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Here I shall particularly take notice of some things, by which persons may be ready to excuse themselves, in privately taking their neighbour’s goods, which however cannot be a just excuse for it, nor will they make such a taking to be stealing.
1. That the person whose goods are privately taken, owes or is in debt to him that takes them. Some may be ready to say that they do not take that which is their neighbour’s, they take that which is their own, because as much is due to them, their neighbour owes them as much, and unjustly detains it, and they know not whether ever they shall get their due of him. Their neighbour will not do them right, and therefore they must right themselves.
But such pleas as these will not justify a man in going in a private and clandestine manner to take away anything of his neighbour’s from his possession, without his consent or knowledge; his doing this is properly stealing. For though something of his neighbour’s, which is as valuable as what he takes, may be due to him; that doth not give him such a right to his neighbour’s goods, that he may take anything that is his, according to his own pleasure, and at what time and in what manner he pleases. That his neighbour is in debt to him, doth not give him a right to take it upon himself to be his own judge, so that he may judge for himself, which of his neighbour’s goods shall be taken from him to discharge the debt; and that he may act merely according to his own private judgment and pleasure in such a case, without so much as acquainting his neighbour with the affair.
In order to warrant such a proceeding as this, everything that his neighbour has, must be his. A man may not take indifferently what he pleases out of a number of goods, without the consent or knowledge of any other person, unless all is his own, to be disposed of as he pleases. Such a way of using goods according to our own pleasure, taking what we will, and at what time we will, can be warranted by nothing but a dominion over the whole. And though he who is in debt may he guilty of great injustice in detaining what is due to another; yet it doth not thence follow, but that he that takes from him, may also be guilty of great injustice towards him. The course he takes to right himself may be very irregular and unreasonable; and such a course, that if universally allowed and pursued in such cases, would throw human society into confusion.
When men obtain a property in any of the professions of this life, they are at the same time also invested with a right to retain a possession of them, till they are deprived of them in some fair and regular proceeding. Every man has a right to hold his estate, and keep possession of his properties, so that no other can lawfully use them as his own, until he either parts with them of his own accord, or until it be taken from him according to some established rule, in a way of open justice. Therefore he who, under pretence of having just demands upon his neighbour, privately takes his goods without his consent, takes them unjustly, and is guilty of stealing.
2. Much less will it make such a private taking not to be stealing, that he who takes, has, in way of kindness or gift, done for the person from whom he takes, as much as is equivalent to the value of what he takes. If a man do 224his neighbour some considerable kindness, whether in labour, or in something that he gives him, what he does or gives is supposed to be done voluntarily, and he is not to make his neighbour debtor for it; and therefore if anything be privately taken away, upon any such consideration, it is gross stealing.
For instance, when any person needs to have any services done for him, where a considerable number of hands are necessary; it is common for the neighbourhood to meet together and join in helping their neighbour, and frequently some provision is made for their entertainment. If any person who hath assisted on such an occasion, and is a partaker at such an entertainment, shall think within himself, the service I have done is worth a great deal more than what I shall eat and drink here, and therefore shall take liberty privately to take of the provision set before him, to carry away with him, purposely concealing the matter from him who hath entertained him, this is gross stealing; and it is a very ridiculous plea which they make to excuse so unmanly and vile an act.
Persons in such cases may say to themselves, that the provision is made for them, and set before them; that it is a time wherein considerable liberty is given, and they think, seeing they have done so much for their host, they may take something more than they eat and drink there. But then let them be open in it; let them acquaint those with it who make the entertainment; and let it not be done in any wise, in a secret, clandestine manner, with the least design or attempt to avoid their notice: on the contrary, let care be taken to give them notice and obtain their consent.
When persons do such things in a private manner, they condemn themselves by their own act; their doings; what they do secretly, shows that they are conscious to themselves, that they go beyond what it is expected they should do, and do what would not be allowed, if it were known. Such an act, however light they may make of it, is abominable theft, and what any person of religion or any sense of the dignity of their own nature, would to the greatest degree abhor and detest.
3. It is not sufficient to make a private taking without consent not to be stealing, that it is but a small matter that is taken. If the thing be of little value, yet if it be worth a purposed concealing from the owner, the value is great enough to render the taking of it proper theft. If it be pretended that the thing is of so small consequence, that it is not worth asking for; then surely it is not worth a purposed concealing from the owner, when it is taken. He who, under this pretence, conceals his taking, in the very act contradicts his own pretence; for his action shows that he apprehends, or at least suspects, that, as small a matter as it is, the owner would not like the taking of it, if he knew it; otherwise the taker would not desire to conceal it.
The owner of the goods, and not other people, is the proper judge, whether what he owns be of such a value, that it is worth his while to keep it, and to refuse his consent to the taking of it from him. He who possesses, and not he who takes away, has a right to judge of what consequence his possessions are to him. He has a right to set what value he pleases on them, and to treat them according to that value. Besides, merely that a thing is of small value, cannot give a right to others, purposely and designedly to take it away, without the knowledge or consent of the owner. Because if this only gives a right, then all have a right to take things of small value; and at this rate a great number of persons, each of them taking from a man that which is of small value, might take away all he has.
Therefore, it will not justify persons, in purposely taking such things as fruit from the trees, or gardens, or fields of their neighbours, without their knowledge or consent, that the things which they take are things of small value: nor is that sufficient to render such an act not an act of theft properly so called. This shows also that the smallness of the value of what is privately taken at feasts and entertainments, doth not render the taking of such things not stealing.
The small value of a thing may in some cases justify an occasional taking of things, so far as we may from thence, and from what is generally allowed, reasonably presume that the owner gives his consent. But if that be the case, and persons really take, as supposing that the owner consents to such occasional taking, then he that takes will not at all endeavour to do what he does secretly, nor in any measure to avoid notice. But merely the smallness of the value of a thing, can never justify a secret taking of what is another’s.
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