Deuteronomy 19 commentary

Here is the law settled between the blood of the murdered, and the blood of the murderer; provision is made, that the cities of refuge should be a protection, so that a man should not die for that as a crime, which was not his willing act. In Christ, the Lord our Righteousness, refuge is provided for those who by faith flee unto him. But there is no refuge in Jesus Christ for presumptuous sinners, who go on still in their trespasses. Those who flee to Christ from their sins, shall be safe in him, but not those who expect to be sheltered by him in their sins.

Direction is given to fix landmarks in Canaan. It is the will of God that every one should know his own; and that means should be used to hinder the doing and suffering of wrong. This, without doubt, is a moral precept, and still binding. Let every man be content with his own lot, and be just to his neighbours in all things.

Sentence should never be passed upon the testimony of one witness alone. A false witness should suffer the same punishment which he sought to have inflicted upon the person he accused. Nor could any law be more just. Let all Christians not only be cautious in bearing witness in public, but be careful not to join in private slanders; and let all whose consciences accuse them of crime, without delay flee for refuge to the hope set before them in Jesus Christ.

1. When the Lord thy God hath cut off the nations. Moses repeats the same precepts which we have just been considering, that, in regard to murders, the people should distinguish between inadvertency and crime. With this view, he assigns six cities, wherein those who have proved their innocence before the judges should rest in peace and concealment. In one word, however, he defines who is to be exempt from punishment, viz., he who has killed his neighbor ignorantly, as we have previously seen; and this is just, because the will is the sole source and cause of criminality, and therefore, where there is no malicious feeling, there is no crime. But, lest under the pretext of inadvertency those who are actually guilty should escape, a mark of distinction is added, i.e., that no hatred should have preceded; and of this an instance is given, if two friends should have gone out together into a wood, and, without any quarrel or wrangling, the head of the axe should slip out of the hand of one of them, and strike the other. God, therefore, justly commands that the motive of the crime should be investigated, and shows how it is to be ascertained, viz., if there had been any previous animosity, or if any contention should have arisen. For it is incredible that any one should be so wicked as gratuitously to rush into so abominable a sin. It must be observed, however, that there was no room for this conjecture, except in a doubtful matter; for if any should stab his neighbor with a drawn sword, or should hurl a dart into his bosom, the inquiry would be superfluous, because the guilty intention would be abundantly manifest.

The Seventh Commandment

Exodus 20

Exodus 20:14

14. Thou shalt not commit adultery.

14. Non committes adulterium.

THE REPETITION OF THE COMMANDMENT

Deuteronomy 5

Deuteronomy 5:18

18. Neither shalt thou commit adultery.

18. Non committes adulterium.

A kind of theft is here condemned which is severely punished by the laws of Rome; “In the digests there is a vague law, de termino moto, Digestor. Lib. 47. tit. 21, on which Calmer remarks, that, though the Romans had no determined punishment for those who removed the ancient land-marks, yet, if slaves were found to have done it with an evil design, they were put to death; that persons of quality were sometimes exiled when found, guilty; and that others were sentenced to primary fines, or corporal punishment. — Adam Clarke, in loco. for that every one’s property may be secure, it is necessary that the land-marks set up for the division of fields should remain untouched, as if they were sacred. He who fraudulently removes a landmark is already convicted by this very act, because he disturbs the lawful owner in his quiet possession of the land; “Est desia assez convaincu par ce seul acte d’avoir voulu debouter le possesseur de son champ;” is already sufficiently convicted by this act alone of having wished to deprive the possessor of his land. — Fr. whilst he who advances further the boundaries of his own land to his neighbor’s loss, doubles the crime by the deceptive concealment of his theft. Whence also we gather that not only are those thieves, who actually carry away their neighbor’s property, who take his money out of his chest, or who pillage his cellars and granaries, but also those who unjustly possess themselves of his land.

Exodus 22

Exodus 22:26, 27

26. If thou at all take thy neighbor’s raiment to pledge, thou shalt deliver it unto him by that the sun goeth down:

26. Si in pignus acceperis vestimentum proximi tui, antequam occubuerit sol restitues illud ei.

27. For that is his covering only; it is his raiment for his skin: wherein shall he sleep? and it shall come to pass, when he crieth unto me, that I will hear; for I am gracious.

27. Quia ipsum solum est operimentum ejus, illud vestimentum ejus est cuti suae in quo dormiat, et erit quum clamaverit ad me, tunc exaudiam: sum enim misericors.

Deuteronomy 24

Deuteronomy 24:6, 10-13, 17, 18

6. No man shall take the nether or the upper millstone to pledge: for he taketh a man’s life to pledge.

6. Non accipiet quisquam pro pignore metam et catillum, quia animam ipse acciperet pro pignore.

10. When thou dost lend thy brother any thing, thou shalt not go into his house to fetch his pledge.

10. Quum mutuabis proximo tuo aliquid mutuum, non ingredieris domum ejus ut capias pignus ejus.

11. Thou shalt stand abroad, and the man to whom thou dost lend shall bring out the pledge abroad unto thee.

11. Foris subsistes, et vir cui mutuabis afferet ad te pignus foras.

12. And if the man be poor, thou shalt not sleep with his pledge.

12. Quod si vir pauper fuerit, non dormies cum pignore ejus.

13. In any case thou shalt deliver him the pledge again when the sun goeth down, that he may sleep in his own raiment, and bless thee: and it shall be righteousness unto thee before the Lord thy God.

13. Restituendo ei restitues pignus dum sol occumbit: ut dormiat in vestimento suo, et benedicat tibi: eritque tibi in justitiam coram Jehova Deo tuo.

17. Thou shalt not pervert the judgment of the stranger, nor of the fatherless, nor take a widow’s raiment to pledge:

17. Non pervertes judicium pupilli et peregrini, non capies in pignus vestimentum viduae.

18. But thou shalt remember that thou wast a bond-man in Egypt, and the Lord thy God redeemed thee thence: therefore I command thee to do this thing.

18. Recordare quod servus fueris in AEgypto, et redemerit te Jehova Deus tuus inde: idcirco praecipio tibi ut hoc facias.

16. If a false witness rise up against any man. Because the fear of God does not so prevail in all men, as that they should voluntarily abstain from the love of slander, God here appoints the punishment to be inflicted for perjury: for political laws are enacted against the ungodly and disobedient, in order that those who despise God’s judgment should be brought before the tribunal of men. Although perjury is not here ordained to be tried before the judges, unless there should be an accuser, who should complain that he had been unjustly injured by false-witness, still reason dictates, that if any man have been condemned to death by false-witnesses, the judges should not hesitate to make an official inquiry into the matter. Yet, inasmuch as men are generally disposed to assert their own innocence, God has deemed it sufficient to put the case, that if any complaint should be lodged, the judges should diligently investigate it, and if the crime be proved, should inflict the punishment of retaliation (talionis.) Whence it appears that false-witnesses and murderers stand in the same light before God. By commanding that the inquiry should be made not only by the judges, but also by the priests, as if God Himself were present, He shews that He requires unusual diligence to be used; because a secret crime is not easily detected without the most anxious care.

Tenth Commandment

Exodus 20

Exodus 20:17

17. Thou shalt not covet thy neighbor’s house, thou shalt not covet thy neighbor’s wife, nor his man-servant, nor his maid-servant, nor his ox, nor his ass, nor any thing that is thy neighbor’s.

17. Non concupisces domum proximi tui, non concupisces uxorem proximi tui, neque servum ejus, neque ancillam ejus, neque bovem ejus, neque asinum ejus, neque quicquam eorum quae sunt proximi tui.

ITS REPETITION

Deuteronomy 5

Deuteronomy 5:21

21. Neither shalt thou desire thy neighbor’s wife, neither shalt thou covet thy neighbor’s house, his field, or his man-servant, or his maid-servant, his ox, or his ass, or any thing that is thy neighbor’s.

21. Neque concupisces uxorem proximi tui, neque concupisces domum proximi tui, agrum ejus, aut servum ejus, aut ancillam ejus, bovem ejus, aut asinum ejus: neque quicquam eorum quae sunt proximo tuo.

CHAPTER 19

De 19:1-13. Of the Cities of Refuge.

2. Thou shalt separate three cities for thee in the midst of thy land--Goelism, or the duty of the nearest kinsmen to avenge the death of a slaughtered relative, being the customary law of that age (as it still is among the Arabs and other people of the East), Moses incorporated it in an improved form with his legislative code. For the protection of the unintentional homicide, he provided certain cities of refuge--three had been destined for this purpose on the east of Jordan (De 4:41; Nu 35:11); three were to be invested with the same privilege on the west of that river when Canaan should be conquered.

in the midst of thy land--in such a position that they would be conspicuous and accessible, and equidistant from the extremities of the land and from each other.

3. Thou shalt prepare thee a way--The roads leading to them were to be kept in good condition and the brooks or rivers to be spanned by good bridges; the width of the roads was to be thirty-two cubits; and at all the crossroads signposts were to be erected with the words, Mekeleth, Mekeleth, "refuge, refuge," painted on them.

divide the coasts of thy land ... into three parts--the whole extent of the country from the south to the north. The three cities on each side of Jordan were opposite to each other, "as two rows of vines in a vineyard" (see on Jos 20:7).

6-7. Lest the avenger of the blood pursue the slayer, while his heart is hot--This verse is a continuation of De 19:3 (for De 19:4, 5, which are explanatory, are in a parenthetical form), and the meaning is that if the kinsman of a person inadvertently killed should, under the impulse of sudden excitement and without inquiring into the circumstances, inflict summary vengeance on the homicide, however guiltless, the law tolerated such an act; it was to pass with impunity. But to prevent such precipitate measures, the cities of refuge were established for the reception of the homicide, that "innocent blood might not be shed in thy land" (De 19:10). In the case of premeditated murder (De 19:11, 12), they afforded no immunity; but, if it were only manslaughter, the moment the fugitive was within the gates, he found himself in a safe asylum (Nu 35:26-28; Jos 20:6).

8-9. And if the Lord thy God enlarge thy coast--Three additional sanctuaries were to be established in the event of their territory extending over the country from Hermon and Gilead to the Euphrates (see Ge 15:18; Ex 23:31). But it was obscurely hinted that this last provision would never be carried into effect, as the Israelites would not fulfil the conditions, namely, "that of keeping the commandments, to love the Lord, and walk ever in his ways." In point of fact, although that region was brought into subjection by David and Solomon, we do not find that cities of refuge were established; because those sovereigns only made the ancient inhabitants tributary, instead of sending a colony of Israelites to possess it. The privilege of sanctuary cities, however, was given only for Israelites; and besides, that conquered territory did not remain long under the power of the Hebrew kings.

De 19:14. The Landmark Is Not to Be Removed.

14. Thou shalt not remove thy neighbour's landmark, which they of old have set in thine inheritance--The state of Palestine in regard to enclosures is very much the same now as it has always been. Though gardens and vineyards are surrounded by dry-stone walls or hedges of prickly pear, the boundaries of arable fields are marked by nothing but by a little trench, a small cairn, or a single erect stone, placed at certain intervals. It is manifest that a dishonest person could easily fill the gutter with earth, or remove these stones a few feet without much risk of detection and so enlarge his own field by a stealthy encroachment on his neighbor's. This law, then, was made to prevent such trespasses.

De 19:15. Two Witnesses Required.

15. One witness shall not rise up against a man for any iniquity--The following rules to regulate the admission of testimony in public courts are founded on the principles of natural justice. A single witness shall not be admitted to the condemnation of an accused person.

De 19:16-21. Punishment of a False Witness.

16-21. But if convicted of perjury, it will be sufficient for his own condemnation, and his punishment shall be exactly the same as would have overtaken the object of his malignant prosecution. (See on Ex 21:23; see also Le 24:20).

Thou shalt separate three cities - See on Num 35:11 (note), etc.

Thou shalt prepare thee a way - The Jews inform us that the roads to the cities of refuge were made very broad, thirty-two cubits; and even, so that there should be no impediments in the way; and were constantly kept in good repair.

Shalt thou add three cities more - This was afterwards found necessary, and accordingly six cities were appointed, three on either side Jordan. See Jos 21:1-3, etc. In imitation of these cities of refuge the heathens had their asyla, and the Catholics their privileged altars. See Exo 21:13 (note), Exo 21:14 (note), and Num 35:11 (note), etc.

If any man hate his neighbor - See on Exo 21:13 (note).

Thou shalt not remove thy neighbor's landmark - Before the extensive use of fences, landed property was marked out by stones or posts, set up so as to ascertain the divisions of family estates. It was easy to remove one of these landmarks, and set it in a different place; and thus the dishonest man enlarged his own estate by contracting that of his neighbor. The termini or landmarks among the Romans were held very sacred, and were at last deified.

To these termini Numa Pompillus commanded offerings of broth, cakes, and firstfruits, to be made. And Ovid informs us that it was customary to sacrifice a lamb to them, and sprinkle them with its blood: -

Spargitur et caeso communis terminus agno.

Fast. lib. ii., ver. 655.

And from Tibullus it appears that they sometimes adorned them with flowers and garlands: -

Nam veneror, seu stipes habet desertus inagris,

Seu vetus in trivio florida serta lap is.

Eleg. lib. i., E. i., ver. 11. "Revere each antique stone bedeck'd with flowers,

That bounds the field, or points the doubtful way."

Grainger.

It appears from Juvenal that annual oblations were made to them: - - Convallem ruris aviti

Improbus, aut campum mihi si vicinus ademit,

Aut sacrum effodit medio de limite saxum,

Quod mea cum vetulo colult puls annua libo.

Sat. xvi., ver. 36. "If any rogue vexatious suits advance

Against me for my known inheritance,

Enter by violence my fruitful grounds,

Or take the sacred landmark from my bounds,

Those bounds which, with procession and with prayer

And offer'd cakes, have been my annual care."

Dryden.

In the digests there is a vague law, de termino moto, Digestor. lib. xlvii., Tit. 21, on which Calmet remarks that though the Romans had no determined punishment for those who removed the ancient landmarks; yet if slaves were found to have done it with an evil design, they were put to death; that persons of quality were sometimes exiled when found guilty; and that others were sentenced to pecuniary fines, or corporal punishment.

One witness shall not rise up, etc. - See Num 35:30 (note).

Then shall ye do unto him as he had thought to have done unto his brother - Nothing can be more equitable or proper than this, that if a man endeavor to do any injury to or take away the life of another, on detection he shall be caused to undergo the same evil which he intended for his innocent neighbor.

Some of our excellent English laws have been made on this very ground. In the 37th of Edw. III., chap. 18, it is ordained that all those who make suggestion shall incur the same pain which the other should have had, if he were attainted, in case his suggestions be found evil. A similar law was made in the 38th of the same reign, chap. 9. By a law of the twelve Tables, a false witness was thrown down the Tarpeian rock. In short, false witnesses have been execrated by all nations.

Life - for life, eye for eye, etc. - The operation of such a law as this must have been very salutary: if a man prized his own members, he would naturally avoid injuring those of others. It is a pity that this law were not still in force: it would certainly prevent many of those savage acts which now both disgrace and injure society. I speak this in reference to law generally, and the provision that should be made to prevent and punish ferocious and malevolent offenses. A Christian may always act on the plan of forgiving injuries; and where the public peace and safety may not be affected, he should do so; but if law did not make a provision for the safety of the community by enactment against the profligate, civil society would soon be destroyed.

In the midst of the land - Namely, beyond Jordan, as there were three already appointed on this side Jordan: In the midst of the several parts of their land, to which they might speedily flee from all the parts of the land.

Prepare thee a way - Distinguish it by evident marks, and make it plain and convenient, to prevent mistakes and delays.

Enlarge thy coast - As far as Euphrates.

If thou shalt keep all these commandments - But the Jewish writers themselves own, that the condition not being performed, the promise of enlarging their coast was not fulfilled, so that there was no need for three more cities of refuge. Yet the holy, blessed God, say they, did not command it in vain, for in the day's of Messiah the Prince, they shall be added. They expect it in the letter: but we know, it has in Christ its spiritual accomplishment. For the borders of the Gospel - Israel are inlarged according to the promise: and in the Lord our righteousness, refuge is provided for all that by faith fly to him.

Rise - Or be established, accepted, owned as sufficient: it is the same word which in the end of the verse is rendered, be established.

A safe witness - A single witness, though he speak truth, is not to be accepted for the condemnation of another man, but if he be convicted of false witness, this is sufficient for his own condemnation.

Eye for eye - What punishment the law allotted to the accused, if he had been convicted, the same shall the false accuser bear.

2 Thou shalt separate three cities for thee in the midst of thy land , which the LORD thy God giveth thee to possess it.

To wit, beyond Iordan, as there were three already appointed on this side Iordan, Numb. 35. 14. He saith, in the midst of the land, either for, in the land, as in the midst of the city, Ier. 52. 25. is the same with that, in the city; 2 King. 25. 19. or to design the places, that they should be scituated in the midst of the several parts of their land, to which they might conveniently and speedily flee from all the parts of the land.

Marginal references: Exod. 21. 13. Num. 35. 10. 11. Josh. 20. 2.

3 Thou shalt prepare thee a way , and divide the coasts of thy land (which the LORD thy God giveth thee to inherit) into three parts , that every slayer may flee thither.

Distinguish it by evident marks, and make it plain and convenient, to prevent mistakes and delays.

Not into more, because it was fit that these places should, as far as it was possible, be at some considerable distance from the friends of the slain person, least the sight of the manslayer might have provoked their passion and occasioned his ruine.

6 Lest the avenger of blood pursue the slayer , while his heart is hot, and overtake him, because the way is long, and slay him , whereas he was not worthy of death, inasmuch as he hated him not in time past.

This verse is to be joyned with ver. 3. as is evident, the 4th. and 5th. verses, coming in as a parenthesis, which is usual, in Scripture and other authors.

Which is supposed, but not allowed, as appears from the following words. But the avenger of blood is not to be punished with death for killing the manslayer in case he found him without the borders of the city of refuge after he had been received there, Numb. 35. 26, 27. because then he was guilty of a new crime, to wit, a contempt of Gods ordinance, and a gross neglect of the duty of self-preservation, and therefore deserved death from God, who might permit it to be inflicted by the avenger of blood.

Marginal references: Heb. [illegible: 1 word] him in [illegible: 1 word] ▪; Heb. [illegible: 1 word] [illegible: 1 word] ▪

8 And if the LORD thy God enlarge thy coast (as he hath sworn unto thy fathers) and give thee all the land which he promised to give unto thy fathers:

As far as Euphrates. See Gen. 15. 18. Exod. 23. 31. Deut. 1. 7.

Marginal references: chap. 1[illegible: 1+ letters]. [illegible: 1 word]

12 Then the elders of his city shall send, and fetch him thence , and deliver him into the hand of the avenger of blood, that he may die.

Either of the slain person, who were most likely to prosecute the murderer: or, of the murderer, because God would oblige even his own fellow citizens to prosecute him to death, that it might appear how hateful murder and the murderer is to God and ought to be to all men.

Demand him of the Elders of the city of refuge, who upon the hearing of the cause and the evidence of the murder were obliged to deliver the offender to justice.

14 Thou shalt not remove thy neighbours land-mark , which they of old time have set in thine inheritance, which thou shalt inherit, in the land that the LORD thy God giveth thee to possess it.

By which the several portions of lands distributed to several families were distinguished one from another. See Iob 24. 2. Prov. 22. 28. Hos. 5. 10.

Marginal references: chap. [illegible: 1 word]. [illegible: 1 word]; Heb. [illegible: 1 word].

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.

Or, not stand, or, not be established, accepted, owned as sufficient, it is the same word which in the end of the verse is rendred, be established.

Marginal references: N[illegible: 1+ letters]m. 35. [illegible: 1 word] chap. 17. [illegible: 1+ letters]. Mat. 18. 1[illegible: 1+ letters]. Joh. 8. 17. 2 Cor. 13. [illegible: 1+ letters]. Heb. 10. [illegible: 1 word].

16 If a false witness rise up against any man to testifie against him that which is wrong:

A single witness, though he speak truth, is not to be accepted for the condemnation of another man, but if he be convicted of false witness, this is sufficient for his own condemnation.

Marginal references: Or▪ [illegible: 1 word] [illegible: 1 word].

17 Then both the men between whom the controversie is, shall stand before the LORD, before the priests, and the judges , which shall be in those dayes:

See on Deut. 17. 9, 12. and observe that the controversies both here and there referred to and to be determined by the Priests and Judges, are onely between man and man, and not doctrines of faith and manners, as the Papists for their own advantage pretend.

20 And those which remain shall hear and fear, and shall henceforth commit no more any such evil among you.

(i. e.) The rest of the people. See Deut. 13. 11. and 17. 13.

21 And thine eye shall not pity, but life shall go for life, eye for eye , tooth for tooth, hand for hand, foot for foot.

What punishment he intended or the law allotted to the accused, if he had been convicted, the same shall the false accuser hear. Of this law see on Exod. 21. 24. Lev. 24. 20.

Marginal references: Exod. 21. 23. Lev. 24. 20. Mat. 5. 38.

Deu 19:1-9

As Moses had already set apart the cities of refuge for the land on the east of the Jordan (Deu 4:41.), he is speaking here simply of the land on the west, which Israel was to take possession of before long; and supplements the instructions in Num 35:14, with directions to maintain the roads to the cities of refuge which were to be set apart in Canaan itself, and to divide the land into three parts, viz., for the purpose of setting apart these cities, so that one city might be chosen for the purpose in every third of the land. For further remarks on this point, as well as with regard to the use of these cities (Deu 19:4-7), see at Num 35:11. - In Deu 19:8-10 there follow the fresh instructions, that if the Lord should extend the borders of Israel, according to His promise given to the patriarchs, and should give them the whole land from the Nile to the Euphrates, according to Gen 15:18, they were to add three other cities of refuge to these three, for the purpose of preventing the shedding of innocent blood. The three new cities of refuge cannot be the three appointed in Num 35:14 for the land on this side of the Jordan, nor the three mentioned in Num 35:7 on the other side of Jordan, as Knobel and others suppose. Nor can we adopt Hengstenberg’s view, that the three new ones are the same as the three mentioned in Deu 19:2 and Deu 19:7, since they are expressly distinguished from “these three.” The meaning is altogether a different one. The circumstances supposed by Moses never existed, since the Israelites did not fulfil the conditions laid down in Deu 19:9, viz., that they should keep the law faithfully, and love the Lord their God (cf. Deu 4:6; Deu 6:5, etc.). The extension of the power of Israel to the Euphrates under David and Solomon, did not bring the land as far as this river into their actual possession, since the conquered kingdoms of Aram were still inhabited by the Aramaeans, who, though conquered, were only rendered tributary. And the Tyrians and Phoenicians, who belonged to the Canaanitish population, were not even attacked by David.

Deu 19:10

Innocent blood would be shed if the unintentional manslayer was not protected against the avenger of blood, by the erection of cities of refuge in every part of the land. If Israel neglected this duty, it would bring blood-guiltiness upon itself (“and so blood be upon thee”), because it had not done what was requisite to prevent the shedding of innocent blood.

Deu 19:11-13

But whatever care was to be taken by means of free cities to prevent the shedding of blood, the cities of refuge were not to be asyla for criminals who were deserving of death, nor to afford protection to those who had slain a neighbour out of hatred. If such murderers should flee to the free city, the elders (magistrates) of his own town were to fetch him out, and deliver him up to the avenger of blood, that he might die. The law laid down in Num 35:16-21 is here still more minutely defined; but this does not transfer to the elders the duty of instituting a judicial inquiry, and deciding the matter, as Riehm follows Vater and De Wette in maintaining, for the purpose of proving that there is a discrepancy between Deuteronomy and the previous legislation. They are simply commanded to perform the duty devolving upon them as magistrates and administrators of local affairs. (On Deu 19:13, see Deu 8:8 and Deu 8:5.)

Deu 19:14

The prohibition against Removing a Neighbour’s Landmark, which his ancestors had placed, is inserted here, not because landmarks were of special importance in relation to the free cities, and the removal of them might possibly be fatal to the unintentional manslayer (as Clericus and Rosenmüller assume), for the general terms of the prohibition are at variance with this, viz., “thy neighbour’s landmark,” and “in thine inheritance which thou shalt inherit in the land;” but on account of the close connection in which a man’s possession as the means of his support stood to the life of the man himself, “because property by which life is supported participates in the sacredness of life itself, just as in Deu 20:19-20, sparing the fruit-trees is mentioned in connection with the men who were to be spared” (Schultz). A curse was to be pronounced upon the remover of landmarks, according to Deu 27:17, just as upon one who cursed his father, who led a blind man astray, or perverted the rights of orphans and widows (cf. Hos 5:10; Pro 22:28; Pro 23:10). Landmarks were regarded as sacred among other nations also; by the Romans, for example, they were held to be so sacred, that whoever removed them was to be put to death.

Deu 19:15-16

The Punishment of a False Witness. - To secure life and property against false accusations, Moses lays down the law in Deu 19:15, that one witness only was not “to rise up against any one with reference to any crime or sin, with every sin that one commits” (i.e., to appear before a court of justice, or be accepted as sufficient), but everything was to be established upon the testimony of two or three witnesses. The rule laid down in Deu 17:6 and Num 35:30 for capital crimes, is raised hereby into a law of general application (see at Num 35:30). קוּם (in Deu 19:15), to stand, i.e., to acquire legal force. - But as it was not always possible to bring forward two or three witnesses, and the statement of one witness could not well be disregarded, in Deu 19:16-18 Moses refers accusations of this kind to the higher tribunal at the sanctuary for investigation and decision, and appoints the same punishment for a false witness, which would have fallen upon the person accused, if he had been convicted of the crime with which he was charged. סרה בּו לענות, “to testify against his departure,” sc., from the law of God, not merely falling away into idolatry (Deu 13:6), but any kind of crime, as we may gather from Deu 19:19, which would be visited with capital punishment.

Deu 19:17-20

The two men between whom the dispute lay, the accused and the witness, were to come before Jehovah, viz., before the priests and judges who should be in those days - namely, at the place of the sanctuary, where Jehovah dwelt among His people (cf. Deu 17:9), and not before the local courts, as Knobel supposes. These judges were to investigate the case most thoroughly (cf. Deu 13:15); and if the witness had spoken lies, they were to do to him as he thought to do to his brother. The words from “behold” to “his brother” are parenthetical circumstantial clauses: “And, behold, is the witness a false witness, has he spoken a lie against his brother? Ye shall do,” etc. זמם, generally to meditate evil. On Deu 19:20, see Deu 13:12.

Deu 19:21

The lex talionis was to be applied without reserve (see at Exo 21:23; Lev 24:20). According to Diod. Sic. (i. 77), the same law existed in Egypt with reference to false accusers.

The Cities of Refuge. (b. c. 1451.)

1 When the Lord thy God hath cut off the nations, whose land the Lord thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses; 2 Thou shalt separate three cities for thee in the midst of thy land, which the Lord thy God giveth thee to possess it. 3 Thou shalt prepare thee a way, and divide the coasts of thy land, which the Lord thy God giveth thee to inherit, into three parts, that every slayer may flee thither. 4 And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time past; 5 As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities, and live: 6 Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past. 7 Wherefore I command thee, saying, Thou shalt separate three cities for thee. 8 And if the Lord thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers; 9 If thou shalt keep all these commandments to do them, which I command thee this day, to love the Lord thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three: 10 That innocent blood be not shed in thy land, which the Lord thy God giveth thee for an inheritance, and so blood be upon thee. 11 But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities: 12 Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die. 13 Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.

It was one of the precepts given to the sons of Noah that whoso sheddeth man's blood by man shall his blood be shed, that is, by the avenger of blood, Gen. ix. 6. Now here we have the law settled between blood and blood, between the blood of the murdered and the blood of the murderer, and effectual provision made,

I. That the cities of refuge should be a protection to him that slew another casually, so that he should not die for that as a crime which was not his voluntary act, but only his unhappiness. The appointment of these cities of refuge we had before (Exod. xxi. 13), and the law laid down concerning them at large, Num. xxxv. 10, &c. It is here repeated, and direction is given concerning three things:—

1. The appointing of three cities in Canaan for this purpose. Moses had already appointed three on that side Jordan which he saw the conquest of; and now he bids them, when they should be settled in the other part of the country, to appoint three more, v. 1-3, 7. The country was to be divided into three districts, as near by as might be equal, and a city of refuge in the centre of each so that every corner of the land might have one within reach. Thus Christ is not a refuge at a distance, which we must ascend to heaven or go down to the deep for, but the word is nigh us, and Christ in the word, Rom. x. 8. The gospel brings salvation to our door, and there it knocks for admission. To make the flight of the delinquent the more easy, the way must be prepared that led to the city of refuge. Probably they had causeways or street-ways leading to those cities, and the Jews say that the magistrates of Israel, upon one certain day in the year, sent out messengers to see that those roads were in good repair, and they were to remove stumbling-blocks, mend bridges that were broken, and, where two ways met, they were to set up a Mercurial post, with a finger to point the right way, on which was engraven in great letters, Miklat, Miklat—Refuge, Refuge. In allusion to this, gospel ministers are to show people the way to Christ, and to assist and direct them in flying by faith to him for refuge. They must be ready to remove their prejudices, and help them over their difficulties. And, blessed be God, the way of holiness, to all that seek it faithfully, is a highway so plain that the wayfaring men, though fools, shall not err therein.

2. The use to be made of these cities, v. 4-6. (1.) It is supposed that it might so happen that a man might be the death of his neighbour without any design upon him either from a sudden passion or malice prepense, but purely by accident, as by the flying off of an axe-head, which is the instance here given, with which every case of this kind was to be compared, and by it adjudged. See how human life lies exposed daily, and what deaths we are often in, and what need therefore we have to be always ready, our souls being continually in our hands. How are the sons of men snared in an evil time, when it falls suddenly upon them! Eccl. ix. 12. An evil time indeed it is when this happens not only to the slain but to the slayer. (2.) It is supposed that the relations of the person slain would be forward to avenge the blood, in affection to their friend and in zeal for public justice. Though the law did not allow the avenging of any other affront or injury with death, yet the avenger of blood, the blood of a relation, shall have great allowances made for the heat of his heart upon such a provocation as that, and his killing only, should not be accounted murder if he did it before he got to the city of refuge, though it is owned he was not worthy of death. Thus would God possess people with a great horror and dread of the sin of murder: if mere chance-medley did thus expose a man, surely he that wilfully does violence to the blood of any person, whether from an old grudge or upon a sudden provocation, must flee to the pit, and let no man stay him (Prov. xxviii. 17); yet the New Testament represents the sin of murder as more heinous and more dangerous than even this law does. 1 John iii. 15, You know that no murderer has eternal life abiding in him. (3.) It is provided that, if an avenger of blood should be so unreasonable as to demand satisfaction for blood shed by accident only, then the city of refuge should protect the slayer. Sins of ignorance indeed do expose us to the wrath of God, but there is relief provided, if by faith and repentance we make use of it. Paul that had been a persecutor obtained mercy, because he did it ignorantly; and Christ prayed for his crucifiers, Father, forgive them, for they know not what they do.

3. The appointing of three cities more for this use in case God should hereafter enlarge their territories and the dominion of their religion, that all those places which came under the government of the law of Moses in other instances might enjoy the benefit of that law in this instance, v. 8-10. Here is, (1.) An intimation of God's gracious intention to enlarge their coast, as he had promised to their fathers, if they did not by their disobedience forfeit the promise, the condition of which is here carefully repeated, that, if it were not performed, the reproach might lie upon them, and not on God. He promised to give it, if thou shalt keep all these commandments; not otherwise. (2.) A direction to them to appoint three cities more in their new conquests, which, the number intimates, should be as large as their first conquests were; wherever the border of Israel went this privilege must attend it, that innocent blood be not shed, v. 10. Though God is the saviour and preserver of all men, and has a tender regard to all lives, yet the blood of Israelites is in a particular manner precious to him, Ps. lxxii. 14. The learned Ainsworth observes that the Jewish writers themselves own that, the condition not being performed, the promise of the enlarging of their coast was never fulfilled; so that there was no occasion for ever adding these three cities of refuge; yet the holy blessed God (say they) did not command it in vain, for in the days of Messiah the prince three other cities shall be added to these six: they expect it to be fulfilled in the letter, but we know that in Christ it has its spiritual accomplishment, for the borders of the gospel Israel are enlarged according to the promise, and in Christ, the Lord our righteousness, refuge is provided for those that by faith flee to him.

II. It is provided that the cities of refuge should be no sanctuary or shelter to a wilful murderer, but even thence he should be fetched, and delivered to the avenger of blood, v. 11-13. 1. This shows that wilful murder must never be protected by the civil magistrate; he bears the sword of justice in vain if he suffers those to escape the edge of it that lie under the guilt of blood, which he by office is the avenger of. During the dominion of the papacy in our own land, before the Reformation, there were some churches and religious houses (as they called them) that were made sanctuaries for the protection of all sorts of criminals that fled to them, wilful murderers not excepted, so that (as Stamford says, in his Pleas of the Crown, lib. II. c. xxxviii.) the government follows not Moses but Romulus, and it was not till about the latter end of Henry VIII's time that this privilege of sanctuary for wilful murder was taken away, when in that, as in other cases, the word of God came to be regarded more than the dictates of the see of Rome. And some have thought it would be a completing of that instance of reformation if the benefit of clergy were taken away for man-slaughter, that is, the killing of a man upon a small provocation, since this law allowed refuge only in case of that which our law calls chance-medley. 2. It may be alluded to to show that in Jesus Christ there is no refuge for presumptuous sinners, that go on still in their trespasses. If we thus sin wilfully, sin and go on in it, there remains no sacrifice, Heb. x. 26. Those that flee to Christ from their sins shall be safe in him, but not those that expect to be sheltered by him in their sins. Salvation itself cannot save such: divine justice will fetch them even from the city of refuge, the protection of which they are not entitled to.

False Witnesses. (b. c. 1451.)

14 Thou shalt not remove thy neighbour's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the Lord thy God giveth thee to possess it. 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. 16 If a false witness rise up against any man to testify against him that which is wrong; 17 Then both the men, between whom the controversy is, shall stand before the Lord , before the priests and the judges, which shall be in those days; 18 And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; 19 Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you. 20 And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you. 21 And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

Here is a statute for the preventing of frauds and perjuries; for the divine law takes care of men's rights and properties, and has made a hedge about them. Such a friend is it to human society and men's civil interest.

I. A law against frauds, v. 14. 1. Here is an implicit direction given to the first planters of Canaan to fix land-marks, according to the distribution of the land to the several tribes and families by lot. Note, It is the will of God that every one should know his own, and that all good means should be used to prevent encroachments and the doing and suffering of wrong. When right is settled, care must be taken that it be not afterwards unsettled, and that, if possible, no occasion of dispute may arise. 2. An express law to posterity not to remove those land-marks which were thus fixed at first, by which a man secretly got that to himself which was his neighbour's. This, without doubt, is a moral precept, and still binding, and to us it forbids, (1.) The invading of any man's right, and taking to ourselves that which is not our own, by any fraudulent arts or practices, as by forging, concealing, destroying, or altering deeds and writings (which are our land-marks, to which appeals are made), or by shifting hedges, meer-stones, and boundaries. Though the land-marks were set by the hand of man, yet he was a thief and a robber by the law of God that removed them. Let every man be content with his own lot, and just to his neighbours, and then we shall have no land-marks removed. (2.) It forbids the sowing of discord among neighbours, and doing any thing to occasion strife and law-suits, which is done (and it is very ill done) by confounding those things which should determine disputes and decide controversies. And, (3.) It forbids breaking in upon the settled order and constitution of civil government, and the altering of ancient usages without just cause. This law supports the honour of prescriptions. Consuetudo facit jus—Custom is to be held as law.

II. A law against perjuries, which enacts two things:—1. That a single witness should never be admitted to give evidence in a criminal cause, so as that sentence should be passed upon his testimony, v. 15. This law we had before, Num. xxxv. 30, and in this book, ch. xvii. 6. This was enacted in favour to the prisoner, whose life and honour should not lie at the mercy of a particular person that had a pique against him, and for caution to the accuser not to say that which he could not corroborate by the testimony of another. It is a just shame which this law puts upon mankind as false and not to be trusted; every man is by it suspected: and it is the honour of God's grace that the record he has given concerning his Son is confirmed both in heaven and in earth by three witnesses, 1 John v. 7. Let God be true and every man a liar, Rom. iii. 4. 2. That a false witness should incur the same punishment which was to have been inflicted upon the person he accused. If two, or three, or many witnesses, concurred in a false testimony, they were all liable to be prosecuted upon this law. (2.) The person wronged or brought into peril by the false testimony is supposed to be the appellant, v. 17. And yet if the person were put to death upon the evidence, and afterwards it appeared to be false, any other person, or the judges themselves, ex officio—by virtue of their office, might call the false witness to account. (3.) Causes of this kind, having more than ordinary difficulty in them, were to be brought before the supreme court, The priests and judges, who are said to be before the Lord, because, as other judges sat in the gates of their cities, so these at the gate of the sanctuary, ch. xvii. 12. (4.) There must be great care in the trial, v. 18. A diligent inquisition must be made into the characters of the persons, and all the circumstances of the case, which must be compared, that the truth might be found out, which, where it is thus faithfully and impartially enquired into, Providence, it may be hoped, will particularly advance the discovery of. (5.) If it appeared that a man had knowingly and maliciously borne false witness against his neighbour, though the mischief he designed him thereby was not effected, he must undergo the same penalty which his evidence would have brought his neighbour under, v. 19. Nec lex est justior ulla—Nor could any law be more just. If the crime he accused his neighbour of was to be punished with death, the false witness must be put to death; if with stripes, he must be beaten; if with a pecuniary mulct, he was to be fined the sum. And because to those who considered not the heinousness of the crime, and the necessity of making this provision against it, it might seem hard to punish a man so severely for a few words' speaking, especially when no mischief did actually follow, it is added: Thy eye shall not pity, v. 21. No man needs to be more merciful than God. The benefit that will accrue to the public from this severity will abundantly recompense it: Those that remain shall hear and fear, v. 20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made.

CHAP. XIX.

WHen Iehovah thy God hath cut off the nations, whose land Iehovah thy God giveth unto thee, and thou possessest them, and dwellest in their cities, and in their houses; Thou shalt separate three cities for thee, in the midst of thy land, which Iehovah thy God giveth unto thee, to possesse it. Thou shalt prepare for thee the way, and shalt divide into three parts the coast of thy land, which Iehovah thy God shall give thee to inherit; and it shall be, that every man-slayer may flee thither. And this is the case of the man-slayer which shall flee thither and live: who so smiteth his neighbour unwittingly, and he hated him not in time past; As when he commeth with his neighbour into a wood, to hew trees, and his hand fetcheth a stroke with an axe to cut downe a tree, and the iron slippeth from the wood, and findeth his neighbour, and hee die; he shall flee unto one of these cities, and live. Lest the avenger of the bloud pursue after the man-slayer while his heart is hot, and overtake him, because the way is long, and smite him in soule, and he had not the judgement of death, because he hated him not in time past. Therefore I command thee, saying; Thou shalt separate for thee three cities. And if Iehovah thy God enlarge thy coast, as he hath sworne unto thy fathers, and give unto thee all the land which he hath spoken to give unto thy fathers: If thou shalt keepe all this commandement, to do it, which I command thee this day, to love Iehovah thy God, and to walke in his wayes all dayes; then thou shalt adde three cities moe for thee, beside these three. That innocent bloud be not shed within thy land, which Iehovah thy God giveth unto thee for an inheritance, and so blouds be upon thee. But if a man be a hater of his neighbour, and lie in wait for him, and rise up against him, and smite him in soule that he die, and fleeth unto one of these cities: Then the Elders of his citie shall send, and take him thence, and shall give him into the hand of the avenger of the bloud, and he shall die. Thine eye shall not spare him, and thou shalt put away innocent bloud from Israel, and it shall goe well with thee.

Thou shalt not remove thy neighbours limit, which the first fathers have limited, in thine inheritance which thou shalt inherit, in the land which Iehovah thy God giveth unto thee to possesse it.

One witnesse shall not rise up against a man for any iniquitie, or for any sinne, in any sinne that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall a word be stablished.

When an unrighteous witnesse shall rise up against a man, to testifie revolt against him: Then both the men, betweene whom the controversie is, shall stand before Iehovah, before the Priests and the Iudges which shall be in those dayes. And the Iudges shall make diligent inquisition; and behold, if the witnesse be a false witnesse, and hath testified a falshood against his brother: Then shall yee doe unto him as hee had thought to have done unto his brother; and thou shalt put away the evill from the midst of thee. And the residue shall heare and feare, and shall not adde to doe any more such an evill thing as this in the midst of thee. And thine eye shall not spare: soule for soule, eye for eye, tooth for tooth, hand for hand, foot for foot.

Annotations. THou shalt separate] in Ios. 20. 7. he useth the word sanctified; in Num. 35. 11. shall appoint. Here Moses explaineth the sixt commandement, for some speciall lawes concerning it. three cities] besides those three which Moses had separated without the river, Deut. 4. 41, 43. These three cities were Kedesh, Shechem, and Hebron, Ios. 20. 7. They were all cities of the Levites: see Num. 35. 6. in the midst] that is, within thy land: as, in the midst of the citie, Ier. 52. 25. is the same that within the citie, 2 King. 25. 19. See also the notes on Gen. 2. 9. This is spoken, because there were no cities of refuge, but in the land which Israel possessed. See Num. 35. 2. Vers. 3. shalt prepare] Of this it is said, The senate (or Magistrates in Israel) were bound to prepare the wayes to the cities of refuge, to make them fit and broad, and to remove out of them all stumbling blocks and offences: and they suffered not any hill or dale to bee in the way, nor waters streame, but they made a bridge over it, that nothing might binder him that fled thither. And the bredth of the way to the cities of refuge, was no lesse than 32. cubits. And at the partitions of wayes they set up in writing, REFVGE, REFVGE: that the man-stayer might know and turne thitherward. On the 15. of the moneth Adar (or Februarie) every yeare the Magistrates sent out messengers to prepare the wayes, &c. Maimony treat. of Murder, chap. 8. sect. 5, 6. divide into three] because the land was much more long than broad, therefore the cities of refuge were in three places, equally distant, and so commodious for men to flee unto. Vers. 4. the case] Heb[illegible: 1 letter]. the word; in Greeke, the ordinance of the man-slayer (or murderer.) and live] or, that he may live. From these words the Hebrew Doctors teach, that a Scholer exiled to the cities of refuge, his Master also goeth with him; as it is written, AND LIVE: But the life of them that love and seeke after wisdome, is without the doctrine of the Law, counted as death. And so the Master that is exiled, his schoole goeth with him, &c. Maim. treat. of Murder, chap. 7. sect. 1. smiteth] meaning to death: as the Chaldee translateth, killeth. So, he smote, 2 King. 14. 5. is expounded he killed, in 2 Chron. 25. 3. unwittingly] or, ignorantly, unawares; Heb. without knowledge; the Greke saith, unwillingly. hated him not] for hee that was his enemie, though hee killed him unawares, might not have the benefit of the citie of refuge, as is noted on Numb. 35. 20. And who is he that hateth? He that for enmitie sake, speaketh not unto him for three dayes. Maim. treat. of Murder, chap. 6. sect. 10. in time past] Hebr. and Greeke, from yesterday and the third day: so in vers. 6. Vers. 5. As when he commeth] or, And he that shall come; and thus the Greeke translateth it. a wood] or, forrest. This is a similitude for all like places and cases: but hence the Hebrewes gather, Who so commeth into a mans yard without his leavs, of the man of that house kill him by errour, he is free from being exiled (into the cities of refuge,) for it is said, INTO A WOOD. What is that wood? A place which the slaine person hath libertie to come into. And so all other the like. Maim. treat of Murder, chap. 6. sect. 11. the wood] that is, the helve of the [illegible: 1 word] findeth] that is, hitteth, or lighteth upon. and live] within his citie of refuge, where hee must abide untill the death of the high Priest, Num. 35. 25. See the annotations there. Vers. 6. avenger] or, neare kinsman, who is by dutie to avenge: see the notes on Num. 35 12. [illegible: 1 word] heart is hot] inflamed with anger, griefe, and desire of revenge; in such heat of minde, the affections of men are overcaried to speake or doe that which is not meet. So in Psal. 39. 4. Mine heart was [illegible: 1 word] within me. because] or, as the Greeke translateth, if the way belong: Hebr. much. in soule] or, in life, that is, mortally, deadly; which the Greeke translateth, smite his soule: and for smite, the Chaldee saith, kill. So in vers. 11. judgement] that is, guilt, as the Chaldee explaines it; that is, hee was not worthy of death: O[illegible: 1 letter], judgement, that is sentence of death by the Magistrate. Vers. 8. all the land] from the river of Egypt, unto the great river, the river Euphrates, Gen. 15. 18. Verse 9. this commandement] in Greeke, these commandements. This condition being legall, and unpossible for man to fulfill, had not therefore the accomplishment outwardly for the inlarging of their coast, or for adding of three cities moe, for ought that is knowne either by the Scriptures, or Iewish records; and is therefore to be referred unto Christ, spiritually. The Iewes themselves referre it unto Christs dayes, but carnally, as after followeth. in his wayes] the Greeke addeth, in all his wayes: the Chaldee, in the wayes that are right before him. adde three cities] of this the Hebrewes say; In the dayes of the King Christ, they shall adde three other (cities) unto these sin, Deut. 19. 9. And whence shall they adde them? Of the cities of the Kenizites, and the Kenites, and the Kadmonites; concerning whom a covenant was made with Abraham our father, (Gen. 15. 18, 19.) and hitherto they have not beene subdued; and of them it is said in the Law, If the Lord thy God inlarge thy coast. Maim. treat. of Murder, chap. 8. sect. 4. And in another place the same man saith, (in treat. of Kings, chap. 11. sect. 2.) Of the cities of refuge, he saith, If the Lord thy God shall inlarge thy coast, then thou shalt adde three cities moe, &c. But this thing hath never beene done; and the holy blessed (God) hath not commanded it in vaine. But the Law is not in vaine, though it bee not literally fulfilled in all the precepts; For what the Law could not doe, in that it was weake through the flesh, God (hath done) sending his owne Son, &c. Rom. 8. 3. by him wee have strong consolation, who have fled for refuge, to lay hold upon the hope set before us, Heb. 6. 18. Vers. 10. That innocent bloud be not] or, as the Greeke translateth, And innocent bloud shall not be shed: meaning the bloud of the unwilling man-slayer, who is not worthy of death, v. 6. and blouds be] that is, the guilt of bloudshed; as the Chaldee expoundeth it, the guilt of the judgement of murder. The Greeke translateth, and there shall not bee in thee a (man) guiltie of bloud. Vers. 11. smite him in soule] Greeke, smite his soule, that is, as the Chaldee saith, kill him: as vers. 6. Vers. 12. the Elders] in Greeke, the Senate. thence] from the citie of refuge, yea or from the Altar of the Lord, Exod. 21. 14. for, a man that doth violence to the bloud of any person, shall flee to the pi[illegible: 1 letter], let no man stay him, Prov. 28. 17. See more in the annotations on Num. 35. Vers. 13. put away innocent bloud] that is, as the Chaldee explaineth it, him that shed innocent bloud. and it shall goe well] or, that it may bee well with thee: or, and good shall be unto thee. Vers. 14. limit] or, bound, border, land-marke: whereby every mans inheritance in the land was limited. A sinne great in all places, Iob 24. 2. but greatest in the land of Israel, Gods holy limit, (or border) Psal. 78. 54. which was parted by lot of the Lord, Num. 26. 53.—56. and figured the spirituall inheritance which the Saints have in the Church, all the limits whereof are of pleasant stones, Esay 54. 12. and whereof Canaan was a type, as is noted on Gen. 12. 5. Therefore among the curses pronounced against the breakers of the Law, this is the third, Cursed bee he that removeth his neighbours land-marke, (or limit) and all the people shall say, Amen, Deut. 27. 17. the first fathers] Eleazar the Priest, Iosua the son of Nun, and the heads of the fathers of the tribes of the sonnes of Israel, Ios. 14. 1. The word fathers I supply from Prov. 22. 28. where it is said, Remove not the ancient limit which thy fathers have set; and so the Greeke translateth here, the limits which thy fathers have set; in Chaldee, the ancients. in the land] of Israel, the holy land, Zach. 2. 12. the Lords land, Hos. 9. 3. where this sinne was sacrilegious. The Hebrewes say, Hee that removeth his neighbours land-marke, and taketh of his neighbours limit into his owne, though it be but an inch, if he doe it by force, it is rapine; and if he remove it in secret, it is theft. And if in the land of Israel hee remove the marke, he transgresseth against two prohibitions; against stealth or rapine, and against, Thou shalt not remove the limit. Maimony treat. of Theft, ch. 7. sect. 11. Vers. 15. not rise up] or, not stand, not be stablished, (as the word is Englished in the end of this verse:) and so the Greeke translateth, shall not abide (or continue.) The Hebrewes say, They determine not any sentence of matters by the mouth of one witnesse, neither money matters, nor matters of life and death, Deut. 19. 15. In two places the Law maketh one witnesse faithfull; for the suspected wife, that shee shall not drinke of the bitter waters, (Num. 5.) and for the heifer, that it shall not have the neck cut off, (Deut. 21.) Maimony treat. of Witnesses, c. 5. s. 1, 2. at the mouth] The Chaldee expoundeth it, at the word. From hence the lewes gather, that by law they may not receive witnesse, either in money matters, or in matters of life and death, but from the mouth of the witnesses, (Deut. 19. 15.) from their mouth, and not from a writing of their hand. But by the words of the Scribes they determine money matters by witnesse, that is, in a bill, although the witnesses be not alive, &c. Maim. treat. of Witnesses, c. 3. s. 4. a word] or, a thing, a matter. The Greeke translateth, every word: and so the Apostles alleage this place, Matt. 18. 16. 2 Cor. 13. 1. which sheweth, that this (as many other like Scriptures) are to be taken in the largest sense: see Deut. 27. 26. be stablished] or, be confirmed; stand as firme and true. So our Saviour saith; It is written in your law, that the testimony of two men is true, Iohn 8. 17. Vers. 16. unrighteous] so the Greeke translateth the Hebrew phrase; witnesse of unrighteousnesse (or, of violent wrong, of injuriousnesse.) the Chaldee translateth, false witnesse: So in Exod. 23. 1. to testifie] Hebr. to answer, which is a generall word for all speaking or testifying, as the Chaldee exponndeth it, to testifie: so in v. 18. See Exod. 20. 16. revolt] or apostasie, a falling, or turning away from the Lord, as Deut. 13. 5. The Greeke translateth it impiety. Vers. 17. both the men] or, the two men, that is, the accuser and the accused. So that one witnesse may cause a matter to be inquired into, though no sentence may be given upon the testimony of one, v. 15. and ch. 17. v. 6. before Iehovah] before his Arke or Sanctuary: in the place which he shall chuse: see Deut. 17. 8. 1 King. 8. 31. before the priests] the Greeke version addeth, and before the Priests, and before the Iudges: See Deut. 17. 9. Vers. 18. make diligent inquisition] or, inquire well: which the Greeke translateth, acriboos, that is, exactly, exquisitely, or perfectly, as Act. 23. 20. false] the Greeke translateth this as before, unrighteous, or unjust. testified] Hebr. answered, as in vers. 16. Vers. 19. thought] or presumed, presumptuously devised and enterprised: the Greeke translateth, maliciously thought. Of the originall word Zamam, thought, the Hebrewes call the false witnesse Zomem, the thinker, or presumer, and say, Who so witnesseth falsly, and it bee knowne by witnesses that hee hath witnessed falsly, this man is called [gned Zomem] the false witnesse; and it is commanded to doe unto him as he would have done by his testimony unto his neighbour. If they have testified falsly of a transgression for which men are guilty of stoning to death, they are all to be stoned; if of burning, they are to be burnt; and so for other deaths. And if they testifie of (crimes worthy) beating, every one of them is to bee beaten, &c. If they testifie of things for which money is to be paid, they pay the money among them, according to the number of witnesses, every one shall give the portion that concerneth him, &c. This is meant of witnesses that are found false: but two companies that contradict one another, and so there is no testimony, they doe not punish the one of them, because it is not knowne which company speaketh falsly. And what is the difference betweene contradiction and falshood? Contradiction is in the testimony it selfe, the one saying, this thing was, and the other saying, this thing was not. Falshood (or forgery) is for the testifiers themselves, when the false witnesses cannot know whether the thing was done or not. As witnesses that come and say, We saw this man kill a person, or be borrowed a pound of such a man, such a day, in such a place; and after they have thus witnessed, and are searched into, there come two other and say, On this day, and in this place, wee were with you and with these all the day, and there never was such a thing; this man killed him not, or this man borrowed not of that man; loe this is contradiction, and all the like. But if they say unto them, as for us we know not whether this man killed that man, on such a day in Ierusalem, as you say or no; but wee testifie, that you your selves were with us on the same day in Babylon; loe these are false witnesses (or forgers) and must be killed, or make satisfaction, for as much as the witnesses which make them forgers, have no respect at all unto the testimony it selfe whether it be truth or falshood. And if the first witnesses were an hundred persons, & there come two & prove them forgers, saying, we testifie that you hundred all of you were with us such a day, in such a place; [illegible: 1 word], these are punished by the mouth of those two, for two are as an hundred, and an hundred as two. And so in two companies of witnesses that contradict one another, they goe not after the greatest number. Maimony treat. of Witnesses, chap. 18. sect. 1, 2, 3. As for witnesses that contradict one another, such as are after found faulty, though they be not put to death for testifying against a mans life, yet are they chastised at the Iudges discretion. Maimony ibidem, sect. 6. the evill] that is, as the Chaldee saith, the evill doer. See before on Deut. 17. 7. and 13. 11. Vers. 20. the residue] that is, all other shall heare and feare. Therefore the Hebrewes say, Proclamation was made concerning these forgers or false witnesses, the Iudges wrote and sent into every citie, that such and such men witnessed so and so, and were found false, and we killed them, or they were beaten before us, or we set such a fine (or mulct) upon them. Maimony treat. of Witnesses, chap. 18. sect. 17. Vers. 21. not spare] or, not pittie: of this the Hebrewes hold, that all hurts may be bought out with money, except life for life; thereof there may be no ransome, Num. 35. 31. See the Annotations on Exod. 21. 25. soule] or life (to wit, shall goe) for life. See Lev. 24. 17.—20.