Exodus 23:1

CHAPTER XXII.

THE LESSER LAW (continued).

PART IV.

Exodus 22:16 - Exodus 23:19.

The Fourth section of this law within the law consists of enactments, curiously disconnected, many of them without a penalty, varying greatly in importance, but all of a moral nature, and connected with the well-being of the state. It is hard to conceive how the systematic revision of which we hear so much could have left them in the condition in which they stand.

It is enacted that a seducer must marry the woman he has betrayed, and if her father refuse to give her to him, then he must pay the same dower as a bridegroom would have done (Exodus 22:16). And presently the sentence of death is launched against a blacker sensual crime (Exodus 22:19). But between the two is interposed the celebrated mandate which doomed the sorceress to death, remarkable as the first mention of witchcraft in Scripture, and the only passage in all the Bible where the word is in the feminine form--a witch, or sorceress; remarkable also for a far graver reason, which makes it necessary to linger over the subject at some length.

SORCERY.

"Thou shalt not suffer a sorceress to live."-- Exodus 22:18.

The world knows only too well what sad and shameful inferences have been drawn from these words. Unspeakable terrors, estrangement of natural sympathy, tortures and cruel deaths, have been inflicted on many thousands of the most forlorn creatures upon earth (creatures who were sustained in their sufferings by no high ardour of conviction or fanaticism, not being martyrs but simply victims), because it was held that Moses, in declaring that witches should not live, affirmed the reality of witchcraft. No sooner did the argument cease to be dangerous to old women than it became formidable to religion; for now it was urged that, since Moses was in error about the reality of witchcraft, his legislation could not have been inspired.

What are we to say to this?

In the first place it must be observed that the existence of a sorcerer is one thing, and the reality of his powers is quite another. What was most sad and shameful in the mediaeval frenzy was the burning to ashes of multitudes who made no pretensions to traffic with the invisible world, who frequently held fast their innocence while enduring the agonies of torture, who were only aged and ugly and alone. Upon any theory, the prohibition of sorcery by the Pentateuch was no more answerable for these iniquities than its other prohibitions for the lynch law of the backwoods.

On the other hand, there were real professors of the black art: men did pretend to hold intercourse with spirits, and extorted great sums from their dupes in return for bringing them also into communion with superhuman beings. These it is reasonable to call sorcerers, whether we accept their professions or not, just as we speak of thought-readers and of mediums without being understood to commit ourselves to the pretensions of either one or other. In point of fact, the existence, in this nineteenth century after Christ, of sorcerers calling themselves mediums, is much more surprising than the existence of other sorcerers in the time of Moses or of Saul; and it bears startling witness to the depth in human nature of that craving for traffic with invisible powers which the law prohibited so sternly, but the roots of which neither religion nor education nor scepticism has been able wholly to pluck up.

Again, from the point of view which Moses occupied, it is plain that such professors should be punished. They are virtually punished still, whenever they obtain money under pretence of granting interviews with the departed. If we now rely chiefly upon educated public opinion to stamp out such impositions, that is because we have decided that a struggle between truth and falsehood upon equal terms will be advantageous to the former. It is a subdivision of the debate between intolerance and free thought. Our theory works well, but not universally well, even under modern conditions and in Christian lands. And assuredly Moses could not proclaim freedom of opinion, among uneducated slaves, amid the pressure of splendid and of seductive idolatries, and before the Holy Ghost was given. To complain of Moses for proscribing false religions would be to denounce the use of glass for seedlings because the full-grown plant flourishes in the open air.

Now, it would have been preposterous to proscribe false religions and yet to tolerate the sorcerer and the sorceress. For these were the active practitioners of another worship than that of God. They might not profess idolatry; but they offered help and guidance from sources which Jehovah frowned upon, rival sources of defence or knowledge.

The holy people was meant to grow up under the most elevating of all influences, reliance upon a protecting God, Who had bidden His children to subdue the world as well as to replenish it, and of Whom one of their own poets sang that He had put all things under the feet of man. Their true heritage was not bounded by the strip of land which Joshua and his followers slowly conquered; to them belonged all the resources of nature which science, ever since, has wrested from the Philistine hands of barbarism and ignorance. And this nobler conquest depended upon the depth and sincerity of man's feeling that the world is well-ordered and stable and the heritage of man, not a chaos of various and capricious powers, where Pallas inspires Diomed to hunt Venus bleeding off the field, or where the incantations of Canidia may disturb the orderly movements of the skies. Who could hope to discover by inductive science the secrets of such a world as this?

The devices of magic cut the links between cause and effect, between studious labour and the fruits which sorcery bade men to steal rather than to cultivate. What gambling was to commerce, that was witchcraft to philosophy, and the mischief no more depended on the validity of its methods than upon the soundness of the last device for breaking the bank at Monte Carlo.

If one could actually extort their secrets from the dead, or win for luxury and sloth a longer life than is bestowed upon temperance and labour, he would succeed in his revolt against the God of nature. But the revolt was the endeavour; and the sorcerer, however falsely, professed to have succeeded; and preached the same revolt to others. In religion he was therefore an apostate, and in the theocracy a traitor against the King, one whose life was forfeited if it was prudent to exact the penalty.

And when we consider the fascination wielded by such pretensions, even in ages when the stability of nature is an axiom, the dread which false religions all around and their terrible rituals must have inspired, the superstitious tendencies of the people and their readiness to be misled, we shall see ample reasons for treading out the first sparks of so dangerous a fire.

Beyond this it is vain to pretend that the law of Moses goes. It was right in declaring the sorcerer and the sorceress to be real and dangerous phenomena. It never declared their pretensions to be valid though illegitimate. And in one noteworthy passage it proclaims that a real sign or a wonder could only proceed from God, and when it accompanied false teaching was still a sign, though an ominous one, implying that the Lord would prove them (Deuteronomy 13:1). This does not look very like an admission of the existence of rival powers, inferior though they might be, who could interfere with the order of His world.

Sorcery in all its forms will die when men realise indeed that the world is His, that there is no short or crooked way to the prizes which He offers to wisdom and to labour, that these rewards are infinitely richer and more splendid than the wildest dreams of magic, and that it is literally true that all power, in earth as well as heaven, is committed into the Hands which were pierced for us. In such a conception of the universe, incantations give place to prayers, and prayer does not seek to disturb, but to carry forward and to consummate, the orderly rule of Love.

The denunciation of witchcraft is quite naturally followed, as we now perceive, by the reiteration of the command that no sacrifice may be offered to any god except Jehovah (Exodus 22:20). Strange and hateful offerings were an integral part of witchcraft, long before the hags of Macbeth brewed their charm, or the child in Horace famished to yield a spell.

CHAPTER XXIII.

THE LESSER LAW (continued).

Exodus 23:1.

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.