For the second, to wit, Theft, more properly it looketh to all ways, whereby, without pretext of violence, another is wronged: This is again divided in four, 1. If it be a wrong done to a Common-wealth, it is called Peculatus, which in a large acceptation includeth not only private men, or Magistrates, stealing or robbing the public treasure, but also Collectors, Questors, and others that are in such like offices, who, ⟨p. 401⟩when they intervert what belongeth to public use, become guilty; and proportionably all such as are entrusted with the keeping and distributing of what belongeth to Corporations and Societies, and do intervert it, as Judas did in some respect, when he interverted what was committed to his keeping, for uses not allowed, and therefore he is called a Thief, though his crime was also Sacrilege. 2. As it respecteth any thing appointed for pious uses, so it is called Sacrilege; see Lev. 5.15. Mal. 3.8. Acts 5.2, 3. and though now we have nothing that is holy by such a consecration, yet what is appointed by Gods warrant for holy uses, cannot without sin be interverted; such are Churches or Houses built for Gods worship, stipends for maintaining of his Ministers and Ordinances, because these belong to the Church, as the other do to the Common-wealth; such also are the poor's money, collections, &c. for if there be an appropriation of these things for that use, then why should that property be encroached on, more then other properties? And if any should say these are the Magistrates gift, and he may use them as he pleaseth? Answ. I am not speaking now of what power the Magistrate may have in an extraordinary case of necessity, there being no doubt times, when particular mens property will not have place, but ought to cede to the public good; but in ordinary cases, I say, that the right which the Church hath in them, for these forementioned uses or ends, is no less then any private mans in his own particular estate; beside that, they are indeed given unto God: And therefore it is not in the Magistrates power to make what use of these he pleaseth, neither is it at his option to appoint them, and maintain and keep them up, or not, as he pleaseth, but it is his duty, and that which is required of him to do so, as he would be found faithful in the discharge of his Office. 3.
For the second, to wit, Theft, more properly it looketh to all wayes, whereby, without pretext of violence, another is wronged: This is again divided in four, 1. If it be a wrong done to a Common-wealth, it is called Peculatus, which in a large acceptation includeth not only private men, or Magistrates, stealing or robbing the publick treasure, but also Collectors, Questors, and others that are in such like offices, who, ⟨p. 401⟩when they intervert what belongeth to publick use, become guilty; and proportionably all such as are intrusted with the keeping and distributing of what belongeth to Corporations and Societies, and do intervert it, as Judas did in some respect, when he interverted what was committed to his keeping, for uses not allowed, and therefore he is called a Thief, though his crime was also Sacriledge. 2. As it respecteth any thing appointed for pious uses, so it is called Sacriledge; see Lev. 5.15. Mal. 3.8. Acts 5.2, 3. and though now we have nothing that is holy by such a consecration, yet what is appointed by Gods warrant for holy uses, cannot without sin be interverted; such are Churches or Houses built for Gods worship, stipends for maintaining of his Ministers and Ordinances, because these belong to the Church, as the other do to the Common-wealth; such also are the poors money, collections, &c. for if there be an appropriation of these things for that use, then why should that property be incroached on, more then other properties? And if any should say these are the Magistrates gift, and he may use them as he pleaseth? Answ. I am not speaking now of what power the Magistrate may have in an extraordinary case of necessity, there being no doubt times, when particular mens property will not have place, but ought to cede to the publick good; but in ordinary cases, I say, that the right which the Church hath in them, for these forementioned uses or ends, is no less then any private mans in his own particular estate; beside that, they are indeed given unto God: And therefore it is not in the Magistrates power to make what use of these he pleaseth, neither is it at his option to appoint them, and maintain and keep them up, or not, as he pleaseth, but it is his duty, and that which is required of him to do so, as he would be found faithful in the discharge of his Office. 3.
