' Of eating fleſh torn by beafts, 31.
F a man (ball ftealan ox, or a+ (beep a, and kill it, F Orgeat or ſell ir b, he ſhall reſtore five oxen for an ox, and
* four $sheep for a sheep c.
a Or, an aſs, which is added werſe 4; and conſequently any other living Creature, to be valued according to its worth and uſe to man, proportionably ro the rule here laid down. Only theſe are inſtanced in, for their uſefulneſs in the ſervice of God and of Men. 6 Which was an 2ggravatien of the Crime,and a token of greater Boldneſs,Re- ſolvednels, and Expertneſs in the Trade of Thieving, than was in him who kept it at home, werſe 4. EC Nueſt, Why ſomuch feing the ſtealer of other things was tied to reſtore but doyble? Anſw. 1, For terrour, becauſe thele beaſts being kept in the Fields might mere ealily be ſtoln 2. Becauſe the loſs of theſe was greater than ef other things; for they did not only loſs whar the Carre! might be fold for, but 21l the ſervice, increaſe, and ether benefits which a Mn mighr receive from them. 2ueſt ,2: Why more for Oxen than for Sheep ? Anſw. 1. Becaule it argued greater boldneſs and cuſtomarineſs in the Thief to ſteal that which might more eaſily be diſcevered.2.Becauſe beſides the intrinſecal worth of the Ox,the labour of the Ox was very conſiderable to his owner, Prov. 14: 4; and theretore the Jols
greater. P 2 2 T If
or the price and
* 2 San 12: 6: Luk: 19; 8; See © Pre.6; 31
Chap. XXII. " 2 Cf a thief
"ten that he die, . a To wit, an hauſe,
be found breaking up 4, and be ſmit- there ſhall no blood be ſhed forhim e- which the pos prong mage * ow by night, from the next verſe. e( z. e. ) For tne ief, thoug be Eekilled by a Man in his own defence. Becauſe in that caſe the Thief mighrtbe preſumed to have a worle Deſign, .and the Owner of the Houſe could neither expe&, or have the help of others to fe- cure him from the intended Violence, nor guide his blows with that diſcretion and moderation, which in the day time he might uſe. p 3-If the ſun be riſen upon him, there fhail be bloo! ſhed for him f: for he ſhould make full reſticution : if
he have nothing, then he inall be ſold g for his theft.
f He that kills him -ſhall be pur ro death, becauſe he puniſhed him more than his Crime deſerved, and might bave been otherwue eirher ſecuredor righted;and in that caſe, ir is probable,the Thict de- ſigned not Murder,but Theft oaly. Bur if it were evident, that the Houſe-breaker deſigned Murder, he might doubtleſs Is]1 him in bis
| own defence. g Either ſo long till kis fervice was worth the thing ſtollen, or rather for the ordinary time of ſix years, becauſe this was nota ſimple Thief, but ;n Houſe-breaker, which was much worſe. Deſt. How can he be ſold, who is ſuppoſed to be killed ? 4n[w. 1. The Hebrew word -may bebetrer rendred, ſhow! be ſold, as the fore- going word of the ſame future time isrendred, ſhould make reſtitution, to wit, if he were not killed ; and therefore the killer of him being ſufficiently ſecured againſt this injury, was more culpable in kill- ing him without neceſliry. , : ; 4 If the thetr be certainly found in his hand alive b, whether it be ox, or aſs, or ſheep, he {ball reſtore
double 5.
h Not killed, nor ſold, as verſe 1. # Not more, 1. Becauſe in that caſe it was preſumed, either that he intended tro reſtore ir, or at leaſt that he was but raw and unexerciſed.in the trade of Scealing, and ſo ſhould be more gently puniſhed, 2. Becauſe the right Ow- ner recovered his Goods with lets charge and trouble. Or 3. Becauſe it was but a ſingle Crime, whereas the other werſe 1. was an aggrava- ted and complicated Crime, where one Sin and Injury was added ro another. Obj. It is ſa:d, he ſhall reſtore ſeven-fold, Prov 6: 31: Aniw. 1. Seven-fold is put Yor abundantly,as that word is oft uled,as Ger. 4: 24: Pſal. 12: 6: and 79: 12: and a learned man obſerves, it is never uſed tor that definite number. Anſw. 2. This ſeven-fold, or ſeven times, may relate not to the proportion of his Reſtitution ; bur to the number of his Thefcs, or rather of his Dereftions ; and the ſenſe is this, Though he be found guilty of Thefr ſeven-rimes,all his Puniſh- ment is, that he ſhall refore as the Law preſcribes. Whereas A'ul- teryof which he there ſpeaks in the following verſes, is a Crime of that nature, that ifa man be once found guilty of it, reſtirution can- not be made, nor will it ſerve histurn,bur he falls into all che miſ- chiefs there reckoned up. . |
5 T Ita man fhallcauſe a field or vineyard & to be ea- ten, andshall put in his beaſt, and shall feed in another mans field, of the beſt ofhis own field, and of the belt of his own vineyard shall he make reſticution. _
k Or, Orchard, or other things of like nature ; which is gener- ally ro be obſerved in Laws.
6 T If fire break out and catch in thorns, ſo that the ſtacks of cora, or the ſtanding corn, or the field: be con-
ſumed therewith, he that kindled the fire/, shall ſurely make reſtitution m7, t
I'W hether my for ſuch a purpoſe, or careleſl'y in ſuch a time or place as was dangerous. mw Which if he were notable ro do, It is probable he was to be (old for it, as in like caſes was provided.
7 7 Ifaman $hal)l deliver unto his neighbour money
if the thief be found, let him pay double. » Heb. Yeſſels, Garments, Utenſils, or any kind of Heuſholq-
uff. 8 If the thief be not found, then the maſter of the houſe shall be brought unto the judges 70 ſee o whether he have put his hand into his neighbours goods p.
e That they may examine all Circumſtances, and uſe all means to find our the Trurh,by offering him his Oath, or otherwiſe. p Ei- ther to take and reſerve them for his own uſe, or to diſpoſe of them to another for his own advantage.
For all manner of treſpaſs q, whether it be for ox, for aſs, for ſheep, for raiment, «or for any manner of loſt thing, which another challengeth co be his r, the cauſe of both parties ſhall come unco the judges, and whom the judges shall condemn 5s, he shall pay double unto his neighbour.
q To wit, about matters depoſited upon truſt, and loſt, of which alone this place ſpeaks. r Oc, when, or concerning which he ſhall ſay, this is it, wiz. the thing that I have loſt; or rather, this is he, to whom I commirrted ir, and whom I ſuſpett and charge as guilty. 5 Whether the perſon with whom the things were depoſited, if rhey judged him guilty of Thefr, or the Depoſitor, 1f he were con- victed of a falle Accuſation.