Verses 1-19
CHAPTER XXIII.
THE LESSER LAW (continued).
The twenty-third chapter begins with a series of commands bearing upon the course of justice; but among these there is interjected very curiously a command to bring back the stray ox or ass of an enemy, and to help under a burden the over-weighted ass of him that hateth thee, even "if thou wouldest forbear to help him." It is just possible that the lawgiver, urging justice in the bearing of testimony, interrupts himself to speak of a very different manner in which the action may be warped by prejudice, but in which (unlike the other) it is lawful to show not only impartiality but kindness. The help of the cattle of one’s enemy shows that in the bearing of testimony we should not merely abstain from downright wrong. And it is a fine example of the spirit of the New Testament, in the Old.
"Thou shalt not take up a false report" (Exodus 23:1) is a precept which reaches far. How many heedless whispers, conjectures lightly spoken because they were amusing, yet influencing the course of lives, and inferences uncharitably drawn, would have been still-born if this had been remembered!
But when the scandal is already abroad, the temptation to aid its progress is still greater. Therefore it is added, "Put not thine hand with the wicked to be an unrighteous witness." Whatever be the menace or the bribe, however the course of opinion seem to be decided, and the assent of an individual to be harmless because the result is sure, or blameless because the responsibility lies elsewhere, still each man is a unit, not an "item," and must act for himself, as hereafter he must give account. Hence it results inevitably that "Thou shalt not follow a multitude to do evil, neither shalt thou speak in a cause to turn aside after a multitude to wrest judgment" (Exodus 23:2). The blind impulses of a multitude are often as misleading as the solicitations of the bad, and to aspiring temperaments much more seductive. There is indeed a strange magnetism in the voice of the public. Every orator knows that a great assembly acts upon the speaker as really as he acts upon it: its emotions are like a rush of waters to sweep him away, beyond his intentions or his ordinary powers. Yet he is the strongest individual there; no other has at all the same opportunity for self-assertion, and therefore its power over others must be more complete than over him.
This is one reason for the institution of public worship. Men neglect the house of God because they can pray as well at home, and encourage wanton subdivisions of the Church because they think there is no very palpable difference between competing denominations, or even because competition may be as useful in religion as in trade, as if our competition with the world and the devil for souls would not sufficiently animate us, without competing with one another. But in acting thus they weaken the effect for good of one of the mightiest influences which work evil among us, the influence of association. Men are always persuading themselves that they need not be better than their neighbours, nor ashamed of doing what every one does. And yet no voice joins in a cry without deepening it: every one who rushes with a crowd makes its impulse more difficult to stem; his individuality is not lost by its partnership with a thousand more; and he is accountable for what he contributes to the result. He has parted with his self-control, but not with the inner forces which he ought to have controlled.
Against this dangerous influence of the world, Christ has set the contagion of godliness within His Church, and every avoidable subdivision enfeebles this salutary counter-influence.
Moses warns us, therefore, of the danger of being drawn away by a multitude to do evil; but he is thinking especially of the peril of being tempted to "speak" amiss. Who does not know it? From the statesman who outruns his convictions rather than break with his party, and who cannot, amid deafening cheers, any longer hear his conscience speak, down to the humblest who fails to confess Christ before hostile men, and therefore by-and-by denies Him, there is not one whose speech and silence have never been in danger of being set to the sympathies of his own little public like a song to music.
That Moses was really thinking of this tendency to court popularity, is plain from the next clause--"Neither shalt thou favour a poor man in his cause" (Exodus 23:3).
It is an admirable caution. Men there are who would scorn the opposite injustice, and from whom no rich man could buy a wrongful decision with gold or favour, but who are habitually unjust, because they load the other scale. The beam ought to hang straight. When justice is concerned, the poor man’s friend is almost as contemptible as his foe, and he has taken a bribe, if not in the mean enjoyment of democratic popularity, yet in his own pride--the fancy that he has done a magnanimous act, the attitude in which he poses.
As in law so in literature. There once was a tendency to describe magnanimous persons of quality, and repulsive clodhoppers and villagers. Times have changed, and now we think it much more ingenious and high-toned to be quite as partial and disingenuous, reversing the cases. Neither is true, and therefore neither is artistic. No class in society is deficient in noble qualities, or in base ones. Nor is the man of letters at all more independent, who flatters the democracy in a democratic age, than he who flattered the aristocracy when they had all the prizes to bestow.
Other precepts forbid bribery, command that the soil shall rest in the seventh year, when its spontaneous produce shall be for the poor, and further recognise and consecrate relaxation, by instituting (or more probably adopting into the code) the three feasts of Passover, Pentecost, and Tabernacles. The section closes with the words "Thou shalt not seethe a kid in his mother’s milk" (Exodus 23:19). Upon this clause much ingenuity has been expended. It makes occult reference to some superstitious rite. It is the name for some unduly stimulating compound. But when we remember that, just before, the sabbatical fruit which the poor left ungleaned was expressly reserved for the beasts of the field, that men were bidden to help the overladen ass of their enemies, and that care is taken elsewhere that the ox should not be muzzled when treading out grain, that the bird-nester should not take the dam with the young, and that neither cow nor ewe should be slain on the same day with its young (Deuteronomy 25:4, Deuteronomy 22:6; Leviticus 22:28), the simplest meaning seems also the most probable. Men, who have been taught respect for their fellow-men, are also to learn a fine sensibility even in respect to the inferior animals. Throughout all this code there is an exquisite tendency to form a considerate, humane, delicate and high-minded nation.
It remained, to stamp upon the human conscience a deep sense of responsibility.
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