COMMENTARIES
ON
THE
FOUR LAST BOOKS OF
MOSES
ARRANGED
IN
THE FORM OF A HARMONY
BY JOHN
CALVIN
TRANSLATED FROM THE ORIGINAL LATIN,
AND COMPARED WITH THE
FRENCH EDITION,
WITH ANNOTATIONS, ETC.
BY THE
REV. CHARLES WILLIAM BINGHAM,
M.A.,
RECTOR OF MELCOMBE-HORSEY,
DORSET, AND FORMERLY FELLOW OF NEW COLLEGE, OXFORD
VOLUME
THIRD
CHRISTIAN CLASSICS
ETHEREAL LIBRARY
GRAND RAPIDS,
MI
http://www.ccel.org
THE
SECOND TABLE OF THE
LAW
THE FIRST
COMMANDMENT OF WHICH IS THE FIFTH OF THE
LAW
The Fifth
Commandment
EXODUS
20
Exodus
20:12
12. Honor thy father and thy
mother; that thy days may be long upon the land which the Lord thy God giveth
thee. 12. Honora patrem tuum et matrem tuam— ut prorogentur dies
tui super terram quam Jehova Deus tuus dat tibi.
ITS
REPETITION
DEUTERONOMY
5
Deuteronomy
5:16
16. Honor thy father and thy
mother, as the Lord thy God hath commanded thee; that thy days may be prolonged,
and that it may go well with thee, in the land which the Lord thy God giveth
thee. 16. Honora patrem tuum et matrem tuam, quemadmodum praecepit tibi
Jehova, Deus tuus: ut prorogentur dies tui et ut bene sit tibi super terram quam
Jehova Deus tuus dat tibi.
I am not
ignorant that the Tables of the Law are usually divided in a different
manner;
f1 for those, who make only one of the first
two Commandments, are obliged finally to mangle the last. Thus the prohibition
of God to covet either our neighbor's wife or his house, is foolishly separated
into two parts, whereas it is quite clear that only one thing is treated of, as
we gather from the words of Paul, who quotes them as a single Commandment.
(<450707>Romans
7:7.) There is, however, no need of a lengthened discussion here, since the fact
itself explains how one error has grown out of another; for, when they had
improperly hidden the Second Commandment under the First, and consequently did
not find the right number, they were forced to divide into two parts what was
one and indivisible. A frivolous reason is assigned by Augustine why they
comprised the First Table in three commandments, viz., that believers might
learn to worship God in the Trinity, and thus to adore one God in three persons.
By inconsiderately trifling with such subtleties, they have exposed God's law to
the mockeries of the ungodly.
Josephus
f2 indeed rightly enumerates the Commandments
themselves in their proper order, but improperly attributes five Commandments to
each Table; as if God had had regard to arithmetic rather than to instruct His
people separately in the duties of charity, after having laid down for them the
rules of piety. For up to this point the rule of rightly serving God has been
delivered, i.e., the First Table embraces a summary of
piety; and now the Law will begin to show how men ought to live with each other,
otherwise one Table would have been enough, nor would God have divided his Law
without a purpose. But whereas
piety
f3 and justice comprise the perfect rule for
the direction of our lives, it was necessary to distinguish these two parts,
that the people might understand the object of the Law, of which we shall again
speak hereafter.
Exodus 20:12.
Honor thy
father. Although charity (as being "the
bond of perfectness,"
<510314>Colossians
3:14) contains the sum of the Second Table, still, mutual obligation does not
prevent either parents or others, who are in authority, from retaining their
proper position. Nay, human society cannot be maintained in its integrity,
unless children modestly submit themselves to their parents, and unless those,
who are set over others by God's ordinance, are even reverently honored. But
inasmuch as the reverence which children pay to their parents is accounted a
sort of piety, some have therefore foolishly placed this precept in the First
Table. Nor are they supported in this by Paul, though he does not enumerate this
Commandment, where he collects the sum of the Second Table,
(<451309>Romans
13:9;) for he does this designedly, because he is there expressly teaching that
obedience is to be paid to the authority of kings and magistrates. Christ,
however, puts an end to the whole controversy, where, among the precepts of the
Second Table, He enumerates this, that children should honor their parents.
(<401919>Matthew
19:19.)
The name of the mothers is expressly
introduced,
lest their sex should render them contemptible to their male
children.
It will be now well to ascertain what
is the force of the word "honor," not as to its grammatical meaning, (for
dbk,
cabad, is nothing else but to pay due honor to God, and to men who
are in authority,) but as to its essential signification. Surely, since God
would not have His servants comply with external ceremonies only, it cannot be
doubted but that all the duties of piety towards parents are here comprised, to
which children are laid under obligation by natural reason itself; and these may
be reduced to three heads, i.e., that they should regard
them with reverence; that they should obediently comply with their commands, and
allow themselves to be governed by them; and that they should endeavor to repay
what they owe to them, and thus heartily devote to them themselves and their
services. Since, therefore, the name of Father is a sacred one, and is
transferred to men by the peculiar goodness of God, the dishonoring of parents
redounds to the dishonor of God Himself, nor can any one despise his father
without being guilty of an offense against God, (sacrilegium.) If
any should object that there are many ungodly and wicked fathers whom their
children cannot regard with honor without destroying the distinction between
good and evil, the reply is easy, that the perpetual law of nature is not
subverted by the sins of men; and therefore, however unworthy of honor a father
may be, that he still retains, inasmuch as he is a father, his right over his
children, provided it does not in anywise derogate from the judgment of God; for
it is too absurd to think of absolving under any pretext the sins which are
condemned by His Law; nay, it would be a base profanation to misuse the name of
father for the covering of sins. In condemning, therefore, the vices of a
father, a truly pious son will subscribe to God's Law; and still, whatsoever he
may be, will acknowledge that he is to be honored, as being the father given him
by God.
Obedience
comes next, which is also circumscribed by
certain limits. Paul is a faithful interpreter of this Commandment, where he
bids "children obey their parents."
(<490601>Ephesians
6:1;
<510320>Colossians
3:20.) Honor, therefore, comprises subjection; so that he who shakes off the
yoke of his father, and does not allow himself to be governed by his authority,
is justly said to despise his father; and it will more clearly appear from other
passages, that those who are not obedient to their parents are deemed to despise
them. Still, the power of a father is so limited as that God, on whom all
relationships depend, should have the rule over fathers as well as children; for
parents govern their children only under the supreme authority of God. Paul,
therefore, does not simply exhort children to obey their parents, but adds the
restriction, "in the Lord;" whereby he indicates that, if a father enjoins
anything unrighteous, obedience is freely to be denied him. Immoderate
strictness, moroseness, and even cruelty must be born, so long as a mortal man,
by wickedly demanding what is not lawful, does not endeavor to rob God of His
right. In a word, the Law so subjects children to their parents, as that God's
right may remain uninfringed. An objection here arises in the shape of this
question: It may sometimes happen that a son may hold the office of a
magistrate, but that the father may be a private person, and that thus the son
cannot discharge his private duty without violating public order. The point is
easily solved: that all things may be so tempered by their mutual moderation as
that, whilst the father submits himself to the government of his
son,
f4 yet he may not be at all defrauded of his
honor, and that the son, although his superior in power, may still modestly
reverence his father.
The third head of honor
is, that children should take care of their parents, and be ready and diligent
in all their duties towards them. This kind of piety the Greeks call
ajntipelargi>a,
f5 because storks supply food to their
parents when they are feeble and worn out with old age, and are thus our
instructors in gratitude. Hence the barbarity of those is all the more base and
detestable, who either grudge or neglect to relieve the poverty of their
parents, and to aid their necessities.
Now,
although the parental name ought, by its own sweetness, sufficiently to attract
children to ready submission, still a promise is added as a stimulus, in order
that they may more cheerfully bestir themselves to pay the honor which is
enjoined upon them. Paul, therefore, that children may be more willing to obey
their parents, reminds us that this "is the first commandment with promise,"
(<490602>Ephesians
6:2;) for although a promise is annexed to the Second Commandment, yet it is not
a special one, as we perceive this to be. The reward, that the days of children
who have behaved themselves piously to their parents shall be prolonged, aptly
corresponds with the observance of the commandment, since in this manner God
gives us a proof of His favor in this life, when we have been grateful to those
to whom we are indebted for it; whilst it is by no means just that they should
greatly prolong their life who despise those progenitors by whom they have been
brought into it. Here the question arises, since this earthly life is exposed to
so many cares, and pains, and troubles, how can God account its prolongation to
be a blessing? But whereas all cares spring from the curse of God, it is
manifest that they are accidental; and thus, if life be regarded in itself, it
does not cease to be a proof of God's favor. Besides, all this multitude of
miseries does not destroy the chief blessing of life, viz., that men are created
and preserved unto the hope of a happy immortality; for God now manifests
Himself to them as a Father, that hereafter they may enjoy His eternal
inheritance. The knowledge of this, like a lighted lamp, causes God's grace to
shine forth in the midst of darkness. Whence it follows, that those had not
tasted the main thing in
life,
f6 who have said that the best thing was not
to be born, and the next best thing to be cut off as soon as possible; whereas
God rather so exercises men by various afflictions, as that it should be good
for them nevertheless to be created in His image, and to be accounted His
children. A clearer explanation also is added in Deuteronomy, not only that they
should live, but that it
may
go
well
with them; so that not only is length of life promised them, but other
accessories also. And in fact, many who have been ungrateful and unkind to their
parents only prolong their life as a punishment, whilst the reward of their
inhuman conduct is repaid them by their children and descendants. But inasmuch
as long life is not vouchsafed to all who have discharged the duties of piety
towards their parents, it must be remembered that, with respect to temporal
rewards, an infallible law is by no means laid down; and still, where God works
variously and unequally, His promises are not made void,
because
a
better compensation is secured in heaven for believers, who have been deprived
on earth of transitory blessings. Truly experience in all ages has shown that
God has not in vain promised long life to all who have faithfully discharged the
duties of true piety towards their parents. Still, from the principle already
stated, it is to be understood that this Commandment extends further than the
words imply; and this we infer from the following sound argument, viz., that
otherwise God's Law would be imperfect, and would not instruct us in the perfect
rule of a just and holy life.
The natural sense
itself dictates to us that we should obey rulers. If servants obey not their
masters, the society of the human race is subverted altogether. It is not,
therefore, the least essential part of
righteousness f7
that the people should willingly submit
themselves to the command of magistrates, and that servants should obey their
masters; and, consequently, it would be very absurd if it were omitted in the
Law of God. In this commandment, then, as in the others, God by
synecdoche embraces, under a specific rule, a general principle, viz.,
that lawful commands should obtain due reverence from us. But that all things
should not be distinctly expressed, first of all brevity itself readily accounts
for; and, besides, another reason is to be noticed, i.e. that God
designedly used a homely style in addressing a rude people, because He saw its
expediency. If He had said generally, that all superiors were to be obeyed,
since, pride is natural to all, it would not have been easy to incline the
greater part of men to pay submission to a few. Nay, since subjection is
naturally disagreeable, many would have kicked against it. God, therefore,
propounds a specific kind of subjection, which it would have been gross
barbarism to refuse, that thus, their ferocity being gradually subdued, He might
accustom men to bear the yoke. Hence the exhortations are derived, that people
should "honor the king;" that "every soul should be subject unto the higher
powers;" that "servants should obey their masters, even the froward and morose."
(<202421>Proverbs
24:21;
<600213>1
Peter 2:13;
<451301>Romans
13:1;
<490605>Ephesians
6:5;
<600214>1
Peter 2:14, 18.)
The Exposition of the
Commandment
Leviticus
19
Leviticus
19:3
3. Ye shall fear every man his
mother and his father. 3. Unusquisque patrem suum et matrem suam
timeat.
Since this passage unquestionably
relates to the explanation of the Fifth Commandment, it confirms what I have
before shown, that the honor which God-commands to be paid to parents, does not
consist in reverence only, but also embraces obedience. For the reverence which
He now prescribes will render children submissive and compliant. Now, then, we
more clearly understand how parents are to be honored, when God exhorts their
children to beware of offending them; for this is, in a word, the true
manifestation of filial piety, calmly to bear the yoke of subjection, and to
prove by acts a sincere desire to obey.
The Supplements of the Fifth
Commandment
Exodus
21
Exodus 21:15,
17
15. And he that smiteth his
father or his mother shall be surely put to death. 15. Qui percusserit
patrem suum aut matrem, morte
moriatur.
17. And he that curseth his
father or his mother shall surely be put to death. 17. Qui maledixerit
patri suo vel matri suae, morte moriatur.
Leviticus
20
Leviticus
20:9
9. For every one that curseth
his father or his mother shall be surely put to death: he hath cursed his father
or his mother; his blood shall be upon him. 9. Qui
maledixerit patri suo aut matri suae morte moriatur: qui patri suo et matri suae
maledixit, sanguis ejus super eum.
The
commandment is now sanctioned by the denunciation of capital punishment for its
violation,
yet
not so as to comprehend all who have in any respect sinned against their
parents, but sufficient to show that the rights of parents are sacred, and not
to be violated without the greatest criminality. We know that
parricides
f8 as being the most detestable of all men,
were formerly sewn up in a leathern sack and east into the water; but God
proceeds further, when He commands all those to be exterminated who have laid
violent hands on their
parents
f9 or addressed them in abusive language. For
to
smite
does not only mean to kill, but refers to any violence, although no wound may
have been inflicted. If, then, any one had struck his father or mother with his
fist, or with a stick, the punishment of such an act of madness was the same as
for murder. And, assuredly, it is an abominable and monstrous thing for a son
not to hesitate to assault those from whom he has received his life; nor can it
be but that impunity accorded to so foul a crime must straightway produce cruel
barbarism. The second law avenges not only violence done to parents, but also,
abusive words, which soon proceed to grosser insults and atrocious contempt.
Still, if any one should have lightly let drop some slight reproach, as is often
the case ill a quarrel, this severe punishment was not to be inflicted upon
such, all inconsiderate piece of impertinence: and the word
llq,
kalal, from which the participle used by Moses is derived, not only means
to reproach, but also to curse, as well as to esteem lightly, and to despise.
Whilst, therefore, not every insult, whereby the reverence due to parents was
violated, received the punishment of death, still God would have that impious
pride, which would subvert the first principles of nature, held in abhorrence.
But, inasmuch as it might seem hard that a
word,
f10 however unworthy of a dutiful son, should
be the cause of death; this objection is met, by what is added by God in
Leviticus, "his blood shall be upon him,
because
he hath cursed his father or mother:" as if He would put a stop to what men
might otherwise presume to allege in mitigation of the severity of the
punishment.
Deuteronomy
21
Deuteronomy
21:18-21
18. If a man have a
stubborn and rebellious son, which will not obey the voice of his father, or the
voice of his mother, and that, when they have chastened him, will not
hearken unto them; 18. Quum quis habuerit filium perversum et rebellem,
non obedientem voci patris sui et matris suae, et castigaverint illum, nec
paruerit illis:
19. Then shall his
father and his mother lay hold on him, and bring him out unto the elders of his
city, and unto the gate of his place: 19. Tum apprehendent cum pater eius
et mater eius, educentque ad seniores urbis suae et portam loci
sui:
20. And they shall say unto the
elders of his city, This our son is stubborn and rebellious, he will not obey
our voice; he is a glutton and a drunkard. 20. Dicentque
senioribus urbis, Filius iste noster perversus et rebellis est, non obediens
voci nostrae, epulo est ac
comessator.
21. And all the men of his
city shall stone him with stones, that he die: so shalt thou put evil away from
among you; and all Israel shall hear, and fear. 21. Tunc lapidabunt eum
omnes homines urbis suae lapidibus, et morietur: atque ita auferes malum e medio
tui, universusque Israel audiet, et timebit.
18.
If
a
man
have
a
stubborn.
What God had previously adverted to in two clauses, tie now embraces in a
general law, for it cannot be doubted but that by rebellious children all are
designated who are abusive or insulting to their father and mother. For if it be
a capital crime to be disobedient to parents, much more is it to strike, or beat
them, and to assail them with reproachful words. In sum, Moses declares that
those are deserving of death who are of such a stubborn and intractable
disposition as to reject the authority of their father and mother, and to hold
them in contempt. Whence also we infer what it is to honor our father and
mother, for the punishment is only denounced for the transgression of the
Commandment. When, therefore, the law delivers over to death all who
contumaciously rebel against the discipline of their parents, it follows that
they have refused them their due honor. An admirable means, however, of
moderating the severity of the law is introduced, when God requires the case to
be decided on the evidence of the father and mother; and commands that it should
be publicly heard, so that none may be condemned at the will of private
individuals. By the Roman law the power of life and death over his
children
f11 was given to the father, because it was
not probable that fathers would be carried away by such senseless inhumanity as
to deal cruelly with their own bowels; but, since sometimes fathers are found
who are not unlike wild beasts, and examples show us that many, blinded by hate
or avarice, have not spared their own children, this concession of the Roman law
is justly to be repudiated. I allow, indeed, that those who desired to inflict
punishment on their children called their friends into council; but, whereas,
the walls of a private dwelling conceal many disgraceful things, God imposed a
much better restraint on parents when He did not suffer them to go further than
to lay the information and to give their testimony. For, although he would have
credit given to their testimony, still, when the children were brought to the
tribunal of the judges, a legal trim undoubtedly ensued; and this form of
proceeding is prescribed, viz., that the father and mother should bring their
son and make their complaint before the judges of his incorrigible stubbornness.
It is true that the sentence is immediately subjoined; yet we must infer,
nevertheless, that the judges pronounced it before the criminal was stoned, else
it would have been ridiculous that they should sit there like cyphers. The very
mention of a trial, therefore, implies that the son was heard in his defense, so
as to clear himself of the crime, if he was not guilty of it: for, suppose the
moroseness of the father and mother were notorious; or that the father accused
the son by the instigation of a stepmother; or that any unworthy spite were
discovered; or that the father and mother had conspired to destroy their son in
a fit of passion: the defense of the cause is, therefore, implied in the adverb
then,
f12 for it would have been more than absurd
that the son should be condemned without being heard. Especially, when he was to
be stoned by the whole people, it was necessary that he should be first
convicted; and on this ground he was brought forth publicly, that he might be
allowed to plead his cause. But although those were condemned who were addicted
to other vices also, yet Moses expressly mentions
gluttons
and
drunkards,
to
show that, although no capital crime were alleged, still, dissolute profligacy
was sufficient, if the son could not be corrected by his parents; for it is
plain that those are in a desperate state who have so east away submissiveness
and shame as to receive no profit from the admonitions of their parents. From
the end of the verse we gather what was the twofold object of the punishment
— that the earth should be purged of the sins whereby it was in a manner,
polluted, and that the death of him who had transgressed might be an example to
all.
Exodus
22
Exodus
22:28
28. Thou shalt not revile the
gods, nor curse the ruler of thy people. 28. Diis non detrahes, et
principi populi tui non maledices.
Deuteronomy
20
Deuteronomy
20:9
9. And it shall be, when the
officers have made an end of speaking unto the people, that they shall make
captains of the armies to lead the people. 9. Quum finem fecerint
praefecti militares loquendi ad populum, constituent principes turmarum in
capite populi.
Exodus 22:28.
Thou
shalt
not
revile
the
gods.
These four passages confirm what I have said, that in the: Fifth Commandment are
comprised, by synecdoche all superiors in authority.: For it was not the
design of God to add to the Two Tables, as if something better and more perfect
had afterwards come into His mind; which it is sinful to suppose. He was
therefore content with the rule once laid down, although He afterwards spoke in
a more explanatory manner. But the precepts here given would be unconnected with
the Law, if they were not an adjunct, and therefore a part, of the Fifth
Commandment.
First of all, He commands that we
should think and speak reverently of judges, and others, who exercise the office
of magistrate: nor is it to be questioned, that, in the ordinary idiom of the
Hebrew language, He repeats the same thing twice over; and consequently that the
same persons are called "gods," and "rulers of the people." The name of God is,
figuratively indeed, but most reasonably, applied to magistrates, upon whom, as
the ministers of His authority, He has inscribed a mark of His glory. For, as we
have seen that honor is due to fathers, because God has associated them with
Himself in the possession of the name, so also here His own dignity is claimed
for judges, in order that the people may reverence them, because they are God's
representatives, as His lieutenants, and vicars. And so Christ, the surest
expositor, explains it, when He quotes the passage from
<198206>Psalm
82:6, "I have said, Ye are gods, and all of you are children of the Most High,"
(<431034>John
10:34,) viz., "that they are called gods, unto whom the word of God came," which
is to be understood not of the general instruction addressed to all God's
children, but of the special command to rule.
It
is a signal exaltation of magistrates, that God should not only count them in
the place of parents, but present them to us dignified by His own name; whence
also it clearly appears that they are not to be obeyed only from fear of
punishment, "but also for conscience sake,"
(<451305>Romans
13:5,) and to be reverently honored, lest God should be despised in them. If any
should object, that it would be wrong to praise the vices of those whom we
perceive to abuse their power; the answer is easy, that although judges are to
be borne with even if they be not the
best,
f13 still that the honor with which they are
invested, is not a covering for vice. Nor does God command us to applaud
their faults, but that the people should rather deplore them in silent sorrow,
than raise disturbances in a licentious and seditious spirit, and so subvert
political government.
Leviticus
19
Leviticus
19:32
32. Thou shalt rise up before
the hoary head, and honor the face of the old man, and fear thy God: I am the
Lord. 32. Ante canitiem assurge, et honora faciem senis, metueque Deum
tuum: ego Jehova.
32.
Thou
shalt
rise
up
before
the
hoary
head.
God teaches us that some sparks of His majesty shine forth in old men, whereby
they approach to the honor of parents. It is not my purpose to gather quotations
from profane authors in reference to the honor due to the old; let it
suffice that what God here commands is dictated by nature itself. This
appeared at Athens,
f14 when an old man had come into the
theater, and found no place among his fellow-citizens; but, when at length he
was admitted with honor by the Spartan ambassador, (because old age is greatly
reverenced among the Lacedemonians,) applause was raised on all sides; and then
the Lacedemonian exclaimed, that "the Athenians knew what was right, but would
not do it." It was surely manifested by this universal consent of the people
that it is a natural law in the hearts of all to reverence and honor old men.
Many old men, indeed, either by their levity, or lewdness, or sloth, subvert
their own dignity; yet, although gray hairs may not always be accompanied by
courteous wisdom, still, in itself, age is venerable, according to God's
command.
Deuteronomy
16
Deuteronomy
16:18
18. Judges and officers shalt
thou make thee in all thy gates, which the Lord thy God giveth thee, throughout
thy tribes: and they shall judge the people with just judgment. 18.
Judices et praefectos constitues tibi intra omnes portas tuas quas Jehova Deus
tuus dabit tibi per tribus tuas, qui judicent populum judicio justitiae, hoc est
recto.
18.
Judges
and
officers
shalt
thou
make.
I have placed this passage among the Supplements of the Fifth Commandment, for,
if it pleases God that judges should be appointed for ruling the people, it
follows that their laws and edicts should be obeyed; and thus the parental
authority extends also to them. But, in order that the people may more readily
submit themselves to judges, God reminds them that the human race could not
otherwise be preserved. Public utility, therefore, renders the authority of
magistrates pleasant and agreeable, though it would else be hateful. But,
although it be not conceded to all to elect their judges, because God honored
His chosen people with this prerogative, still he here recommends in general a
regular government, since He signifies that human society cannot hold together
unless the lawful rulers have authority to execute justice. Whether, then,
magistrates are appointed by the suffrages of the people, or imposed in any
other way, let us learn that they are the necessary ministers of God, to confine
all men under the yoke of the laws. The latter passage, which I have annexed
from Deuteronomy 7, refers to the same thing, viz., that even in war discipline
is necessary, lest all things should be thrown into confusion. Now, if it
pleases God that certain superior officers should have the command, it follows
that they must be obeyed; for it would be ridiculous to appoint governors, if it
were lawful to despise them with impunity. When, therefore, God sets military
commanders over the people, He enforces the duty of humble
submission.
The Sixth
Commandment
Exodus
20
Exodus
20:13
13. Thou shalt not
kill. 13. Non occides.
THE REPETITION OF THE SAME
COMMANDMENT
Deuteronomy
5
Deuteronomy
5:17
17. Thou shalt not
kill. 17. Non occides.
The sum of
this Commandment is, that we should not unjustly do violence to any one. In
order, however, that God may the better restrain us from all injury of others,
He propounds one particular form of it, from which men's natural sense is
abhorrent; for we all detest murder, so as to recoil from those whose hands are
polluted with blood, as if they carried contagion with them. Undoubtedly God
would have the remains of His image, which still shine forth in men, to continue
in some estimation, so that all might feel that every homicide is an offense
against Him, (sacrilegium.) He does not, indeed, here express the reason,
whereby He elsewhere deters men from murder, i.e., by asserting
that thus His image is violated,
(<010906>Genesis
9:6;) yet, however precisely and authoritatively He may speak as a Legislator,
He would still have us consider, what might naturally occur to everybody's mind,
such as the statement of
<235807>Isaiah
58:7, that man is our "own flesh." In order, then, that believers may more
diligently beware of inflicting injuries, He condemns a crime, which all
spontaneously confess to be insufferable. It will, however, more clearly appear
hereafter, that under the word
kill
is included by synecdoche all violence, smiting, and aggression. Besides,
another principle is also to be remembered, that in negative precepts, as they
are called, the opposite affirmation is also to be understood; else it would not
be by any means consistent, that a person would satisfy God's Law by merely
abstaining from doing injury to others. Suppose, for example, that one of a
cowardly disposition, and not daring to assail even a child, should not move a
finger to injure his neighbors, would he therefore have discharged the duties of
humanity as regards the Sixth Commandment? Nay, natural common sense demands
more than that we should abstain from wrongdoing. And, not to say more on this
point, it will plainly appear from the summary of the Second Table, that God not
only forbids us to be murderers, but also prescribes that every one should study
faithfully to defend the life of his neighbor, and practically to declare that
it is dear to him; for in that summary no mere negative phrase is used, but the
words expressly set forth that our neighbors are to be loved. It is
unquestionable, then, that of those whom God there commands to be loved, He here
commends the lives to our care. There are, consequently, two parts in the
Commandment, — first, that we should not vex, or oppress, or be at
enmity with any; and, secondly, that we should not only live at peace
with men, without exciting quarrels, but also should aid, as far as we can, the
miserable who are unjustly oppressed, and should endeavor to resist the wicked,
lest they should injure men as they list. Christ, therefore, in expounding the
genuine sense of the Law, not only pronounces those transgressors who have
committed murder, but also that
"he
shall be in danger of the judgment who is angry with his brother without a
cause; and whosoever shall say to his brother, Raca, shall be in danger of the
council; but whosoever shall say, Thou fool, shall be in danger of hell-fire."
(<400522>Matthew
5:22.)
For He does not there, as some have
ignorantly supposed, frame t~ new law, as if to east blame upon His Father; but
shows the folly and perversity of those interpreters of the Law who only insist
on the external appearance, and husk of things, as is vulgarly said; since the
doctrine of God must rather be estimated from a due consideration of. His
nature. Before earthly judges, if a man have carried a weapon for the purpose of
killing a man, he is found guilty of violence; and God, who is a spiritual
Lawgiver, goes even further. With Him, therefore, anger is accounted murder;
yea, inasmuch as He pierces even to the most secret feelings, He holds even
concealed hatred to be murder; for so we must understand John's words,
"Whosoever hateth his brother is a murderer,"
(<620315>1
John 3:15;) i.e., hatred conceived in the heart is sufficient for his
condemnation, although it may not openly appear.
The Exposition of the
Commandment
Leviticus
19
Leviticus
19:17
17. Thou shalt not hate thy
brother in thine heart. 17. Ne oderis fratrem tuum in corde
tuo.
I doubt not but that this part of the
verse should be taken separately, nor do I approve of the introduction of the
adversative particle
but,
by which translators
f15 connect it with what follows. We know
that we are not always to trust to the division of verses; and, since it is
clear that whatever precepts we meet with in the writings of Moses for the
regulation of our lives depend on the Decalogue, this sentence sufficiently
proves that murder was forbidden, not only in order that none should slay his
brother by his ]land, or by a weapon, but also that he should not indulge in
wrong-doing, by cherishing in himself hatred and ill-will. Hence the statement
of Paul is confirmed, that "the Law is spiritual,"
(<450714>Romans
7:14;) and their folly is refuted who pretend that Moses was an earthly lawgiver
to the Jews, like Lycurgus or Solon, since he thus penetrates even to the secret
affections. It is also probable that John derived from this passage his saying,
"He that hateth his brother is a murderer,"
(<620315>1
John 3:15;) for the word
heart
is here used emphatically; since, although no outward signs of hatred may
appear, yet the internal feeling is accounted murder before
God.
Leviticus
19
Leviticus
19:18
18. Thou shalt not avenge, nor
bear any grudge against the children of thy people; but thou shalt love thy
neighbor as thyself: I am the Lord. 18. Ne ulciscaris te, neque serves
odium contra filios populi tui: sed diliges proximum tuum sicut teipsum: ego
Jehova.
Hence it clearly appears that God
had a further object than that men should not kill each other, for He not only
restrains their hands, but requires their hearts to be pure from all hatred.
For, since the desire of vengeance is the fountain and cause of enmities, it
follows that under the word
kill
is condensed whatever is opposed to brotherly love. And this is confirmed by the
antithesis, that none should hate his brother, but rather love him as
himself. We need, then, seek for no other expositor of the Commandment but God
Himself, who pronounces those to be guilty of murder who are affected with any
malevolence, and not only those who, when offended, desire to return evil for
evil, but those who do not sincerely love their neighbors, even when with
justice they deem them to be their enemies. Wherefore, in order that God may
absolve us from spiritual murder, let us learn to purify our hearts from all
desire of vengeance, and, laying aside hatred, to cultivate fraternal affection
with all men.
Although the latter part of the
verse embraces the sum of the whole Second Table, yet, because love is
contrasted with vengeance, I have not thought fit to separate things which are
so properly connected with each other, especially when one depends on the other.
The precept is indeed only given with reference to the children of Abraham,
because the crime of vengeance would be more atrocious between those who were
bound together by fraternal rights; yet it is not to be doubted but that God
generally condemns the vice. In the
schools
f16 this sentence was grossly corrupted; for,
since the rule (as they say) is superior to what is regulated by it. they have
invented a preposterous precept, that every one should love himself first, and
then his neighbors; of which subject I will treat more fully elsewhere. The word
rfn,
natar, meaning to guard, when used without any addition, is
equivalent to bearing an injury in mind; as we also say in French:
"garder une
injure."
f17
Leviticus
19
Leviticus
19:14
14. Thou shalt not curse the
deaf, nor put a stumblingblock before the blind, but shalt fear thy God: I
am the Lord. 14. Surdo non maledices, et coram caeco non pones
offendiculum, sed timebis a Deo tuo: ego
Jehova.
Since the Law comprehends under the
word murder, all the wrongs whereby men are unjustly injured, that cruelty was
especially to be condemned by which those wretched persons are afflicted, whose
calamity ought rather to conciliate our compassion. For, if any particle of
humanity exists in us, when we meet a blind man we shall be solicitous lest he
should stumble or fall, and, if he goes astray, we shall stretch out our hands
to him and try to bring him back into the way; we shall also spare the deaf, for
to insult them is no less absurd or barbarous than to assail stones with
reproaches. It is, therefore, gross brutality to increase the ills of those whom
our natural sense impels us to relieve, and who are already troubled more than
enough. Let us, then, learn from these words, that the weaker people are, the
more secure ought they to be from all oppression or injury, and that, when we
attack the defenseless, the crime of cruelty is greatly aggravated, whilst any
insult against the calamitous is altogether intolerable to God.
The Ceremonial Supplements of the
Sixth
Commandment
Deuteronomy
21
Deuteronomy
21:1-9
1. If one be found
slain in the land which the Lord thy God giveth thee to possess it, lying in the
field, and it be not known who hath slain him; 1. Quum inventum
fuerit cadaver hominis occisi in terra quam Jehova Deus tuus dabit tibi ut
possideas eam, prostratum in agro, nec cognitum fuerit quis percusserit
eum:
2. Then thy elders and thy judges
shall come forth, and they shall measure unto the cities which are round
about him that is slain. 2. Tunc egredientur seniores tui, et judices
tui, et metientur usque ad civitates quae sunt in circuitibus cadaveris hominis
illius occisi.
3. And it shall be,
that the city which is next unto the slain man, even the
elders of that city shall take an heifer, which hath not been wrought with, and
which hath not drawn in the yoke; 3. Et seniores urbis, propinquioris
urbis illi cadaveri occiso, capient vitulam de armento qua nemo usus fuerit, et
quae non traxerit jugum.
4. And the
elders of that city shall bring down the heifer unto a rough valley, which is
neither card nor sown, and shall strike off the heifer's neck there in the
valley: 4. Et adducent seniores ejus urbis vitulam ad vallem asperare,
quae nunquam fuerit arata, neque seminata, et praecident cervicem vitulae illic
in valle.
5. And the priests, the sons
of Levi, shall come near; (for them the Lord thy God hath chosen to minister
unto him, and to bless in the name of the Lord;) and by their word shall every
controversy and every stroke be tried. 5. Et accedent sacerdotes
filii Levi (eos enim elegit Jehova Deus tuus ut ministrent ipsi, et ad
benedicendum in nomine Jehovae: et juxta quorum sermonem erit omnis lis atque
omnis plaga.)
6. And all the elders of
that city, that are next unto the slain man, shall wash
their hands over the heifer that is beheaded in the valley: 6. Et omnes
seniores ejus urbis ubi accesserint ad cadaver hominis occisi, lavabunt manus
suas super vitulam percussam in
valle.
7. And they shall answer and say,
Our hands have not shed this blood, neither have our eyes seen it. 7. Et
testificabuntur, ac dicent, Manus nostrae non effuderunt sanguinem istum, neque
oculi nostri viderunt.
8. Be merciful, O
Lord, unto thy people Israel, whom thou hast redeemed, and lay not innocent
blood unto thy people of Israel's charge. And the blood shall be forgiven
them. 8. Expia populum tuum Israel quem redemisti Jehova, et ne imputes
sanguinem innocentem in medio populi tui Israel: et expiabitur ab eis
sanguis.
9. So shalt thou put away the
guilt of innocent blood from among you, when thou shalt do
that which is right in the sight of the Lord. 9. Tu
autem auferes sanguinem innocentem e medio tui, quum feceris quod rectum est in
oculis Jehovae.
1.
If
one
be
found
slain
in
the
land.
This Supplement: is of a mixed character, relating partly to the civil, and
partly to the criminal law. We are informed by it how precious to God is the
life of man; for, if a murder had been committed by some unknown person, He
requires an expiation to be made, whereby the neighboring cities should purge
themselves from the pollution of the crime. Whence it appears that the earth is
so polluted by human blood, that those who encourage murder by impunity,
implicate themselves in the guilt. The question here is as to a secret crime,
the guilt of which attaches to the neighboring cities, until, by the institution
of a diligent inquiry, they can testify that the author is not discovered; how
much less excusable, then, will they be, if they allow a murderer to escape with
impunity? The rite prescribed is, that the elders of the nearest city should
take a heifer which had not drawn in a yoke, and bring it into a stony and
barren valley, cut off its neck with the assistance of the priests, wash their
hands, and bear witness that their hands as well as their eyes are pure, as not
being cognizant of the criminal. God chose a heifer that had not born a yoke, in
order that the satisfaction made by innocent blood might be represented in a
more lively manner; whilst it was to be killed in a desert place, that the
pollution might be removed from the cultivated lands. For, if the blood of the
heifer had been shed in the middle of the market-place of the city, or in any
inhabited spot, the familiarity with the sight of blood would have hardened
their minds in inhumanity. For the purpose, therefore, of awakening horror, it
was drawn out into a solitary and uncultivated spot, that they might be thus
accustomed to detest cruelty. But although, properly speaking, this was not a
sacrifice which could be offered nowhere except in the sanctuary, still it
nearly approached to the nature of a sacrifice, because the Levites were in
attendance, and a solemn deprecation was made; nevertheless, they were not only
employed as ministers of the altar, but also as judges, for their office is
expressed in the words, that they were "chosen to minister to God, to bless the
people, and to pronounce sentence as to every
stroke."
6.
And
all
the
elders
of
that
city.
The washing of their hands had the effect of stirring them up the more, so that
they should not inconsiderately protest in that solemn rite that they were pure
and guiltless; for it was just as if they had presented the corpse of the dead
mall before God, and had stood themselves opposite to it to purge away the
crime. At the same time, also, they ask for pardon, because it might have been
through their carelessness that the man was smitten; and again, since, by the
sacrilege of Achan alone the whole people were contaminated, it was to be feared
lest the vengeance of God should extend more widely on account of the offense
committed. And thus they were again taught how greatly God abominates murders,
when the people pray that they may be pardoned for the crime of another, as if,
by the very looking upon it, they had contracted guilt. God at length declares
that He will not impute it to them, when they have duly performed this rite of
expiation; not because the heifer was the price of satisfaction to propitiate
God, but because in this way they humbly reconciled themselves to Him, and shut
the door against murders for the time to come. On this account it is said
— "Thou shalt put away the blood from among you;" for if the murder be
passed over without observation, there remains a blot upon the people, and the
earth itself, in a manner, stinks before God.
Deuteronomy
12
Deuteronomy 12:15, 16,
20-25
15. Notwithstanding thou
mayest kill and eat flesh in all thy gates, whatsoever thy soul lusteth after,
according to the blessing of the Lord thy God which he hath given thee: the
unclean and the clean may eat thereof, as of the roe-buck, and as of the
hart. 15. Pro omni desiderio animae tuae mactabis, et comedes carnes
secundum benedictionem Jehovae Dei tui, quam dederit tibi intra omnes portas
tuas: immundus et mundus comedet eas, sicut capream et
cervum.
16. Only ye shall not eat the
blood; ye shall pour it upon the earth as water. 16. Tantummodo sanguinem
non comedetis, super terram effundetis illum instar
aquae.
20. When the Lord thy God shall
enlarge thy border, as he hath promised thee, and thou shalt say, I will eat
flesh, (because thy soul longeth to eat flesh,) thou mayest eat flesh,
whatsoever thy soul lusteth after. 20. Quum dilataverit Jehova Deus tuus
terminum tuum, quemadmodum loquutus est tibi, et dixeris, Comedam carnem, quod
concupiscat anima tua vesci carnibus: juxta omne desiderium animae tuae comedes
carnes.
21. If the place which the Lord
thy God hath chosen to put his name there be too far from thee, then thou shalt
kill of thy herd, and of thy flock, which the Lord hath given thee, as I have
commanded thee, and thou shalt eat in thy gates whatsoever thy soul lusteth
after. 21. Quum longinquus a te fuerit locus quem elegerit Jehova Deus
tuus ut ponat nomen suum ibi, mactabis de bobus tuis et de pecudibus tuis quas
dederit Jehova tibi: quemadmodum praecepi tibi, et vesceris in portis tuis
secundum omne desiderium animae
tuae.
22. Even as the roe-buck and the
hart is eaten, so thou shalt eat them; the unclean and the clean shall eat of
them alike. 22. Certe quemadmodum comeditur caprea et cervus, sic comedes
illas: immundus pariter et mundus vescentur
illis.
23. Only be sure that thou eat
not the blood: for the blood is the life; and thou mayest not eat the life with
the flesh. 23. Tantum roborare ut non comedas sanguinem: quia sanguis est
anima, et non comedes animam una cum
carne.
24. Thou shalt not eat it; thou
shalt pour it upon the earth as water. 24. Non comedes illum, sed in
terram effundes illum instar aquae.
25.
Thou shalt not eat it; that it may go well with thee, and with thy children
after thee, when thou shalt do that which is right in the sight of
the Lord. 25. Non vesceris illo, ut bene sit tibi, et filiis tuis post
te, quum feceris quod rectum est in oculis Jehovae.
Leviticus
7
Leviticus
7:26-27
26. Moreover, ye shall eat
no manner of blood, whether it be of fowl or of beast, in
any of your dwellings. 26. Nullum sanguinem comedetis in cunctis
habitationibus vestris, tam de avibus quam de
jumentis.
27. Whatsoever soul it
be that eateth any manner of blood, even that soul shall be cut off from
his people. 27. Omnis anima quae comederit ullum sanguinem, excidetur
anima illa e populis suis.
Leviticus
19
Leviticus
19:26
26. Ye shall not eat
anything with the blood. 26. Non comedetis cum
sanguine.
Deuteronomy 12:15.
Notwithstanding
thou
mayest
kill.
What precedes I have introduced in its proper place, viz., that they should not
kill the sacrifices anywhere but in the sanctuary, of which there was only one
in Judea. Here the permission to eat meat is given, provided that they do not
offer the animals to God, but eat of them as of wild beasts. By way of example,
two kinds are mentioned, the roe-buck and the hart, of which no offering was
made. They are, therefore, freely allowed to eat meat wheresoever they pleased,
with this exception, that they should not taste the blood; for, although this
was observed by their forefathers before the giving of the Law, God ratifies it
anew when He would gather a peculiar people to Himself. We know that immediately
after the deluge, Noah and his posterity were commanded to abstain from blood;
but, inasmuch as the greater part of mankind soon degenerated, it is probable
that all nations neglected God's command, and permitted to themselves a
universal license on this point; and it is even questionable whether this
observance, which was everywhere fallen into desuetude, prevailed among the
family of Shem. Certainly it may be conjectured from the renewed promulgation of
the law, that it was altogether obsolete; at any rate, God would have His chosen
people distinguished by this mark of separation from heathen
nations.
The reason of the prohibition which is
now mentioned had already been
declared,
f18 viz., because the blood is the seat of
life. But although it, was allowable to kill an animal for food, yet, was it a
useful restraint to prevent inhumanity, that they should not touch the blood;
for if they abstained from the blood of beasts, much more necessary was it to
spare human blood. After God, therefore, has forbidden blood to be eaten, He
immediately proceeds to speak of men themselves: "Whose sheddeth man's blood, by
man shall his blood be shed: for in the image of God made he
man."
f19
(<010904>Genesis
9:4-6.) Hence I have deemed it appropriate to annex all the passages in which
God commands the people to abstain from blood, to the Sixth Commandment. In
itself, indeed, the eating of blood was a thing of no great importance: since,
therefore, God so often inculcates a point of so little weight, it may be
inferred that the law has some further object. To this may be added the severity
of the punishment, for surely it was not a crime worthy of death to taste the
blood of some little bird; and hence, also, it is manifested that the
prohibition had another meaning, viz., that cruelty might be abhorred. And the
words of Moses show that the eating of blood is not forbidden because it
infected man with its uncleanness, but that they might account the life of man
to be precious; for it is said, "the blood is the life," which, in the opinion
of Augustine,
f20 is equivalent to its being "the sign of
life; " but Moses rather means that animal life is contained in the blood.
Wherefore, blood, which represents the life, was not interdicted without reason,
nor was it only sinful to eat the blood by itself, but also together with the
flesh, as is expressly declared both in Deuteronomy and in the last passage from
Leviticus.
23.
Only
be
f21
sure
that
thou
eat
not.
It is not without cause that he earnestly exhorts them to inflexible firmness,
because it was both a matter trifling in appearance, and its observation
troublesome, whilst it was easy to decline from it on account of the universal
example of the Gentiles. For if they considered within themselves that it
contributed not to holiness that they should not touch blood, hence a snare to
indulgence might easily have arisen.
Leviticus
17
Leviticus
17:10-14
10. And whatsoever man
there be of the house of Israel, or of the strangers that sojourn
among you, that eateth any manner of blood; I will even set my face against that
soul that eateth blood, and will cut him off from among his people. 10.
Quicunque e domo Israel, et e peregrinis qui peregrinantur in medio eorum,
comederit ullum sanguinem, ponam faciem meam in animam quae comederit sanguinem,
et excidam eam e medio populi sui.
11. For the
life of the flesh is in the blood; and I have given it to you upon the
altar, to make an atonement for your souls: for it is the blood
that maketh an atonement for the soul. 11. Quia anima carnis in
sanguine est: ego autem dedi illum vobis super altare ad expiandum animus
vestras, quia sanguis animam expiabit.
12.
Therefore I said unto the children of Israel, No soul of you shall eat blood,
neither shall any stranger that sojourneth among you eat blood. 12. Ideo
dixi filiis Israel, Nulla anima ex vobis comedet sanguinem, et peregrinus qui
pregrinatur in medio vestri non comedet
sanguinem.
13. And whatsoever man there
be of the children of Israel, or of the strangers that sojourn among you,
which hunteth and catcheth any beast or fowl that may be eaten; he shall even
pour out the blood thereof, and cover it with dust. 13. Et quicunque e
filiis Israel, et e peregrinis qui peregrinantur in medio eorum, venatus fuerit
venationem bestiae vel avis quae comeditur, effundet sanguinem ejus et cooperiet
pulvere.
14. For it is the life
of all flesh; the blood of it is for the life thereof: therefore I said
unto the children of Israel, Ye shall eat the blood of no manner of flesh: for
the life of all flesh is the blood thereof; whosoever eateth it shall be
cut off. 14. Quia anima cujusque carnis, sanguis ejus est in anima:
dixique filiis Israel, Sanguinem cujuscunque carnis non comedetis, quia anima
cujusque carnis est sanguis ejus: quicunque comederit illum,
excidetur.
10.
And
whatsoever
make
there
be
of
the
house
of
Israel.
God here not only condemns to death whosoever shall have polluted themselves by
eating of blood, but declares that He will Himself take vengeance on them,
though they may escape from the hands of the judges; for He not only prescribes
to the judges what it is right for them to do, but asserts for Himself the
office of inflicting the punishment. For, if we consider the intention of the
Law, is there anything to surprise us in this; for although it be not consistent
that the blood of a brute should be compensated for by the death of a man, still
we must remember that this mode of
instruction
f22 was necessary for a rude people, lest
they should speedily lapse into barbarism. But, lest they should complain that
no use remained for the blood, He reminds them that since it was given for
atonement, they would be very ungrateful if they were not content with so great
a blessing; and surely, since it was the price they were to pay for appeasing
God, this was an employment of it far to be preferred to food. If, then, they
desired to
exchange
into ordinary food the blood, which was destined to the altar for the
reconciliation
of God, Moses indirectly reproves their ingratitude; for when God took away the
right of eating it, He left them something better, which should have abundantly
satisfied them. But we have
elsewhere f23
seen in what manner blood atones for souls,
i.e., in a sacramental manner, upon which it must be observed that
what properly belongs to Christ is thus transferred by metonomy to
figures and symbols, yet in such a way that the similitude should neither be
empty nor inefficacious; for in so far as the fathers apprehended Christ in the
external sacrifices, atonement was truly exhibited in them. In this
passage also, I do not understand "the strangers" to be all such visitors as may
have journeyed amongst them on matters of business, but those who had devoted
themselves to the worship of God; for many foreigners, abandoning their
superstitions, were circumcised, and it behooved that such as these should be
expressly laid under the bonds of the Law, lest, if it had not referred to them,
they should have withdrawn themselves from obeying it. This point must,
therefore, be briefly adverted to, lest we should suppose that heathen
sojourners were prohibited from the eating of blood, whereas they were allowed
to buy for food
f24 even flesh that had been torn by
beasts.
Since, however, the Patriarchs before
the Law had abstained from blood, and its prohibition had no reference to the
First Table or the legal service, hence it came to pass that when the Apostles
abrogated the ceremonial law, they did not dare to allow immediately the free
eating of blood, lest great scandal should arise from this new and unwonted
thing.
(<441520>Acts
15:20.) Wherefore, lest so trifling a matter should cause deadly schisms in the
Churches, they commanded the Gentiles not to eat of blood; adding as the reason,
that those who were accustomed to read the writings of Moses, would be disturbed
at this innovation; yet this was only observed for a short period, as we gather
from Paul.
f25 It was, not without superstition and
misplaced zeal;. retained by some even to the days of
Tertullian.
The Political Supplements of the
Sixth
Commandment
Leviticus
24
Leviticus 24:17,
19-22
17. And he that killeth any
man shall surely be put to death. 17. Qui percusserit animam hominis,
morte moriatur.
19. And if a man cause a
blemish in his neighbor; as he hath done, so shall it be done to him; 19.
Vir qui intulerit maculam proximo suo, secundum quod fecit sic fiat
ei.
20. Breach for breach, eye for eye,
tooth for tooth as he hath caused a blemish in a man, so shall it be done to him
wain. 20. Fracturam pro fractura, oculum pro oculo, dentem pro
dente: sicut intulerit maculam hominis, sic inferetur
ei.
21. And he that killeth a beast, he
shall restore it; and he that killeth a man, he shall be put to
death. 21. Qui percusserit animal reddet illud: qui vero percusserit
hominem, moriatur.
22. Ye shall have one
manner of law, as well for the stranger, as for one of your own country: for I
am the Lord your God. 22. Judicium unum erit vobis, sicut peregrinus sic
et indigena erit: quia ego Jehova Deus
vester.
17.
And
he
that
killeth
any
man.
We now proceed to the confirmation of the Sixth Commandment afforded by the
Judicial Law; and first, the punishment of death is awarded to murderers. To
"smite the life"
f26 is equivalent to wounding mortally, so
that death ensues, as Moses more clearly explains himself in Exodus. But
although he speaks briefly, like a legislator, there is no doubt but that he
would have those whom he adjudges to die put to death by the sentence of the
judges; the manner of executing the punishment we shall see in its proper place.
Now although God did not carry out to absolute perfection the laws which He
enacted, yet in their principle He desired that a clear and unreserved approval
of His Commandments should appear. And this was the reason why I commenced with
this passage, because it directly corresponds with the Sixth
Commandment.
f27
19.
And
if
man
cause
a
blemish
in
his
neighbor,
he now also subjects to punishment those who shall have mutilated the body of
their neighbor by blows; and this was necessary, because otherwise every very
great villain, who might be accomplished in the art of inflicting injury, would
have broken his brother's leg or arm, and then would not only have laughed at
the poor man himself, but also at God and His Law. If, therefore, a person had
injured a member of another, the law of retaliation is enacted, which has also
been in use among other
nations.
f28 But God thus distinctly prescribes when
and how the injury was to be retaliated, that the law might not be open at all
to the foolish cavils with which Favorinus attacks the law of the Twelve Tables
in Gellius. And certainly the words of the Decemvirs were too obscure,
"Si membrum fregeris meum, ex pacto
talio. est." (If you have broken my limb; without agreement made,
there must be retaliation.) But God does not command an eye to be plucked out
for an eye, or a tooth for a tooth, till He has set forth that this was only to
be the case if any one had knowingly and willfully inflicted the injury;
thus, He does not bring to justice accidental blows, but only a premeditated
crime. It is vain to object that the members of different persons can hardly be
broken with exact. equality, for the intention of God was none other than that,
being alarmed by the severity of the punishment, men should abstain from
injuring others; and therefore these two things were connected together, If one
killeth a man, let him die, and if one hath taken away a part of life, let him
suffer a similar privation. And the same is the tendency of the
distinction, that the loss of an animal may be repaid, but that if a man be
killed, there could be no just compensation made by
money.
22.
Ye
shall
have
one
manner
of
law.
That the people of Israel, with their usual arrogance, might not suppose the
race of Abraham only to be privileged, the Law is extended also to foreigners;
and thus God shows that the whole body of the human race are under His
care, so that He would not have those that are farthest off exposed to
the licentious violence of the ungodly. In other points tie provided special
privileges for His elect people; but here, because He created all men without
exception after His own image, He takes them under His care and protection, so
that none might injure them with impunity.
Exodus
21
Exodus 21:12-14,
18-32
12. He that smiteth a man, so
that he die, shall be surely put to death. 12. Qui percusserit virum ad
mortem, morte moriatur.
13. And if a man
lie not in wait, but God deliver him into his hand; then I will appoint
thee a place whither he shall flee. 13. At qui non insidiatus fuerit ei,
sed tradiderit illum Deus in manus ejus, tunc dabo locum ad quem
fugiet.
14. But if a man come
presumptuously upon his neighbor, to slay him with guile; thou shalt take him
from mine altar, that he may die. 14. Sin vero insultando se extulerit
quispiam in proximum suum, ut occidat eum malitiose, ab altari meo tolles eum ut
moriatur.
18. And if men strive
together, and one smite another with a stone, or with his fist, and he
die not, but keepeth his bed; 18. Quod si rixati fuerint aliqui,
et percusserit alter proximum suum lapide vel pugno, nec mortuus fuerit, sed
jacuerit in lecto:
19. If he rise again,
and walk abroad upon his staff, then shall he that smote him be quit:
only he shall pay for the loss of his time, and shall cause him to
be thoroughly healed. 19. Si surrexerit, et ambulaverit foris super
baculum suum, tunc innocens erit qui percussit, tantum cessationem ejus
pensabit: et medendo medicandum
curabit
20. And if a man smite his
servant or his maid, with a rod, and he die under his hand; he shall be surely
punished. 20. Quum percusserit quispiam servum suum vel ancillam suam
baculo, et mortuus fuerit sub manu ejus, vindicando
vindicabitur.
21. Notwithstanding, if he
continue a day or two, he shall not be punished: for he is his
money. 21. Veruntamen si per diem vel duos dies steterit, non
vindicabitur, quia pecunia ejus est.
22.
If men strive, and hurt a woman with child, so that her fruit depart.
from her, and yet no mischief follow: he shall be surely punished,
according as the woman's husband will lay upon him; and he shall pay as the
judges determine. 22. Quum autem rixati fuerint viri, et
percusserint mulierem praegnantem ut egrediatur foetus ejus, nec tamen sequatur
mors, puniendo punietur quemadmodum imposuerit ei maritus mulieris, et solvet
apud judices.
23. And if any
mischief follow, then thou shalt give life for life, 23. Quod si mors
fuerit, tunc dabis animam pro anima,
24.
Eye for eye, tooth for tooth, hand for hand, foot for foot, 24. Oculum
pro oculo, dentem pro dente, manum pro manu, pedem pro
pede,
25. Burning for burning, wound for
wound, stripe for stripe. 25. Adustionem pro adustione, vulnus pro
vulnere, livorem pro livore.
26. And if
a man smite the eye of his servant, or the eye of his maid, that it perish; he
shall let him go free for his eye's sake. 26. Quum autem percusserit
quispiam oculum servi sui, vel oculum ancillae suae, et corruperit eum, liberum
dimittet eum pro oculo ejus.
27. And if
he smite out his manservant's tooth, or his maid-servant's tooth; he shall let
him go free for his tooth's sake. 27. Quod si dentem servi sui, vel
dentem ancillae suae excusserit: liberum dimittet eum pro dente
ejus.
28. If an ox gore a man or a
woman, that they die: then the ox shall be surely stoned, and his flesh shall
not be eaten; but the owner of the ox shall be quit. 28. Si
cornu petierit bos virum aut mulierem ut moriatur, lapidando lapidabitur bos,
neque comedetur caro ejus: dominus autem bovis erit
innocens.
29. But if the ox were wont to
push with his horn in time past, and it hath been testified to his owner, and he
hath not kept him in, but that he hath killed a man or a woman; the ox shall be
stoned, and his owner also shall be put to death. 29. Quod si bos
cornupeta fuerit ab heri et nudiustertius, et contestatio facta fuerit domino
ejus, nec custodierit eum, occidendo autem occiderit virum vel mulierem, bos
lapidabitur, et dominus quoque ejus
morietur.
30. If there be laid on him a
sum of money, then he shall give, for the ransom of his life, whatsoever is laid
upon him. 30. Si pretium redemptionis impositum fuerit ei, tunc dabit
redemptionem animae suae quantum impositum fuerit
ei.
31. Whether he have gored a son, or
have gored a daughter, according to this judgment shall it be done unto
him. 31. Sive filium cornu petierit, sive filiam, secundum judicium hoc
fiet ei.
32. If the ox shall push a
manservant, or maid-servant; he shall give unto their master thirty shekels of
silver, and the ox shall he stoned. 32. Si servum bos cornu petierit, vel
ancillam, argenti triginta siclos dabit domino ejus, et bos the
lapidabitur.
12.
He
that
smiteth
a
man,
so
that
he
die.
This passage, as I have said, more clearly explains the details, and first makes
a distinction between voluntary and accidental homicide; for, if a stone or an
axe
(<051905>Deuteronomy
19:5.) may have slipped from a man unintentionally, and struck anybody, He would
not have it accounted a capital crime. And for this purpose the cities of refuge
were given, of which brief mention is here made, and whose rights will be
presently more fully spoken of, and where also the mode of distinguishing
between design and ignorance will be laid down. But it must be remarked, that
Moses declares that accidental homicide, as it is commonly called, does not
happen by chance or accident, but according to the will of God, as if He himself
led out the person, who is killed, to death. By whatever kind of death,
therefore, men are taken away, it is certain that we live or die only at His
pleasure; and surely, if not even a sparrow can fall to the ground except
by His will,
(<401029>Matthew
10:29,) it would be very absurd that men created in His image should be
abandoned to the blind impulses of fortune. Wherefore it must be concluded, as
Scripture elsewhere teaches, that the term of each man's life is
appointed,
f29 with which another passage
corresponds,
"Thou turnest man to
destruction, and savest,
Return, ye
children of men."
(<199003>Psalm
90:3.)
It is true, indeed, that whatever has no apparent
cause or necessity seems to us to be fortuitous; and thus, whatever, according
to nature, might happen otherwise we call accidents,
(contingentia;) yet in the meantime it must be remembered, that what
might else incline either way is governed by God's secret counsel, so that
nothing is done without His arrangement and decree. In this way we do not
suppose a fate
f30 such as the Stoics invented; for it is a
different tiling to say that things which of themselves incline to various and
doubtful events, are directed by the hand of God whithersoever He will, and to
say that necessity governs them in accordance with the perpetual complication of
causes,
f31 and that this happens with God's
connivance; nay, nothing can be more opposite than that God should be drawn and
carried away by a fatal motive power, or that He tempers all things as He sees
fit.
There is no reason to follow the Jews here
in philosophizing more deeply, that none are delivered to death but those in
whom God finds cause for it. It is indeed certain, that with God there always
exists the best reason for His acts; but it is wrong to elicit from thence that
those who by tits guidance meet with death must be guilty of some offense. Nor
even if God should take away an innocent man, would it bc lawful to murmur
against Him; as if His justice were naught, because it is concealed from us, and
indeed incomprehensible.
14.
But
if
a
man
come
presumptuously
upon
his
neighbor.
He expresses the same thing in different ways; for although there is a wide
difference between slaying a man
presumptuously
f32 and with guile, yet Moses applies them
both to a willful murder; for by guile he means a wicked disposition to
injure, and by the word
presumptuous
he designates a violent assault, when a man in hate wantonly falls upon another.
And surely truculence, and violence, and all cruelty is presumptuous,
(superba;) for unless a man despised his brother, he would not assail him
as an enemy.
Lest by overlooking murders they
should defile the land, God commands that murderers should be torn away even
from His altar, whereby He signifies that they are as unworthy of divine as of
human aid. For, although the sanctity of the altar might afford an asylum for
the protection of those who had transgressed through imprudence, or. error, yet
it would have been wrong that impunity for crimes should have been derived from
hence; because the sanctuary would have been thus converted into a den of
thieves, and religion would have been subjected to gross profanation. Wherefore,
although criminals embracing the altar should implore God's aid, the Law
commands them to be torn away from thence to punishment, because it would have
been disgraceful to abuse God's sacred name as affording license for sin. Hence
it appears how great was the folly of old in supposing that churches were
honored when they were made asylums for the encouragement of evil deeds. This,
indeed, was derived from the ordinary custom of the heathen; but it was a
foolish imitation thus to mix up God with idols in a spurious worship; although
in this respect the Gentiles served their idols more purely and virtuously than
the Christians
f33 served God; for they refused the right of
asylum to the sacrilegious and impure, so that the temple of the Samothracians
was no secure hiding-place even to
Perseus,
f34 the king of Macedon. Livy records the
following words, as having been spoken by a heathen, — "Since, at the
commencement of all our sacrifices, those whose hands are not pure are enjoined
to retire, will ye suffer your sanctuaries to be contaminated by the
blood-stained person of a robber?" Let us, then, be ashamed of polluting our
temples under the pretext of reverence for
them.
18.
And
if
men
strive
together.
The punishment here enacted for wounds and blows is so slight, that it might
have served as a provocative to the mischievousness of the ill-disposed. Since
the Law of the Twelve Tables only inflicted a fine of twenty-five asses
upon a man who had beaten another unjustly, there was a certain Lucius
Veratius,
f35 who, in mere wanton sport, did not
hesitate to box the ears of any one he met, and then to command one of his
slaves to pay the amount of the fine, so that it was at length thought better
that the law should fall into desuetude, than to suffer it to be thus
ridiculously abused. The same thing might easily happen among the Jews,
since a person, who had so beaten his neighbor as that he should lie in bed,
only had to pay what the unhappy man had expended on his cure. For who would not
willingly enjoy the pleasure of knocking down his enemies on this condition, of
providing for their subsistence whilst they lay in bed? But we must remember the
declaration of Christ, that on account of the perverse nature of the
Jews, many things were allowed them "because of the hardness of their
hearts,"
(<401908>Matthew
19:8, and
<411005>Mark
10:5,) amongst which this indulgent provision is to be reckoned. Still God seems
to have dealt more leniently with the man who had struck the blow, that He might
also chastise the other, who, though of inferior strength, had rashly engaged in
the conflict; for both were to be alike punished for the violence unjustly
inflicted. Equal lenity seems, therefore, to have been shown to both, since
compensation is only made to the person struck for his private
loss.
f36 But the fact, that God did not carry out
the political laws to their perfection, shows that by this leniency He wished to
reprove the people's perverseness, which could not even bear to obey so mild a
law. Whenever, therefore, God seems to pardon too easily: and with too much
clemency, let us recollect that He designedly deviated from the more perfect
rule, because He, had to do with an intractable
people.
20.
And
if
a
man
smite
his
servant.
Although in civil matters there was a wide distinction between slaves and
free-men, still, that God may show how dear and precious men's lives are to Him,
He has no respect to persons with regard to murder; but avenges the death of a
slave and a free-man in the same way, if he should die immediately of his wound.
Indeed, it was a proof of gross barbarism amongst the Romans and other nations,
to give to masters the power of life and death; for men are bound together by a
more sacred tie, than that it should be permitted to a master to kill with
impunity his wretched slave; nor are some men so set over others, as that they
should exercise tyranny, or robbery, neither does reason permit that any private
individual should usurp to himself the power of the sword. But, although unjust
cruelty was not prohibited, as it should have been, by the laws of Rome, yet
they
f37 confessed that slaves should be used like
hired servants. The exception, which immediately follows, does not seem very
consistent, for, if the slave should die after some time, the penalty of murder
is remitted; whereas it would often be preferable to die at once of a single
wound, than to perish by a lingering illness; and it might happen that the slave
should be so bruised and maimed by blows, as to die some time afterwards. In
this ease, the cruelty of the master would be surely greater than if he had
committed the murder under the impulse of burning anger: wherefore the enactment
appears to be a very unjust one. But it must be remarked, that the murder of
those slaves, who had been obliged to take to their bed from their wounds, was
not unpunished. Whence we gather, that it was not allowable for cruel and
truculent masters to wound their slaves severely; and this is what the words
expressly imply, for the smiter is only exempted from punishment when he shall
have so restrained himself as that the marks of his cruelty should not appear.
For that the slaves should "stand for one or two
days,"
f38 is equivalent to saying, that they were
perfect and sound in all their members; but if a wound had been inflicted, or
there was any mutilation, the smiter was guilty of murder. None, therefore, is
absolved but he who only meant to chastise his slave; and where no injury
appears, it is probable that there was no intention to kill him. Whilst, then,
this law prohibits bloodthirsty assaults, it by no means gives greater license
to murder. The reason, which is added, must be restricted to the private loss;
because a murderer would never be absolved on the pretext that he had purchased
his slave with money, since the life of a man cannot be so
estimated.
22.
If
men
strive,
and
hurt
a
woman.
This passage at first sight is ambiguous, for if the word
death
f39 only applies to the pregnant woman, it
would not have been a capital crime to put an end to the
foetus,
which would be a great absurdity; for the
foetus,
though enclosed in the womb of its mother, is already a human being,
(homo,) and it is almost a monstrous crime to rob it of the life which it
has not yet begun to enjoy. If it seems more horrible to kill a man in his own
house than in a field, because a man's house is his place of most secure refuge,
it ought surely to be deemed more atrocious to destroy a
foetus
in the womb before it has come to light. On these grounds I am led to conclude,
without hesitation, that the words, "if death should follow," must be applied to
the
foetus
as well as to the mother. Besides, it would be by no means reasonable that a
father should sell for a set sum the life of his son or daughter. Wherefore
this, in my opinion, is the meaning of the law, that it would be a crime
punishable with death, not only when the mother died from the effects of the
abortion, but also if the infant should be killed; whether it should die from
the wound abortively, or soon after its birth. But, since it could not fail but
that premature confinement would weaken both
the
mother and her offspring, the husband is allowed to demand before the judges a
money-payment, at their discretion, in compensation for his loss; for although
God's command is only that the money should be paid before the
judges,
f40 still He thus appoints them to settle the
amount as arbitrators, if the husband should chance to be too exorbitant. We
plainly perceive, by the repetition of the lex talionis, that a
just proportion is to be observed, and that the amount of punishment is to be
equally regulated, whether as to a tooth, or an eye, or life itself, so that the
compensation should correspond with the injury done; and therefore (what is
first said of the life
f41 ) is correctly applied also to the
several parts, so that he who has plucked out his brother's eye, or cut off his
hand, or broken his leg, should lose his own eye, or hand, or leg. In fine, for
the purpose of preventing all violence, a compensation is to be paid in
proportion to the injury. But although God commands punishment to be inflicted
on the guilty, still, if a man be injured, he ought not to seek for vengeance;
for God does not contradict Himself, who so often exhorts His children not only
to endure injuries patiently, but even to overcome evil with good. The murderer
is to be punished, or he who has maimed a member of his brother; but it is not
therefore lawful, if you have unjustly suffered violence, to indulge in wrath or
hatred, so as to render evil for evil. Since this error was rife among the Jews,
our Lord refutes it, and teaches that the punishment, which is publicly awarded
to the wrong-doer, is not subservient to every man's private passion, so that he
who is offended should make haste to retaliate.
(<400538>Matthew
5:38.) Nor indeed are these words addressed to them in order to inflame or
excite the desire of vengeance, but all violence is restrained by the fear of
punishment.
26.
And
if
a
man
smite
the
eye.
Since, in the sight of God, there is neither slave nor free-man, it is clear
that he sins as greatly who smites a slave, as if he had struck a free-man.
Still, a distinction is made as regards the civil law and human justice,
especially if any one have inflicted a wound on his own slave. For here a tooth
for a tooth, or an eye for an eye, is not required, but the superiority, which
he has improperly abused, is taken from the master; and in compensation for the
injury, liberty, which is almost half their life, is given to the male or female
slave. Thus, in consideration that it was his slave, t. he master is treated
more leniently, when the severity of the punishment is thus mitigated; whilst,
in compensation for his dislocation or fracture, the slave receives what is more
advantageous to him, viz., that, being set free, he should not be exposed to
another's cruelty.
28.
If
an
ox
gore
a
man.
Moses now descends even to the brute animals, so that, if they injured any one,
by their punishment men may be more and more deterred from shedding blood. If,
therefore, a goring ox have killed a man, he commands that it should be stoned,
and that its carcass should be thrown away as abominable. Though censorious
persons mock at this law, as if it were childish to punish a wretched animal, in
which there is no criminality, their insolence requires but a brief refutation.
For, since oxen were created for man's good, so we need not wonder that their
death, as well as their life, should be made to contribute to the public
advantage. If, then, an ox that had killed a, man should be kept, men would
undoubtedly grow hardened in cruelty by beholding it; and to eat its flesh,
would be almost the same thing as eating the flesh of man. The cruelty of men,
therefore, could not better be restrained, so that they should hold the murder
of each other in abhorrence, than by thus avenging a man's death. In the second
place, God proceeds further, condemning the master of the ox himself to death,
if he had been previously admonished to beware; for such a warning takes away
the pretext of ignorance; nor should the punishment seem to be severe for gross
neglect, because to give free outlet to dangerous beasts is equivalent to
compassing men's death. He who knowingly and willfully exposes the life of his
brother to peril, is justly accounted his murderer. The exception which is
finally added, at first sight contains a kind of contradiction, because it was
forbidden by the Law to compound with a murderer for money. But inasmuch as a
delinquency (delictum) differs from a crime, although it was unlawful to
covenant with murderers for the remission of their punishment, still the judges
were permitted on their hearing of the case, to mitigate it, if a man were
excused by his unconsciousness or inadvertency. This, then, is a special
exception, which permits the judges to distinguish between the nature of
offenses; viz., that, if they discovered a man not to be worthy of death, they
should still punish his negligence by a pecuniary
fine.
31.
Whether
he
have
gored
a
son.
I know not whether they are correct who refer this to age, as if any young
persons of either sex were meant by the words son and daughter; but I do not
reject this opinion. Still Moses seems to extend the law, as if, in case a
butting ox had killed its owner's son, the father himself should be subject to
the punishment, for not having taken more care of his children. It might,
however, be doubted, whether it would be just to condemn to death a father
already weighed down by the loss of his child; still it affords a useful
example, that parents should not escape with impunity, if their sons or
daughters should die by their fault.
32.
If
the
ox
shall
push
a
man-servant.
It is not unreasonable that the punishment for the death of a slave should now
be set at less than for that of a free-man. As regarded the crime of voluntary
murder, there was no distinction between slaves and masters; but in a case of
mischance (delicto) the severity might in some degree be mitigated;
especially when the stoning of the ox sufficiently availed for bringing murder
into detestation. God, therefore, showed admirable moderation in condemning the
negligence of the master to be punished by the payment of thirty shekels; whilst
He proposed the ox as an example, and reminded all by its death, how very
precious in His sight is human blood.
Deuteronomy
17
Deuteronomy
17:6
6. At the mouth of two
witnesses, or three witnesses, shall he that is worthy of death be put to death;
but at the mouth of one witness he shall not be put to death. 6.
In ore duorum vel trium testium interficietur qui moriturus est, non
interficietur in ore unius testis.
Deuteronomy
19
Deuteronomy
19:15
15. One witness shall not rise
up against a man for any iniquity, or for any sin, in any sin that he sinneth:
at the mouth of two witnesses, or at the mouth of three witnesses, shall the
matter be established. 15. Non stabit testis unus contra quenquam in
quacunque iniquitate, et in quoeunque peccato quod peccaverit: in ore duorum
testium vel in ore trium testium stabit
verbum.
As His severity in exacting
punishment, where murder has been unquestionably committed, shows how highly God
rates the life of men, so the qualification, which we find here, declares, that
he takes equal care for the preservation of innocent blood. For, since too great
credulity would often impel the judges to condemn the guiltless, He here applies
a remedy to this evil, forbidding that the crime should be punished unless
proved by sure testimony. Although He has naturally inscribed this law upon
every heart, yet he would have it written down, that its observance amongst the
Israelites might be more sacred; for nothing is more dangerous than to expose
men's lives to the tongue of a single individual; but, where the consent of two
or three is carefully weighed, any lurking falsehood is for the most part
detected.
Lest, therefore, any one should be
rashly condemned, and so innocence should be oppressed by any light conjectures,
or insufficient accusations, or unjust prejudices, God here interferes, and does
not allow any to be harshly dealt with, unless duly convicted.
Deuteronomy
22
Deuteronomy
22:8
8. When thou buildest a new
house, then thou shalt make a battlement for thy roof, that thou bring not blood
upon thine house, if any man fall from thence. 8. Si aedificaveris domum
novam, facies tabulatum per circuitum in tecto tuo: nec pones sanguinem in domo
tua, si quispiam ceciderit ex eo.
This
precept also has reference to the preservation of human life. We know that the
roofs of the Jewish houses were fiat, so that they might freely walk upon them.
If there were no railings round them, a fall would have been fatal; and every
house would have often been a house of mourning. God, therefore, commands the
edge to be fortified with battlements, or railings, or other inclosure, and
accompanies the injunction with a severe denunciation; for He declares that the
houses would be defiled with blood, if any one should fall from an uninclosed
roof. Now, if guile were thus contracted by mere incautiousness,
it hence appears how greatly He abominates deliberate cruelty; and, if it
behooved everybody to be thus solicitous as to the lives of their brethren, it
shows how criminal it is to injure them purposely and in
enmity.
Deuteronomy
24
Deuteronomy
24:7
7. If a man be found stealing
any of his brethren of the children of Israel, and maketh merchandise of him, or
selleth him; then that thief shall die: and thou shalt put evil away from among
you. 7. Si quis furatus fuerit animam e fratribus suis e filiis Israel,
et vendiderit: morietur vir ille, et auferes malum e medio
tui.
The same punishment is here deservedly
denounced against man-stealers as against murderers; for, so wretched was the
condition of slaves, that liberty was more than half of life; and hence to
deprive a man of such a great blessing, was almost to destroy him. Besides, it
is not man-stealing only which is here condemned, but the accompanying evils of
cruelty and fraud, i.e., if he, who had stolen a man, had likewise
sold him. Now, such a sale could hardly be made among the people themselves,
without the crime being immediately detected; and nothing could be more hateful
than that God's children should be alienated from the Church, and delivered over
to heathen nations.
Deuteronomy
21
Deuteronomy 21:22,
23
22. And if a man have committed a
sin worthy of death, and he be to be put to death, and thou hang him on a
tree; 22. Quum fuerit in aliquo peccatum ad judicium mortis, et
interficiendus fuerit, et suspenderis illum in
ligno:
23. His body shall not remain all
night upon the tree, but thou shalt in any wise bury him that day; (for he that
is hanged is accursed of God;) that thy land be not defiled, which the
Lord thy God giveth thee for an inheritance. 23. Non pernoctabit
cadaver ejus in ligno, sed sepeliendo sepelies eodem die: quia maledictio est
Dei qui suspenditur, et non contaminabis terram tuam quam Jehova Deus tuus dat
tibi in haereditatem.
The object of this
precept was to banish inhumanity and barbarism from the chosen people, and also
to impress upon them horror even of a just execution. And surely the body of a
man suspended on a cross is a sad and hideous spectacle; for the rights of
sepulture are ordained for man, both as a pledge and symbol of the resurrection,
and also to spare the eyes of the living, lest they should be defiled by the
sight of so horrible a thing. Moses does not here speak generally, but only of
those malefactors who are unworthy of the honor of burial; yet the public good
is regarded in the burial even of such as these, lest men should grow accustomed
to cruelty, and thus become more ready to commit murder. Moreover, that they may
take more careful heed in this matter, he declares that the land would be
defiled, if the corpse should be left hanging on the cross, since such
inhumanity pollutes and disgraces the land. And this was more intolerable in
Judea, which God had given as an inheritance to his elect people, that he might
be there worshipped reverentially, and purely, every profanation being excluded.
The man so hanged is
called
f42 "the curse of God," because this kind of
punishment is detestable in itself. God, indeed, does not forbid criminals to be
crucified, or hanged on a gallows, but rather gives His sanction to this mode of
punishment; He only, by His own example, exhorts the Israelites to abhor all
atrocity. Although, therefore, He does not disapprove of the punishment, He
still says that lie abominates those that are hanged on a tree, that the scandal
may be immediately removed; nor does He call them accursed, as if their
salvation was to be despaired of, but because the hanging was a mark of His
curse. This passage Paul applies to Christ, to teach us that He was made
kata>ra
(a curse) for us, that He might
deliver us from the curse of the Law.
(<480313>Galatians
3:13.) For, since all are guilty of transgression, and thus the whole race of
mankind is implicated in the curse, there was no other mode of deliverance,
except that Christ should substitute Himself in our place. Nor was God unmindful
of His sentence, when He suffered His only-begot, tea Son to be crucified. Hence
it follows that He submitted Himself to our condition, in order; that we might
receive God's blessing; since He was
"made sin for us,
that we might be made the
righteousness
of God in Him."
(<470521>2
Corinthians
5:21.)
Deuteronomy
25
Deuteronomy
25:1-3
1. If there be a controversy
between men, and they come unto judgment, that the judges may
judge them; then they shall justify the righteous, and condemn the
wicked. 1. Si fuerit lis inter aliquos, et accesserint ad judicium, et
judicaverint eos: justificaverintque justum, et impium
condemnaverint:
2. And it shall be, if
the wicked man be worthy to be beaten, that the judge shall cause him to
lie down, and to be beaten before his face, according to his fault, by a certain
number. 2. Si quidem caedendus fuerit impius, tunc prosternet eum judex,
et caedere jubebit illum coram se secundum iniquitatem ejus ad
numerum.
3. Forty stripes he may give
him, and not exceed: lest, /f he should exceed, and beat him above these
with many stripes, then thy brother should seem vile unto thee. 3.
Quadraginta plagis caedere jubebit illum, non addet: ne forte si addat caedere
eum ultra plagis multis, vilescat frater tuus in oculis
tuis.
Inasmuch as moderation and humanity
are here enjoined, it is a Supplement of the Sixth Commandment. The sum is,
that, if any one is judicially condemned to be beaten with stripes, the
chastisement should not be excessive. The question, however, is as to a
punishment, which by lawyers is called a moderate
correction,
f43 and which ought to be such, as that the
body torn by the whip should not be maimed or disfigured. Since, therefore, God
has so far spared the guilty, as to repress even just severity, much more would
He have regard paid to innocent blood; and since He prohibits the judge from
using too great rigor, much less will He tolerate the violence of a private
individual, if he shall employ it against his brother. But it was necessary that
zeal should be thus restrained, because judges, in other respects not unjust,
are often as severe against lesser offenses (delicta) as against crimes.
An equal measure of punishment is not indeed prescribed, as if all were to be
beaten alike; it is only prohibited that the judges should order more than forty
stripes in all to be inflicted for an offense. Thus the culprits were beaten
deliberately, and not in such an indiscriminate manner as when it was not
requisite to count the stripes; besides, they were not so injured for the future
as to be deprived of the use of any of their limbs. With the same intent God
would have the judges themselves to be present, that by their authority they may
prevent any excess: and the reason is added, lest "thy brother should seem vile
unto thee," because he had been beaten immoderately. This may be explained in
two ways, either, lest his body should be disfigured by the blows, and so he
should be rendered unsightly; or, lest, being stained for ever with ignominy and
disgrace, he should be discouraged in mind; for we know how grievous and bitter
it is to be mocked and insulted. A third
sense,
f44 which some prefer, is too far-fetched,
viz., lest he should die like some vile and contemptible beast; for God only
provides that the wretched man should be improved by his chastisement, and not
that he should grow callous from his infamy. As the Jews were always
ostentatious of their zeal in trifling matters, they invented a childish
precaution, in order that they might more strictly observe this law; for they
were scrupulous in not proceeding to the fortieth stripe, but, by deducting one,
they sought after an empty reputation for clemency, as if they were wiser than
God Himself, and superior to Him in kindness. Into such folly do men fall, when
they dare out of their own heads to invent anything in opposition to God's word!
This superstition already prevailed in Paul's time, as we gather from his words,
where he reports that "five times he received forty stripes save one."
(<471124>2
Corinthians 11:24.)
Deuteronomy
24
Deuteronomy
24:16
16. The fathers shall not be
put to death for the children, neither shall the children be put to death for
the fathers: every man shall be put to death for his own sin. 16. Non
interficientur patres pro filiis, neque filii interficientur pro patribus:
quisque in peccato suo morietur.
Here also
God manifests how great is His regard for hum