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 case, 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," 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.

This passage at

22. If men strive, and hurt a woman. first sight is ambiguous, for if the word death only applies to the pregnant woman, it would not have been a capital crime to put an end to the fœtus, which would be a great absurdity; for the foetus, though enclosed in the womb of its

A. V.,"continue for a day or two." Ainsworth, in loco: "Heb., stand, which the Greek translateth live."

2 It will be seen that the word DN in the text is translated by C., mors; in A. V., mischief. "The Chaldee expounds it, (says Ainsworth,) no death; but it implieth less also than death, as the words following manifest. The Greek refers it to the child; translating, if it be not figured, (ižuxonoμívov,) i.e., have not the shape and proportion."

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 fœtus 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 fœtus 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,' 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 life2) 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 con

1 The word determine is added by our translators. Ainsworth's literal rendering is, "and he shall give by the judges."

2 Added from Fr.

tradict 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. (Matt. v. 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, the 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 carcase 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 wilfully 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 offences; 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.

It is not unrea

32. If the ox shall push a man-servant. sonable 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, shewed 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, CHAPTER XVII.

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.

DEUT. xix. 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.

6. In ore duorum vel trium testium interficietur qui moriturus est, non interficietur in ore unius testis.

15. Non stabit testis unus contra quenquam in quacunque iniquitate, et in quocunque 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, shews 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.