of their own equity, and give such rules of justice as were then, and are still, in use, for the deciding of similar controversies that arise between man and man. But I conjecture that these cases might be specified, rather than others, (though some of them seem minute,) because they were then cases in fact actually depending before Moses; for, in the wilderness, where they lay closely encamped, and had their flocks and herds among them, such mischiefs as these last mentioned were likely enough to occur. That which we are taught by these laws, is, that we be very careful to do no wrong, either directly or indirectly; but that, if we have done wrong, we must be very willing to make satisfaction, and desirous that nobody may lose by us.
CHAP. XXII.
The laws of this chapter relate, I. To the eighth commandment, concerning theft; (v. 1..4.) Trespass by cattle; (v. 5.) Damage by fire; (v. 6.) Trusts (v. 7..13.) Borrowing cattle, (v. 14, 15.) or money, v. 25..27. II. To the seventh commandment. Against fornication; (v. 16, 17.) Bestiality, v. 19. III. To the first table, forbidding witchcraft, (v. 18.) Idolatry, v. 20. Commanding to offer the first fruits, v. 29, 30. IV. To the poor, v. 21..24. V. To the civil government, v. 28. VI. To the peculiarity ofthe Jewish nation, v. 31.
1.IF a man shall steal an ox, or a sheep, and kill it, or sell it; he shall restore five oxen for an ox, and four sheep for a sheep. 2. If a thief be found breaking up, and be smitten that he die, there shall no blood be shed for him. 3. If the sun be risen upon him, there shall be blood shed for him; for he should make full restitution: if he have nothing, then he shall be sold for his theft. 4. If the theft be certainly found in his hand alive, whether it be ox, or ass, or sheep, he shall restore double. 5. If a man shall cause a field or vineyard to be eaten, and shall put in his beast, and shall feed in another man's field; of the best of his own field, and of the best of his own vineyard, shall he make restitution. 6. If fire break out, and catch in thorns, so that the stacks of corn, or the standing corn, or the field, be consumed therewith; he that kindled the fire shall surely make restitution.
Here are the laws,
1. Concerning theft, which are these; (1.) If a man steal any cattle, (in which the wealth of those times chiefly consisted,) and they be found in his custody, he must restore double, v. 4. Thus he must both satisfy for the wrong, and suffer for the crime. But it was afterward provided, that, if the thief were touched in conscience, and voluntarily confessed it, before it was discovered or inquired in to by any other, then he should only make restitution of what he had stolen, and add to it a fifth part, Lev. 6. 4, 5. (2.) If he had killed or sold the sheep or ox he had stolen, and thereby persisted in his crime, he must restore five oxen for an ox, and four sheep for a sheep; (v. 1.) more for an ox than for a sheep, because the owner, beside all the other profit, lost the daily labour of his ox. This law teaches us, that fraud and injustice, so far from enriching men, will impoverish them: if we unjustly get and keep that which is another's, it will not only waste itself, but it will consume that which is our own. (3.) If he was not able to make restitution, he must be sold for a slave, v. 3. The court of judgment was to do it, and it is probable that the person robbed had the money. Thus with us, in some cases, felons are transported into plantations where alone Englishmen know what slavery is. (4.) If a thief broke a house in the night, and was killed in the doing of it, his blood was upon his own head, and should not be required at the hand of him that shed it, v. 2. As he that does an unlawful act bears the blame of the mischief that follows to others, so likewise of that which follows to himself. A man's house is his castle, and God's law, as well as man's, sets a guard upon it; he that assaults it does it at his peril. Yet if it were in the day-time that the thief was killed, he that killed him must be accountable for it, (v. 3.) unless it were in the necessary defence of his own life. Note, We ought to be tender of the lives even of bad men; the magistrate must right us, and we must not avenge ourselves.
2. Concerning trespass, v. 5. He that wilfully put his cattle into his neighbour's field, must make restitution of the best of his own. Our law makes a much greater difference between this and other thefts, than the law of Moses did. The Jews hence observed it as a general rule, that restitution must always be made of the best, and that no man should keep any cattle that were likely to trespass upon his neighbours, or do them any damage. We should be more careful not to do wrong, than not to suffer wrong, because to suffer wrong is only an affliction, but to do wrong is a sin, and sin is always worse than affliction.
3. Concerning damage done by fire, v. 6. He that designed only the burning of thorns, might become accessary to the burning of corn, and should not be held guiltless. Men of hot and eager spirits should take heed, lest, while they pretend only to pluck up the tares, they root out the wheat also. If the fire did mischief, he that kindled it must answer for it, though it could not be proved that he designed the mischief. Men must suffer for their carelessness, as well as for their malice. We must take heed of beginning strife; for though it seem but little, we know not how great a matter it may kindle, which we must bear the blame of, if, with the madman, we cast fire-brands, arrows, and death, and pretend we mean no harm. It will make us very careful of ourselves, if we consider that we are accountable, not only for the hurt we do, but for the hurt we occasion, through inadvertency.
7. If a man shall deliver unto his neighbour money or stuff to keep, and it be stolen out of the man's house; if the thief be found, let him pay double. 8. If the thief be not found, then the master of the house shall be brought unto the judges, to see whether he have put his hand unto his neighbour's goods. 9. For all manner of trespass, whether it be for ox, for ass,for sheep, for raiment, or for any manner of lost thing, which another challengeth to be his, the cause of both parties shall come before the judges; and whom the judges shall condemn, he shall pay double unto his neighbour. 10. If a man deliver unto his neighbour an ass, or an ox, or a sheep, or any beast, to keep; and it die, or be hurt, or driven away, no man seeing it: 11. Then shall an oath of the Lord be between them both, that he hath not put his hand unto his neigh-
