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."
21. C. "Indeed this rule, '_in casu extremæ necessitatis omnia sunt communia_,' does hold, in some measure, in some particular cases, where, by the tacit consent of nations, or of some particular countries or societies, it hath obtained. First, among the _Jews_, it was lawful in case of hunger to pull ears of standing corn, and eat, (Matt. xii. 1;) and for one to pass through a vineyard, or olive-yard, to gather and eat without carrying away. Deut. xxiii. 24, 25. SECOND, By the _Rhodian_ law, and the common-maritime custom, if the common provision for the ship's company fail, the master may, under certain temperaments, _break open the private chests of the mariners or passengers_, and _make a distribution_ of that particular and private provision for the _preservation of the ship's company_." Vide CONSOLATO DEL MARE, cap. 256. LE CUSTOMES DE LA MERE, p. 77.