CHAPTER XVII

_THE SPEAKERS FOR GOD--I. THE KING_

DEUT. xvii. 14-20

In approaching the main section of the legislation it will be

necessary, in accordance with the expository character of the

series to which this volume belongs, to abandon the consecutive

character of the comment. It would lead us too far into archæology

to discuss the meaning and origin of all the legal provisions which

follow. Moreover nothing short of an extensive commentary would

do them justice, and for our purpose we must endeavour to group

the prescriptions of the code, and discuss them so. As it stands

there is no arrangement traceable. So utterly without order is it,

that it can hardly be thought that it is in the exact shape in

which it left its author's hands. Transpositions and misplacements

must, one thinks, have taken place to some extent. We are thus

left free to make our own arrangements, and it would appear most

fitting to discuss the code under the five heads of National Life,

Economic Life, and three fundamental qualities of a healthy national

life--Purity, Justice, and the Treatment of the Poor. Every phase

of the laws which remain for discussion can easily be brought under

these heads, and this chapter will discuss the first of them, the

organisation of the national life.

It is a striking instance of the accuracy of the national memory

that there is a clear and conscious testimony to the fact that for

long there was no king in Israel. Had the later historians been at

the mercy of a tradition so deeply influenced by later times as it

pleases some critics to suppose, it would seem inexplicable that

Moses should not have been represented as a king, and especially

that the conquest should not have been represented as a king's work.

Evidently there was a perfectly clear national consciousness of

the earlier circumstances of the nation, and it presents us with

an outline of the original constitution which is very simple and

credible. According to this the tribes whom Moses led were ruled

in the main by their own sheikhs or elders. Under these again were

the clans or fathers' houses similarly governed; and lastly, there

were the families in the wider sense, made up of the individual

households and governed by their heads. So far as can be gathered,

Moses did not interfere with this fundamental organisation at all.

He added to it only his own supremacy, as the mediator and means of

communication between Yahweh and His people. As such, his decision

was final in all matters too difficult for the sheikhs and judges.

But the fundamental point never lost sight of was that Yahweh alone

was their ruler, their legislator, their leader in war, and the doer

of justice among His people. From the very first moment of Israel's

national existence therefore, from the moment that it passed the

Red Sea, Yahweh was acknowledged as King, and Moses was simply His

representative. That is the cardinal fact in this nation's life,

and amid all the difficulties and changes of its later history

that was always held to. Even when kings were appointed, they were

regarded only as the viceroys of Yahweh. In this way the whole of

the national affairs received a religious colour; and those who look

at them from a religious standpoint have a justification which would

have been less manifest under other circumstances.

It is, therefore, no delusion of later times which finds in

Israelite institutions a deep religious meaning. Nor is the

persistence with which the Scriptural historians regard only the

religious aspects of national life to be laid as a fault to their

charge. It is nothing to the purpose to say that the bulk of the

people had no thoughts of that kind, that the whole fabric of the

national institutions appeared to them in a different light. We have

no right to lower the meaning of things to the gross materialism of

the populace. One would almost think, to hear some Old Testament

critics speak, that in this most ideal realm of religion we can be

safe from illusion only when ideal points of view are abandoned,

that only in the commonest light of common day have we any security

that we are not deceiving ourselves. But most of these same men

would resent it bitterly if that standard were applied to the

history of the lands they themselves love. What Englishman would

think that Great Britain's career and destiny were rightly estimated

if imperial sentiment and humanitarian aims were thrust aside in

favour of purely material considerations? Why then should it be

supposed that the views and opinions of the multitude are the only

safe criterion to be applied to the institutions of God's ancient

people?

In truth, there is no reason why we should think so. The Divine

kingship made it impossible that the higher minds should be content

with the low aims of the opportunists of their day, whether these

were of the multitude or not. Even the entrance into Canaan,

which to the mass of the people was, in the first place, a mere

acquisition of territory and wealth, was idealised for the leaders

of the people by the thought that it was the land promised by

Yahweh to their fathers, the land in which they should live in

communion with Him. Generally, it may be said that the desire for

communion with God was the impelling and formative power in Israel.

The thoughts of even the dullest and most earthly were touched by

that ideal at times; and no leader, whether royal, or priestly, or

prophetic, ever really succeeded among this people who did not keep

that persistently in view as the true goal of his efforts. Moreover

this gave its depth of meaning to the whole movement of history in

Israel. Every triumph and defeat, every lapse and every reform had,

owing to this direction of the people's efforts, a significance far

beyond itself. These were not merely incidents in the history of

an obscure people; they were the pulsations and movements of the

world's advance to the full revelation of God. All that would have

been wholly national or tribal in the institutions and arrangements

of an ordinary people was in Israel lifted up into the religious

sphere; and the orders of men who spoke for the invisible King--the

earthly king, the priest, and the prophet--became naturally the

organs of the national life.

The king's position was entirely dependent upon Yahweh. He was

to be chosen by Yahweh, he was to act for Yahweh, and no king

could rightly fill his place in Israel who was not loyal to that

conception. It is in this sense that David was the man after God's

own heart. He, in contrast to Saul and to many of the later kings,

accepted with entire loyalty, notwithstanding his great natural

powers, the position of viceroy for Yahweh. It is, therefore,

an essential truth which underlies the Scriptural judgment that

the kings who made themselves, or attempted to make themselves,

independent of Yahweh, were false to Israel and to their true

calling. And this is why Samuel, when the people demanded a king,

regarded the movement with stern disapproval, and why he received

an oracle denouncing the movement as a falling away from Yahweh.

For, in the first place, the motive for the people's request, their

desire to be like other nations, was in itself a rejection of their

God. It repudiated, in part at least, the position of Israel as His

peculiar people, and implied that an earthly king would do more for

them than Yahweh had done; whereas if they had been faithful and

united enough in spirit they would have found victory easy. In the

second, the request in itself was a confession of unfitness for

their high national calling; it was a confession of failure under

the conditions which had been Divinely appointed for them. Not only

in the eyes of the Biblical historian therefore, but as a plain

matter of fact, the demand was an expression of dissatisfaction on

the people's part with their invisible King. They needed something

less spiritual than Yahweh's invisible presence and the prophetic

word to guide them. But since they had declared themselves thus

unfaithful, Yahweh had to deal with them at that level, and granted

their request as a concession to their unbelief and hardness of

heart.

That is the representation of the Books of Samuel; and the absence

of any similar law from the codes before Deuteronomy confirms the

view that the earthly kingship was not an essential part of the

polity of Israel, but a mere episode. Nowhere in legislation save

here in Deuteronomy is the king ever mentioned, and nowhere, not

even here, is any provision made for his maintenance. No civil taxes

are appointed by any law, while the most ample provision is made for

the presentation direct to Yahweh, as Lord paramount, of tithes and

firstfruits.

The history and the law alike agree therefore in regarding the

kingship as somewhat of an excrescence upon the national polity;

and this law, where alone the king's existence is recognised,

confines itself strictly to securing the theocratic character

of the constitution. He must be chosen by Yahweh; he must be a

born worshipper of Yahweh, not a foreigner; and he must rule in

accordance with the law given by Yahweh. Further, the ideal

Israelite king must be on his guard against the grossly voluptuous

luxury which Oriental sovereigns have never been able to resist,

either in ancient or modern times; and also against the lust for war

and conquest which was the ruling passion of Assyrian and Egyptian

kings. Evidently too the ideal king of Israel was, like Bedouin

sheikhs now, expected to be rich, able to maintain his state out

of his own revenues. The tribute paid by subject peoples, together

with the booty taken in war and the profits of trade, were his only

legitimate sources of income beyond his own wealth. Every other

exaction was more or less of an oppression. He had no right to make

any claims upon the land, for that was held direct of Yahweh. Nor

were there any regular taxes, so far as the Old Testament informs

us. The only approach to that would appear to be that the presents

with which his subjects voluntarily approached the king were

sometimes and by some rulers made permanent demands; at least that

would seem to be the meaning of the somewhat obscure statement in

1 Sam. xvii. 25 that King Saul would reward the slayer of Goliath

by making "his father's house free in Israel." Some kind of regular

exaction from which the victorious champion's family should be free

must here be referred to; but it would not be safe, in the absence

of all other evidence, to suppose that regular taxes in the modern

sense are referred to. More probably something of the nature of the

"benevolences" which Edward IV. introduced into England as a source

of revenue is meant. If a popular and powerful king of Israel was in

want of money, he could always secure it by ordering those able to

afford handsome presents to appear yearly before him with such gifts

as a loyal subject should offer. For the convenience of all parties

an indication of how much would be expected might be made, and then

he would have what to all intents and purposes would be a tax.

Along with this he might also enforce the _corvée_; but such things

were always regarded as excesses of despotic power. That Samuel in

his _mishpat hammelekh_ (1 Sam. viii. 15) warns the people that the

king would demand of them a tithe of their cereal crops and of the

fruit of their vineyards and of their sheep, does not contradict

this reading of the passage in 1 Sam. xvii. For though chapter

viii. belongs to the later portion of 1 Samuel and may therefore

represent what the kings had actually claimed, yet it in no way

endorses such demands. On the contrary, it indicates that such

exactions would bring the people into slavery to the king by the

phrase "And ye shall be to him for slaves." All that is mentioned

there, consequently, is part of the evil the kingship would bring

with it, and cannot in any way be regarded as a legal provision for

the maintenance of royalty.

It is not probable, therefore, that in these prescriptions the

author of Deuteronomy is repeating a more ancient law. No such

law has come down to us. Dillmann supposes the provision that the

king should always be an Israelite to be ancient; and indeed at

first sight it is difficult to see why such a provision should be

introduced for the first time in the last days of the Southern

Kingdom, where the kingship had so long been confined, not only to

Israelites, but to the Davidic line. But Jer. xxxii. 21--"Their

potentate shall be of themselves, and their governor shall proceed

from the midst of them"--shows that, whatever the cause might be,

there was in the first years of the sixth century a longing for a

native king similar to that here expressed. In any case, as the

obvious intention here is to make entire submission to Yahweh the

condition of any legitimate kingship, it was only consistent to

require expressly that the king should be one of Yahweh's people.

That motive would be quite sufficient to account for raising what

had been the invariable practice into a formulated law; and no other

of the prescriptions need have been ancient. On the other hand,

the curious phrase "Only 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 Yahweh hath said unto you, Ye shall

henceforth return no more that way," can hardly belong to the

Mosaic time. There was no doubt then much danger that the people

should wish to return to Egypt; but that a king should cause them

to return for horses, is too much of a subordinate detail to have

been portion of a Mosaic prophecy. If, as is most probable, the

phrase condemns the sending of Israelites into Egypt to buy horses

and chariots, it can have been written only after Solomon's days.

Before that time Israel, as an almost exclusively mountain people,

regarded horses and chariots with dislike, and usually destroyed

them when they fell into their hands. With the extension of their

power over the plains and the growth of a lust for conquest, they

sought after chariots eagerly. To procure them they entered into

alliances with Egypt which the prophets denounced, and which brought

to the nation nothing but evil. It was natural, therefore, that

the Deuteronomist should specially mention this detail, and should

support it by reference to a Divine promise, which does not appear

in our Bible, but which probably was found in either the Yahwistic

or the Elohistic narrative.

But whether the whole is Deuteronomic or not, there can be no

question that the command that the king shall have "a copy of this

law" prepared for him and shall read constantly therein is so;

and perhaps of all the prescriptions this is the most important.

In purely Eastern states there is no legislature at all, and the

greater part of the criminal jurisdiction especially is carried

on without any reference to fixed law save in cases affecting

religion. This was the case in the Mahratta states in India so long

as they were independent. The ruler and the officers he appointed

administered justice, solely according to custom and their own

notions of rectitude, "without advertence to any law except the

popular notions of customary law."[83] Now in Israel the state of

things was entirely similar, save in so far as the fundamental

principles of Yahwistic religion had been formulated. In all other

respects customary law ruled everything. But it was the religious

influence that gave its highest and best developments to the life

of Israel. It was this, too, which brought to such early maturity

in Israel the principles of justice, mercy, and freedom. Elsewhere

these were of exceedingly slow growth. In Israel, the influence

of the lofty religious ideas implanted in the nation by Moses did

for them what the influence of the higher political and social

ideas of the governing Englishmen are said to do, under favourable

circumstances, for the Indian peoples. Without disturbing the

general harmony which must subsist between all parts of the organism

of the State if the nation's life is to be healthy, and without

putting it out of relation with its surroundings, that influence

has been, and is still, moving the more backward Indian societies

along the natural paths of human progress at a greatly accelerated

speed.[84] In a similar way the Israelite people was moved by the

Mosaic influence, in its aspirations at least, with an elsewhere

unexampled speed and certainty, towards an ideal of national life

which no nation since has even endeavoured to realise. But whenever

the kings threw off the yoke of Yahweh and plunged into idolatry,

then the evils of despotic Oriental rule made their appearance

unchecked. These evils have been enumerated in the following words

by one well acquainted with Oriental states: "Cruelty, superstition,

callous indifference to the security of the weaker and poorer

classes, avarice, corruption, disorder in all public affairs, and

open brigandage." With the exception perhaps of the last, these are

precisely the sins which the prophets are continually denouncing.

Long before Hezekiah they were rampant, especially in the Northern

Kingdom, and in the evil days between Hezekiah and Josiah, when we

suppose Deuteronomy to have been written, they were indulged in

without shame or compunction.

[83] Tupper, _Our Indian Protectorate_, pp. 248, 249.

[84] _Ibid._, p. 321.

The result was that an inarticulate cry, like that we hear to-day

from Persia in the articulate form of newspaper articles, must have

filled the hearts of all righteous men and the multitude of the

oppressed. What it would be we may learn from the following extract

from a letter written from Persia to the _Kamin_, _i.e._ "Law," a

Persian newspaper published in London, and translated by Arminius

Vambéry in the _Deutsche Rundschau_ for October 1893: "Oh, brothers,

behold how deeply we have sunk into the sea of ignominy and shame.

Tyranny, famine, disease, poverty, calamity, decay of character, and

all the misery in the world has overflowed our country. The cause

of all this misfortune lies in this, that we have no laws; only in

this, that our conscienceless and foolish great ones have wilfully

and purposely rejected, trodden under foot, and destroyed the laws

of the sacred code.... We are men, and would have laws! It is not

new laws we ask for, but we desire that our secular and spiritual

heads should assemble and press for the enforcement of the holy laws

of the sacred code. Therefore we ask of you this one thing, that you

should proclaim: 'We are men, and would have laws.'" The East is so

perennially the same, that the two thousand five hundred years which

separate that pathetic cry from the prayers of the true Israel in

Manasseh's and Amon's days make no radical difference. The situation

was the same, and the need was the same. Hence came this prophetic

and priestly redaction of the Law of the Covenant. "They were men,

and would have laws." They sought to be freed from the greed, the

cruelty, and the lawlessness of their rulers; and having produced

their revised code, they wished to secure that it should not

disappear from memory, as the more ancient law had been suffered to

do. It must be kept continually before the king's mind. "It shall be

with him, and he shall read therein all the days of his life; that

he may learn to fear Yahweh his God, to keep all the words of this

law and these statutes to do them." In this way it was thought that

future "great ones" would be prevented from "rejecting, treading

under foot, and destroying the laws of the sacred code."

But the king of Israel was not only to be a law-abiding and a

law-enforcing king. He was to learn from this new law even a deeper

lesson. He was to read daily in the law, "that his heart might not

be lifted up above his brethren." Oriental despots either openly

claim that they are of higher and purer blood than their subjects,

or they deal with these latter as if they had nothing in common with

them. In the laws of Manu it is said, "Even an infant king must not

be despised, (from an idea) that he is a (mere) mortal; for he is

a great deity in human form." It was not to be so in Israel. His

subjects were the Israelite king's "brethren." They all stood in

the same relation to their God. All equally had shared Yahweh's

favour in being delivered from the bondage of Egypt. Each had the

same rights, the same privileges, the same claims to justice and

consideration as the king himself had. That, this law was to teach

the king; and when he had learned the lesson, it is taken for

granted that the root from which the other evils spring would be

destroyed.

Such, then, the ruler of Israel was to be. He was to feel, first

of all his responsibility to God. Then he was to deny himself to

the lust of conquest, to the voluptuous pleasures of the flesh, to

the most devouring lust of all, the love of money. Last of all, and

above all, he was to acknowledge his equality with the poorest of

the people in the sight of God. Could there be even yet a nobler

ideal set before the kings of the world than this? The reign of only

one king of Israel, Josiah, promised its realisation. That seemed,

indeed, to be "the fair beginning of a time." But it was not so;

it proved to be only an afterglow, a mere prelude to the night.

None of his successors made even an attempt to imitate him, and

the destruction of the Jewish State put an end to all hope of the

appearance of the Yahwistic king in Israel. Elsewhere, before the

coming of Christ, he did not appear. Since Christ's coming, here

and there, at rare intervals, such rulers have been found. But in

the East perhaps the only rulers who can be said to have made any

attempt in this direction are the best of the great uncrowned kings

of India, the British viceroys.

Such, for example, was Lord Lawrence's aim, and his reward. From the

beginning to the end of his Indian career he lived a pure and simple

life, laboured with untiring energy for the good of the people,

and kept in his mind, as his aspirations for his Punjaub peasantry

show, the Old Testament ideal of both ruler and ruled. He was, too,

entirely free from the lust of conquest, as some Indian viceroys

have not perhaps been; and he did all his work under a solemn sense

of responsibility to God. To a large extent, the Biblical ideal made

him what he was as a ruler, and the life and power of that ideal

now, in such men, sufficiently show the truth of the prophetic and

priestly insight which is embodied here. Many who have disregarded

these rules have done great things for the world; but we are only

the more sure, after two thousand five hundred years, that on these

lines alone can the ruler attain his highest and purest eminence.

All the aspirations of men to-day are towards a state of things in

which rulers, whether they be any longer kings or no, shall stand on

a level of brotherhood with their subjects, and shall set the good

of the ruled before them as their sole aim. All men are dreaming

now of a future in which personal ambition shall have little scope,

in which none will be for himself or for a party, but "all will

be for the State." If ever that good dream be realised, rulers of

the Deuteronomic type will be universal; and the depth of wisdom

embodied in the laws of this small and obscure Oriental people, so

many ages ago, will be manifested in a general political and social

happiness such as has never yet been seen, on any large scale at

least, in the history of men.

The Expositor's Bible: The Book of Deuteronomy · 第 17 / 26 章