Exodus 22

Exodus 22:1

SHeepe] The Hebrew word is Seh, which comprehendeth lesser sort of cattle, as sheepe, and goats, by way of distinction from the greater sort; Oxen, Camels, &c. For though some kinde of cattle be onely mentioned, others are meant.

kill it or sell it] This aggravates the theft. See Annotat. on verse 4.

five oxen for one] Five with that which was stolne, and but four sheep: because the labour of the ox was to he valued, which while he was kept away, was a losse to the owner, perhaps greater then the price of the sheep. See Proverbs 14:4. And the same proportion might be held betwixt other great and little cattle, as betwixt the horse and the goate.

Exodus 22:3

If the Sunne be risen] If he be stricken to death in the darke, the want of sufficient light, to judge who or what he was, and the want of meanes to bring him to just punishment, (for he could not be pursued in the darke) was some excuse: but if the Sunne were up, to give sufficient light, both to judge of the partie, and to bring him to judgement, then to kill him was murder; unlesse in the just and necessary defence of the wronged party.

Exodus 22:4

double] Before it was five fold for an ox, foure for a sheep; here but double: the reason is, because if it be found presently with the thiefe, the propertie not altered, the owner sustained lesse damage and trouble, and the thiefe shewed himselfe not to be so artificiall in his falshood, nor so settled in it, as he that carrieth the stoln goods away, and either killeth, or selleth, or keepeth them a longer time from him that hath right unto them: but it is said, Proverbs 6:31. That a thiefe if he be found he shall restore seven fold: this may be meant of a thiefe breaking into an house in the night, who if he were taken in the act, and smitten to death, no bloud was to be shed for him, ver. 2. and having forfeited his life, he might pay the dearer for his ransome, then the rate of ordinary restitution; and so he might pay not onely sevenfold, but all the substance of his house, as it is in the same 31. verse: or there might be a larger restitution in Solomons time, because there was more plenty, 1 Kings 10:27. Or by sevenfold, may be meant manifold, as Genesis 4:15. Psalms 79:12. Isaiah 30:26.

Exodus 22:7

double] For money or stuffe; where the restitution for cattle was foure or five fold; the reason whereof may be, because it was easier for the possessor to keepe what was so in his custodie then his cattle in the field, for there he could not keepe them under locke and key, as he might doe the goods and money in his house.

Exodus 22:8

to see whether] The Judge must (by his prudence) indevour the discovery of the deceit, if there be any; and the clearing of the accused party, if he be innocent: and to this purpose, he must use the ordinary meanes, whereby the truth may appeare; as receiving of evidence from witnesses, and the assurance of that evidence, by a ratification upon oath. See vers. 11.

he have put his hand] That is, whether he have dealt falsly, either by denying he had it; or affirming he restored it; or pretending it was stolne from him; or by any other way of deceit, to defraud the owner of his right.

Exodus 22:9

he shall pay] That is, the partie who was put in trust, if he be found in fault, as fraudulently fayling the trust reposed in him.

Exodus 22:11

an oath of the Lord] So called, 1 Kings 2:43. because when men take it, they take the Lord to be witnesse of the sinceritie of their hearts, and veritie of their lippes; and implicitly invoke his vengeance upon themselves, if they sweare falsly.

no man seeing it] But the party himselfe, there being no other proofe, or witnesse; in such a case an oath must be the end of strife: as Hebrews 6:16.

betweene them both] For the oath was to passe from the one for the satisfaction of the other.

put his hand] See Annot. on vers. 8.

Exodus 22:12

if it be stollen] Genesis 31:39.

he shall make restitution] If by any fault of his it were taken away.

Exodus 22:15

with it] As sometimes the beast and his owner might be hired together: and if he were present, the hirer might have so much lesse care, as he would have the more of the safetie of his owne.

it came for his hire] He that hired it shall be free by paying for the hire.

Exodus 22:16

If a man entice] Deuteronomy 22:28.

Exodus 22:17

If her father refuse] For the children should not marry without the consent of parents.

according to the dowrie of virgins] That is, according to her dowrie as a virgine, whom he hath desiled; to wit, according to her state, and condition: that is, more to the daughter of a rich man, then of a poore. There seemes to be one set rate for all sorts, Deuteronomy 22:29. But the case is not alike; for that in Deut. is when the maid was forced, or lustfully abused, without intimation of marriage, to induce unto the act: and then the father was for his part of the wrong in the abuse of his daughter, to have of the offender fiftie shekels of silver, and he was to have her for his wife; and he might not put her away all the dayes of his life. But in this case (in Exod.) it is otherwise: for if her father refused to give her in marriage, he that abused her, was to pay so much, as might serve to marry her to another of a sutable condition: and if he were not able to make good that proportion, he was to be sold as in case of theft, vers. 3. of this Chap.

Exodus 22:18

not suffer a witch] Witchcraft is here forbidden, Deuteronomy 18:10. and that upon paine of death, 1 Samuel 28:9. By Witch is here meant any one that hath any dealings with the devil, by any compact or confederacie whatsoever: the word in the Originall, is of the Feminine Gender, because the Devils craft most prevailes with womens weakenesse, in that kinde: but there are men Witches as well as women, Leviticus 20:27. and their sinne as hainous, and their punishment as grievous: and it likewise signifieth one that changeth any thing before the sight, (as Jugglers doe) but if it be by slight of hand, without diabolicall art; it is not here condemned. Some have thought Witches should not die, unlesse they had taken away the life of mankinde; but they are mistaken, both for the act of the Witch, and for the guilt: for first, the act of killing any one in such a way, as is called witchcraft, is not the act of the Witch, but of the Devill; and sometimes it is rather his act to faine it, then his act to do it; for such is his craft that where God hath given him a commission to doe hurt; or by his great knowledge (being a spirit and of long experience) he doth foresee in naturall causes (though concealed from others) some imminent evill, he stirreth up malice betwixt the Witch, and the party, and offereth himselfe (for his, or her satisfaction) to bring the evill upon him, wherein the Witch hath no part, but a wicked will; and in that the devil is more wicked then the Witch, and would doe what evill he can, though she would entreat him to the contrary: But why then must the Witch be put to death? Answ. Because of the league and confederacie with the devil, which is high treason against God; because he is Gods chiefest enemie, and therefore though no hurt insue this contract at all, the Witch deserves present, and certaine death for the contract it selfe.

Exodus 22:21

• Thou shalt neither] * Leviticus 19:33.

Exodus 22:22

ye shall not afflict a widow] Zac 7:10. Isaiah 1:17. James 1:27.

Exodus 22:24

your wives shall be] The just plague of God upon oppressors, and proportionable as well as just.

Exodus 22:25

• upon him usury] Which is a loane of money upon covenant for certaine increase, whereby the lender intendeth, and endevoureth to make sure both principall and use, though the borrower be like to lose either the one or both. Whereas in some cases the rich lender must be so charitable to the poore borrower, as to expect neither use nor principall, Luk. 6. 34, 35. Leviticus 25:37. Deuteronomy 23:19. Psalms 15:5.

Exodus 22:26

• the sunne goeth] If it be such a garment as without which he cannot comfortably rest in the night; and of such a garment the words seeme to be meant by this timely restitution, and it is in effect, vers. 27. forbidden the taking of such a thing to pawne: for it were a vaine and frivolous thing to take a pawne in the morning, which without payment of money must be restored in the evening. Deuteronomy 24:13. Proverbs 22:27.

Exodus 22:28

• revile] Not speak any manner of evill of them, by reproach or calumnie; nor wish any evill to them, by imprecations or curses. Ecclesiastes 10:20. Acts 23:5.

the Gods] Or, Judges. vers. 8, 9. Psalms 82:16. John 10:34. Magistrates they are so called, because they should (as God doth) doe impartiall justice without respect of persons; protecting the godly, as being the ministers of God for their good, Romans 13:4. punishing the wicked, who are malignant enemies to God and them.

Exodus 22:29

first of thy ripe] Heb. thy fulnesse. It is fit that God (who giveth all) should be acknowledged as Lord of all, by an holy tribute unto him: and that to be presented first, not onely to professe his right, but to procure a blessing upon the rest. See Malachi 3:10.

liquor] Heb. teare. In the precedent precept, God requireth a portion of dry things, here of moist, for he is the Authour and giver of both.

first-borne] See * Chap. 13. 2. 12. Chap. 34. 19.

Exodus 22:30

seven dayes] Some conceive it must be kept seven dayes, that it may have a blessing from the Sabbath, before it be present: but the certaine reason is, because under eight dayes old it was too tender, and waterish, and not of so perfect a shape at first, as a few dayes after it would be.

on the eighth day] It was not necessary to offer it on that day, for that was the first day it was offerable to God; but after that, it might remaine untill a fit opportunitie to bring it to Jerusalem, and there to offer it on a feast day. See Leviticus 22:27.

Exodus 22:31

ye shall be holy] See Annot. on * Chap. 19. 5: 6.

torne of beasts] If the creature were either killed by a beast, or in part devoured by him, or killed by a man for sacrifice to God, or sustenance to man, and a beast came casually and tore any part of it, in such cases they were not to eate it: and by such a forbearance, they were admonished of decencie, and cleanlinesse in their diet, and of estranging themselves from a participation with beasts in beastly qualities, especially in crueltie. Leviticus 22:8.