A forme of Christian pollicie drawne out of French by Geffray Fenton. A worke very necessary to al sorts of people generally, as wherein is contayned doctrine, both vniuersall, and special touching the institution of al Christian profession: and also conuenient perticularly for all magistrates and gouernours of common weales, for their more happy regiment according to God.

❧ Theft was not punished in the Lawe, but by restitucion of double, treble, and foure folde, yea and seruitude: but novve for iust causes, it is puni∣shed vvith death. Theft by necessitie in some sort excusable, in the prohibition of theft, the causes are also contained. By this commaundement it is defended to take avvay the honour of another. False vvitnesse is more vnlavvfull then theft, neither hath it any grace in the Lavve. All decei∣uers, hypocrites, and lyars, are condemned by these last preceptes. ❧ The .10. Chapter.

THE fourth commaundement of the seconde Table is, Thou shalt not steale: the transgression whereof in the Law of Moyses, was not pu∣nished with death, but by re∣stitution of double, treble, and sometime foure folde. And in whom was no abili∣tie of restitution, they were condemned to perpetuall seruitude, till the wrong was satisfied by iust seruice: publike theft as robberie, vio∣lent theft,* 1.1 and murther were condemned to death in the Lawe, wherein was no excuse of pouertie (as had sim∣ple picking, whereunto was ioyned no custome but mooued of malicious wyll and affection): But because

those simple theftes, supported with this charitable fa∣uour, rose to the state of high and noble robberies, they became after by wise aduise subiect to the sentence of the Gybbet. Wherein also this was one consydera∣tion, that who embeaselleth the goodes of another, sée∣meth by consequence of the euyll that many times hap∣peneth, to take away also his life.

The bread of the needie (saith the wise man) is the life of the poore, and who beguileth them of it,* 1.2 is a bloody man. He that taketh away the bread that hath béene gayned with the sweate of labour, is as the man that kylleth his neighbour, whereby may be concluded, that the blood spyller, and he that deceiueth another, are bre∣thren, as séeming to haue an affinitie of euyll, the same beyng eftsones confirmed by a notable text of the sayde wise man, that who offereth vp his sacrifice compoun∣ded of the substance of the poore, cōmits no lesse offence, thē he that afore the eyes of the father, killeth his proper sonne. So that by good reason, y^e iustice of the Gallowes is executed vpon the Théefe if he be not excusable by ex∣treme necessitye, or if, being ashamed to demaunde almes, & not hable to susteine his necessityes nor haue credite to nourishe his poore familye, he hath purloyned the reléefe of others: notwithstanding it had béene bet∣ter for him to haue begged, then to lay his hand vppon the goodes of an other, wherein he can not haue excuse of sinne, for that it is neuer lawefull to do euill: euen no lesse or more ought to be punished the ritchman, whome al Lawe doth bynde to beare aide to the necessitye of his poore brother appealing to his succor: and finding him shamfaste, his office is not onelye to lende him his hande, but also to impart with him by pure gifte: yea, if the poore man dye by famine, or any of his familye by the violent rage of necessitye,* 1.3 the ritche man, as a murderer, is to geue Reconing of that death in the iudgement of God: to which iudgmēt,

as the true christian ought to Raise vp his eyes, and not to stande in the consideration of this fleshlye iudge∣ment wherein is fulnesse of infidelity and errour: so if this iudgement of God were temporalye executed heare vppon those that suffer the poore to endure hunger, thurste, and miserie, whose necessities of∣ten times throwe them into the action of theftes and other violent wretchednes, and somtimes to suffer death for want of their succor: there should at this day fewe ritche men enioye their corrupt wealth and much lesse their sinnefull lyfe: séeing then the ritche sort are blameable afore God for all these offences, and no lesse subiect to punishment then if they were the imme∣diate parties to the fact, or procurers of the same: it belonges to the authoritye and office of the Magistrate (whith whome the consideration of this iudgement of God ought to be familiar) to execute it vpon earth; con∣straining such people to contribute to the helpe of the poore and néedie, applying to the default of the ritche in this case present punishement, to the ende they maye repent, and bring recompense, and others take ex∣ample: By this defence not to be a Théefe, is compre∣hended also all prohibition, against suttletie, deceite reproache, treason, couetousnesse, vsuries, with all other vnlawefull meanes to gather ritches, or to spoyle the wealth of an other, to enuye him, to speake euill of him, to dishonour him, to beguile him, to vexe him by processe to obtayne his goodes, or to consume him with pouertie. In this are most of all reprehensible, the Lawyers, aduocates, and Iudges, whose eyes are clo∣sed from the sinne, but their handes wide and wide open to receiue part of the spoyle: wherein by so much more are they guiltye, by howe much they beare fauour to lewde men, whom if they blamed, and gaue no support to their wickednesse, much lesse that such iniustice shoulde be suffered, but withall there shoulde be small

cause of complaint. Let all sortes of people dwell ab∣solutely resolued in this, that who doth wrong to ano∣ther, in what sort soeuer, or procureth it to be done by counsell, support, fauour, or geues sufferaunce to the wrong with impunitie, or lastly, who consentes to it, without restitution either by him selfe, or the aucthours or parties to the fact, can not stande assured of their sal∣uation. S. Paul saith,* 1.4 that the wicked shall not haue the kingdome of God, bringing within the compasse of wicked men, all such as do any thing against the Lawe of God, or willyngly oppresse others with wrong, yea if they haue but wyll thereunto, though there be no abi∣litie of power. Séeing the Scripture condemneth all iniquitie to eternall death, it behooueth the Magistrate (when it comes to his knowledge) to follow as néere as he can, the tract of the diuine iustice, & being the officer of God, to administer his iudgementes, not to laye his gouernment to the customes of the Pagans, who con∣demned none but such as had done some notable bur∣glarie: deceite, reproches, vsuries, maledictions, and all iniquitie, by expresse textes of the Bible, are decla∣red worthy of death by the iudgement of God: So that if the Lawes of men be not such, or that they beare no power to punishe suche sinnes, let Christian Princes erect Statutes conformable to the wyll of God, wherin maye bée abilitie of punishment to such intollerable crymes, séeing it is an opinion oftentymes to many, ey∣ther simple, or vnfaithfull, that offences are not puni∣shed with God, when they passe with impunitie here vpon earth. By common reason, and also by the expe∣rience drawen out of the doinges of the Pagans, such men and their opinions are more worthy of death, then the théefe.

Cicero when he cryeth out that iustice is broken by force, and by craft, applyeth the one to the propertie of the Lyon, and the other to the nature of the Foxe, wher∣in

as is more merite of hate, so by reason it bringes no lesse desert of punishment.

Cato was of opinion that to geue money to Vsurie, was an Acte of great iniustice, calling it the murther and death of the néedie, as in which is wrought the ex∣treame necessitie of the poore sort, sometime compelling them to dye for hunger: so that if the murtherer be hol∣den worthy of death, who can auoyde the merite of pu∣nishement to the Vsurer? Agesilaus sayde, That sclaunder, false accusation, or suttle, craftie, or malici∣ous interpretacion, (which can not but holde also of false witnesse) is more sharpe and cutting then a two edged Dagger, wherewith it were better to haue a wounde, then to be hurt with sclaunder. What other thing is the deuyll then a sclaunderer and false accuser of the faithfull? then such as practise sclaunder are of a faction of the deuyll.

All the wise men that euer were, haue preferred ho∣nour before riches, and weighed it euen in the same ballaunce and estimacion that they helde their life: If then to him that steales golde and siluer, the Gybbet is due, and the murtherer looseth his head vpon a Blocke, what sentence is reserued for the sclaunderer and wic∣ked speaker, which procureth infamie to honest men, and heapes wicked hatred against them.

Touching false witnesse, forbidden and expresly con∣demned by God to death, it is consequent and conioy∣ned to theft, at the least, it tendeth to one common ende with it, and procéedes of one Roote, which is couetous∣nesse, though some times it deriues of malice, or spite∣full wil of reuenge, or hath some other wicked purpose. It is more intollerable & hurtfull then robberie, which Salomon holdes to be a cryme of lesse domage thē lying, aswell for the necessitie of life, as for other reasons, yea false witnesse is so execrable, that the scripture nameth it amongest these seuen sinnes which GOD hateth,

proude eyes, a lying tongue, handes spillyng innocent blood, a heart deuising wicked thoughtes, féete nemble to runne to naughty actes, the man that hath no shame to speake vntruthes, & the deceitful witnesse bearer, which is so much more detestable afore God, by howe much it is an instrument to sow discord among brethrē. This cryme of false witnesse can haue no excuse as hath theft, nor stayeth not vppon one poynt certaine to do wrong, but sometyme it rauisheth a mans goodes, sometimes deuoureth his life, & most often endangereth his honor: wherein if in the acte of one of these thrée euyls, is suffi∣cient cause of death, howe much more is he wretched in whom they all thrée concurre with equall power?

Salomon compareth it to a Dart, a Sworde, and to Ar∣rowes, as if he shoulde attribute no lesse euyll to it, then a wicked man may do with those thrée instrumentes.

Besides all this, he contemneth the Iudge, and derides his iudgement, and by consequent, both God and his iustice, beléeuing as an Atheist, either that there is no God which vnderstandes his falshood, and not punish it, or not fearing him, stands in carelesse state, and defieth him in what he can do against him: and so is a contem∣ner and prophaner of Iustice, and of him which admi∣nistreth it in the name of the Soueraigne Iudge, the same being a sinne against the first Table in this case.

The false witnesse is adiured ordinarily in the name of God to speake the trueth, and therefore is periured, wherein he committes eftsones a crime most damna∣ble: for which cause Salomon saith often times,* 1.5 that much lesse that he shall escape vnpunished, but that he shall perishe miserablie: the same falling vpon the two olde Iudges of Israel, who falsely deposed against Su∣sanna: Therefore gouernours of common weales haue great reason to search diligētly after such plagues, and to restraine all pardon and grace from such wret∣ched offendours.

The wise man saith, that if false witnesse bearers were but simplie in the case of lyers & théeues, they had alredie inherited perdicion: much more then in so great cōcurse of offences, do they iustly deserue seuere punish∣ment: No lesse iustice is due also to their subornors, inducing them to lye, to periure them selues, and depose falsly to the domage of another: the like also to all false∣fiers, with counterfaite stampes, signes, and seales of Princes, or priuate men, corrupt Notaries, making false contractes, caryers of vntrue reportes and lyes, to be short, the like iustice is due to all other, working falshood, either by worde, writing, actes, subornation, or supposition, whether it be in case of doctrine or life: Such as deceiue by faire wordes, as flatterers, by faig∣ned promises, as abusers, by scoffes, as Maskers and Cosoners, with other Pharisées, Ypocrites, and false Prophetes, being the children of Satan, the great fa∣ther of lyes and shifting, ought to passe vnder rigorous punishment: For such falshoodes are not onely preiu∣diciall to our neighbour, but also do derogate for the most part the diuine honour, for that God being the trueth it selfe, is by lyes and falshood falsified and disho∣noured,* 1.6 either through ignoraunce of God, or for want of his feare, which is a kinde of infidelitie.

Notes

• * 1.1

  Exod. 22.
• * 1.2

  Eccle. 34.
• * 1.3

  Deut. 23.
• * 1.4

  1. Cor. 6.
• * 1.5

  Pro. 12.21.
• * 1.6

  Psalm. 8.