Corporal punishment.
We have here directions given for the punishment of criminals. As the Hebrews had no gaol system, a properly graduated corporal punishment supplied most effectively its place. Moses here directs the judges to look carefully into the case, and to assign a certain number of stripes, which are never to exceed forty, the chastisement being given in the presence of the judge. Thus the largest measure of equity was introduced into their penal system.
I. RETRIBUTION OF SOME KIND IS CONSONANT WITH OUR IDEAS OF RIGHTEOUSNESS. To be allowed to sin with impunity would be, we all feel, an immoral regulation under any government, and especially immoral under a theocracy. Punishment for sin is demanded by the human conscience. All quarrel with retribution as such argues a want of conscientiousness.
II. BUT RETRIBUTION SHOULD BE PROPORTIONAL TO SIN. This is what the law before us secured. The stripes were to be few or many, according to the crime, but never to exceed forty. The judgment was to be righteous and equitable all through.
III. WE LOOK INSTINCTIVELY FOR THE SAME EQUITY UNDER THE GOVERNMENT OF GOD. And this is exactly what we have. And here let us observe—
1. Sin is not allowed to go unpunished under God's government. It has been very confidently asserted that, if people are penitent, no atonement is needed to secure pardon. But, supposing penitence a possible experience apart from the spectacle of a pierced and atoning Savior (Zechariah 12:10), should we not have "sin with impunity" under the reputedly just government of God? Those who glibly talk of penitence being all that is required, have formed no broad or consistent notion of the necessities of government. £ Now, the Divine arrangement has been to lay the "stripes" we deserve upon his willing Son. "With his stripes we are healed" (Isaiah 53:5). The sin is punished in the person of a sinless and most willing Substitute, and the demands of justice met. We may be sure that, as the Father presided at the punishment, no more was laid on Jesus than the demands of simple justice and the exigencies of the government required. And—
2. Unpardoned because impenitent sinners shall have their punishment graduated according to the strictest justice. It has been asserted that punishment without end would be excessive for the sins of a short life on earth. But it is forgotten that "everlasting punishment" is the shadow simply of "everlasting sin." The latter, alas! is possible through the freedom of the creature; and as sin continues, so must punishment. At the same time, the graduation of punishment in the other world will be as accurate and as careful as the corporal punishment under the Law of Moses. In fact, it is this idea of stripes our Lord employs to express the truth. "And that servant which knew his lord's will, and made not ready, nor did according to his will, shall be beaten with many stripes; but he that knew not, and did things worthy of stripes, shall be beaten with few stripes. And to whomsoever much is given, of him shall much be required; and to whom they commit much, of him will they ask the more" (Luke 12:47, Luke 12:48, Revised Version). It is thus clearly seen that the utmost care will be taken to graduate the penalties in the hereafter, so that no one shall have the least ground of complaint. The vulgar revolt against the everlasting punishment revealed in Scripture is due to the idea that the criminals are thrown pell-mell together and punished in the lump. With far greater care, however, shall each impenitent one have his penalties meted out to him than prisoners have under the most conscientious judges.
IV. INSTEAD OF BANDYING ABOUT ARGUMENTS IN FAVOR OF RELIEF UNDER PUNISHMENT, IT WOULD BE KINDER FOR CONTROVERSIALISTS TO INDUCE MEN THROUGH FAITH IN JESUS CHRIST TO ACCEPT OF PARDON AND SO ESCAPE PENALTY. The spectacle at present is a sad one. Writers are pursuing the phantom of remission of sins and of punishment in the other life, as a new gospel for sinners, instead of urging their fellows to flee at once to Jesus, the only Refuge. This much is certain, "Him that cometh unto me," says Christ, "I will in no wise cast out." Upon such a promise any soul may repose. But the uncertainty of speculation is proverbial, and can never be the sheet-anchor of any sane soul. Let men come to Jesus, and the question of punishment, so far as they are concerned, is settled forever.
Punishment gives way to pardon; while at the same time, it is felt that the sin has not gone unpunished.—R.M.E.