If there is a dispute between men, they are to go to court to be judged, so that the innocent may be acquitted and the guilty condemned.
Inasmuch as moderation and humanity are here enjoined, it is a Supplement of the Sixth Commandment. The sum is, that, if any one is judicially condemned to be beaten with stripes, the chastisement should not be excessive. The question, however, is as to a punishment, which by lawyers is called a moderate correction, “Ce que les jurisconsultes appellent une reprimande moyenne.” — Fr.
Here is, I. A direction to the judges in scourging malefactors, Deu 25:1-3. 1. It is here supposed that, if a man be charged with a crime, the accuser and the accused (Actor and Reus) should be brought face to face before the judges, that the controversy may be determined. 2.
Commenting on Deuteronomy 25:1-4
If there be a controversy between men,.... Between two or more: and they come unto judgment; into a court of judicature, bring their cause thither: that the judges may judge them; who were never less than three; the great sanhedrim at Jerusalem consisted of seventy one, the lesser court was of twenty three, and the least of all three only: then they shall justify the...