Commentary on Genesis and Exodus, Addendum
THE EXPLANATION AND RECONCILIATION of that point of theft, handled pag 3. and pag. 5. of this Commentarie.
WHereas pag. 3. lin. 32. Piscators opinions misliked, which would not have simple theft punished by …ath, and yet, pag. 5. lin. 13. the same seemeth to be affirmed: in …he first place understand by simple theft, such theft as concurr…h not with another sin, as the…t, violence and such like: in the other, that is …lled simple theft, which is onelyonly upon extreame necessitie, and committed in …mplicitie. In the first sense, simple theft may be punished by death, not in the …cond.
Neither in that place, pag. 5. is any exception take to the lawes of the Realme, as too rigorous against simple theft: but it is main…ined, that the lawes of the land intend not the punishment of *That he which s…leth onelyonly to sat…fi…h▪ … for it by the fundamen…all lawes of …, is evident …, and … law books as is we…l knowne to those wh…c… professe the law.death for such imple theft, as is more at large shewed, pag. 412. quest. 3. chap. 22. but alloweth …he favour of the booke. OnelyOnly a request is made to Reverend Iudges, that …o great exactnesse bee not required in reading, of such simple Clearks. B… it will be objected, that such as steale for necessity, being once acquitted, an… burnt in the hand, if they be deprehended in the like againe, do die for it: a…d therefore the law of the land punisheth simple theft with death. The answe… is, tha… now it is not simple theft, being joyned with obstinacie, and custome … sinne.
Againe, it will be objected, that women …tealing for necessitie, being not admitted to the privilege of their booke, though they steale onelyonly for necessitie, doe suffer death for such theft. It may be …nswered, that in women, such kinde of theft argueth great boldnesse and impu…encie, to whom their naturall shamefastnesse and impotencie ought to be a br…lle, more …an unto men, and therefore in them it is a greater fault: and yet if …he like favour were extended to them, as to men in the like cases, no great inconvenience nee… to be feared. Thus much in this place I thought good to advertise the Reader o…, lest there might be any mistaking.
This laborious and painfull worke was finishe… by the Lords grac…ous assistance, the fifth of Iune, Anno Domini 1608. aetatis Authoris, 46. P…ysed be God our …eavenly Father, with the holy Spirit, through Christ Iesus our most blessed Lord and Saviour forever, Amen.
FINIS.
End of the text · Andrew Willet, Commentary on Genesis and Exodus (1633)