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John Calvin on Exodus 22:3-4

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Exodus22:3-4

3. He should make full restitution. These words, as I have said, are connected with the first verse, since here the execution of the punishment is only enjoined; as if God forbade thieves to be spared, but that they should pay either twofold or quadruple, or even quintuple, according to the measure of their crime. But, if they were unable to pay, He commands them to be sold as slaves, which also was the custom at Rome. Whence the saying of Cato, “Sed enim M. Cato in oratione quam de praeda militibus dividenda scripsit, vehementibus et illustribus verbis de impunitate peculatus atque licentia conqueritus. Ea verba, quoniam nobis impense placuerunt, adscripsimus: Fures (inquit) privatorum furtorum in nervo atque in compedibus aetatem agunt: fures autem publici in auto atque in purpura.” — A. Gell. 11 ult. “that private thieves lived in bonds and fetters, but public ones in gold and purple.” And since this condition was a harsh one, a caution is expressly given, that they were not to be absolved on the score of their poverty. If any one should ask whether it was lawful for the owner of the thing stolen to recover double or quadruple its value, I answer, that what God awards, a man has the best of rights to; meanwhile, in equity men were bound to take care that they did not grow rich at the expense of others, but rather were they to apply whatever they gained to pious and holy uses.

Exodus 22

Exodus 22:5-15

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.

5. Si depasci fecerit quispiam agrum aut vitem, et immiserit jumentum suum ut depasceretur agrum alterius: bonum agri ejus et bonum vineae ejus restituet.

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.

6. Quum egressus fuerit ignis, et invenerit spinas: absumptusque fuerit acervus, vel seges, vel ager, reddendo redder qui ignem accendit, rem combustam.

7. If a man shall deliver unto his neighbor money or stuff to keep, and it be stolen out of the man’s house; if the thief be found, let him pay double.

7. Quum dederit quispiam proximo suo argentum, vel vasa ad custodiendum, et furto ablatum fuerit e domo viri illius: si inventus fuerit fur, reddet duplum.

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 neighbor’s goods.

8. Si non inventus fuerit fur, tunc applicabitur dominus domus ad judices, annon miserit manum suam in substantiam proximi sui.

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 neighbor.

9. Super omni causa praevaricationis, super bove, super asino, super pecude, super vestimento, super omni re amissa: quum dixerit quispiam hoc esse, usque ad judices veniet causa utriusque: et quem damnaverint judices, is reddat duplum proximo suo.

10. If a man deliver unto his neighbor 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:

10. Si dederit quispiam proximo suo asinum, vel bovem, vel pecudem, aut quodcunque animal ad custodiendum, et mortuum fuerit, aut contractum, aut ab hostibus captum nemine vidente.

11. Then shall an oath of the Lord be between them both, that he hath not put his hand unto his neighbor’s goods; and the owner of it shall accept thereof, and he shall not make it good.

11. Juramentum Jehovae erit inter utrumque, annon miserit manum suam in substantiam proximi sui, et juramentum suscipiet dominus ejus, et non reddet.

12. And if it be stolen from him, he shall make restitution unto the owner thereof.

12. Quod si furto ablatum fuerit ei, reddet domino ejus.

13. If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn.

13. Si vero rapiendo raptum fuerit, adducet ei testem: raptum non reddet.

14. And if a man borrow ought of his neighbor, and it be hurt, or die, the owner thereof being not with it; he shall surely make it good.

14. Si commodato acceperit quispiam a proximo suo, et confractum fuerit aut mortuum domino ejus absente, reddendo reddet.

15. But if the owner thereof be with it, he shall not make it good: if it be an hired thing, it came for his hire.

15. Si dominus ejus fuerit cum eo, non reddet: si conductum fuerit, veniens pro mercede sua.

John Calvin, Commentaries, Exodus 22:3-4. Public domain.

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