The Duties Commanded and Sins Forbidden in the Law of God, Commandment 8
The eighth Commandement.
The Affirmatiue part,
Commanding those duties which concerne our owne▪ or our neighbours goods, and outward estate.
These duties are either more
Generall.
Speciall.
The generall duties stand in 3. degrees:
1. To abstaine from doing any iniury or wrong to our neighbour, in respect of his goods or estate. 1. Cor. 6. 7, 8. or if wee hauehave, to make him amends. Exod. 22. 5.
2 To preserue as much as we may, our owne and our neighbours goods, Ioh. 6. 12. Deut. 22. 1, 2, 3, 4. Exod 23. 4, 5.
3. To be helpfull to others, as our ability affordeth, and their necessity requireth. Ephes. 4. 28.
The speciall duties concerne the
Iust (foreign) possession of our goods, and that containeth 2. branches; Iust
getting or obtaining of our goods. Mar. 8. 36. Prou. 16. 8.
Keeping or retaining of them.
Lawfull (foreign) vse of our goods.
The Negatiue part,
Forbidding those vices that concerne our owne, or our neighbours goods and outward estate.
Opp. To be
Hurtfull to our neighbour, in hindring or impairing his estate, Mark. 10. 19.
Wanting to our neighbour or our selues, in not
Preseruing his, or our owne goods.
Imploying our goods as wee ought, to
Our own good.
The benefit of others.
Opp.
Vniust possession, either by
Vniust getting. Prou. 13. 11. Hab. 2. 9. Ier. 17. 11.
Vniust detaining.
all forbiddē vnderunder the name of theft.
Vnlawfull vse of goods.
VntoUnto iust getting there are 4. vertues, or inward duties required, whereby we shall bee fitly disposed f…r ye keeping of this Commandement, viz.
1. foreign, Heb. 13. 5. the not setting of our hearts vponupon riches. Psal. 62. 10. Math. 6. 33.
2. Contentednesse with that condition which God in his most wise, iust, and Fatherly prouidence doth allot vntounto vsus. Heb. 13. 5. 1. Tim. 6. 6, 7, 8. Phil. 4. 11, 12.
3. A moderate desire of such things as are conuenient & necessary for vsus, Math. 6. 11. Prou. 30. 8. both for
Our owne maintenance, according to ye necessity of
Nature. 1. Tim. 6. 8.
Person. 1. Tim. 5. 8.
State, as we are either priuate or publike persons, &c.
Reliefe of others, Pro. 5. 15, 16. Act. 20. 35.
Priuately. Eph. 4. 28.
Publikely, in
Church.
Commō weale.
4. A moderate care, to prouide those things which are conuenient and necessary for vsus. Gen. 30. 30. 1. Tim. 5. 8. 2. Cor. 12. 13, 14. Prou. 31. 13. &c. Mat. 6. 11. that which wee …ay for, we must bee carefull to obtaine by the vse of lawfull meanes.
1. Opp. foreign, louelove of money, Col. 3. 3. 1. Tim. 6. 10. the roote of all the sinnes forbidden in this Commandement, which is also called the lust of the eyes. 1. Ioh. 2. 16.
2. Opp. Discontentednesse, disposing men to couet and seeke more than is needfull, though they hauehave not lawfull meanes: to which vice they make themselues subiect, who hauehave not learned to liue within their compasse.
3. Opp.
Affectation of Pouerty, as in begging Friers, &c. Pro. 30. 8. Ephes. 4. 28. Act. 20. 35.
Couetousnesse and ambition, wherunto, besides the louelove of money, and preferment, concurre
A resolution to be rich, and great in this world, whether God giuegive good meanes or not. 1. Tim. 6. 9.
Hasting to be rich. Prou. 28. 20, 22. 20. 21.
An insatiable desire still to hauehave more. Eccl. 4. 8. Prou. 27. 20.
4. Opp.
Improuidence and carelesnesse. Prou. 10. 5. 1. Tim. 5. 8.
Immoderate and carking care. Math. 6. 25, &c. Phil. 4. 6.
The sorts of iust getting,
Without contract, as of things
Gottē by our selues,
Receiued from others.
By contract.
Goods are gotten & procured lawfully by our selues, and our owne meanes, either
Extraordinarily, by the law of
Nature: as those things wch hauehave no owner, either because they
Are cōmon by the law of nature.
Were neuer in the possessiō of any.
Are cast off willingly, & abandoned by their owners.
These by right appertaine to the first
Getter.
Finder.
Nations: as those things which are gotten from the enemie by lawfull warre.
Ordinarily, by ye sweat of our browes in a lawfull calling. Ephes. 4. 28. where two things are required. viz.
A lawfull calling.
Diligence therin.
Lawfull calling are either
Publike, and those either
Supreme or soueraigne; as of the Prince.
Subordinate, and those
Ecclesiasticall, as of Ministers and lawfull gouernours in the Church.
Ciuill, and those seruing for
Peace.
Warre.
Priuate, as
Husbandry. Eccl. …. 8.
Arts
Liberall, whether
Professions, as of
Diuinity.
Law.
Physicke.
Preparatiues vntounto Professions, as the seuen liberall Arts.
Illiberall, as trades seruing either for the
Making of things needfull, as Handicrafts, &c.
Communicating of thē, either by
Wholesale.
Retaile.
Opp. Inordinate walking, 2. Thes. 3. 6, 7, 11. opposed to the
Lawfull calling, viz
No calling, as
Common beggers & rogues. Deut. 15. 4. 2. Thes. 3. 10.
Superfluous Gentlemen, who hauing nothing to maintaine them, refuse to liue in any calling, Luk. 16. 3.
Bad calling, as those wch maintaine thēselues by
Vnlawfull professions, as
Harlots and Bawds.
Witches and Wizards, Iugglers, Stage-players, &c.
Gaming, as
Gamesters.
Keepers of gaming houses, &c.
Diligent walking in our calling, viz. idlenes, 2. Thes. 3. 11, 12. Math. 25. 30. Pro. 18. 9.
There is also a lawfull acquisition or getting of things wee receiue from others, who either
Were the true owners thereof, as that which wee hauehave receiued by
Free gift, whereunto legacies are to be referred.
Succession & inheritance. Numb. 27. 8, 9.
Were supposed to hauehave been the true owners: as by prescription in things which may bee prescribed, hauing been without interruption enioyed, the whole time appointed by lawes.
The sorts of vniust getting, viz by
Fraud, which is properly called theft.
Force, which is robbery.
Leuit. 19. 13. 1. Thes. 4. 6. Luk. 3. 14. 1. Cor. 6. 10.
Theft is to be distinguished according to the difference of the
Manner, that it is
Manifest, when the theefe is taken with the manner: that is, either
In the act of stealing.
With ye thing stolne.
Not manifest.
Persons which doe steale, for it is either
Domestical, as the theft of the
Wife.
Children. Prou. 28. 24. Deut. 21. 20.
Seruants. Tit. 2. 10. Math. 24. 49.
Committed by other which bee not of the same family.
Obiects, which are stolne: for it is either of
Persons, by
Surreption, to be
Sold, 1. Tim. 1. 10. Deut. 24. 7. Exod. 21. 16.
Mangled, as beggers steale children.
Married, as wooers sometimes do young maids, against the will of the parents or gouernours.
Prodition or trechery. Mat. 26. 15.
Supposition of changelings. 1. King. 3. 20.
Things whereof there bee diuers distinctions. See A.
A. Things: whereof there be diuers distinctions, that it is
1. Of things
Ciuill, and those either
Priuate.
Common or publike, and that is Peculatus, robbing of the Commonwealth.
Sacred, & that is sacriledge: as Rom. 2. 22. of
Gifts, or vowed to bee giuen to God. Iosh. 7. 21. …6. 22. Act. 5. 2, 3. Prou. 20. 25. Dan. 5. 2, 23.
Tenths, and other Church-duties. Mal. 3. 8.
Church-liuings, Leuit. 27. 21. Neh. 13. 8.
Mangled by corrupt Patrons.
Alienated by appropriations.
Deuoured, by the Ha… pies of Princes Courts.
2. Of
Immoueables, as remouing of land-markes. Deut. 19. 14. Prou. 22. 28. Hos. 5. 10. Deut. 27. 17.
Moueables, whether
Liuing, as
Plants, and their fruits, Deut. 23. 24, 25.
Fowles.
Fishes.
Beasts, Exod. 22. 1. and if of many together, it is Abigeatus. Iob. 15, 17.
Without life, as
Money, by Cutpurses, &c. Stuffe and apparell, for stealing whereof, those which conuey themselues into houses, are called Directarij.
Writings and instruments
Embezeled and stolne.
Depraued & corrupted, or falsified.
Robbery or Rapine is distinguished by the end: for thereby is intended, either the
Neighbours harme, which is spoyling; as in those who are called
Incendiarij, who maliciously set on fire their neighbours houses, or corne.
Venefici, who spoyle mens goods or cattell, by
Poyson.
Charmes, Inchantments, Witchcraft.
Robbers owne profit or gain: & is committed either
VnderUnder pretence of authority by great theeues, and is called Oppression: and that is by
Vsurpation, without colour of Law. Gen. 21. 25. Iudg. 18. 25. 27.
Extortion, vnderunder colour of Law. Psalm. 94. 20. Luk. 19. 8.
Without any such pretence of authority, whether in time of
Warre, as the Pillage of souldiers, towards them that are not enemies. Deut. 2. 5, 6. Luk. 3. 14.
Peace, whether by
Land, as
Robbing by the high way. Luk. 10. 30.
Burglary, or breaking into houses. Exod. 22. 2, 3.
Sea, as Pyracy.
To these sorts of theeues and robbers, we are to adioyne those that be accessary to their sinne, either
Beforehand, by
Consent. Psal. 50. 18.
Counsell or prouocatiō. 1. Kin. 21.
At the time, by helping and assisting them.
After, by
receiuing the
Theeues.
Things stolne.
Partaking with them in the gaine. Pro. 29. 24. …1. 14.
Now followeth the acquisition or getting, which is by Contract, which is the consent between parties, concerning the alienation or permutation of things vponupon condition, and that condition is either
Presently performed,
For the time to come, assured by obliga…ōs
Verball, wether by
Word of mouth.
Writing, a…
Bills.
Bonds.
Reall, as by
Pawnes.
Mortgage.
Personall, as by
Sureties.
Hostages.
In contracts we are to behaue our selues vprightly, without dissimulation or guile, as in the sight of God, Psalm. 15. 2, 4. obseruing in our
Words, truth. Zac. 8. 16.
Promises, faithfulnesse.
Deeds, iustice.
Contracts are concerning
Alienation of things for
A time:
Euer:
and both of them either
Free.
For recōpēce
Committing to trust.
The free alienation for a time, is either of the
Vse onelyonly, which is commodation or lending to vse, the property retained.
Property also, which is mutuation or lending to spend; and hath place in things which are spent in the vse.
In things lent to vse, the duty of ye borrower is to
Vse the same to that end for which it was lent, and not to abuse it.
Restore y• same particular
Safe and entire, or to make it good.
At the time appointed.
Opp. To
Deale deceitfully. Ezech. 22. 12. 1. Thes. 4. 6. the highest degree wherof is coozenage.
Vse
Lying. Prou. 21. 6.
Vnfaithfulnesse in promises.
Vniustice and inequality.
Opp.
To abuse the thing borrowed, or to vse it further than the lender would like of.
To impaire it, and not to make, or not to bee willing to make amends.
Not to restore it at all, or not at the time appointed, detaining it against the lenders good will.
In things lent to be spent, the duty of the
Lender, is to intend and seeke the borrowers good, and not his owne gaine.
Surety, if there bee any, to giuegive his word for those that bee thrifty and honest, and to make good his word.
Borrower towards the
Surety, to saue him harmelesse.
Creditor, to restore the principall,
In the full value.
At ye time appointed.
The free alienation which is perpetuall, is Donation, and is heere considered as it is made, with
Condition, and not absolutely.
Limitation of certaine
Duties,
seruices,
which the receiuer is bound to performe.
The alienation which is for recompence, is a commutation, wherein equality is to bee obserued betwixt the things committed.
In these contracts out
Do vt des:
Do vt facias, vel contra,
that is, there is a commutation either of
things themselues, or their vse,
Mens labour and industry,
for an equall recompēce.
Opp. In the
Lender, to lend for gaine, which is Vsury: to which sin, are accessary
Brokers for Vsurers.
Borrowers without necessity, vponupon Vsurie.
Surety,
To giuegive his word for persons
Vnthrifty.
Dishonest.
Not to performe couenants.
Borrower, not to repay the principall at the time appointed: wherein they especially offend, who are voluntary Banquerupts.
Opp. Inequality in illiberall contracts.
The commutation of the things thēselues, is either of
Ware for ware, which is Bartery,
Money for money, which is Exchange.
Ware for money, which is Selling: wherein is required as touching the
Person, that he be the right owner, or authorized by him.
Thing, y• it be saleable, in respect of the
Substance.
Vse.
Price, that is be iust and equall.
Manner of selling, that it bee without fraud or deceit.
Money for ware, which is buying.
Opp. In regard of the
Person, when a man selleth that which he hath no right to sell.
Thing, which is not saleable, either because it is not
Valuable by money: as those who sell
The graces of God, as miraculous healing, 2. King. 5. 20. Pardon of sinne.
Iustice, by Bribery.
Vntruthes, as
False witnesses.
Lawyers, who be Patrons of bad causes.
Liberality and time, as Vsurers doe.
Money-worth, being in respect of the
Substance, counterfeit, or corrupt. Amos 8. 6.
Vse, vnprofitable, or hurtfull.
Price, being vnequall: in which respect they chiefly offend, euen as publike theeues, whose practice is, to raise the prices of things, as
Regraters.
Forestallers.
Ingrosers.
Dardanarij, Hucksters, and whorders vp of commodities, to cause a dearth. Prou. 11. 26.
Manner, when mē vse deceitfull
Words,
Flattering the buyer.
Praising the ware vnworthily, and concealing or extenuating the faults therof, not lessening the price.
Deeds, in respect of the
Kind, giuing one for another.
Quality, that the ware may seeme better than it is, as
Comparing it with that which is naught.
Vsing false lights.
Setting a false glosse on it.
Quantity, by
Vsing false
Waights and measures. Prou. 11. 1.
Weighing and measuring, whereto referre too much stretching of cloth.
Mixture, of that which is worse, they sell the lesse quantity of the better: as water with wine, wooll, or meale, &c.
In buying, regard is to be had of the
Person, of whom thou buyest, that hee hauehave right to sell.
Thing, that it bee a thing which is valuable by money, and may bee lawfully bought with money.
Price, that thou giuegive, and if thou hast knowledge, that thou offer an equall price: and if he sell for need, to giuegive rather more, than lesse than the worth.
Manner, that it bee void of all deceit and wrong.
Opp. In regard of the
Person, to buy of him that hath no right to sell: as to buy stolne goods.
Thing, to buy that, which either
Cannot be valued by money, as
The graces of God: which properly is Symonie. Act. 8. 18, 19.
Remission of sin: as those which buy Pardons.
Holy orders, &c.
Ought not to be bought or sold for money, as
Presentations vntounto Benefices, which also are called Symony.
Vniustice, of a Iudge corrupted by thee.
False testimony of a witnesse suborned or hired by thee.
Price, to
Offer much lesse than thou knowest the thing to bee worth.
Take aduantage of the sellers need, and for that cause to giuegive the lesse. Amos 8. 6.
Manner, vsing deceit, in
Words, vnworthily dispraising the ware. Prou. 20. 14.
Deeds, as deceiuing ye seller with the money which is paid, in regard of the
Substance, or quality, being counterfeit.
Quantity, that is,
Waight Heere offend chiefly
Counterfeiters.
Clippers of coyne.
Number, as to deceiue in the tale, to giuegive 9. pence, for 12. pence, or 7. shillings 6. pence, for 10. shillings, &c.
To the former contracts we are to refer oppignoration, which is a contract partly of
Lending and borrowing vponupon a pawne.
Buying and selling, if the condition be not obserued.
The duty of the giuer of the Pawne is, not to deceiue the taker, in the worth thereof.
The duty of the lender vponupon a pawne is, to prouide onelyonly for his indemnity: as if hee hauehave to deale with a needy brother, either to
Take
None of him.
Such onelyonly as hee may well spare. Ex. 22. 26. Deut. 24. 6, 10, 11, 12, 13.
Restore it presently.
The contract which concerneth the alienation of the vse for hire, hath two parts:
Location or letting to hire.
Conduction or taking to hire.
The duty of him that letteth to hire, is to
Let that onelyonly which hath a fruitfull vse, which may be seuered from the property, which he reserueth to himselfe.
Require an hire proportionable to that vse, the impairing, hazard, and charge also being considered.
Let that which is fit for the vse to which it is let.
Beare the hazard, if it miscarry without the hirers default. Exod. 22. 15.
The duty of the hirer, is to
Vse the thing hired, onelyonly to that end for which it was let.
Restore it at the time appointed.
Restore it entire, of if it hath miscarried through his default, to make it good. Exod. 22. 12.
Opp. In the
Borrower, to lay a pawne of lesse value than the summe which is borrowed, with purpose to forfeit the same.
Lender,
To seeke gaine, by
Taking the fruitfull vse of the thing in respect of the loane; which is a spice of Vsury: Antichresis.
The forfeiture, prouiding not onelyonly for his indemnity.
To take a pawne of a needy brother, which hee cannot well spare, and not to restore it presently. Ezech. 18. 7, 12. …33. 15.
Opp.
To let that which hath no fruitfull vse, but is spent in the vse; which is vsury vnderunder pretence of letting.
To require an vnreasonable hire, and to take aduantage of the hire…s necessity.
To let that which is vnfit for the vse to which it is let.
To exact a recompence aboue couenant, for some harme which hath happened to the thing let, without the hirers fault.
Opp.
To abuse that which is hired, to other purpose.
Not to restore it.
Not to make it good, hauing by his default impaired or spoyled it.
Contracts, wherein is a commutation of mens skill, industry and labour for an equall stipend or reward, may be referred to the Contract of Location and conduction.
The duty of him that hireth another mans labour, is to
Allow him an equll stipend. 1. Tim. 5. 18.
GiueGive it him, if he be poore, without delay. Leuit. 19. 13. Deut. 24. 14, 15.
The duty of him that is hired, is to
Require a stipend proportionable.
Imploy his labour and skill faithfully, and diligently. Gen. 31. 6, 39, 40.
To this head are to be referred the fees and duties of Lawyers, Physicians▪ Chirurgians, Schoole-masters, and of all Artificers and Trades-men, who imploy their labour or skill for recompence.
Now follow those contracts wherein are committed to trust either
Things.
Persons.
Things, as goods cō mitted to
Depositaries, (to whom sequesters are to bee referred) whose duty is to
Keepe them safe.
Restore them to the owner, demanding them.
Make them good, if by his default they be impaired or lost. Exo. 22. 10, 11, 12.
Feoffees of trust, Executors, who are faithfully to discharge that trust reposed in them.
Opp.
Not to allow an equall stipend to men for then labour.
To detaine the poore mans hire. Iam. 5. 4.
Opp.
To require an vnreasonable allowance.
To deale
Negligently.
Vnfaithfully.
Opp.
To vse the things committed to their trust, (by which vse they are impaired) or to turne them to their owne profit.
Not to restore them, especially committed to their trust in a tumultuous time: as in feare of fire.
Not to make them good, hauing impaired or spoyled them.
Opp. In Feoffees and Executors, to deale vnfaithfully.
Persons committed to trust, are Pupils, or Orphans, committed to Tutors and Guardians.
Whose duty is,
1. To remember, that they are set ouer Orphans, not for their owne, but for the Orphans good.
2. As they succeed the naturall parents in authority, so they ought to succeed them in fatherly affection. Hest. 2 7.
The other branch of iust possession, is iust keeping: which containeth two things, the
Preseruing and retaining of our owne goods.
Restoring of that which is other mens.
Wee are bound to preserue our goods, as being Talents committed to vsus of God, and not to
Neglect them, or to expose thē (as it were) to pilserers and stealers.
Suffer them to be spoyled or lost. Ioh. 6. 12.
which are the opposite vices.
Quest. Whether for retaining our goods, and maintaining our right, it be lawfull to goe to Law?
Answ. It may be lawfull (though most men offend in going to law,) if these cautions bee obserued, viz. that
1. The cause be iust, weighty and necessary.
2. Charity be not broken.
3. It be vsed as the last refuge.
Restitution of other mens goods, which either
HaueHave been vnlawfully gotten.
Cannot lawfully bee retained.
Opp.
Not to seeke the Orphans, but their owne profit.
To make a prey of them, and to vse them not as children, but rather as slaues which are bought and sold.
Opp. To go to law,
For causes
Trifling.
Vniust.
In stomake and malice.
Not as the last remedy, but as present meanes to molest our neighbour.
Opp. To persist in the wrong, by not restoring.
Opp. To detaine them against the owners will.
Concerning restitution of things vnlawfully gotten, these 5. poynts are to be considered, viz.
1. That restitution is to be made. Leuit. 6. 4. 5. Num. 5. 6, 7, 8. 1. Sam. 12. 4. Luk. 19. 8. Mat. 27. 3. Ezech. 33. 14, 15.
2. Who is to make restitution: viz. eueryevery one that hath vniustly got, whether by force or by fraud, or by any vniust meanes whatsoeuer.
3. To whom? viz. to the party damnified, Leuit. 6. 5. or if hee be dead, to those who are next of kinne, Numb. 5. 7, 8. or for want of them, let him giuegive it to good vses.
4. How much? the full value at the least, Leuit. 6. 5. Numb. 5. 7. Luk. 19. 8. or if hee be not able, yet so much as hee can. Exod. 22. 3.
5. When? so soone as hee seeketh forgiuenesse at the hands of God. Num. 5. 6, 7, 8. Leuit. 6. 2. &c. Mal. 5. 23, 24.
Restitution also is to bee made of such things, as hauing come lawfully to our hands, cannot lawfully be detained against the owners good will, we being able to restore them: and these are things which either wee hauehave
Found, which we must esteem as committed to our trust, by the Lord, that wee may restore them to the true owner, if hee can possibly bee knowne. Exod. 23. 4. Deut. 22. 2, 3.
Receiued by contract, as things
Ali…nated for a time; as things le…t, let, or l…d to paw…e. Psal. 37. 21. Ezech. 18. 12.
Committed to our trust. Leu. 6. 2, 4.
Now followeth the right vse of our goods towards
Our selues, which is the fruition of them.
Others, which is the free communication of thē.
Prou. 5. 15, 16.
We are to enioy and to vse to our comfort, the good gifts of God. Eccl. 5. 17, 18. and heereto belong 2. vertues
Parsimony in the honest sauing and sparing of things, that they be not idly and vnprofitably wasted or spent. Prou. 27. 23, 24, 25, 26, 27.
Frugality, in the sober and moderate spending of our goods, according to our calling and ability, to profitable and needfull vses. Sit condus fortior promo.
To the free communication of goods to the good of others, Prou. 21. 21. two vertues are required:
Liberality, that wee communicate them willingly, and cheerfully.
Iustice, that we giuegive of our owne, without doing wrong to others.
Free communication of goods, is either for
A time, by lending. Psal. 112. 5. Deut. 15. 7, 8. Luk. 6. 35.
Euer, by giuing, to vses
Publike, both
Ciuill. 2. Sam. 17. 27, 28, 29.
Ecclesiasticall. Pro. 3. 9. Ex. 36. 5, 6. 1. Chr. 29. 9
Priuate, as Almes-giuing, and relieuing the necessities of our brethren. Hebr. 13. 16. Luk. 21. 4. … 12. 33. Math. 25. 35.
Opp.
Niggardlinesse, which keepeth men not onelyonly from communicating of goods, but also from enioying them. Eccl. 6. 2. … 4. 8. Ecclus. 14. 3, 4, 5, 6. and is a double theft.
Wasting and misspending, to vses
Vnnecessary aboue our power.
Dishonest.
Opp.
Couetousnesse.
Hard-heartednesse. 1. Ioh. 3. 17. Prou. 21. 13. Luk. 16. 23, 24.