The twelfe Chapter. ¶ The eight commandement; Thou shalt not steale. And first of theft, sacrilege, and the stealing awaie of mens seruants and children.
1 AS touching theft; it is theft, when we withhold that, which is an other mans, against the will of the owner; or else, when we by iniurie drawe vnto vs other mens goods; or when we distribute not that which is our owne, when néed requireth. And there be manie other kinds of thefts. But in the table of the ten commandements, 2 the chéefe purpose is onelie to set foorth a bréefe summe; and that after the plainer and homelier sort, in the which we may vnderstand all the parts thereof. The head and summe of all theft, is couetousnes. Euen as in the vnhonester sort of pleasures, onlie adulterie is expressed, vnder which are comprehended all kinds of vncleanes: so vnder the name of idolatrie, all kind of false worshipping is forbidden; whereas that onelie is expressed, which is most grosse. For a strange god is forbidden vs; so likewise are grauen images, and sundrie formes. 3 Wherefore, when anie of the ten commandements of God is set downe vnto vs, it is our part to consider well, what things be comprehended vnder that sinne. Further, the root must be sought out, and there against we must striue with all the might we haue. Couetousnes or theft hereof springeth, that we distrust GOD, and are alwaies afraid, least we should want anie thing. But adulterie, and all vncleannesse of the flesh, springeth from the desire of voluptuous pleasures: as Christ expressed, when he said; If a man looke vpon a woman, to lust after hir, he hath alreadie committed adulterie in his heart. And against this concupiscence we ought to wrestle.
As touching murder, Christ hath likewise admonished vs, 4 that we should take cleane awaie anger, as the root thereof. Sacrilege also is to catch, 5 and rashlie vsurpe to a mans selfe, holie things, which be dedicated vnto God, 6 or due vnto him, either in respect of a vow, or a separation. The Iewes were co~manded in the lawe, 7 not to spare idols: for they ought to haue ouerthrowne and destroied them all. But they, being drawne by couetousnesse, reserued them vnto themselues, and turned them to their owne commodities. So sinned Achan, and also Saule, 8 when he had ouercome Amalech. Contrariewise, Moses gaue an excellent example of courage, 9 when he not onelie brake the golden calfe; but also did beat it into pouder, and threw it into the riuer. But if the relikes of the idoll had remained still, peraduenture the Israelits, as they were mad vpon them, would haue worshipped them. Vndoubtedlie the Common-weale, 10 and our magistrates, may take awaie those things, which are superstitious, and conuert the prices of them to good and godlie vses: yet priuate men may not doo so. But the Hebrues were generallie forbidden, that they should not kéepe such things; especiallie such as they had curssed.
2 Theft was not a crime of death: 11 but if there were found anie stolne thing in the hand of the robber, the thing stolne was restored. Howbeit, if he had either slaine it, or sold it; he restored foure oxen for one, and fiue shéepe for one. But Dauid made it death; He deserueth death (saith he,) and willeth, that there should be restored eight fold: if we follow the rules of grammar. For Arbathai⟨…⟩m is the duall number: albeit the Chaldaean interpretor, and some of the Hebrues take it for foure fold. What shall we answer herevnto? We answer two manner of waies. The first is, that the lawe ought to be kept after the ordinarie and equall manner; but it laie in the Iudges hands to increase or diminish the punishments, according to the nature of the circumstances. What were the circumstances, for the which Dauid augmented the punishment? He that stole, was a rich man; Further, he stole from one that was poore: which also dooth aggrauate the cause. To take somewhat, where great store is, is not so great a matter. Besides, he tooke from him that one, which of all other he held most deare vnto him. Wherefore did he so? To giue good interteinement to his ghest, who (perhaps was an ill man) and to make good chéere with him. Wherefore it must not séeme anie maruell, if Dauid augmented the punishment. Yea but thou saiest, 12 that this is to alter the lawe of God, whereof God said; Neither adde thou vnto it, neither take thou from it. They saie: there be no words added, the lawe remaineth perfect; but forsomuch as the law-maker cannot expresse all cases, it commeth to passe, that it is put to the discretion of iudges, either to aggrauate, 13 or to diminish the sentence. Notwithstanding, that is a great matter, when the sentence of the iudge is so aggrauated, as it maketh that to be death, which is no crime of death. He might haue said; If it be not inough to restore home foure, or eight fold, let him paie ten, twentie, &c.