Vermont Bar Journal, Vol. 40, No. 2 Summer 2014, Vol. 40, No. 2 | Page 10

Ruminations: Palimpsests of the V.S.A. 10 ancient and the modern world—Lev. 19:12 (“And ye shall not swear by my name falsely, neither shalt thou profane the name of thy God”). “So help me God” is no longer the default ending to the oath for truthfulness; “under the pains and penalties of perjury” is a fit substitute “when the person to whom the obligation is administered is religiously scrupulous of swearing.”30 The ninth commandment forbids false witness. Perjury is a crime punishable by up to fifteen years in prison and a fine of not more than $10,000.31 Title 12, there is a duty not to stand In by in emergencies. It is known as the Good Samaritan law. “A person who knows that another is exposed to grave physical harm shall, to the extent that the same can be rendered without danger or peril to himself or without interference with important duties owed to others, give reasonable assistance to the exposed person unless that assistance or care is being provided by others.”32 There is a fine of $100 for not assisting, and a general immunity from liability for providing reasonable assistance, unless you are grossly negligent or take money for the service.33 Basing the lesson on the commandment in Leviticus to “love thy neighbor as thyself,” the Book of Luke in the New Testa- ment relates the story of a certain lawyer who asks Jesus about eternal life. How does he inherit it? “What is written in the law?” Jesus answers with a parable, relating how a man from Jericho was beaten and robbed, and left on the side of the road, and how a priest and then a Levite walk on by, until the Samaritan “went to him, and bound up his wounds, pouring in oil and wine, and set him on his own beast, and brought him to an inn, and took care of him. And on the morrow when he departed, he took out two pence, and gave them to the host, and said unto him, Take care of him; and whatsoever thou spendest more, when I come again, I will repay thee more.”34 The Samaritan, a stranger, showed compassion toward the sufferer. In Vermont, the priest and the Levite would be liable to be fined for not stopping. Title 13: Crimes The biblical prohibition against blasphemy is found in Lev. 24:16 (“And he that blasphemeth the name of the Lord, he shall surely be put to death, and all the congregation shall certainly stone him: as well the stranger, as he that is born in the land, when he blasphemeth the name of the Lord, shall be put to death”). It was a capital offense. THE VERMONT BAR JOURNAL • SUMMER 2014 The first Vermont law against blasphemy was also punishable by death. Enacted in 1779 it prohibited using the “name of God the Father, Son, or Holy Ghost, with direct, express, presumption, and high-handed blasphemy.”35 Before its repeal in 1980, the punishment had been reduced to a fine of not more than $200, the same amount as for defaming a court of justice or a judge or justice.36 The Bible is clear on the issue of incest. Those rules dictate who may marry, and who may “uncover another’s nakedness,” believed to mean the intimate act. The heart of it is in Lev. 18:7-18. Marriages and intercourse with parents, stepparents, siblings’ spouses, siblings, aunts, uncles, daughtersin-law and sons-in-law, all are forbidden. In Vermont law, intermarriage of or fornication by persons prohibited to marry in punishable by five years or $1,000, or both.37 This prohibition is duplicated in Title 15, voiding all such marriages to a parent, grandparent, child, grandchild, sibling, sibling’s child, or parent’s sibling.38 First cousins were not forbidden partners in the Old Testament, nor are they under Vermont law.39 Bestiality, forbidden in Lev. 18:23 (“Neither shalt thou lie with any beast to defile thyself therewith: neither shall any woman stand before a beast to lie down thereto: it www.vtbar.org