f the Divine precept, which
all were bound to know. The third degree was when a man sinned from
pride, i.e. through deliberate choice or malice: and then he was
punished according to the greatness of the sin [*Cf. Deut. 25:2]. The
fourth degree was when a man sinned from stubbornness or obstinacy:
and then he was to be utterly cut off as a rebel and a destroyer of
the commandment of the Law [*Cf. Num. 15:30, 31].

Accordingly we must say that, in appointing the punishment for theft,
the Law considered what would be likely to happen most frequently
(Ex. 22:1-9): wherefore, as regards theft of other things which can
easily be safeguarded from a thief, the thief restored only twice
their value. But sheep cannot be easily safeguarded from a thief,
because they graze in the fields: wherefore it happened more
frequently that sheep were stolen in the fields. Consequently the Law
inflicted a heavier penalty, by ordering four sheep to be restored
for the theft of one. As to cattle, they were yet more difficult to
safeguard, because they are kept in the fields, and do not graze in
flocks as sheep do; wherefore a yet more heavy penalty was inflicted
in their regard, so that five oxen were to be restored for one ox.
And this I say, unless perchance the animal itself were discovered in
the thief's possession: because in that case he had to restore only
twice the number, as in the case of other thefts: for there was
reason to presume that he intended to restore the animal, since he
kept it alive. Again, we might say, according to a gloss, that "a cow
is useful in five ways: it may be used for sacrifice, for ploughing,
for food, for milk, and its hide is employed for various purposes":
and therefore for one cow five had to be restored. But the sheep was
useful in four ways: "for sacrifice, for meat, for milk, and for its
wool." The unruly son was slain, not because he ate and drank: but on
account of his stubbornness and rebellion, which was always punished
by death, as stated above. As to the man who gathered sticks on the
sabbath, he was stoned as a breaker of the Law, which commanded the
sabbath to be observed, to testify the belief in the newness of the
world, as stated above (Q. 100, A. 5): wherefore he was slain as an
unbeliever.

Reply Obj. 10: The Old Law inflicted the death penalty for the more
grievous crimes, viz. for those which are committed against God, and
for murder, for stealing a man, irreverence towards one's pare