The pattern of catechistical doctrine at large, or, A learned and pious exposition of the Ten Commandments with an introduction, containing the use and benefit of catechizing, the generall grounds of religion, and the truth of Christian religion in particular, proved against atheists, pagans, Jews, and Turks / by the Right Reverend Father in God Lancelot Andrews ... ; perfected according to the authors own copy and thereby purged from many thousands of errours, defects, and corruptions, which were in a rude imperfect draught formerly published, as appears in the preface to the reader.

CHAP. IIII.

Of unjust getting in general. The kindes of unjust getting. 1. By rapine and violence, 2. By fraud. The first is either under pretence of authority, or without any pretence. The former is. 1. For a mans own benefit. In times of war, or in times of peace: and this is either by power or authoritie, or by pretence of Law. 2. For his Neighbours detriment. Vnjust getting without any pretence of authoritie or Law, is either Piracie by sea, or Robberie by land. The affirmative part. 1 That every one have a lawful calling. 2. That he labour in it.

Of Theft committed in getting Wealth, in acquisitione.

THings in the beginning by the Law of nature were common, and since, though men have gotten a propriety (as aforesaid) in them, yet in case of extream necessity

as the Wise man saith, Men do not despise a thief, if he steal to satisfie his soul, when he is hungry: and the law saith, When thou comest into thine neighbours vineyard, thou 〈◊〉〈◊〉 eat grapes thy fill, at thine own pleasure, but thou shalt not put any into thy vessel. In of extream necessity, a man might make bold with his Neighbours corn field or vine∣yard for his present necessity, so he carried none away. And we see still that in all po∣sitive Laws, whereby propriety is distinguished, there is none of them that hold in case of extream necessity. And there is a right which every man hath in things which remain common to this day; as in feris Naturae, wilde beasts, appropriate to no man; fowl and fish, and in such things which are found on the sea shore, as Pearls, Gems, &c. concerning which the rule is jus occupanti, the propriety is invested in them that finde them; because part of the possession of every countrey is alloted to remain to the be∣nefit of the poor.

Afterwards, for the proprieties which arise by publick right, we laid down four, viz. 1. Seizing on a countrey uninhabited; 2. on those things which were left and forsaken by the owners, which are res derelictae, things given over; 3. Pre. scription; 4. the right got by the bow and sword, or the right of war.

And for private right, there are liberal and free, and illiberal alienations, of which we have spoken; and in all these there is justa acquisitio, a just way of getting.

Contrary to which are the unjust wayes of getting, whereby theft is committed, which may be reduced to three heads.

1. The first two we may finde in Leviticus, Non extorquebis, neque fraudabis proxi∣mum tuum, Thou shalt not rob thy Neighbour, neither defraud him. The first is rapina, robbery. which is extorquere per vim, domino invito, to extort any thing by force, the owner being unwilling. The other is furtum, theft, which is fraudare, inscio domino, to deceive any man without his knowledge; both are set down also in one verse by the Prophet. And a third is Parsimonia or parcitas, Parsimony or Niggardlinesse, of which afterwards.

The Genus to these is briefly set down by the Prophet; Congregare non sua, to gather or encrease that which is not his. And our Saviour mentioning this Command∣ment, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Do not steal, presently adds, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Defraud not; for stealing and defrauding are very neer of kin. And it is certain, that they which desire riches, fall into many temptaetions: and as the Heathen man saith, Qui vult dives fieri, vult cito fieri, he that hath a desire to be rich, hath a desire also to be quickly rich: and this im∣petuous desire of being suddenly rich, makes him that he cannot be innocent, but must be entangled, with some of these three, either with Rapine, Fraud, or Nig∣gardlinesse.

Now that which is gotten by any of these wayes, is not without a curse: as 1. Of that which is got by Rapine, Force, and Extortion, God saith by the Wise man, That it stayeth not with them that get it, but semper erunt in 〈◊〉〈◊〉, poverty ever attends them. And the Prophet saith, Vae tibi qui spolias, nam tu ipse spoliabere; We to thee that spoilest, for thou shalt be spoiled. 2. For the deceitful man that gets his wealth by fraud; the Psalmist saith, Non dimidiabit dies suos, he shall not live out half his dayes. 3. For the Niggard it is said, that he that putreth his confidence in riches shall fall. The Heathen man could say, that they shall be as spunges, and some mightier then themselves shall squeeze them, till they be dry again.

But howsoever it fareth with them in this world, they shall have a great curse hereafter; for they shall never inherit the kingdom of Heaven. In the mean time the Apostle tells us, that they are not to be accompted brethren of the Church, for he prohibits us from keeping company or eating with them. And this for the sin in ge∣neral.

In particular, the sin of unjust getting by force or violence may receive this division. 1. Some there are that set themselves to spoil their Neighbours in suum commodum, to benefit themselves. 2. Others that do it onely or chiefly, in detrimentum & dam∣num proximi, to hurt and damnifie their Neighbours.

1. Them that do it for their own benefit, we may consider thus. 1. They do it, either cum pretextu, under colour of authority, or 2. sine pretextu, without any such pretence.

1. They which do it cum pretextu, under colour of authority, do it either. 1. In 〈◊〉〈◊〉, in War, 2. or in Pace, in time of Peace.

• 1. In time of war, if a man spoil or make havock 〈◊〉〈◊〉 all he meeteth, he is called Praedo, a robber. And this is that which John Baptist counselleth the souldiers to be∣ware of, when he saith, Do 〈◊〉〈◊〉 to no man.
• 2. In time of peace, there are diverse that commit this sin, and that diverse wayes.

Some do it 1. partly by their authority and power: and 2. partly under colour of Law, and justice, and this either 1. immediately by themselves, or 2. by their un∣der officers and servants.

1. The Prophet tells us that there are Principes socii furum, some Princes that are Companions of thieves: and Ezekiel of some that were like wolves ravening for their prey: and Zephany, some that are as roaring lyons. These are they that say with La∣ban, It is in my power to do you hurt: and with Pilate to our Saviour, Knowest thou not, that I have power to crucifie thee, and have power to loose thee? They have power in their hands, as the Prophet speaks, and presuming upon it, take away from others, that which is not theirs, by force and violence. Dost thou govern the kingdom of Israel? saith Jezabel to Ahab, that is, hast thou so great power and authority, and canst not take a vineyard from Naboth? Elies sons could execute and make use of their pow∣er, and take the meat by force.

And these unjust acts some do exercise by usurpdtion, as the children of Dan, who went and robbed Michah of mount Ephraim, and afterwards spoiled a whole 〈◊〉〈◊〉, Laish: and Abimelechs servants, who by violence took from Abrahams servants a well of water, for which Abraham reproved Abimelech.

Others by extortion, when they are no usurpers, but rightly possessed of their places, yet by colour of their offices and places exact upon others. This was the fault of Sheb∣na: and of this the Psalmist speaketh, when men do ponere molestiam praeter statutum, vex and oppresse beyond law, exact 〈◊〉〈◊〉 no statute will warrant: against such the Prophet pronounces a woe, Wo be to them that decree wicked decrees, and write grie∣vous things which they have prescribed. So did the Servants bear rule over the people, besides the governours, whereby they were exceedingly oppressed, and unjustly took from men, that which was theirs by propriety. Therefore the Baptists rule to the Publicanes and toll-gatherers was, Require no more then that which is appointed un∣to you.

And in this place we speak not onely of Princes and Magistrates, but also of petty Lords and Gentlemen, of whom as S. Augustine saith, that magna regna, great king∣doms, so he might have added magna latifundia vel dominia, great lordships or pos∣sessions, remota justitia, magna latrocinia sunt, without justice are but great robberies. The answer that the Pyrate made to Alexander the great, taxing him for his pyracy, is worth the observation; Thou robbest whole countreys and nations (saith he) with a great army, and I onely some few passengers with one ship, and a small company of Sea∣men. And the Lawyer made this difference between these great and little Thieves to be onely this, that the one wears a Chain of Iron, and the other a Chain of gold.

The like may be said of Noblemen, Gentlemen, and hard Landlords in respect of their poor Tenants, of whom the Prophet saith; The spoyl of the poor is in their houses: and that they beat the people to pieces, and grinde the faces of the poor. And Micah that, They pluckt off their skins, brake their bones, and chopt their flesh as small as hearbs to the pot. The meaning whereof is, that they binde their poor Tenants to such hard Covenants, as neither by justice they ought, nor can their estates bear; and then when they come to be indebted to them, they use them, as that evil servant did his fellow servant, whom he took by the throat, and bid him pay what he ought, and because he could not, he cast him into prison; which practise we see is condemned by our Saviour in that parable. And in the Law, If a man lent any thing to his brother, he must not go into his house to fetch a pledge (as if he were Lord of the house) but he must stand without till the other bring him a pledge, and if he were poor, he must not sleep with his pledge. But by oppression and exaction, men become such as Esay speaketh of, that joyn house to house, and field to field, till there be no place; that they may be placed soli, by themselves in the midst of the Earth. Soli they will be, they will dwell alone, by Enclosures and Depopulations. Lords alone. Ru∣lers and Magistrates they will be alone, and have the sale of things alone. Mo∣nopolizers also they will be, and will sell all things alone themselves, and at

their pleasure and price; especially if they can fortifie and arm themselves by au∣thority: when things come to this passe, it goes hard with the Common-wealth in general, but chiefly with the poor.

2. The other sort are they which oppresse their Neighbours under colour of Law, which should be a sanctuary and a rock to the poor. Do not the rich oppresse you by ty∣ranny, and do they not draw you before the judgement seats? saith the Apostle. And the Psalmist saith, there are some that frame mischief as a law. The Preacher tells us, that he saw wickednesse in the judgement seat; Ye have turned judgement into gall, [by cor∣ruption] and the fruit of righteousnesse into wormwood, [by protraction] 〈◊〉〈◊〉 the Pro∣phet. They keep the poor from justice, making a prey of the widow, and spoyling the fa∣therlesse.

The same Prophet tells us the reason, why men fall into this 〈◊〉〈◊〉: Every one loveth gifts, and followeth rewards, which hindereth them from judging the fatherlesse, nor doth the widows cause come before them. Of the same minde is the Prophet Amos, They af∣flict the just, and oppresse the poor: and what is the reason? they take bribes or rewards. And therefore, when Moses directed the people to choose them Judges, he forbids them the taking of rewards, and giveth his reason; for a reward (saith he) blindeth the eyes of the wise, and perverteth the words of the just. We see the experience of it in the sons of Samuel, after they were made Judges; They took rewards and 〈◊〉〈◊〉 judgement. And David himself, by taking Ziba's presents, awarded to him Mephi∣bosheths inheritance, upon a misinformation.

Now these sins, as by the very light of nature they were odious, so by the law of God were they to be punished severely, being crying sins. If you oppresse a stranger (saith God) or vex and trouble the widow or fatherlesse, that they crie to me, I will surely hear their cry, and my wrath will be kindled, and I will kill you, &c. And holy Job reckoneth up a catalogue of these sins, and in the end of that Chapter, tells what punishment shall fall upon the transgressours. 1. Their portion shall be cursed in the earth. 2. The grave and the worms shall consume them. 3. The pitiful man shall forget them. 4. Their remembrance shall be extinguished. 5. They shall be broken like a tree. 6. And though they be exalted for a time, yet they shall be brought low, destroyed, and cut off, as the top of an ear of corn. Nathan the Prophet representing Davids sins in a parable of a rich man, that had taken away the poor mans sheep, David (conceiving it to be a real story) sware that the party so offending should surely die. And his son Solomon gives this precept: Robbe not the poor, because he is poor, nor oppresse the afflicted in judge∣ment. His reason is, for the Lord will plead their cause, and spoil the soul of those that spoil them. So much for those that spoil their neighbours in 〈◊〉〈◊〉 commodum, to their own benefit.

There are a second sort that do mischief, in detrimentum & damnum proximi, to the detriment and hurt of their Neighbour, without benefit to themselves: and these are they ofwhich the Psalmist speaks, that offend of malicious wickednesse. As they that turn cattel into another mans field or vineyard, that out of malice, spoyl other mens corn, to their great hurt, and for no good to themselves. As also they that set their neighbours houses, barns or stacks on fire: These are called Incendiaries. And likewise Sorcerers and Witches, that wreak their malice upon their neighbours cattel and goods. These are the Imps of Satan, who to vent his malice upon Job, did him much harm in this kinde.

Come we now to the other sort, that commit this sin sine pretextu, without any pretence, either of power or right. O trust not in wrong and robbery, saith David: for this is not a course to live by.

For Robbery, it is either upon the sea, and then it is called Piracy: or upon the land; and these are either, predones and Latrones, such as rob on the high way, of which our Saviour makes mention, in the parable of him that fell among thieves; or 〈◊〉〈◊〉, such as commit Burglary, by breaking houses open. These are capital sins, O my soul come not thou into their secrets: they make the wayes unoccupied, and tra∣vellers to walk in by paths. Thus much concerning the first kinde of unjust getting, viz. by rapine or force, we come now to the second, which is per fraudem, by fraud.

Non fraudabis, thou shalt not defraud. And in this, as in the other, the theft is either furtum manifestum, manifest 〈◊〉〈◊〉, or occultum, close; and herein those men that are called receptores, receivers, or sacularii, are guilty as well as the actors, for

as the proverb is, It is all one to hold the sack, and to 〈◊〉〈◊〉 it, the receiver and con∣cealer being as deep in the sinne, as the stealer, with whom the stolen goods are found, he is to 〈◊〉〈◊〉 the law. To receive res raptas & furtivas, goods stolen, knowing them to be so, is to be a plain thief.

Now because the Apostle setting down the Affirmative part of this precept, re∣quireth two things in every man. 1. A calling. 2. And secondly, to labour in that calling; Let every man labour and work with his hands, the thing which is good: and 〈◊〉〈◊〉 he will not have any man eat, that will not work; we will speak of them that have 1. no calling at all, or else 2. an unlawful calling, or that have 3: an 〈◊〉〈◊〉 calling; or lastly, 4. that have a calling, but live idle in it; all which are sinnes against this Commandment.

• 1. The first are, Quibus nulla vocatio, they that have no calling at all, such as the civil law divides, into, beggers or rogues, and 〈◊〉〈◊〉 gentlemen, as the one ought not to live, 〈◊〉〈◊〉, by begging, for as much as in us lies, there must be no beggar in Israel; so the other, because they are idle and will not take paines in a calling, are against the publick good of mankinde. In paradise, our first parents were placed in the east part of Eden ut operarentur, that they might dresse and keepe the garden, out of Paradise, they were to eat their bread in care, or in the sweat of their brows, which these men do not; and therefore are theeves, and are just∣ly here ranked amongst them.
• 2. The second are Quibus vocatio mala, that have an unlawful calling, and do that which is either altogether evil, such was 〈◊〉〈◊〉 the silver smith, who made Di∣anas shrines. And such are they that were prohibited by Gods law: Harlotts, Bawds, and keepers of Brothel houses, or else that which is vain and unprofitable. As those that use curious arts, fortune-tellers Gypsies, Juglers, Stageplayers, and the like, and these are no better then the former; God putting no difference between nequam and 〈◊〉〈◊〉, an idle servant, and no servant, an ill calling, and no calling, is all one in the sight of God.
• 3. The next are Quibus incerta vocatio. They that have an uncertain calling, that are so fickle, that no calling will please them long. They are like a wheel, ever turning. The Apostle gives a rule opposite to this, Let every man walk in the same vocation wherein he was called, and let him meddle with his own busines, for while he cannot settle himself, and follow constantly that vocation whereunto God hath called him, and wherein he may live chearfully, and serve God faithfully, he falls into poverty, God not giving a blessing to such inconstant people; but (as the Psalmist saith) they become as stubble before the winde, and as it is in our proverb, they are like the rolling stone, that gathereth no mosse.
• 4. The last are they, Quibus est vocatio, sed in illa otiose vivitur; That have a calling, but live idlely in it; Quibus 〈◊◊〉〈◊◊〉, whose labour is in play and idle∣nes, that sleep in harvest, these are opposite to the state of mankinde both in and out of Paradise, as we shewed before.

And as at the first, the Lord appointed, that man should be a labourer, so at the last, when he shall give his hire and reward, he will say to his steward voca operarios, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 call the labourers, and give them their hire; so when he cometh to punish, he will not onely punish servum 〈◊〉〈◊〉, the wicked servant, but also, servum 〈◊〉〈◊〉 & 〈◊〉〈◊〉 id est, superfluam creaturam, the idle and unprofitable servant, that superfluous creature, and cast him into utter darknes.

Notes

• Of 〈◊〉〈◊〉 get∣ting in general.
• Prov. 6. 30.
• Deut. 23. 24.
• Levit. 19. 13.
• Hos. 7. 1.
• Abac. 2. 6.
• Mark 10. 19.
• 1 Tim. 6. 9.
• Prov. 28. 20.
• Prov. 25. 7.
• 11. 24.
• 12. 27.
• Abac. 2. 8.
• Prov. 22. 23.
• Psalm 55. 23.
• Prov. 11. 28.
• 1 Cor. 6. 10.
• 5. 11.
• The particular kinds of unjust getting.
• 1. By 〈◊〉〈◊〉 and violence.
• 〈◊〉〈◊〉. For mens own benefit.
• In time of 〈◊〉〈◊〉.
• Luke 3. 14.
• Ezek. 38. 10, 14.
• In time of peace.
• Esay 3. 15.
• By power.
• Esay 1. 23.
• Ezra 22. 27.
• Zeph. 3. 3.
• Gen. 31. 39.
• John 19. 10.
• Micah 2. 1, 2,
• 1 Reg. 21. 7.
• 1 Sam. 2. 16.
• Judg. 18. 25,
• 27.
• Gen. 21. 25.
• Esay 10. 1.
• Nehem. 5. 15.
• Luke 3. 13.
• Esay 3. 14, 15
• Micah 3. 3.
• Esay 3. 14, 15,
• Matth. 18. 28.
• Deut. 24. 10.
• 11.
• Esay 5. 8.
• By pretence of Law.
• James 2. 6.
• Psalm 94. 20.
• Eccl. 3. 16.
• Amos 5. 7.
• 6. 12.
• Esay 10. 2.
• 1. 23.
• Amos 5. 12.
• Deut. 16. 19.
• 1 Sam. 8. 3.
• 2 Sam. 16. 1.
• Exod. 22. 21,
• 22, 23.
• Job. 24. 〈◊〉〈◊〉 ver. 2. ad 9.
• 2 Sam. 12. 5.
• Pro. 22. 22. 23
• 2. For their neighbours detriment.
• Psalm 59. 5.
• Exod. 22. 5.
• 6.
• 7.
• 18.
• Job. 1. 16.
• Vnjust getting without pre∣tence of law or authority.
• Psalm 62. 10.
• Ezra 27. 26.
• By robbery, by sea or land.
• Luke 10. 30.
• Exod. 22. 2.
• Gen. 49. 6.
• Judg. 5. 6.
• Levit. 19. 3.
• Exod. 22. 4.
• Eph. 4. 28.
• 2 Thes. 3. 10.
• Of such as have no cal∣ling.
• Deut. 15. 4.
• Gen. 2. 15.
• 3. 19.
• Act. 19. 24.
• Deut. 23. 17.
• 18.
• Lev. 19. 29.
• 26.
• 31.
• Act 19. 19.
• psal. 83. 13.
• 1 Cor 7. 20.
• 1 Thes. 4. 11.
• psal. 83. 13.
• prov. 10. 5.
• Matth. 20. 8.
• Matth. 25. 30.