from by the words, letters, and figures which are
usually made use of in quoting from these works. Some part of what I shall
quote will be in Latin: but I shall put nothing in that language of which
I will not give you the translation. I beg you to read these quotations
with the greatest attention; for you will find, at the end of your
reading, that you have obtained great knowledge upon the subject, and
knowledge, too, which will not soon depart from your minds.
18. I begin with SIR MATTHEW HALE, (a Chief Justice of the Court of King's
Bench in the reign of Charles the Second,) who, in his PLEAS OF THE CROWN,
CHAP. IX., has the following passage, which I put in distinct paragraphs,
and mark A, B, and C.
19. A. "Some of the casuists, and particularly COVARRUVIUS, Tom. I. _De
furti et rapinae restitutione_, Sec. 3, 4, p. 473; and GROTIUS, _de jure
belli, ac pacis_; lib. II. cap. 2. Sec. 6, tell us, that in case of extreme
necessity, either of hunger or clothing, the _civil distributions of
property cease_, and by a kind of tacit condition the _first community
doth return_, and upon this those common assertions are grounded:
'_Quicquid necessitas cogit, defendit._' [Whatever necessity calls for, it
justifies.] '_Necessitas est lex temporis et loci._' [Necessity is the law
of time and place.] '_In casu extremae necessitatis omnia sunt communia._'
[In case of extreme necessity, all things are _in common_;] and,
therefore, in such case _theft is no theft_, or at least not punishable as
theft; and some even of our own lawyers have asserted the same; and very
bad use hath been made of this concession by some of the _Jesuitical_
casuists of _France_, who have thereupon advised apprentices and servants
to rob their masters, where they have been indeed themselves in want of
necessaries, of clothes or victuals; whereof, they tell them, they
themselves are the competent judges; and by this means let loose, as much
as they can, by their doctrine of probability, all the ligaments of
property and civil society."
20. B. "I do, therefore, _take it_, that, where persons live under the
same civil government, _as here in England_, that rule, at least by the
laws of _England_, is false; and, therefore, if a person being _under
necessity for want of victuals_, or clothes, shall, upon that account,
clandestinely, and '_animo furandi_,' [with intent to steal,] steal
another man's goods, it is felony, and a crime, by the laws of _England_,
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