Deuteronomy 19
DOYLYDeuteronomy 19:4
- And this is the case of the slayer, &c.] As murder implies the highest degree of malignity to which human depravity can ascend, so it was pursued with just rigour by the Jewish law. But the wisdom of the law, in securing a fair trial for this offence, so apt to rouse immediate revenge, and in providing asylums for those who were not guilty of deliberate murder, but of manslaughter, is so conspicuous as to have attracted the notice of the most judicious modern reasoners on criminal law. The sagacious Montesquieu observes, “These laws of Moses were perfectly wise; the man, who involuntarily killed another, was innocent, but he was obliged to be taken away from before the eyes of the relatives of the deceased; Moses therefore appointed an asylum for such unfortunate persons: great criminals deserved not a place of safety, and they had none: the criminals, who would resort to the temple from all parts, might disturb Divine service: if persons, who had committed manslaughter, had been driven out of the country, as was customary among the Greeks, there was reason to fear they would worship strange gods. All these considerations made them establish cities of refuge, where they might remain until the death of the high priest.” Dr. Graves. unto thy fathers, and give thee all the land which he promised to give unto thy fathers;
Deuteronomy 19:12
- — the elders of his city] As soon as the Hebrews began to be formed into a people, they were governed by “elders,” so called because in general they were persons advanced in years. When Moses returned into Egypt to promise them that God would set them at liberty, he assembled “the elders” together, Exod. iv. 29; and performed the miracles, which were the proof of his ministry, in their presence. “All the elders of Israel” came to the feast, which he made for Jethro his father in law, Exod. xviii. 12. When God thought fit to give him council to relieve him in governing that great people, “Gather unto me,” said He, “seventy men of the elders of Israel, whom thou knowest to be the elders of the people, and officers over them,” Numb. xi. 16. So that they had already authority, before the law was given, and the state had taken its form. Afterwards in the Scriptur, when mention is made of assemblies and public affairs, the elders are put in the first place, and sometimes named alone. Fleury.
Deuteronomy 19:14
- Thou shalt not remove thy neighbour’s landmark.] This precept is very seasonably subjoined to that of manslaughter and murder; the removing of landmarks being an occasion of great quarrels and bloodshed: and it was not to be allowed, inasmuch as it was against the constitution of their forefathers, who divided the several bounds of their inheritance by Divine direction, as is intimated in the following words. Bp. Kidder. This precept was as necessary to be observed in all other countries, as in that which was the proper inheritance of the Israelites: for, as Josephus truly observes, “They that remove the bounds of lands, are not very far from subverting all laws.” Bp. Patrick. Before CHRIST 1461. d Josh. 20. 7. Two witnesses at the least. The priest’s exhortation. Before CHRIST 1441. e Chap. 17. 8. Hebr. 10. 23. Numb. 33. 30. Matth. 18. 16. John 8. 17.
Deuteronomy 19:16
- One witness shall not rise up &c.] In civil or criminal matters, especially of a high or capital kind, less than two witnesses were not allowed to convict any man. Though, in pecuniary cases, one might be enough to bring the accused person upon his oath. Pyle.
Deuteronomy 19:17
- Then both the men, &c.] Both the accuser and the accused were to come in obscure cases to the supreme court, where the sanctuary was settled. This court probably sat at the door of the tabernacle in the time of Moses, chap. xvii. 8, 12, and so might properly be said to try them “before the Lord.” Bp. Patrick.
Deuteronomy 19:19
- Then shall ye do unto him, &c.] The Law of Moses, which condemns the crime of “false witness,” inflicts upon it a very suitable punishment, namely, retaliation. He, who would thus deprive another of his liberty, his property, or his life, was to suffer the same evil, which he would unjustly bring upon his neighbour. This was a law of the Egyptians, and of other nations: but it is so reasonable, that it may be accounted a law of nature, and the voice of humanity and of common sense. Dr. Jortin.
Deuteronomy 19:21
- And thine eye shall not pity: &c.] Such is the rule of the Mosaical Law: because by means of false witness the good name, the property, the livelihood, the life of an innocent person may be taken away; the advantages of society defeated, nay, perverted into mischiefs; and the very bonds of it dissolved. With us, indeed, the punishment extends not so far. But however mild such persons may find the penalties of human laws to be, or how artfully soever they may evade them, God hath declared, “A false witness shall not be unpunished, and he that speaketh lies shall not escape,” Prov. xix. 5. Abp. Secker. See the note on Levit. xxiv. 19. Chap. XX. ver. 1.—horses, and chariots.] The Israelitish armies consisted all of foot, and their law seems to have obliged them to continue so, chap. xvii. 16, in order to a more entire reliance upon God. See the note there. While the Egyptians, Canaanites, and other nations, had the advantage of horse and chariots; that is, chariots armed with scythes, to rush in among the foot, and cut them down like grass. These are the chariots of iron, mentioned in Josh. xi. 4; Judg. iv. 3. Pyle. See the notes on Exod. xiv. 7. — be not afraid of them.] The Israelites were trained up to confide in God, and not in horses, which their country did not afford, and consequently they had no chariots; nor in multitude of soldiers. We find remarkable instances of this, particularly in Jehoshaphat,