Deuteronomy 17 commentary

No creature which had any blemish was to be offered in sacrifice to God. We are thus called to remember the perfect, pure, and spotless sacrifice of Christ, and reminded to serve God with the best of our abilities, time, and possession, or our pretended obedience will be hateful to him. So great a punishment as death, so remarkable a death as stoning, must be inflicted on the Jewish idolater. Let all who in our day set up idols in their hearts, remember how God punished this crime in Israel.

Courts of judgment were to be set up in every city. Though their judgment had not the Divine authority of an oracle, it was the judgment of wise, prudent, experienced men, and had the advantage of a Divine promise.

God himself was in a particular manner Israel's King; and if they set another over them, it was necessary that he should choose the person. Accordingly, when the people desired a king, they applied to Samuel, a prophet of the Lord. In all cases, God's choice, if we can but know it, should direct, determine, and overrule ours. Laws are given for the prince that should be elected. He must carefully avoid every thing that would turn him from God and religion. Riches, honours, and pleasures, are three great hinderances of godliness, (the lusts of the flesh, the lusts of the eye, and the pride of life,) especially to those in high stations; against these the king is here warned. The king must carefully study the law of God, and make that his rule; and having a copy of the Scriptures of his own writing, must read therein all the days of his life. It is not enough to have Bibles, but we must use them, use them daily, as long as we live. Christ's scholars never learn above their Bibles, but will have constant occasion for them, till they come to that world where knowledge and love will be made perfect. The king's writing and reading were as nothing, if he did not practise what he wrote and read. And those who fear God and keep his commandments, will fare the better for it even in this world.

2. If there be found among you. The same punishment is here decreed against idolaters, to which apostates had been before condemned; and thus either transgression is declared a capital crime. Hence we gather that it is accounted before God no less weighty a sin to violate His worship by gross and impure superstitions, than openly and professedly to fall away from religion altogether. Thus in Ezekiel 20:39, He bids farewell to the Jews, and as it were emancipates them, that they may go every one after his idols, when they are no longer contented with Him alone. Whilst God, however, is so rigid an exactor of punishment, He would not have judgment pronounced precipitately. These are tokens of severity, that a woman as well as a man is to be slain; that the whole people should unite in stoning them; that the evil should be removed from the midst of the land, lest the abomination should continue unpunished. On the other hand moderation is to be observed, since diligent inquiry is to be made, nor is sentence to be pronounced unless the matter is fully proved; and again, that the trial may be lawful, the accusation of one man is not to convict the accused. God therefore would not have the judges, under pretext of zeal, shed blood inconsiderately; but only, after mature inquiry, the criminal was to be punished in proportion to his transgression. By synecdoche he speaks of their cities under the name of “gates,” and alludes to the land having been “given” them, that they might not shew their want of gratitude to God by profaning it. He marks too the heinous nature of the offense, by calling it the “transgressing of God’s covenant;” as much as to say that all who go aside unto idols are covenant-breakers. For the thief, and the fornicator, and the drunkard, and such like transgress the Law indeed, but still are not placed in this category. In fine, it is not simple impiety which is here punished, but the perfidy whereby true religion is forsaken, after men have devoted themselves to God, and professed themselves to be of the number of His people. The repetition of the words “that man or that woman,” more fully confirms what I have said, viz., that although the weakness of the female sex may extenuate their guilt, yet must they not be pardoned in such a case as this, where God’s worship is directly violated. Although mention is only made of the sun, and moon, and stars, the same thing applies to images also; nay, inasmuch as it is baser to transfer God’s honor to dead stones or stocks, than to those constellations in which something divine shines forth, so much more detestable are they who plunge themselves into such stupidity.

4. Then three shalt inquire A.V., translates this word in the past tense, “and hast inquired." diligently. Although this moderation here refers only to the present matter, yet should it always be maintained in judicial proceedings, lest innocent persons should be treated with undue severity. Again, we must remember what I have said elsewhere, that judges are here not only restrained from precipitate condemnation, but also stimulated to beware of passing over, in idleness or negligence, anything that was necessary to be known. For they often fail in their duty, because they wilfully connive at guilt; and thus that which would be manifest if they would be at the pains to make more diligent inquiry, does not come to light. God, then, would not have them slumber nor take no notice of sinister reports, but rather inquire diligently as to things which may have come to their cars, so that no crime may remain unpunished. The same is the case as to witnesses; for whilst it would be unjust to pronounce sentence on the testimony of one man, still, if two or three will not suffice, there would be no end to litigation. Fitly, then, has God prescribed to judges both that they shall not be rashly credulous, and yet that they shall be content with the lawful number of witnesses; but this point will be more largely treated of elsewhere in commenting both on the Sixth and Ninth Commandments.

As His severity in exacting punishment, where murder has been unquestionably committed, shows how highly God rates the life of men, so the qualification, which we find here, declares, that he takes equal care for the preservation of innocent blood. For, since too great credulity would often impel the judges to condemn the guiltless, He here applies a remedy to this evil, forbidding that the crime should be punished unless proved by sure testimony. Although He has naturally inscribed this law upon every heart, yet he would have it written down, that its observance amongst the Israelites might be more sacred; for nothing is more dangerous than to expose men’s lives to the tongue of a single individual; but, where the consent of two or three is carefully weighed, any lurking falsehood is for the most part detected.

Lest, therefore, any one should be rashly condemned, and so innocence should be oppressed by any light conjectures, or insufficient accusations, or unjust prejudices, God here interferes, and does not allow any to be harshly dealt with, unless duly convicted.

Deuteronomy 22

Deuteronomy 22:8

8. When thou buildest a new house, then thou shalt make a battlement for thy roof, that thou bring not blood upon thine house, if any man fall from thence.

8. Si aedificaveris domum novam, facies tabulatum per circuitum in tecto tuo: nec pones sanguinem in domo tua, si quispiam ceciderit ex eo.

7. The hands of the witnesses shall be first. It was not without reason that God would have criminals put to death by the hand of those by whose testimony they were condemned. The ancient people did not employ public executioners, that there might be more solemnity, modesty, and reverence in the infliction of punishments. This office he peculiarly enjoins upon the witnesses, because the tongue of many is too hasty, not to say worse of it, so that they do not hesitate to stab people verbally, when they would not dare to lay a finger upon them. This, then, was an excellent remedy for the repression of light accusations, not to admit the testimony of any, whose hand was not prepared to execute the sentence. Stoning was indeed a sad and horrible kind of punishment; but it is probable that God made choice of it because it required the application of many hands. If hanging had not been in use, God would have commanded in vain that the corpse of a man who had been hanged should be taken down from the tree before sunset. (Deuteronomy 21:23.) There were, therefore, other kinds of capital punishment; but when the land was to be purged, as by a propitiation, by the death of the sinner, he was to be stoned by the hands of the whole people, since it would have been cruel for him to be slain by a lingering death, which would have been the case if they had stoned him one after another. The reason why the people were commanded to cast the stones with one consent was, that they might give proof of their zeal, and manifest their great indignation that God’s worship had been violated.

The Third Commandment

Exodus 20

Exodus 20:7

7. Thou shalt not take the name of the LORD thy God in vain; for the LORD will not hold him guiltless that taketh his name in vain.

7. Non sumes nomen Jehovae Dei tui in vanum: quia non absolvet eum Jehova qui nomen suum sumpserit in vanum.

its repetition

Deuteronomy 5

Deuteronomy 5:11

11. Thou shalt not take the name of the LORD thy God in vain: for the LORD will not hold him guiltless that taketh his name in vain.

11. Non sumes nomen Jehovae Dei tui in vanum: quia non absolvet Jehova eum qui nomen suum sumpserit in vanum.

8 If there arise a matter too hard for thee. The principal office of the priests is here described under a single head, viz., that they should declare what was right in doubtful and obscure matters out of the Law of God; for although God seems only to refer to civil controversies, yet there is no doubt but that by synecdoche He appoints them to be interpreters of the doctrine of the Law. That their authority might be more reverenced in general, He commands the people to acquiesce in their judgment even on the most disagreeable points: for if their sentence is to be submitted to where a man’s life is in question, or when any disputes are to be settled, much more is all exception taken away with respect to God’s worship and spiritual doctrine. I confess that the priests are not the sole judges here appointed, but that others of the people are associated with them as colleagues, yet the dignity of the priesthood is especially exalted. The opinion which some hold, that the high priest alone is intended by the word judge, is easily refuted; because Moses distinctly enumerates the priests, the Levites, and the judge. But it is probable that there is by enallage a change of number in it; for it appears from the sacred history that several were appointed, where Jehoshaphat is related to have chosen “of the Levites, and of the priests, and of the chief of the fathers of Israel” to preside at Jerusalem in judgment. (2 Chronicles 19:8.) Assuredly the pious king would have been unwilling to depart in the very least degree from the rule of the Law, and his zeal is praised by the Holy Spirit Himself: but this was the arrangement made, as appears a little further on, that the high priest held the primacy “in matters of the Lord,” and the king’s governor attended to civil causes and earthly affairs. And thus again is confirmed what I have lately adverted to, i.e., that the office of teaching was entrusted to the priests, that they might solve any difficult questions, which is also supported by the words of Jehoshaphat, when he says, “And what cause soever shall come to you of your brethren — between blood and blood, between law and commandment, statutes and judgments, ye shall even warn them that they trespass not against the Lord.” (2 Chronicles 19:10.)

Certainly, as the cognisance of capital crimes properly belonged to judges of the other tribes, so determinations as to precepts and statutes, and the interpretation of the whole Law, was the peculiar province of the priests; nor can we doubt but that the words of Malachi, (Malachi 2:7,) “the priests’ lips should keep knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of hosts,” were taken from this passage. Now, to come to the sum of this, God appoints the seat of judgment to be at the sanctuary; for, although in the first verse He seems to nominate the priests and judges indiscriminately to the decision of earthly quarrels, yet in the fourth verse from this He sufficiently shews that another province is committed to the priests, i.e., to keep the people in sound and pure doctrine, and to expound what is right — in a word, to be the teachers of the Church. But, although the people were to assent to whatever they should decide, so that it would be sinful for them to decline from it to the right hand or the left, yet a tyrannical power was not thus put into their hands, as if, when they had arbitrarily changed light into darkness, their perverted decisions were to be deemed oracular. Their interpretation was to be received without appeal; yet, on the other hand, this rule was prescribed to them, that they should speak as from the mouth of God. It is true that the word here used is, תורה, על-פי תורה, ver. 11. “According to the sentence of the law,” A. V. The noun תורה is avowedly formed from the verb, ירה whose most ordinary meaning in Hiphil is to teach. Hence the noun in its primary meaning signifies teaching. פי is the mouth, and hence the voice, which proceeds from it. על-פי according to the word, or declaration. —. W. thorah; which, although it means teaching, yet undoubtedly signifies that teaching which is comprised in the Law, nay, it is equivalent to the word law. And of this Jehoshaphat is a faithful interpreter, when he enumerates the divisions, of which Scripture everywhere shews the Law of Moses to consist. Although פי, phi, taken metaphorically, is equivalent in Hebrew to discourse, yet it here emphatically expresses the sentence which shall be taken from the pure teaching of the Law. The children of Israel, therefore, are commanded to do what the priests shall have taught them; but how? according to the sentence taken from the Law. Nor can it be doubted but that God at the same time furnished those, whom He desired to exalt to such a high dignity, with the spirit of understanding and rectitude, that they might not deliver any improper sentence. And this also is conveyed by the promise, “They shall shew thee the sentence of judgment:” since it would have been absurd that the people should have obeyed God in vain, and to their own destruction. Since now one sole Priest, who is also our Master, even Christ, is set over us, wo be unto us if we do not simply submit ourselves to His word, and are not ready to obey Him, with all the modesty and teachableness that becomes us.

Rights of the Priests

Numbers 5

Numbers 5:9, 10

9. And every offering of all the holy things of the children of Israel, which they bring unto the priest, shall be his.

9. Omnis oblatio sanctificationum in filiis Israel, sacerdoti quam efferent erit ipsius.

10. And every man’s hallowed things shall be his: whatsoever any man giveth the priest, it shall be his.

10. Qued quisque sanctificaverit sacerdotis erit, et tradetur in manum ejus.

He pronounces a similar punishment on those who shall have contumaciously rejected the judgment of the priests. We have already seen that the prophetical office was united with the priesthood; since, according to Malachi 2:4, the covenant of God was with Levi, that his descendants might be the guardians of His knowledge, and the interpreters of His law: yet God often punished the laxity of the priests, by setting other teachers over his people. At any rate, both were ambassadors for Him. Since, therefore, the authority of the prophets had been sanctioned above, the same rights are now conferred upon the priests; nor is this surprising, for it was no trifling crime to despise God, the appointer of this order. Yet we must remember what I have elsewhere stated, that the priests were not armed with tyrannical authority, so that it was sinful to reject whatever they might have decreed according to their own fancy. For neither did God dethrone Himself when He appointed them, nor did He bind men’s consciences to obey their ordinances without distinction, but only would put reins on the audacity of those who have no scruple in undervaluing the government of the Church. For this must be considered, that foul and horrible would be the disorder, if men were promiscuously permitted to reject whatever the rulers of the Church may have appointed; and it would be ridiculous that persons should be called to govern, to whom no dignity should be accorded; and, therefore, natural reason itself shews and dictates, that the reverence, which is here demanded, is due to all lawful commands. God was the author of the priesthood: He, too, ordained judges. What could be more absurd than that they should be despised and laughed at with impunity, who presided in the name and by the command of God? But He has never exalted a mortal man so high as to abdicate His own rights; nay, it was often necessary boldly to reject what the priests had commanded. Urijah the priest built a profane altar in the fashion of that at Damascus, which Ahaz had sent, and offered a sacrifice thereon, “Ce vilein traistre Urie y offroit;” that vile traitor Urijah offered on it. — Fr. (2 Kings 16:12,) was it necessary that Isaiah should acquiesce in this? Nay, detestable was the adulation of all who assented to the decree of a wicked and perfidious priest. Moreover, we see that the prophets were very often so far from agreeing with the priests, that they waged open war with them. But the whole of this matter is decided by the words of Moses, for he does not unreservedly condemn all who should not obey, but restricts his law by the addition of a special mark, viz., if the contempt should arise from presumption or arrogance. Therefore it was not else a capital crime to disobey the priest or the judge, unless any one should insolently and proudly oppose himself to the ordinance established by God. Otherwise this exception would have been interposed without reason. In fine, the priests of old were to be obeyed, as far as it concerned the public peace that the pastors ordained by God should be reverently honored; yet so as that there should be no departure from God Himself, the one Head and Prince of all pastors. We have elsewhere seen how foolishly the Papists take this to themselves “Combien les Papistes sont sots et badins, voulant faire leur profit de ce passage;” how silly and trifling the Papists are, in seeking to make their profit of this passage. — Fr.

13. And all the people. He shews from the object of the enactment why the proud despisers (of the priests) were not to be spared; for punishments have reference to common example, whilst, on the other hand, impunity is a bait to sin, and the nurse of unbridled licentiousness. And, assuredly, when He commands that the whole people should be inspired with terror, it is a hint that, unless presumption should be corrected, and the bold and wicked should be restrained by severe discipline, the door would be opened to them to destroy the Church.

Deuteronomy 13

Deuteronomy 13:6-11

6. If thy brother, the son of thy mother, or thy son, or thy daughter, or the wife of thy bosom, or thy friend, which is as thine own soul, entice thee secretly, saying, Let us go and serve other gods, which thou hast not known, thou, nor thy fathers;

6. Si incitaverit te frater tuus, filius matris tuae, aut filia tua, aut filia tua, aut uxor complexus tui, aut amicus tuus qui sit sicut anima tua, clam dicendo, Eamus et colamus deos alienos quos non noveris neque tu, neque patres tui:

7. Namely, of the gods of the people which are round about you, nigh unto thee, or far off from thee, from the one end of the earth even unto the other end of the earth;

7. E diis populorum qui sunt in circuitu vestro, sive propinqui sint, sive remoti a te, ab extremo regionis usque ad extremum ejus:

8. Thou shalt not consent unto him, nor hearken unto him; neither shall thine eye pity him, neither shalt thou spare, neither shalt thou conceal him:

8. Non acquiesces ei, neque obedies ei, nec parcet ei oculus tuus, neque misereberis, neque occultabis eum:

9. But thou shalt surely kill him; thine hand shall be first upon him to put him to death, and afterwards the hand of all the people.

9. Sed occidendo occides eum: manus tua erit in eum prima ad ipsum interficiendum, deinde manus universi populi.

10. And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from the LORD thy God, which brought thee out of the land of Egypt, from the house of bondage.

10. Et lapidabis eum lapidibus et morietur: quia quaesivit te abstrahere a Jehova Deo tuo, qui eduxit te e terra AEgypti, e domo servorum

11. And all Israel shall hear, and fear, and shall do no more any such wickedness as this is among you.

11. Ut totus Israel audiant et timeant, nec addant facere quicquam simile huic rei pravae in medio tui

14. When thou art come unto the land. In this passage God sets forth the merits of that sacerdotal kingdom, of which mention is made elsewhere; for, since the splendor of the royal name might dazzle their eyes, so that they should forget that God retained the sovereignty over them, they are thus early admonished how unjust it would be if the majesty of God should be diminished by the rule of a mortal man. In sum, the power of kings is here put beneath that of God; and kings themselves are consecrated unto obedience to Him, lest the people should ever turn to ungodliness, whatever change of government might take place. But although under the judges religion was often subverted, yet it was not without a cause that a special law was enacted with respect to kings, because nothing is more likely than that earthly pomps should draw men away from piety. Now we understand the design of God in this matter, let us proceed to examine its several parts. He passes over (as I have said) all the intermediate time until the beginning of the kingdom, because this new state of things brought with it an increase of danger: for as long as the judges were in power, their different form of government separated the Jews from heathen nations. All the surrounding neighbors were subject to kings; and God always retained the preeminence, whilst He raised up judges from amongst the people; but when they began to choose kings for themselves, they were so mixed up with the Gentiles, that it was easy for them to fall into other corruptions. For the very similarity (of their governments) united them more closely; wherefore, it is expressly said, When thou shalt set a king over thee “like as all the nations that are about” thee. For God signifies that the example of the nations would be an evil snare to them, that they should desire to have a king, and thus their condition would in future be identical, though by divine decree it had been distinct. In short, their rebellion is here indirectly condemned, when God foretells that they would wantonly shake off their yoke; as indeed actually took place, when they rejected Samuel, and tumultuously required a king. On which point God elsewhere complains that He was despised. But the question arises, how these two things can be reconciled, that kings should reign over them from the lust or foolish desire of the people, and yet that the kingdom was the chief glory of the people, a special pledge of God’s favor, and consequently of their welfare and full felicity. The prophecy of Jacob is well known,

"The scepter shall not depart from Judah, — until Shiloh come.” (Genesis 49:10.)

Whence it appears that a king was promised to the children of Abraham as an inestimable blessing. Why, then, does not God declare Himself its author? I reply that, although it was God’s design from the beginning to set up David as a type of Christ, yet, because their unseemly haste disturbed the order of things, the commencement of the kingdom is ascribed to the people’s fault, when they were impelled by their perverse emulation to wish to be like the Gentiles. God appears then to have designedly censured their wilfulness, as if He had said, “Although by appointing a king, you approach more nearly to the Gentiles, beware lest your perverse desire should altogether turn you away from true religion.

15. Thou shalt in any wise set him king over thee. First of all, God maintains His own supremacy in the appointment of a king, and does not consign the matter to the people’s own suffrages; that thus He may chastise their audacity in demanding a king in accordance with a hasty impulse. Secondly, He commands that he should be taken from the people themselves, and excludes foreigners, because, if they had been admitted, a door was opened to apostasy; for each would have tried to force upon them his native gods, and true religion would have been persecuted by the force and threatenings of the royal power. Behold why God would not suffer a king to be sought elsewhere but from the bosom of His Church; in order that he might cherish and maintain that pure worship which he had imbibed from his childhood.

16 But he shall not multiply horses. The royal power is here circumscribed within certain limits, lest it should exalt itself too much in reliance on the glory of its dignity, Addition in Fr, “Et face du cheval eschappe;” and act like a runaway horse For we know how insatiable are the desires of kings, inasmuch as they imagine that all things are lawful to them. Therefore, although the royal dignity may be splendid, God would not have it to be the pretext of unrestrained power, but restricts and limits it to legal bounds. “Le mot que nous avons translate au reste ” In the Latin, verum; A. V., but. רק, rak, is an adversative particle which some construe only; almost with the same meaning, because this exception was added to restrain the passions of their kings. The first prohibition is, that he should not collect for himself a multitude of horses; but, since it is twice repeated, we must consider why it is so. Many thus translate it, “He shall not multiply horses, nor cause the people to return to Egypt, to multiply horses;” but this manner of speaking is harsh and obscure. Now, since the particle למען lemagnan, signifies “for the sake of (propter), it may be properly translated to the letter, “for the sake of multiplying horses,” (propter multiplicare, vel propter ad multiplicandum.) I have no doubt, then, but that God condemns an immoderate number of horses from the consequences which might ensue; because it might excite the minds of the kings rashly to undertake expeditions against the Egyptians. This, therefore, I consider to be the genuine meaning, that the king should not provide himself with horses in too great numbers, lest, when he was in possession of many horses, he should lead his army into Egypt. Thus, amongst other evils which might arise from a multitude of horses, Moses mentions this, that the king’s mind will be puffed up with pride, so as to invade Egypt with an army of horse. Now, the question is, why God forbade His people to return by that way? Some explain it, that the horses would be brought contrary to God’s command, who had forbidden them to trade (with that people;) Addition from Fr. but this does not seem appropriate. Others think that the people were prohibited from passing the desert, lest in their curiosity they should be ungrateful to God; but this, too, is far-farfetched. To me it seems probable, that this journey was prohibited them, in order that, being mindful of their deliverance, they should be content with their own boundaries. They had been rescued from a thousand deaths: if they had voluntarily gone thither to provoke an adversary, their confidence would have been a sign of their despising and forgetting God’s grace. Therefore, in order that the recollection of their redemption should be deeply impressed upon their minds, God would have the honor put upon His miracles, that they should avoid those regions like the abysses of death. Unless perhaps this reason may be preferred, that a handle for those wicked alliances was cut off, which we see were audaciously contracted, because the kings of Israel gloried in the abundance of their cavalry. But the former explanation is most suitable. This law, however, was not obeyed by their best kings; and hence it appears that the wilfulness and pride of their kings could scarcely be repressed by any restraints.

17 Neither shall he multiply wives to himself. Polygamy at that time had generally prevailed, so that the very humblest of the people violated the marriage vow with impunity; and therefore it was necessary that the kings should be bound with closer restrictions, lest by their example they should give greater countenance to incontinency. And thus their ignorance is easily refuted who conclude that what was specially interdicted to the kings was permitted to private individuals, whereas the law of chastity was imposed upon the former, because without this remedy there would be no bounds to their lasciviousness. Besides, the people would have been subjected to great expense on their account, since such is the ambition of women, that they would all have desired to receive royal treatment, and would have even vied with each other in finery, as actually came to pass. David transgressed this law, and in some degree excusably on account of his repudiation by Michal; still it appears that lust had more power over him than the continency prescribed by God. What follows is so connected by some as if it were the reason of the foregoing sentence, in this way, “that kings were not to multiply wives to themselves, lest their heart should turn away from what was right,” as was the case with Solomon; for, from being too devoted to his wives, and being deceived by the snares of women, he fell into idolatry. And assuredly it can scarcely fail to happen, that when many wives beset a man, they must render his mind effeminate, and stifle in him all his manly good sense. Yet I prefer taking the clause separately, that kings must beware lest the splendor of their dignity should affect the soundness of their judgment, for nothing is more difficult than for one in great power to continue disposed to temperance. Therefore God does not in vain enjoin that they should constantly persevere in their duty, and not lose their understanding. Moreover, He forbids kings to heap up treasures, because it cannot be done without rapine and violent exactions; whilst, at the same time, wealth encourages them audaciously to undertake unjust wars, incites them to gross dissipation, and at length hurries them forward to tyrannical excesses. First, therefore, God would have kings beware, lest in their pursuit of riches they should exhaust the blood of the people, and lest they should lavish their ill-gotten money in superfluous expenses, and be extravagant with what belongs to others; and lastly, lest they should be tempted by the pride of wealth to attempt unlawful things.

18. And it shall be, when he sitteth upon the throne. It would not be enough to correct their errors unless kings were also instructed in the fear of God, and properly taught their duty; now, therefore, a system of discipline is added, whereby it was profitable for them to be grounded in the study of religion and justice, viz., that they should take the Law from the priests and Levites, which was to be the rule of all their actions. Because the demonstrative pronoun is used, “Pource qu’il dit, de ceste loy;” because he says, of this law. — Fr. The LXX. translation is, Καὶ γράψει ἑαυτῷ τὸ Δευτερονόμιον τῦτο εἰς βιβλίον παρὰ τῶν ἱερέων τῶν Λευιτῶν C. seems to overlook the command that it should be transcribed by the king himself, of which, notwithstanding the opinion of some ancient commentators, the words appear to leave no doubt. some think that only the book of Deuteronomy is referred to, but without good reason. I make no doubt but that the whole sum of doctrine is included, which is delivered both here and in Exodus and Leviticus. But although it was without exception to be common to all, yet in order that kings might be more assiduously attentive in reading it, God would have a copy peculiarly dedicated to their use by the priests and Levites, and given into their hands in a solemn ceremony; that kings might know that they required greater wisdom and counsel for ruling the people than private persons. When, therefore, the priests and Levites presented them with this book, it was as if God deposited this treasure with the king. He then enjoins that they should exercise themselves in the doctrine of the Law through the whole course of their lives, because kings are usually supplied with books only out of ostentation and pomp, and when they have tasted of what is taught in them, straightway grow tired and cease to read them. Finally, the object of their reading is subjoined: first of all, in general, that they may learn to fear God and keep His statutes; and, secondly, lest, being lifted up with pride and vanity, they should despise and oppress their brethren. And the word brethren is used designedly, lest they should imagine that the law of brotherhood was abolished, because they were set over the whole people; but rather that they should study to cherish all as members (of themselves.) Again, it is afterwards repeated, lest they should “turn aside to the right hand or the left;” because, when men have much liberty of action, their lusts can never be sufficiently restrained. But, lest it should be grievous to them to be thus reduced to order, finally God reminds them that this moderation would be useful to them, for that they thus would prolong their reigns; whereas the tyranny of kings is often their destruction; as the Lacedemonian king replied, when his wife was annoyed that the Ephori were appointed to restrain him, “that he should indeed leave less power to his children, but that it would be the more lasting. This anecdote of Theopompus is mentioned by Aristotle, Pol. v. 11; Plutarch, in vita Lycurgi, Section 7; and Valerius Max., lib. 4. cap. 1. Section 8. But, here a long succession is promised by God’s favor, if they were willing to guide themselves aright.

Deuteronomy 20

Deuteronomy 20:1-4

1. When thou goest out to battle against thine enemies, and seest horses, and chariots, and a people more than thou, be not afraid of them: for the LORD thy God is with thee, which brought thee up out of the land of Egypt.

1. Quum egressus fueris ad praelium contra hostes tuos ac videris equitatum, currus, et populum majorem te, non metues ab illis: quia Jehova Dens tuus tecum est, qui te eduxit e terra AEgypti.

2. And it shall be, when ye are come nigh untothe battle, that the priest shall approach and speak unto the people,

2. Et quum occurreritis ad praelium, accedet sacerdos ad populum,

3. And shall say unto them, Hear, O Israel; ye approach this day unto battle against your enemies: let not your hearts faint; fear not, and do not tremble, neither be ye terrified because of them;

3. Ac dicet illis, Audi Israel, vos occurretis hodie ad praeliandum cum hostibus vestris: ne mollescat cor vestrum, neque timeatis, neque terreamini, neque paveatis a facie eorum:

4. For the LORD your God is he that goeth with you, to fight for you against your enemies, to save you.

4. Quoniam Jehova Deus vester incredit vobiscum ad praeliandum pro vobis contra hostes vestros, et ad servandum vos.

CHAPTER 17

De 17:1. Things Sacrificed Must Be Sound.

1. Thou shalt not sacrifice ... any bullock, or sheep, wherein is blemish--Under the name of bullock were comprehended bulls, cows, and calves; under that of sheep, rams, lambs, kids, he- and she-goats. An ox, from mutilation, was inadmissible. The qualifications required in animals destined for sacrifice are described (Ex 12:5; Le 1:3).

De 17:2-7. Idolaters Must Be Slain.

2-7. If there be found among you ... man or woman, that hath wrought wickedness--The grand object contemplated in choosing Israel was to preserve the knowledge and worship of the one true God; and hence idolatry of any kind, whether of the heavenly bodies or in some grosser form, is called "a transgression of His covenant." No rank or sex could palliate this crime. Every reported case, even a flying rumor of the perpetration of so heinous an offense, was to be judicially examined; and if proved by the testimony of competent witnesses, the offender was to be taken without the gates and stoned to death, the witnesses casting the first stone at him. The object of this special arrangement was partly to deter the witnesses from making a rash accusation by the prominent part they had to act as executioners, and partly to give a public assurance that the crime had met its due punishment.

De 17:8-13. The Priests and Judges to Determine Controversies.

8-13. If there arise a matter too hard for thee in judgment--In all civil or criminal cases, where there was any doubt or difficulty in giving a decision, the local magistrates were to submit them by reference to the tribunal of the Sanhedrim--the supreme council, which was composed partly of civil and partly of ecclesiastical persons. "The priests and Levites," should rather be "the priests--the Levites"; that is, the Levitical priests, including the high priest, who were members of the legislative assembly; and who, as forming one body, are called "the judge." Their sittings were held in the neighborhood of the sanctuary because in great emergencies the high priest had to consult God by Urim (Nu 27:21). From their judgment there was no appeal; and if a person were so perverse and refractory as to refuse obedience to their sentences, his conduct, as inconsistent with the maintenance of order and good government, was then to be regarded and punished as a capital crime.

De 17:14-20. The Election and Duty of a King.

14. When thou ... shalt say, I will set a king over me--In the following passage Moses prophetically announces a revolution which should occur at a later period in the national history of Israel. No sanction or recommendation was indicated; on the contrary, when the popular clamor had effected that constitutional change on the theocracy by the appointment of a king, the divine disapproval was expressed in the most unequivocal terms (1Sa 8:7). Permission at length was granted, God reserving to Himself the nomination of the family and the person who should be elevated to the regal dignity (1Sa 9:15; 10:24; 16:12; 1Ch 28:4). In short, Moses foreseeing that his ignorant and fickle countrymen, insensible to their advantages as a peculiar people, would soon wish to change their constitution and be like other nations, provides to a certain extent for such an emergency and lays down the principles on which a king in Israel must act. He was to possess certain indispensable requisites. He was to be an Israelite, of the same race and religion, to preserve the purity of the established worship, as well as be a type of Christ, a spiritual king, one of their brethren.

15. thou mayest not set a stranger over thee, which is not thy brother--that is, by their free and voluntary choice. But God, in the retributions of His providence, did allow foreign princes to usurp the dominion (Jr 38:17; Mt 22:17).

16. he shall not multiply horses to himself--The use of these animals was not absolutely prohibited, nor is there any reason to conclude that they might not be employed as part of the state equipage. But the multiplication of horses would inevitably lead to many evils, to increased intercourse with foreign nations, especially with Egypt, to the importation of an animal to which the character of the country was not suited, to the establishment of an Oriental military despotism, to proud and pompous parade in peace, to a dependence upon Egypt in time of war, and a consequent withdrawal of trust and confidence in God. (2Sa 8:4; 1Ki 10:26; 2Ch 1:16; 9:28; Is 31:3).

17. Neither shall he multiply wives to himself, that his heart turn not away--There were the strongest reasons for recording an express prohibition on this point, founded on the practice of neighboring countries in which polygamy prevailed, and whose kings had numerous harems; besides, the monarch of Israel was to be absolutely independent of the people and had nothing but the divine law to restrain his passions. The mischievous effects resulting from the breach of this condition were exemplified in the history of Solomon and other princes, who, by trampling on the restrictive law, corrupted themselves as well as the nation.

neither shall he greatly multiply ... silver and gold--that is, the kings were forbidden to accumulate money for private purposes.

18-20. he shall write him a copy of this law in a book--The original scroll of the ancient Scriptures was deposited in the sanctuary under the strict custody of the priests (see on De 31:26; 2Ki 22:8). Each monarch, on his accession, was to be furnished with a true and faithful copy, which he was to keep constantly beside him, and daily peruse it, that his character and sentiments being cast into its sanctifying mould, he might discharge his royal functions in the spirit of faith and piety, of humility and a love or righteousness.

Wherein is blemish - God must not have that offered to him which thou wouldst not use thyself. This not only refers to the perfect sacrifice offered by Christ Jesus, but to that sincerity and uprightness of heart which God requires in all those who approach him in the way of worship.

If it be told thee - In a private way by any confidential person. And thou hast heard of it; so that it appears to be notorious, very likely to be true, and publicly scandalous. And hast inquired diligently - sought to find out the truth of the report by the most careful examination of persons reporting, circumstances of the case, etc. And, behold, it be true - the report is not founded on vague rumor, hearsay, or malice. And the thing certain - substantiated by the fullest evidence. Then shalt thou bring forth that man, Deu 17:5. As the charge of idolatry was the most solemn and awful that could be brought against an Israelite, because it affected his life, therefore God required that the charge should be substantiated by the most unequivocal facts, and the most competent witnesses. Hence all the precautions mentioned in the fourth verse must be carefully used, in order to arrive at so affecting and so awful a truth.

Two witnesses - One might be deceived, or be prejudiced or malicious; therefore God required two substantial witnesses for the support of the charge.

If there arise a matter too hard for thee - These directions are given to the common magistrates, who might not be able to judge of or apply the law in all cases that might be brought before them. The priests and Levites, who were lawyers by birth and continual practice, were reasonably considered as the best qualified to decide on difficult points.

The man that will do presumptuously - The man who refused to abide by this final determination forfeited his life, as being then in a state of rebellion against the highest authority, and consequently the public could have no pledge for his conduct.

One from among thy brethren shalt thou set king over thee - It was on the ground of this command that the Jews proposed that insidious question to our Lord, Is it lawful to give tribute to Caesar, Or No? Mat 22:17; for they were then under the authority of a foreign power. Had Christ said Yes, then they would have condemned him by this law; had he said No, then they would have accused him to Caesar. See this subject discussed in great detail in the notes, Mat 22:16 (note), etc.

He shall not multiply horses - As horses appear to have been generally furnished by Egypt, God prohibits these,

1. Lest there should be such commerce with Egypt as might lead to idolatry.

2. Lest the people might depend on a well-appointed cavalry as a means of security, and so cease from trusting in the strength and protection of God. And,

3. That they might not be tempted to extend their dominion by means of cavalry, and so get scattered among the surrounding idolatrous nations, and thus cease, in process of time, to be that distinct and separate people which God intended they should be, and without which the prophecies relative to the Messiah could not be known to have their due and full accomplishment.

Neither shall he multiply wives - For this would necessarily lead to foreign alliances, and be the means of introducing the manners and customs of other nations, and their idolatry also. Solomon sinned against this precept, and brought ruin on himself and on the land by it; see 1Kgs 11:4.

He shall write him a copy of this law - משנה התורה הזאת mishneh hattorah hazzoth, an iteration or duplicate of this law; translated by the Septuagint, το δευτερονομιον τουτο this deuteronomy. From this version both the Vulgate Latin and all the modern versions have taken the name of this book; and from the original word the Jews call it Mishneh. See the preface to this book.

Out of that which is before the priests the Levites - It is likely this means, that the copy which the king was to write out was to be taken from the autograph kept in the tabernacle before the Lord, from which, as a standard, every copy was taken and with which doubtless every copy was compared; and it is probable that the priests and Levites had the revising of every copy that was taken off, in order to prevent errors from creeping into the sacred text.

And it shall be with him, etc. - It was the surest way to bring the king to an acquaintance with the Divine law to oblige him to write out a fair copy of it with his own hand, in which he was to read daily. This was essentially necessary, as these laws of God were all permanent, and no Israelitish king could make any new law, the kings of this people being ever considered as only the vice-gerents of Jehovah.

He, and his children, in the midst of Israel - From this verse it has been inferred that the crown of Israel was designed to be hereditary, and this is very probable; for long experience has proved to almost all the nations of the world that hereditary succession in the regal government is, on the whole, the safest, and best calculated to secure the public tranquillity.

Bullock or sheep - Either greater or smaller sacrifices, all being comprehended under the two most eminent kinds.

ln transressing his covenant - That is, in idolatry, as it is explained De 17:3, which is called a transgression of God's covenant made with Israel, both because it is a breach of their faith given to God and of that law which they covenanted to keep; and because it is a dissolution of that matrimonial covenant with God, a renouncing of God and his worship, and a chusing other Gods.

The host of heaven - Those glorious creatures, which are to be admired as the wonderful works of God, but not to be set up in God's stead. By condemning the most specious of all idolaters, he intimates, how absurd a thing it is to worship stocks and stones, the works of men's hands. I have not commanded - That is, I have forbidden. Such negative expressions are emphatical.

Witnesses - Namely, credible and competent witnesses. The Jews rejected the testimonies of children, women, servants, familiar friends or enemies, persons of dissolute lives or evil fame.

First upon him - God thus ordered it, for the caution of witnesses, that, if they had thro' malice or wrath accused him falsely, they might now be afraid to imbrue their hands in innocent blood; and for the security and satisfaction of the people in the execution of this punishment.

For thee - He speaks to the inferior magistrates, who were erected in several cities. If thou hast not skill to determine, between blood and blood - That is, in capital causes. Between plea and plea - In civil causes, about words or estates. Between stroke and stroke - In criminal causes, concerning blows, or wounds inflicted by one man upon another. Matters of controversy - That is, such things being doubtful, and the magistrates divided in their opinions about it. Chuse - Namely to set up his tabernacle, or temple there; because there was the abode, both of their sanhedrim, which was constituted of priests and civil magistrates, and of the high - priests, who were to consult God by Urim, in matters which could not be decided otherwise.

Unto the priests - That is, unto the great council, which consisted chiefly of the priests and Levites, as being the best expositors of the laws of God, by which all those controversies were to be decided. And the high - priest was commonly one of that number, understood here under the priests, whereof be was the chief. The judge - Probably the high - priest, to whom it belonged to determine, some at least, of those controversies, and to expound the law of God. And he may be distinctly named, tho' he be one of the priests, because of his eminency, and to shew that amongst the priests, he especially was to be consulted in such cases. The sentence of judgment - Heb. The word, or matter of judgement, that is, the true state of the cause, and what judgment or sentence ought to be given in it.

Thou - Thou shalt pass sentence: he speaks to the inferior magistrates; who were to give sentence, and came hither to be advised about it.

Thou shalt do - In particular suits between man and man, altho' the judge be hereby confined to his rule in giving the sentence, yet it seems but fit and reasonable that people should be bound simply to acquiesce in the sentence of their last and highest judge, or else there would have been no end of strife.

Do presumptuously - That will proudly and obstinately oppose the sentence given against him. The evil - The evil thing, that scandal, that pernicious example.

When thou shalt - He only foresees and foretells what they would do, but doth not approve of it. Yea when they did this thing for this very reason, he declares his utter dislike of it, 1Sam 8:7.

Thy God shall chuse - Approve of, or appoint. So it was in Saul and David. God reserved to himself the nomination both of the family, and of the person. Thy brethren - Of the same nation and religion; because such a person was most likely to maintain true religion, and to rule with righteousness, gentleness, and kindness to his subjects; and that he might be a fit type of Christ their supreme king, who was to be one of their brethren.

He shall not multiply horses - Tho' he might have horses for his own use, yet he was not to have many horses for his officers and guard, much less for war, lest he should trust in them. The multiplying horses is also forbidden, lest it should raise too great a correspondence with Egypt which furnished Canaan with them. The Lord hath said - The Lord hath now said to me, and I by his command declare it to you. Ye shall no more return that way - Into Egypt, lest ye be again infected with her idolatries.

Turn away - From God and his law.

He shall write - With his own hand, as the Jews say. Out of that - Out of the original, which was carefully kept by the priests in the sanctuary, that it might be a perfect copy, and that it might have the greater influence upon him, coming to him as from the hand and presence of God.

All the days of his life - 'Tis not enough to have Bibles, but we must use them, yea, use them daily. Our souls must have constant meals of that manna, which if well digested, will afford them true nourishment and strength.

If his heart be not lifted up - He intimates, that the scriptures diligently read, are a powerful means to keep him humble, because they shew him in that, tho' a king, he is subject to an higher monarch, to whom he must give an account of all his administrations, and receive from him his sentence agreeable to their quality, which is sufficient to abate the pride of the haughtiest person in the world.

1 THou shalt not sacrifice unto the LORD thy God any bullock or sheep , wherein is blemish, or any evil-favouredness: for that is an abomination unto the LORD thy God.

(i. e.) Either greater or smaller sacrifices, all being comprehended under the two most eminent kinds. See on Levit. 22. 20, 21.

(i. e.) Abhominable, as Deut. 18. 12.

Marginal references: chap. 1[illegible: 1+ letters] 11. Mal. 1. 8.; Or, g[illegible: 1+ letters].

2 If there be found among you within any of thy gates which the LORD thy God giveth thee, man or woman that hath wrought wickedness in the sight of the LORD thy God, in transgressing his covenant :

The weakness and tenderness of that Sex shall not excuse her sin nor prevent her punishment.

i. e. In Idolatry, as it is explained v. 3. which is called a transgressing of Gods Covenant made with Israel, partly because it is a breach of their faith given to God and of that Law which they covenanted to keep, and principally because it is a dissolution of their matrimonial Covenant with God, a renouncing of God and his worship and service, and a chusing other Gods.

Marginal references: chap. 13. [illegible: 1+ letters]

3 And hath gone and served other gods, and worshipped them, either the sun, or the moon, or any of the host of heaven , which I have not commanded :

Those glorious creatures, which are to be admired as the wonderful works of God, but not to be set up in Gods stead, nor worshipped as Gods; see Iob 31. 26. By condemning the most specious and reasonable of all Idolatries, he intimates, how absurd a thing it is to worship stocks and stones, the works of mens hands.

(i. e.) I have forbidden, to wit, Exod. 20. Such negative expressions are oft emphatical and imply the contrary, as Prov. 10. 2. and 17. 21. and 24. 23.

Marginal references: chap. 4. 1[illegible: 1+ letters] ▪

4 And it be told thee , and thou hast heard of it, and enquired diligently , and behold, it be true: and the thing certain, that such abomination is wrought in Israel:

By any person, thou shalt not sleight so much as a rumour or flying report of so gross a crime.

By sending messengers, examining witnesses, &c.

6 At the mouth of two witnesses, or three witnesses , shall he that is worthy of death, be put to death: but at the mouth of one witness, he shall not be put to death.

(i. e.) Upon the Testimony delivered upon oath before the Magistrates.

To wit, credible and competent witnesses. The Jews rejected the Testimonies of Mad-men, Children, Women, Servants, familiar Friends or Enemies, persons of dissolute lives and evil fame.

Marginal references: Num. 35. 30. Chap. 19. 15. Matth. 18. 16. Joh. 8. 17. [illegible: 1+ letters] Cor. 13. 1. 1 Tim. 5. 19. Heb. 10. 28.

7 The hand of the witnesses shall be first upon him , to put him to death and afterward the hand of all the people : so thou shalt put the evil away from among you.

Either laid upon his head to design the person, or stretched out to throw the first stone at him. God thus ordered it, partly for the caution of witnesses, that, if they had through malice or wrath accused him falsely, they might now be afraid to imbrue their hands in innocent blood; partly for the security and satisfaction of the people in the execution of this punishment.

Who being all highly and particularly obliged to God, are bound to express their zeal for his honour and service, and their detestation of all persons and things so highly dishonourable and abominable to him.

Marginal references: Chap. 13. 9.; Chap. 13. 5.

8 If there arise a matter too hard for thee in judgment, between blood and blood , between plea and plea , and between stroke and stroke , being matters of controversie within thy gates: then shalt thou arise, and get thee up into the place which the LORD thy God shall chuse :

He speaks to the inferiour Magistrates, who were erected in several Cities, as appears by the opposition of these to them at Ierusalem. If, faith he, that thou hast not skill or confidence to determine so weighty and difficult a cause.

(i. e.) In capital causes in matter of bloodshed, whether it be wilful or casual murder, whether punishable or pardonable by those laws, Exod. 21. 13, 20, 22, 28. and 22. 2. Numb. 35. 11, 16, 19. Deut. 19. 4, 10.

In civil causes or suits between plaintifs and defendants about words or Estates.

(i. e.) Either 1. In Ceremonial causes, between plague and plague, between the true leprosie, which is oft times called the plague, and the seeming and counterfeit leprosie; which was oft times hard to determine. And under this, as the most eminent of the kind, may seem to be contained all ceremonial uncleannesses. But this seems not probable. 1. Because the final determination of the matter of leprosie is manifestly left to any particular Priest, Levit. 13. and 14. 2. because the person suspected of leprosie was not to be brought to Ierusalem, to be tryed there, but was to be shut up in his own city and house, Levit. 13. 4, 5. and the Judges at Ierusalem neither could nor would determine his case without once seeing the person. 3. Because the case of leprosy was not hard or difficult, as those causes are said to be, but plain and evident, and so particularly and punctually described, that the Priest needed onely eyes to decide it. Or rather, 2. In Criminal Causes, concerning blows, or wounds inflicted by one man upon another, and to be requited to him by the sentence of the Magistrate according to that law, Exod. 21. 23, 24, 25. wherein there might be many cases of great difficulty and doubt, about which see the Annotations there.

(i. e.) Such things or matters of blood and pleas and strokes being doubtful, and the Magistrates divided in their opinions about it, for if it was a clear cause, this was not to be done. Some make this an additional clause to comprehend these and all other things thus, as if he had said, and in general, any words or matters of strifes or contentions.

To wit, to set up his Worship and Tabernacle, or Temple there; because there was the abode, both of their Sanhedrim, or chief Councel, which was constituted of Priests and civil Magistrates, who were most able to determine all controversies, and of the High-Priests, who were to consult God by Urim, Numb. 27. 21. in great matters, which could not be decided otherwise.

Marginal references: Jer. 32. 27. 2 Chro. 19. 10.; Heb. If a matter be bidden from thee. chap. 30. 11. 2 Sam. 13. 2.

9 And thou shalt come unto the priests the Levites , and unto the judg that shall be in those dayes, and enquire, and they shall shew thee the sentence of judgment .

(i. e.) Unto the great councel, which it is here denominated from, because it consisted chiefly of the Priests and Levites, as being the best Expositors of the Laws of God, by which all those Controversies mentioned v. 8. were to be decided. And the High-Priest was commonly one of that number, and may seem to be understood here under the Priests whereof he was the chief.

This Iudge here is, either 1. The supream civil Magistaate, who was made by God the keeper of both Tables, and was by his Office to take care for the right administration both of justice, and of Religion, who was to determine causes and suits by his own skill and authority in civil matters, and by the Priests direction in spiritual or sacred causes. But this seems obnoxious to some difficulties, because this Judge was obliged to dwell in the place of Gods Worship, which the civil Magistrate was not, and oft times did not: 2 This Judge is one whose Office it was to expound and teach others the Law of God, as it here follows, v. 11. therefore not the civil Magistrate. Or 2. The High-Priest, who was obliged to live in this place, to whom it belonged to determine some at least of those controversies mentioned v. 8. and to teach and expound the Law of God. And he may be distinctly named, though he be one of the Priests, partly because of his eminency and superiority over the rest of them, as after all Davids enemies: Saul is particularly mentioned, Psal. 18. title. and partly to shew that amongst the Priests, he especially was to be consulted in such cases. But this also seems liable to objections. 1. That he seems to be included under that general expression of the Priests and Levites. 2. That the High-Priest is never in all the Scripture called simply the Iudge, but generally called the Priest, or the High-Priest, or chief-Priest, or the like; and it is most probable if Moses had meant him here, he would have expressed him by some of his usual Names and Titles, and not by a strange Title which was not likely to be understood. 3. That divers controversies between blood and blood, plea and plea, stroke and stroke, were not to be determined by the High-Priest, but by other Persons, as appears by Exod. 18. 22. Deut. 1. 16, 17. Or, 3. The Sanhedrim or Supreme Councel, which as was said before, consisted partly of Priests, and partly of wise and learned persons of other tribes, as is confessed by all the Iewish, and most other writers. And so this is added by way of explication, partly to shew that the Priests and Levites here mentioned, as the persons to whom all hard controversies are to be referred, are not all the Priests and Levites which should reside in Ierusalem, but onely such of them as were or should be Members of that great Councel, by whom, together with their fellow-Members of other Tribes these causes were to be decided, partly to intimate, that that great Councel which had the chief and final determination of all the abovesaid controversies, was a mixed assembly consisting of wise and good men, some Ecclesiastical, and some Secular; as it was most meet it should be, because many of the causes which were brought unto them were mixed causes. As for the Conjunctive particle, and, that may be taken either disjunctively for or, as it is Exod. 21. 15, 17. compared with Matt. 15. 4. and Numb. 30. 5, 6. compared with Matt. 12. 37. and Levit. 6. 3, 5. 2 Sam. 2. 19. 21. or exegetically, for, that is, or, to wit, as Iudg. 7. 24. 1 Sam. 17. 40. and 28. 3. 2 Chron. 35. 14. and so the sence may be, the Priests, the Levites, or the Iudge, as it is, v. 12. or, the Priests, the Levites, that is, the Iudge, or the Iudges appointed for this work. And though the word Iudge be of the singular number, and may seem to denote one person, yet it is onely an Enallage, or change of the number, the singular for the plural, Iudges which is most frequent, as Gen. 3. 2, 7. and 49. 6. 1 Sam. 31. 1. 1 King. 10. 22. and 2 King. 11. 10. compared with 2 Chron. 9. 21. and 23. 9. and in the Hebrew, 1 Chron. 4. 42. where divers Officers are called one Head. And so it is most probably here. 1. Because the following words which belong to this, run altogether in the plural number, they, they, they, &c. here and v. 10, 11. 2. Because here is the same Enallage in the other branch, the same person or persons being called the Priests here, and the Priest, v. 12. 3. Because for the judge here is put the Iudges, Deut. 19. 17. where we have the same phrase used upon the same or a like occasion, the men between whom the controversie is shall stand before the Lord, before the Priests and the Iudges, which shall be in those dayes. Nor is it strange, but very fit and reasonable, that so many persons being all united in one body, and to give judgment or sentence by the consent of all, or the greatest part should be here called by the name of one Iudge, as indeed they were; and for that reason, the Priests are spoken of in the plural number, because they were many, as also the other members of that Assembly were, and the Iudge in the singular number, because they all constituted but one Judge.

Heb. The word, or matter of judgment, i. e. the true state and right of the cause, and what judgment or sentence ought to be given in it.

10 And thou shalt do according to the sentence, which they of that place (which the LORD shall choose) shall shew thee, and thou shalt observe to do according to all that they inform thee:

(i. e.) Thou shalt pass sentence: for he speaks to the inferiour Magistrates; as was before noted, who were to give sentence, and came hither to be advised about it.

It is very observable that this place doth not speak of all controversies of faith; as if they were to believe every thing which they should teach, but onely of some particular matters of practise and strife between man and man, to which it is plainly limited, v. 8. And they are not here commanded to believe, but onely to do, which is thrice repeated.

11 According to the sentence of the law which they shall teach thee , and according to the judgment which they shall tell thee thou shalt do: thou shalt not decline from the sentence which they shall shew thee, to the right hand, nor to the left.

These words are a manifest limitation of the foregoing assertion, that they were to do according to all that the Judge or Judges informed him. And they seem to limit and regulate 1. The Judges in their sentence, that they shall not upon pretence of this supreme Authority, put into their hands, presume to teach or direct otherwise than the Law prescribes: 2. The people in their obedience: that they shall not simply obey them in all things, but so far forth as their sentence is according to the Law and Word of God, but not when their commands are evidently contrary to Gods Law, for then, say even Popish Commentatours on this place, they must obey God rather than Man. And this cannot be denyed by any man of sence, upon supposition that this place speaks of, and this power given to the Priest or Judge reacheth to, all controversies or questions of faith and manners, as the Papists would extend it: For put case these Priests or Judges should give a sentence directly contrary to the express words of Gods Law, Thou shalt worship a graven Image, as Aaron did in the case of the calf; thou shalt prophane the Sabbath, thou shalt dishonour thy Father and Mother, thou shalt Murder, Steal, commit Adultery, &c. I ask, were the people in this case bound to do as the Judge determined, or not? If any say they were, such a bold and wicked assertion must needs strike all sober Christians with horrour; and if they say they were not, then this must needs be taken for a limitation. But if this place speak onely of particular suits between man and man, as is apparent from the notes on v. 8. And in all such cases although the Judge be hereby confined and tied to his rule in giving the sentence, yet it seems but fit and reasonable that people should be bound simply to acquiesce in the sentence of their last and highest Judge, or else there would have been no end of strife.

12 And the man that will do presumptuously , and will not hearken unto the priest (that standeth to minister there before the LORD thy God) or unto the judge, even that man shall die, and thou shalt put away the evil from Israel.

(i. e.) That will proudly and obstinately oppose the sentence given against him. This is opposite to ignorance and errour, Exod. 21. 13, 14.

Either 1. The evil thing, that scandal, that pernicious example. Or, 2. That evil, refractary, pernicious person, whose practise herein tends to the dissolution of all Government, and the ruine of the Commonwealth of Israel.

Marginal references: Hos. 4. 4.; Heb. not to hearken.

14 When thou art come unto the land which the LORD thy God giveth thee, and shalt possess it, and shalt dwell therein, and shalt say, I will set a King over me , like as all the nations that are about me:

He onely foresees and foretells what they would do, but doth not seem to approve of it, because when they did this thing for this very reason here alledged, he declares his utter dislike of it, 1 Sam. 8. 7.

15 Thou shalt in any wise set him king over thee, whom the LORD thy God shall chuse . One from among thy brethren shalt thou set king over thee: thou mayest not set a stranger over thee , which is not thy brother.

(i. e.) Appoint, or instal. If you will chuse a King, which I shall suffer you to do, I command you to observe this in your choice.

Approve of, or appoint. So it was in Saul, and in David. God reserved to himself the nomination both of the Family, and of the person. See 1 Sam. 9. 15. & 10. 24. and 16. 12. 1 Chron. 28. 4, 5.

Of the same nation and Religion; partly because such a person was most likely to maintain true Religion, and to rule with righteousness, gentleness, and kindness to his subjects; and partly that he might be a fit type of Christ their supream King, who was to be one of their brethren.

To wit, by thy own choice and consent; but if God by his providence and for their sins should set a stranger over them, they might submit to him, as appears from Ier. 38. 17. Ezek. 17. 12. Mat. 22. 17.

Marginal references: Jer. 30. 21.

16 But he shall not multiply horses to himself , nor cause the people to return to Egypt , to the end that he should multiply horses: forasmuch as the LORD hath said unto you, ye shall henceforth no more return that way .

To wit, excessively, beyond what the State and Majesty of his place required. Hereby God would prevent many sins and mischiefs, as 1. Pride of heart, and contempt of his people. 2. Oppression and Tyranny, and the Imposition of unnecessary burdens upon his people. 3. Carnal confidence, which by this means would be promoted. See Psal. 33. 17. Prov. 21. 31. 4 Much commerce with Egppt, as it here follows, which was famous for Horses, as appears from Exod. 14. 23. 1 King. 10. 26, 28. 2 Chron. 1. 16. and 9. 28. Isa. 31. 1, 3. Ezek. 17. 5.

Either for habitation; or for trade. This God forbad to prevent, 1. Their unthankfulness for their deliverance out of Egypt; 2. Their confederacies with the Egyptians, their trusting to them for aid, which they were very prone to, and their infection by the Idolatry and other manifold wickednesses, for which Egypt was infamous. 3. Their multiplication of Horses, as it here follows.

When or where? Answ. Either implicitely, when he shewed his dislike of their return to Egypt, as Exod. 13. 17. Numb. 14. 3, 4. or expresly at this time, The Lord hath now said it to me, and I in his name, and by his command declare it to you.

In the way that leads to that place.

Marginal references: chap. 28. 68. Hos. 11. 5.

17 Neither shall he multiply wives to himself , that his heart turn not away : neither shall he greatly multiply to himself n silver and gold.

As the manner of other Kings was.

To wit, from God and his law, Either 1. To Idolatry and Superstition, to which women are oft times prone, and especially such women as he was likely to chuse, even the Daughters of Neighbouring and Idolatrous Kings and Princes, as Solomon did: Or, 2. To other manifold sins and violations of his duty to his people, either by neglect and contempt of his business through effeminacy and sloath, or by oppressing his people, and perverting justice to comply with the vast and exorbitant desires of his Wives.

Least this should lift up his heart in confidence and pride, which God abhorrs, and beget in him a contempt of his people; and least it should encline or engage, or enable him to burden his people with immoderate exactions. They are not simply forbidden to be rich, if God made them so either by the voluntary gifts of their subjects, or by the spoils of their enemies, which was the case of David and Solomon, and Iehoshaphat, &c. but they are forbidden either inordinately to desire, or irregularly, to procure great richs by grinding the faces of their poor people, or by other wicked arts and courses, as the manner of their neighbouring Kings was.

18 And it shall be when he sitteth upon the throne of his kingdom, that he shall write him a copy of this law in a book, out of that which is before the priests the Levites .

Either with his own hand, as the Jews say, or, at least by his command and procurement.

(i. e.) Out of the true Original, which was carefully kept by the Priests in the Sanctuary; Deut. 31. 26. 2 King. 22. 8. partly that it might be a true and perfect copy, and partly that it might have the greater authority and influence upon him, coming to him, as from the hand and presence of God.

Marginal references: Heb. [illegible: 1+ letters] cate.

19 And it shall be with him, and he shall read therein all the dayes of his life , that he may learn to fear the LORD his God, to keep all the words of this law, and these statutes, to do them:

(i. e.) Diligently and constantly, neither the greatness of his place, nor the weight and multitude of his business shall excuse or hinder him.

Marginal references: Jos. 1. [illegible: 1+ letters].

20 That his heart be not lifted up above his brethren , and that he turn not aside from the commandment, to the right hand, or to the left: to the end that he may prolong his dayes in his kingdom, he, and his children in the midst of Israel.

He intimates, that the Scriptures diligently read and studied, are a powerful and probable means to keep him humble, because they shew him that, though a king, he is subject to an higher Monarch, to whom he must give an account of all his administrations and actions, and receive from him his sentence and doom agreeable to their quality, which is sufficient to abate the pride of the haughtiest person in the world, if he duly consider it.

Deu 17:1

Not only did the inclination to nature-worship, such as the setting up of the idols of Ashera and Baal, belong to the crimes which merited punishment, but also a manifest transgression of the laws concerning the worship of Jehovah, such as the offering of an ox or sheep that had some fault, which was an abomination in the sight of Jehovah (see at Lev 22:20.). “Any evil thing,” i.e., any of the faults enumerated in Lev 22:22-24.

Deu 17:2-7

If such a case should occur, as that a man or woman transgressed the covenant of the Lord and went after other gods and worshipped them; when it was made known, the facts were to be carefully inquired into; and if the charge were substantiated, the criminal was to be led out to the gate and stoned. On the testimony of two or three witnesses, not of one only, he was to be put to death (see at Num 35:30); and the hand of the witnesses was to be against him first to put him to death, i.e., to throw the first stones at him, and all the people were to follow. With regard to the different kinds of idolatry in Deu 17:3, see Deu 4:19. (On Deu 17:4, see Deu 13:15.) “Bring him out to thy gates,” i.e., to one of the gates of the town in which the crime was committed. By the gates we are to understand the open space near the gates, where the judicial proceedings took place (cf. Neh 8:1, Neh 8:3; Job. Deu 29:7), the sentence itself being executed outside the town (cf. Deu 22:24; Act 7:58; Heb 13:12), just as it had been outside the camp during the journey through the wilderness (Lev 24:14; Num 15:36), to indicate the exclusion of the criminal from the congregation, and from fellowship with God. The infliction of punishment in Deu 17:5. is like that prescribed in Deu 13:10-11, for those who tempted others to idolatry; with this exception, that the testimony of more than one witness was required before the sentence could be executed, and the witnesses were to be the first to lift up their hands against the criminal to stone him, that they might thereby give a practical proof of the truth of their statement, and their own firm conviction that the condemned was deserving of death, -  “a rule which would naturally lead to the supposition that no man would come forward as a witness without the fullest certainty or the greatest depravity” (Schnell, das isr. Recht).“He assigned this part to the witnesses, chiefly because there are so many whose tongue is so slippery, not to say good for nothing, that they would boldly strangle a man with their words, when they would not dare to touch him with one of their fingers. It was the best remedy, therefore, that could be tried for restraining such levity, to refuse to admit the testimony of any man who was not ready to execute judgment with his own hand” (Calvin). המּת (Deu 17:6), the man exposed to death, who was therefore really ipso facto already dead. “So shalt thou put the evil away,” etc.: cf. Deu 13:6.

Deu 17:8-13

The Higher Judicial Court at the Place of the Sanctuary. - Just as the judges appointed at Sinai were to bring to Moses whatever cases were too difficult for them to decide, that he might judge them according to the decision of God (Exo 18:26 and Exo 18:19); so in the future the judges of the different towns were to bring all difficult cases, which they were unable to decide, before the Levitical priests and judges at the place of the sanctuary, that a final decision might be given there. Deu 17:8-9

“If there is to thee a matter too marvellous for judgment (נפלא with מן, too wonderful, incomprehensible, or beyond carrying out, Gen 18:14, i.e., too difficult to give a judicial decision upon), between blood and blood, plea and plea, stroke and stroke (i.e., too hard for you to decide according to what legal provisions a fatal blow, or dispute on some civil matter, or a bodily injury, is to be settled), disputes in thy gates (a loosely arranged apposition in this sense, dispute of different kinds, such as shall arise in thy towns); arise, and get thee to the place which Jehovah thy God shall choose; and go to the Levitical priest and the judge that shall be in those days, and inquire.” Israel is addressed here as a nation, but the words are not to be supposed to be directed “first of all to the local courts (Deu 16:18), and lastly to the contending parties” (Knobel), nor “directly to the parties to the suit” (Schultz), but simply to the persons whose duty it was to administer justice in the nation, i.e., to the regular judges in the different towns and districts of the land. This is evident from the general fact, that the Mosaic law never recognises any appeal to higher courts by the different parties to a lawsuit, and that in this case also it is not assumed, since all that is enjoined is, that if the matter should be too difficult for the local judges to decide, they themselves were to carry it to the superior court. As Oehler has quite correctly observed in Herzog's Cyclopaedia, “this superior court was not a court of appeal; for it did not adjudicate after the local court had already given a verdict, but in cases in which the latter would not trust itself to give a verdict at all.” And this is more especially evident from what is stated in Deu 17:10, with regard to the decisions of the superior court, namely, that they were to do whatever the superior judges taught, without deviating to the right hand or to the left. This is unquestionably far more applicable to the judges of the different towns, who were to carry out exactly the sentence of the higher tribunal, than to the parties to the suit, inasmuch as the latter, at all events those who were condemned for blood (i.e., for murder), could not possibly be in a position to alter the decision of the court at pleasure, since it did not rest with them, but with the authorities of their town, to carry out the sentence.

Moses did not directly institute a superior tribunal at the place of the sanctuary on this occasion, but rather assumed its existence; not however its existence at that time (as Riehm and other modern critics suppose), but its establishment and existence in the future. Just as he gives no minute directions concerning the organization of the different local courts, but leaves this to the natural development of the judicial institutions already in existence, so he also restricts himself, so far as the higher court is concerned, to general allusions, which might serve as a guide to the national rulers of a future day, to organize it according to the existing models. He had no disorganized mob before him, but a well-ordered nation, already in possession of civil institutions, with fruitful germs for further expansion and organization. In addition to its civil classification into tribes, families, fathers’ houses, and family groups, which possessed at once their rulers in their own heads, the nation had received in the priesthood, with the high priest at the head, and the Levites as their assistants, a spiritual class, which mediated between the congregation and the Lord, and not only kept up the knowledge of right in the people as the guardian of the law, but by virtue of the high priest’s office was able to lay the rights of the people before God, and in difficult cases could ask for His decision. Moreover, a leader had already been appointed for the nation, for the time immediately succeeding Moses’ death; and in this nomination of Joshua, a pledge had been given that the Lord would never leave it without a supreme ruler of its civil affairs, but, along with the high priest, would also appoint a judge at the place of the central sanctuary, who would administer justice in the highest court in association with the priests. On the ground of these facts, sit was enough for the future to mention the Levitical priests and the judge who would be at the place of the sanctuary, as constituting the court by which the difficult questions were to be decided.The simple fact, that the judicial court at the place of the national sanctuary is described in such general terms, furnishes a convincing proof that we have here the words of Moses, and not those of some later prophetic writer who had copied the superior court at Jerusalem of the times of the kings, as Riehm and the critics assume.

For instance, the words themselves show distinctly enough, that by “the judge” we are not to understand the high priest, but the temporal judge or president of the superior court; and it is evident from the singular, “the priest that standeth to minister there before the Lord” (Deu 17:12), that the high priest is included among the priests. The expression “the priests the Levites” (Levitical priests), which also occurs in Deu 17:18; Deu 18:1; Deu 21:5; Deu 24:8; Deu 27:9; Deu 31:9, instead of “sons of Aaron,” which we find in the middle books, is quite in harmony with the time and character of the book before us. As long as Aaron was living with his sons, the priesthood consisted only of himself and his sons, that is to say, of one family. Hence all the instructions in the middle books are addressed to them, and for the most part to Aaron personally (vid., Ex 28 and 29; Lev 8-10; Num 18:1, etc.). This as all changed when Aaron died; henceforth the priesthood consisted simply of the descendants of Aaron and his sons, who were no longer one family, but formed a distinct class in the nation, the legitimacy of which arose from its connection with the tribe of Levi, to which Aaron himself had belonged. It was evidently more appropriate, therefore, to describe them as sons of Levi than as sons of Aaron, which had been the title formerly given to the priests, with the exception of the high priest, viz., Aaron himself. - In connection with the superior court, however, the priests are introduced rather as knowing and teaching the law (Lev 10:11), than as actual judges. For this reason appeal was to be made not only to them, but also to the judge, whose duty it was in any case to make the judicial inquiry and pronounce the sentence. - The object of the verb “inquire” (Deu 17:9) follows after “they shall show thee,” viz., “the word of right,” the judicial sentence which is sought (2Ch 19:6).

Deu 17:14-17

Choice and Right of the King. - Deu 17:14, Deu 17:15. If Israel, when dwelling in the land which was given it by the Lord for a possession, should wish to appoint a king, like all the nations round about, it was to appoint the man whom Jehovah its God should choose, and that from among its brethren, i.e., from its own people, not a foreigner or non-Israelite. The earthly kingdom in Israel was not opposed to the theocracy, i.e., to the rule of Jehovah as king over the people of His possession, provided no one was made king but the person whom Jehovah should choose. The appointment of a king is not commanded, like the institution of judges (Deu 16:18), because Israel could exist under the government of Jehovah, even without an earthly king; it is simply permitted, in case the need should arise for a regal government. There was no necessity to describe more minutely the course to be adopted, as the people possessed the natural provision for the administration of their national affairs in their well-organized tribes, by whom this point could be decided. Moses also omits to state more particularly in what way Jehovah would make known the choice of the king to be appointed. The congregation, no doubt, possessed one means of asking the will of the Lord in the Urim and Thummim of the high priest, provided the Lord did not reveal His will in a different manner, namely through a prophet, as He did in the election of Saul and David (1 Sam 8-9, and 16). The commandment not to choose a foreigner, acknowledged the right of the nation to choose. Consequently the choice on the part of the Lord may have consisted simply in His pointing out to the people, in a very evident manner, the person they were to elect, or in His confirming the choice by word and act, as in accordance with His will.

Three rules are laid down for the king himself in Deu 17:16-20. In the first place, he was not to keep many horses, or lead back the people to Egypt, to multiply horses, because Jehovah had forbidden the people to return thither by that way. The notion of modern critics, that there is an allusion in this prohibition to the constitution of the kingdom under Solomon, is so far from having any foundation, that the reason assigned - namely, the fear lest the king should lead back the people to Egypt from his love of horses, “to the end that he should multiply horses” - really precludes the time of Solomon, inasmuch as the time had then long gone by when any thought could have been entertained of leading back the people to Egypt. But such a reason would be quite in its place in Moses’ time, and only then, “when it would not seem impossible to reunite the broken band, and when the people were ready to express their longing, and even their intention, to return to Egypt on the very slightest occasion; whereas the reason assigned for the prohibition might have furnished Solomon with an excuse for regarding the prohibition itself as merely a temporary one, which was no longer binding” (Oehler in Herzog’s Cyclopaedia: vid., Hengstenberg’s Dissertations).When Riehm objects to this, that if such a prohibition had been unnecessary in a future age, in which the people had reached the full consciousness of its national independence, and every thought of the possibility of a reunion with the Egyptians had disappeared, Moses would never have issued it, since he must have foreseen the national independence of the people; the force of this objection rests simply upon his confounding foreseeing with assuming, and upon a thoroughly mistaken view of the prophet’s vision of the future. Even if Moses, as “a great prophet,” did foresee the future national independence of Israel, he had also had such experience of the fickle character of the people, that he could not regard the thought of returning to Egypt as absolutely an impossible one, even after the conquest of Canaan, or reject it as inconceivable. Moreover, the prophetic foresight of Moses was not, as Riehm imagines it, a foreknowledge of all the separate points in the historical development of the nation, much less a foreknowledge of the thoughts and desires of the heart, which might arise in the course of time amidst the changes that would take place in the nation. A foresight of the development of Israel into national independence, so far as we may attribute it to Moses as a prophet, was founded not upon the character of the people, but upon the divine choice and destination of Israel, which by no means precluded the possibility of their desiring to return to Egypt, even at some future time, since God Himself had threatened the people with dispersion among the heathen as the punishment for continued transgression of His covenant, and yet, notwithstanding this dispersion, had predicted the ultimate realization of His covenant of grace. And when Riehm still further observes, that the taste for horses, which lay at the foundation of this fear, evidently points to a later time, when the old repugnance to cavalry which existed in the nation in the days of the judges, and even under David, had disappeared; this supposed repugnance to cavalry is a fiction of the critic himself, without any historical foundation. For nothing more is related in the history, than that before the time of Solomon the Israelites had not cultivated the rearing of horses, and that David only kept 100 of the war-horses taken from the Syrians for himself, and had the others put to death (2Sa 8:4). And so long as horses were neither reared nor possessed by the Israelites, there can be no ground for speaking of the old repugnance to cavalry. On the other hand, the impossibility of tracing this prohibition to the historical circumstances of the time of Solomon, or even a later age, is manifest in the desperate subterfuge to which Riehm has recourse, when he connects this passage with the threat in Deu 28:68, that if all the punishments suspended over them should be ineffectual, God would carry them back in ships to Egypt, and that they should there be sold to their enemies as men-servants and maid-servants, and then discovers a proof in this, that the Egyptian king Psammetichus, who sought out foreign soldiers and employed them, had left king Manasseh some horses, solely on the condition that he sent him some Israelitish infantry, and placed them at his disposal. But this is not expounding Scripture; it is putting hypotheses into it. AsOehler has already observed, this hypothesis has no foundation whatever in the Old Testament, nor (we may add) in the accounts of Herodotus and Diodorus Siculus concerning Psammetichus. According to Diod. (i. 66), Psammetichus hired soldiers from Arabia, Caria, and Ionia; and according to Herodotus (i. 152), he hired Ionians and Carians armed with brass, that he might conquer his rival kings with their assistance. But neither of these historians says anything at all about Israelitish infantry. And even if it were conceivable that any king of Israel or Judah could carry on such traffic in men, as to sell his own subjects to the Egyptians for horses, it is very certain that the prophets, who condemned every alliance with foreign kings, and were not silent with regard to Manasseh’s idolatry, would not have passed over such an abomination as this without remark or without reproof.

The second admonition also, that the king was not to take to himself many wives, and turn away his heart (sc., from the Lord), nor greatly multiply to himself silver and gold, can be explained without the hypothesis that there is an allusion to Solomon’s reign, although this king did transgress both commands (1Ki 10:14. Deu 11:1.). A richly furnished harem, and the accumulation of silver and gold, were inseparably connected with the luxury of Oriental monarchs generally; so that the fear was a very natural one, that the future king of Israel might follow the general customs of the heathen in these respects.

Deu 17:18-20

And thirdly, instead of hanging his heart upon these earthly things, when he at upon his royal throne he was to have a copy of the law written out by the Levitical priests, that he might keep the law by him, and read therein all the days of his life. כּתב does not involve writing with his own hand (Philo), but simply having it written. הזּאת התּורה משׁנה does not mean τὸ δευτερονόμιον τοῦτο (lxx), “this repetition of the law,” as הזּאת cannot stand for הזּה; but a copy of this law, as most of the Rabbins correctly explain it in accordance with the Chaldee version, though they make mishneh to signify duplum, two copies (see Hävernick, Introduction). - Every copy of a book is really a repetition of it. “From before the priests,” i.e., of the law which lies before the priests or is kept by them. The object of the daily reading in the law (Deu 17:19 and Deu 17:20) was “to learn the fear of the Lord, and to keep His commandments” (cf. Deu 5:25; Deu 6:2; Deu 14:23), that his heart might not be lifted up above his brethren, that he might not become proud (Deu 8:14), and might not turn aside from the commandments to the right hand or to the left, that he and his descendants might live long upon the throne. In addition to the judicial order and the future king, it was necessary that the position of the priests and Levites, whose duties and rights had been regulated by previous laws, should at least be mentioned briefly and finally established (Deu 18:1-8), and also that the prophetic order should be fully accredited by the side of the other state authorities, and its operations regulated by a definite law (Deu 18:9-22).

The Punishment of Idolatry. (b. c. 1451.)

1 Thou shalt not sacrifice unto the Lord thy God any bullock, or sheep, wherein is blemish, or any evilfavouredness: for that is an abomination unto the Lord thy God. 2 If there be found among you, within any of thy gates which the Lord thy God giveth thee, man or woman, that hath wrought wickedness in the sight of the Lord thy God, in transgressing his covenant, 3 And hath gone and served other gods, and worshipped them, either the sun, or moon, or any of the host of heaven, which I have not commanded; 4 And it be told thee, and thou hast heard of it, and enquired diligently, and, behold, it be true, and the thing certain, that such abomination is wrought in Israel: 5 Then shalt thou bring forth that man or that woman, which have committed that wicked thing, unto thy gates, even that man or that woman, and shalt stone them with stones, till they die. 6 At the mouth of two witnesses, or three witnesses, shall he that is worthy of death be put to death; but at the mouth of one witness he shall not be put to death. 7 The hands of the witnesses shall be first upon him to put him to death, and afterward the hands of all the people. So thou shalt put the evil away from among you.

Here is, I. A law for preserving the honour of God's worship, by providing that no creature that had any blemish should be offered in sacrifice to him, v. 1. This caveat we have often met with: Thou shalt not sacrifice that which has any blemish, which renders it unsightly, or any evil matter or thing (as the following word night better be rendered), any sickness or weakness, though not discernible at first view; it is an abomination to God. God is the best of beings, and therefore whatsoever he is served with ought to be the best in its kind. And the Old-Testament sacrifices in a special manner must be so, because they were types of Christ, who is a Lamb without blemish or spot (1 Pet. i. 19), perfectly pure from all sin and all appearance of it. In the latter times of the Jewish church, when by the captivity in Babylon they were cured of idolatry, yet they were charged with profaneness in the breach of this law, with offering the blind, and the lame, and the sick for sacrifice, Mal. i. 8.

II. A law for the punishing of those that worshipped false gods. It was made a capital crime to seduce others to idolatry (ch. xiii.), here it is made no less to be seduced. If the blind thus mislead the blind, both must fall into the ditch. Thus God would possess them with a dread of that sin, which they must conclude exceedingly sinful when so many sanguinary laws were made against it, and would deter those from it that would not otherwise be persuaded against it; and yet the law, which works death, proved ineffectual. See here,

1. What the crime was against which this law was levelled, serving or worshipping other gods, v. 3. That which was the most ancient and plausible idolatry is specified, worshipping the sun, moon, and stars; and, if that was so detestable a thing, much more was it so to worship stocks and stones, or the representations of mean and contemptible animals. Of this it is said, (1.) That it is what God had not commanded. He had again and again forbidden it; but it is thus expressed to intimate that, if there had been no more against it, this had been enough (for in the worship of God his institution and appointment must be our rule and warrant), and that God never commanded his worshippers to debase themselves so far as to do homage to their fellow-creatures: had God commanded them to do it, they might justly have complained of it as a reproach and disparagement to them; yet, when he has forbidden it, they will, from a spirit of contradiction, put this indignity upon themselves. (2.) That it is wickedness in the sight of God, v. 2. Be it ever so industriously concealed, he sees it, and, be it ever so ingeniously palliated, he hates it: it is a sin in itself exceedingly heinous, and the highest affront that can be offered to Almighty God. (3.) That it is a transgression of the covenant. It was on this condition that God took them to be his peculiar people, that they should serve and worship him only as their God, so that if they gave to any other the honour which was due to him alone that covenant was void, and all the benefit of it forfeited. Other sins were transgressions of the command, but this was a transgression of the covenant. It was spiritual adultery, which breaks them marriage bond. (4.) That it is abomination in Israel, v. 4. Idolatry was bad enough in any, but it was particularly abominable in Israel, a people so blessed with peculiar discoveries of the will and favour of the only true and living God.

2. How it must be tried. Upon information given of it, or any ground of suspicion that any person whatsoever, man or woman, had served other gods, (1.) Enquiry must be made, v. 4. Though it appears not certain at first, it may afterwards upon search appear so; and, if it can possibly be discovered, it must not be unpunished; if not, yet the very enquiry concerning it would possess the country with a dread of it. (2.) Evidence must be given in, v. 6. How heinous and dangerous soever the crime is, yet they must not punish any for it, unless there were good proof against them, by two witnesses at least. They must not, under pretence of honouring God, wrong an innocent man. This law, which requires two witnesses in case of life, we had before, Num. xxxv. 30; it is quoted, Matt. xviii. 16.

3. What sentence must be passed and executed. So great a punishment as death, so great a death as stoning, must be inflicted on the idolater, whether man or woman, for the infirmity of the weaker sex would be no excuse, v. 5. The place of execution must be the gate of the city, that the shame might be the greater to the criminal and the warning the more public to all others. The hands of the witnesses, in this as in other cases, must be first upon him, that is, they must cast the first stone at him, thereby avowing their testimony, and solemnly imprecating the guilt of his blood upon themselves if their evidence were false. This custom might be of use to deter men from false-witness bearing. The witnesses are really, and therefore it was required that they should be actually, the death of the malefactor. But they must be followed, and the execution completed, by the hands of all the people, who were thus to testify their detestation of the crime and to put the evil away from among them, as before, ch. xiii. 9.

The Authority of the Judges. (b. c. 1451.)

8 If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within thy gates: then shalt thou arise, and get thee up into the place which the Lord thy God shall choose; 9 And thou shalt come unto the priests the Levites, and unto the judge that shall be in those days, and enquire; and they shall show thee the sentence of judgment: 10 And thou shalt do according to the sentence, which they of that place which the Lord shall choose shall show thee; and thou shalt observe to do according to all that they inform thee: 11 According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do: thou shalt not decline from the sentence which they shall show thee, to the right hand, nor to the left. 12 And the man that will do presumptuously, and will not hearken unto the priest that standeth to minister there before the Lord thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel. 13 And all the people shall hear, and fear, and do no more presumptuously.

Courts of judgment were ordered to be erected in every city (ch. xvi. 18), and they were empowered to hear and determine causes according to law, both those which we call pleas of the crown and those between party and party; and we may suppose that ordinarily they ended the matters that were brought before them, and their sentence was definitive; but, 1. It is here taken for granted that sometimes a case might come into their court too difficult for those inferior judges to determine, who could not be thought to be so learned in the laws as those that presided in the higher courts; so that (to speak in the language of our law) they must find a special verdict, and take time to advise before the giving of judgment (v. 8): If there arise a matter too hard for thee in judgment, which it would be no dishonour to the judges to own the difficulty of,—suppose it between blood and blood, the blood of a person which cried and the blood of him that was charged with the murder which was demanded, when it was doubtful upon the evidence whether it was wilful or casual,—or between plea and plea, the plea (that is, the bill or declaration) of the plaintiff and the plea of the defendant,—or between stroke and stroke, in actions of assault and battery; in these and similar cases, thought the evidence were plain, yet doubts might arise about the sense and meaning of the law and the application of it to the particular case. 2. These difficult cases, which hitherto had been brought to Moses, according to Jethro's advice, were, after his death, to be brought to the supreme power, wherever it was lodged, whether in a judge (when there was such an extraordinary person raised up and qualified for that great service, as Othniel, Deborah, Gideon, &c.) or in the high-priest (when he was by the eminency of his gifts called of God to preside in public affairs, as Eli), or, if no single person were marked by heaven for this honour, then in the priests and Levites (or in the priests, who were Levites of course), who not only attended the sanctuary, but met in council to receive appeals from the inferior courts, who might reasonably be supposed, not only to be best qualified by their learning and experience, but to have the best assistance of the divine Spirit for the deciding of doubts, v. 9, 11, 12. They are not appointed to consult the urim and thummim, for it is supposed that these were to be consulted only in cases relating to the public, either the body of the people or the prince; but in ordinary cases the wisdom and integrity of those that sat at the stern must be relied on, their judgment had not the divine authority of an oracle, yet besides the moral certainty it had, as the judgment of knowing, prudent, and experienced men, it had the advantage of a divine promise, implied in those words (v. 9), They shall show thee the sentence of judgment; it had also the support of a divine institution, by which they were made the supreme judicature of the nation. 3. The definitive sentence given by the judge, priest, or great council, must be obeyed by the parties concerned, upon pain of death: Thou shalt do according to their sentence (v. 10); thou shalt observe to do it, thou shalt not decline from it (v. 11), to the right hand nor to the left. Note, It is for the honour of God and the welfare of a people that the authority of the higher power be supported and the due order of government observed, that those be obeyed who are appointed to rule, and that every soul be subject to them in all those things that fall within their commission. Though the party thought himself injured by the sentence (as every man is apt to be partial in is own cause), yet he must needs be subject, must stand to the award, how unpleasing soever, and bear, or lose, or pay, according to it, not only for wrath, but also for conscience' sake. But if an inferior judge contradict the sentence of the higher court and will not execute the orders of it, or a private person refuse to conform to their sentence, the contumacy must be punished with death, though the matter were ever so small in which the opposition was made: That man shall die, and all the people shall hear and fear, v. 12, 13. See here, (1.) The evil of disobedience. Rebellion and stubbornness, from a spirit of contradiction and opposition of God, or those in authority under him, from a principle of contempt and self-willedness, are as witchcraft and idolatry. To differ in opinion from weakness and infirmity may be excused and must be borne with; but to do so presumptuously, in pride and wickedness (as the ancient translations explain it), this is to take up arms against the government, and is an affront to him by whom the powers that be are ordained. (2.) The design of punishment: that others may hear and fear, and not do the like. Some would be so considerate as to infer the heinousness of the offence from the grievousness of the penalty, and therefore would detest it; and others would so far consult their own safety as to cross their humours by conforming to the sentence rather than to sin against their own heads, and forfeit their lives by going contrary to it. From this law the apostle infers the greatness of the punishment of which those will be thought worthy that trample on the authority of the Son of God, Heb. x. 28, 29.

The Choice of a King. (b. c. 1451.)

14 When thou art come unto the land which the Lord thy God giveth thee, and shalt possess it, and shalt dwell therein, and shalt say, I will set a king over me, like as all the nations that are about me; 15 Thou shalt in any wise set him king over thee, whom the Lord thy God shall choose: one from among thy brethren shalt thou set king over thee: thou mayest not set a stranger over thee, which is not thy brother. 16 But he shall not multiply horses to himself, nor cause the people to return to Egypt, to the end that he should multiply horses: forasmuch as the Lord hath said unto you, Ye shall henceforth return no more that way. 17 Neither shall he multiply wives to himself, that his heart turn not away: neither shall he greatly multiply to himself silver and gold. 18 And it shall be, when he sitteth upon the throne of his kingdom, that he shall write him a copy of this law in a book out of that which is before the priests the Levites: 19 And it shall be with him, and he shall read therein all the days of his life: that he may learn to fear the Lord his God, to keep all the words of this law and these statutes, to do them: 20 That his heart be not lifted up above his brethren, and that he turn not aside from the commandment, to the right hand, or to the left: to the end that he may prolong his days in his kingdom, he, and his children, in the midst of Israel.

After the laws which concerned subjects fitly followed the laws which concern kings; for those that rule others must themselves remember that they are under command. Here are laws given,

I. To the electors of the empire, what rules they must go by in making their choice, v. 14, 15. 1. It is here supposed that the people would, in process of time, be desirous of a king, whose royal pomp and power would be thought to make their nation look great among their neighbours. Their having a king is neither promised as a mercy nor commanded as a duty (nothing could be better for them than the divine regimen they were under), but it is permitted them if they desired it. If they would but take care to have the ends of government answered, and God's laws duly observed and put in execution, they should not be tied to any one form of government, but should be welcome to have a king. Though something irregular is supposed to be the principle of the desire, that they might be like the nations (whereas God in many ways distinguished them from the nations), yet God would indulge them in it, because he intended to serve his own purposes by it, in making the regal government typical of the kingdom of the Messiah. 2. They are directed in their choice. If they will have a king over them, as God foresaw they would (though it does not appear that ever the motion was made till almost 400 years after), then they must, (1.) Ask counsel at God's mouth, and make him king whom God shall choose; and happy it was for them that they had an oracle to consult in so weighty an affair, and a God to choose for them who knows infallibly what every man is and will be. Kings are God's vicegerents, and therefore it is fit that he should have the choosing of them: God had himself been in a particular manner Israel's King, and if they set another over them, under him, it was necessary that he should nominate the person. Accordingly, when the people desired a king, they applied to Samuel a prophet of the Lord; and afterwards David, Solomon, Jeroboam, Jehu, and others, were chosen by the prophets; and the people are reproved for not observing this law, Hos. viii. 4: They have set up kings but not by me. In all cases God's choice, if we can but know it, should direct, determine, and overrule ours. (2.) They must not choose a foreigner under pretence of strengthening their alliances, or of the extraordinary fitness of the person, lest a strange king should introduce strange customs of usages, contrary to those that were established by the divine law; but he must be one from among thy brethren, that he may be a type of Christ, who is bone of our bone, Heb. ii. 14.

II. Laws are here given to the prince that should be elected for the due administration of the government.

1. He must carefully avoid every thing that would divert him from God and religion. Riches, honours, and pleasures are the three great hindrances of godliness (the lusts of the flesh, the lusts of the eye, and the pride of life), especially to those in high stations: against these therefore the king is here warned. (1.) He must not gratify the love of honour by multiplying horses, v. 16. He that rode upon a horse (a stately creature) in a country where asses and mules were generally used looked very great; and therefore though he might have horses for his own saddle, and chariots, yet he must not set servants on horseback (Eccl. x. 7) nor have many horses for his officers and guards (when God was their King, his judges rode on asses, Judg. v. 10; xii. 14), nor must he multiply horses for war, lest he should trust too much to them, Ps. xx. 7; xxxiii. 17; Hos. xiv. 3. The reason here given against his multiplying horses is because it would produce a greater correspondence with Egypt (which furnished Canaan with horses, 1 Kings x. 28, 29) than it was fit the Israel of God should have, who were brought thence with such a high hand: You shall return no more that way, for fear of being infected with the idolatries of Egypt (Lev. xviii. 3), to which they were very prone. Note, We should take heed of that commerce or conversation by which we are in danger of being drawn into sin. If Israel must not return to Egypt, they must not trade with Egypt; Solomon got no good by it. (2.) He must not gratify the love of pleasure by multiplying wives (v. 17), as Solomon did to his undoing (1 Kings xi. 1), that his heart, being set upon them, turn not away from business, and every thing that is serious, and especially from the exercise of piety and devotion, to which nothing is a greater enemy than the indulgence of the flesh. (3.) He must not gratify the love of riches by greatly multiplying silver and gold. A competent treasure is allowed him, and he is not forbidden to be good husband of it, but, [1.] He must not greatly multiply money, so as to oppress his people by raising it (as Solomon seems to have done, 1 Kings xii. 4), nor so as to deceive himself, by trusting to it, and setting his heart upon it, Ps. lxii. 10. [2.] He must not multiply it to himself. David multiplied silver and gold, but it was for the service of God (1 Chron. xxix. 4), not for himself; for his people, not for his own family.

2. He must carefully apply himself to the law of God, and make that his rule. This must be to him better than all riches, honours, and pleasures, than many horses or many wives, better than thousands of gold and silver.

(1.) He must write himself a copy of the law out of the original, which was in the custody of the priests that attended the sanctuary, v. 18. Some think that he was to write only this book of Deuteronomy, which is an abstract of the law, and the precepts of which, being mostly moral and judicial, concerned the king more than the laws in Leviticus and Numbers, which, being ceremonial, concerned chiefly the priests. Others think that he was to transcribe all the five books of Moses, which are called the law, and which were preserved together as the foundation of their religion. Now, [1.] Though the king might be presumed to have very fair copies by him from his ancestors, yet, besides those, he must have one of his own: it might be presumed that theirs were worn with constant use; he must have a fresh one to begin the world with. [2.] Though he had secretaries about him whom he might employ to write this copy, and who perhaps could write a better hand than he, yet he must do it himself, with his own hand, for the honour of the law, and that he might think no act of religion below him, to inure himself to labour and study, and especially that he might thereby be obliged to take particular notice of every part of the law and by writing it might imprint it in his mind. Note, It is of great use for each of us to write down what we observe as most affecting and edifying to us, out of the scriptures and good books, and out of the sermons we hear. A prudent pen may go far towards making up the deficiencies of the memory, and the furnishing of the treasures of the good householder with things new and old. [3.] He must do this even when he sits upon the throne of his kingdom, provided that he had not done it before. When he begins to apply himself to business, he must apply himself to this in the first place. He that sits upon the throne of a kingdom cannot but have his hands full. The affairs of his kingdom both at home and abroad call for a large share of his time and thoughts, and yet he must write himself a copy of the law. Let not those who call themselves men of business think that this will excuse them from making religion their business; nor let great men think it any disparagement to them to write for themselves those great things of God's law which he hath written to them, Hos. viii. 12.

(2.) Having a Bible by him of his own writing, he must not think it enough to keep it in his cabinet, but he must read therein all the days of his life, v. 19. It is not enough to have Bibles, but we must use them, use them daily, as the duty and necessity of everyday require: our souls must have their constant meals of that manna; and, if well digested, it will be true nourishment and strength to them. As the body is receiving benefit by its food continually, and not only when it is eating, so is the soul, by the word of God, if it meditate therein day and night, Ps. i. 2. And we must persevere in the use of the written word of God as long as we live. Christ's scholars never learn above their Bibles, but will have a constant occasion for them till they come to that world where knowledge and love will both be made perfect.

(3.) His writing and reading were all nothing if he did not reduce to practice what he wrote and read, v. 19, 20. The word of God is not designed merely to be and entertaining subject of speculation, but to be a commanding rule of conversation. Let him know, [1.] What dominion his religion must have over him, and what influence it must have upon him. First, It must possess him with a very reverent and awful regard to the divine majesty and authority. He must learn (and thus the most learned must by ever learning) to fear the Lord his God; and, as high as he is, he must remember that God is above him, and, whatever fear his subjects owe to him, that, and much more, he owes to God as his King. Secondly, It must engage him to a constant observance of the law of God, and a conscientious obedience to it, as the effect of that fear. He must keep all the words of this law (he is custos utriusque tabulae—the keeper of both tables), not only take care that others do them, but do them himself as a humble servant to the God of heaven and a good example to his inferiors. Thirdly, It must keep him humble. How much soever he is advanced, let him keep his spirit low, and let the fear of his God prevent the contempt of his brethren; and let not his heart be lifted up above them, so as to carry himself haughtily or disdainfully towards them, and to trample upon them. Let him not conceit himself better than they because he is greater and makes a fairer show; but let him remember that he is the minister of God to them for good (major singulis, but minor universis—greater than any one, but less than the whole). It must prevent his errors, either on he right hand or on the left (for there are errors on both hands), and keep him right, in all instances, to his God and to his duty. [2.] What advantage his religion would be of to him. Those that fear God and keep his commandments will certainly fare the better for it in this world. The greatest monarch in the world may receive more benefit by religion than by all the wealth and power of his monarchy. It will be of advantage, First, To his person: He shall prolong his days in his kingdom. We find in the history of the kings of Judah that, generally, the best reigns were the longest, except when God shortened them for the punishment of the people, as Josiah's. Secondly, To his family: his children shall also prosper. Entail religion upon posterity, and God will entail a blessing upon it.

CHAP. XVII.

THou shalt not sacrifice unto Iehovah thy God, Oxe or Lambe, wherein is blemish, any evill thing: for that is an abomination to Iehovah thy God.

If there be found in the midst of thee, in any of thy gates, which Iehovah thy God giveth unto thee, man or woman, that hath done evill in the eyes of Iehovah thy God, in transgressing his covenant; And hath gone and served other gods, and bowed himselfe downe unto them, either to the Sunne, or to the Moone, or to any of the host of the heavens, which I have not commanded; And it be told thee, and thou hast heard of it, and hast inquired diligently; and behold it be a truth, and the thing certaine, that this abomination is done in Israel: Then thou shalt bring forth that man, or that woman, which have done this evill thing unto thy gates, the man, or the woman, and shalt stone them with stones, and they shall die. At the mouth of two witnesses, or of three witnesses, shall he that is to die be put to death; he shall not be put to death at the mouth of one witnesse. The hand of the witnesses shall be first upon him, to put him to death, and afterward the hand of all the people; and thou shalt put away the evill from the midst of thee.

If a matter be too hard for thee in judgment betweene bloud and bloud, betweene plea & plea, and betweene stroke and stroke, matters of controversies within thy gates; then thou shalt arise and goe up unto the place which Iehovah thy God shall chuse. And thou shalt come unto the Priests the Levites, and unto the Iudge that shall be in those dayes; and thou shalt inquire, and they shall shew unto thee the word of judgement. And thou shalt doe according to the word which they shall shew unto thee; they of that place which Iehovah shall chuse: and thou shalt observe to doe according to all that they informe thee. According to the Law which they shall teach thee, and according to the judgement which they shall say unto thee, thou shalt doe: thou shalt not decline from the word which they shall shew unto thee, to the right hand or to the left. And the man that will doe presumptuously, not to hearken unto the Priest that standeth to minister there, before Iehovah thy God, or unto the Iudge, even that man shall die; and thou shalt put away the evill from Israel. And all the people shall heare and feare, and not doe presumptuously any more.

When thou art come into the land which Iehovah thy God giveth unto thee, and shalt possesse it, and dwell therein, & shalt say, I will set over me a King, as all the nations that are round about me. Setting thou shalt set over thee a King, whom Iehovah thy God shall chuse: from among thy brethren shalt thou set over thee a King; thou maist not set over thee a man that is a forrainer, which is not thy brother. But he shall not multiply horses to himselfe, nor cause the people to returne to Egypt, to the end to multiply horses; for Iehovah hath said unto you, yee shall not adde to returne this way any more. Neither shall hee multiply wives to himselfe, that his heart turne not away; neither shall he greatly multiply to himselfe silver and gold. And it shall be when hee sitteth upon the throne of his kingdome, that hee shall write for him-selfe the Copie of this Law in a Booke, out of that which is before the Priests, the Levites. And it shalbe with him, & he shal reade therein all the daies of his life, that he may learn to feare Iehovah his God, to keepe all the words of this Law, and these Statutes, to doe them.

That his heart be not lifted up above his brethren; and that hee turne not aside from the commandement, to the right hand or to the left, to the end that he may prolong his daies, in his kingdome, hee and his sonnes in the midst of Israel.

Annotations. NOt sacrifice] in Greek, not offer, which is more generall: and so the Law also saith in Lev. 22. 20. see the annotations there. Oxe or Lambe] these are the greatest and the least sacrifices, under which two, all other are comprehended. The Oxe is not to be understood of a gelded beast, (which wee usually call an Oxe,) for so it became blemished, and unfit for sacrifice; but of a Bull, as the originall properly signifieth. And the Lambe (in Hebrew Se[illegible: 1 letter],) implyeth the Kid also, as Exod. 12. 3, 5. blemish] in Hebrew Mum; of which the Chaldee Muma, and Greeke Momos, are derived. Whereupon Christ is called the Lambe amomos, (that is, without blemish) 1 Pet. 1. 19. It meaneth any superfluity, want, or deformity in any part, as is more largely shewed on Lev. 22. 22.—24. And it is applyed to the worke of mens hands, Iob 31. 7. evill thing] Hebr. evill word; which the Chaldee explaineth, any evill whatsoever, For though there were no visible blemish, yet other corruption might disable it, as if it were sicke, Mal. 1. 8. or the hire of an where, or price of a dog, Deut. 23. 18. or any such like. See the notes on Lev. 22. 25. a[illegible: 1 letter] abomination] and so farre off from being accepted at mans hand, that God pronounceth a curse on those that sacrificed unto him such corrupt things, Mal. 1. 13, 14. Hereby God rejecteth all sacrifices save of his son Christ, (who is the Lumbe without blemish, and without spot, 1 Pet. 1. 19. who through the eternall Spirit, offered himselfe without spot unto God, Heb. 9. 14.) and the sacrifices which by him, and saith in his name, are offered to God continually, Heb. 13. 15. and 11. 4. 1 Pet. 2. 5, 6. Vers. 2. If there be found] or, When there shall be found. any of thy gates] or, one of thy gates, that is, [illegible: 1 span] as the Greeke and Chaldee translate it. in transgressing] or, to transgresse his covenant. Transgression is a passing over, or passing by the way which men should walke in: wherefore that which one Evangelist expresseth thus, they transgresse the tradition of the Elders, Matth. 15. 2. another expoundeth, they walke not according to the tradi[illegible: 1 span] Mark. 7 5. The like phrase is of transgressing the commandements, and the Law, Deu. 19; 13. Dan. 9. 11. Vers. 3. other gods] which the Chaldee calleth Idols of the peoples. [illegible: 2 letters]ther] Hebr. and to the Sunne. Besides other fictions of their owne, the nations worshipped these creatures also: and the Israelites [illegible: 1 letter]ll into the same sin, Ezek. 8. 16. 2 King. 17. 26. and 21. 3. any of the host] or, all the host, that is, the starres, spheres, constellations, &c. as Esay. 34. 4. Rev. 6. 13. Ier. 8. 2. and 33. 22. But [illegible: 2 letters]der this name, the Angels also may be implied, Psal. 148. 2. for they are heavenly souldiers, Luk. [illegible: 1 word]. 13, 15. and forbidden to be worshipped, Coloss. 2. 18. God onely is to be served, Matth. 4. 10. and the host of heaven worshippeth him, Neh. 9. 6. not commanded] religious worship and service may not be performed at the pleasure or precept of men, Esay 29. 1. 3. Matth. 15. 9. but as is commanded of God: and though all idolatries in the world are not expresly and by name forbidden, yet by the generall Law they are condemned, Exo. 20. 4, 5. and it is enough that God hath not commanded them: see Deut. 4. 2. and 12. 32. Vers. 4. and hast inquired] or, then thou shalt inquire diligently: Hebr. inquire well; both to finde out the sinne, if it be committed; and not to punish any man upon uncertaine reports. Vers. 5. unto thy gates] in Greeke, unto the gate: but the Chaldee saith, to thy citie. Of this the Hebrews write: they stone not. an Idola[illegible: 1 span] but[illegible: 1 span] the gate (of the citie) wherein he served (the Id[illegible: 1 span].) and if it be a citie, where the most are heathans, they stone him at the doore of the Iudgement Hall. That (in Deut. 17. 5.) VNTO THY GATES, is meant the gate wherein he served (the Idoll) and not that wherein sentence (of death) was decreed against him. Maimony in Sanhedrin, c. 15. s. 2. stone them] This judgement of the particular person was greater than that of a whole citie which were killed with the sword, Deut. 13. 15. save that their goods were consumed also; this mans goods (as the Hebrewes say,) went to his heires. Of the manner of stoning, see the annotations on Lev. 24. 23. Vers. 6. At the mouth] which the Chaldee translateth, the word, meaning the testimony of two or three. But from hence the Hebrewes gather; they must receive no testimony but from the mouth of the witnesses; it may not be from a writing of their hand. Maimony in treat. of Witnesses, ch. 3. s. 4. See the notes on Deut. 19. 15. he that is to die] or, he that dieth: the Chaldee expoundeth is; bee that is guilty (or deserveth) to be killed. of one] See this explained in Deut. 19. 15. Vers. 7. and thou shalt put away the evill] If this phrase, see Deut. 13. 5. the Greeke translateth, & put ye away (or, take away) from among your selves that wicked (person:) which very words Paul useth in 1 Cor. 5. 13. when he commandeth a wicked man to be cast out of the Church. Vers. 8. a matter] Hebr. a word. too hand▪ or, marvellous, as being hidden from thy knowledge, that thou (O Iudge) canst not know, or determine it. The Greeke translateth, be impossible: the Ghaldee, separated from thee. It is spoken of things that are hidden, and so too hard and unpossible for one either to know, or to doe See Gen. 18. 14. Ier. 32. 17, 27. Zach. 8. 6. Deut. [illegible: 1 letter]0. 11. bloud and bloud] Hebr. bloud to bloud: which phrase noteth a respect of one thing to another, when they are compared. By bloud may be understood murder, of which the Iudges may be doubtfull and unable to finde out whether it were wilfull, which deserved death; or unwilling, for which exile into the cities of refuge was appointed, Num. 35. 16, 23, 24, &c. Bloud and bloud, is by some referred to those lawes mentioned in Levit. 15. 19, and Deut. 22. 17. plea] or, judgement and judgement and judgement, cause, as in 1 King. 3. 16, 17.—28. stroke and stroke] or, plague and [illegible: 1 letter]lague: which the Chaldee translateth, plague of leprosie, and plague of leprosie: wherein [illegible: 1 letter]here might be difficulties, that the Priests could non easily judge: see Levig 13. and 14. chapters. But by plague or stroke may also be meant strokes and wounds that one man gave unto another. matters] or, words of strikes, that is, of disagreement among the Iudges, th[illegible: 1 letter] they could not accord in the sentence of judgement, because of some doubts & difficulties. So the Chaldee translateth it, words (or mat[illegible: 1 span]) of division of judgement. Iehosaphat explaineth it thus, betweene bloud and betweene Law & Commandement, Statutes & Iudgements, 2 Chr. 19. [illegible: 1 word] to implying all difficulties about any part of the Law whatsoever. thy gates] in the Greek and Childee, thyrities. then thou] Hebr. and thou shalt arise; speaking to the Iudge or Iudges, which found the causes too hard for them in judgement: so it is written of the Iudges, the hard matter they brought unto Moses, and every small matter they judged themselves, Exod. 18. 26. shall chuse] to put his name, and to dwell there; see [illegible: 1 word]. 2. 5. This place afterward was Ierusalem, as it is said, Moreover, in Ierusalem did Iehosaphat set of the Levites, and of the Priests, and of the chiefe of the fathers of Israel, for the judgement of the LORD, & for [illegible: 1 word], &c. 2 Chr. 19. 8, 9. 10. And there were se[illegible: 1 letter] thrones of judgment; Ps. 122. 5. Vers. 9. and unto the judge] by and is meant or, as is opened in vers [illegible: 1 word]. or unto the Iudge: by the iudge is understood the high conncell or Senate of Iudges, which were of the chiefe (or heads) of the fathers of Israel, 2 Chron. 19. 8. as they who here are called Priests, are in v. 12. called the Priest: and in 1 Chr. 4. 42. many captaines are in the Hebrew called an Head. And as among the Priests one was chiefe, so among the Iudges one was Prince or Ruler, 2 Chro. 19. 11. The Hebrew records say, When any doubt arose in any case, to any one of Israel, he asked of the Iudgement hall (or Synedrion) that was in his citie; if they knew, they told it him: if not, then he that enquired, together with the Synedrion, or with the messengers thereof, went up to Ierusalem, & enquired of the Synedrion that was in the mountaine of the Temple; if they knew, they [illegible: 1 word] him; if not, then they all came to the Synedrion that was at the dvore of the Court-yard (of the Temple:) if they knew, they told it them, and if not, they all came to the Chamber of hewen (stone) to the great Synedrion, and enquired, &c. Maim. tom. 4. treat. of Rebells, c. 1. s. 4. Of the thre[illegible: 1 letter] Synedrions in Ierusalem, see the Annotations on Num. 11. 16. that shall be in those dayes] From hence the Hebrewes gather, that if the high Synedrion had judged and determined of a matter, as [illegible: 1 word] right in their eyes, & after them another Synedrom rose up, which upon reasons seeming good unto them, disanulled the former sentence; then it was disanulled, and judgement passed according as seemed good unto these latter: Thou art not bound (say they) to walk save after the Synedrion (or Iudges) that are in: thy generation (the time wherin thou livest;) Maim. in Rebels, c. 2. s. 1. the word of judgement] that is, the matter or sentence of judgement: which was to be according to the Law of God, vers. 11. as it is said of the Priests, And in controversie, they shall stand in judgement; and they shall judge it according to my judgements, Ezek. 44. 24. Whereupon it was also said unto the Iudges, Yee shall warne them that they trespasse not against the Lord, and so wrath come upon you, and upon your brethren, 2 Chron. 19. 10. Vers. 10. according to the word] or, according to the sentence of the word: Hebr. the mouth of the word: so in v. 11. all that they informe thee] or, all that they teach thee, to w[illegible: 1 letter]t, agreeable to Gods Law, as before is shewed, from Ezek. 44. 24. And in this sense, Christ said to the people of the Scribes and Pharisees sitting in Moses seat; All whatsoever they bid you observe, that observe and doe, Matth. 23. 2, 3. which he meaneth not of their owne traditions, but of their doctrine according to Moses; for when they taught for doctrines the commandements of men, hee both reproved them himselfe, and willed his Disciples to let them alone, as blinde leaders of the blinde, Matth. 15. 1, 2,—14, and charged them to beware of the leaven of the Pharisees and Sadduces, that is, their doctrine, Matt. 16. 6, 12. Here therefore the Hebrew Doctors have stumbled at the Law, whiles from this Scripture they would establish not onely the written Law of God, but the Law by word of mouth, (or, by tradition) the foundation whereof they make the high Synedrion which was in Ierusalem: from whose judgement they held it not lawfull to decline. Maimony in Rebels, c. 1. Vers. 11. According to the Law] or, According to the mouth (that is, the sentence, doctrine or commandement) of the Law. not decline from the word] or, not turne aside from. The commandement to doc, & the prohibition not to decline, joyned together in this Law, doe shew the weight thereof: the naming of the Law, Iudgement & Word, which the Priests and Iudges should teach, sheweth the rule of right judgement to be given of God in his Law, Ios. 1. 7. Deut. 5. 32, 33. Ezek. 44. 24. from which when the Priests departed, the Lord made them contemptible and base before all the people, Mal. 2. 7, 8, 9. Vers. 12. the man that will doe presumptuously] or, in presumption, proudly; as the Greeke translateth, in pride; the Chaldee, in wickednesse. It is opposed unto ignorance and errour, Exod. 21. 13, 14. By the man here here to be meant either private person, or inferiour Iudge, that proudly disobeyed the sentence of the highest Councell; but the Hebrewes referre it chiefly to the Rebellious Elder, or Iudge: and whereas they brought their owne traditions (or law by word of mouth) within the compasse of the Law to be taught, (as is noted on vers. 10.) they except the Sadduces which had beene from their youth trained up in their fathers opinions, and never received the traditions of the Pharisees; that such were not to dye by this Law, for not obeying the doctrine which the high Court taught by tradition: as also from this word will doe, they teach that the rebellious Elder was not guilty of death, for holding in judgment contrary to the decree of the high Synedrion, or for teaching others so to hold, unlesse hee teach them to do the thing, or doe it himselfe. Yet though he were free from death, the Magistrates might beat him, or otherwise punish him. Maim. in Rebel. c. 3. s. 1. &c. the Priest] that is, the Priests. as in v. 9. for, by their mouth every controversie, and every stroke was to bee tried, Deut. 21. 5. standeth to minister] so in Ezek. 44. 24. in controversie they shall stand in judgment: see the notes on Deut. 10. 8. there before Iehovah] or, there unto Iehovah, as in Deut. 21. 5. the Greeke translateth, in the name of the Lord. or unto the Iudge] that is, the Iudges, as is noted on v. 9. And by this disjunctive or, the Iudges are distinguished from the Priests forementioned. shall die] the manner of his death, the Hebrewes say, was strangling; and they that put him to death were the chiefe Iudges. When witnesses come (and testifie) that he hath done according to his teaching, or, that hee hath taught others to doe it, they determine his sentence of death, in the judgment hall that is in his Citie, and take him and carrie him up from thence to Ierusalem. And they put him not to death in the Iudgment hall that is in his citie, &c. but carrie him up to the high Synedrion in Ierusalem, and keepe him untill the feast, and strangle him at the feast, as it is said, and all the people shall heare and feare, &c. Maimony in Rebels, o. 3. s. 8. See also the notes on Deut. 13. 11. the evill] the evill doer, as the Childee explaineth it, agreeable also to the Greeke: see Deut. 13. 5. Vers. 14. and shalt say] that is, if thou shalt say, I will set over mee a King: Thus God, who had set Iudges over his people, permitteth them also to have a king, if they saw it so meet, and would; and should doe this thing after an holy and orderly manner. But when they sought it amisse, it displeased the Lord, 1 Sam. 8. 5, 6, 7. and 12. 12, 17, 19. Then God gave them a king in his anger, and took him away in his wrath, Hos. 13. 11. Vers. 15. Setting thou shalt set] that is, thou shalt in any wise set: thus bindeth hee them to doe this during, according to the rules here given, both for the good of their Common-wealth and Church, and for a figure of Christ, to whom the kingdome of Israel did belong, Esay 32. 1. Zach. 9. 9. Luk. 1. [illegible: 1 word], 32, 33. thy God shall chuse] either by the manistery of his Prophets, as by Samuel hee anointed Saul, 1 Sam. 10. 1. and David, 1 Sam. 16. 1. by Ahijah, he chose Ieroboam, 1 King. 11. 29, 31, 35. or by other meanes, as by Vrim and Thum [illegible: 1 word], by Lot, or the like. thy brethren] in this Christ was figured, as also in his other functions of [illegible: 1 span]phesie and Priesthood; for so it is written, Ie [illegible: 1 word] thy God will raise up unto thee a Prophet from the middest of thee, of thy brethren, Deut. 18. 15. And, in all things it behoved him to be made like unto his brethren, that be might bee a mercifull and faithfull high Priest, &c. Heb. 2. 17. Vers. 16. not multiply horses] not get him many horses, lest hee should put confidence in worldly strength, whereof horses were the principall, as appeareth by Psal. 20. 8. Deut. 20. 1. Prov. 21. 31. to Egypt] in which land were many horses, which they accounted the strength of their countrey, 2 Chron. 1. 16. and 9. 28. whereupon it is said, Woe to them that goe downe to Egypt for helpe, and stay on horses, &c. Esay 31. 1. not adde to returne] that is, not againe returne, either for the cause aforesaid, or for to dwell there, because of their great idolatries, and other sinnes, whereby Gods people might be corrupted. So Ieremy from the Lord disswaded the Iewes from going into Egypt, Ier. 42. 10, 14, 16, 17, &c. The Hebrewes say, It is lawfull to dwell in all the world, save in the land of Egypt: but it is lawfull to returne to the land of Egypt for mer chandise, &c. Maim. treat. of Kings, ch. 5. s. 7, 8. Vers. 17. multiply wives] take many wives; the Hebrews, and some Christians understand this prohibition of exceeding many, as Solomon had seven hundred, 1 King. 11. 3. and not that moe wives than one are here forbidden. But howsoever God bare with the Kings, Patriarkes, and other men that had moe wives than one, and that this custome prevailed, yet from the beginning it was not so, when he made but two to be one flesh, Gen. 2. 24. Mat. 19. 5. Mal. 2. 14, 15. that his heart turne not away] or, neither shall his heart turne away, to wit, from the Lord, unto the pleasures of life, or unto other gods, by meanes of many wives: as of Solomon it is said, His wives turned away his heart after other gods, and his heart was not perfect with the Lord his God, 1 King. 11. 4. Although his mother taught him better, saying, Give not thy strength unto women, nor thy waies to that which destroyeth Kings, Prov. 31. 1, 3. greatly multiply] or, vehemently (exceedingly) multiply silver and gold: which is another meane whereby the heart may be withdrawne from God; for when men be rich and full, they are in danger to denie and say, Who is the Lord? Prov. 30. 8, 9. and they cannot serve God and Mammon, Matt. 6. 24. the care of this world, and the doceitfulnesse of riches choke the word of God, Matt. 13. 22. and they that will bee rich fall into tentation, and a snare, and into many foolish and hurtfull lusts, which drowne men in destruction and perdition, 1 Tim. 6. 9. Vers. 18. when he sitteth upon the throne] that is, when he is King: see the notes on Exod. 11. 5. the copie of this Law] the Greeke translateth it, this Deuteronomie. The Hebrewes have recorded thus; When the King sitteth upon the throne of his kingdome, hee is to write him the booke of the Law for himselfe, over and beside the booke which is left him of his fathers, &c. If his fathers have lest him none or, if that be lost, he is to write him two bookes of the Law; the one he is to reserve in his house, for so he is commanded, as every one of Israel; the other is not to depart from before him. If he goe out to war, it (goeth) with him; if he fit in iudgment, it is to be with him, &c. Maimony treat. of Kings, c. 3. s. 1. before the Priests] the originall booke of the Law was kept in the Sanctuary, as appeareth by Deut. 31. 26. 2 King. 22. 8. out of that was the Kings copie to be written, that it might be perfect. Vers. 19. it shall be with him] in all places whither hee went, hee caried this copie of the Law with him, as before is noted: So God said unto Iosua, This booke of the Law shall not depart out of thy mouth, but thou shalt meditate therein day and night, &c. Ios. 1. 8. Thus David did, as appeareth by Psal. 119. 16, 24, 97, 98, 99 &c. learne to feare] under this name feare, notonely the inward reverence, but the outward worship and service of God is also implied, even all true Religion: as that which is written, their feare towards [illegible: 2 letters]ee is taught by the precept of men, Esay 29. 13. is expounded by our Saviour, In vainè they worship mee, teaching doctrines the precepts of men, Matt. 15. 9. Vers. 20. not lifted up above his brethren] because the honour of the King was great, and all were to obey him in the Lord, Ios. 1. 16, 17, 18. Eccles. 8. 2, 3, 4. Rom. 13. 1. therefore hee is warned to shunne pride, and loftinesse of heart; whereupon David said, Lord, my heart is not haughty, nor mine eies lofty, &c. Psal. 131. 1, 2. The contrary was found in Nebuchadnezzar, to whom the most high God gave a kingdome, and majestie, and glory, and honour [illegible: 2 letters]but when his heart was lifted up, and his minde hardened in pride, he was deposed from his kingly throne, and they tooke his glory from him, Dan. 5. 18, 20. The Hebrewes say, As the Scripture giveth great honour to the King, and every one is bound to honour him; so it commandeth him, that his heart be humble within him, and wounded, as it is said (in Psal. 109. 22.) My heart is wounded within mee. And he may not carry himselfe with pride of heart in Israel, more than is meet, Deut. 17. 20. but must be gratious and pittifull, both to little and great; and goe out, and come in for their pleasure & for their good, and have regard of the honour of the smallest. And when he speaketh unto all the congregation in generall words, hee should speake gently, as it is said (by David in 1 Chron. 28. 2.) Heare mee my brethren, and my people. It is also said (in 1 King. 12. 7.) If thou wilt be a servant unto this people this day, &c. And hee must alwaies use exceeding meekenesse: wee have had none greater than our master Moses, yet he said, And what are wee? your murmurings are not against us (Exod. 16. 8.) And he bare their cumbrance, and their burden, and their murmurings, and their indignation, as a nursing father beareth the snoking child (Num. 11. 12.) The Scripture calleth him a Shepherd to feed Iacob his servant: and the manner of a shepherd is expressed (in Esay 40. 11.) Hee shall feed his flocke like a shepherd, bee shall gather the lambs with his arme, and carrie them in his bosome, &c. Maim. treat. of Kings, chap. 2. sect. 6.