John Calvin Commentary Deuteronomy 19
John Calvin Commentary
Deuteronomy 19
John Calvin Commentary
Deuteronomy 19
"When Jehovah thy God shall cut off the nations, whose land Jehovah thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses;" — Deuteronomy 19:1 (ASV)
When the Lord thy God hath cut off the nations. Moses repeats the same precepts which we have just been considering: that, regarding murders, the people should distinguish between an unintentional killing and a crime.
With this purpose, he assigns six cities in which those who have proved their innocence before the judges could rest in peace and concealment.
In short, however, he defines who is to be exempt from punishment: namely, one who has killed his neighbor ignorantly, as we have previously seen. This is just, because the will is the sole source and cause of criminality; therefore, where there is no malicious feeling, there is no crime.
But, to prevent those who are actually guilty from escaping under the pretext of an unintentional killing, a mark of distinction is added: that is, that no hatred should have preceded it. An instance of this is given: if two friends go out together into a wood, and, without any quarrel or wrangling, the head of the axe slips from the hand of one of them and strikes the other.
God, therefore, justly commands that the motive for the killing should be investigated and shows how it is to be ascertained: namely, if there had been any previous animosity, or if any contention had arisen.
For it is incredible that anyone would be so wicked as to rush into such an abominable sin without reason. It must be observed, however, that there was no room for this kind of assessment except in a doubtful case. For if anyone were to stab his neighbor with a drawn sword, or hurl a dart into his chest, the inquiry would be unnecessary, because the guilty intention would be abundantly clear.
"Thou shalt not remove thy neighbor`s landmark, which they of old time have set, in thine inheritance which thou shalt inherit, in the land that Jehovah thy God giveth thee to possess it." — Deuteronomy 19:14 (ASV)
A kind of theft is condemned here that is severely punished by the laws of Rome.105 For everyone’s property to be secure, it is necessary that the landmarks set up for the division of fields should remain untouched, as if they were sacred.
Whoever fraudulently removes a landmark is already convicted by this very act, because he disturbs the lawful owner in his quiet possession of the land.106 While the one who advances the boundaries of his own land further to his neighbor’s loss doubles the crime by the deceptive concealment of his theft, from this we also gather that thieves are not only those who actually carry away their neighbor’s property, who take his money out of his chest, or who pillage his cellars and granaries, but also those who unjustly take possession of his land.
105 “In the digests there is a vague law, de termino moto, , Digestor. Lib. 47. tit. 21, on which Calmer remarks, that, though the Romans had no determined punishment for those who removed the ancient land-marks, yet, if . Lib. 47. tit. 21, on which Calmer remarks, that, though the Romans had no determined punishment for those who removed the ancient land-marks, yet, if slaves were found to have done it with an evil design, they were put to death; that persons of quality were sometimes exiled when found, guilty; and that others were sentenced to primary fines, or corporal punishment. — Adam Clarke, were found to have done it with an evil design, they were put to death; that persons of quality were sometimes exiled when found, guilty; and that others were sentenced to primary fines, or corporal punishment. — Adam Clarke, in loco..
106 “Est desia assez convaincu par ce seul acte d’avoir voulu debouter le possesseur de son champ;” is already sufficiently convicted by this act alone of having wished to deprive the possessor of his land. — Fr..
"If an unrighteous witness rise up against any man to testify against him of wrong-doing," — Deuteronomy 19:16 (ASV)
If a false witness rise up against any man. Because the fear of God does not so prevail in all people that they voluntarily abstain from the love of slander, God here appoints the punishment for perjury: for political laws are enacted against the ungodly and disobedient, so that those who despise God’s judgment might be brought before human tribunals.
Although perjury is not here ordained to be tried before the judges unless there is an accuser who complains that he has been unjustly injured by false witness, still reason dictates that if anyone has been condemned to death by false witnesses, the judges should not hesitate to officially investigate the matter. Yet, since people are generally inclined to assert their own innocence, God has deemed it sufficient to state that if any complaint is lodged, the judges should diligently investigate it, and if the crime is proved, should inflict the punishment of retaliation (talionis).
Thus it appears that false witnesses and murderers stand in the same light before God. By commanding that the inquiry should be made not only by the judges, but also by the priests, as if God Himself were present, He shows that He requires unusual diligence, because a secret crime is not easily detected without the most meticulous care.
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