* ſometimes be praiſed in the letter, yer ir was not neceſlarily ro be underſtood and executed fo; as may appear, 1: by the impoſſibility of the juſt execution of it in many cafes, as when a man that hid but one Eye or Hand, was to loſe the other, which to him was a far greater miſchief than what he did to his N-+ghbour, whom he depri- ved but of one of his Eyes or Hands. Aud tiis is a ſure and righre» ous Rule,Puniſhments may be leſs, but never ſhou'd be greater than the Fault, And how could a wound be made neither bigger nor leſs thin that which he inflicted ? 2. By comparing this with other Laws, wherein a compenſation is allowed in like cafes, as wer. 18; 30: And when it is enjoined, that 10 ſatisfattion ſhall be taken for the life of a wilful murtherer, Num: 35:31; it ſeems therein implied, rhat ſatisfaction may be taken for lefſzr injuries. And indeed the pay- ment of ſuch a price, as the loſs ofan Eye, or Hand, or Foor, re- quired,though it mighr nor ſo much ſatisfy the revenge of theParty ſo injured, yet it was really moreto his benefit. This Law therefore was only minarory,but ſo as it was /iterally ro be inflicted,exceprt the injuring Party would give ſuch ſatisfaftion as the injured Perſon ac- cepted, or the Judges determined»
25 Burning for burning, wound for wound, ſtripe for {tripe. 26 And if a man fmite the eye of his ſervant «,or the
eye of his maid, thart it perisch, he shalllet them go free for his eyes ſake.
u Which ſome conſine to the 1/raelitiſh Servants, but the Text doth not ſo limit it ; and the reaſon of the L:w ſeems tro reach to Genti/e- ſervants, this being a juſt puniſhment ro unmerciful Mifters, ( who ought to be mercifull to their Beaſts, much more to ſuch Servants ) and a fir recompencse to a Servant for ſuch a Joſs. And this Law reacherh the loſs of any other Member, theſ: rwo being inftanced in, the one as the chief, and the other as the meaneſt, ro intimate that other parts of a like or middle nature are included.
27 And ifhe ſmite our his man-ſervants tooth, or his maid-ſervants tooth, he $hall let him go free for his
tooths ſake.
; woman, verſe 29, And this is Added, leſt the foregoing ſenſ: ſhould
+ yant, he ſhall give untotheir maſter thirty ſhekels 4; and
. it x, and the dead ox alle they ſhall divide.
| | | | {
28 EC ifanoxx gore a man or a woman that they die, *Gen.g:s. then * the ox shali be ſurely {toned y. and his tlesh Shall * not be eaten | ; but rhe owner of the ox 5hall be quit,
Chap. XXI
x Under which you are to underſtand 2ny other Creatures of like nature which hurt a Man in ſuch a dangerous manner, whether with their Horns, or Teeth, or Feet ; bur he mentions only the Ox or Bull, and his goring with his Horn, bec:uſe this is moſt frequently done, y Partly to prevent future miſchief: from that Creature; part= ly to puniſh its Maſter for his negligence in not keeping itin; and principally for Man's admeniticon, for whom ſeing the Beaſts were nadezit 1s not ſtrange nor unjuſt if it be deſtroyed for Man's grod,
God would hereby fhew that he wonld not ; and Men ſhould not ſpare a wilfal Murderer FBoth becauſeirwas forbidden f-0d,itsBlood being not let out ; and for the Puniſhmenr of rhe Owner who was hereby hindred from the ale of it, ro beget in all the greater deteſ* tation of Murderers, when they obſerve the poor Beaſt upon this aC= count accurſed, and therefore not to be touched or rated, 29 Burif the ox were wont to push with his horn in time paſt, and it hath been teſtified z to his owner, and he hagh nor kept him in, but that he hath killed a manor a woman 4, the ox $hall be ftened, and his ow= ner alſo s;all be pur to death. |
= Which the Jews ſzy was to be done thrice, and before the Ma- giftrate, a towit, an raclite, ora tranger who is free, by Compa= 11ng this with verſe 3 2:
30 Ifthere he laid on him a ſum ofmoney, then he + Num Shall give for * the ranſome of his life whatſoever is 35: 31; laid upen him.
6 Either by the avenger of Blood, the next a-kin to the party ſlain, who is willing to exchange the Puniſhment ; or by the Judge, who may diſcern ſome circumſtznces, which may much leflen the Crime, as1f an Ox had broken his Cords wherewith he was tyed, or broke
forth through the careleſneſs or wickedneſs of his Servant to whoſe care he was commitrred.
31 Whether he have gored a ſon c, or have goreda daughter, according to this judgment ſhall it be done unto him, |
c Names ſignifying their tender Age, in reſpe&@ of the man or
be reſtrained to their Parents, whoſe lives wer more precious,and therefore their loſs greater. , |
32 Ifthe ox ſhall puſh a man-ſervant, or a maid-ſer-
the ox ſhall be ſtoned. 4 The ha!fthe freeman's Price, See on Matth. 26; rg. : 33 4 And ifa man $hall open a pit, or if a man shall dig a pit e, and not cover it, and an ox or an afs fall therein ; | e If a Man ſhall either oper an old Pit, which hath been covered with Earth ; or 4ig a new p-?, to wit,in a publick way, as the rea- ſon of the Law ſhews ; for if it were done in a Man's own Houſe or Ground, there was no danger of ſuch an accident, except the Beaſt tranſgrefled his bounds, and then rhe man was not cuipable. 34 Tte owner of the pit fshall make iz good, end give money f unto the owner of them, and the dead beaſt shall be his. | f C2 e:) He by whoſe Hand or Command it was made, f Equal to the worth of che dead Beaſt, in the opinion of the Judge. 35 4 Andif onemans ox hurt another that the die, then they shall ſell the live ox,and divide the money of
g Not equally, for ſo the Owner of the miſchievous Ox © might be gainer by the miſchief, his Ox being much worſe than that which was killed ; but in ſuch proportions as the Judges ſha!l rhink fir, conſidering the worth of the Cartel, and the circumſtanees of the Action.
35 Or ifit be known that the ox hath uſed tro puſh
in time paſt, and his owner hath not kept him in, he (hall ſurely pay ox for ox &, and the dead {hall be his Own,
þ An Ox of equal value with thar {lain Ox,
worth of it. | CHAP. XXII
Of theft, 1--»=3: Of eating anocher man's wmeyard, 5. Of hurt come" ing by fire, 6. of hurt coming to goods committed to ones truſt, 75..--=1 35 Of hurs befalling things borrowed, 15, Of committing adultery, 16: 17: Of witchcraft, 18 Of uncleann:ſs with beaſts, 19. Of idelatry, 20. The: none ſhall hurt ſtrangers, or widows, 22----24: Of uſury, 25. Of pawning clothes, 27, Of honouring magiſtrates, 28. Of the firſt ſruits.29,