bour's goods; and the owner of it shall accept thereof, and he shall not make it good. 12. And if it be stolen from him, he shall make restitution unto the owner thereof. 13. If it be torn in pieces, then let him bring it for witness, and he shall not make good that which was torn. 14. And if a man borrow aught of his neighbour, and it be hurt or die, the owner thereof being not with it; he shall surely make it good. 15. But if the owner thereof be with it, he shall not make it good: if it be a hired thing, it came for his hire.
These laws are,
1. Concerning trusts, v. 7..13. If a man deliver goods, suppose to a carrier, to be conveyed, or to a warehouse-keeper, to be preserved, or cattle to a farmer, to be fed, upon a valuable consideration; and if a special confidence be reposed in the person they are lodged with; in case these goods be stolen or lost, perish or be damaged, if it appear that it was not by any fault of the trustee, the owner must stand to the loss; otherwise, he that has been false to his trust must be compelled to make satisfaction. The trustee must aver his innocence upon oath before the judges, if the case was such as afforded no other proof, and they were to determine the matter according as it appeared. This teaches us, (1.) That we ought to be very careful of every thing we are intrusted with; as careful of it, though it be another's, as if it were our own. It is unjust and base, and that which all the world cries shame on, to betray a trust. (2.) That there is such a general failing of truth and justice upon earth, as gives too much occasion to suspect men's honesty, whenever it is their interest to be dishonest. (3.) That an oath for confirmation is an end of strife, Heb. 6. 16. It is called an oath for the Lord, (v. 11.) because to Him the appeal is made, not only as to a Witness of truth, but as to an Avenger of wrong and falsehood. Those that had offered injury to their neighbour by doing any unjust thing, yet, it might be hoped, had not so far debauched their consciences as to profane an oath of the Lord, and call the God of truth to be Witness to a lie: perjury is a sin which natural conscience startles at as much as any other. The religion of an oath is very ancient, and a plain indication of the universal belief of a God, and a providence, and a judgment to come. (4.) That magistracy is an ordinance of God, designed, among other intentions, to assist men both in discovering rights disputed, and recovering rights denied; and great respect ought to be paid to the determination of the judges. (5.) That there is no reason why a man should suffer for that which he could not help: masters should consider this in dealing with their servants, and not rebuke that as a fault which was a mischance, and which they themselves, had they been in their servants' places, could not have prevented.
2. Concerning loans, v. 14, 15. If a man (suppose) lent his team to his neighbour, if the owner was with it, or was to receive profit for the loan of it, whatever harm befell the cattle, the owner must stand to the loss of: but if the owner were so kind to the borrower, as to lend it him gratis, and put such a confidence in him, as to trust it from under his own eye, then, if any harm happened, the borrower must make it good. Let us learn hence to be very careful not to abuse any thing that is lent us; it is not only unjust, but base and disingenuous, inasmuch as it is rendering evil for good; we should much rather choose to lose ourselves, than that any should sustain loss by their kindness to us; Alas! master, for it was borrowed, 2 Kings 6. 5.
16. And if a man entice a maid that is not betrothed, and lie with her, he shall surely endow her to be his wife. 17. If her father utterly refuse to give her unto him, he shall pay money according to the dowry of virgins. 18. Thou shalt not suffer a witch to live. 19. Whosoever lieth with a beast shall surely be put to death. 20. He that sacrificeth unto any god, save unto the Lord only; he shall be utterly destroyed. 21. Thou shalt neither vex a stranger, nor oppress him: for ye were strangers in the land of Egypt. 22. Ye shall not afflict any widow, or fatherless child. 23. If thou afflict them in any wise, and they cry at all unto me, I will surely hear their cry; 24. And my wrath shall wax hot, and I will kill you with the sword; and your wives shall be widows, and your children fatherless.
Here is,
1. A law, that he who debauched a young woman should be obliged to marry her, v. 16, 17. If she was betrothed to another, it was death to debauch her, (Deut. 22. 23, 24.) but the law here mentioned respects her as single. But if the father refused her to him, he was to give satisfaction in money for the injury and disgrace he had done her. This law puts an honour upon marriage, and shows likewise how improper a thing it is, that children should marry without their parents' consent: even here, where the divine law appointed the marriage, both as a punishment to him that had done wrong, and a recompense to her that had suffered wrong, yet there was an express reservation for the father's power; if he denied his consent, it must be no marriage.
2. A law which makes witchcraft a capital crime, v. 18. Witchcraft not only gives that honour to the Devil which is due to God alone, but bids defiance to the Divine Providence, wages war with God's government, and puts his work into the Devil's hand, expecting him to do good and evil, and so making him, indeed, the God of this world; justly, therefore, was it punished with death, especially among a people that were blessed with a divine revelation, and cared for by Divine Providence above any people under the sun. By our law, consulting, covenanting with, invocating, or employing, any evil spirit, to any intent whatsoever, and exercising any enchantment, charm, or sorcery, whereby hurt shall be done to any person whatsoever, is made felony, without benefit of clergy; also pretending to tell where goods lost or stolen maybe found, or the like, is an iniquity punishable by the judge, and the second offence with death. The justice of our law herein, is supported by the law of God here.
3. Unnatural abominations are here made capital; such beasts in the shape of men as are guilty of them are unfit to live; v. 18, Whosoever lies with a beast shall die.
4. Idolatry is also made capital, v. 20. God having declared himself jealous in this matter, the civil powers must be jealous in it too, and utterly destroy those persons, families, and places of Israel, that worshipped any god, save the Lord: this law might have prevented the woeful apostasies of the Jewish nation, in after-times, if those that should have executed it had not been ringleaders in the breach of it.
