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Harmony of the Law - Volume 2

Deuteronomy 17:2-5, 7

2. If there be found among you, within any of thy gates which the LORD thy God giveth thee, man or woman, that hath wrought wickedness in the sight of the LORD thy God, in transgressing his covenant,
2. Si inventus fuerit in medio tui, in una portarum tuarum, quas Jehova Deus tuus dat tibi, vir sire mulier qui fecerit malum in oculis Jehovae Dei tui, ad transgrediendum pactum ejus:
3. And hath gone and served other gods, and worshipped them, either the sun, or moon, or any of the host of heaven, which I have not commanded;
3. Iveritque et coluerit deos alienos: et adoraverit eos, solem aut lunam, aut universum exercitum coelorum, quod ego non praecepi:
4. And it be told thee, and thou hast heard of it, and enquired diligently, and, behold, it be true, and the thing certain, that such abomination is wrought in Israel:
4. Et nuntiatum fuerit tibi, audierisque: tune probe inquires: et ecce, si verus et certus fuerit sermo, et facta fuerit abominatio haec in Israel:
5. Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die.
5. Educes virum illum, aut mulierem illam, qui commiserunt facinus illud pravum ad portas tuas, virum, aut mulierem, et obrues cos lapidibus donec moriantur.
7. The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people. So thou shalt put the evil away from among you.
7. Marius testium primo erit in eum ad occidendum ipsum, et manus populi postea: exterminabisque malum e medio tui.

2. If there be found among you. The same punishment is here decreed against idolaters, to which apostates had been before condemned; and thus either transgression is declared a capital crime. Hence we gather that it is accounted before God no less weighty a sin to violate His worship by gross and impure superstitions, than openly and professedly to fall away from religion altogether. Thus in Ezekiel 20:39, He bids farewell to the Jews, and as it were emancipates them, that they may go every one after his idols, when they are no longer contented with Him alone. Whilst God, however, is so rigid an exactor of punishment, He would not have judgment pronounced precipitately. These are tokens of severity, that a woman as well as a man is to be slain; that the whole people should unite in stoning them; that the evil should be removed from the midst of the land, lest the abomination should continue unpunished. On the other hand moderation is to be observed, since diligent inquiry is to be made, nor is sentence to be pronounced unless the matter is fully proved; and again, that the trial may be lawful, the accusation of one man is not to convict the accused. God therefore would not have the judges, under pretext of zeal, shed blood inconsiderately; but only, after mature inquiry, the criminal was to be punished in proportion to his transgression. By synecdoche he speaks of their cities under the name of "gates," and alludes to the land having been "given" them, that they might not shew their want of gratitude to God by profaning it. He marks too the heinous nature of the offense, by calling it the "transgressing of God's covenant;" as much as to say that all who go aside unto idols are covenant-breakers. For the thief, and the fornicator, and the drunkard, and such like transgress the Law indeed, but still are not placed in this category. In fine, it is not simple impiety which is here punished, but the perfidy whereby true religion is forsaken, after men have devoted themselves to God, and professed themselves to be of the number of His people. The repetition of the words "that man or that woman," more fully confirms what I have said, viz., that although the weakness of the female sex may extenuate their guilt, yet must they not be pardoned in such a case as this, where God's worship is directly violated. Although mention is only made of the sun, and moon, and stars, the same thing applies to images also; nay, inasmuch as it is baser to transfer God's honor to dead stones or stocks, than to those constellations in which something divine shines forth, so much more detestable are they who plunge themselves into such stupidity.

4. Then three shalt inquire1 diligently. Although this moderation here refers only to the present matter, yet should it always be maintained in judicial proceedings, lest innocent persons should be treated with undue severity. Again, we must remember what I have said elsewhere, that judges are here not only restrained from precipitate condemnation, but also stimulated to beware of passing over, in idleness or negligence, anything that was necessary to be known. For they often fail in their duty, because they wilfully connive at guilt; and thus that which would be manifest if they would be at the pains to make more diligent inquiry, does not come to light. God, then, would not have them slumber nor take no notice of sinister reports, but rather inquire diligently as to things which may have come to their cars, so that no crime may remain unpunished. The same is the case as to witnesses; for whilst it would be unjust to pronounce sentence on the testimony of one man, still, if two or three will not suffice, there would be no end to litigation. Fitly, then, has God prescribed to judges both that they shall not be rashly credulous, and yet that they shall be content with the lawful number of witnesses; but this point will be more largely treated of elsewhere in commenting both on the Sixth and Ninth Commandments.

7. The hands of the witnesses shall be first. It was not without reason that God would have criminals put to death by the hand of those by whose testimony they were condemned. The ancient people did not employ public executioners, that there might be more solemnity, modesty, and reverence in the infliction of punishments. This office he peculiarly enjoins upon the witnesses, because the tongue of many is too hasty, not to say worse of it, so that they do not hesitate to stab people verbally, when they would not dare to lay a finger upon them. This, then, was an excellent remedy for the repression of light accusations, not to admit the testimony of any, whose hand was not prepared to execute the sentence. Stoning was indeed a sad and horrible kind of punishment; but it is probable that God made choice of it because it required the application of many hands. If hanging had not been in use, God would have commanded in vain that the corpse of a man who had been hanged should be taken down from the tree before sunset. (Deuteronomy 21:23.) There were, therefore, other kinds of capital punishment; but when the land was to be purged, as by a propitiation, by the death of the sinner, he was to be stoned by the hands of the whole people, since it would have been cruel for him to be slain by a lingering death, which would have been the case if they had stoned him one after another. The reason why the people were commanded to cast the stones with one consent was, that they might give proof of their zeal, and manifest their great indignation that God's worship had been violated.

Exodus

Exodus 20:7

7. Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.
7. Non sumes nomen Jehovae Dei tui in vanum: quia non absolvet eum Jehova qui nomen suum sumpserit in vanum.

its repetition

Deuteronomy

Deuteronomy 5:11

11. Thou shalt not take the name of the LORD thy God in vain: for the LORD will not hold him guiltless that taketh his name in vain.
11. Non sumes nomen Jehovae Dei tui in vanum: quia non absolvet Jehova eum qui nomen suum sumpserit in vanum.

Exodus 20:7. Thou shalt not take the name. There is a manifest synecdoche in this Commandment; for in order that God may procure for His name its due reverence, He forbids its being taken in vain, especially in oaths. Whence we infer on the other hand an affirmative commandment, that every oath should be a testimony of true piety, whereby the majesty of God Himself should obtain its proper glory. Moreover, it is clear that not only when we swear by God, His name is to be reverently honored, but whenever mention of it is made. Thus in these words He maintains His holiness not only in His word, but also in His works, against all profane contempt of it. We shall soon see that to swear by God's name is a species or part of religious worship, and this is manifest too from the words of Isaiah 45:23; for when he predicts that all nations shall devote themselves to pure religion, he thus speaks, "As I live, saith the Lord, every knee shall bow to me, and every tongue shall swear by me."2 Now, if the bowing of the knees be a token of adoration, this swearing which is connected with it is equivalent to an acknowledgment that He is God. Since, then, reason dictates that the species is put for the genus, we must see what is to be understood by God's name, and by the adverb lsv', leshav. It is silly and childish to restrict this to the name Jehovah,3 as if God's majesty were confined to letters or syllables; but, whereas His essence is invisible, His name is set before us as an image, in so far as God manifests Himself to us, and is distinctly made known to us by His own marks, just as men are each by his own name. On this ground Christ teaches that God's name is comprehended in the heavens, the earth, the temple, the altar, (Matthew 5:34,) because His glory is conspicuous in them. Consequently, God's name is profaned whenever any detraction is made from His supreme wisdom, infinite power, justice, truth, clemency, and rectitude. If a shorter definition be preferred, let us say that His name is what Paul calls to gnoston, "that which may be known" of Him. (Romans 1:19.)

God's name, then, is taken in vain, not only when any one abuses it by perjury, but when it is lightly and disrespectfully adduced in proof of frivolous and trifling matters: I speak with respect to oaths. In this, however, man's ingratitude is very gross, that when God grants them His name, as if at their entreaty, to put an end to their strifes and to be a pledge of their truth, still it flies promiscuously from their mouths not without manifest disrespect. God will again condemn perjury in the Fifth Commandment of the Second Table, viz., in so far as it offends against and violates charity by injuring our neighbors. The aim and object of this Commandment is different, i.e., that the honor due to God may be unsullied; that we should only speak of Him religiously; that becoming veneration of Him should be maintained among us. The word lsv', leshau, might indeed be translated "for falsehood," and in this sense we shall see it used elsewhere; but since it often is equivalent to chnm, chinam, which means gratuitously, or in vain, this exposition seems to be most appropriate. In this, too, fuller and richer instruction is contained, viz., that men should not drag in His name in light matters, as in sport or derision of Him, which cannot be done without insulting and profaning it. And thus the holiness of God's name, which preserves us in His fear and in true piety, is contrasted with the particle lsv', leshau. But since nothing is more difficult than to restrain men's licentiousness in this respect, and to excuse or at least diminish the sin, the slipperiness of the tongue is pleaded, its punishment is here denounced: that if God's name is rashly exposed to reproach or contempt, He will avenge it. The more hardened, therefore, in their licentiousness they may be, the less will be their impunity; so far is depraved habit from diminishing the guilt.

Leviticus

Leviticus 19:12

12. And ye shall not swear by my name falsely, neither shalt thou profane the name of thy God: I am the LORD.
12. Non jurabitis per nomen meum mendaciter, nec profanabis nomen Dei tui: ego Jehova.

Deuteronomy

Deuteronomy 6:13

13.... shalt swear by his name.
13. Per nomen ejus jurabis.

Deuteronomy 10:20

20.... swear by his name.
20. In nomine ejus jurabis.

Leviticus 19:12. And ye shall not swear by my name falsely. Although Moses is treating of the duties of the Second Table, and had previously forbidden men to deal fraudulently with their neighbors, he still adds this sentence by way of confirmation. It may, however, be inferred from the second clause of the verse that He directly had regard to the glory of God when he says, "Thou shalt not profane the name of thy God." For raging greediness after gain causes the avaricious and rapacious man not only to defraud men, but to become insolent to God Himself. Moses, therefore, although he is professedly condemning the falsehood and deceit whereby our neighbors are injured, at the same time takes occasion to introduce the declaration that we must beware lest, whilst covetousness impels us to do wrong, injury should be done not only to men but to God Himself also. The word used here, however, is not sv', shau, as before, but sqr, sheker, which properly signifies deceitfulness; and therefore I have said that it enjoins us to beware lest any one by his perjury should do any injury to his neighbor; nevertheless, that this prohibition has direct reference to the Third Commandment, since Moses especially insists on this point, that God's name is profaned by perjury, and thus he not only inculcates integrity, but also has regard to religion, that God's majesty may not be violated. The expression is worthy of notice, "Thou shalt not pollute the name of God," because God, who is eternal and immutable truth, cannot be more grossly insulted than by being summoned as a witness to falsehood, which is assuredly a shameful and wicked pollution. This was not regarded by the heathen, who, although they pretended to reverence God's name in their oaths, yet made no scruple of deceiving, if he whom they had promised deserved it. Thyestes in the poet says, "I never have pledged my faith, nor do I pledge it to any faithless person;"4 since his brother was a villain, he considered that he lay under no valid obligation to him. This is as if God's majesty were dependent upon men's deservings, so that it was allowable to call Him to witness whilst we deal deceitfully. Let this, then, be our firm conclusion, that in our oaths God is first to be regarded, whose holy name is more precious than a hundred worlds.

Notes

  1. A.V., translates this word in the past tense, "and hast inquired." ↩
  2. The quotation more nearly accords with the Apostle's citation in Romans 14:11, than with the original passage in Isaiah. See Owen's note in C.'s Romans, (C. Society's Edition, p. 503.) ↩
  3. "Au mot Hebrieu, qui nous translatons l'Eternel;" to the Hebrew word, which we translate the Eternal. — Fr. ↩
  4. Cic. de Off. 3 28, 29. "Deinde illud etiam apud Actium Fregisti fidem. Neque dedi neque do infideli cuiquam, quanquam ab impio rege dicitur, luculente tamen dicitur. "Nam illud quidem, Neque dedi, neque do fidem in fideli cuiquam, idcirco recte a poeta; quia, cum tractaretur Atreus, personae serviendum fuit." ↩
Deuteronomy 17:2-5, 7 — Commentaries on the rest of the Bible (~45 volumes) · John Calvin · Cloud of Witnesses