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_, punishable with death; although, the judge before whom the trial is, in this case (as in other cases of extremity) be by the laws of _England_ intrusted with a power to reprieve the offender, before or after judgment, in order to the obtaining the King's mercy. For, 1st, Men's properties would be under a strange insecurity, being laid open to other men's necessities, whereof no man can possibly judge, but the party himself. And, 2nd, Because by the laws of this kingdom [here he refers to the 43 Eliz. cap. 2] sufficient provision is made for the supply of such necessities by collections for the poor, and by the power of the civil magistrate. Consonant hereunto seems to be the law even among the Jews; if we may believe the wisest of kings. Proverbs vi. 30, 31. '_Men do not despise a thief, if he steal to satisfy his soul when he is hungry, but if he be found, he shall restore seven-fold, he shall give all the substance of his house._' It is true, _death_ among them was not the penalty of theft, yet his necessity gave him _no exception_ from the ordinary punishment inflicted by their law upon that offence."