The Practical Divinity of the Papists Discovered to be Destructive, Discourse · Chapter 8 · Section 8
SECT. VIII.
FOR theft, they teach, that to ſteal any thing of ſmall value is but a Venial fault; for this is the Rule they univerſally proceed by, (k)Aquinas 1, 2. q. 88. art. 5. & 6. & 22. q. 3. art. 5. & q. 59. art. 4, 5. Antoninus. 2. per tit. 4. c. 5. Sect. 7, & 8. Adrian. quodlib. 8, in Navar. c. 17. n. 2.the ſmalneſs of a thing in all cauſes, excuſes from mortal ſin; and thus far all are incouraged to ſtcal, not only ſtrangers, but Children from (l)Cajetan ſum. v. furtum. Adrian in 4. de reſtit. Navar. c. 17. n. 138. Sylveſt. ſum. v. ſurtum. n. 16. Graff. l. 2. cap. 92. n. 25.their Fathers, and Wives from their Husbands, and Servants from their Maſters.
1Bonacin. de reſtit. diſp. 2. q. 10. punct. ult. n. 2.A Servant may be excuſed from mortal guilt, if he ſteal from his Maſter by little and little; though in time it come to a conſiderable ſum; provided he convert it to his own uſe; he ſhould not, it ſeems ſteal for others too, unleſs he do it out of Charity.
2Pet. Navar. et Bonacin. ibid. punct. 1. n. 5. longe majorem ſummam.A Son may ſteal more from his Father, than ſtrangers or ſervants may do; he muſt be regulated herein by his fathers Eſtate; this love and indulgence to him, the greater that it is, the more he may ſteal from him. They excuſe him if he ſteal from his Father the ſum of three Crowns; they ſay not, that it may not be a greater, but only it ſhould not be a far greater ſum.
3Lopez. Navar. & alii in Bonacin. ibid. n. 6. in ludos—recreationem etiam luxurioſam.Accordingly he may ſpend what he gets from his Father, in gaming, or in recreations, not only ſuch as are honeſt, but alſo luxurious, without any more guilt.
4Sairus Saeonius & alii cum Bonacin. ibid poſſit filius clam accipere juxta prudentis confeſſarii arbitrium.If his Father allow him not, what others of his condition do, he may filch from him privily, what a prudent Confeſſor thinks fit. Thus mens Eſtates will be at the Confeſſors diſcretion, and as much may be ſtoln from them, as their Prieſts pleaſe.
5Angelus. Navar. Bartolus. Baldus & alii in Bonacin. ibid. n. 8:Or if he do buſineſs for his Father, his expences deducted, he may keep to himſelf as much as a ſtranger would have for ſuch Service.
Now that we may know, when theft will be a mortal crime, it muſt be known of what value the thing ſtoln muſt be, to make it ſo: and this not being determined by any law natural, divine or humane; they agree, that (m)Quae tamen parvitas excuſat a peccato mortale, communis eſt opinio, ſtandum eſſe arbitrio boni viri. Graff. ibid. n. 20. vid. Navar cap. 17. n. 2.this muſt be determined by the judgment of a good man; and who better than the Caſuiſts ſince they ought, and are preſumed, to be, both knowing and Conſciencious? let but them conclude (and they have done worſe, in many caſes) that things of greate worth are not of value ſufficient, to make the ſtealing thereof, to be a mortal ſin, and then theft neither little nor great will be criminal. Thus this command of God (as the reſt are) will be made of none effect by this diſtinction. An engine which (as they work it) ſerves to deſtroy both Law and Goſpel; and to ſink Chriſtianity, in morals, many degrees below Heatheniſm. Let us ſee what progreſs they have made herein, and whether they have not done it in effect already. They teach, (n)Navar ibid. Graff. ibid. n. 16.that to ſteal any thing, though in it ſelf ſmall, yet of great value in the account of the owner, and of much conſequence to him; ſo that the damage he ſuffers by it, and the trouble it gives him, is really great: yet if the thief did not, or could not know it, it is but Venial. Yet the reaſon, why they count the ſtealing of a ſmall thing, to be but a little fault; is (o)Si minimi erit pretii-nemo mortalem eſſe culpam affirmabit ex D. Thom. et ratio eſt quia praeſumitur non eſſe omnino contra voluntatem ejus qui hoc patitur. Graff. l. 1. c. 14 n. 5. Nav. ibid. n. 5.becauſe, the owner is preſumed, not unwilling, the ſtealer ſhould have it, it being no conſiderable loſs, or trouble to him: but this cannot be preſumed in the now mentioned caſes. And if theft whether of ſmall or great conſequence, whether with or without that, which makes little theft to be Venial, be ſtill no worſe than Venial, than will no theft be mortal. They alſo teach, that (p)Tradunt Medina. Angelus. Pet. Navar Malderus & Plures alii in Dian. p. 2. l. 3. mis. res. 29. Quamvis non ſit in neceſſitate extrema excuſari tamen poteſt a toto, furtive ſubripiendo Sylveſt. ſum. v. futum. n. 10. Navar. ibid. vid. Angelum. One in extream neceſſity may kill the owner if he would hinder him from ſtealing, ſi a domino impediatur poteſt ſe tueri et occidere impedientem. Bonacin. de reſtit. diſp. 1. q. 8. punct. 3. n. 4.thoſe who are in need, though it be not extream, but ſuch only, as would be counted great, may ſteal from others for their relief: (q)Communis eſt opinio quam re…ert Sylveſt. quod non teneatur ad reſtitutionem ſi ad pinguiorem fortunam pervenerit is—qui in magna neceſſitate ſurripit. Graff. l. 2. c. 93. n. 11.nor are they bound to make reſtitution, when they have got a good eſtate. Thus theft will be made as common as moderate indigence: and the practice being continued, as long as there is need, it may amount in a while, to a conſiderable ſum; yea when the neceſſitous are grown rich, thoſe whoſe eſtates are impaired by ſuch thefts, ſhall have no reparation. Thus a wide door is opened, for common thievery in conſiderable quantities; without any reſtraint, either from reſpect to ſin, or to ſatisfaction. Further, (r)Corduba. Navar. Lopez. pars. 2: Cap. 93. p. 414.when ſo many perſons in no neceſſity, take each of them a little fruit from a Vineyard or an Orchard, or a little corn from a field, that there is nothing at all left for the owner: yet if they did not conſpire together to do this, it is a ſmall fault. And thus any men of eſtates, (ſince it holds in other caſes, no leſs than thoſe ſpecified) may be utterly impoveriſhed; and yet thoſe that ruine them, be guilty of nothing that they need regard. Moreover, when any one without any need, continues ſo long in the ſtealing matters of leſs worth, from one perſon or many, that in time they riſe to a great value; and the thief thrives into a good eſtate thereby, without deſigning it: this altogether, is no more then a Venial fault; nor will it be worſe, though he never make reſtitution, if there was any conſiderable interval betwixt the acts of theft (s)Navar. c. 17. n. 139. Graff. l. 2. c. 92. n. 18.(ſay ſome); no, nor if there were no ſuch intervals (ſay (t)Angeſtus in Lopez. ibid. p. 416.others.) The conſequences of which is, as Lopez obſerves, (u)Tabernarius ſeu quilibet negotiator poſſet diteſcere ſine mortall, et ſtatum decentem fundare, et ſingulos emptores in modico menſuras curtando defraudare, totam civitatem ſic depilando. ibid. p. 14.that any Inn-keeper or Tradeſman may grow rich, and raiſe a fair eſtate, without mortal ſin, by defrauding all that buy of them, a little, in falſe meaſures, and ſo fleecing a whole Town. And why might not they as well conclude, that he who beats another, ſo it be but with little blows, though he beat him to death, offends but Venially? theſe of old were thought (x)Nihil reſert, an paulatim, an ſimul aliquem interimas, vel ſpolies. Jerom. ibid.alike. They conclude alſo, that ſuch a quantity may be ſtoln, as is ſufficient to make it a mortal ſin, without ſinning mortally, if it be for a good end. Theſe are ſome of the inſtances they give. 1. A (y)Communis ſententia ampliatur, ut non tantum pro ſe, ſed etiam pro alio exiſtente in extrema neceſſitate quis occulte ſubtrahere poſſit. Graff. c. 93. n. 12. Navar. c. 17. n. 118. If a man be in mortal ſin, his Wife may take of his goods privily, and give them away in Alms, for his converſion. Bonacin. de reſtit. diſp. 2. q. 10. punct 2. n. 9.man may ſteal to give Alms; We need not wonder at this, ſince they think not much to rob Chriſt of his honour in all their good works: and ſo commit the worſt kind of robbery (the higheſt Sacriledg) in their beſt acts; arrogating that to them, which is Chriſts peculiar; ſatisfaction and merit. And then, that the Charitable thief, if he become rich, is not bound to reſtore what is ſtoln, is the (z)in Navar. ibid.common opinion. Alſo one may ſteal (a)Antoninus quem ſequitur. Nav. ibid. n. 5. p. 282.money from another, rather then he ſhall venture it in gaming; for it it is good divinity with them (whatſoever it was with the Apoſtle) that one evil may be done to hinder another, (b)Licet inducere ad minus malum, paratum jam ad majus malum: ut ſi quis proponit interficere, aut adulterari quis, licet ei perſuadere percutere aut fornicari, contra fratrem Joſephum, qui limitat hanc ſententiam ad peccata quae non ſunt intrinſeca mala ſed cenſe… ſententiam hanc generaliter eſſe tenendam, prout eam tenet Navarrus, et Cajetanus, Lopez. pars. 1. cap. 58. p. 297. Adrianus, Cajetan. Sotus. quos ſequitur Navar. cap. 14. n. 40. Luxurioſo ſancte conſulitur ut non adulteretur, ſed fornicetur. Cajetan. ſum. v. Tyrannis. Medina, Sotus, Adrian exiſtimant—non tantum licere ſuadere minus furtum latroni, ſed etiam ipſum comitari, imo etiam adjuvare. in Vaſq. opuſc. Moral. p. 24. dub. 2. Bonacin. de reſt diſp. 1. q. 2. punct. 7. n. 9.and that not only in other ſins (as Fryer Joſeph would limit it) but ſuch as are intrinſecally evil: for example; If one be about to commit adultery, it will be a lawful (a holy act) to beſeech, and perſwade him to commit fornication. Or nearer the matter in hand; if one be ready to ſteal an hundred pounds, I may adviſe him to ſteal fifty; and ſo perſwade to a mortal ſin with ſome moderation. They think it not only lawful to perſwade a thief to a ſmaller robbery, but alſo to accompany and aſſiſt him therein. Further, a (c)Sylveſt. v. furtum. n. 15. Navar. cap. 17. n. 154. Graff. l. 2. c. 92. n. 26:woman if her Husband be profuſe, may againſt his command take away his goods, and conceal them, to provide for the future. If a man be diſtracted, or if he be abſent, his Wife may ſpend more of his eſtate than he would do, if he were ſober or preſent. Bonacin ibio. Finally, they all agree, that to ſteal any thing of what value ſoever inconſiderately, that is, without full and perfect deliberation, is but a Venial Treſpaſs. And how he can be obliged to reſtore, it by their Principles, I underſtand not: ſince they hold that (d)Adrian. 4. de reſtit. fam. ad 8. Sylveſt. v. culpa. q. 4. in Fill. tr. 32. n. 32.no man is bound to make reſtitution, but for a mortal offence. If in a matter that is weighty, the …ult be Venial, for want of full conſideration, it will not be ſo much as (*)Sylveſt. & alii ibid.a ſmall fault, not tomake reſtitution, how much ſoever be ſtoln inconſiderately. By theſe and ſuch like rules, they have opened a way, to make thievery ſmall or great, practicable; without any ſin or danger, but what is ſmall and inconſiderable in their account. Scholars and thoſe who count good Books their treaſure, are by their Doctrine expoſed more particularly, for they teach, that to take away haeretical Books, from ſuch as have not Licence to read them, is no theft; Bonacin. de reſtit diſp. 2. q. 8. punct. 1. n. 1. So that it will be no fault at all, to rob one of the beſt part of his Library, how valuable ſoever.
They open as wide a gap, and give as much encouragement to …eating, and like unconſcionable practices. They teach there is no neceſſity to be regulated in bargaining, by the juſt value of things: but they may ſell for as much as they can extort, and buy anſwerably; and this they take for a general Rule; (e)Juſtum praetium reputatur quod abſ que fraude extorqueri poteſt. Ità, Bannes, Medina, Arragon, Villalobos, Bonacina, & alii in Dian. 1. p. tr. 8. reſ. 55.a thing is worth ſo much as it can be ſold for. Hence Sylveſter concludes it lawful, (f)Res tantum valet quantum vendi poteſt—Et ſecundum hoc licet cuilibe… carius vendere, aut vilius emere quantum poteſt. Sumv. Emptio. n. 10.for any one to ſell as dear, and buy as cheap as he can, which unlimited, gives liberty to all to prey upon one another, without equity or conſcience. So one may buy a thing of great value (g)Vid. Cajetan. Sum. v. Emptio, p. 138.though he knows it and the owner underſtands it not, for a ſmall matter, nor (h)Emptor non tenetur ei explicite affirmare quantum valet: quam habeat alios, unde poſſit inquirere et ſcire. ibid.needs be declare it, when he apprehends that it is much more worth; ſince that may be enquired of others. They conclude, that falſe meaſures and weights may be uſed, though the buyer be hereby deceived and damnified, and the cuſtom it ſelf to be a corruption: yet they are excuſed who uſe them, (i)Tabernarii dantes vini menſuram diminutam ſecundum Arc. non excuſantur: quia decipiunt & damnifiant emptores, non obstant… contra… conſuetudine, quae eſt corruptela: niſi hoc faciunt ad ſuam indemnitatem, vel lucrum moderatum: puta, quia ſi darent plenas, oporteret pretium augere, ut conſequenter n…llos aut paucos invenirent emptores. Sylv. Sum. ibid. n. 20. Vid. Soto, de juſt. & jur. lib. 6. q. 3. art. 2.if they do it for their own ſecurity, or for moderate gain; as if in caſe, they ſhould give full meaſure, the price would be greater, and conſequently they would have few or no Cuſtomers. So, by their Rules, they may further deceive thoſe that deal with them, by ſelling one thing for another, or adulterating what they ſell; and ſo cheat them not only in the meaſure, but in the quality, yea or the ſubſtance of the Commodity. Inſtances hereof we have in Soto: Corn or Wine, when it is more worth than the ſet rate, the Merchant may fell it (k)Soto, ibid. p. 198.by falſe meaſure, thereby to get his price. If a (l)Ibid.man have very good Wine, but people, if they did not take it for Rheniſh, would not give ſo good a price for it; he may ſell it at the rate they would g…ve for Rheniſh, though it be not. So he may (m)Eadem ratione, & aqua poſſit vinum diluere. Idem ibid.mix his Wine with water, and ſell it for pure, taking but a juſt price; as for example; (n)Ibid.In caſe Wine were ſo dear, that ſcarce any would buy it at the price it is worth; he may mix it with water, and ſell it at the rate they will give. So (o)Idem ibid.Cloth or Silks may be ſold for that of ſuch a Countrey which is moſt eſteemed, though it be of another. Theſe concluſions, he ſays, are collected out of Aquinas, and to compleat theſe Cheats, he tells us (p)Forſan venditoris mendacium in talibus caſibus, ſi alioqui praedicto modo ſervetur juſtitia, non eſt pernitioſum. Idem …bid. p. 199. quem ſequitur in his omnibus, Tol. inſtr. l. 8. c. 49.that if perhaps the Seller ſhould lie too, in theſe caſes (for example, if he ſhould affirm, that to be Rheniſh Wine which is not, or that to be pure which is adulterated, or that to be full meaſure which is ſhort of it, &c.) it would not be a mortal ſin. And Sylveſter determines, that a man with perjuries and lies, denying the badneſs of his Commodities, or making them better than they are; (q)Sum. Ibid. n. 22.the lies, if they do not much damnifie the Buyer, are but Venial. They allow perſons alſo to deceive thoſe who intruſt them to diſpoſe of their Eſtates, or Goods. As, if one be employed to ſell what is anothers (r)Si accipit certo pretio ven dendum, retinere poteſt id quo pluris illud vendiderit, niſi exceſſerit pretium rigoroſum. Navar. c. 23. n. 97.at a certain price, if he ſell it for more, he may keep the over-plus to himſelf; yea, ſay (s)Angel. Sum. in Sylv. ibid. n. 25.ſome, though he had a reward for his pains in ſelling, yet he may retain to himſelf the overplus of what is ſold.
Further, Panormitan (t)Dicit etiam Panormitan quod jura Canonica permittentia deceptionem uſque ad dimidium, intelligi debent quando venit deceptio reipſa, in Silv. ibid. n. 9.takes notice, that their Canon-law allows of deceit, if it be not extended beyond half the worth of the thing bargained or, (that is, if a man be not cozened of above fifty per Cent. in a bargain) But then to ſalve the reputation of the Law (which he like a true Canoniſt, ſays, was formed by the inſtinct of the holy Ghoſt), he will have it underſtood of deceit in the thing, not of fraud in the perſons, and others after him; but Sylveſter who ſees no ground for that, uſes another ſhift; (u)Ego dico quod loquitur in foro contentioſo, ſive deceptio ſit ex re, ſive ex dolo: non quia illum approbat, ſed quia tolerat. Ibid.he ſays it may be underſtood, either of deceit in the thing, or fraud in the perſons, which their Law tolerates, but approves not. Cajetan grants ſo great deceit (x)Jure humano dicitur licitum decipere citra dimidium juſti pretii: ſed lex domini immaculata eſt, &c. Sum. v. emptore.is lawful, by humane conſtitution: but ſays, it is condemned by the law of God; and ſo we leave this ſhameful Deceit, lawful by the Popes Decrees, but damnable by Gods Word.