תמונות בעמוד
PDF
ePub

liberty; but if his master gave him a wife, both she and the children were to remain the property of the master. This circumstance, however, seldom took place, for the law had provided a remedy.

It frequently happened, that when the term of servitude expired the servant, having no prospect of procuring a subsistence, and, at the same time, unwilling to part with his wife and children, told his master that he would serve him during the remainder of his life. In such cases the master took him before the elders, or judges, and in their presence an awl was bored through his ear and fixed to a post in the gate of the city; signifying that he and his wife and children were to serve the master till death. It was the same with women servants, who were bound by the same obligations. With respect to strangers, they were, at all times, permitted to redeem themselves, and this was to be done in an equitable manner before the judges. All the arrears due to them were to be paid; and if the time of their servitude was not expired, then they were to make a proper deduction, so that the master should not receive the least injury.

When a master struck his servant, and the wound proved mortal, so that the servant died within a day or two, then the crime was to be considered as capital, and the master was to suffer death for it; but if he lived beyond that time, then the master was to be discharged, because the slave was his property. When a master struck out the eye or the tooth of his servant, then he was obliged to let him go free; because, in such an instance, the master exceeded the bounds prescribed by the law.

It was in the power of parents to sell their daughters; a practice which has been followed in the Eastern nations from the most early ages.

Power of a father.

When a master seduced a female slave, he was not permitted to sell her, because he had not acted towards her consistently with the nature of moral obligation. If the master betrothed the young woman to his son, she was to be treated as a free-born subject; but if the young man took another wife, then he was to deliver up everything belonging to the slave, and she was to be free to act in what manner she pleased. It is singular, that when a slave ran away from his master, he was not to be reclaimed by him, but was to remain with the person where he chose to settle.

The power that fathers had over their children was great. If a son refused to obey his father or mother, or treated them with indignity, they were to chastise him; and if no reformation took place in his conduct, then he was to be taken before the elders, or judges of the city, who, upon hearing such evidence as served to prove his guilt, he was delivered over to the common executioners, who immediately stoned him to death. None of the children of Israel were permitted to sell their daughters as common prostitutes, because purity was enjoined by the Mosaic law. It was the custom of the surrounding nations to boil kids in the milk of their dam ; but by the Mosaic law this was forbidden as an unnatural practice, so that it was utterly prohibited for any person to seethe a kid in its mother's milk. Many of the heathen nations lived in an incestuous manner; but this practice was not tolerated under the law of Moses. The degrees of con

sanguinity were so strictly attended to, that no person was Laws respecting to break through them; and a table of those degrees has always been affixed to the English translation of the Bible.

marriage.

A man was not to marry two sisters, lest it should create family dissen

sions.

If a man died without having children, and if he had a brother alive unmarried, then the bachelor was to espouse the widow; that by descendants the name of the family might be kept up; but the first-born child was to succeed to the name and estate of the first husband.

As nothing was more odious among the Jews, than for men or women to live unmarried, so if the brother-in-law refused to marry the sister-inlaw, to preserve the name of his family, the widow was to go before the judges in the gate of the city, and there exhibit her complaint. This being done, the brother-in-law was called before the judges, and examined concerning the nature of his objections; and when it was found that he absolutely refused to marry the woman, then she was called in, and the refusal intimated to her; the judges then were to tell her to act according as the law of Moses directed; and she, stooping down, unloosened the shoe from off his right foot, and, spitting in his face, declared her abhorrence of the man who refused to perpetuate the name of his family, and the name of his brother; and from that time forward he was called "The man whose shoe was loosed in Israel."

:

A woman was not to marry into any tribe but that to which her father belonged this seems to have been done to keep up the grand distinctions among the twelve tribes, especially that of Judah; from whom the MESSIAH was to be descended.

Moses permitted a man to put away his wife, and both parties were allowed to marry again. But if a husband divorced his wife, and she married a second husband, who afterwards died, then the first husband was not to take the woman again. This was done to discourage divorces. Every man was exempted from going to war, and from all public business, during the first year of his marriage; and the reason was, that there might not be too many young widows or fatherless children among them. The law of Moses allowed a man to make a vow, and to give for the service of the tabernacle any part of his goods or money, but so as not to injure his family.

It is evident, from several passages in the Old Testament, that women were permitted to make vows, on condition of obtaining the consent of their fathers and husbands. If the fathers or husbands were present when the vow was made, and did not object to it, then the woman was bound to the performance. On the other hand, if either the father or husband objected to the vow, then it could not stand good, and the priests were commanded to see that it was not performed. But all the widows, and such women as had been divorced, and lived single, were obliged to perform their vows, otherwise they were to be treated as persons guilty of sacrilege.

In military affairs, the law of Moses was well calculated to promote the interests of the commonwealth, and was altogether suitable to the genius, times, and circumstances of the people. Every family was Military law. obliged to return to the chiefs of the tribes a list of all the males upwards of twenty years of age, fit to carry arms. When the return was made, the males of each tribe were called together, and the following questions were asked them, one by one: "Has any man built a house,

and has not had time to dedicate it? Has any man planted a vineyard, and not yet eaten of the fruit of it? Has any man betrothed a wife, and not yet married her? Is any man fearful or faint-hearted to go against the enemy? Then let all those return home, and attend to their domestic duties."

According to the Jewish law, when they attacked a city they were to offer terms of peace to the inhabitants, upon condition of surrendering themselves up prisoners of war, and submitting to the will of the conqueror; which was, that they should pay a certain tribute. But if the citizens refused to accept of the proffered terms, then the place was to be attacked, and if taken, all the males were to be put to the sword. The women and children were to be sold as slaves; the cattle, and all the goods were to be taken and distributed equally among the soldiers, after which the city was to be reduced to ashes.

They were permitted to eat the fruits of the trees which they found in the land of an enemy; and the trees were to be cut down in order to raise bulwarks against the next city which they should have occasion to besiege. All the lands taken by conquest were to be divided, by lot, among the soldiers, but each was to have his share, according to the rank he bore in the army. The Levites, also, had their share, although, being obliged to attend the service of the tabernacle, they were exempted from every duty of a civil or military nature. This exemption was appointed to exist throughout all generations; although we meet with many deviations from it in the latter times of their history, particularly after they returned from the Babylonish captivity.

If a man died without leaving a son, then the inheritance was to pass to his daughter; and if there was no daughter, then it was to go to the brothers; and if there were no brethren, then it was to ascend upwards to the brothers of the grandfather, and to all the collateral branches, according to their consanguinity.

As polygamy was permitted among the Jews, great care was taken that no abuses should happen, in consequence of partiality in favour of the children of the second or third wife, in preference to those Polygamy. of the first. It was ordered, that although the first wife should be despised, or even hated by her husband, yet her first-born son should succeed to the inheritance; and the judges were under the most solemn obligations to see this part of the law properly executed. Provision, however, was made for the rest of the children, and amongst them the personal estate was divided without any partial respect; but if there was no personal estate, then two-thirds of the real estate were given to the first-born, and the third divided equally among the rest.

The Jews were permitted to lend money upon usury, to Laws relating strangers, but not to any of their own brethren, nor were to property. they to sleep one night with their brother's pledge.

If an estate was mortgaged, the person who held it was obliged to restore it at the end of seven years, upon condition of receiving the money he had advanced, but he was not under the same obligation to strangers. And if a man borrowed a beast of his neighbour, and an accident happened to it, so that it received an injury, then he was to make good the loss, unless the owner happened to be present.

If a man delivered anything to another to keep, and it was stolen, the

thief, if found, was to pay double; but if the thief was not found, then the person to whom it was intrusted was to be brought before the judges, to declare upon oath, whether he had injured his neighbour by making away with his goods, or having been privy to any transaction of that nature. The oath of the suspected person was to be supported by such evidence as he could produce; and that was to be opposed by what the prosecutor could advance.

The matter having been heard with calmness, the judges were to consider on it in a deliberate manner; and if it appeared that the accused person was innocent, then he was acquitted; but, if through his own neglect the goods were stolen, then he was to return double to the owner. If there was no evidence produced by the person accused, nor any to support the accusation, then the judges were to decide, according to their own wisdom and discretion.

Among the Jews, there were several things exempted from being pledged; amongst which were millstones; for such things were necessary towards preserving the lives of men, because wheat would have been of little use unless ground into flour. When a pledge was deposited, the person who advanced the money was not to go into the debtor's house to demand it, but he was to stand without the door until it was brought to him. This was ordered to prevent family disputes, and to keep peace among a body of people who were commanded to live together as brethren. The clothes of widows were not to be taken in pledge, and the same degree of humanity was to extend to strangers, to the fatherless, and to the slaves. Great regard was paid to the standard weights and measures ; so that, in their common dealings, justice should be equally distributed.

Every sale, or bargain, relating to the conveyance of estates, was of a conditional nature; and if any of the descendants or relations of those who assigned it away, produced the money advanced for it, at the end of fortynine years, then it was to be restored; for the possession of it during that time, was considered as an ample recompense to the purchaser.

On such occasions, trumpets were to be sounded in all the towns and villages, that the people might have proper notice that the jubilee was approaching. Then, during the fiftieth year, all servants or slaves were to be set at liberty; and an opportunity was offered for persons to redeem such estates as had been sold. In the redemption of estates, an account was taken before the judges concerning the nature of the improved rent, during the time they had been in the possession of the purchaser, and the overplus was delivered up, either to the person who sold them, or to his relations who made the claim.

All houses in walled cities, namely, such as were fortified, could be redeemed within the compass of one year, but they could never be redeemed afterwards, not even in the year of jubilee; because the person in possession was under obligation to lay down his life in support of its rights and privileges. It was different with respect to the villages which were not walled round, because they were considered as part of the country at large, so that they were permitted to be redeemed in the year of jubilee. However, the houses of the Levites were not to be sold without redemption, whether they were in cities or villages.

When servants were hired by the day, they were to receive their wages

before sunset; and the reason assigned for it was, that because the poor man wanted his hire, hunger, and the regard he had for his wife and children, would make him unwilling to return home.

By the Mosaic law, the ox, who contributed towards cultivating the fruits of the earth, and who assisted in treading out the corn, was not muzzled, but suffered to eat as much as he could, while he was employed. Covetousness was forbidden by the Mosaic law. Cattle being stolen and disposed of, so as to be irrecoverable, the thief, on conviction, was to make five-fold restitution; but if the cattle were found alive with him, then he was to restore them, and pay double. Every person was empowered to kill a housebreaker, if he was found in the fact during the night; but if in the day, then he was either to make restitution, or to be sold for a slave. In walking through a vineyard, every stranger was permitted to pull what fruit he chose to eat, but he was not to carry any away. It was the same with respect to fields of corn, where every man was permitted to pull as much as he could eat, but he was not to put in a sickle, or cut down as much as one of the stalks.

It was ordained in their law, that nuisances, by which men's lives or properties could be injured, should be removed; or if an accident happened in consequence of neglect, a proper recompense was to be made to the loser. Thus, if a man left a pit uncovered, and his neighbour's beast fell into it, and was killed, or in any way disabled, then the person guilty of the neglect was to make up the loss. In the same manner, if any man killed the beast of his neighbour, he was either to restore another equal in value, or pay the price.

All those who found cattle wandering astray were to take them to their own folds, and keep them till they were claimed by the owners. It was the same with respect to everything lost; for whoever found it, and did not embrace the first opportunity of restoring it, was considered as a thief, and punished as such.

If fire happened through negligence, the person who neglected to take proper care was to make restitution to the injured person; and the same was to be done where a man suffered his beast to eat the corn in the field of his neighbour. If a man or woman happened to be killed by an ox, then the ox was to be stoned to death, and his flesh was not to be eaten ; but if sufficient evidence appeared to the judges, that the ox was a vicious animal, accustomed to push at every person who came in his way, and the owner did not take proper measures to restrain him, then the ox was to be stoned, and the owner was to be put to death. It was, however, permitted for the owner of the ox to redeem his own life, by paying a certain sum of money to the widow or children of the deceased.

When an ox killed a slave, his owner was to pay to the master of the slave thirty shekels of silver; and if it happened that one ox hurt or killed another, the live ox was to be sold along with the dead one, and the money equally divided between the proprietors.

Murder.

Wilful murder was to be punished with death for thus it was written in the Mosaic law :

"And if he smite him with an instrument of iron (so that he die), he is a murderer: the murderer shall surely be put to death. And if he smite him with throwing a stone, (wherewith he may die,) and he die, he is a

« הקודםהמשך »