Law's against theft. NDER this head we fhall include not only thofe Theft. which are against taking away another man's property, whether privately, or by open force; but, alfo, against every act of fraud and injuftice, which is contrary to the right and common faith of mankind. I. As to theft, it must be obferved, that the Jews understood the words in the decalogue, Thou shalt not steal w, of menftealing; and thought that the other fort of theft was implied in the last precept, Thou shalt not covet: but we shall include them under the fame head. w Exod. xx. 15. understood it in another, and more lax fenfe. The form of the bill of divorce was to this effect: Such a day, month, and year, I, fuch an one, of fuch a place, upon or near fuch a river, do, of my own free confent and choice, repudiate thee, fuch an one, my late wife, banish thee from me, and reflore thee to thy own liberty; and thou mayeft, henceforth,go whither,and marry whom thou wilt: and this is thy bill of divorcement, and writing of expulfion, according to the law of Mofes and Ifrael. Signed by two witnesses; and delivered in the prefence of as many, at least (27). From this time the wife was as much at her liberty, as if she had been a widow; only, in both cafes, fhe was obliged to stay, at leaft, go. days, before she was married to another, left she should prove pregnant by the laft. Touching the controverfy, Whether women might like wife divorce their husbands, up on the fame grounds that they might be divorced by them, we can only fay, that we do not find any fuch indulgence granted to them by Mofes, unless in the cafe of a virgin betrothed by her parents before she was twelve years of age, who might then refufe to ratify the contract which her parents had made, without giving any other reafon than that he did not like the perfon defigned for her. But this cannot be called a divorcement, becaufe there is not marriage in the cafe. Jofephus therefore thinks, that a divorce was fo far from being permitted, to women, that, if the hufband forfook his wife, it was not lawful for her to marry another, till fhe had first obtained a divorce from him. He adds, that Salome, fifter to Herod the Great, was the first who took upon her to repudiate her husband, whofe example was foon followed by others, mentioned by the fame, author (28). (27) Vid. Mof. Kotz, fol. 133. & Mof. Egypt. part. ii. fol. 59. Seld. (28) Ant. 1, xv. c.11. xviii. 7. XX. 15. Buxt.&Goodw. ubi fup. & in vit, fua. THE ftealing of a man was the only capital theft un der the law of Mofes (Y); and whether the ftolen perfons had been fold, or were ftill in the poffeffion of the thief he was to be put to death. All other theft was punished by reftitution, and the addition of a fine, according to the nature of the theft; only the man, that broke into an houfe in the night to rob, might be with impunity killed, though not in the day-timey. He that ftole an ox, was to reftore five oxen; if a fheep, or a goat, four fheep, or four goats; but if he had neither killed nor fold them, but they were found alive with him, he was only to pay two for one a. In cafe the thief had not wherewith to make fatisfaction according to the law, it was lawful for the profecutor, if he was an Ifraelite, to fell him, but not if he was a profelyte of any kind; neither could the former fell him to any but to an Ifraelite. If he had a wife and children, they might likewife be fold with him, till fatisfaction was made to the offended; at least it seems to have been fo understood, and practifed, by the Jews, in cafes of debt, though Mofes mentions none here but the thief (Z). WHEN (Y) The Jews, however, confine it to the stealing of an Ifraelite, and not without fome ground; becaufe Mofes, in another place (29), expreffes it, If a man be found ftealing any of his brethren, of the children of Ifrael; which exception the Targum of Onkelos (30), and the Septuagint, have added, alfo, to the text in Exodus. Abenezra doth even understand it of children that cannot fpeak. As for the ftealing of ftrangers, the offender was not to be put to death, according to them, but only to make reftitution. (Z) This may be gathered from the words of the prophet Elifba (31) to the widow; and (29) Deut. xxiv. 7. (32) Mat, xviii. 25. z Ibid. ver. 1. from the parable in the gospel, where the creditor commands the wife and children, as well as the infolvent debtor, to be fold, and payment to be made (32). As foon as a fufficient equivalent had been made by fervitude, they were to be reftored to their freedom again, tho' by another law (33): but if the thief was unmarried, and his mafter gave him a wife during the time of his fervitude, the children that he had by her were his master's property. On this law they engrafted another, agreeing to fhorten a married man's fervitude, on condition he begat a certain number of flaves, for the benefit of his WHEN a man was fufpected of theft, and the prosecutor had not fufficient proof against him, he might bring him before the judges, and have both him, and those whom he thought his accomplices, examined upon oath. If they could be afterwards proved forfworn, they were put to death, not for the theft, but for the perjury. The fame law reached, alfo, to the receiver or concealer of stolen goods, knowing them to be fuch h; for fo they understood the words, He shall bear his iniquity (A). ́All kind of ufury, : h Levit. v. I. creditor, upon fome woman whom his mafter gave him; with this pretended provifo, however, that he fhould not deprive his own wife of the nuptial due. In cafes of petty In cafes of petty larcenies the laws feem ftill more indulgent, and the crime was not looked upon as infamous, according to that of Solomon, A thief is not defpifed that flealeth to fatisfy his hunger; but if he be found, he shall refore fevenfold, he shall give all the fubftance of his houfe (34) where the word fevenfald means only more or lefs, according to the theft, as far as his whole fubftance would reach. It is plain, however, that the law of Mofes was far enough from countenancing fuch kind of theft, fince it allowed a man, in cafes of extreme want, to fell himself to fome master for any term of years, even to that of the jubilee (35). He was even permitted to fell an unmarried daughter, upon condition, either that the buyer fhould marry her, or, if he did not, that she should be redeemed by the highest bidder that would (36). (A) All these kind of matters were to be tried before the judges of the place where the fact was done; and it was left to them, in many cafes, to appoint the fines and punishments of the offender, according to the nature and circumstances of the fact: only the Jews add, that if the thief came and accufed himself, and restored the ftolen goods, he was not to have any further punishment; becaufe, fay they, he was condemned not by the judges, but by himself (37). Mofes gave them, alfo, many other wholfome laws relating to things committed to another's care, or pledged for a time; fuch as cattle, houfhold - goods, garments, and the like; in cafe they came to be loft, or damaged (38); which we shall not dwell upon. Only thus much we may add, that, in all cafes where any fatisfaction was made, the perfon wronged, or his next heir, was the only perfon intitled to it: but if he died without heirs, then the priest might claim it as his due.. (35) Levit. xxv. 39, 40. (36) Exod.. (37) Vide Maim, tra&t. genubah, l.i. ex. Exod. xxii. 9. (34) Prov. vi. 30, 31. xxi. 7, & feq. (38) Exod. xxii. 7, & jeq, Ufury. ufury, whether of money, grain, apparel, &c. was likewife forbid by the law of Mofes, in more places than one, from one Ifraelite to another; in which cafes, the ufurer might be compelled, by the judges, to refund the ill-gotten wealth. They were commanded, on the contrary, whenever a brother was waxed poor, to fupport and affift him with fuch things as he needed, without propofing to themfelves any other advantage, by fo doing, than the bleffing of GOD attending it but of ftrangers, that is, of the gentiles, they were permitted to take fome ufury; yet fo All kind of as not to opprefs them by too great extortion, or, indeed, oppreffion. in any other way: for, in fuch cafes, the ftranger is put upon the fame foot with the fatherlefs and the widow, whofe protector Gop every-where declares himself, with very fevere threatenings, againft those who were wanting in kindness and hospitality towards them ? (B). n Exod. xxii. 25, & feq. Laws Levit. xxv. 36, & feq. Deut. xxiii. He likewife forbad not only (B) Oppreffing of fervants (43); removing of land-marks (44); digging of pits and leaving them uncovered (45); and many more of the like nature; were likewife reckoned enormous crimes: which, if found out, were cognifable by the judges, who were impowered to caufe fuitable fatisfaction to be made; if not, there were terrible curfes denounced against the tranfgreffors by GoD, from whofe all-feeing eye they could not be concealed, and from whofe juftice they could not escape unpunished. Taking things in pledge from the indigent, of which they stood in conftant need; fuch as their garments, bed-cloaths, the nether or upper mill-ftone, and the like; was no less forbidden, (39) Deut. xxv. 13, & feq. (40) Levit. xix. 11. xxv. 14, & alib. (41) Ibid. xix. 13. Deut. xxiv. 14, 15. (42) Ibid. v. 14. XXV.4. (43) Levit. xix. 14. (44) Deut. xix. 14. (45) Exod. xxi. 33 The Laws against falfe witness. THE foundation of them is in that of the decalogue, False wit Thou shalt not bear falfe witness against thy neighbour. nefs. Wherein we fhall only obferve, that the word which our vertions render Speak, fignifics, according to the original, to anfwer to an interrogation, fuch as the judges exacted from perfons fummoned to give evidence in any cafes that came before them, either by oath, or bare examination. The judges were bound to abide by the teftimony of two or three witneffes, efpecially in capital cafes, a fingle one not being fufficient to condemn any man 2 (C). 6 TH Laws against coveting another's property. HE tenth precept of the decalogue, Thou shalt not covet thy neighbour's houfe, wife, &c 2, is juftly efteemed, by the Jewish doctors, the prop and foundation of all the other laws of the fecond table; and he that obferves this, is in no danger of breaking the reft. Whether Exod. xx. 16. xxiii. 2. Deut, v. 20. z Deut. xvii. 6. a Exod. xx. 17. Deut. v. 21. The perfon fo oppreffed might appeal to the judge, and he cause them to be restored: but we do not find, that any other punishment was ordain'd againft the delinquent (46). We omit feveral other laws of the fame nature, which the reader may fee among their negative precepts (47). (C) To deter men,therefore, as much as poffible, from giving falfe evidence, the law condemned a falfe witness to the fame punishment which he would have inflicted on the innocent (48); and if examined upon oath, and proved for fworn, he was to be put to death, as was hinted before, let (46) Deut. xxiv. 10. 17, & feq. (47) Vid. præc. 150, ad 196, the |