Deuteronomy 19:17

o be added should the Lord enlarge their coasts, and the reasons why, Deu 19:7-10 . The intentional murderer shall have no benefit from these cities, Deu 19:11-13 . The landmark is not to be shifted, Deu 19:14 . One witness shall not be deemed sufficient to convict a man, Deu 19:15 . How a false witness shall be dealt with - he shall bear the punishment which he designed should have been inflicted on his neighbor, Deu 19:16-20 . Another command to establish the lex talionis, Deu 19:21 . Verse 2 Thou shalt separate three cities - See on Num 35:11 (note), etc. Verse 3 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. Verse 9 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. Verse 11 If any man hate his neighbor - See on Exo 21:13 (note). Verse 14 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. Verse 15 One witness shall not rise up, etc. - See Num 35:30 (note). Verse 19 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. Verse 21 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. Introduction Directions concerning campaigns, Deu 20:1 . The priest shall encourage the people with the assurance that God will accompany and fight for them, Deu 20:2-4 . The officers shalt dismiss from the army all who had just built a new house,

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.