Legal Lore: Curiosities of Law and Lawyers — John Shaqi
Legal Lore: Curiosities of Law and Lawyers
History
Legal Lore: Curiosities of Law and Lawyers
Law -- Miscellanea
2. For refusal to bear witness on oath. Lev. v. This is of very great
interest in the light of recent legislation as to affirmation. We have
come across many people, it is needless to add grossly ignorant, who have
entirely lost sight of the obvious emphasis on the word "False" in the 9th
Commandment, placing the whole force on the fact of "Witness."
3. The Laws as to defilement. These, we presume, have left no trace on
modern Law.
4. The breach of a rash oath, the keeping of which would involve sin. Lev.
v., 4. This opens a most interesting subject, but we have not space to
enter upon it. From the days of Jephthah and his oath with regard to his
daughter until this day, the question has been full of difficulties, and
is divided amongst, perhaps, equal advocates for the two opposed views of
it.
5. Sacrilege in ignorance, fraud, _suppressio veri_, and perjury, were
punished by enforced compensation, and the addition of a fifth part of the
value concerned in the matter to the priest, or to the person wronged.
6. Illtreatment of betrothed slaves. Lev. xix., 20. This is only curious,
but at the same time has a connection with late enactments in criminal
Law.
7. The Law as to the powers of a father is extraordinary. When one
considers the relation now existing and defined by our Law, the revolution
is beyond all measure out of reasonable proportion. For a curse, a blow,
or even wilful disobedience, the penalty was _death_!
8. The Law of usury is difficult, but the chief points are well known. The
main principle of the Law prevails to this day. Let us only notice the
striking fact that usury could not be exacted upon the Jews themselves.
Does this not offer a fine comment on the grievous usury so cruelly
enforced in after years by these people upon the _Gentile_ races?
9. Debt. All debts were released at the seventh year. So there was a year
of limitation.
10. Tithe. This Law has been so frequently and ably set forth, that it is
entirely one's own fault if it needs any comment.
11. Poor Laws. These are conspicuous by their absence. There was a legal
right of gleanings, a second tithe to be given in charity, and wages were
to be paid day by day. (Deut. xxiv.)
A few rather important forms of legislation must be placed here as
addenda. We notice the entirely despotic power of the husband over the
wife, and all belonging to her. Compare _our_ useful but very late
enactment as to married women's property, apart from her almost complete
irresponsibility.
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