done unto a mans single person, as in offering violence to his life; or in persona conjuncta, in his coupled and conjoyned person, namely his wife, in committing adulterie: next after follow those injuries which concerne his substance, and such things as appertaine unto him, Thomas in opuscul. 2. And first of all, prohibentur nocumen…a, quae infertimiur facto, those hinderances are forbidden, which are done in fact: then those, quae inseruntur verbo, which are done in word: as in 9. precept, Thou shalt not beare false witnesse, Lyran. 3. But here this word theft is more generally taken, quàm apud jurisc…nsu tos, than among the Lawyers, Borrah. for it signifieth quamlibet alienae rei usurpationem, any kinde of usurping of that which is another mans, Gloss. interlinear. 4. And the reason why all violence, fraud, circumvention is prohibited under the name of theft, is, Furandi verbum posuit, quod ut probros…m omnibus naturaliter exhorrent: He useth the word stealing, which all men by nature doe abhorre is ignominious, that we might the better be perswaded to abstaine from all kinde of theft, Calvin. For men cunningly doe glose and colour their vicious and corrupt dealing with honest names: as fraud and deceit is called wit; and cunning getting of other mens goods, providence. The Lord therefore to meet with all such daubing, doth call things as they are, and sheweth how that before him all such wrong-doers are held guiltie of theft.

QUEST. III. Of the generall heads of the things here prohibited.

THree things in generall are forbidden in this Commandement: 1. The unjust getting of other mens goods, which is, 1. Either by rapine or violence, either of sacred things, or of prophane and common. 2. Or else by theft and pilfring. 3. Or by deceit, circumvention, and fraud.

2. All dammages, discommoditie, or hinderance, which either is brought upon another, by hatred, evill will, enmitie: or else which is not turned aside, and declined from our brother, it being in our power.

3. The abuse of mens goods and substance is likewise here condemned, either in the evill bestowing, and expending of them in vaine and unprofitable things: or in the unjust holding and possessing, and not imploying of them when necessitie requireth, Simler.

QUEST. IV. Of Sacrilege.

THe first generall transgression then is in sacrilege, which is the stealing either of any sacred thing, appointed for holy and sacred uses, out of any place, sacred or prophane; or of any prophane and common thing out of a sacred place. And this sacrilege is of two kinds: it is either of things spirituall, or of things externall and temporall: of this latter sort are these: 1. The wilfull stealing and withdrawing of such things as are ordained to holy and divine uses: which kinde of sacrilege is strictly punished by humane lawes. Such was the sinne of Achan, in stealing the wedge of gold, and the Babylonish garment, which God had consecrate to his treasurie, Iosh. 6.19. and for the same offence hee was stoned to death. 2. When the Church goods are imployed to another end, than for the which they were first given to the Church: which was to maintaine the ministerie of the word of God and Sacraments, to relieve the poore, to maintaine the edifices of the Church. Let such therefore looke unto it, as live of the tithes and revenues of the Church, being lay men, not called to the office of teaching, instructing and spirituall feeding. 3. They abuse the Church goods, which either give themselues to idlenesse, living of the tithes and offerings, but feed not the people: such are idle, carelesse, and negligent pastors: or those which mispend them in riot and excesse, as in keeping haukes, hounds, in dice, cards, and such like, as doe the Romane Cardinals and Prelates: all these are guiltie of Church robbing and sacrilege, Simler.

QUEST. V. Whether it be lawfull to convert things consecrated to Idolatrie, to other uses sacred or prophane.

HEre it will bee questioned, what is to be thought of the converting and turning of such things to religious uses, which were bequeathed to superstition, whether therein any sacrilege may be committed or not. The answer is this: 1. That it is lawful from superstitious and no true religious uses, to convert such bequests to the true service of God, and therein no violence is offered at all to the will of the dead: for their generall intendment is observed, the applying of them to sacred uses, … the particular use bee not kept, which they, led with the error of the time, intended, Simler▪ So the Lord commanded, that the silver and gold and brasse in Iericho should be consecrate to the Lords …urie, Iosh. 6.19. which had beene before abused to idolatrie. 2. Where excessive and superfluous legacies have beene given to such uses, it is lawfull for the Civill Magistrate, reserving a sufficient maintenance for the service of God, to dispose of the overplus of such gifts for other publike uses, as to support the necessitie of the Crowne and State, to maintaine maimed souldiers, and such like, and to applie them to other lawfull and profitable Civill uses: as Iehu converted the house of Baal from a superstitious and idolatrous, to a civill and publike use, 2 King. 10.27. Iosias also defiled and polluted the high places, 2 King. 23.8. that is, cleansed them of those superstitions there practised, and turned them to prophane and common uses. Hereunto is agreeable that Imperiall law, Cod. lib. 1. tit. 14. leg. 5. Omnia loca quae sacris veterum error deputavit, nostrae rei jubemus sacrari, &c. Honor. Theodos. All those places which have beene in the error of former time appointed to sacred uses, wee bid to bee joyned to our treasurie, &c. Yet so, as it was provided by another law, that sufficient should bee reserved for the use and exercise of Religion: as Cod. lib. 1. tit. …. leg. 9. Anastasius the Emperour decreed that the possessions of Heretikes should be confiscate to the Prince, yet so, as that the Oratories and places of prayer should still bee maintained. 3. But it will bee objected, that great miracles have beene shewed in such places, and they extraordinarily punished from heaven, that invaded them, and offered violence unto them. Hereunto wee answer: 1. That such things also fell o…t p. 345even among the Heathen, they which violated their Idoll Temples, were strangely punished, as Brenn… when hee invaded the Temple at Delphos: the reason hereof was, because they did it not of any hatred to superstition and Idolatrie, and zeale to the true worship of God, but of a prophane and irreligious minde, and so the Lord punished their prophanenesse: and they which attempted such things, might bee tyrants and otherwise wicked persons, and therefore the Lord did take occasion thereby to punish their crueltie and tyrannie. 2. The Apostle sheweth that Antichrist shall come with lying signes and wonders by the working of Satan, 2 Thess. 2. and therefore, such strange things might bee wrought in such places by Satan, for the further advancing of superstition, Simler.

QUEST. VI. Of the sacriledge of spirituall things.

BUt mention was made before of spirituall sacriledge: which is, when Ecclesia verbi Dei pr…dicati…, & sacramentorum administratio aufertur, the preaching of the Word, and administration of the Sacraments is taken away from the Church, Simler. 1. In these two things consisteth this spirituall theft and sacriledge: Contraria veritati dogmata praedicant: They doe preach doctrines contrarie to the truth, and, quotidie de Ecclesiae gregibus rapere festinant, they doe daily snatch and take with greedinesse from the flockes of the Church, Hierom. in Abdiam, cap. 1. 2. Hierome also to this purpose alleageth these two places of S…ipture, Ierem. 23.30. I will come against the Prophets, saith the Lord, that steale my word every one from his neighbour: and Ioh. 10.8. All that ever came before mee are theeves and robbers: they were the false Prophets, that beguiled and deceived the people, Hierom. in epist. ad Ephes. cap. 4.

QUEST. VII. Of Simonie.

VNtoUnto Sacriledge, Simonie is cosen germane, which also is committed about holy things, when they are abused by buying and selling unto priva… gaine. And this Simonie is of two sorts: 1. Either direct and immediate Simonie, when things meerely spirituall are bought or sold, Gehezs sold spirituall things for money, exacting a reward of Naaman for the gift of healing: and for that his sinne he was punished with Leprosie, both hee and his posteritie, 2 King. 5. Simon Magus would have bought spirituall things, Act. 8. Basting. Of this kinde are they which sell their prayers, or the Sacraments of the Church for money: as the Pharisies, that under colour of long prayer, devoured widowes houses. Such are the Popes chapmen, the Pardoners that went up and downe with Popes pardons, to sell remission of sinnes for money, and soule Priests, that would bee hired for money to sing Masses: they also which shewed the reliques of Saints, and kept pilgrimage Idols, gathering thereby unto themselves no small advantage, as Alexander the Coppersmith did at Ephesus, by making silver shrines for Diana.

2. Their is another kinde of Simonie, which is not of meere spirituall things, but of the Ecclesiasticall places, functions, and revenewes, which are ordained for Ecclesiasticall and religious uses: such is the buying and selling of Churches and Benefices by Patrones, and their Clerkes, whom they present: for these by a consequent doe also buy and sell the mysteries and Sacraments of the Church, when as the places and functions are set to sale, wherein, and whereby those holy rites are dispensed. Thomas Aquinas doth very fitly apply that saying of Christ against all those which thus enter corruptly into the Church, Iohn. 10. Hee that entereth not in by the doore, but climeth up another way, is a theefe and a robber. Thom. in opuscul. So much of the theft of sacred things.

QUEST. VIII. Of common theft, with the divers kinds thereof.

THe other kinde of theft is of things that are prophane and civill, which are of two sorts, either publike or private. 1. The publike theft is either direct: when as the publike treasurie is robbed, which is much greater than the theft of private things, because it redoundeth to the hurt and losse of many. Hereunto may be adjoyned the defrauding of such gifts as are bequeathed to publike uses: as Iudas was a theefe in robbing the almes of the poore. 2. Indirect publike theft is when they which are put in trust with the common goods, doe waste and mispend them: as Demosthenes said, when a poore theefe was led to prison by the officers: Parvum furem à majoribus duci: That a smal theefe was carried by the greater theeves.

Private theft is either by taking the things belonging to others, consenting, or deteyning and withholding them: the first is distinguished in respect of the matter, the things that are stollen and taken away, or the … The things are of foure sorts: 1. Of men, which kinde of theft was punished by death by the law of …. 21.16. 2. Of cattell, as the stealing of Oxe or Sheepe, which theft was punished by restitution, Exod. 22.1. 3. Of goods, which are called moveables, whereof see the law, Exod. 22. 7. 4. In remooving of land markes, which kinde of theft concerned their lands and possessions, Deut. 19. 14. Now theft also differeth in the manner: for it is either committed by privie and secret stealth, which wee call pilfring and filching, of which kinde the Prophet Ieremie speaketh, chap. 2.26. As a theefe is ashamed, when he is taken: or by breaking into houses, Exo. 22.2. which is commonly called Burglarie: or by open force and violence: such is robbing by the high way: whereof mention is made in the parable of the Samaritane, of the man that fell among theeves, and was wounded, and left for halfe dead, Luk. 10.

This kinde of private theft is also committed by consenting, and being accessarie thereunto, Psal. 50. 18. When thou seest a theefe, thou runnest with him: such are those also which give entertainment to theeves, and are their receivers, to keepe such things as are stollen: which kinde of confederacie with theeves is punished by humane lawes, Simler.

Further, they are guiltie also of theft, that detaine and withhold the goods of others, as they which finde things that are lost, and doe not restore them. Likewise they which borrow things of their neighbour, and doe not make them good. See the law, Exod. 22.14. They which are indebted to others, and have no care to pay their debts, but runne away with others goods: such are fugitives, and voluntarie bankrouts. p. 345All these are held guiltie of this sin of theft before God, and obey not the Apostles rule, Give to all men their duty, Rom. 13.7. And verse 8. Owe nothing to any man, but love one another. Where the Apostle maketh two kinde of debts: whereof the one may be so paid, as nothing remaine of the debt: the other is alwaies in paying, and never paid, which is the debt of charitie, Marbachius.

QUEST. IX. Of the divers kinds of transactions and contracts.

THere remaineth the third branch of the first generall kinde of theft, and that is by fraud and circumvention: which is of two sorts, either in such actions and contracts as are lawfull of themselves, or by such acts and devices as are altogether unlawfull. Now just and lawfull transactions and contracts are of divers sorts, and namely these ten, in buying and selling, giving, exchanging, pawning, trusting, farming, copartnership, tenure for service, hiring, lending and borrowing: all which may bee brought to these two heads: all these alienations are either both of the use and right and ownership of a thing, or of the use only, and each of them either for ever, and in perpetuall, or for a time only. 1. Buying and selling is a bargaining for an equivalent price, for any thing both in right and in use. 2. Giving is a franke donation of a thing without any satisfaction or recompence. 3. Exchanging, when one thing is given for another of like value. These transactions are perpetuall, both of the right of a thing, and the use. For the use only and not the right, are these that follow: 4. Morgaging, or laying to pawne, when house or land, or any other thing is conveyed over to another for a certaine time, til some condition required be performed. Contracts, which concerne the use only, are these also: either for a time: 5. As committing a thing to ones trust to keepe. 6. Letting out any thing to farme for a certaine rent. 7. Copartnership; when one putteth in the stocke, another employeth his paines, and are agreed to divide the profit. 8. And when one taketh any ground by tenure, and holdeth it for doing of some kinde of service. 9. Hiring, when one for his money hath the use of a thing. 10. When the use of a thing is granted without paying any thing for a time. Vrsinus.

QUEST. X. Of the divers kinds of fraud and deceit used in contracts.

NOw in these lawfull kinds of contracts, the frauds which are usually committed are these: 1. In the matter and substance, and qualitie of the thing transacted, and bargained for: as when sophisticate and deceitful ware is uttered for that which is good and sound: as wine mixed with water in stead of good wine and spices ungarbled, and refuse, for good and merchandable spice: the like deceit may be in cloth, in come, and all other kind of Merchandize: as Amos 8.6. the rich covetous say, That wee may buy the poore for silver, &c. and sell the refuse of Wheat. 2. There may be deceit in the quantitie, when as the seller useth false weights and measures: therefore the law saith, Levit. 19.35. You shall not doe unjustly in judgement, in line, in weight, or in measure. 3. When too great a price is exacted, and the buyer is not ashamed to aske double the price of his ware, and sometime take it also: as the Prophet crieth out against the covetous men, that did sell corne, and Made the Ephah small and the shekel great, Amos. 8.5. They made the measure lesse, and the price greater, Genevens. 4. Deceit also may be used in the coyne, as in clipping it countersetting, and corrupting it, Simler. And therefore it is said, that Abraham weighed unto Ephron silver, 400. shekels of currant money among Merchants, Gen. 23.16. it was both weight, and currant money, not sophisticated 5. As in bargaining by selling, so in other contracts the like deceit may bee practised: as in hiring; when either the hireling doth not his service faithfully or truly, but doth his businesse with eye-service, which the Apostle reproveth, Ephes. 6.6. or when the master that hireth, detaineth the hirelings wages, or keepeth it backe by fraud, Iames 5.4. as in paying lesse than hee should, or with bad money, or obtruding and thrusting upon them other base commodities in stead of their wages, Simler.

QUEST. XI. Of unlawfull and cosening trades.

THe other kind of fraud is, when meanes and devices are used altogether unlawful: as by usurie, (whereof wee shall have occasion to intreat more fully upon the 22. chapter) by dicing, carding, or using any other unlawfull games: by monopolies, forestalling of commodities, and ingrossing of them to enhaunce the price: and whatsoever is gotten by any unlawfull calling, practice or exercise whatsoever, Simler. To make a lawfull vocation and calling three things are requisite: 1 Persona legitimè ordinata the, person must be lawfully ordained, and called, no usurper, nor intrudet. 2. Officium legitimum, &c. The office it selfe must be lawfull: and opus executionis legitimum, the execution of the office must bee lawfull, as proceeding from faith, referring all to Gods glorie, and from charitie, intending no hurt to our neighbour: in some dealings not all, but certaine of these are wanting: as the first, when any not called to the office of teaching, yet usurpe the tithes of the Church, appointed for the maintenance of Teachers: they faile in the next, who exercise no lawfull office or calling, as Alexander the Copper-Smith, that grew rich by making silver shrines for Diana, Act. 19. They offend in the third, which having an office, yet abuse it: as Zacheus, that before hee was called, used forged cavillation in pilling and polling his brethren, Luke 19.8. But in these unlawfull trades before spoken of, as in usurie, carding, tabling, and such like, all these are missing for the trade it selfe being unlawfull, none can be lawfully called unto it: neither can that which is unlawfull bee exercised either with faith or charitie.

QUEST. XII. How this precept is broken by procuring our neighbours ….

NOw wee are come to the second generall breach of this Commandement, as in observed before, quest. 3. which is in the hinderance that by our meanes commeth to our brother: which is committed two wales, either in procuring the same to bee done, or in suffering it to bee done.

p. 3461. They which of evill will and envie seeke their neighbours hinderance in his goods or cat…ll▪ … offend against this precept: as the setting on fire of corne or houses. See the law against such, Exod. 22.6. in trespassing upon a mans ground, by feeding it with his cattell: ibid. vers. 5. in hurting, mayming or spoyling that which is our neighbours, ibid. vers. 14.

2. They offend here also, which doe not helpe their neighbour, when it is in their power, and rescue him, and that which belongeth unto him: therefore the law of Moses prescribeth, that if a man meet his enemies Asse or Oxe going astray, hee should bring him home: and helpe up his Asse lying under his burthen, Exod. 23.5. If this service of love must bee performed to an enemie, much more to our neighbours and friends.

QUEST. XIII. Of the abuse of mens goods and substance, another generall transgression of this precept.

THe third generall transgression followeth, which is in the abuse of mens substance and goods, which is of two sorts: 1. When as goods are evill employed, and unprofitably spent: as 1. In bestowing cost, and giving rewards to procure mischiefe to others: as wicked Haman promised to bring ten thousand talents of silver into the Kings treasurie, to have the Iewes destroyed, Ester 3.9. 2. In spending it vainely, as in play, and gaming, in riotous living, in whoring, and such like: as the prodigall child wasted his fathers patrimonie. 3. In consuming the substance in prodigall and superfluous expences, as in keeping of haukes and hounds, for men of meane estate, by which meanes they are made unable to give unto the poore.

2. The other abuse is the miserable keeping and hoording up of wealth, and not using of it toward the releeving of others necessitie: as in comforting strangers, succouring of the poore, redeeming of captives, and such like. It was the rich mans condemnation, that suffered Lazarus to starve at his gate for want of releefe. These before God are guilty of theft, in denying that to the needie brother, which his necessitie requireth; and therefore the Wiseman saith, With hold not the good from the owners thereof, though there bee power in thine hand, Prov. 3.27. and what owners hee meaneth, not only the possessors, but even those whose povertie requireth it, the next verse sheweth: Say not to thy neighbour, goe and come againe, and to morrow I will give thee, if now thou have it. Nay some are so miserable, that they defraud their owne soule, Eccles. 4.8. and are theeves to their owne bellie, Simler.

2. Places of doctrine.

1. Doct. Of the generall and particular contents of this precept.

THou shalt not steale, &c. The scope and end of this precept, is to preserve the particular right and interest which God hath given to every one in the goods and possessions of the earth … and it forbiddeth all theft, fraud, violence, whereby our neighbours outward and temporall state is empayred and hindered; and it contrariwise commandeth to defend, as much as in us lieth, our neighbours state, and to give unto him what is his due, Vrsinus.

These then are the particular vertues here prescribed, with the contrarie vices: 1. Iustice and equitie, in contracts and bargaines is commanded; not to use fraud or deceit, or to practise unlawfully to … other mens goods: but to give unto every man that which is due unto him, and to deale justly, plainly, and sincerely with all, as wee our selves would bee dealt with: which is grounded upon that principle of the law and nature, Whatsoever you would that men should doe unto you, doe unto them, Matth. 7.12.

Contrarie hereunto is all in justice, and wrongfull usurping of other mens goods, or attempting the same by violence, fraud, or theft: the divers kinds whereof are before in the severall questions handled at large. So the Wiseman saith: Intend no hurt against thy neighbour, seeing hee doth dwell without feare by thee, Prov. 3.29.

2. Here is also commanded contentment of mind, that wee be contented with that portion which God hath given unto us, not greedily desiring any thing of another mans. So the Apostle saith, Godlinesse is gre…t riches, if a man bee content with that hee hath, 1 Tim. 6.6. And againe, vers. 8. Therefore, when wee have food and rayment, let us therewith bee content.

Contrarie hereunto is, 1. Covetousnesse and discontent in one extreme, namely, the defect, as the Preacher describeth the covetous man, There is no end of his travaile, neither can his eye be satisfied with riches, Eccl. 4.8. 2. And in the other extreme of excesse, is nicenesse and morositie, not to take or receive those things which one may safely accept and use: as the begging Friers, which thought themselves defiled with taking of money, yet loved it well enough.

2. Faithfulnesse is another vertue, both in using diligence in our vocation, that wee may have to support our necessities, as the Apostle adviseth: let him that stole, steale no more, but let him labour and worke with his hands, &c. Ephes. 4.28. as also in shewing an honest care in preserving and saving the goods of another, as Iacob carefully kept Labans sheepe, enduring both the frost of the night, and the heat of the day, Genes. 31.40.

Contrarie hereunto are, 1. unfaithfulnesse in having no care to save the goods of another: such a one is the unfaithfull Steward in the Parable, that was accused for wasting his masters goods, Luk. 16.1. 2. Idlenesse and negligence: the idle and slothfull, S. Paul calleth inordinate walkers: and giveth this rule concerning such that hee which would not worke, should not …at, 2 Thess. 3.10. p. 347Now it will bee here objected, that this vertue of Fidelitie belongeth unto the fifth Commandement, as it is before rehearsed among the duties there prescribed, and therefore appertaineth not to this place. The answer is, that the same vertue, in respect of divers ends and offices, by the which vertues are distinguished, may bee referred to sundrie Commandements: and so the grace and gift of faithfulnesse, as it concurreth with obedience, and dutie to Superiours, belongeth to the fifth precept; but as it respecteth the preserving of anothers goods and substance, it hath the proper place here.

3. Liberalitie is commanded, which is a franke and voluntarie collation or bestowing of ones substance upon those which want, discerning discreetly, to whom, where, when, and how much to give: such an one was Iob, Who did not e…t his morsels alone, &c. hee did not see any perish for want of cloathing, &c. Iob 31.17▪ 19.

Contrarie hereunto are, 1. Sparing niggardlinesse, such as was in Nabal, that would afford nothing to David in his necessitie: 2. And vaine prodigalitie, such as was in the prodigall child, Luk. 16.

4. Hospitalitie is a kinde of liberalitie, which is especially extended to and exercised towards stranger, and chiefly such as are exiled and banished out of their owne countrie for the Gospell and the truth sake: for this vertue is Lot commended, Heb. 13.2.

Contrarie hereunto is inhumanitie toward strangers: such was the crueltie of the Egyptians toward the Israelites, that sojourned among them.

5. Frugalitie joyned with parsimonie, is a vertue also hitherto belonging, which is a thriftie saving of such things as God sendeth, and a provident employing of them to some profit: whereby one is made more able to give, and to shew his liberalitie: for frugalitie and parsimonie are the two upholders and maintainers of true liberalitie: for without frugalitie, liberalitie will degenerate into niggardlinesse: and without parsimonie into prodigalitie. Of this frugalitie and parsimonie our blessed Saviour gave example, when hee commanded, after hee had fed the multitudes in the wildernesse, that the broken meat should bee reserved and kept, Mark. 8.

Contrarie hereunto are, 1. Undiscreet wasting of the goods, and unnecessarie liberalitie, or rather superfluous prodigalitie: as in Herod, that promised, if it were to the one halfe of his kingdome, for a pleasing and wanton dance, Mark. 6. and the diseased woman had spent all shee had upon Physitians, and was never the better, Mark. 5.26. 2. And niggardly sparing, when there is necessarie cause of spending: as hee that pincheth his owne bellie, and defraudeth his owne soule, Ecclesiast. 4.8. And such an one was that miserable man that Ambrose speaketh of: Cui si quando …vum appositum esset, conqueri solebat, quod pullus occisus esset: Who, if an egge were set before him, would complaine, that a chicken was killed, lib. de Naboth cap. 2. hee could not affoord himselfe an egge to eat.

3. Places of Controversie.

1. Controv. and Confut. Against the Anabaptisticall communitie.

THou shalt not steale. This precept overthroweth that error which first among the Heathen was maintained by Plato, that all things among men ought to bee common: the same also was held by the Heretickes called Apostolici, and in these daies by the Anabaptists: for if there were a communitie of goods, then no man should have a propertie in any thing, and so there could not bee any theft: this law then maintaineth every mans peculiar and severall right and interest in that which hee hath. First their objections shall bee answered, that labour to have a communitie.

1. Object. The Apostles had all things common in Ierusalem, Act. 2.44.

Answ. 1. That custome was then both easie, because they were few: and necessarie▪ for if they had not sold their possessions, and so made the use common, they by violence should have been stripped of them: now there is neither the like facilitie nor necessitie. 2. That communion was voluntarie, not imposed upon any; for it was in their choise, whether they would sell their possessions or not: as Peter saith to An…ias, Act. 5.4. After it was sold, was it not in thine owne power? Vrsin. 3. Neither were all things common among them: they had some things private and peculiar to themselves: as Mary had her proper house and dwelling in the citie, Act. 12.12. Simler. 4. Beside, this was not the generall custome of the whole Church: for in Achaia and Macedonia, there was gathering made for the Saints at Ierusalem: it was then particular for that place, and peculiar to that time; therefore a generall rule for all times and places cannot bee taken from thence, Simler. 5. Neither were then things so indifferently common▪ as that every man might take what hee would: but the things in common were distributed according as every one had need, Act. 5.35.

2. Object. Christ saith to the young man, Mark. 10.21. Goe and sell all that thou hast, and give to the poore: Ergo, wee must doe the like.

Answ. 1. That was a personall precept and belonging to those times: So the Apostles did leave their parent… and their houses, but wee are not commanded now to doe the like, Simler. 2. Beside, our Saviour so said to shew how farre hee came short of the perfection of the law, and to humble him that thought so well of himselfe. 3. Further, our blessed Saviour saith not, make thy goods common, but, give unto the poore: which are two divert things, Vrsin.

3. Object. The Apostle saith, All things … yours, 1 Cor. 3.21. Ergo, all things ought to bee common.

Answer. 1. The Apostles meaning is, that all things were ordained for their good, whether life or p. 348death, things present, or things to come. 2. Hee speaketh not of a common possession of all things in right: but that they are common in use, they had jus ad rem, non jus …nre, right to the thing, not in the thing, Vrsin.

Now on the contrary, that it is lawfull for Christians to retaine a severall right and propertie in those things which they possesse, it may thus appeare: 1. The Scripture alloweth contracts, as buying and selling: as Abraham bought a buriall place of Ephron, Gen. 23. David, the threshing floore of …, 2. Sam. 24. but there can be no such contracts ubi non sunt distincta rerum dominia, where there are … distinct properties in things. And if they shall object, that these examples of the old Testament belong not unto us: wherein they shew their blasphemous error seeing the Apostle saith▪ that whatsoever is … is written for our learning, Rom. 15.4. wee have the like warrant in the new Testament▪ how the Disciples of our blessed Saviour bought such things as were necessarie, Ioh. 4.8. and 6.5. chap. 13.….

2. The giving of almes is every where commanded in Scripture: but men are not to give almes, but of their owne. If there were no particular propertie in things, but one had as good right as another, neither should men have wherewith to give almes, neither should there need any almes at all.

3. Riches are the gift of God, Prov. 10.22. The blessing of the Lord maketh rich: and chap. …2.2. The rich and poore meet together, the Lord is the maker of them all: therfore the Lord alloweth distinct … in things, without the which none should bee richer than another.

4. The Lord himselfe appointed, that the tribes with their severall lots and possessions should bee distinguished: and therefore the fact of Naboth is defended and justified, because he would not part with the inheritance of his fathers.

5. Many examples may bee produced, not onelyonly out of the old, but the new Testament also, of divers of the Saints, that had their proper possessions and goods, as Tabitha, Act. 8. that made … for the poore: of Lydia, Act. 16. who was a seller of purple.

6. It is lawfull for a Christian to have proper servants, much more his proper goods: for the … possession of servants seemeth more to bee against the freedome and libertie of nature, than of … and lands: but the distinction betweene masters and servants is not taken away, but continued and … in the new Testament, Ephes. 6. and in other places: much more distinct possession of things, … ▪

4. Morall Observations.

1. Observ. To take heed even of the smallest theft.

THou shalt not steale. In that this precept is propounded in generall, no quantitie prescribed or limited of that which is stollen; it sheweth, that all kinde of theft is condemned, even in the least and smallest things. And so the Apostle saith in generall words, Let him that stole, steale no more, Ephes. 4.28. And the reason is: Non id quod furto ablatum est, sed m…ns furantis attenditur: Not what a man stealeth, but the minde of him that stealeth is considered: Hierome. For in fornication and adulterie▪ whosoever it is, rich or poore, faire or deformed, with whom the … is committed … fornicatio & adulterium, it is one kinde of fornication and adulterie: so is it in theft▪ Qu… tumcunqu… servus abstulerit, furti crimen incurrit: How little soever the servant stealeth from his master, he incurreth the crime of theft, Hieron. in Epist. ad Tit. cap. 2. Hereby therefore al are to bee admonished that they take heed even of pilfring small things: for it is Satans subtiltie, from stealing of a pi… or point, to draw such on to pence, and pounds, and greater thefts: it is good therefore to take heed in the beginning.

2. Observ. All deceivers and extortioners are accounted before God as theeves.

FVrther, seeing in this precept all kinde of purloyning that which is anothers is forbidden, by deceit▪ guile, fraud, violence, oppression; it is evident, that all such fraudulent practices are accounted in the sight of God no better than theft: which Zacheus considering, maketh the like restitution of fourefold, for that which hee had gotten by forged cavillation, Luk. 19.8. as if hee had directly stollen it. … then the name of a theefe is odious and ignominious, let al such circumventers of their brethren, …, deceivers, extortioners, leave such wicked trades, unlesse they will bee ranged in the ranke of the theeve….

3. Observ. Of the greatnesse of the sinne of theft.

THis sinne of theft, of what kinde soever, though many make light account of it, is for many reasons to bee shunned and abhorred of all: 1. Prima sumitur ex gravitate: The first is taken from the greatnes thereof: for theft in some cases is compared to murther, Ecclesiastic. 34.22. The bread of the … the life of the poore, hee that defraudeth him thereof, is a murtherer. Secunda ex periculi qualit…t…: The second reason is from the qualitie and condition of the danger: for in other sinnes satisfaction is … than in theft: where before effectuall repentance can bee wrought restitution must bee made of the thing taken away, and of the losse that came thereby▪ Tertia ex talium … : The third is by … of such things as are wrongfully gotten: for they neither profit spiritually▪ Pro…. 10.…. The … of wickednes profit nothing: Almes given of evill gotten wealth availeth not: neither doe they profit temporally: for such unrighteous substance doth not prosper: as the Prophet saith into cruell oppression, Thou hast consulted shame unto thine owne house, by destroying many people. Thomas … soul.