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 extremae 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.

22. SIR WILLIAM BLACKSTONE agrees, in substance, with HALE; but he is, as
we shall presently see, much more eager to establish his doctrine; and, we
shall see besides, that he has not scrupled to be guilty of misquoting,
and of very shamefully _garbling_, _the Scripture_, in order to establish
his point. We shall find him flatly contradicting the laws of England;
but, he might have spared the Holy Scriptures, which, however, he has not
done.

23. To return to H