An analytical exposition of the whole first book of Moses, called Genesis, and of XXIII chap. of his second book, called Exodus wherein the various readings are observed, the original text explained, doubts resolved, Scriptures parallelled, the Scripture chronology from the Creation of the world to the giving of the law at Mount Sinai cleared, and the whole illustrated by doctrines collected from the text : delivered in a mornings exercise on the Lord's day / by George Hughes ...

CHAP. XXI. P. P. P. The 18^th Section. Mishpatim.

IN this Chapter we are to consider the se∣cond sort of lawes which God gave to Moses for Israel while he staid at the nei∣ther part of the mount which are judicial; and of these he treat's from the beginning of this Chapter to the 9^th verse of the 23^th Chapter, about which we may observe,

1. The title of the whole bulk of lawes, Ver. 1.

2. The particular enumeration of them, from Ver. 2 and onward, which are various, and as appendices unto several commands of the moral law: of which in this Chapter we have lawes relating unto three commands of the second table,

1. To the law of relations in the 5^th precept, Ver. 2.11.

2. To th•• law for mans life in the 6^th Ver. 12.32.

3. To the eigth precept about mans goods, Ver. 33.36.

I shall note no more here but in the next Chapter follow it.

* 1.11. As to the title of the whole it is thus, And these are the judgments which thou shalt set before them. Readings agree. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Sept. herein,

1. The term of connection and, now as ours, which annexeth this to the for∣mer additions which God spake, not with his own voice as the morall law, but by Moses unto Israel.

2. The matter connected, and herein we have,

1. A proposition of the title, These are the judgements, or righteous ordinances, that is, rules and penalties for the better observing Gods law.

2. A proposition of the use of them, These thou shalt set before them or to their faces,

1. The Minister injoined is Moses from Jehovah.

2. The work injoined is the propo∣sal or declaration of these judgements by set∣ting them in sight.

3. The object, before them, which notes first their heads and rulers, and then the people by them, so that the whole con∣gregation of Israel were here concerned in these judgments.

Quest. 1. What are these judgments pro∣pounded?

Answ. 1. In general they are the righ∣teous words of God, and so include the lawes unto which they are annex∣ed. 2. Yet more strictly here, the term signifyeth, the righteous rule for regulating duties to these lawes, and sentence for executing penalties upon transgression of the same. 3. They are external onely.

Quest. 2. Why are such judgments ad∣ded?

Answ. 1. It is the will of the law-giver. 2. They are as a sense to the law, to keep it from violation. 3. The per∣verse nature of man required these, who otherwise is apt to break Gods bounds, and needeth by these to be restrained.

Quest. 3. Are these judgments now in force?

Ans. 1. As they are any of them grounded upon special time and place they are not, so some things here given about servants. 2. All such as are grounded upon everlasting reason, and universal equity are in force; they comming from the justest judge of proportions, God himself, and acknowledged righteous by the light of nature.

Quest. 4. How was Moses here to pro¦pound them?

Answ. 1. By word of mouth at present to make Israel know them. 2. By writing, unto which afterward God commanded him, to leave them as a standing record to Israel.

We learn from it.

• D. 1. Additional rules God is plea∣sed to give for opening and infor∣cing the brief of the moral law.
• D. 2. A rule of law for penalties external God seeth needful to keep men unto obedience to his com∣mands.
• D. 3. Such lawes for penalties are determined by God, These are, &c.
• D. 4. Penalties so well as lawes God would have made known to his people.
• D. 5. Such judgments God giveth to be declared by a mediatour, he

• ... speakes not these as his law before.
• D. 6. It concern's all the Israel of God to know all his judgments as his lawes delivered to them. Both that Israel then, and that now, Ver. 1.

2. After the title God proceeds to the judgments themselves and the first here in order concerneth the law of relation in the fifth precept; some reduce it to the eigth precept, which upon some account may be, but eminently judgments about relations do appertain to the fifth command; so I take it here, now the judgements here discove∣red concern two sorts of servants.

1. Menservants, Ver. 2.3.4.5.6.

2. Maidservants, Ver. 7.8.9.10.11.

* 1.2To the first. In the judgement concer∣ning menservants note,

1. An act supposed, If thou buy an He∣brew servant, Some read when, &c. Rea∣dings to the same sense, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Sept. — A servant a son of Israel, Onkel. — A servant a Jew, Syr.

2. A judgment thereupon from God twofold,

* 1.31. Concerning the time of service, Sixe years shall he serve, serve thee, diverse. Readings the same, and no difficulty in the terms,

• 1. His work is, servants labour in all lawful things.
• 2. The duration, it must be for 6 years; all this is in terms.

2. Concerning his freedom, And in the seventh year he shall go out free for nothing, Readings agree, — Out of thy house, Syr. Herein are expresse,

• 1. The time stated; in the seventh year from his purchase.
• 2. The liberty injoined, he shall go out free.
• 3. The condition specified, without price, gratis or for nothing, Ver. 2.* 1.4

3. Concerning several cases, about this are several judgments, here also expres∣sed, as,

* 1.51. In case he was bought and became a servant alone, or by himself, this is Gods judgment, If he came in with his body, he shall go out with his body, Sam. — So if he came in alone, Sept. Onk. Syr. — Caelebs, Ar. — With what gar∣ment he came in, with such let him go out, Vulg. inconcinne et alienè prorsus,, all o∣thers render the same sense: for by body here is meant himself, where we have expressed.

1. The case, his single buying and entrance into bondage.

2. The judgment, his single going out at the time appointed.

2. In case he was married when he was bought then the case runs thus, If he were the husband of a wife, his wife also shall go out with him, Readings are all to the same sense. — If a wife came in with him, Sept. — If he had a wife, Vulg. and Ar. Here also occurre to observation.

1. A case supposed, he and his wife were bought.

2. The judgment, they shall both go out free from bondage together, Ver. 3.* 1.6

3. In case he came in single and his Master had given him a wife, the judgment is thus, If his Master have given him a wise, and she have born him sons or daughters, the wife and her children shall be her Masters, and he shall go out with his body, Readings are all to the same sense, onely the vulg. falsely — He shall go out with his cloathing, wherein the words are plain,

1. The case supposeth that the Ma∣ster hath given him a wife, and shee in the time of service hath brought forth children to her husband.

2. The judgment hereupon, which stands in two parts,

• 1. The wife and children are sen∣tenced to be the Lords, who gave her to wife.
• 2. The man is sentenced to go out free with his own body, if he so shall choose, Ver. 4.* 1.7

4. In case the man servant should not desire to leave his condition, with wife and children, the judgment is, And if that servant saying shall say, I love my Master, my wife, and my sons, I will not go out free, Rea∣dings are to the same sense, Herein,

1. The case onely supposed in two things,

• 1. In the love of the servant to his Master, wife, &c.
• 2. In refusall of liberty, I will not, &c. Ver. 5.* 1.8

2. The judgment followeth, Then his Master or Lord shall make him come to the Gods or judges, he shall also bring him to the dore or to the door-post, and his Master shall bore his ear thorough with an awl, and he shall serve him for ever, All readings to the same sense onely one reads Gods, other judges, others the judgement-seat of God, which here is with judges. In this we have these 4 clauses making the sentence,

1. That the Master must bring this servant to the judges, or publik Magistrats, none might do this upon his own privat ar∣bitrement.

2. That after judgement given by the Gods concerning this matter, the Lord of that servant should bring him to the door or door-post, as is expressed.

3. That he should bore thorough that servants ear an awl, as the sentence de∣termins.

4. That after this he should be a servant unto that Master for ever. Thus have we the judgement of this servant in all these cases, Ver. 6.* 1.9 Severall queries must be answeared to clear the sense and scope of this judgement in the whole.

Quest. 1. How came in servitude among men, which is the subject occasio∣ning these judgements?

Answer. 1. In the state of innocency doubtles, order was in some relations and must have bin in others, had man increased in that state, but then had no curse nor pain, nor evill bin in it. 2. Sin being entred into the world, be∣came the first trouble of order, i. e. to make superiority burdensome, and inferiority a burden in all relations. 3. such disturbance of order being made by sin, God was pleased to write that law of nature in all mens hearts, & preserve it, that order of superiority and inferiority was necessary to the ve∣ry life of the universe, and so Mas∣ters and Servants. 4. In this costituti∣on of God sin prevailing with men su∣periours did oppresse, and inferiours groan under their subjection, whereup∣on God saw that it was needful to in∣terpose by his judgements, and upon this account have we several rules for the right demeanour between Mas∣ters and Servants given both in the law, & Gospel.

Quest. 2. Why doth God give special lawes to the Hebrews about ser∣vants?

Answer. 1. Upon a special choise which he had made of them to be his visible people. 2. Because of the eminent hardnes of heart which was among the rulers. 3. Because the servants were Gods, so well as their Lords, Levit. 25.42. 4. God added to his special lawes, special blessings, Deut. 15.18. Therefore he gave these judg∣ments to them.

Quest. 3. Upon what account did they become servants among these He∣brews?

Answ. 1: By Covenant, when any were poor and not able to subsist of them∣selves, and did so bind and ingage themselves to serve others, Deut. 15.12. 2. By sentence of the Ma∣gistrat for theft, Ex. 22.3, And in this case do some Rabbins understand the present judgment. But by the law it appears it was ordered upon both accounts. Afterward it grew a cus∣tom to sell them for debt, but this was the increase of sin and contempt of Gods law, 2. Kings. 4.1.

Quest. 4. How is the number of these 6 years to be numbred? And how ter∣minated?

Answ. 1. From the day of sale must the account begin to the end of 6 years. 2. It is conceived by some that alwa∣yes they were not bound to serve the whole sixe, because the seventh year of release might interpose and cut off the remainder, but that more than 6. they should not serve. 3. Others con∣ceive that none but the yea•• of Jubilee could shorten the time, Levit. 25.40. 4. But ordinarily the term was so long to continue as in the letter is expressed.

Quest. 5. Is this judgment for 6 years-service only, now binding as to Chris∣tian servants?

Answ. 1. Surely no, as to the letter, but the term may be either more or lesse. 2. Yet as to the equity and rea∣son of the law, something is of moral consideration; that no time of ser∣vice be extended beyond such a space as may tend to the good of the ser∣vant. 3. We have none usually in the Church, but Covenant-servants, and they were and are at liberty, if they thinke fit, to bind themselves for lon∣ger time.

Quest. 6. What was the state of this free∣dom?

Answ. 1. Immunity from the relation of servants, and all the burdens atten∣ding thereupon. 2. Liberty to be for a mans self, and look to his own, to build his family, and provide for such as God should give him to take care over. 3. Indowment with goods, and sometimes land, Deut. 15.

Quest. 7. May Christians hereupon buy and sell servants, either of their own, or other nations?

Answ. 1. The partition-wall being bro∣ken down, all nations who will re∣ceive the Gospel are become now a∣like in relation unto God. 2. Violence, to take reasonable creatures like beasts, and make them serve like beasts, is as wicked for Christians to do to o∣thers, as it is for Pagans to do with them. 3. Yet by agreement to take servants upon price and make them in all lawful things to serve; and that with respect to bring them unto Christ, may be, and is just, but not otherwise.

Quest. 8. What kind of wife is it that verse the third is supposed to come into service with him?

Answ. 1. A wise of the same nation. 2. One in lawful marriage, whose condition might be such as to be sold with him; and therefore was shee to be freed with him.

Quest. 9. What wife did the Master give to him, and how was she given? Ver. 4.

Answ. 1. She must be abond-woman of another nation, yet not a Canaanit, for the law for Hebrew women was otherwise, ver. 7. Such were for the Master himself, or his son; but strangers were bond-women, Levit. 25.44. 2. Neither did or could the Master force the servant, but with

his own consent. 3. Neither was this allowed by the law of God, but in case such things were done, God in these judgments provides against greater evills that might be conse∣quent.

Quest. 10. Was it lawful thus for the Masters to separate man and wife in setting free the servant?

Answ. 1. It is to be supposed, that it was no true or lawful marriage, there∣fore the separation was the lesse. 2. Yet the Masters act in giving and separating is sinful; for this law al∣loweth him not to do so, but in case he do so, it takes care to prevent grea∣ter evills.

Quest. 11. Why was the servant brought before the judges?

Answ. 1. To discover that God left no privat man to be judge in his own matters. 2. It was for orderly exe∣cution of Gods judgments. 3. To put that humane sanction visible upon them to keep men in awe; for in such cases they feared men.

Quest. 12. Why was his ear boared at the dore?

Answer. 1. It was done as a signal of his dedition unto bondage. 2. It was a note of infamy upon one that made so little account of liberty. 3. This was to be done by the master himself, to mark him for his own, God herein brands slavish disposi∣tions, who care not for his freedom.

Quest. 13. What was meant by this ever?

Answer. 1. Sometime it notes duration unto the term of life, between rela∣tions, Rom. 7.1. 2. Sometimes the term unto the year of jubilee; this especially is conceived to be the ex∣tent of this ever, Levit. 25.40.

Quest. 14. Unto what scope was this especially intended?

Answer. 1. To keep spirits within mo∣ral bounds. 2. To represent some∣thing of the state of spiritual bondage and liberty; that we may know the evil and refuse it, and the good to choose it, to abhorre spiritual bon∣dage, and make out to the glorious liberty of Gods children in Christ,

Which further informeth us,

• D. 1. Notwithstanding all the gene∣ral lawes given to men, God hath reserved some special judgments for his church.
• D. 2. Among the judgments given to the Church, God hath provi∣ded much concerning servants.
• D. 3. Servants in the Church must do faithful service for their time.
• D. 4. In all things the judgments of God about servants are not the same to the Jewish and Christian Church.
• D. 5. There is a time stinted for ser∣vice to these in the Church by the judgments of God.
• D. 6. Liberty is a more ingenuous condition, when God calleth there∣unto. Ver. 6.
• D. 7. Freedom should carry propor∣tion unto the state of service; sin∣gle to single, double to double. Ver. 3.
• D. 8. Mens irregular pressures of others to servitude, hath occa∣sioned judgments to order them, Ver. 4.
• D. 9. He that loveth servitude is ad∣judged thereunto by God with signe of infamy, Ver. 5.
• D. 10. In perpetuating servitude u∣pon any God leaveth not privat men to their wills.
• D. 11. God in judgment delivers men to an ever of servitude when they choose it.
• D. 12. Gods judgments about corpo∣ral bondage and freedom should mind us about our spiritual; to hate slavery and love freedom, Ver. 6.

2. The judgment of God about maid-servants now followeth, Ver. 7.8.9.10.11. Wherein several cases and judgments are also proposed,

1. About selling maids, into service, Ver, 7.* 1.10 And when or if a man sell his daugh∣ter for a maidservant, she shall not go out ac∣cording to the going out of menservants, Onk. Sam. Ar. Syr. to the same sense, — As other bondmaids run away Sept. — Filiam parvulam. Ben. Uz. — As bondmaids are wont to go out, Vulg.

1. The case is this if any man of the sons of Israel shall sell his daughter for an handmaid, herein is supposed,

• 1. A seller, the Father.
• 2. A buyer, the master.
• 3. The matter of sale, a daughter.
• 4. The use unto which she is sold, to be a maidservant, the letter is plain.

2. The judgment hereupon generall, she shall not go out as the men-servants go out, that is according to the judgment gi∣ven about them in the former part of this Chapter, in all respects like unto them, Ver. 7.

2. About the usage of her by her Master, wherein,

* 1.111. The case is supposed, If she be evill in the eyes of her master, or if she please him not. Who hath not betrothed her, so in (Chetib) or who hath betrothed her to himself so in (keri) Sept. — To whom she hath bin given, Vulg. — Who both be∣trothed her to himself, Onk. — Who had not betrothed her, Sam. Ar. Syr. Where we have supposed,

1. That this maid is not acceptable with her Master, to whom she was sold, that is expresse.

2. That he had not betrothed her, so the words are in the Hebrew text. That he had betrothed her to himself, so it is in the margin. Our translators with the Caldee take the letter. Either carry a truth, whe∣ther we read 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉* 1.12 a negative, or a pronoun to himself. In either case of displeasing him, that he would not betroth her, or if dis∣pleasing him after he had betrothed her; both are the ground of the provision made.

* 1.132. The judgment of God hereupon, which is twofold,

1. Affirmative, Then shall he make her to be redeemed. — He shall redeem her. Sept. Syr. — Let her go, Vulg. — He shall make her free. Onk. — He. shall care that she be redeemed. Sam. Ar That was to be done by some neer of kin; and by this it appear's rather, that he had not betrothed her, though she were sold for that purpose, but if this could not be done, other provision is made afterward, Ver. 11. Dabit pecuniam, &c. Saltem re∣mittetilli pecuniam servitii, Vatab.

2. Negative, To a strange people, he shall not have power to sell her, for that he hath deceitfully done against her, — Despi∣sed her, Vulg. — Rejected her. Sept. — To another man seeing he hath the rule of her. Onk. — He dealt perfi∣diously, Sam. — Deceived her. Ar. Syr.

1. The judgment here is, he must not sell her to a stranger of another nation.

2. The reason, because he preva∣ricated and dealt deceitfully with her, ei∣ther in not marrying or in despising her af∣terward, Ver. 8.* 1.14

3. About disposal of her to his son, wherein also,

* 1.151. The case supposed, And if he shall betroth her to his son, Readings to the same sense, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉. Here also is supposed another end of buying this Hebrewesse, i. e. to make her a wife for his son, if not for himself, but to one it was intended. Here note,

1. The author of the contract, the Master.

2. The parties of the contract, his son and the maid which he bought.

3. The contract itself, which was espousal promise. All this is supposed in the case.

2. The judgment hereupon, He shall do unto her according to the judgment of daughters, or rightful manner, readings agree, — Custom of the daughters of Israel. Onk. This was known dowry, &c. Ver. 9.

4. About her state, if other wives be added, wherein note,

1. The case is again supposed,* 1.16 If he take to him another wife, Readings agree, onely some read to him as ours and Vulg. & Ar. others to himself, Sept. Onk. Sam. Syr. The proun in the Hebrew may be ren∣dred either way; here then is supposed,

1. If the son take to himself ano∣ther wife, after he hath married this.

2. If his father had taken another wife to him, after he had espoused her.

3. If either of them take another, this is the case.

2. The judgment upon this case is, Her food, or flesh, raiment or (covering) and her marriage duty (as ours and others) habi∣tation (as some) shall he not diminish or with∣draw, Others her time or season namely of conjugal injoyment as Vatab. Buxtorf. &c. Others the reward of her virginity taken away, duty of marriage may take in most of these, so that the judgment is,

1. That he shall continue his ali∣mony, as we call it.

2. That he provide her vesture, cove∣ring or raiment.

3. That he allow her habitation, due benevolence, or that which may answear the same.

He shall not defraud her of necessaries, raiment and conversation, Sept. — And her nourishment, raiment and com∣munion he shall not prohibit, Onk. — And habitation he shall not take away, Sam. — And her times he may not diminish Ar. — And conjugall injoyment, he he shall not lesson, Syr. And the reward of her chastity he shall not deny, Ver. 10.* 1.17

5. About her condition, if all be de∣nied, where also observe,

1. The case again is supposed,* 1.18 And if he do not these three unto her, Readings are mostly the same. — He shall not do one of these 3 unto her. Wherein is no difficulty,

1. The 3 things supposed are, food raiment, and marriage-duty, immediatly before mentioned. The other three, first of marrying her himself, 2 of betrothing her to his Son, 3 of causing her redemption are too remote, and not so properly referred to the numeral term here.

2. The act supposed is the denial of these to the maid that he giveth neither.

2. The judgment hereupon follo∣weth,

Then shall she go out freely without mo∣ny, all readings the same. This is the last determination of Gods judgment concer∣ning the daughter of Israel thus sold; if the hardnes of mens hearts will not yeeld for∣mer dues, yet she shall not be kept in bon∣dage, but injoy her liberty without exac∣tion of any price, Ver. 11.* 1.19 — But he shall give her a bill of divorce. B. Uzziel. Some queries must be here satisfied.

Quest. 1. Are all these (ifs) made in this, and other cases, supposing things lawful? As, If a man sell, &c. Was it lawful for a man to sell his daugh∣ter? or if he take another wife. Was it lawful for him so to do? And in se∣veral such instances?

Answer. 1. Suppositive terms do not conclude all things supposed to be, or to be lawful. 2. It is an evident truth that where any thing is supposed by God to be done, which elsewhere he forbids, there it cannot be supposed to be lawful. 3. In delivering these judicial lawes, Gods meaning is not to countenance, what he supposeth they did but to their extravagant ac∣tings, that they should not be the un∣doing of their brethren & neighbours as in the present case.

3. These things supposed of selling chil∣dren and multiplying wives and denial of paying marriage-dues, are all expressely a∣gainst Gods command; therefore none of them are allowed.

Quest. 2. How is it here she shall not go out as the menservants, yet in Deut. 15.17. it is said unto thy maid-servant, thou shalt do likewise?

Answer. 1. Some seeming opposition there is between these, that here they should not be dealt withall as men-servants, and that there God should give the same judgment upon both. 2. Yet the cases are different, for here the daughter is supposed to be sold by the Father, but in Deut. Chap. 15. that women, as well as men, sell themselves voluntarily. 3. The ends in both are different, in this place the end was ingenuous; that she might be a wife, but in that of Deut. Servile, onely to be anothers instrument. 4. It is conceived that the parity stands in making a perpe∣tual servant, not in setting them free. 5. This law of liberty is not to be un∣derstood simply as to all things of freedom, but in some respects onely, wherein need was there should be dif∣ference, between men and women; this considered the places will be easi∣ly reconciled.

Quest. 3. How is this case understood, If she please not her Master, or be evill in his eyes?

Answ. The sense is plain, onely the time is doubtful, when she thus became e∣vill in her Masters eyes, of which note,

1. That it was before his betrothing or marrying her, for in that space it was lawful to redeem her.

2. That it could not be after he had es∣poused her, for then it was unlawful by Gods law to put her away.

Quest. 4. How or by whom should this maid be redeemed?

Answ. 1. By her Father, if he could. 2. By her neer kin, if he could not do it. 3. If other means failed, he was to remit the price for her, and set her free.

Quest. 5. What is meant by another wife either with her or without her?

Answ. Either may be supposed to be the case.

1. If the Father or son take another wife beside her or with her.

2. Or if he take another, and leave her who was sold to be his companion, upon each account the judgment stands firm for dealing with her, as it is written, to give her food, raiment and habitation.

Quest. 6. What is meant by the Masters deceitful dealing with her?

Answ. 1. Not probably the corrupting of her by deflouring, as some; for o∣ther judgment was upon that, Exo. 22.16. 2. But rather frustrating her expectation of marriage, according to his agreement, therefore was he to care for her redemption.

Quest. What may be the scope of this judgment?

Answ 1. To hint the hardnes of Fa∣thers hearts and mollify them. 2. To bound the will of them, that buy these creatures from oppressing them, and using their lusts on them. 3. To pro∣vide for the chastity and honour of those, who are the weaker vessels. 4. To represent the goodnes of God in the freedom of souls espoused unto Christ, of which these legal things are shadowes.

It teacheth us further.

• D. 1. Though the judgments of God suppose mens sins, they allow none of them.
• D. 2. It is great hardnes of heart to sell children for mens advantage to unnatural fathers.
• D. 3. In case of such hardship Gods judgments provide against the ruine of children in his Church.
• D. 4. Gods special judgments take care for daughters in special, as

• the weaker sexe, before men. Ver. 7.
• D. 5. Masters as wel as parents are apt to dislike, and deal hardly with the children of the Church under them
• D. 6. In case of such distaste and hard dealing, God provides for the freedom of weaker ones.
• D. 7. God will not have any to make merchandize of the children of the Church.
• D. 8. Mans deceitfulnes occasions Gods faithfulnes to provide for his oppressed children. Ver. 8.
• D. 9. Gods judgment determin's all relations justly to be used, ser∣vants as servants, children as children. V. 9.
• D. 10. In case of mans rejecting a due wife, Gods judgment requires him to make due provision for her.
• D. 11. Vnder the hardest pressures of the daughters of Israel God would have them free and inge∣nuous.
• D. 12. Gods justice appears in le∣gal freedom, & his goodnes emi∣nently in the Gospel-liberty under Christ our head, Ver. 11.

Now follow those judgments annexed to the 6^th moral precept which concerneth the life of our neighbour, from Ver. 12. to Ver. 32. Wherein is provided.

1. Against hurting the life of man by man, Ver. 12.27.

2. Against the annoying mans life by beasts, Ver. 28.32.

In the former judgments which secure the life of man from being indangered by man, we have,

1. The judicial law general in this mat∣ter, Ver. 12.* 1.20 He that smiteth a man and he dye or be dead, dying he shall dye, Readings to the same sense, — Shall strike wil∣ling to kill him, Vulg. — With kil∣ling let him be killed, Onk. — Let him be slain; Ar. — He shall utterly be killed, Syr. Sept. and Sam. as Hebr. — A son or a daughter of Israel, shall be certainly slain with the sword, B. Uz. Herein note,

1. The subject guilty here supposed, He that smiteth a man so that he dieth, that is, he that killeth, or smiteth the life of a man, Levit. 24.17.

2. The judgment or penalty inflicted, dying he shall dye; He shall surely be killed; but this do in a just and regular way.

1. By a just indictment before the judges, Deut. 19.17.

2. By due attestation of witnesses, Num. 35.30.

3. By sentence pronounced by the judge according to the law, Deut. 17.9. Ver. 12.

2. Several cases & judgments in special follow about the life of man, as may be seen in order,

1. In case of unwilling slaughter or chance-medly,* 1.21 And if he hath not lien in wait, but God hath made him occasionally come into his hand, then I will set a place for thee whether he shall flie. Readings are to the seme sense, — Make for thee a place, &c. Syr. — He who hath not laid wait, &c. most read. Herein,

1. The case is supposed and that two wayes,

1. If a man lye not in wait, or hunt not for the life of his neighbour, as hun∣ters for game.

2. If God deliver him, or make him occasionally fall into his hand, which case, we have notably stated in a special in∣stance, Deut. 19.4.5.

2. The judgment hereupon, I will ap∣point thee a place whether he shall flee, that is, either the altar in the Tabernacle while they were in the wildernes, or els the ci∣ties of refuge, which afterward were to be built, Deut. 19.1, 2, 3. Num. 35.6. The exposition of which judgment is more fully given, Num. 35.22, 24. &c. ver. 13.

2. In case of wilful murder,* 1.22 But if he proudly deal against his fellow or neighbour to kill him with guile from mine altar shalt thou take him to dye, Readings are all to the same sense, — Of industry and by treachery, Vulg. — Lay hold upon his neighbour to kill him and fly, &c. Sept, — Though he be a Priest and Minis∣ter at mine altar, &c. Ben. Uz. — The great Priest, Targ. Hierus. Herein also note,

1. The case supposed, wilful murder in two characters,

1. If he deal proudly, violently, pre∣sumptuously.

2. If he kill him with guile, and ly∣ing in wait.

2. The judgement, though he should flee unto the place of refuge, city or altar, yet that must not shelter him, but dye he must, as Deut, 19.11.13.

Quest. 1. How many sorts of murder do these judgments suppose?

Answer. But two onely. 1. Wilful murder, when any by fraud or force set upon their neighbours to destroy them. 2. Unwitting and unwilling slaughter, when providentially a man falleth by the hand of his neighbour, he having no thought of hurt unto

him, which we call chance-medly, other kinds are not supposed here.

Quest. 2. Doth this judgement about wilful murder stand now in force?

Answer. Yea: for 1. The reason is the same now as ever, which is the price of blood in Gods account. 2. It was a law grounded in nature, long before the giving of the judgements to Israel. 3. God is the same judge now as then who doth require it. 4. It defileth lands now as then.

Quest. 3. Are there such places of re∣fuge for unwilling murderers to fly to, under the Gospel?

Answ. 1. Places now need not to be set apart, they were peculiar to the Je∣wes. 2. It is unwarrantable to make churches, &c. shelters to murderers, as with Papists, taking pattern from gentile idolaters. 3. Yet is there an equity in this, that the man which intended no harm, and yet God de∣livered his neighbour into his hand, should be by the Magistrats deli∣vered from death.

Quest. 4. Is not murder in thought punishable?

Answ. 1. Not by this law, which was to be executed by men, and they are no judges of thoughts. 2. It is pu∣nishable, and shall be severely re∣quired by God, in his judgment; as the Lord Christ sheweth, Matt. 5. ver. 22.

Learn hence.

• D. 1. The life of man is very dear to God to preserve it, man is Gods image, Gen. 9.
• D. 2. The wilful murderer of his neighbour, by Gods law must dye without mercy. Ver. 2.
• D. 3. Pride, presumtion, and trea∣chery, make men truly murderers.
• D. 4. Gods altar or holy place must be no shelter unto bloody sinners from justice; Ver. 12.
• D. 5. God may kill a man by his neighbours hand, and yet he be guiltles.
• D. 6. In such cases God secures an innocent manslayer from death, Ver. 14.

3. In case of indangering the life of pa∣rents by children, of which we have a double instance,

• 1. Of smiting parents, Ver. 15.
• 2. Of cursing them, ver. 17.

Which because they concern the same relations, we shall join them here together, and therein we have to consider,

1. This respect's the 5^th command, as to the object.

2. The 6^th precept, as to smiting,

1. The case, which is a twofold sin indangering the life of parents,

1. The smiting of them, v. 15.* 1.23 And he that smiteth his father or his mother, Rea∣dings are to the same sense, — He that beateth, Syr. — He that shall hurt father. &c. B. Uz. Wherein,

1. The offender, the child, son or daughter, generally here spoken of, and not restrained unto Israel.

2. The offended, the own father and mother of the child, His father, &c.

3. The offence itself, and that is smiting, striking with an instrument, or fist, cudgel, sword, hand, or otherwise by kicking, &c.

2. The reviling of them,* 1.24 And he that curseth his father and his mother Rea∣dings are to the same sense, onely the 70 read this for the 16^th verse, — He that spea∣keth evill, &c. — Wrongeth, Ar. — Reproacheth, Syr.

1. The sinner, the same as before.

2. The object immediat, the same father and mother.

3. The sin itself, cursing, reviling and reproaching them. Levit. 20.9.

2. The judgment upon this double case, is one and the same;* 1.25 dying he shall dye, or he shall be put to dye the death, or he shall be surely put to death, by strang∣ling for smiting, and by stoning for cur∣sing, as Jon. Ben. Uz. giveth his glosse upon it, but certainly dye he must by this law. This respects the 5^th and 9^th precept.

Quest. 1. What kind of smiting is this which deserveth such a judgment?

Answ. 1. Wilful smiting it must be. 2. smiting unto death, it may be so was the smiting before. Ver. 12. 3. Smiting unto danger of loosing life, though death follow not; is generally here conceived to be the case; which may be strengthned by the judgment following upon the words. Onely this must carry its due aggravation with it.

Quest. 2. What kind of cursing is this so judged unto death?

Answer. 1. It must be wilful and mali∣cious. 2. It must be stubborn and obstinat. 3. It must be persistent, & persevering against all privat means of reclaiming, Deut. 21.18. Not unawares, &c.

Quest. 3. Why should these sins against parents deserve such death?

Answ. 1. It was the judgment of God, who is the onely judge of proportion between sin and penalty. 2. Parents are more soveraign persons unto

children, than other common neigh∣bours, for as much as these have life from them; nature therefore aggra∣vats such sin to judgment. 3. These smitings and cursings are against the life of parents, though they may not actually in present take them away.

Quest. 4. Are these judgments in force now, or were they onely for the He∣brewes?

Answ. 1. They are not in the letter ter∣minated upon the Hebrewes as other judgments are, Ver. 2. 2. Piety to parents is a duty natural and concer∣neth all men, no lesse doth the sin in denying it. 3. The reason of the pe∣nalty is the same now as ever. 4. O∣ther nations have executed the like to cast them into the water in a bag, with a cocke, an ape, a viper and a dog, so the Romans. Egyptians first beat them, and then burnt them with thorns, &c. 5. God no where hath reversed these judgments: therefore when such impieties against parents grow so high, God hath determined thus upon the incorrigible, Levit. 20.9.

Quest. 5. Had Fathers power in their own hands thus to exact from disobe∣dient children?

Answ. Surely no, not by Gods orde∣ring, though it were permitted by some nations; but the law bound them to bring them to the judges, who were to try and judge, Deut. 21.18.

This teacheth us.

• D. 1. Due honour to parents, and piety in children, God injoin's by special judgments.
• D. 2. It is horrid wickednes for chil∣dren presumptuously to smite or curse their own parents.
• D. 3. The just God hath inflicted no lesse penalty than death upon such malicious sinners against pa∣rents, Ver. 15.17.

4. In case of indangering mans life by stealing of him, &c. And he that stealeth a man and selleth him, or he be found in his hand, dying he shall dye, Ver. 16.* 1.26 Readings are to the same sense. — Any of the sons of Israel, and overpowring sell him, and he be found with him, &c. Sept. — A soul of the sons of Israel, &c. Onk. Here∣in we have,

1. The case supposed in three particu∣lars,

1. If one steal a man or a soul, that is, by fraud or violence.

2. If he sell him and make traffick of him.

3. Or if he be found in his hand or pos∣session to keep him. This is against the eigth precept as to stealing, but against the sixth also as indangering life by stealing and selling.

2. The judgment, He shall surely be put to death. This is the due penalty from God on men-stealers.

Quest. 1. Is stealing meritorious of death?

Answ. 1. Stealing souls is so, for it is stealing life and betraying it for gain. 2. God knoweth the proportion due, and he hath appointed it.

Quest. 2. Who was to execute this judg∣ment?

Answ. Doubtles the Magistrats and Jud∣ges who were to try this capital crime as others, and then to give sentence.

Quest. 3. Is this judgment in force?

Answ. 1. The reason is in force. 2. The Gospel doth confirm the law in force. 1. Tim. 1.10.

Learn we.

• D. 1. Men-stealing to sell and spoile them is a most horrid sin a∣gainst mans life.
• D. 2. Death temporal and without repentance death eternal, is judged by God to such sinners, Ver. 16.

5. In case one man smite another unto danger though not unto death, Ver. 18.19. Wherein we have.

1. The case supposed in these words, And, when or if men strive and a man smite his neighbour with a stone, or with a fist, and he dye not, but falleth on a bed, Ver. 18.* 1.27 if he rise again and walk upon his staffe or crutch. Thus farre the case. Readings to the same sense, some expressions various, — But lye upon a bed, Vulg. — If two men revile, &c. But lye upon a bed. Sept. — Fall upon the bed and be idle, Onk. — With a stone or breaking instrument, &c. If he walk by himself, &c. Ar. — He dyeth not but fall into a disease, &c. Syr. In these words the whole case carrieth these suppositions to be conside∣red,

1. It supposeth the occasion a sudden quarrel, if men strive, or brawle, or con∣tend.

2. It supposeth the act of violence, if a man smite his fellow with a stone or fist; which act by such instruments notes a dan∣gerous wound, threatning the losse of life.

3. It supposeth the issue in several e∣vents,

• 1. If he dye not,
• 2. If yet he fall upon his bed, and be sick.

• 3. If he recover, and rise again.
• 4. If he walk abroad with his staffe.

2. The judgment upon this case, Then the smiter shall be innocent, onely he shall give his ceasing and healing be shall heal (him,) rea∣dings are to the same sense, but other terms, — That he restore him his labours and cost upon Physitians. Vulg. — Onely he shall recompense for his cessation, and his medicines. Sept. — He shall restore that when he was idle from his work, and shall pay the physitians reward, Onk. — But he shall restore the dammage of his ceasing from work, and take care that he be hea∣led, Sam. — He shall give a mulct for his idlenes, and for medicines wherewith he is healed. — Onely he shall give him for ceasing from his labour & a reward for the Physitian. Syr. The judgment then con∣sists of these 3 sentences.

1. The smiter shall be guiltles of mur∣der, not of violence and injury.

2. The smiter shall pay for the losse of all his labour and time, wherein he should provide for himself and family.

3. The smiter must take care for his thorough healing, and pay for that also, Ver. 19.* 1.28

Quest. 1. What kind of strife is here meant?

Answer. Any sudden falling out by words, or provoking carriages not premeditated.

Quest. 2. What kind of smiting is here intended?

Answ. Twofold, as hinted by the in∣strument.

1. Smiting at a distance by throwing stones, or any hurtful things, darts, &c. at their neighbours.

2. Closer striking by fist, sword, &c. whereby hurt was done.

Quest. 3. What kind of men are inten∣ded here?

Answ. 1. All sexes male and female. 2. All conditions bond and free. 3. All estates rich and poor; all were bound to the judgment given in this case; and if servants were not able to make re∣compense, they were to be sold, and made to serve as in case of theft.

Quest. 4. What if the man did dye who was smitten?

Answer. Surely the smiter was to dye as by the general law of murder, ver. 12. if the smitten died he was guilty of blood, sudden passion could not excuse his wilful smiting.

Quest. 5. What if the man died after his walking?

Answer. 1. It is supposed that his wal∣king abroad did denote his perfect cure, and therefore if afterward by his own fault he relapsed, and died not truly of the wound, the smiter was not guilty.

Quest. 6. Were no more charges to be born but for losse of time and hea∣ling?

Answer. 1. This judgment supposeth no other hurt, but losse of time and sicknes. 2. Upon other evills inflic∣ted by smiting other judgments were given.

1. In case of any blemish made on him the same was to be returned on the smiter, Levit, 24.19.

2. In case of other pain or shame here∣by inflicted, further penalties were exacted, Deut. 22.19, &c. Deut. 25.11.12.

Quest. Is this law now in force?

Answer. 1. The reason of it continueth. 2. The equity of it by the light of na∣ture is confirmed.

It instructs us, that.

• D. 1. Passions and contentions breed many sad events among neigh∣bours.
• D. 2. Smitings, and wounds, and sicknes, and death are usual ef∣fects of sudden passions.
• D. 3. In case it proceed not to death, God will not suffer injuries unpu∣nished by men.
• D. 4. Gods judgment quits smiters from guilt of murder, where death followeth not.
• D. 5. Not onely the death, but the hurts of men, are in Gods heart to prevent, Ver. 18.
• D. 6. It is just with God that he who wounds must look to thorough hea∣ling of his neighbour.
• D. 7. Mans losse of time as well as health God will have recompensed by the injurious.
• D. 8. Security and prosperity of crea∣tures is the end of Gods judgments against violent men, Ver. 18.19.

6. In case of a mans smiting his servants unto death we have the judgment of God discovered, ver. 20.21.

1. The case is here supposed twofold,

1. And if or when a man shall smite his manservant or his maidservant with a rod,* 1.29 and he dye under his hand, Readings are to the same sense under various terms, — And they shall dye, &c. Vulg. Sam. Others read as the Hebr. In the singular, where note,

1. The smiter supposed, any un∣der the relation of a Master in Israel.

2. The smitten, either man or wo∣man servant.

3. The act, with the instrument, and issue smiting with a rod, or staffe, sit for correction, not any other instrument to kill unto death, yet that hereby (either he or she dye upon such smiting.

2. The judgment upon this case, In avenging he shall be avenged, i. e. Punished certainly, according to the demerit of the fact. Readings are here various, — He shall be guilty of the crime, i. e. murder, Vulg. — With judgment or jud∣ging he shall be judged, Onk. and Syr. — Let him dye the death, Sam. let him suffer punishment, Ar. — If a man smite a man or woman servant, a Canaanit with scourges, and he dye that day, &c. he shall in judging be judged to death by the sword, Jon. Ben. Uz. In all which the judgment is the same that such a master is to dye by the sentence of the judges, according to the law for wilful murder. Ver. 20.* 1.30

2. The next case hereabout is thus ex∣pressed,* 1.31 Nevertheless or but if he stand up one day or two dayes, Readings to the same sense. — If he shall survive, &c. Vulg. Sept. Onk. Ar. Syr. — If they shall stand up, &c. Sam. Where note,

1. It is supposed that the servant is not dead.

2. It is supposed that he liveth after his beating, one day or two. The judgment hereupon,* 1.32 He shall not be avenged, for he is his mony, — He shall not lye under punishment, for he is his Lord. Ar. — Sept. Onk. and Syr. are as Hebr. Where we have to note,

1. The sentence, he shall not be put to death, which is the meaning of the phrase.

2. The reason of it, because the ser∣vant is his mony, that is, bought or purchased with his mony, so that he is the lawful Lord and possessour of him. These were Canaanits or bondmen bought of other nations.

Quest. 1. What kind of servants were these?

Answ. 1. None of the seed of Israel, for they could not be absolutely sold, but upon condition, Levit. 25.39, 40. 2. They were therefore either Canaa∣nits, or of some other strange nation, whom they might buy to be their servants for ever;

Quest. 2. What kind of rod was this used?

Ans. 1. It is supposed to be an instrument fit for due correction. 2. No weapon as sword or staffe which are instruments of death, and wherewith men used to slaughter, this onely is for chaste∣ning, that threatens wounds and death.

Quest. 3. Was it lawful for them to smite their servants?

Answ. 1. It was as to due correction for their faults. 2. It was not as to the destruction of life, this supposition therefore favours not their act.

Quest. What is meant by standing up one day or two?

Answ. 1. The natural day must needs here be understood. 2. The servants standing up one day or two, noteth his standing to work, so that by bea∣ting he was not disinabled from la∣bour, much lesse in danger of death, Servum per diem unum, vel duos dies stare, tantundem valet ac vigere omni∣bus integris membris. Quod si inflictum esset vulnus, aut appareret ulla mu∣tilatio, caedis reus esset pereussor, Calv. in loc.

Quest. 4. What is the true force of that reason, For he is his mony?

Answ. 1. It doth not intend that the person in his body, and soul, or life is the price of his mony, for then the reason would be good to acquit the smiter, if the servant had presently dyed in beating, if that were the sense. 2. The meaning is that the person as to his labour, and travel is his mony; and as his Lord, he may justly exact it by commands, and due correction, but he is not the Lord of the life of his servant, neither is that the price of his mony; life cannot be bought and sold.

Quest. 5. Is this law now in force?

Answer. Yea, for 1. The reason of it is the same. 2. The equity of it is evident to the light of nature; no man to be Lord of the life of his servants. 3. Though Israel were Gods pecu∣liar people, yet would not he suffer them to destroy the lives of strangers; for all men bear the image of God equally in their souls, therefore are their lives precious to him.

Observe from it.

• D. 1. It is supposed that Masters in the Church of God may be cruel in correcting servants, but it is sin.
• D. 2. It is possible that death may fol∣low upon such cruel smiting.
• D. 3. In such case the life of the vi∣lest slaves is precious with God, and he requireth it with death, Ver. 20.
• D. 4. Correction due unto servants which indanger's not life, is sup∣posed lawful.
• D. 5. No governour is guilty by Gods

• ... law upon such due chastening.
• D. 6. Servants are the due purchase of their Lords for their labours not for their lives.
• D. 7. The lives and comforts of poo∣rest slaves are dear to God and se∣cured by him, Ver. 21.

1. In case of hurt done to a woman with child, which may indanger the life of mo∣ther or child. We have the judgment laid down, Ver. 22.23.24.25. Herein the case and the judgment are twofold,

1. The case supposeth hurt to such a woman and no mischief consequent in these words,* 1.33 And if or when men strive and strike a woman with child, and her births go away and there be no mischief or destruction or death. — And make an abortive, but she live. Vulg. — And the child not formed passe away, Sept. — And her fruit depart and death shall not be. Onk. — And the infant depart and death follow not, Sam. — And shall cast her fruit and the chance of death intervene not. Syr. — Her fruit of womb depart, and death happen not, Ar. Here note,

1. The occasion supposed, If men strive or two men, as Syr.

2. The offence supposed, if they strike, or hurt a woman with child in their conten∣ding.

3. The issue of this hurt or striking, twofold,

1. That the fruit of her womb come from her,* 1.34 whether one child, or more.

2. That no death happen thereupon, neither upon mother, or child.

2. The judgment upon this case is, Pu∣nishing he shall be punished, even as the wo∣mans husband shall put upon him, and he shall give by the judges, v. 22.* 1.35 — Dabit paenas percur∣sor, Vatab. — He shall lye under dammage as much as the womans husband shall desire, and the judge shall judge, Vulg. — He shall pay dammage as the womans hus∣band shall lay upon him, and he shall give it by authority, Sept. — With condem∣nation he shall be condemned, Onk. — He shall be punished with a mulct, &c. By the sentence of the judges, Sam. He shall be bound to dammage, &c. And as the judge shall decree, Syr. — The smiter shall owe what the husband shall bind him unto, and let him give it to the utmost or rigour, Ar. Wherein note,

1. The penalty, is a pecuniary mulct for the hurt.

2. The rule of this mulct, which is twofold,

1. Subordinat, so much as the wo∣mans husband shall exact or lay upon him.

2. Supream, and that is the decree of the judges, who must moderate in this case, Ver. 22.

In the next head we have also to consider,

1. The case supposed,* 1.36 But if mischief or death shall be. — If her death shall follow, Vulg. — If the child be formed, Sept. — If she shall dye. Onk. — If death follow. Sam. Ar. and Syr. Herein is supposed,

1. Mischief or death following, in∣definitly expressed in the Hebrew, though some restrain it to the woman.

2. Mischief or death is here supposed, either unto mother or child, for on either it might be.

2. The judgment hereupon delivered, which determin's retaliation in punishment according to the hurt in these instances,

1. Then thou shalt give soul for soul,* 1.37 i. e. life for life, — Dabis paenas, Vat. Syr. — He shall give. Vulg. Sept. Onk. Sam. that is, the judge.

2. Eye for eye, All readings are the same.

3. Tooth for tooth.

4. Hand for hand.

5. Foot for foot, Ver. 24.* 1.38

6. Burning for burning.

7. Wound for wound.

8. Stripe for stripe, Ver. 25.* 1.39

Readings the same, — If death be not upon her he shall be mulct for the fruit of the womb, &c. Jon. B. Uz, Ver. 22. — But if death be upon her, ye shall judge the life of the man-slayer for the life of the wo∣man, the price of an eye for an eye, &c. Jon. B. Uz.

Quest. 1. How is this striking of the woman to be conceived voluntary, or involuntary?

Answer. 1. It is plain it cannot be meant of a pure involuntary hurt, for in that case it was judged before, the smiter was quit from all penalty. 2. Volun∣tary therefore this must be, because it makes obnoxious to penalty, yet not foreintented, but when occasionally such a woman should come to part them, or rescue either party; in such a case, although the man intended not at first to hurt the woman, yet his mind was wicked in striking, and he had no regard to a woman of her con∣dition in his rage; hurt he intended to the man with whom he strove, however it fell upon the woman.

Quest. 2. What is the mischief spoken of supposed not to follow upon the stroke and upon whom?

Answer. 1. The mischief must be death. 2. The subject upon whom it hap∣neth not, mother or child. 3. Other hurt was supposed to follow in abor∣tion, or upon members.

Quest. 3. How and why is this exaction granted to the husband?

Answer. 11. He is the head of his wife

2. He is the father to the child, there∣fore the hurt properly is his; and his right therefore is to demand recom∣pense; yet not according to his will, for the judges or civil Magistrats were to interpose that the judgment might be equall.

Quest. 4. Whose mischief or death is here supposed to follow?

Answer. 1. The mothers death, if she should dye of it, but not onely hers; however some think so. Osiander. 2. The childes death also is here inten∣ded, after which God looketh, that it should be preserved in the womb, as a mans life to be secured in his house; but this fruit of the womb must be supposed actually to have life, as the judgement supposeth, which gives life for life.

Quest. 5. What is the burden of the judgement hereupon?

Answer. The sentence of retaliation, life for life, if mother or child dye, the smiter must dye also; onely by a just proceeding in judgment, and legal tryal and proof according to the law, and that before lawful judges, not common arbitratours.

Quest. 2. Was this retaliation binding in all cases of hurt done?

Answer. No: for 1. There is a mulct of mony that is adjudged in case of a∣bortion without death. 2. Equity was the main thing to be eyed in this law of retaliation, not rigour to the let∣ter. 3. Justice being observed, God hath made this a binding law, and his lawgiving is just; however men can∣not bear it.

Quest. 7. Hath not Christ repealed this law, Matth. 5.39?

Answ. 1. He hath forbidden the cor∣rupt abuse of it by the Pharisees to pri∣vat revenge. 2. He hath not repealed the equity of it to be executed by the judges.

This teacheth us.

• D. 1. Breeding-bearing women are upon Gods heart to provide for their safety in his law.
• D. 2. The life of infants in the womb is dear to God, and secured by his judgments, Ver. 22.
• D. 3. If life from either be wilfully taken away, God requireth it by life, Ver. 23.
• D. 4. God will suffer no man privat∣ly to be their own carvers in judg∣ment.
• D. 5. Retaliation of evils as stated by God is a just recompense to inju∣rious persons.
• D. 6. Privat revenge may be and must be denied, where publick judgment is according to Gods law, Ver. 22.23.24.25.

2. The last case here propounded about indangering mans life by man, is with its judgment given us, Ver. 26.27. Wherein we have,

1. A case proposed in both verses ful∣ly, And if a man smite the eye of his servant,* 1.40 or the eye of his handmaid, and shall perish it: and if he shall strike out the tooth of his manser∣vant, or the tooth of his maidservant, Rea∣dings all to the same sense, onely some va∣rious expressions, as — If he make them blind, Vulg. Sept. Sam. — If he make the tooth to fall out, Onk. Wherein we have supposed,

1. The Masters smiting the eye or tooth of any of his servants, man or maid.

2. The effect of this striking or smi∣ting, the perishing of the eye, and fal∣ling out of the tooth.

2. The judgment hereupon determi∣ned, He shall send him away free for his eye,* 1.41 and again, He shall send him away free for his tooth, Readings the same. — Send them away free. Sept and Vulg. Wherein note,

1. Immunity from servitude is here commanded.

2. Indowment with the priviledges of liberty, to be and live as free men, and free women.

Quest. 1. What kind of Masters and ser∣vants are here meant?

Answ. 1. The Master is supposed to be an Hebrew or a proselyt joined to Is∣rael, who was under the same law. 2. The servants were sons and daugh∣ters of Aliens bought for bond-ser∣vants for mony, but not of the He∣brewes.

Quest. What kind of smiting is this in∣tended?

Answ. 1. Not involuntary as might happen in several cases from the Mas∣ters hand. 2. But it was a voluntary cruel striking without pity or com∣passion to the members of servants.

Quest. 3. What is meant by the event of smiting?

Answ. 1. A totall perishing of the eye, as to the losse of sight. 2. A total losse of a tooth, sound and serviceable, which could not be beaten out but with a very great blow; and this is by a Synechdoche, put for any of the o∣ther members.

Quest. 4. What is carried in the penalty?

Answ, These two things, 1. Losse of

Lordship and dominion to the Master, because he abused it cruelly over his servant. 2. Liberty to the servant as a punishment to the Master, which men account to be a grievous burden.

Quest. 5. Why should not the Master loose eye for eye and tooth for tooth, as before required?

Answ. 1. The judge of proportion thought it not so meet. 2. The qua∣lity of persons may aggravat sin and penalties, or lessen them; as smiting, or reviling parents, so servants delin∣quencies to Lords. It is not so to be measured from parents to children, nor from Masters to servants; God hath set a disproportion between them. 3. The law of retaliation holds among Peers, men and women of like con∣dition; and that too must be under∣stood with many limitations.

Quest. 6. Is this law for penalty still in force?

Answ. 1. The reason is still abiding. 2. The equity of the law is great. 3. Christ reverseth it not.

Observe we from it.

• D. 1. God supposeth the cruel smi∣tings of Masters, but alloweth them not.
• D. 2. God foreseeth the sufferings of poor slaves, and provides in his law against it.
• D. 3. The very eyes and teeth and members of poor servants are dear to God even as their lives are.
• D. 4. The perishing of the least mem∣ber of servants, even of a tooth God will require of superiours, Ver. 26.
• D. 5. God by his law depriveth those men of Lordship, who abuse their power cruelly over servants.
• D. 6. Bond and free are equally con∣sidered by God in his law without respect of persons. He makes the oppressed free, Ver. 26.27.

2. Having thus farre considered the judg∣ments against indangering or hurting the law of man by man, the next provision is to secure the life of man against beasts, which God doth by some special judg∣ments also. Hereabout have we several ca∣ses with their judgments; as,

* 1.421. And if an oxe push with his borns a man or a woman, and he dye, by stoning the oxe shall be stoned, and his flesh shall not be eaten, but the owner of the oxe shall be inno∣cent, Readings agree in sense, onely some read plural, and they die. Vulg. — An oxe or any tame beast, Sam. Herein note,

• 1. The case is supposed, and that in two things.
  • 1. If an oxe with his horns push or gore man or woman.
  • 2. If upon this goring, the man or woman dye; their lives be taken from them.
• 2. The judgment hereupon concer∣ning a double subject.
  • 1. About the oxe, two things are determined,
    • 1. Stoning he shall be stoned un∣to death.
    • 2. Being dead his flesh shall not be eaten, but cast out for carrion,
  • 2. About his owner he shall be in∣nocent.

Quest. 1. Why is the oxe or bull here onely mentioned?

Answer. 1. Not to exclude any other kind by which mans life may be taken away. 2. It by a synecdoche takes in all other beasts, that are under mans command, & are for mans labour-use, such is the oxe, horse, asse, &c.

Quest. 2. Why doth God make lawes concerning beasts which cannot know them?

Answer. 1. It is no law to them but to man about them. 2. It was long be∣fore given by God, Your blood of your lives will I require at the hand of every beast, Gen. 9.5. 3. It is to constrain men unto the exercise of just authority over the beasts, and restrain them from evil.

Quest. 3. Why should the beast suf∣fer seeing it knoweth no law?

Answ. 1. This judgment of God is done in greater wisdom than Atheists who jear it, can pretend unto, Gen. 9.5. 2. And this is not against the beast as a sinner, but as instrumental unto sinners, and not ordered by them, as they ought. 3. This was also to teach the dreadfulnes of mur∣der, and preciousnes of mans life, unto men. 4. Stoning might be more easy to be done.

Quest. 4. Why was not the flesh to be eaten?

Answ. 1. It might be because it was not wholsom, such creatures might be mad or diseased. 2. More pro∣bably it was that such creatures were accursed, and therefore not to be touched or tasted. 3. It was hereby also to punish the owner, who might not sell the flesh.

Quest. 5. In what sense is it that the owner is here pronounced inno∣cent?

Answer. 1. It is to be understood in

case of the ignorance of the beasts qualities. 2. He was herein onely guiltles in point of murder, not to suffer himself. Ver. 28.

We learn here.

• D. 1. Providence may order beasts, as to the taking away mans life, but not allow them.
• D. 2. The life of man is so precious to God, that his law binds men to keep beasts from destroying it.
• D. 3. Gods wisdom and justice pu∣nisheth and curseth instruments of killing men, though unreaso∣nable.
• D. 4. Owners of hurtful beasts, though innocent thorough ignorance, yet are not wholly unpunished, V. 28.

2. The next case about indangering mans life by beasts followeth thus,* 1.43 And if the oxe were a pusher from yesterday, the day before, and it hath bin testified to his owner, and he hath not kept him in, but he hath killed a man or a woman, the oxe shall be stoned, and also the ow∣ner shall dye, Readings all agree, and here∣in we have to consider,

• 1. The case laid down under these con∣ditions.
  • 1. If the oxe had bin wont to push in times past.
  • 2. If this quality of the oxe were no∣tified to the owner.
  • 3. If the owner did not keep it from hurting.
  • 4. If the oxe then kill a man or wo∣man. This is the case.

2. The judgment on the case consisting in two heads,

1. The penalty on the beast. The oxe shall be stoned.

2. The penalty on the beast. The ow∣ner shall be killed. — And before witnes his owner had bin warned three times, &c. — He shall be killed with a death that shall be sent unto him from heaven, Targ. Ben. Uz.

Quest. What meaneth that phrase Yes∣terday? &c.

Answ. 1. It noteth time past indefinit, though it signify yesterday, and the third day. 2. It noteth the iteration of the oxes pushing, not onely done one day, or at one time, but several times or dayes, that he had bin wont to push.

Quest. 2. How was this to be testified to the owner?

Answ. 1. The word testifying, noteth a discovery of this by competent wit∣nesses. 2. It is added by some, three times. 3. It is said by others that it was done before the judges. 4. It is certain that sure notification was to be made to the owner, and sufficient to convince him of the hurtfulnes of the beast.

Quest. 3. What is imported in his not keeping in the oxe?

Answ. 1. The owners carelesnes in re∣straining him, from doing mischief and wilful neglect. 2. His willing∣nes therein to let him loose to do hurt, so that the oxe becomes his in∣strument of killing any one, while he lets him loose.

Quest. 4. What man or woman is sup∣posed to be killed?

Answ. 1. Not onely free men and wo∣men as some thinke. 2. All sorts of mankind, male and female, yong and old, bond and free; for the ser∣vants life was as precious to God as the life of the freest, neither doth the law following about them impede it.

Quest. 5. What is carried in the pe∣nalty?

Answ. 1. The same sentence upon the beast as before, although onely stoning be exprest; killed it must be by sto∣ning, yea and the flesh of it accursed and not be eaten. 2, The sentence on the man also is death, his life must go also for the life of the man, or woman which the oxe had killed, onely with these provisoes.

1. That this sentence be executed by the judges.

2. That it be upon evidence that the owner had full information and knowledge of the beasts hurtfull qualities.

3. That it appear he was wilfully care∣les of keeping his beast from doing mis∣chief, which if they did not appear, the owner was not to dye but to be fined; as afterward.

It teacheth us.

• D. 1. Vseful beasts do somtimes be∣come hurtful to men upon mans sin.
• D. 2. Owners of such, Gods law injoi∣neth to keep them, so much as they can, from doing hurt.
• D. 3. Such as do wilfully neglect the restraining of them, make them their instruments of doing evill.
• D. 4. In such case made evident, Gods law is that such a man must dye by the hand of justice, Ver. 29.

3. The next case is about commuta∣tion of penalty of life for a fine, Ver. 30.31, 32. Wherein we have to note these heads,

1. The judgment upon the case in gene∣ral,* 1.44 If a ransom be laid upon him, then he shall give the price of redemption of his soul, accor∣ding to all which shall be laid upon him, Rea∣dings are to the same sense. Some read — Lay mony, &c. Onk. Syr. Ar. — So much as they shall aske of him, Vulg. Syr. Herein,

1. The case is commutation, If a price of a redemption for his life be laid upon him, that is a summe of mony to save his life.

2. The judgment hereupon, He shall give the price of redeeming his life fully, as it is laid upon him.

Quest. 1. Was it at liberty at all times to require either life or mony?

Answer. Surely no, for 1. If by proof it did appear before the judges, that the owner did fully let loose the beast, there was no commutation. 2. But if by evidence it did appear not wilful, but out of ignorance, or incogitancy, ransom was granted.

Quest. 2. By whom was this ransom-mony to be charged?

Answer. Surely by the judges, such as were appointed by God in other ca∣ses, synedri Israelis. B. Uz. as these did value the slain, more or lesse was the price of redemption made by them. Ver. 30.

2. The judgment upon the case of son or daughter is thus,* 1.45 If he have pushed a son, or if he have pushed a daughter according to this judgment shall it be done unto him. Readings are to the same sense. — He shall lye under the like sentence, Vulg. — A son of Israel, & Vulg. — A boy or a girle. Ar.

1. The case here concerneth relations, if he push or gore a son or a daughter, i. e. unto death.

2. The judgment. It shall be done unto him according to this judgment.

Quest. 1. What son or daughter were these?

Answ. 1. Of the seed of Israel it can∣not be questioned. 2. Not onely these but all who were under these lawes.

Quest. 2. What judgement is this unto which it is referred?

Answer. 1. Doubtles that which the judges should determin. 2. The price of the life of sons & daughters was to be levied by them; some might be of more, and some of lesser value with them; but yet they were to be at an higher rate than servants.

3. The judgment upon the case of ser∣vants followeth,* 1.46 If the oxe have pushed a manservant or a womanservant, he shall give unto his Master 30 shekels of silver, and the oxe shall be stoned, Readings are all to the same sense, jumentum is rendred for bos by Sam. Herein,

• 1. The case is if the oxe or any other beast push or strike a man or woman-servant unto death.
• 2. The judgment hereupon given by the Lord.
  • 1. Upon the owner. That he shall give to the servants Master, 30 shekels of silver.
  • 2. Upon the beast, that it shall be stoned and dealt withall as before mentio∣ned. Ver. 28.

Quest. 1. What kind of servants are meant here?

Answer. 1. Not Hebrewes, which might not be sold for bondmen. 2. Sons and daughters of strangers. read a Canaan-servant, &c. J. Ben. Uz, for these were as to their service their Masters mony.

Quest. 2. Why was a stinted sum set down in this case?

Answ. 1. The will of the supreme judge is the first cause. 2. The state of all bondservants was one and the same, but the state of free men various, of divers degrees, which leaveth their rate arbitrary.

Quest. 3. Why was this to be given to the Master?

Answ. 1. The servant was his Masters mony. 2. The losse of his life was the losse of his service: And God himself ordereth this as just.

Quest. 4. Was this mulct to be for the servants life whether the ow∣ner did know it or no?

Answer. 1. The judgment upon the wil∣ful neglect of the owner is the same for the bond as free. 2. This was in the same case of unwilling hazzard by the owner, as it was for any free person.

Quest. 5. Are these judgments still in force?

Answer. 1. The reason of them is the same and lasting. 2. The equity of them stands in force now, although in all points the execution be not the same.

It instructs us.

• D. 1. Divine justice permits com∣mutation for life for owners, where from their weaknes they destroy the life of any.
• D. 2. The price for redemption of life must be paid by the convicted de∣linquent. Ver. 30.
• D. 3. Lives of sons and daughters are valued by God, when taken away violently by beasts.
• D. 4. According to various states

• the estimat is to be made variously by powers. Ver. 31.
• D. 5. The lives of slaves God wil re∣quire from beasts and men.
• D. 6. Justice orders double penalties to double losses, For life of ser∣vant and losse of service to the Master, the beast must dye, and the owner pay.
• D. 7. Providence hath strongly provided to secure mans life a∣gainst men and beasts.
• D. 8. What the law commands of universal right, the Gospel con∣firms unto the good of men. V. 32.
• D. 9. Thus farre of judgments per∣taining to the sixth moral law. Now follow others.

3. We now proceed to consider a third sort of judgments which referre to the 8^th precept, and tend to secure our neighbours goods, about which we have several cases and judgments propounded, from ver. 33. of this Chapter unto the end of the 5^th verse of the 22^th Chapter, which consists of these two parts,

• 1. Of casualties from ver. 33.36.
• 2. Of wilful wrongs, Chap. 22.1.

The first case we have in the 33 and 34 verses. Wherein also we have to consider,

1. The case itself thus expressed, And if or when a man shall open a pit, & not cover it, & an oxe or an asse fall there, Readings are all to the same sense, onely some read pit, ditch, or well, others adde, — Oxe, asse, or any other beast. Where the case supposeth these events,

• 1. If a man shall open a pit formerly digged.
• 2. If a man shall digge a pit where none was.
• 3. If he shall not cover it when it is made.

If oxe or asse or any beast fall into it. Ver. 33.* 1.47

2. The judgment followeth, The Master of the pit shall pay mony,* 1.48 he shall restore to the owner of it, and the dead beast shall be his. — Readings are to the same sense. — The price of the beast, Vulg. Ar. The judgment consists,

1. In the mulct laid upon the maker of a pit, where note,

1. The subject solvent, the owner of such a pit, he that made it or caused it to be made.

2. The subject to be satisfied or paid, the Master or owner of the beast that fell into the pit▪

3. The price to be paid, in the text, it is noted onely by silver; the act is double, he shall repay, he shall return, and that was doubtles the full price, or worth of the beast that perished.

2. In consideration of the owner of the pit, the judgment is, that the dead beast shall be his after he hath paid the price of it. Ver. 34.

Quest. 1. What kind of pit was this?

Answer. 1. Not any small ditch or pit∣fold, which could not indanger the beast. 2. But a deep pit or well wherein it might perish.

Quest. 2. What place is supposed for this pit?

Answ. 1. Not the wild places or moun∣tains, where it is supposed such cat∣tel came not. 2. The usual places of fodder and pasture, where these beasts go up and down.

Quest. 3. Who is counted the owner of the pit?

Answer. 1. Not every owner of the ground. 2. Not the servant who digs it at his masters command. 3. The maker of it, or whoever causeth it to be made and be left uncovered. This is the owner of the pit liable to this sentence.

Quest. 4. What if a man should fall in and perish?

Answ. 1. This case is not expressely here answeared. 2. Yet if God take care for beasts, doubtles he doth for men. 3. Men have understanding to preserve themselves, and avoid such pits. 4. Yet if it appear that any purposely and wilfully leaveth open such a pit to mischief his neigh∣bour, the judgment is the same as to him that restrained not his oxe from killing a man.

Learn we here.

• D. 1. God would have casual dangers for beasts and men in his judg∣ments to be prevented.
• D. 2. Carelesnes and wilfulnes of men in indangering their neigh∣bours cattel God doth animadvert. Ver. 33.
• D. 3. Just recompence doth God allot for the losse of any beast, by neighbours carelesnes.
• D. 4. Casualty doth not excuse mens carelesnes in exposing neighbours goods to danger.
• D. 5. Just and equal dealings Gods judgment determins between

• ... neighbours, and in casualties to preserve love.
• D. 6. Owners of pits and owners of beasts are determined by Gods judgments in case of offence to each others goods. Ver. 34.

2. The next case about neighbours goods followeth in ver. 35.36. wherein also we have to note a double case, and judgement thereupon.

* 1.491. The former case is thus, And if the oxe of any man shall strike his neighbours oxe and it dye. Readings agree, onely one reads. — Oxe or any other beast that shall smite anothers oxe to death. Here two things are observable,

• 1. If one mans oxe shall strike his neighbours oxe.
• 2. If the oxe smitten by the other do dye.

2. The judgment hereupon given, Then they shall sell the living oxe, and divide the mony of it, and the dead also they shall divide, Readings agree. — The mony of the dead shall they divide, Onk. Syr. In this casualty the judgment consists in two heads.

1. They shall fell the living oxe, and equally divide the price.

2. They shall divide the dead oxe also between them, or the price of the same, as some read, Ver. 35.* 1.50

2. The next case of casualty is this, Or if it were known that the oxe were a pusher yester∣day,* 1.51 the third day, and his owner hath not kept him in, Readings agree. Herein we have,

1. The case proposed under these con∣ditions.

1. If it were known to the owner, that the oxe were wont formerly to push.

2. If then the owner hath not restrai∣ned him, or kept him in from hurting. This is the case.

2. The judgment hereupon, Paying he shall pay oxe for oxe, and the dead shall be his own, Readings here agree. The whole judgment is,

1. That the owner of the pushing oxe or bull shall give that for the oxe that is slain.

2. That the dead oxe shall be his own, in steed of the living, no dividing here, Ver. 36.* 1.52

Quest. 1. What if the oxen were not of equall value?

Answ. 1. Both were to be sold, and then the price equally to be divided. 2. The judgment supposeth both of equal worth. 3. Therefore no division here.

Quest. 2. How was the hurtfulnes of this beast to be known?

Answ. 1. As formerly opened about killing men, it must be testified suf∣ficiently to the owner. 2. So it must be, that the owner may certainly know it, and not plead ignorance.

We conclude.

• D. 1. There may be casual evills by one neighbours beast to another, under providence.
• D. 2. In such cases of providence God will have neighbours bear e∣qual losses. Ver. 35.
• D. 3. Mens carelesnes and wilful neglect of preventing known dan∣gers may be under providence.
• D. 4. In such cases providence doth not excuse mans oscitancy or negli∣gence.
• D. 5. Greater penalties Gods judg∣ment allots unto such as labour not against known casualties of evill.
• D. 6. Gods design is in all judgments that justice and equity should pre∣serve neighbours from mutual wrong. The moral justice in all this is permanent.

Notes

• * 1.1

  Ver. 1.
• * 1.2

  Ver. 2.
• * 1.3

  Ver. 2.
• * 1.4

  Ver. 2.
• * 1.5

  Ver. 3.
• * 1.6

  Ver. 3.
• * 1.7

  Ver. 4.
• * 1.8

  Ver. 5.
• * 1.9

  Ver. 6.
• * 1.10

  Ver. 7.
• * 1.11

  Ver. 8.
• * 1.12

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• * 1.13

  Ver. 8.
• * 1.14

  Ver. 8.
• * 1.15

  Ver. 9.
• * 1.16

  Ver. 10.
• * 1.17

  Ver. 10.
• * 1.18

  Ver. 11.
• * 1.19

  Ver. 11.
• * 1.20

  Ver. 12.
• * 1.21

  Ver. 13.
• * 1.22

  Ver. 14.
• * 1.23

  Ver. 15.
• * 1.24

  Ver. 17.
• * 1.25

  v. 15.17.
• * 1.26

  Ver. 16.
• * 1.27

  Ver. 18.
• * 1.28

  Ver. 19.
• * 1.29

  Ver. 20.
• * 1.30

  Ver. 20.
• * 1.31

  Ver. 21.
• * 1.32

  Ver. 21.
• * 1.33

  Ver. 22.
• * 1.34

  〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉
• * 1.35

  Ver. 22.
• * 1.36

  Ver. 23.
• * 1.37

  Ver. 23.
• * 1.38

  Ver. 24.
• * 1.39

  Ver. 25.
• * 1.40

  Ver. 26.
• * 1.41

  Ver. 27.
• * 1.42

  Ver. 23.
• * 1.43

  Ver. 29.
• * 1.44

  Ver. 30.
• * 1.45

  Ver. 31.
• * 1.46

  Ver. 22.
• * 1.47

  Ver. 33.
• * 1.48

  Ver. 34,
• * 1.49

  Ver. 35.
• * 1.50

  Ver. 35.
• * 1.51

  Ver. 36.
• * 1.52

  Ver. 36.