A practical exposition of the X. Commandments with a resolution of several momentous questions…A practical exposition of the X. Commandements with a resolution of several momentous questions…

As to the 3. Consideration of the punishment of theft, what it may be in the Civil Courts of men, or by the Magistrate, we will not insist here without our sphere and line: But to speak here a little to the punishment of direct and plain theft, which is that commonly noticed and pu •••ed among men, certainly Blasphemy, Adultery, and such other sins are in themselves at least no less, if not more capital then this: And those who have observed the Laws and Customs of Nations assert, That in no place generally theft was punished with death, till Draco, that bloody Prince (whose Laws were written in blood) did it; certainly the Politic or Judicial Laws of Moses were for tenderness, as conscientious, for equity, as just, and for wisdom, as profitable, Laws to the Commonwealth, as ever any since were, or could be, being immediately Divine, yet find we not death ordained by them to be inflicted upon it, but restitution to be made double, fourfold, or fivefold, according as the thing was in worth, and as the neighbour was prejudged by the taking it away, Exod. 22.1, 2. It is true, if the man had nothing, then was he to be fold for his theft, to make up his neighbours loss, Exod. 22 3. And if in the night one had been smitten digging through a house, it was not to be accounted murder: If I say, it was in the night, or before Sun-rising, because that by these circumstances it became a violation of mens common security, and the design of such an atrocious attempt might be presumed to be against the life or persons of men: And upon this ground, such Robbers as break the public peace, that men through fear of them cannot travel, go about their affairs, or live at home; or whose robbery doth carry direct hazard to mens lives with it, these upon that account are worthy of death; but not so much for sinning against this Command as against the sixth; the Reason is, because there is no proportion betwixt a mans wronging another in his goods, and the losing of his life, and in justice, where circumstances do not highly aggredge the crime, and bring it under some other consideration, there should be a proportionableness betwixt the crime or hurt done, and the punishment and retribution thereof, as ⟨p. 428⟩eye for eye, hand for hand, &c. otherwise it were better and more safe to thrust out a mans eye, then to steal his horse or sheep.