The Catechizing of Families, Chapter 41
CHAP. XLI. Of the Eighth Commandement.
Qu. 1. WHat are the Words of the Eighth Commandement?
A. Thou shalt not Steal.
Q. 2. What is the Stealing here forbidden?
A. All injurious getting or keeping that which is …others.
Q. 3. When is it injurious?
A. When it is done without right: And that is …hen it is done without the Owners Consent, or by … fraudulent or forcible getting his consent, and with…ut just Authority from a superiour power, who may …arrant it.
Q. 4. What Power may allow one to take that which … anothers?
A. 1. God who is the only Absolute Owner of …, did allow the Israelites to take the Egyptians …nd Canaanites goods, and so may do by whom he …ill. 2. And a Magistrate may take away the goods …f a Delinquent who forfeiteth them: And may take …m an unwilling Subject such Tribute as is his due, … as much of his … as the Law alloweth him to take for the necessary defence of the Commonwealth; and may force him to pay his debts: And a Father may take from his Child who is but a conditional Subproprietor, what he seeth meet.
Q. 5. But what if it be so small a matter as will be no loss to him? Is it sinful Theft to take it?
A. Yes; if there be none of his Consent, nor any Law to warrant you, it is Theft how small soever the thing be. But if the common sence of Mankind suppose that men would consent if they knew it; or if the Law of God, or the just Law of Man enable you to take it, it is no Theft. And so God allowed the Israelites to pluck the Ears of Corn, or eat Fruit as they pass'd through a Vineyard in hunger, so be it that they carryed none away. And a man may gather a Leaf or an Herb for Medicine in another Mans Ground, because Humanity supposeth that the Owner will not be against it.aDeu. 23. 25. Mat. 12. 1. Luk. 6. 1.
Q. 6. But what if he can spare it, and I am in great necessity, and it be his duty to relieve me, and he refuseth?
A. You are not allowed to be your own Carver▪ The common good must be preferred before you… own. And if every one shall be judge when thei… Necessity alloweth them to take from another, th… Property and Right of all men will be vain, and the common Order and Peace be overthrown. And whil… you may either beg, or seek to the Parish, or Magistrate for Relief, there is no place for a just Plea o… your Necessity.
Q. 7. But should a man rather die by Famine than take from another that is bound to give, and will not?
A. If his taking will by encouraging Thieves do the Common-wealth more hurt than his Life will do good, he is bound rather to die than Steal. But I dare not say that it is so where all these following Conditions concurre: 1. If it be so small a thing as is meerly to save Life (as God allowed the foresaid taking of Fruit and Corn.) 2. If you have first tryed all other Means, as Begging or seeking to the Magistrate. 3. If by the Secresie, or by the Effect, it be no hurt to the Common-wealth but good: As for instance, If to save life one take an Apple from a Tree of him that is unwilling; or eat Pease or Corn in the Field: If Children have Parents that would famish them: If a company in a Ship should lose all their Provision save one mans, and he have enough for them all, and would give them none; I think the Law of Nature alloweth them to take as much as will save their Lives, against his will. If David the Lords Anointed and his six hundred men want Bread, they think they may take it from a churlish Nabal. bEven K. Ahab might not take Naboths Vineyard.If an Army, which is necessary to save the Kingdom from a foreign Enemy, should want Money and Food, and none would give it them, it seemeth unnatural to say that they should all famish and lose the Kingdom, rather than take Free Quarter, or things absolutely necessary from the unwilling. The Common-wealths right in every Subjects Estate is greater than his own, as the Common good is better than his. But these rare Cases are no excuse for the unjust taking of the least that is anothers without his consent.
Q. 8. But may not a Child or Servant take that Meat or Drink which is but meet, if the Parents and Masters be unwilling?
A. No, unless as aforesaid meerly to save Life. If Children have hard Parents they must patiently bear it: If Servants have hard Masters, they may leave them, or seek Remedy of the Magistrate for that which they are unable to bear. But the World must not be taught to invade other mens Property, and be Judges of it themselves.
Q. 9. But what if he owe me a debt and will not pay me, or keep unjust possession of my goods, may I not take my own by stealth or force, if I be able?
A. Not without the Magistrate, who is the Preserver of common Order and Peace, when your taking it would break that Order; and such liberty would encourage Robbery. If you take it, you sin not against his Right, but you sin against the greater Right and Peace of the Common-wealth.
Q. 10. But what if I owe him as much as he oweth me, may I not stop it, and refuse to pay him?
A. Yes, if the Law and common good allow it; but not else: For you must rather lose your Right than hurt the Common-wealth by breaking the Law which keeps its Peace.
Q. 11. What if I win it by Gaming or a Wager; when he consented to run the hazard?
A. Such Gaming as is used in a covetous desire of getting from another, without giving him any thing valuable for it, is sinfull in the winner and the loser; And anothers covetous sinfull consent to stand to the hazard, maketh it not lawful for you to take it. You forfeit it on both sides, and the Magistrate may do well to take it from you both. But if a moderate wager be laid, only to be a penalty to the loser for being Confident in some untruth, it's just to take his wager as a penalty, and give it to the Poor. But the just Law of Exchanging rights by contract is, to take nothing that is anothers, without giving him for it that which is worth it.
Q. 12. Is it lawful to trye Masteries for a prize or wager: As running of Men, or Horses, Cock-fights, Fencing, Wrestling, contending in Arts, &c?
A. It is not lawful to do it: 1. Out of Coveteousness, desiring to get another mans money, though to his loss and grief: 2. Nor by Cruelty, as hazarding mens lives by overstriving, in running, wrestling, fencing, &c. But if it be used as a manly Recreation, and no more laid on the wager than is meet to be spent on a Recreation, and may be justly spared without Coveteousness, or hurting another, I know not but it may be lawfully done.
Q. 13. What are the rules to avoid sinful injury in buying and selling?
A. 1. That you give the true worth, that is, the Market-price for what you buy, and desire not to have it cheaper, unless it be of a rich man that abateth you the price in kindness or Charity, or one that having bought it Cheaper can afford to sell accordingly. cLev. 25. 14. Prov. 20. 14.And that you neither ask nor desire more than the said true worth for what you sell, unless it be somewhat that you would not otherwise part with, which is worth more to some one man than to others, or one that in liberality will give you more.
2. That you do as you would be done by, if you were in the same circumstances with the other; supposing your own desires just.
3. That you work not on the ignorance or necessities of another, to get more or take less than the worth.
4. And therefore that you deceive him not by hiding the fault of what you sell, nor by any false words or wiles.
5. That if a man be overseen, you hold him not to his bargain to his loss, if you can release it without a greater loss. Yet that you stand to your own word to him if he will not discharge you. More I omit.dAmos 8. 6.
Q. 14. Is it lawful to take Usury, or gain for Money lent?
A. The great difference of mens judgments about Usury, should make all the more Cautelous to venture on none that is truly doubtful. I shall give my Judgment in some Conclusions.
1. It is evident that Usury of other things as well as of Money was forbidden the Iews, Deut. 23. 19, 20. Lev. 25. 36, 37. Exod. 22. 25. And by Usury is meant any thing more than was lent taken for the use of it.
2. It is manifest the word [Nesheck] fignifying biting, Usury, that it is unmerciful hurting another that is here meant.
3. It is manifest that it was to the Poor that this manner of lending was not to be used: And that only to a Brother or Israclite, who also might not be bought as a forced Servant; But to a Stranger it was lawful.
4. The Israelites then used no Merchandize, or Buying and Selling for gain. They lived on Flocks, Herds and Vineyards and Figtrees. So that it is only taking usury of any thing that was lent to the needy, when Charity bound them to relieve them by lending, that is here meant.
5. To exact the Principal or thing lent was as truly forbidden, when the Poor could not pay it: And so it was to deny to give him freely in his need.
6. All this plainly sheweth that this supposeth a case in which one is bound to use Mercy to another in want, and that it is meer unmercifulness that is here forbidden.
7. The Law described the sin, and the Prophets when they speak against Usury do but name it; making no new Law, but supposing it described in the Law before.
8. The Law of Moses as such bound not the rest of the World, nor bindeth Christians now, 2 Cor. 3.
9. Therefore there is no Usury forbidden but what is against the Law of Nature, or the Supernatural Revelation of Christ
10. The Law of Nature and of Christ forbid all Unjustice and Uncharitableness, and therefore all Usury which is against Iustice or Charity. Every man must in Trading, lending and giving keep the two Grand precepts; [Do as you would (justly) be done by] and [Love your Neighbours as your selves.]
11. To take more for the Use than the use of the Money, Horse, Goods or any thing was really worth to the User, is injustice. And to take either Use or Principal when it will do more hurt to him that payeth it, than it is like to do good to our selves or any other to whom we are more obliged, is contrary to Charity: And so it is, Not to Give where we are obliged to give.
12. Merchandize or Trading by buying and selling for gain is real Usury. They that lay out Money on goods, and sell them for more than they gave for them, do take use or increase for their Money of the buyer: which was forbidden the Israeliets to Poor Brethren. And it is all one to make a Poor man pay one Shilling in the Pound for the use of the Money to buy Cloth with, as to make him pay one Shilling more than was paid for the cloth. And if a Draper be bound to lend a Poor man money to buy Cloth without use, he is as much bound to sell him Cloth without gain.
13. Merchandize or Trading for gain is not unlawful, being used without injustice and uncharitableness.
14. Every one that hath Money is not bound to lend it at all: And not to lend it at all, is as much against the good of some borrowers, as to lend it and take but what the use of it was worth to them.
15. No more must be taken for Use, than the User had real Profit by it; unless it be when the Rich are willing to pay more, or run the hazard, or what a man loseth by one bargain he gets by another.eDeu. 23. 20.
16. Some Usury is an Act of great Charity: viz. A Landlord offereth to sell his Tenant his Land for much less than the worth: The Tenant hath not Money to buy it: A Rich Neighbour told him [The Land is also offered to me; but if you will, I will lend you Money on use to buy it, and pay me when you can.] It was Wood▪ Land: The Tenant borrows the Money; and in two years sells the Wood which paid it all, and had the Land for almost nothing. Was not this charitable Usury.fMat. 25. 27. Luk. 19. 23.
I knew a worthy Person that trading in Iron works, did partly for himself and partly in Charity, take to Use the Moneys of many honest mean people, that knew not else how to live or to use it; and from a small Estate he grew to purchase at least Seven thousand pound per Annum to himself and his Sons; was there any uncharitableness in this Usury?gProv. 22. 16.
17. It is great uncharitableness in some, not to give use for Money, and Cruelty to set it out without use: As when poor Orphans are left with nothing but a little Money to maintain them, and abundance of Poor Widdows that have a little Money, and no trade to use it in, and must beg if they presently spend the stock; If they lend it the Rich or those that gain by it in trading, the gainers are unmerciful if they pay not use for it, as well as unjust.
18. They that say, we must not lend to make men rich, but only to the needy, do put down all common Trading: And forbid most young men to marry: For that which will maintain a single man plentifully, will not maintain a Wife and Children, and provide them necessary Portions: And if he must not endeavour to grow richer than he is, how shall he maintain them, who had but enough for himself before? And how shall he be able to relieve the Poor, or do any such good works, if he may not endeavour to grow richer?
Q. 15. If a Merchant find that it's usual to deceive the Custom-house, or poor men think Chimney-Money or other Legal Taxes to be an Oppression, may they not by Concealment save what they can?
A. No: The Law hath given it the King, if you like not to be his Subjects on the Terms of the Law, remove into another Land; If you cannot, you must patiently suffer here: It is no more lawful to rob the King than to rob another man.
Q. 16. Is it necessary to restore all that one hath wrongfully got?
A. Yes, if he be able.hEx…. 22. 5, 6, 12. Lev. 6. 4. Luk. 19. 8.
Q. 17. What if he be not able?
A. If he can get it by his Friends, he must; if not, he must humble himself to him that he wrong'd, and confess the debt, and bind himself to pay him if ever he be able.
Q. 18. But what if it be a malicious man, that will disgrace or ruine him if he know it: Is he bound to Confess it?
A. Humanity it self will tell a man that Repentance is the greatest Honour, next to Innocence; and that a Repenting person that w…ll do it at so dear a rate, is unlike to wrong him any more: And therefore we may suppose that there are few so inhumane as to undo such a penitent. But if he that knoweth him have good cause to judge that the injured person will make use of his Confession, …. To the wrong of the King or the Commonwealth, or the Honour of Christianity, or to a Greater hurt of the Confessor than the Confession is like to prove a good to any, he may then forbear such a Confession to the person injured, and send him secretly his Money by an unknown hand: or if he cannot pay him, Confess it to God and his spiritual Guide.
Q. 19. What if a man can restore it, but not without the wrong or ruine of his Wife and Children, who knew not of his sin?
A. His Wife took him with his debts, as he did her; and this is a real debt: She can have no right by him in that which he hath no right himself to: And …e cannot give his Children that which is none of …is own.
Q. 20. What if I wrong'd a Master but in some small matter in Marketting, which is long since gone?
A. The debt remaineth: And if you have the Value you must offer satisfaction; Though its like, that for …mall things few will take it; But you must Con…ess the fault and debt: And forgiveness is equal to …estitution.
Q. 21. What if those that I wronged be dead?
A. You owe the value to those that they gave …heir Estate to: Or if they be dead, to the next …eirs: And if all be dead, to God in some use of Charity.
Q. 22. What if any Father got it ill, and left it …s?
A. He can give you no Right to that which he …d none to, himself; sinfull keeping is Theft as well …s sinfull getting.
Q. 23. What if the thing be so usual as well as small, as that none expect confession or restitution: As for Boyes to rob Orchards?
A. Where you know it would not be well taken, Restitution is no duty: But if you have opportunity it is safest to confess.
Q. 24. Is it Thievery to borrow and not pay?
A. Deceitfull borrowers are of the worser sort of Thieves, against whom one cannot so well save his Purse as against others: And they would destroy all charitable lending by destroying mutual belief and trust. Many Tradesmen that after break, do steal more and wrong more than many High-way Robbers that are hanged. But it is not all Breakers that are so guilty.iRom. 13. 8, 9.
Q. 25. What borrowing is it that is Theft?
A. 1. When you have no intent to pay. 2. When you know that you are not able to pay, nor like to be able. 3. When there is a great hazard and danger of your not paying, with which you do not acquaint the Lender, and so he consenteth not to run the hazard.kPsal. 37. 21.
Q. 26. What if it would crack my Credit, and ruin my Trade if I should reveal the hazard and weakness of my Estate?
A. You must not rob others for fear of ruine to your self. If you take his Money without his Consent, you rob him. And no man that is Ignorant i… said to consent: If you hide that which would hinde him from consenting if he knew it, you have not really his consent, but rob him.
Q. 27. What is the duty required in this eighth Commandement?
A. To further the Prosperity or Estate of your Neighbour as you would do your own, that is, with the same sincerity.
Q. 28. Must a man work at his Trade for his Neighbour as much as for himself: Or as much use his Estate for others?
A. I said [with the same sincerity] not in the same manner and degree. For there are some dutyes of Beneficence proper to our selves as the Objects, and some common to others. And as Nature causeth the Eye to wink for it self, and the Gust to taste for it self immediately, and yet also consequently for every Members good, and principally for the whole Man, so every Man must get, possess and use …hat he can immediately for himself. But as a Member of the Body which hath a due regard to …e good of every Member, and is more for the …hole than for himself.l1 Cor. 12. 21. Eph. 4. 28.
Q. 29. Who be the greatest breakers of this Com…andement?
A. 1. They that care for no body but themselves, …d think they may do with their own as they list; … if they were absolute Proprietors; whereas they …e but the Stewards of God: And it is the pleasure … the Flesh which is the use they think they may …t all their Estates to.
2. Those that see their brother have need, and …at up the bowels of their compassion from him: mDeu. 15. 11. Eph. 4. 28. Iam. 2. 16. 1 Ioh. 3. 17. Mat. …. Prov. 31. 20. Psal. 72. 13. Ezek. 16. 49.that is, Relieve him not, when it is not for want o… ability, but of compassion and will. Or that drop but some inconsiderable pittance to the Poor, like the crumbs or bones to the Dogs; the leavings of the Flesh, while they please their Appetites and Fancies with the rest, and live as he Luk. 16. who wa… cloathed in Purple and Silk, and fared sumptuously or deliciously daily, while the Poor at the door had but the Scraps. That make so great a difference between themselves and others, as to preferre their own Superfluities and Pleasures, before the Necessitie of others, even when multitudes live in distressing Poverty.
3. Those that live Idly, because they are nProv. 31. 2 Thess. 3.ric… or slothfull, and think they are bound to labour fo… none but themselves: whereas God bindeth all tha… are able, to live in some profitable Labour for others and to give to them that need. So also they that b… Prodigality, Drunkenness, Gaming, Luxury or othe… Excess, disable themselves to relieve the Poor.
4. Those that out of a covetous worldly Mind, hea… up Riches for themselves and their Children, †Nabal.t… leave a Name and great Estate behind them (th… their Children may as hardly be saved as themselves;) As if all that they can gather were thei… Childrens due, while others better than they are u… terly neglected.
5. Those that give with grudging, or make to… great a matter of their Gifts, and set too high … Price upon them, and must have it even extorte from them.
6. Those that neglect to pay due wages to them that labour for them, and would bring down the Price below its worth, so that poor Labourers cannot live upon it: And that strive in all their Bargainings to have every thing as cheap as they can get it, without respect to the true worth, or the Necessities of others.o1 Tim. 5. 8. Iam. 5. 4, 5.
7. Those that help not to maintain their own Families and Kindred as far as they are able.
Q. 30. Who are the greatest Robbers, or breakers of both parts of this Command, Negative and Preceptive?
A. 1. Emperours, Kings and other Chief Rulers, who oppress the People, and impoverish them, while they are bound by Office to be Gods Ministers for their good.pExo. 3. 9, 10. Psal. 12. 5, 6. Prov. 28. 16. Psal. 73. 8. Eccle. 4. 1, 2. 1 Sam. 12. 3, 4.
2. Soldiers who by unjust Wars destroy the Countreys, or in just war unjustly rob the People: O the Woful ruines that such have made? So that Famine hath followed the Poverty and desolations, to the death of Thousands.
3. Unrighteous Judges, who for Bribes or Partiality, or culpable ignorance, do fine righteous men, or give away the Estates of the just, and do wrong men by the pretence of Law, Right and Justice, and deprive the just of their remedy.
4. Perfidious Patrons, who Simoniacally Sell, or Sacrilegiously alienate, the devoted maintenance of the Church.
5. Much more those Rulers and Prelates who …actiously, maliciously or otherwise culpably, silence and cast out Faithful Ministers, Sacrilegiously alienating them from the Work of Christ, and the Churches service, to which they were consecrated and devoted, and casting them out of their publick ministerial Maintenance.q2 Cor. 7. 2.
6. All Persecutors who unjustly fine men and deprive them of their Estates, for not sinning against God by Omission or Commission: especially when they ruine multitudes.
7. Cruel, oppressing Landlords who set their poor Tenants such hard Bargains as they cannot live on.rIsa. 5. 7. Ier. 6. 6.
8. Cruel Lawyers, and other Officers, who take such Fees as undo the Clients; so that men that have not Money to answer their Covetous expectations, must lose their right.
9. Unmerciful Physicians, who consider not the scarcity of Money with the Poor; but by Chargeable Fees and Apothecaries bills, put men to die for want of Money.sIs… ▪ 3. 12. & 19. 20. & 16. 4.
10. Unmerciful Usurers and Creditors, that will not forgive a debt to the poor, who have it not to pay.
11. People that rob the Ministers of their Tythes.
12. Cheaters, who by Gaming, false Playes, and tricks of Craft, or false Writings, Concealments, o… by quirks in Law that are contrary to Equity, d… beguile men of their right; tLev. 19. 13. 1 Cor▪ 6. 7…. 8. 1 Thes. 4. 6.And especially th… Poor, who cannot contend with them: Yea and some their own Kindred.