Of theft.

LECTURE 147.
Restitution.

The protection of person and property, from the force of the violent, and from the frauds of the dishonest, is one of the chief objects of all criminal law. And this object is compassed, or at least aimed at, by means of punishments, or penalties, annexed to crime. Now certainly the most obvious, appropriate, and efficacious punishment, for stealing, is that the thief should be

compelled to restore many times the value of that which he had stolen. And this is the principle of these statutes concerning theft. If, when the thief was discovered, he had the stolen cattle in his possession, he was to restore double. But if he had already killed or sold the ox or sheep, so that the owner could not have his own again, he was to restore "five oxen for an ox, and four sheep for a sheep;" more oxen, because the owner would be more likely to value his own ox, having been accustomed to use him for ploughing. If the theft were accompanied with violence, as breaking into a dwelling house, or cattle fold, and the thief were smitten, so as to die; there need "no blood be shed for him;" unless it were after sunrise, when there was much less excuse for smiting him, because he might then be more easily recognized, and so compelled to make the appointed restitution.

Restitution, in different proportions, was also the penalty, on a man's putting in his beast to feed in another man's field, or injuring stacks or standing corn by happening to kindle a fire amongst thorns, or purloining that which had been entrusted to his charge, or even having it stolen from him, or for the hurt, or death of what a man had borrowed; though not of what he had hired, for the hire must be considered to cover the risk. And in case of cattle committed to a man to keep for another, "if it die, or be hurt, or driven away, no man seeing it;" then he who had been in charge was to be put upon his oath, that he had "not put his hand unto his neighbour's goods." And with this oath the owner must be satisfied. For at those times, so great was the respect paid to an oath, that it served for "an end of all strife." Heb. 6. 16. So different was the solemnity with which it was taken, and the reverence in which it was esteemed, from that careless administration of oaths, and light estimation of them, which has grown fearfully prevalent amongst ourselves! And then also restitution was much more likely to be obtained from a thief, than now. And that, not only because, if the thief had nothing, he could be sold for a bondsman, and the penalty be paid; but also because there were few, if any, as amongst us, thieves by profession. There were no such wide intervals as we are now accustomed to, between one class of society and another; no such refinements in dishonesty, as with us commonly protect the wealthy robber from the penalties of the law. How much the more deeply are such men bound in conscience before God, by the law which He writes upon their hearts, to make restitution to their brethren, to the utmost of their ability, for every act of fraud they have committed!

May we never be ashamed to restore, as far as possible, if in anything we have wronged one another! Nay, rather, if we have done any man any wrong, may we, with Zacchæus, restore fourfold! See Luke 19. 8.

Of seduction, witchery, and other offences; of the firstfruits.

16 And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife.

17 If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins.

18 Thou shalt not suffer a witch to live.

19 Whosoever lieth with a beast shall surely be put to death.

20 He that sacrificeth unto any god, save unto the LORD only, he shall be utterly destroyed. 21 Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt.

22 Ye shall not afflict any widow, or fatherless child.

23 If thou afflict them in any wise, and they cry at all unto me, I will surely hear their cry;

24 And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.

25 If thou lend money to any of my people, that is poor by thee,

thou shalt not be to him as an usurer, neither shalt thou lay upon him usury.

26 If thou at all take thy neighbour's raiment to pledge, thou shalt deliver it unto him by that the sun goeth down:

27 For that is his covering only, it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he crieth unto me, that I will hear; for I am gracious.

28 Thou shalt not revile the gods, nor curse the ruler of thy people.

29 Thou shalt not delay to offer the first of thy ripe fruits, and of thy liquors: the firstborn of thy sons shalt thou give unto me.

30 Likewise shalt thou do with thine oxen, and with thy sheep: seven days it shall be with his dam; on the eighth day thou shalt give it me.

31 And ye shall be holy men unto me: neither shall ye eat any flesh that is torn of beasts in the field; ye shall cast it to the dogs.

LECTURE 148.

That these laws manifestly proceeded from God.

In the security here provided against seduction, it is to be observed, how humanely the law endeavours to redress one of the most grievous wrongs that any man can inflict on woman. In the forbidding a witch to live, we see a care taken lest the people should be deluded, and an additional provision made against the acknowledgment of false gods. For witchcraft as at that time practised/ was the pretending to do, or doing, what is supernatural, by their help, that is to say, by the help of devils. In the utter destruction enacted against every one who should sacrifice "unto any god, save unto the Lord only," we must remark how watchfully the civil statutes guarded against the corruption of the religious services, or rather of the religion itself. And how painfully are we here reminded of the dreadful description which St Paul has left us, of those who did not like to retain God in their know

ledge, to what dishonour God gave them up, through the lusts of their own besotted hearts! Truly we cannot be sufficiently thankful, that we are under no temptation to sacrifice to any other gods than One. Oh that we were sufficiently mindful, to offer unto Him the only sacrifice He requires, the undivided affection of our souls!

Two other laws, full of tenderness and compassion for the afflicted, follow next; the first, "Thou shalt neither vex a stranger, nor oppress him;" the next, "Ye shall not afflict any widow, or fatherless child." To the first there was no penalty attached, but only this urgent motive, "for ye were strangers in the land of Egypt." How evidently did Moses here teach as one that had authority! How well were the people aware that he had authority from God! To the other law there is attached a penalty most unlike to what we meet with in the laws of man," I will surely hear their cry; and my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless." How powerfully are the Israelites here reminded, that though the lips that spake were those of Moses, the words were those of God! Who but God could inflict these penalties? Who but God would threaten them? And who but the most inconsiderate of men, would speak of laws like these, as if Moses had devised them, as if he were any thing more than the prophet who revealed them? Manifestly they came from Him who can create and can destroy. And though under the present dispensation He lets these crimes go unpunished for a season, yet will He by no means hold Christians guiltless who vex or oppress a stranger, who afflict a widow or a fatherless child. The Israelite is next forbidden to take usury of a poor brother. And if he take his neighbour's raiment for a pledge he is directed to restore it by sunset; as it must serve him for a covering during the hours of sleep. Else, as God here threatens, He would certainly hear the poor man's cry. "For," saith He, "I am gracious." Here observe, that the mercifulness of God must be a terror to sinners; for this it is which inclines Him to avenge his saints. The law against reviling "the gods," which in the original is the same word that is commonly translated God, is closely connected with the law against speaking evil against rulers. Let this remind us of the words of St. Peter: "Fear God, honour the king." 1 Pet. 2. 17. The law of first fruits was a perpetual acknowledgment of thankfulness to the Giver of all good gifts. Let this put us in remembrance of what St. Paul has written: "In every thing give thanks." 1 Thess. 5. 18. "And ye shall be holy men unto me;" distinguished even in respect of what they ate from the nations around them. Let this help to impress on us the end for which our Saviour Jesus Christ redeemed us: that we should be "a peculiar people, zealous of good works." Tit. 2. 14.

Of giving judgment. Of the sabbath year. Of the three feasts.

1 Thou shalt not raise a false report: put not thine hand with the wicked to be an unrighteous witness.

2 Thou shalt not follow a multitude to do evil; neither shalt thou speak in a cause to decline after many to wrest judgment:

3 Neither shalt thou countenance a poor man in his cause. 4 If thou meet thine enemy's ox or his ass going astray, thou shalt surely bring it back to him again.

5 If thou see the ass of him that hateth thee lying under his burden, and wouldest forbear to help him, thou shalt surely help with him.

6 Thou shalt not wrest the judgment of thy poor in his cause. 7 Keep thee far from a false matter; and the innocent and righteous slay thou not: for I will not justify the wicked.

8 And thou shalt take no gift: for the gift blindeth the wise, and perverteth the words of the righ

yard, and with thy oliveyard.
12 Six days thou shalt do thy
work, and on the seventh day
thou shalt rest: that thine ox and
thine ass may rest, and the son
of thy handmaid, and the stran-
ger, may be refreshed.

13 And in all things that I have said unto you be circumspect: and make no mention of the name of other gods, neither let it be heard out of thy mouth.

14 Three times thou shalt keep a feast unto me in the year.

15 Thou shalt keep the feast of unleavened bread: (thou shalt eat unleavened bread seven days, as I commanded thee, in the time appointed of the month Abib; for in it thou camest out from Egypt: and none shall appear before me empty :)

16 And the feast of harvest, the firstfruits of thy labours, which thou hast sown in thy field: and the feast of ingathering, which is in the end of the year, when thou hast gathered in thy labours out of the field.

17 Three times in the year all thy males shall appear before the LORD God.

18 Thou shalt not offer the blood of my sacrifice with leavened bread; neither shall the fat of my sacrifice remain until the morning.

19 The first of the firstfruits of thy land thou shalt bring into the house of the LORD thy God. Thou shalt not seethe a kid in his mother's milk.

LECTURE 149.

The protection and support of Almighty God.

The statutes at the beginning of this chapter seem to refer especially to those who acted as judges. But when we remember