CHAPTER XVIII.

THE CIVIL INSTITUTES OF MOSES, CONTINUED.

VII. _Hebrew Servitude._

Servitude existed before Moses. It was no part of the mission of

the Hebrew code to _create_ it. Let it be forever admitted that the

laws given of God through Moses can not be held responsible for the

existence of slavery. They found it existing and proceeded therefore

to _modify it_; to soften its more rigid features; to extract its

carnivorous teeth; to ordain that the slave _had rights_ which the

master and the nation were bound to respect――in short, to tone down

the severities of the system from unendurable slavery to very tolerable

servitude.

* * * * *

_By what means was this change wrought?_ What new elements were

introduced to abate the severities of real slavery?

1. _Man-stealing was punished with death._ “He that stealeth a man and

selleth him, or if he be found in his hand, he shall surely be put to

death” (Ex. 21: 16). The law as recited in Deut. 21: 7 applies to a

man stealing one of his brethren of the children of Israel. As stated

in Ex. 21: 16 it is universal, with no limitation. Stealing a _man_ is

the crime. I see no reason to doubt that the law was intended to apply

to men of every nationality――to men as made in God’s image of whatever

nation.

This statute struck at the very root of real slavery. Both stealing

and selling contemplate property――assume the fact of a property value.

The spirit of the law is――Men shall never be degraded into merchandise.

Every body knows that all American slavery began with stealing men

from Africa and selling them. Servitude, involving a certain right to

service and property in service, there might be, despite of this Hebrew

law; but real slavery――property in man as distinct from property in his

services, there could not be under this law. Moreover, the severity of

this penalty must have thrown its shield of protection over the entire

system of servitude. It was a very palpable indication of God’s stern

displeasure against the whole system of chattelizing human beings.

2. The Hebrew law positively forbade the rendition of fugitives.

“Thou shalt not deliver to his master the servant that has escaped

from his master unto thee: he shall dwell with thee, even among you in

that place which he shall choose in one of thy gates where it liketh

him best; thou shalt not oppress him” (Deut. 23: 15, 16).――――Observe

it was not only impossible to have any law for the reclamation of

fugitives――_i. e._ to have “a fugitive slave law” of the recent

American pattern; but the law was put on the other side. It

declared――“Thou shalt _not_ deliver him up to his master”――shalt not

give his master information and help the arrest; but shalt let him

choose his abode by his own free and manly will. If his hardships are

such under his bondage that he prefers to take his risk of finding a

better living elsewhere, let him try it. Let no man stand in his way.

He would not leave his master if his personal rights and interests were

properly cared for. But if his master is too selfish, or too cruel, or

too exacting of labor, or too stingy of bread or clothing, who shall

judge but the servant himself? Therefore let the servant better his own

condition if he can, and let all selfish, savage-hearted masters take

warning!――――Such laws exorcise the real spirit of slavery with blessed

rapidity. It would require but few such ameliorating statutes to tone

it down from unendurable slavery to very tolerable servitude.

The spirit of this law is altogether the spirit of the Great Lawgiver

when he found the Hebrews sorely oppressed in Egypt; smote off their

chains; brought them forth from their house of bondage, and placed them

beyond all reclamation. What he required his people now to do in behalf

of any oppressed servant was only in spirit what he had done for them.

3. Severe personal injuries gave the slave his freedom. “If a man smite

the eye of his servant or the eye of his maid that it perish, he shall

let him go free for his eye’s sake.” So of the tooth (Ex. 21: 26, 27).

The eye and the tooth are but specimen illustrations of the principle.

A charge of shot in the leg could not be less under this law than

a passport to freedom.――――Moreover, the statutes very specifically

enjoined clemency and forbade rigor in the treatment of Hebrew servants

(Lev. 25: 39–43, 46).

4. Of wider sweep in its influence and of inexpressible value was

_the system of periodical emancipation_. The term of service for the

Hebrew-born was limited to six years. At the end of this term they went

out free. Servants of foreign birth (as we shall see) went out at the

Jubilee, each fiftieth year.――――The effect of this law was at once to

lift from the heart the terrible incubus of a life-long bondage――that

sense of a hopeless doom which knows no relief till death. Whatever the

amount of discomfort or suffering involved in servitude might have been,

the Hebrew servant had under this law the prospect of his freedom at no

distant day.――――Moreover the accompanying provisions of this law were

thoroughly humane. The servant who had sold himself through extreme

poverty (Lev. 25: 47–55) might be redeemed at any time by a friend,

or if he could command the means by extra labor or skill, he might

redeem himself.――――When his term expired, his master must not send him

away empty, but must furnish him liberally out of his flock and out

of his floor (grain), and even out of his _wine-press_――of any thing

and every thing wherewith the Lord had blessed the master, he was to

impart liberally to his manumitted servant (Deut. 15: 12–15). So the

servant would have a fair start in his new self-supporting life. It

was a fore-thoughtful provision, full of the milk of a more than human

kindness.

Apparently this periodic emancipation applied to every class of Hebrew

servants――to him who had sold himself because he had become too poor

to provide for his family; to him who had been taken and sold for debt;

and to him who had been sold into servitude for crime. This latter case,

however, is doubtful.

Noticeably, this law provides for the family rights of the servant. If

he had brought his wife with him into this state, he took her out with

himself, and of course his children also. If his master had given him a

wife, he retained her because of his property interest in her services,

and her children with her for humanity’s sake; for children under six

years of age need their mother’s care. Wives in that age of the world

were paid for.

Let it be noticed, the law assumes that possibly the servant may love

his wife and his children and even his _master_ so well that he chooses

not to leave them. Very well; if he will consent to come before the

judges and in a solemn judicial manner, testify to this love of his

heart, and moreover, will consent to endure the rather uncomfortable

operation of having his ear bored through with an awl, then he may

remain forever――_i. e._ during life. But the discomforts of this

operation were intended to bear somewhat against this unlimited

servitude. The law seemed to say to every servant――“It would probably

be better for you to be your own master and live in freedom, rather

than in even this very comfortable servitude.”――――Every provision

of this statute had a purpose. The servant must be brought before

the judges to express in this public manner his choice to remain in

servitude; for this method would make it impossible for the master to

misrepresent the will of his servant. Moreover, it seems probable that

boring the ear was no badge of honor but the opposite, and therefore

would bear against the man’s choice of perpetual servitude.

The law made special provision for the case of female servants. The

original statute (Ex. 21: 7–11) put her case on a different footing

from that of her brother. “She shall not go out as the men-servants do.”

The language――“If a man sell his daughter to be a maid-servant”――may

seem at first view to be a case of slave-sale, involving real property

in human flesh and bones. A closer examination will show that it

comes under the usage of _selling daughters to become wives_; for this

purchase “betrothed her to her master,” or to “his son,” and the law

made special provision for her rights as such; viz. that in case her

master is not pleased with her, he shall let her be redeemed, “and

shall have no power to sell her unto a strange nation.” If betrothed

to his son, he shall deal with her as with a daughter; if the son take

another wife, he shall not abate from his duty as a husband toward her;

and if he refuse to do all the law demands, she is free――redeemed by

law, “without money.”――――These statutes of course shape themselves

to the existing usages in respect to polygamy, concubinage, and easy

divorce, sedulously protecting the rights of a female servant under

these most unfavorable usages.

It seems probable that these kind and considerate provisions failed

to protect her rights as fully as the spirit of the law intended, and

therefore a further modification appears at a later period; for Deut.

15: 17 declares that the six years’ emancipation law shall apply to her

also as truly as to her brother;――“and unto thy maid-servant thou shalt

do likewise.”

5. In view of the fact that what we may call “religious privileges”

included rest from labor and more or less of religious and social

festivity, the law was very specific in stipulating that the

man-servant and the maid-servant must share in all these equally with

the son and the daughter. We see this in the law of the Sabbath; in

the feast upon the second tithes (Deut. 12: 17, 18); and in two of the

great festivals, viz. the Pentecost and the Feast of Tabernacles (Deut.

16: 11, 14).――――Thus they were put religiously and socially upon the

same footing as children in the family. No ban of exclusion, no stigma

of caste, could attach to their condition so long as these statutes

were duly observed.

6. By usage and without the necessity of statute, Hebrew servants

held property. The old American doctrine――“The slave can own

nothing”――had no place in the system of Hebrew servitude. The proof

is twofold:――――(a) The statutes provided that “if able he might redeem

himself” (Lev. 25: 49). This permission would be only a taunting insult

if in fact no Hebrew servant could hold property.――――(b). The light

of history bears witness: Ziba was a servant of the house of Saul; but

he had servants under him――a round score; “fifteen sons and _twenty_

servants” (2 Sam. 9: 10 and 19: 17), and seems to have had charge of

cultivating Saul’s estates.

Thus manifold and effective were the humane provisions which softened

the severities of slavery, toning them down to a very tolerable system

of servitude.

_The Slavery that Existed before Moses._

We have spoken of Hebrew servitude as a _modified_ system――which

raises the question――“modified” _from what_? What was the pre-existing

system upon which these modifications were superinduced? A full answer

must include (a) The patriarchal system as it appears in the case of

Abraham, Isaac, and Jacob: and (b) The system of Egypt and perhaps

other contemporary nations.

(a.) In the patriarchal system servitude could not possibly have been

compulsory. It must have been voluntary. Force, coercion, was utterly

out of the question. Abraham had neither army nor police to hold his

slaves in bondage. In fact they were his armed soldiers as against

freebooting incursions or any hostile assault whatever. Manifestly

they lived with him while they chose――no longer. Some of them rose to

bear important responsibilities, _e. g._ Eliezer (Gen. 24); his two

young men who went with him and Isaac to Moriah (Gen. 22).――――Isaac

“had great store of servant” (Gen. 26: 14), but there is not the

least intimation that they were entailed as part of his estate to

either Esau or Jacob; or that he received them by inheritance from

Abraham.――――Jacob had many servants (Gen. 30: 43), and in fact must

have had to help him in the care of his flocks and herds: but the

history shows that he did not take them with him into Egypt. Joseph’s

invitation left out the servants (Gen. 45: 10, 11.), and the record

specifies all the family except the servants and gives us the actual

enumeration――all servants omitted (Gen. 46: 5–26). Property in servants

in the American sense, there was none.

(b.) Of Egyptian slavery enough is known to show that they bought

slaves brought in from other nations, holding therefore a property

right in them, and that they constituted a menial class in society.

* * * * *

The condition of the Israelites under oppression there was peculiar.

Manifestly they were not held by individual Egyptians as their

personal property, but rather by the crown. The king of Egypt appears

as the great slave-holder of the Hebrew people, making levies upon

them for laborers at his pleasure, and exacting the severest tasks

with no limitations but his own will on the one hand and their possible

endurance on the other. The question of letting the people go was (at

least mainly) personal to himself and to his throne. His merciless

severity would naturally tend to make slavery in Egypt heartlessly

cruel. Laws to restrain masters from severity could not be thought

of under such kings. It is easy to see that when, at and after Sinai,

the Lord came to legislate for the Hebrew people, fresh from Egyptian

usages and laws, there was abundant occasion for statutes to modify

the severities of human bondage. With telling force the Lord could

say――Never oppress your servants; ye know how oppression feels!

_The Jubilee._――(Lev. 25).

In this chapter and here only we have an account of this peculiar

institution. The following points in it deserve special attention.

1. Its main scope and purpose were manifestly of the same sort with

those of the Sabbatic year――a year of rest from labor, of recuperation

for both the laborer and his lands, and of joy in the God of their

mercies. Particularly it made provision for restoring lands which had

been alienated by any means during the forty-nine intervening years. On

this eventful year all lands were to return to the original proprietor

and to his estate. The law provided that alienated lands might be

redeemed at any time for a price graduated by the years intervening

before the Jubilee. But if the poor man was unable to redeem his land

and had no relative or friend to redeem it for him before the Jubilee,

it then returned to him by the statute with no redemption price.

2. We must note its bearing upon Hebrew servants and its relation

to the seventh year emancipation law.――――It treats of two classes of

servants of Hebrew blood; those who had sold themselves, because of

their poverty, to a fellow Israelite; and those who for the same reason

had sold themselves to a wealthy foreigner residing in the land. As

to the former class, the law enjoins kind treatment; puts strongly

the distinction between the hired and the bond-servant――permitting

servants of Hebrew birth to be held in the former state but not in

the latter; and finally gave him and his children freedom at the

Jubilee.――――Inasmuch as the seventh year emancipation law applied to

this very class of servants, if it were enforced there could be no

Hebrew servants to go out at the Jubilee except those who had not yet

served six full years. This seems to be the bearing of the law of the

Jubilee upon Hebrew servants. We can not assume that it superseded the

seventh year law and took its place. The historic passage (Jer. 34:

8–17) would quite forbid such a construction.

As to the second class――those who had sold themselves to a

foreigner――the law gave the right of redemption to any of his friends

or to himself, and fixed the terms, providing for his freedom at the

Jubilee.

3. The most difficult point is, the bearing of the Jubilee, if any,

_upon servants of foreign birth_. Did it, or did it not, provide for

their emancipation?

The passage (Lev. 25: 9, 10) seems very strong in favor of _universal_

liberty, not omitting bond-servants of foreign birth. The words

are――“_Proclaim liberty through all the land unto all the inhabitants

thereof_.” This proclamation was made with sound of trumpet, ringing

out its shrill blast over all the land. Now let it be considered: If

foreigners were not included, and if the seventh year emancipation

law had been duly enforced, there could have been but a meager showing

of freedmen――only those few Hebrew servants who had not filled out

their six years of service. Is it credible that so much proclamation

and so much public display could have meant only the emancipation of

say one-tenth or one-twentieth of all the servants in the land?――――At

any point of their history the number of foreign servants ought

to have greatly exceeded the number of Hebrew birth――for two

reasons:――――(a.) The law encouraged the taking of foreigners into

this relation:――――and (b.) They continued in it at least till the

Jubilee――their maximum service being therefore forty-nine years,

awhile the maximum service of the Hebrew-born was only six. Therefore

I urge that a proclamation so high sounding and in terms so absolutely

universal can not have left out the great majority of bondmen in the

land.

The opponents of this view rely upon the words (v. 46)――“They shall be

your bondmen forever”――which they claim must mean _during life_.――――But

it may be replied――One human life is very much short of _forever_. Also,

if the statute had meant during life, why did it not say so?――――Again;

the order of the Hebrew words favors this construction: “Forever of

them shall ye take servants”――or somewhat more literally: Forever

among them shall ye serve yourselves, _i. e._ provide yourselves with

servants. And this construction harmonizes fully with the drift of the

context, the spirit of which is――Go to the heathen about you, or to

heathen families living among you for your supply of bond-servants.

Let this be the permanent arrangement.

The English phrase――“bond-servant” may perhaps give a stronger sense

than the Hebrew will warrant. The Hebrew suggests no sort of “bond”――no

obligation of law or justice. It expresses a certain degree of emphasis

by means of repeating the words for service and servant, in this way:

(v. 39), If thy brother with thee shall become weak “[broken down

financially], and shall sell himself to thee, thou shalt not exact

of him the service of a servant, [or serve thyself in him with the

service of a servant].” This is all that “bond-servant” can mean. It is

a somewhat intensified idea of service.――――Another prohibition in this

passage is sufficiently explicit: “Thou shalt not rule over him _with

rigor_” (vs. 43, 46), _i. e._ literally, with crushing; shalt not break

him down; or in the American slave-holder’s phrase “break him in.”

* * * * *

The case of _foreign servants_ demands yet a few more words of

explication. It can not be denied that the spirit of the Hebrew law

favored the choice of foreigners for servants, and the increase of

this class of population. This is plainly the doctrine of the passage

Lev. 25: 44–46.――――In connection with this we may profitably study

the law of the Passover in its relation to servants (Ex. 12: 43–49).

“There shall no stranger eat thereof, but every man’s servant that is

bought for money, _when thou hast circumcised him_, then shall he eat

thereof.”――――That this law contemplated Gentile servants is clear on

two grounds:――――(a.) Only such would need circumcision――all Hebrews

being circumcised when eight days old.――――(b.) The law (Lev. 25: 44)

required them to take their servants from the heathen, and authorized

them to “_buy_” such. The buying of a Hebrew servant was a very

different thing. The poor Hebrew _sold himself_――_i. e._ _his

services_, and took pay in advance of doing the work. Selling himself

is precisely the sense of the Hebrew in Lev. 25: 39, 47, though in

the former case (v. 39) our translators made it “be sold” and in the

latter “sell himself.” The Hebrew verb is equally reflexive in both

verses.――――Moreover, no man might steal a Hebrew and sell him on pain

of death. It does not appear that Hebrew fathers sold their sons. When

they took pay for a daughter, it came under the usage of paying for

wives. She was betrothed to her purchaser (Ex. 21: 7–11) and of course

had the rights of a wife. Hence this “buying a servant for money”

(Ex. 12: 44) contemplates a foreigner.――――The law proceeds to say――“A

foreigner (one not a servant) and a hired servant shall not eat

thereof.”――――Furthermore, circumcision was naturalization; it brought

the servant within the pale of the Hebrew community. For this law

of the Passover declares that “when a stranger sojourning with thee,

_i. e._ in thy land, desires to keep the Passover to the Lord, let all

his males be circumcised, and then let him come near and keep it; _and

he shall be as one that is born in the land_;” _i. e._ his circumcision

is equivalent in force to being born in the land; it secures his

naturalization. Hence the buying of foreign servants would be a

perpetual process of naturalizing them, and bringing them into the

Hebrew community. They came to the Passover and were entitled to all

the religious privileges of the children of Israel. Abraham himself

circumcised, not his sons alone, but “all that were born in his house

or bought with money of the stranger” (Gen. 17: 23, 27).――――Thus the

system reached forth its arms, gathered to its genial bosom and blest

with religious nurture thousands of alien birth, some of whom attained

renown among the servants of the God of Israel. We have the history of

Rahab and Ruth, and to name no more of “Uriah the Hittite,” and of

“Ittai the Gittite” [of Gath].

VIII. _Judicial Procedure._

Under this general head the following topics should receive attention.

1. _Judges._ The reorganization suggested by Jethro has been noticed,

and also its further modification to adjust it to the fixed residence

in Canaan.――――Between Joshua and Saul, there was an irregular series

of Supreme Judges, closing with Samuel of whose circuit court, taking

four cities in rotation, we have a notice in 1 Sam. 7: 15–17. The kings

manifestly held this function of Supreme Judge. In the absence of other

Judges, the High Priest seems to have served ex-officio. His powers,

under the “Judges” above referred to and the kings, are not sharply

defined; but probably religious and semi-religious questions came

before him and his associates. The Judges between Joshua and Samuel

were military men.――――A special reorganization of the judiciary under

Jehoshaphat (2 Chron. 19: 5–11) will repay a careful reading. It

provides subordinate judges in all the fortified cities; solemnly

admonishes them to administer justice in the fear of God; establishes

a supreme court in Jerusalem, where “he set of the Levites, priests,

and chief of the fathers of Israel for the judgment of the Lord and

for controversies when they returned to Jerusalem”――the last clause

apparently referring to cases carried up for decision before this

supreme court.――――It should be noted that we read nothing of cases

taken up to a higher court by appeal of a dissatisfied party; but only

as carried up by the lower court itself when the case seemed too hard

or too high for its decision. This principle went into operation in the

reorganization by Moses (Ex. 18: 22, 26 and Deut. 1: 17)――“The cause

that is too hard for you, bring it to me and I will hear it.” It passed

into the general law as we may see (Deut. 17: 8–13) which provides for

a supreme court at the religious center, the judges being “the priests,

the Levites, and the judges that shall be in those days.”

The warnings against partiality and bribery were earnest and

solemn――the penalty for these offenses being left, it would seem,

to be visited upon the offender by the Almighty (Ex. 23: 6–8, and Lev.

19: 15, and Deut. 1: 17, and 16: 18–20). They were not even allowed to

favor the poor man in his cause _against justice_ (Ex. 23: 3 and Lev.

19: 15)――there being sometimes a temptation to do this out of sympathy

with his poverty and his necessities. But God put justice in law above

sympathy for even the necessitous poor.――――The public anathema fell on

him who took a bribe to slay the innocent (Deut. 27: 25).

2. The seat of justice――the place for holding court――was “in the gates

of the city.” Hence this being with all Orientals the place of public

resort, the courts were public――open to all.

3. The processes of prosecution are not specially described. In cases

of a personal, private character, the aggrieved party brought suit. In

cases of a public nature “the elders of the city” bore responsibilities,

as we see in the case of murder by an unknown hand. A remarkable case

of appeal to the sensibilities of the whole nation is given Judg.

19: 25–30, under which the people woke to a consciousness of horrible

wickedness in Israel, and their indignation became irrepressible; yet

they carefully sought counsel of the Lord in this terrible case.

4. _Advocates._ We find no notice of professional advocates. The

“lawyers” of New Testament history were men versed in the law and

were teachers of law, but not by any means the modern advocate. Every

man might be his own advocate, and even women were heard before no

less a king than Solomon himself (1 Kings 3: 16–18). Noble-hearted,

disinterested men seem in Oriental life to have undertaken this service

voluntarily for the poor and the fatherless, of which Job gives a

touching description (Job 29: 7–17). Isaiah exhorts to this duty:

“Plead for the widow” (1: 17). It was the noble doctrine of this

system――“Our law judges no man before it hears him and knows what he

doeth” (Jn. 7: 51). Moses puts it thus――“Ye shall hear the small as

well as the great” (Deut. 1: 17). “If there arise a matter in judgment

between blood and blood, _between plea and plea_,” etc. (Deut. 17: 8).

5. _Of Witnesses_――the points of chief importance are these:

(1.) They testified under oath――the manner of administration being this:

The witness listened to the rehearsal of the words, and gave his oral

assent, “Amen,” or, “As thou sayest.” The passage (Lev. 5: 1) describes

the case of one who sins in this way, hearing the voice――_i. e._ the

words of the sacred oath, adjuring him to testify whether he has seen

or known any thing in this case. Then if he will not make known, “he

shall bear his iniquity.”――――A special statute for the case of a wife

suspected of conjugal infidelity shows how she is to be put under this

solemn oath (Num. 5: 19–22). She listens to the words of the oath and

responds, “Amen, amen.” (See also Prov. 29: 24 and Mat. 26: 63).

(2.) That the witnesses were examined separately and in presence of

the accused appears probable from a comparison of Mat. 26: 61 with

Mk. 14: 55–59. Jesus was present (Mat. 26: 62).

(3) As to the requisite number of witnesses――a criminal case of capital

crime required two besides the accuser (Deut. 17: 6 and 19: 15). Hence

the phrase――“In the mouth of two or three witnesses shall every word

be established” (Mat. 18: 16).――――A supposed case is stated (Ex. 22:

10, 11) in which the complainant and the accused are the only witnesses.

Both are put under oath; but the testimony of the accused under oath

seems to be accepted as his vindication.

(4.) By another peculiar provision of the Mosaic statutes, the

witnesses in certain cases must be first to execute the penalty (Deut.

17: 7, and 13: 9, and Acts 7: 58, and John 8: 7). This provision was

doubtless morally wholesome.

IX. _Punishments._

A few points not already brought to view deserve a brief notice.

1. _Fines._――Some were fixed by statute. The highest known to the law

(one hundred shekels of silver) was laid on the man who falsely accused

his wife of previous unchastity (Deut. 22: 19). Another case among

violations of the seventh commandment appears (Deut. 22: 28, 29).――――In

the case of an ox goring some one fatally, the penalty of death upon

his owner might be commuted to a fine at the discretion of the judges

(Ex. 21: 28–31)――a wise provision because the real culpability of his

owner must vary with circumstances. In another case (Ex. 21: 22), the

suffering party and the judge fixed the amount of the fine.

2. The sin and the trespass offerings sustained a slight relation

to fines, since the party bore the cost of the animal sacrificed――a

young bullock, a kid of goats, etc. These laws may be seen in Lev. 4

and 5 and in Num. 15: 27–29. They pertain to sins of ignorance and of

remissness; never to presumptuous sins. In addition to the cost of the

sacrifice the penalty included a public confession of the offense, and

was well adapted to make a good moral impression.

The special cases which come under this general head of sin and

trespass offerings were――――(1.) Unintentional transgressions of

the Levitical law.――――(2.) The rash oath, ill-considered and not

conscientiously kept (Lev. 5: 4).――――(3.) Perjury in a witness;――not

however the case of false swearing to condemn the innocent, which

was punished by retaliation; but the offense of _not_ testifying what

he knew when put under oath (Lev. 5: 1).――――(4.) Debts due to the

sanctuary――a failure to pay tithes; the penalty being, one-fifth

added to the original amount and all paid, coupled with the trespass

offering (Lev. 5: 14–16).――――(5.) Denying any thing given in trust,

or retaining another man’s lost property which he may have found,

and similar offenses, coupled with false swearing (Lev. 6: 1–7); the

penalty being, to restore with one-fifth added and to make his trespass

offering.――――(6.) Adultery with a slave. The penalty――a sin-offering

and the punishment of death commuted to stripes.

* * * * *

3. _Stripes_ were made the penalty of certain specified crimes (Lev.

19: 20 and Deut. 22: 18). The law was careful to limit the number of

stripes to forty, giving as the reason――“Lest if thou shouldest exceed”

[this number] “then thy brother should seem vile unto thee;” _i. e._

not merely lest the man might lose his self-respect, but lest he lose

the respect of the community, and be hopelessly degraded. In usage

the Hebrews limited the number to thirty-nine――said to have been

administered by thirteen strokes of a triple cord.

4. Of retaliation [“lex talionis”] notice has been taken already.

5. _Excommunication_; excision; being cut off from his people. When

executed by God himself, it meant destruction by some providential

agency. Compare 1 Kings 14: 10 with 15: 29 and 2 Kings 9: 8–10.――――When

executed by human agency, it was capital punishment, usually by stoning

(Ex. 31: 14, and Lev. 17: 4, and 20: 17, 18).

6. The customary modes of capital punishment were two: _stoning_ and

_the sword_. (Deut. 13: 9, 10, and 17: 5, and Josh. 7: 25.) The sword

appears in later ages.

7. _Disgrace after death_ in some cases heightened the penalty,

_e. g._ by burning the dead body (Gen. 38: 24, and Lev. 20: 14, and

21: 9). That in these cases the death was by stoning and the burning

was only that of the dead body, seems to be sufficiently proved from

Josh. 7: 15, 25. “All Israel stoned him” [Achan and his family] “with

stones and burned them with fire _after_ they had stoned them with

stones.” Their very bodies seem to have been thought of as polluted and

_polluting_.――――Another method of posthumous disgrace was by hanging on

a tree (Num. 25: 4, 5 and Deut. 21: 22, 23). The body must not remain

suspended over night “that thy land be not defiled; for he that is

hanged is accursed of God.” See cases of the execution of this law in

Josh. 8: 29 and 10: 26, 27.

Several forms of punishment were introduced from other nations in later

ages which we may omit as foreign from our subject.

In closing this topic let it be noted that judicial procedure and

punishment were summary――both the trial and the execution being carried

through with apparently no delay. Compared on these points with the

most highly civilized countries of our age, the Hebrews have greatly

the advantage, and the efficiency of their law must have been for this

very reason surpassingly great. Their methods afforded but the smallest

possible hope of escape. Punishment followed close on the heels of

detection, and usually, we must presume, of crime.――――Furthermore,

these punishments, compared with those of other nations in that age

were by no means severe. Indeed the modes of capital punishment which

come to view in the Scriptures as existing among other nations were

terribly barbarous compared with those of the Hebrew code; _e. g._

burning in a fiery furnace; being torn in pieces by lions; being sawn

asunder; crucifixion.

The design of punishment is put in the plainest terms. In its severer

forms it is not the discipline of the criminal but the good of the

public――to deter the evil-minded from crime and so to make society safe

from outrage. In the case of presumptuous sins we read――“That man shall

die, and thou shalt put away the evil from Israel, and all the people

shall hear and fear and do no more presumptuously” (Deut. 17: 12, 13

and 19: 20).

It is worthy of special notice under this head that we find in this

code a considerable number of statutes _with no penalty attached_ which

human hands were to inflict. God reserved the infliction of the penalty

to himself. The fear of his displeasure, coupled with his promised

rewards for obedience were the only forces coercing obedience to these

statutes. They were left upon the conscience of the people, and upon

their fears and hopes under a system in which God’s hand in providence

was often made most palpable. For cases in point I may refer to the

laws against usury and requiring favors to be shown to the poor;――as

for example (Deut. 15: 9, 10): “Beware that there be not a thought in

thy wicked heart, saying――The seventh year, the year of release is at

hand, and thine eye be evil against thy poor brother and thou givest

him naught, and he cry unto the Lord against thee and it be sin upon

thee. Thou shalt surely give him, and thine heart shall not be grieved

when thou givest unto him; because that for this thing the Lord thy God

will bless thee in all thy works,” etc.

The moral power of this invisible force upon the heart and conscience

of the people we shall be able to appreciate more justly if we

carefully study the words which stand (Ex. 23: 20–25), _i. e._ at the

close of the first catalogue of the “statutes and judgments.” It seems

to come in here legitimately as a moral force to induce a conscientious

and careful obedience to these statutes. “Behold” (calling special

attention) “behold, I send an angel before thee to keep thee in the

way, and to bring thee into the place which I have prepared. Beware of

him, and obey his voice; provoke him not, for he will not pardon your

transgressions, for my name is in him. But if thou shalt indeed obey

his voice and do all that I speak, then I will be an enemy to thine

enemies,” etc.――――This angel, bearing authority to pardon or not pardon

sins, and of whom the very God could say――“My name is in him” could

be no less than really divine. _Name_ in Hebrew usage as applied to

God involves and implies his real nature――his essential attributes.

Corresponding to this view of “the angel” in this passage is the

injunction to “beware of him and to obey his voice”; and also his power

to forgive sins――“for who can forgive sins but God only”? This passage

therefore affords decisive proof that the personage who manifested

himself to Israel in the pillar of cloud and of fire; whose presence

abode in their tabernacle; whose voice they heard in this holy law――was

truly divine, and yet was mysteriously distinct from the speaker――the

“I”――of this remarkable passage. Truly he was God, manifest――if

not precisely in human flesh――yet in palpable forms, in tangible

demonstrations, in voice of power and tongue of flame; in the luminous

pillar; in perpetual agencies of protection and of supply as to earthly

need; and, not least, as their Ruler and their Lord whose voice in

these statutes it behooved them to hear and obey as they would hope

to be blessed in their national life and in any desirable prosperity.

Hence it was both practicable and wise under this Hebrew system to

leave some statutes upon the naked conscience of the people with no

attempt to enforce obedience save the appeal to this invisible Presence.

These remarks will naturally suggest to the thoughtful mind a train

of inquiries of this sort:――――How can we account for it that the books

of Moses allude so very rarely to the future state of man’s being――to

heaven and to hell? Had even the best men of those times any definite

belief in the future life and in its retribution for deeds done in

this? How happens it that both the law and the rewards or penalties

of their civil code, and indeed of their religious code as well, make

so much account of present retribution and so little of the future?

These points will be treated more conveniently and in a more

satisfactory manner after the religious code shall have been

examined and after we have surveyed the history of Israel in the

wilderness――_i. e._ at the close of the present volume.

There are two historic questions pertaining to this civil code of

the Hebrews which have sufficient interest to justify a few moments’

attention; viz.

I. _How far was this system indebted to Egypt?_

II. _How far have the best civil codes of the most civilized nations of

all subsequent history been indebted to this Hebrew code?_

I. As to the possible relations of this Hebrew code to Egyptian

life and jurisprudence, perhaps the word “indebted” is too strong.

It is by no means intended to disparage the divine originality

of this law or of any and every feature of the system. I assume

two things:――――(1.) That Moses, “learned in all the wisdom of the

Egyptians,” may have had intimate personal acquaintance with very

many things in civil jurisprudence which the Lord taught him in and

through his Egyptian life rather than by immediate and independent

revelation:――――and (2.) That the people became familiar with some

valuable usages and customs connected with Egyptian law and Egyptian

life, and by this means were prepared to receive and adopt them under

this new code and in this new style of life in Canaan, when, without

this previous culture, these laws and usage could not have gone into

operation so readily if at all.

The Hebrew code and its system of jurisprudence――as also the entire

Hebrew national life――were benefited by the Egyptian in the following

points:

1. The example and silent influence of a full civil, written code

of law. That Egypt had such a code admits of no question. The Hebrew

patriarchs, prior to the sojourn in Egypt, had nothing of the sort.

Their life in Egypt therefore gave them their first lessons――their

first ideas, of a complete code of written law. We shall be in small

danger of over-estimating the value of these lessons and ideas in their

bearings upon a higher civilization.

2. Egypt gave to the Hebrew mind the example of a well digested system

of judicial procedure, established courts and forms of trial; laws put

in force by the aid of judges, witnesses, and the systematic execution

of penalties.――――Remarkably the last quarter of a century has brought

to light documentary evidence of a judicial trial in Egypt as far back

as the age of Moses, developing the most finished method; well digested

forms of procedure; a state trial, conducted with great dignity and

decorum; and the whole proceeding put on record so carefully that this

original document is before the world in perfect preservation at this

day.[42]

3. Egypt gave to the children of Israel the example of a national life

_based on agriculture_, as distinct from and indeed opposed to the

wandering, unsettled life of the shepherd. The nomadic mode of life,

perpetuated by necessity to this day in the deserts of Arabia, in which

individual right to the soil is unknown and no family has a fixed home,

each living for the time where its flocks may chance to find herbage

and water――this had been the style of the patriarchs before Jacob went

to Egypt. It was not the best for social and mental culture. God had a

better life for his people prospectively in Canaan, and their residence

in Egypt introduced them to it and gave them a preparation for it. It

made subsistence less precarious; blended the cultivation of the soil

with the care of flocks and herds; provided for a denser population;

greatly enhanced the opportunities for social culture and for such a

religious system as that of Israel. In a word it provided for a much

higher Christian civilization than could have been possible under the

strictly nomadic mode of life. To Egypt, the nation was indebted for

the example and for the training into this agricultural mode of life.

4. In another important respect, the example of the national life

of Egypt was a preordained training for their own national life in

Canaan:――it was that of a people providing for their own wants; living

within themselves; maintaining substantially non-intercourse with

other nations, and for the most part excluding foreign commerce. Such

was Egypt during the residence of Israel there, and such God wisely

designed Israel to be in her promised land of Canaan. As to Israel

in Canaan, the purposes of this policy are obvious――protection from

the contaminating influences of idolatry, not to say also from the

contaminations of luxury and wealth.

5. In Egypt, the priests were the learned class of the empire, and

held the highest responsibilities in the civil and judicial as well

as the religious life of the nation. A system essentially the same was

introduced into Israel, the priests and the Levites holding the same

place in the nation which they had seen held by the priests in Egypt.

6. It is a very noticeable fact in the history of the legal life in

Egypt, that though magic arts were in a sense tolerated and indeed

were resorted to by the king in his emergencies, yet their influence

in society proved to be so pernicious as to demand legal restraint.

We have the record of a man indicted “for many crimes and wickednesses

committed through his magic arts and writings, such as paralyzing limbs,

empowering a slave to do audacious things,” etc. The decision of the

court in his case reads――“For his various abominations, the greatest

in the world, he is condemned to death.”――――It will be remembered that

the Mosaic law held _all_ practice of magic arts to be a penal offense,

punishable with death (Ex. 22: 18 and Lev. 20: 27).

7. In some points the spirit of the Mosaic code was so greatly in

advance of the Egyptian as to stand related to it, not in the way

of imitation or even modification, but of direct opposition. It

held squarely the opposite doctrine and put forth statutes of an

opposite character. Thus, the Egyptian code legalized slavery, and

had its special law for the reclamation of fugitives. Among the

recent discoveries in Egyptian antiquities “A warrant for the arrest

of fugitive slaves” has been brought to light. From the tone of this

warrant and from other evidence, collateral, it is inferred that

slave-holders were obliged by law to register them in a list kept by

government and disputes with regard to ownership must be brought before

the judges. The rights of the master in his slave were not absolute.

It was not by virtue of orders direct from the owner that search was

instituted and arrest made, but by the authority of a high functionary

of government, to whom the case is reported and who issues his mandate.

Thus the government itself put forth its hand to recover a slave

who had escaped from any citizen.――――It was therefore specially

pertinent that the law of Jehovah to Israel should plant itself on

ground precisely the reverse of this:――_no reclamation of fugitives

whatsoever_. Thou shalt _not_ do what Egyptian slave-holders were

authorized by the highest authority of the kingdom to do――force back

the escaped fugitive to his unendurable bondage.

In the line of their religious institutions Israel stood related to

Egypt in numerous particulars, borrowing some things for the adornment

of its tabernacle from Egyptian art; and on the other hand, guarding

by stringent prohibitions against many Egyptian usages associated with

idolatry. These points will be in place after we have considered the

religious institutions of Moses.

II. The second proposed historic question, viz. How far have the best

civil codes of all history and how far has the world at large been

indebted to this Hebrew code?――opens a field of inquiry quite too wide

to be fully canvassed within our prescribed limits. A few hints may

be useful perhaps to guide the further inquiries of the reader. The

following points are put comprehensively and suggestively:

1. Moses sought to impress it upon his people that this system far

surpassed that of any other nation. “Behold, I have taught you statutes

and judgments, even as the Lord my God commanded me.... Keep, therefore,

and do them, for this is your wisdom and understanding in the sight

of all the nations who shall hear of all these statutes and shall say,

Surely this nation is a wise and understanding people, for what great

nation hath their God so nigh to them as the Lord our God is to us

in all that we call upon him for? And what great nation hath statutes

and judgments so righteous as all this law which I set before you this

day”? (Deut. 4: 5–8.)

2. The Hebrew system surpassed all others, especially in this――that

_it gave to human government and law the sanction of God’s authority_,

and enforced them upon the human heart and conscience by this most

impressive and benign of all influences.

3. Preparatory to this result it maintained against the whole Pagan

world the doctrine of _one God_――perfect in character, supreme in power,

righteous in all his administration of rewards and punishments. Only

so could it make the idea of God a really wholesome power and his

authority effective in sustaining civil government.

4. This divinely given code rested upon justice and equity, and

determined every thing by this standard. So doing, it ruled out at once

a multitude of interests and ends which human laws have often sought

to secure. Its example therefore, in so far at least, was simply and

supremely beneficent.

5. In yet further detail, it recognized the common and equal rights of

all men, irrespective of condition, rank, wealth――holding constantly

the doctrine, “_No respect of persons_.”

6. It appreciated at their just value the rights of the poor and of all

that large class who look only to God and to human law for protection.

We come now to the question of historic fact: _Did this Hebrew code

and government send forth its influence upon the nations of ancient

history?_ Did it in any perceptible degree leaven the best systems of

human law and jurisprudence.――――If the proof for the affirmative falls

short of positive certainty, what is its amount of probability?

Here we may fitly consider――

(a.) That God chose for Israel the land of Canaan, in the center of the

ancient world of mind; immediately between Egypt on the one hand and

Babylon, Assyria, Persia――all the great nations of Western Asia――on the

other; and closely contiguous to ancient Greece and Rome.

(b.) That David and Solomon became known to all the great powers of the

world of their time. Solomon’s renown turned largely on the fact that

his people were prosperous and happy, his government well ordered, and

his own wisdom in all affairs of state unsurpassed.――――It is simply

impossible that such examples should drop powerless upon the nations of

the earth.

(c.) That at a later period the personal history of Mordecai, of Esther,

and especially of Daniel in the courts of Nebuchadnezzar and of Cyrus

show that the Jews, their religion, their God, and their law, did

impress themselves upon the greatest centers of influence and power in

their time.

(d.) This dispersion of the Jews at and after their captivity planted

them in large numbers in the chief seats of human science and learning;

in Egypt on the South-West; in Babylon, Persia, and adjacent countries

of the East. It is historically certain that in the age of the

Ptolemies, a large body of learned Jews lived in Egypt; that the Old

Testament was translated into Greek by request of Ptolemy Philadelphus;

that the Egypt of that age was the school of wisdom and jurisprudence

for Ancient Greece and was herself the pupil of Moses.[43]――――That

the best Greek authors knew Moses is matter of history. Longinus

quotes from Moses (Gen. 1: 3) in his treatise on Sublimity; Strabo

makes honorable mention of him as a law-giver; and Diodorus Siculus

acknowledges him to be “the first of legislators from whom all laws

had their origin.” Numenius a Greek philosopher of the Pythagorean

school, speaking of Plato, exclaims――“What is Plato but Moses

Atticising”――_i. e._ teaching in Attic Greek? Origen believed that

Plato drew largely from Moses.――――The list of eminent Grecian authors

and savans who went personally to Egypt for wisdom and science is

long――such as Thales, Anaximander, Anaxagoras, Pythagoras, Plato,

Herodotus. There they came into contact with learned Jews and not

improbably with the writings of Moses.[44] Prof. Wines (p. 335) cites

the learned Grotius as saying――“The most ancient Attic laws, whence

in aftertimes the Roman were derived, owe their origin to Moses’ law.

That the Grecians, especially the Attics, took their laws from Moses

is credible. This is the reason why the Attic laws and the Roman

twelve Tables which sprang from them so much resemble the Hebrew

laws.”――――This similarity between the Attic laws and those of Moses has

been noticed by many other learned men, _e. g._ Josephus, Clement of

Alexandria, Augustine, Sir Matthew Hale, Archbishop Potter. The last

named in his “Grecian Antiquities” has adduced many points of Grecian

law which seem to have been taken from Moses――viz. the laws of divorce;

the purgation oath compared with “the oath of jealousy” among the

Hebrews; the harvest and vintage festival; the law of first-fruits; the

law requiring the best offerings for God; the portion for the priests;

protection to the man-slayer at their altars; requiring priests to be

unblemished; the agrarian law; laws regulating descent of property, and

prohibiting marriage within certain degrees of consanguinity.――――Plato

in his ideal “Republic” is thought to have drawn largely from

Moses.――――Clement of Alexandria accosts him (by Apostrophe)――“But as

for laws, whatever are true were conveyed to thee from the Hebrews.”

These historic facts seem to indicate the definite channel through

which the laws of Moses reached the Grecian mind in its earliest stages

of culture and thus wrought themselves into the great fountains of

Grecian and Roman civilization and jurisprudence.

(e.) There seem to be strong grounds for the general statement that

the greatest reformers of all known history have acted upon the ideas

of Moses, and have probably drawn their doctrines more or less directly

from that fountain. I will venture to place in this category Zoroaster,

Plato, Confucius, Buddha, and Mahomet. These men were in their time

reformers of society, of morals, and of jurisprudence. Their influence

led _toward_ if not fully _unto_ the doctrine of _one God_, and by

natural consequence to a purer morality and juster views of law and

equity; of love to one’s neighbor and purity of life.――――I regret that

my limits forbid any attempt to present the historic evidence which

might support more or less fully these broad, comprehensive statements.

The historic evidence that Zoroaster, Plato, and Mahomet drew from

Moses is very strong. Of the great Indian reformer and of the Chinese

comparatively little is known.

(f.) Of Roman law as finally embodied in the great code of Justinian,

it has been already suggested that its best things came from Moses and

the Septuagint through Greece and the Egypt of the Ptolemies.――――I add

two other remarks:――(a) That in the age of Justinian (first half of

the sixth Christian century) primitive Christianity had quite fully

leavened the public sentiment and thus the jurisprudence of the then

civilized world.――――(b.) That when Justinian created a commission

of learned jurists to “collect the scattered monuments of ancient

jurisprudence,” he recommended them in settling any point to regard

neither the number nor the reputation of the jurisconsults who had

given opinions on the subject, but to be guided solely by reason and

equity.[45]

(g.) Of Alfred the Great (reigned A. D. 871–901) the central testimony

of history is that he was severely _just_. Despite of surroundings

almost barbarous, he rose by dint of his irrepressible manliness to

become the greatest legislator and scholar of his age, and so was able

to lay the foundations for the best and truest glory of the English

name. The common law of England and of the English-speaking world

began its development under his hand. One fact is of itself a volume of

testimony to the spirit of this ancient law. When after a long struggle

Wilberforce brought the question before the English bench――Does English

law sanction human bondage? the world heard the answer――_Never_.

“Slaves can not breathe in England.” What moment they take in her pure

air, they are free! The spirit of her law from the days of Alfred was

justice and righteousness between a man and his neighbor. The laws

of Moses were in Alfred’s eye; the spirit of those laws filled and

fired his noble soul. It is currently said that the telling words

which describe the needy as “_God’s poor_” are original (for our mother

Saxon tongue) with him. Moses had reiterated the sentiment long ages

before.――――Sir Matthew Hale has traced the influence of the Bible

generally on the laws of England. Sismondi testifies that Alfred, in

causing a republication of the Saxon laws, inserted several statutes

taken from the code of Moses, to give new strength and cogency to the

principles of morality.

“Thus have the principles of the Mosaic code found their way to

a greater or less extent into the jurisprudence of all civilized

nations.” [Wines――p. 337.]

It falls within our plan to speak briefly of the civil code of Moses

_as a series of progressive revelations of God to man_.

I have spoken of the law of Sinai as a manifestation of God to man at

once sublime in its majesty and most benignly practical in its moral

bearings. The civil code――“the statutes and judgments”――carry out yet

more fully the practical unfoldings of God’s wisdom and of his sense

of justice and right as between man and man. It is not easy to select

the most striking cases to illustrate this point, for the whole code

is radiant with divine wisdom and aglow with testimonies of his love,

manifesting itself in wisest legislation for human welfare.――――Confining

our attention to the second table of the law of Sinai――man’s relation

to his fellow-man――we may consider how much there is here adapted to

conserve all the best elements of society――in securing the honor due

to parents and rulers; in guarding human life and providing the means

for its protection; in making the marriage covenant sacred; on the

one hand shielding the sexual relation of the race against abuses

most pernicious; and on the other, providing agencies which may enrich

man’s social life with priceless blessings. So also the statutes in

detail respecting rights of property and rights of reputation are

replete with fresh testimonies to the wisdom and the love of the Great

Father.――――Speaking frankly of the impressions made on my mind by this

study of the code of Moses, I must say that no part has seemed to me

more deeply imbued with the tenderness and pity of the Lord than the

provisions made for the poor, and the restrictions and limitations

upon personal servitude. In all his utterances on these points the Lord

assumes that no interests of man more need his protection than these,

and he comes promptly to the front to give it. He would have us know

that over these interests his watchful eye never sleeps; his quick ear

is never shut to any cry for help. The rich and the mighty may get on

without his special aid; the poor are his own wards and shall never

lack his sympathy nor his present hand. Human laws are in great part

worthless――at least they miss their most important function――unless

they make it their chief endeavor to protect the interests and rights

of those who, powerless in themselves, drop upon the strong arm of law

for their defence. Society and legislation might as well not be as to

forget that they exist as appointed of God mainly for the sake of the

poor and the otherwise unprotected and unbefriended. Such needy ones

every human society will have for the moral trial of those who control

society, and I may add, to draw out the sympathy of the Great Father.

These revelations of himself stand forth in sunlight throughout this

Mosaic code. They are a glorious advance upon all that the world had

seen before. The true mission of civil law is brought out here with

great fullness; for it seems to be every-where assumed that if laws

protect and befriend the poor, they protect and befriend _all_. If the

spirit of law faithfully guards their interests, it can not well fail

to guard all interests that need the guardianship of human legislation.

It is a priceless boon to the race to have these ideas so beautifully

set forth and so substantially embodied in a code of laws fresh from

the hand and from the heart of the Infinite Father.

The Pentateuch, in Its Progressive Revelations of God to Men · 第 17 / 21 章