CHAPTER X.

OFFENSES AGAINST PROPERTY, OR THE EIGHTH, NINTH, AND TENTH COMMANDMENTS.

THE EIGHTH COMMANDMENT IS,

In Exod. xx, 15.-Thou shalt In Deut. v, 19.-Neither shalt not steal. thou steal.

On this head the Mosaic law enters into many details, and the principles will be found to exhibit the highest discriminative wisdom. And though every detail is not applicable to modern times, or to the European state of society, yet the principles are so; and the more closely they can be attended to in modern codes of laws, the more will there be of justice and equity. The main principle was, restitution for the injury done, and so as to restrain the evil-doer, but not to take man's life for the matter of property.

The only exceptions, the only cases in which death was permitted as punishment for crimes under this head-were those of burglary by night, (Exod. xxii, 2,) already noticed, and for MAN-STEALING, the taking a free-born Israelite by craft or violence to enslave him or sell him for a slave, Exod. xxi, 16; Deut. xxiv, 7. Thus, to tear a man from all near and dear to him, and transfer him into a state of dependence upon the will or caprice of another, probably of a heathen, was indeed a deliberate murder of the individual as to all earthly happiness, though not destroying at once the spark of life.

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The objects for theft in the early state of the Israelites would naturally be their flocks and herds. In the simplest case, when the stolen ox or sheep was found, so that it could be restored to the owner, the thief was to double the value, to "restore double," Exod. xxii, 4. The same rule was also applicable for all manner of trespass," "for raiment, or for any manner of lost thing," ver. 9; but if it was an ox, sheep, or goat, and the animal was killed, so that the owner could no longer have the same use of it as before, then the restitution or penalty was fivefold for an ox, fourfold for a sheep or goat, Exod. xxii, 1. In later times, a thief, in all cases, seems to have been required to pay sevenfold,

Prov. vi, 30, 31. Thus the penalty became a debt; it was treated as such, and if the thief had nothing, it is enacted, (Exod. xxii, 3,) "then he shall be sold for his theft," whether for the usual period of the service of a Hebrew slave, (Exod. xxi, 11,) which was six years, or according to the value of the article and of the service, does not very clearly appear.

There is in Lev. vi, 2-5, a remarkable provision in favor of one guilty of theft, but repentant. Though it could not be proved against him at the time, if he afterwards confessed his guilt, he was cleared on restoring the amount lost, and one-fifth of its value besides.

There are many cases specified of careless and willful damage or injury without theft, stated in Exod. xxii, 5, 6. Another class of precepts extended to property committed in trust to others, Exod. xxii, 7-13; but there were exceptions in the case of live animals which might have strayed, or suffered from circumstances the party intrusted could not control. A borrowed article, if lost or damaged, was to be replaced unless the owner himself was with it, Exod. v, 14, 15. In these and other cases there are some minute discriminations, which have been adopted in the laws of our own country, as important in guiding to just and equitable proceedings.

The laws respecting DEBT had many enactments peculiar to the circumstances of the Jews. Åll usurious profit or interest, or benefit, over and above the return of the article intended, was forbidden among their own countrymen, though they might take interest from strangers. This was an important regulation, calculated to retain the mass of the Jewish people in the middle state, which was especially marked out for them, and which, when all things are considered, is the happiest for a people. It is however evident, that such a state of things cannot continue, unless a nation is actuated by the principles of true religion, both to restrain the ambitious and covetous, and to excite the indolent and dissipated to activity and industry. It will commonly be found that the rise of some, and the depression of others, is owing to the ignorance, idleness, or vices of those who sink, more than to rapacity or oppression in those that rise. Parents cannot be too diligent in training up their children in habits of activity, industry, and carefulness. These may

indeed degenerate into covetousness when the mind is not regulated by the fear of God; but where carelessness, and waste, and indolence become habitual, there will be found deplorable results, not only to the parties themselves, but to all connected with them. The Mosaic laws were quite as much opposed to the habits and practices of pauperism as to the vast and useless accumulation of property. There are many precepts to relieve the poor man, but the poor Israelite was a very different being from the English pauper, or the beggar of Popish countries. Under the very different state of society in Europe at the present day, there is nothing to prevent the taking a moderate use or interest for money, which does not extend to oppression. A large number of the means of livelihood at the present day can only be followed by borrowed capital. The sharing of property, on the one hand, and allowing the use of capital on the other, under such circumstances, is quite in accordance with the principles of the Divine law. There are, however, cases in which usurious and oppressive returns are exacted, and these are as contrary to the principles of Christianity as they are to the letter of the Jewish law. The borrower also was protected in many little points affecting his feelings. If a pledge was taken for a debt, the lender was not to enter the house and choose an article at his will, but was to wait at the door, allowing the borrower to select what he could best spare, (Deut. xxiv, 10, 11,) as was noticed p. 284; and as this would probably be an article of clothing, for no one was supposed likely to borrow but in cases of absolute necessity, it was to be restored him for his use at night; Exod. xxii, 25-27; Deut. xxiv, 12, 13. This enactment shows that it was never intended that there should be even a borrower, unless in case of what we should call deep poverty. The millstone, the article for daily use, was not at all to be taken, Deut. xxiv, 6.

When debts were contracted, the lender was not to be wronged. Here the laws of antiquity were very severe, sometimes giving creditors power over the lives of their debtors. In Rome, more than one insurrection was occasioned by the cruelty of creditors; but the Mosaic law did not allow of such proceedings. It is true, that the property of the debtor was answerable for his debts, and

even his person and that of his family, in case of the land and other property being insufficient to repay the loan; but still the debtor was not to be plunged into irremediable and hopeless poverty. The law of the jubilee fully provided for a return to former privileges, as already fully explained, page 311. Imprisonment for debt, as mentioned Matt. xviii, 34, was not permitted by the Mosaic law. All loans and all servitude was for a limited period only, and a beautiful exposition of duty was recorded, to prevent any grudging at this principle of good-will to others, Deut. xv, 7-11. In various places in the Old and also in the New Testament, there are notices which illustrate the Jewish law of debtor and creditor, and the manner in which it was at times departed from. The debtors that resorted to David, 1 Sam. xxii, 2. The family of the son of the prophets, 2 Kings iv, 1-7. The oppressed debtors, that cried to Nehemiah, Neh. x. The cautions in the Book of Proverbs, xxii, 6, 7. The parables of our blessed Lord, Matt. xviii; Luke vii. The word by the prophet Ezekiel, xviii, 7; and in the comment on the Lord's Prayer, Matt. vi, 12–15. But the injunction by the apostle, "Owe no man anything, but to love one another," (Rom. xiii, 8,) is not less a command; and the observance of it is equally needful to comfort and real enjoyment of life. When Elisha multiplied the widow's oil, he directed her first to go and pay her debt, and to live on what remained.

Becoming surety for a debt does not appear to have been sanctioned by the law, though afterwards practiced; this explains the express cautions against it, Prov. xi, 15; xvii, 18; xxii, 26. At the present day these cautions are important, and should be attended to, both as principles and as matters of practice. Whenever such engagements exceed what can be met without serious injury, they are often injurious, not only to the surety, but to those dependent on him.

We may also observe the range of this command in Lev. xix, 13, "Thou shalt not defraud thy neighbor, neither rob him: the wages of him that is hired shall not abide with thee all night until the morning."

Before leaving this law, let the institution of the jubilee be again referred to, as a happy means to promote the middle state of society by the process of readjustment being

ELISHA MULTIPLYING THE WIDOW'S OIL.

perpetuated, without injustice, violence, or leveling. Property in effects or houses was not to return, in those days, but under the circumstances that existed, there could be no very great accumulation; for lending of money or commodities for the sake of gain was forbidden.

THE NINTH COMMANDMENT.

In Exod. xx, 16.-Thou shalt not bear false witness against thy neighbor.

In Deut. v, 20.-Neither shalt thou bear false witness against thy neighbor.

This law has been well said to include all crimes of MALICE. The bearing false witness in matters of judicature is not the only evil forbidden, though that is very strongly marked, Exod. xxiii, 1-3; and all leaning to either party, even to the poor out of compassion, is expressly forbidden, Exod. xxiii, 1-3. Lev. xix, 15, was applicable to witnesses as well as to the judge. The punishment of false witnesses is very clearly stated, and very equitably settled, Deut. xix, 16-21. This was a strong protection to the poor man. If the witness be a false witness, and hath testified falsely against his brother; then shall ye do unto him as he had thought to have done unto his brother: so shalt thou put the evil away from among you."

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