Exposition of the Moral Law, Book 2 · Commandment 9 · Exercitation 1
EXERCITAT I. That a Judge may be a falſe witneſſe.
Exod. 20.16. Thou ſhalt not beare falſe witneſſe againſt thy neighbour.
THis Commandement is broken either in judgement or out of judgement.
The perſons who concurre in judgement are firſt, the Iudge,foreign Index. foreign Dominus Iudicij. foreign Filius iudicij foreign Debitor. foreign Ad…ocatus. foreign Ʋiri litis vel contentionum. foreign Adverſarij Five ſorts of perſon; may heare falſe witneſſe in judgement. and hee is firſt called by the Hebrewes; Shophet. Secondly, bagnal miſhphat, he that hath his cauſe to be tryed before the Iudge. Thirdly, Ben Dina, filius judicij, the guilty perſon, and hee is called alſo chobhel, debitor, or creditor. Fourthly, the witneſſes. Fiftly, melitz, the advocate. The parties who were tryed in judgement, were called anſhe ribhoth, virilitis, vel adverſarij, all theſe may beare falſe witneſſe in judgement.
Firſt, the Iudge may be a falſe witneſſe; the Iudge is bound to doe two things, Iuſtice, and Iudgement. Hee is bound to do Iuſtice, that is, to protect the innocent, & to deliver them from oppreſſion. Iob. 29.17. I brake the jawes of the wicked, and pluckt the ſpoyle out of his teeth. The Iudge may pervert two things, juſtice, and judgement.A good Iudge ſhould doe as David did, who ſmote the lion and tooke the lambe out of his mouth, 1. Sam. 17.35. but Saul reſerved Agag the wolfe that he might kill the lambes, 1 Sam. 15.9.
The ſecond part of the Iudge dutie is, to doe judgement, that is, to puniſh the wicked: and that hee may performe this dutie rightly,An upright judge is to doe two things. hee muſt proceed two wayes, either per ſcrutinium, by ſearching out the matter diligently if there be no witneſſes, Iob. 29.16. The cauſe which I knew not I ſearched out, a Iudge ſhould digge through the wall to finde out abominations, as Ezekiel did, Ezek. 8.8. Secondly, if hee would judge rightly, hee muſt trye out the truth per teſtes.
Firſt, a Iudge, who is the Lords deputie muſt ſtudy to imitate the Lord who is the great Iudge of the world who cannot doe wrong:A Iudge muſt incline to neither hand. Gen. 18.25. he muſt not incline more to the one part then to the other, untill hee have tryed the cauſe; and as the Arithmeticall midſt is equally diſtant from both the extremes, ſo muſt the Iudge ſtand neutrally affected to both the parties, and encline neither to the one, nor to the other: and as the tongue of the balance ſtandeth equally to both the ſcales, ſo muſt the Iudge to both the parties, and the Hebrewes obſerve, that oſnaijm is both called the eares, and a paire of ballances, for even as the tongue of the balance ſtandeth as a judge betwixt the two ſcales,foreign Aures. Bilances. and enclineth to neither of them, untill the weight be laid into the ſcales, ſo ſhould the eares of the Iudge ſtand equally affected to both the parties untill hee heare their reaſons.
Secondly, the great Iudge of the world enquireth before hee judgeth, he will come downe and ſee whether they have done altogether according to the crie of the ſinne,A Iudge muſt enquire before he judge. Gen. 18.21. Licet ſint Deo aperta, non tamen punivit audita, ſed viſa, albeit nothing be hid from God, for all things are naked before him, Heb. 4. yet hee puniſhed not thoſe things which hee heard onelyonly, but what he ſaw. And the councell of Lateran adviſed Iudges to learne of God himſelfe to trie and examine:
Thirdly,A Iudge muſt not judge raſhly. the great Iudge of the world judgeth not raſhly; temeritie and inconſiderateneſſe are principall motives to make a Iudge erre in judgment, as we ſee in the caſe of Davids judging betwixt Mephiboſeth and Ziba: Firſt, David promiſed and ſwore that he would bee a friend to Ionathan. 1. Sam. 19. and remembring his oath, he gave his lands to his ſonne Mephiboſeth; yet by the falſe accuſations of Ziba, and Davids ſurmiſing, that Mephiboſeth affected the kingdome, hee will give the whole lands of Mephiboſeth to Ziba; and which is more, when hee knew the truth, and ſaw the treachery of Ziba; yet hee would not recall his former ſentence, but ſaid, Why ſpeakeſt thou any more of thy matters? I have ſaid, thou and Ziba divide the land. 2. Sam. 19.29. not unlike unto Pilate who ſaid, quod ſcripſi ſcripſi, & which is worſt of all; he admitted Ziba to be one of his courtiours; albeit, he was ſuch a notable lyar and a ſeditious man, and deſerved rather death then preferment.
But it may be ſaid that David in ſuch a doubtfull caſe did wiſely, Obj. Davids raſh iudgement ſeemes to be excuſed.in bidding them divide the inheritance betwixt them, as Salomon bid them divide the children betwixt the women; for if David had given all to Mephiboſeth, this might have beene thought a meanes to have puffed him up the more to affect the kingdome; but taking the halfe of the land from him, hee clippeth his wings; and Salomon knew by the anſwere of the woman when ſhe bad give the whole child, not parted, that ſhe was the mother of the child. So when Mephiboſeth biddeth Ziba take all, by this it might have beene gathered that he was to affect the kingdome, not being content with ſo little a portion; and as Salomon ſuſpected that Adonijah affected the kingdome, becauſe hee would have married Abiſhag: ſo might David have ſuſpected Mephiboſeth to affect the kingdome, becauſe he was not content with the halfe of the inheritance.
Anſw. David erred in raſh judgement.But David being wiſe according to the wiſedome of an Angell of God, 2. Sam. 14.20. he ſhould not have believed the ſlanderous reports of Ziba, his charitie rather ſhould have led him, when hee heard good Mephiboſeth renounce all becauſe of the Kings ſafe returne, and that hee would give Ziba the whole inheritance, to be of another judgement; that Mephiboſeth being a lame creature and a dead dogge (as hee called himſelfe) affected not the kingdome. There was great temeritie and raſhneſſe in David, giving out judgement here.
Moſes was ignorant of foure cauſes which he was to conſult with the Lord for.There were four cauſes which came before Moſes, the firſt of thoſe who were uncleane by touching the dead, and might not eate the Paſſeover upon the fourteenth day of the firſt monethmonth. Num. 9.6. in this caſe, becauſe he was ignorant of it, he ſaid, Stand ſtill, and I will heare what the Lord will command concerning you.
The ſecond cauſe was that concerning the daughters of Zelophehad who did ſue for an inheritance, becauſe Moſes was ignorant of that cauſe, therefore he brought it before the Lord. Num. 27.5.
The third cauſe was of him who blaſphemed the name of God; becauſe he was ignorant of this, he put him in ward that the minde of the Lord might be ſhewed them. Levit. 24.12.
The fourth cauſe which came before him was this, what ſhould bee done with him who gathered ſticks upon the Sabbath day; becauſe he was ignorant of this cauſe, therefore they put him ward, becauſe it was not declared what ſhould bee done to him. This ſhould teach Iudges not to proceed raſhly in judgement, but to learne of Moſes to aske the Lord, & to know his minde before they give out ſentence.
Fourthly,foreign Ioh. 3.7. foreign. Iud. verſ. 16. A iudge ſhould not bee an accepter of perſone. the great Iudge of the world accepteth not perſons in judgement, he judgeth not according to the judgement of the eyes, that is, he looketh not to the outward appearance of things. When Samuel ſaw Eliab, a man of tall ſtature; he ſaid, Surely the Lords annoynted is before me, but the Lord ſaid to Samuel, The Lord ſeeth not as man ſeeth, for man looketh on the outward appearance, but the Lord looketh on the heart, He hath not eyes of fleſh. Iob. 10.4.foreign quorum ius purum eſt a foreign lex eorum & foreign purum. A Iudge ſhould looke as neere to the cauſe as he can, that he bee not an accepter of perſons; a Iudge is called detabhraja. Dan. 3.2. becauſe he ſhould adminiſter pure juſtice.
Iudges adminiſter not pure juſtice when they reſpect the perſons of men.
The word perſon here is taken for any thing which the Iudges reſpect, beſides the cauſe.
Firſt, perſon is taken for a mans riches. Iam 2.3.Acception of perſons conſidered diverſe wayes Librare juſtitiam. Pſal. 58.2. The ballance ſhould be equall making no difference betwixt lead and gold. For if there come into your aſſembly a man with a gold ring, in goodly apparrell, and there come in alſo a poore man in vile rayment, and if ye have reſpect to him that weareth the gay cloathing, and ſay unto him ſit thou here in a good place: and ſay to the poore, ſtand thou there, or ſit here under my footſtoole; are ye not then partiall in your ſelves, and become Iudges of evill thoughts? here perſon is taken for riches. When a Iudge conſidereth a man onelyonly, becauſe hee is rich; then he accepteth his perſon.
There is nothing that corrupteth a Iudge ſooner then bribes. Deut. 16.19.foreign For a gift blindeth the eyes of the wiſe, and Exod. 23.8. it blindeth the eyes of Pikhhim, thoſe who ſee and have their eyes open; albeit, if they ſaw never ſo well, theſe bribes will draw on ſome ſcales upon their eyes; there is nothing more tender than the eye, nor may be more eaſily hurt; a little duſt blindeth it; but when once it hath drawne on a catarack, it becommeth ſenſeleſſe, and yee may thruſt any thing into it, yet it will not feele. A Iudge then who is the eye of the civill body ſhould take heed that this light bee not blemiſhed, if hee acquaint himſelfe to take bribes and become Iſh terumoth, foreign Vir oblationum paſsive, qui recipit non qui offert oblationes. foreignone that receiveth gifts, Then he overthroweth the land. Prov. 29.4. Gifts blinde the eyes. Deut. 16.19. Iagnaver, it is the ſame word which is uſed when they tooke Zedekias; and pulled out his eyes out of his head. 2. King. 25.7. Bribes doe not onelyonly blinde the eyes of the Iudge, but pull out the eyes out of his head; this Iude verſ. 11. calleth deceptio mercedis, Eſay. 33.15. and hee that ſhaketh his hands from holding of bribes, he ſhall dwell on high, his place of defence ſhall be the munition of rocks;Poverty and riches great enemies to iudgement. bread ſhall be given him, his water ſhall be ſure. Wiſe men have not thought poor men fit to be judges, for poverty is a great tentation to corruption. Prov. 30.8. Give me not too little, leſt I be poore and ſteale, therefore Eſay. 3.7. he conſidered well who ſaid, There is neither bread nor cloathing in my houſe, therefore make me not a ruler of the people. But they are more wretched that are rich, and yet cannot bee ſatisfied,Valerius Max. lib. 6.14. but grinde the faces of the poore. When Servius Sulpitius Galba, and Aurelius the Conſul did ſtrive in the Senate, which of them ſhould be ſent into Spaine againſt Viriatum, the Senatours differing among themſelves, and waiting which way Scipio would incline; he ſaid, I give my voice that neither of them be ſent; his reaſon was, alter nihil habet, alteri nihil ſat eſt: So he judged that it was as dangerous to put the government in the hands of a rich wretch, as into the hands of a poore man. Samuel purged himſelfe of this vice of avarice. 1. Sam. 12.3. Of whoſe hand have I received any bribe to blinde mine eyes therewith? Ioſhua was farre from this ſinne of avarice, when hee had divided the whole land amongſt the tribes, then the children of Iſrael gave him an inheritance amongſt them. Ioſh. 19.49. he was ſo farre from covetouſneſſe, that he tooke nothing to himſelfe.
Secondly perſon is taken for a mans ſtature and comlineſſe.The word perſon taken for a mans ſtature. 1. Sam. 16.7. When a Iudge hath regard to a man, becauſe hee is a comelie perſon,Plutarchus 1. Rhet. in Hyperide. then he is an excepter of perſons: Phrene the whoore being condemned, one Hyperides her advocate opened the breaſts of Phrene, which moved the Iudges to pittie her, this was an acceptation of perſons.
Thirdly, perſon is taken for the countrey. Act. 10.34.The word perſon taken for the countrey. Of a truth I perceive that God is no accepter of perſons, but in every nation, he that feareth him and worketh righteouſneſſe, is accepted with him. When a Iudge hath reſpect to a man, becauſe he is his countrey man, then he is an accepter of perſons. In that judicatory of Athens, Areopagus or mars ſtreete, they ſate in a darke place that they might neither ſee nor diſcern who was their friend or foe, rich or poore, their countrey man or ſtanger, but onelyonly looked to the cauſe; and there was given in before them T. C. contra D. C. So the Iudges in Egypt were painted without hands and blind, to ſignifie that he ſhould judge truely. Eſay 11.4. and He ſhall not judge according to the ſight of his eyes.
If a Iudge pronounce falſe ſentence for feare, as Pilate did; If thou let him goe thou art not Caeſars friend. So for favour, as Herod to pleaſe the people, beheaded Iohn. Act. 11. So for hatred, Achab ſaid, I hate Micaiah. 1. King. 22. therefore Put this fellow in priſon, and feed him with bread of affliction and water of affliction. Verſ. 27. all theſe are by reſpects, and the Iudge is an accepter of perſons when he looketh to any of theſe, this is to turne judgement into gall, and the fruit of righteouſneſſe into wormewood; that is, they turne judgement into bitterneſſe. See Lament. 3.15. When the Scribes and Phariſees cōdemned Chriſt to die, ſee how they wreſt judgement and turne it into wormewood: The law is that the blaſphemer ſhould die the death. Levit. 24.16. but they adde this that they had a law, and by their law he ſhould die the death; becauſe he had made himſelfe the ſonne of God. Ioh. 19.7. hee was the ſonne of God, and therefore the law-giver, then hee brake not the law; they miſ apply the breach of the law to him, and they ſay that he ſhould die according to their law; this was not Gods law, it was uſuall to the Iewes to ſpeake doubtfully: therefore Vzziel ſaid, Qui perplexe loqui poteſt, bene; ſi non taceat. If a man can ſpeake doubtfully, that is well, but if hee cannot; let him hold his peace.
Concluſion.The concluſion of this is: where the law faileth, the land muſt goe to decay. Habak. 1.4. Defluit lex, it is a ſpeech borrowed from the pulſe of man. Iacobs heart failed within him,foreign Vajapag libbo. Gen. 45.26. where the motion of the heart or pulſe groweth weake or ceaſeth, in great joy or great feare, the naturall heat being then diſperſed, it hurteth the body, and as wee trie the conſtitution of a mans body by the pulſe, if the pulſe ſtirre not at all, then he is dead; if it ſtirre but ſlowly then he is weake, but if it keepe an equall ſtroke, then hee is in a good conſtitution. So the law is the pulſe of the common wealth, if it ſtirre not at all, then the commonwealth is dead: if it have but ſmall motion, then the common-wealth is weake; but if the law keepe an equall courſe, then the common-wealth is in a good conſtitution.