Judicial Supplements (2)

Judicial Supplements (2)

Deuteronomy 13

Deuteronomy 13:6-11

6. If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers;

6. Si incitaverit te frater tuus, filius matris tuae, aut filia tua, aut filia tua, aut uxor complexus tui, aut amicus tuus qui sit sicut anima tua, clam dicendo, Eamus et colamus deos alienos quos non noveris neque tu, neque patres tui:

7. Namely, of the gods of the people which are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth;

7. E diis populorum qui sunt in circuitu vestro, sive propinqui sint, sive remoti a te, ab extremo regionis usque ad extremum ejus:

8. Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him:

8. Non acquiesces ei, neque obedies ei, nec parcet ei oculus tuus, neque misereberis, neque occultabis eum:

9. But thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people.

9. Sed occidendo occides eum: manus tua erit in eum prima ad ipsum interficiendum, deinde manus universi populi.

10. And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from the LORD thy God, which brought thee out of the land of Egypt, from the house of bondage.

10. Et lapidabis eum lapidibus et morietur: quia quaesivit te abstrahere a Jehova Deo tuo, qui eduxit te e terra AEgypti, e domo servorum

11. And all Israel shall hear, and fear, and shall do no more any such wickedness as this is among you.

11. Ut totus Israel audiant et timeant, nec addant facere quicquam simile huic rei pravae in medio tui

6 If thy brother, the son of thy mother. The punishment which he had commanded to be inflicted on false teachers, is now extended to each one of the people. For although it is a lighter offense in a private individual to draw others with him into error, both because his ignorance is excusable, and the profession of a teacher does not increase his responsibility, yet a falling away from religion, from whencesoever it arises, is intolerable to God. Only, those two points, to which we have already adverted, are to be kept in remembrance, viz., that this judgment can have no place except where religion is duly constituted; and, also, that all are not to be put to death indifferently, who may have erred in some particular, but that this severity is only to be exercised against apostates, who pluck up religion by the roots, so that the worship of God is adulterated, or pure doctrine abolished. Nor indeed does God enjoin that the slipperiness of the tongue is to be capitally punished, if it shall have inconsiderately let fall something amiss, but rather the wicked design of altering the true religion, as the words clearly express the matter. It is worth while remarking with what particularity God enforces upon us the duty of fostering and upholding religion: for, because general laws are usually eluded by various exceptions, He expressly says that neither brother, nor son, nor wife, nor intimate friend is to be spared. The eye is said to pity, because the very look is of great power in awakening the affections on both sides; therefore it is not without reason that God requires such courage as may be moved to pity neither by tears, nor blandishments, nor the sadness of the spectacle. The phrases, too, are emphatic, “thy brother, who proceeded from the same womb;” “the wife who sleeps in thy bosom or embrace;” “the friend whom you love as yourself;” in order that pure zeal, when it sees God’s sacred name profaned, may not give way to any human affection. Christ says that no one is worthy to be acknowledged as His disciple, but he who shall neglect his father, and mother, and children, when necessary. So now God declares that all our tenderest affections, which are implanted in us by nature, and in which all the best persons sometimes indulge, are sinful, if they hinder us from vindicating His glory.

Note 57. “Une malice deliberee, et conceue de longue main;” deliberate malice, and aforethought. — Fr.

Note 58. Addition in Fr, “Quand ils tomberont en ceste malheurete de vouloir attirer quelqu’un en idolatrie;” when they shall fall into this iniquity of wishing to tempt any one to idolatry.

Note 59. Addition in Fr., “En celuy qui se voudra monstrer bon zelateur de la religion;” in him, who would shew himself to be duly zealous in religion.

It is pious and praiseworthy to love our wives and children as our own bowels; nor is there any reason which forbids us from regarding our brother and our friend with similar love; only let God be preferred to all, for it is too preposterous to betray His glory for the sake of man. For to plead the love due to our wives, or anything of the same kind, what is this but to set our affections against God and His precepts? Wherefore the desire to mitigate that severity to which He would harden us, betrays an effeminacy which He will not endure. Now, there are two most just grounds for the heaviness of the punishment; first, because we are almost all of us slack when we ought to be very zealous in avenging the insults which God may receive; and, secondly, because more severe remedies are applied to perilous diseases, so it is right that so noxious, and altogether deadly pestilence as this should be met with extraordinary means. And to this refers the expression “secretly.” For although it might seem cruel to betray such as have not publicly transgressed, yet, inasmuch as sectaries fly from the light, and creep in by clandestine and deceitful arts, it is necessary to prevent them from fraudulently infecting individual houses with their poison, as always is the case with them. Therefore God would have their insidious endeavors checked betimes, lest the contagion should spread.

7 Namely, of the gods of the people. The sum of the matter is to this effect, that we should so acquiesce in the known truth, as that our ears may be closed to all the falsehoods by which it is opposed. Men’s neighborhood to each other commonly produces, by their intercommunication, a conformity of habits. Thus errors pass from one to the other; and since we are generally prone to evil, the worse pervert the better. Since, then, the people of Israel were everywhere surrounded by idolaters, they might have easily been enticed to imitate them, unless measures were taken to prevent it. But the expression “round about” is used, because a pretext for yielding might have been taken from the fact, that the Israelites differed in religion not from a single nation only, but from all who surrounded them on every side. For to whatever quarter they looked, examples presented themselves to their eyes, whereby they were attracted to a new and strange form of religion. He afterwards amplifies this, by adding, even if those nations “be far off from thee;” for the Israelites were not divided from their neighbors only, but severed also from the whole human race. But this was no slight temptation, that they found no companions in the whole world, nor any nation, which agreed with them. Besides, distance itself sometimes causes us to have respect for those who are unknown to us; since the curiosity of men is volatile, and traverses in its levity sea and land, in order to procure for itself pestiferous monsters for the sake of their novelty. Meanwhile, God exalts the faith which is founded on His Word, in comparison with the manners, institutions, rites, and customs of all nations; for none has made any true proficiency in religion unless he abominates whatever is opposed to it.

Note 60. “Trottent ca et la, ct ont la vogue.” — Fr.

9 But thou shalt surely kill him. He would not that every one should privately execute vengeance without a public trial; but he referred to the ordinary custom, that the witnesses should throw the first stone at condemned criminals, as we shall see elsewhere. For it was an admirable provision, that God would have those who had denounced the crime, to be the executors of its punishment, in order that they should be more cautious and moderate in giving their testimony. The reason, which is added at the end, “because he hath sought to thrust thee away from the Lord thy God, who brought thee out,” etc., again exaggerates the crime on the score of its ingratitude; which was detestable in proportion to the inestimable blessing of their deliverance. It was an act of gross wickedness to rebel against God after they had known Him; but it was still more gross to undervalue their Deliverer. Finally, the advantage and fruit of this severity is subjoined; for, whilst punishment was inflicted on one man’s crime, all others were inspired with terror; and thus the death of one is a wholesome discipline for all, in the way of example.

Deuteronomy 13

Deuteronomy 13:12-17

12. If thou shalt hear say in one of thy cities, which the Lord thy God hath given thee to dwell there, saying,

12. Si audieris de una urbium tuarum quas Jehova Deus tuus dat tibi ut habites ibi, aliquem dicen-tem:

13. Certain men, the children of Belial, are gone out from among you, and have withdrawn the inhabitants of their city, saying, Let us go and serve other gods, which ye have not known;

13. Egressi sunt quidam homines filii impietatis e medio tui, qui impulerunt habitatores urbis suae, dicendo, Eamus et colamus deos alienos quos non nostis.

14. Then shalt thou enquire, and make search, and ask diligently; and, behold, if it be truth, and the thing certain, that such abomination is wrought among you;

14. Tunc inquires, et investigabis diligenter: et siquidem veritas sit et rumor verus, quod facta sit abominatio ista in medio tui:

15. Thou shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof, with the edge of the sword.

15. Percutiendo percuties habitatores urbis illius acie gladii, perdendo eam, et quicquid in ea fuerit, et jumenta ejus acie gladii.

16. And thou shalt gather all the spoil of it into the midst of the street thereof, and shalt burn with fire the city, and all the spoil thereof every whit, for the LORD thy God: and it shall be an heap for ever; it shall not be built again.

16. Atque omnia spolia ejus congregabis in medio plateae ejus, et combures igni urbem ipsam et omnia spolia ejus prorsus Jehovae Deo tuo, eritque tumulus perpetuus, non aedificabitur.

17. And there shall cleave nought of the cursed thing to thine hand: that the LORD may turn from the fierceness of his anger, and shew thee mercy, and have compassion upon thee, and multiply thee, as he hath sworn unto thy fathers;

17. Neque adhaerebit manui tuae quicquam de anathemate, ut avertatur Jehova ab ira furoris sui, et det tibi misericordias, misereaturque tui, ac te multiplicet quemadmodum juravit patribus tuis.

12. If thou shalt hear say. If impiety and rebellion should more widely prevail, Moses declares that whole cities, together with their inhabitants, should rather be destroyed, than that so great a crime should remain unpunished. Hence we may better infer how unholy is the tenderness of those who would have no punishment inflicted for the violation of the religion of God. If any sedition may have arisen in an army or nation, and the contagion may have spread through the whole multitude, the severity of a just and moderate ruler does not usually proceed further than to punish the ringleaders; when, therefore, God commands all without exception to be destroyed, the great atrocity of the crime is made apparent. Hence, too, we are admonished, that zeal for God’s glory is but cold among us, unless true religion is held to be of more value than the preservation of a single city or people. But if so many together are to be dragged to death in crowds, their impudence is more than detestable, and their pity cruelty itself, who would take no account of God’s injured majesty, so that one man may be spared. And since we are created to no other end, and live for no other cause than that God may be glorified in us, it is better that the whole world should perish, than that men should enjoy the fruits of the earth in order that they may contaminate it with their blasphemies. If those who first professed Christ’s name had been inspired with such zeal as this, true religion would never have been overwhelmed, and almost extinguished by so many corruptions. But we must always bear in mind what I have already said, that this severity must not be resorted to except when the religion is suffering, which is not only received by public authority and general opinion, but which is proved on solid grounds to be true; so that it may clearly appear that we are the avengers of God against the wicked.

13. Certain men, the children of Belial. Moses puts a case, which very often is wont to occur. For all do not break forth into impiety together at the same moment, but Satan stirs up some who are like fans to excite others; and by their instigations the multitude is led to imitate them. Moses calls such as these “children of Belial;” by which word some think that rebellious (proefractos) men are pointed out, and expound it “without yoke.” Their opinion, however, seems to be more correct, who interpret it “men of nothing,” men in whom nothing good or praiseworthy is found; and literally translate it “those who are worthless.” This expression is invariably applied to the wicked (sceleratis, improbis, et nequam;) and therefore Paul, contrasting Christ with Belial, designates by it Satan the chief of all the wicked. (2 Corinthians 6:15.) He uses the words “gone out,” as if they had dared to come forward, and openly to parade their impiety. But, though the evil may have originated with a few authors, he does not mean that punishment should stop with them; as if the instigation of others availed as an excuse for the multitude. And he enjoins diligent inquiry to be made, for two reasons: viz., lest they should connive at the iniquity, and be lax, and careless about it, or lest they should be too hasty and precipitate in their judgment; because, on the one hand, whilst we are never equitable, nor decide rightly in precipitation and anger, so on the other it betrays base indifference, and something like disloyalty, to overlook so great a crime. Thus both activity and moderation are commended, so that the judge may neither be lax, nor make any decision until the matter shall be carefully inquired into.

Note 61. בליעל, Belial. If the authority of the points be conceded, this word must be considered as composed of בלי, without, and יעל, use, or profit, so as to correspond with our expression good-for-nothing; but, if the points be disregarded, it might be considered as made up of בלי, and על, without yoke; insubmissive, rebellious. S.M.’s note says, “Without the yoke of the Divine Law.” — W.

Note 62. “Ausquels il ne se trouve pas une seule goutte de bien.” — Fr. The Lat., “Eos, qui non ascendunt,” appears to be a misprint; possibly for qui non assis sunt?

15 Thou shalt surely smite. Lest the severity of the punishment should occasion surprise, let us first observe that the error was unpardonable, because its authors, being educated in the doctrines of the Law, could not be deceived involuntarily, nor unless they had grown weary of religion, and set their hearts on the impostures of the devil. On this account God, in the Book of Jeremiah, in order to inveigh more heavily against the inconstancy of the Jews, refers them to distant isles and nations: “Passover (He says) and consider,” etc., “Hath a nation changed their gods, which are yet no gods? but my people have changed their glory for that which doth not profit. Be astonished, O ye heavens, at this,” etc. (Jeremiah 2:10-12.) For justly must their instability be accounted monstrous, that they should have voluntarily forsaken the fountain of life, and have been carried away to vanity by their preposterous love of novelty. If any should object that the little children at least were innocent, I reply that, since all are condemned by the judgment of God from the least to the greatest, we contend against Him in vain, even though He should destroy the very infants as yet in their mothers’ womb. When Sodom and the neighboring cities were swallowed up, we doubt not but that in the mighty multitude many infants and pregnant women also perished; and whilst our reason struggles against this, it is better rather to look up reverently to the Divine tribunal, than to subject it to our own laws. The same may be said of the destruction of Babylon; for when the Prophet exclaims: “Happy shall he be that taketh and dasheth thy little ones against the stones,” he assuredly eulogizes the just vengeance of God. (Psalm 137:9.) So also in this passage, if it does not appear to us agreeable to reason that the whole race of evil-doers should be exterminated, let us understand that God is defrauded of His rights, whensoever we measure His infinite greatness, which the angels themselves admiringly adore, by our own feelings. Although we must recollect that God would never have suffered any infants to be destroyed, except those which He had already reprobated and condemned to eternal death. But if we admit God’s right to deprive of the hope of salvation whomsoever He sees fit, why should the temporal punishment, which is much lighter, be found fault with? Rather let us learn from the severity of this Law, how detestable is the crime of setting up false and spurious modes of worship, since it contaminates not only the infants, whose age prevents them from being conscious of it, but even the cattle and flocks, and the very houses and walls. For he proceeds immediately afterwards to say,

Note 63. “Lesquels n’en sont point coulpables.” — Fr.

16. And thou shalt gather all the spoil of it. They are commanded to burn all the furniture, and whatever is found in the city; and the reason is subjoined, because it is accursed (anathema) If any city was taken in war, all that God here commands to be burnt was to be counted as spoil, for the Jews would pollute themselves by its very touch. It might be indeed that God’s intention was to obviate covetousness, lest the Jews should mix up their zeal with rapine; but the principal reason was that which Moses expresses, that the people might be more accustomed to detest the crime, which they saw to be so cruelly punished by God. The word חרם, cherem, which the Greeks have translated anathema, properly means destruction, or abolition; but that which God would have annihilated, because He cannot bear the sight of it, is called חרם, before Him. Therefore it is said, “Thou shalt burn it to the Lord thy God;” for the translation which some give, “for (propter) the Lord,” is not quite literal. The sum is to this effect, that if they fear God’s vengeance for themselves, and desire to propitiate His favor, they must hold in execration the houses and property of those who have rebelled against the Law. Moreover, it is implied by the words “mercy” and “compassion,” that if God should deal with absolute justice, the wickedness of one city would suffice to destroy a whole country. Whence we gather, that a kind of expiation is demanded to propitiate God, when they are commanded utterly to destroy the city, and to cast every remnant of it into the fire.

Note 64. “Execration.” — Fr.

Exodus 22

Exodus 22:18

18. Thou shalt not suffer a witch to live.

18. Maleficam non pateris vivere.

18. Thou shalt not suffer a witch to live. In these passages the punishment of those is appointed who should in any respect violate the worship of God. We have lately seen how severely God avenged apostasy from the faith; but now He touches upon certain particular points when religion is not professedly forsaken, but some corruption is introduced, whereby its purity is affected. The first passage denounces capital punishment upon witches; by which name Moses means enchantresses, or sorceresses, who devote themselves to magic arts, either to injure persons by their fascinations, or to seek revelations from the devil; such as she was whom Saul consulted, although she might be called by a different name Since such illusions carry with them a wicked renunciation of God, no wonder that He would have them punished with death. But since this pestilent crime would be no more tolerable in a man than a woman, it has been probably supposed that the law was directed against women, because their sex is more disposed to superstition. Certainly the same enactment is made respecting males in Deuteronomy 18:1, only the punishment is not there denounced, but God merely prohibits any of the people from being an enchanter or a witch. Now it is clear that all the kinds which are there recited, are here included under one; so that God would condemn to capital punishment all augurs, and magicians, and consulters with familiar spirits, and necromancers and followers of magic arts, as well as enchanters. And this will appear more plainly from the second and third passages, in which God declares that He “will set. His face against all, that shall turn after such as have familiar spirits, and after wizards,” so as to cut them off from His people; and then commands that they should be destroyed by stoning. Wherefore, since it is not just that men should escape with impunity, when the infirmity of women is not spared, nor that dissimilar sentences should be pronounced in similar cases, the same punishment which was decreed against witches and enchantresses, is now extended to either sex, and to all magical superstitions. In the words also “that turneth to go a whoring,” the atrocity of the crime is again expressed, the similitude being taken from immodest women, who seek with wandering glances for the indulgence of their lust. Moses, therefore, signifies that, as soon as we begin to cast our eyes this way and that, and do not keep them fixed on God alone so as to be content with Him, that sacred union is violated wherein He has bound us to Himself.

Note 65. It is said of the woman, (1 Samuel 18:7,) that “she had a familiar spirit,” (אוב See vol. 1, p. 428; the word here used is מכשפהfrom כשף, praestigiis uti. — Taylor’s Concordance.

Note 66. See ante, vol. 1, p. 426, on Deuteronomy 18:10.

Note 67. “Le mariage spirituel."—Fr.