Commentary on Genesis and Exodus, Theological treatise · Chapter 23 · Questions · Question 1 – Question 6
QUEST. I. Of raysing or reporting false tales.
Vers. 1. THou shalt not report a false tale. 1. Some doe read, Thou shalt not receive, because the word nasha, doth as well signifie to beare and sustaine, as raise and lift up. So read the Chalde, Septuagint, Latine, with others: Oleaster, Lyranus. Calvin also and Simlerus, doe preferre this sense. But it is better translated, Thou shalt not raise a false tale, Iun. As the like law is given, Levit. 19.16. Thou shalt not walke about with tales: and this generally comprehendeth, as well the first author of a false report, as the bearer and carier: and so Lippoman also interpreteth well, Non si… author falsi rumeris, aut fingas in cerdo, &c. Be not the author of a false report, or faine it in thine heart, &c. 2. Some doe referre it to the person of the Judge; that he should not punish any, because of an evill report spread of him, Osiander. Or, Vt non audiatur una pars in absentia alterius, &c. That one part should not be heard in the absence of another: for commonly then many tales are devised, Lyran. Or, that the Judge should not give care to the accuser, before he have heard the partie accused also, Borrh. Or, this some make to be the meaning, Non suscipias vocem testium, quos scis mentiri; Receive not the voice of witnesses, whom thou knowest to lie, Tostat. quaest. 1. But it is better generally understood of all, as well private men as Judges: Vetat falsum rumorem de ullo homine, vel spargi, vel admitti; It forbiddeth any false rumour to be spread of any, or admitted, Gallas. Praecipue tamen. lex haec ad judicia pertinet, And yet principally this law belongeth to judgements, Simler. because false reports may there doe most harme: yet because it is also a fault in private men, to raise false reports, and to be too credulous to beleeve them, it is better here to retaine a generall sense.
QUEST. II. What it is to put to the hand to be a false witnesse.
NEither shalt put thy hand with the wicked to be a false witnesse. 1. Calvins joyneth this to the former clause, and saith, they are here understood to be false witnesses, qui proximos traducunt, which joyne their hand with the wicked in traducing of their neighbours. So also Oleaster. But the manner of the phrase here used, of putting to the hand, that is, of binding and combining themselves, importeth a greater matter, than onelyonly in carying or spreading of a false report. 2. Some referring this law unto publike testimonie in judgement, understand it of the person of the Judge, that he should not be a meane to procure false witnesses: as the Elders of the Citie, to whom Iez…bel sent, did against Naboth, R. Salomon, Marbach. But the words, In being a false witnesse, (which is more than procuring) will not beare that sense. 3. Some by putting to the hand, understand, thou shalt not sweare, to be a false witnesse, because they used to lift up their hand, when they did sweare, Lyran. Tostat. But this doth make the sense too particular: for what if he doe not sweare, but onelyonly promise or give his hand to be a false witnesse? it is directly against this law: therefore, by putting the hand, is signified hee shall not aid or assist him, he shall not consociate himselfe, vel conferre operam, or promise his helpe, or consent unto evill, Iun. 4. And withall, here is forbidden that wicked confederacie and mutuall ayding one of another in bearing false witnesse: as it is a common practice, Da mihi mutuum testimonium, Witnesse for me, and I will bee witnesse for thee, Gallas. 5. And two things are forbidden: Non adjuvabis causam improbi falso testimonio, &c. Thou shalt not helpe the cause of the wicked by a false testimonie, not make a covenant with him, to doe it for him, Lippoma….
QUEST. III. How great a sinne it is to be a false witnesse.
Vers. 2. TO be a false witnesse. 1. Falsum testimonium habet tripliceus deformitatem▪ A false testimonie hath: a threefold deformitie: ex perjurie, first by perjurie, because witnesses are not admitted but upon their oath: ali… … justitiae, another way by violating of justice: tertio ex ipsa fal…tate, thirdly by the falsenesse of his testimonie, Thomas. ….2. q. 70. …. 4. in c…r.These three evils and mischiefes then do accompanie a false witnesse, perjurie, injustice, falsenesse and lying. 2. And in three other respects, is this sinne of false witnesse bearing, odious and abominable: 1. In respect of the author thereof, who is the divell, for when he telleth a lie he speaketh of his owne. 2. The inconveniences are great which ensue, the perverting of justice, and the condemning of the innocent. 3. There is also, nominis divini contaminatio, the polluting and prophaning of the name of God, Borrh.
QUEST. IV. Whether in this law we are to understand the mightie, or the many.
Vers. 2. THou shalt not follow the mightie. 1. The most doe read, many, or, the multitude, as before is shewed in the divers readings: and they make two parts of this law, the first to concerne all in …enerall, that they shall not follow a multitude to doe evill: the second, Judges in particular, not to fol…ow a multitude in judgement, Cajetan, Oleaster. Whether it be to respect the multitude of the parties …riends, that sentence is to be given upon, Marbach. or the multitude of Judges, that consent in a wrong judgement, Simler. And then the meaning is, that in neither case a multitude is to be followed: si …it manifestè iniquum vel falsum, if it be manifestly false or unjust which the multitude holdeth: for if it be manifeste verum, either manifestly true, vel dubium, or doubtfull, which many doe affirme, one must not of singularitie depart from their judgement, Tostat. quaest. 2.
2. Some in the former clause interpret, rabbim, many, Thou shalt not follow many to doe evill: but in the other branch of the law, they understand it not of the quantitie and number, but of the qualitie, neither decline after the mightie, &c. that is, where there are many Judges to give sentence, the inferiour should not be overruled by the opinion of the Superiour Judges and mightie: and therefore among the Jewes this wise course was used, in giving of sentence in the assemblie of Judges, that the punies and inferiour Judges should deliver their opinion first, lest if the greatest began, the other might bee swayed by them: this is also the use among the Divines in the Vniversitie of Paris, the Juniours and Inferiours begin first, Lyran. This also is the honourable use of the Star-chamber with us.
3. But seeing the same word, rabbim, is used in both sentences, it is taken in the same sense in both places, and is better interpreted, the mightie, than, the many, for these reasons: 1. Because of the opposition of the poore man, in the next verse: the mightie and the poore are better compared and set together, than the many and the poore. 2. So Levit. 19.15. gadhol, the great, and dal, the poore, are set one against the other, that neither the one nor the other should be respected in judgement. 3. This interpretation of the mightie, comprehendeth also the other, whether they be mightie in number, or in power, Iun.
4. And as respect is not to bee had of the multitude, so neither of the paucitie and fewnesse: as the Donatists in times past, and the Anabaptists in these dayes doe brag of their small number, as therefore the best, Gallas.
QUEST. V. How the poore is not to be esteemed in judgement.
Vers. 3. THou shalt not esteeme a poore man, &c. 1. The word hadar, signifieth honour, beautie, comelinesse. Prohibet blandis sermonibus ornari causam pauperis; He forbiddeth that the poore mans cause should be set forth with glosing words, and so be made better than it is, Cajetan, Oleaster. Therefore Aristotle giveth a good rule, that in matters of judgement, causa simplicibus sermonibus propeneuda erat, that the cause should be laid forth,Lib. 1. Rhetorie. and opened in simple and plaine speeches, not in eloquent, passionate, or affected words. 2. And as passions may be procured in Judges by speech, so also by the sight of the persons, as if when the poore suiter lamenteth and complaineth, and appeare to be very miserable, though he say nothing, Tostat. quaest. 3. 3. The word dal signifieth not onelyonly one which is poore in substance, but any other kinde of way: as they which are sicke and pined away, are called, dallim, as Ammon was thus poore, and pined with love toward Thamar, 2 Sam. 13. Oleaster. So not onelyonly the poore, but all other miserable and forlorne persons are here understood, as the widow, fatherlesse, strangers and such like, Tostat. quaest. 3. 4. Simplie it is not forbidden to respect a poore man, but in his cause: in matter of judgement, nothing must be done, either for rich or poore, praeter merita causae, beside the merit and desert of the cause, Tostat. Cum agitur paupertas, sublevandus est; When his povertie is pleaded, the poore is to be helped: Cum agiturjus publicum, deponenda est persona pauperis; When the publike right is in question, the poore person must be laid aside, Borrh. 5. And the reason is, because it is better praehonorare veritatem, to preferre and more honour the truth, Lyranus. 6. Although it be not often seene, that a poore man is preferred before a rich in his cause: yet sometime it falleth out, ut ambitio impellat Iudicem, &c. that the Judge through ambition, that he may be spoken of, will respect the poore: & major interdum est pauperum a…dacia, & temeritas, &c. and sometime the poore are more bold, rash, and readie to move suits than the rich, Calvin. And therefore this law provideth for such clamorous poore.
QUEST. VI. How persons are accepted in judgement, and how farre the poore may be respected.
IN his cause, &c. 1. The person of the poore is not to be accepted in regard of his cause depending in judgement. Persons are accepted two wayes in judgement: 1. When as the Judge aliter distribuit quàm lex mandat, doth determine otherwise than the law commandeth: but where no certaine law is set, prescribing the manner and forme which is to be followed, in that behalfe there can bee no acception of persons. And therefore though God in the beginning did elect some, and not others, quia non cogitur aliqualege, because he had no law to compell him, hee therein accepted no mans person: as a man giving almes, having no rule set him how much he shal give, may distribute unto one more than unto another, and yet be no accepter of persons. 2. Another way ones person is accepted in judgement, when more is given to one than to another, either of a benefit or punishment, otherwise than is due. As if a man sue for an hundred pound, wherein he can prove but 80. due of just debt, if the Judge shall give him 90. pound, he taketh ten from the one, and giveth it to the other more than is due, and so he is an accepter of the person of the one, more than of the other. And thus a poore man is not to be respected in judgement. 2. Two waies is merciemercy shewed unto the poore in his cause: when one facit illi bonum quod non habet, doth for him, or giveth him that good which he hath not; or, when the Judge so defendeth the poore, ut nemo…ollat e… … quod haber, that no bodie take from him that good which he hath: the first way the Judge cannot have respect unto the poore, without partialitie, and perverting of justice, to give unto him that which of right doth not belong unto him: but the other way he may, to see that the poore be not oppressed in judgement, as it followeth afterward, vers. …. Thou shalt not overthrow the right of the poore in his suit. And unto this kinde of commis…ration it belongeth, that the Judge is willing to heare the cause of the poore man, and to receive his complaint: for how otherwise should he doe him right, and defend him from wrong, if he should stop his eares against the crie of the poore? Tostat. qu. 4.