Page:An Exposition of the Old and New Testament (1828) vol 1.djvu/340

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308
EXODUS, XXI.

his service, but to be found more and more free to it, and in it, Ps. 84. 10.

2. Concerning maid-servants, whom their parents, through extreme poverty, had sold when they were very young, to such as they hoped would marry them when they grew up; if they did not, yet they must not sell them to strangers, but rather study how to make them amends for their disappointment; if they did, they must maintain them handsomely, v. 7..11. Thus did God provide for the comfort and reputation of the daughters of Israel, and has taught husbands to give honour to their wives, (be their extraction ever so mean,) as to the weaker vessels, 1 Pet. 3. 7.

12. He that smiteth a man, so that he die, shall be surely put to death. 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. 14. But if a man come presumptuously upon his neighbour, to slay him with guile; thou shalt take him from mine altar, that he may die. 15. And he that smiteth his father, or his mother, shall surely be put to death. 16. And he that stealeth a man, and selleth him, or if he be found in his hand, he shall surely be put to death. 1 7. And he that curseth his father, or his mother, shall surely be put to death. 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; 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. 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. 21. Notwithstanding, if he continue a day or two, he shall not be punished: for he is his money.

Here is,

1. A law concerning murder; he had lately said, Thou shalt not kill; here he provides, (1.) For the punishing of wilful murder; (v. 12.) He that smiteth a man, whether upon a sudden passion, or in malice prepense, so that he die, the government must take care that the murderer be put to death, according to that ancient law, (Gen. 9. 6.) Whoso sheddeth man's blood, by man shall his blood be shed. God, who, by his providence, gives and maintains life, thus, by his law, protects it: so that mercy showed to a wilful murderer is real cruelty to all mankind besides: such a one, God here says, shall be taken even from his altar, (v. 14.) to which he might flee for protection; and if God will not shelter him, let him flee to the pit, and let no man stay him. (2.) For the relief of such as were killed by accident, per infortunium—by misfortune, as our law expresses it, or chance-medley, when a man, in doing a lawful act, without intent of hurt to any, happens to kill another, or, as it is here described, God delivers him into his hand; for nothing comes to pass by chance; what seems to us purely casual, is ordered by the Divine Providence, for wise and holy ends, secret to us. In this case, God provided cities of refuge for the protection of those whose infelicity it was, but not their fault, to occasion the death of another, v. 13. With us, who know no avengers of blood but the magistrates, the law itself is a sufficient sanctuary for those whose minds are innocent, though their hands are guilty, and there needs no other.

2. Concerning rebellious children; it is here made a capital crime, to be punished with death, for children, either, (1.) To strike their parents, (v. 15. ) so as either to draw blood, or to make the place struck, black and blue. Or, (2.) To curse their parents, (v. 17.) if they profaned any name of God in doing it, as the rabbins say. Note, The undutiful behaviour of children toward their parents is a very great provocation to God our common Father; and if men do not punish it, he will. Those are perfectly lost to all virtue, and abandoned to all wickedness, that have broken through the bonds of filial reverence and duty to such a degree as in word or action to abuse their own parents. What yoke will they bear, that have shaken off this? Let children take heed of entertaining in their minds any such thought or passions toward their parents as savour of undutifulness and contempt; for the righteous God searches the heart.

3. Here is a law against man-stealing; (v. 16.) He that steals a man, woman, or child, with a design to sell them to the Gentiles, (for no Israelites would buy them,) was adjudged to death by this statute; which is ratified by the apostle, (1 Tim. 1. 10.) where men-stealers are reckoned among those wicked ones against whom laws must be made by Christian princes.

4. Care is here taken, that satisfaction be made for hurt done to a person, though death do not ensue, v. 18, 19. He that did the hurt must be accountable for damages, and pay, not only for the cure, but for the loss of time: to which the Jews add, that he must likewise give some recompense: both for the pain and for the blemish, if there were any.

5. Direction is given what should be done, if a servant died by his master's correction. This servant must not be an Israelite, but a Gentile slave, as the negroes to our planters; and it is supposed that he smite him with a rod, and not with any thing that was likely to give a mortal wound; yet, if he died under his hand, he should be punished for his cruelty, at the discretion of the judges, upon consideration of circumstances, v. 20. But if he continued a day or two after the correction given, the master was supposed to suffer enough by losing his servant, v. 21. Our law makes the death of a servant, by his master's reasonable beating of him, but chance-medley. Yet let all masters take heed of tyrannizing over their servants; the gospel teaches them even to forbear, and moderate threatenings, (Eph. 6. 9.) considering, with holy Job, What shall I do, when God riseth up? Job 31. 13..15.

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. 23. And if any mischief follow, then thou shalt give life for life, 24. Eye for eye, tooth for tooth, hand for hand, foot for foot, 25. Burning for burning, wound for wound, stripe for stripe. 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