Deuteronomy 17

The charge of this chapter is,

I. Concerning the purity and perfection of all those animals that were offered in sacrifice, ver. 1.

II. Concerning the punishment of those that worshipped idols, ver. 2 -7.

III. Concerning appeals from the inferior courts to the great sanhedrim, ver. 8 -13.

IV. Concerning the choice and duty of a king, ver. 14, etc.

Deuteronomy 17:1-7

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. 1:19), 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. 1:8.

II. A law for the punishing of those that worshipped false gods. It was made a capital crime to seduce others to idolatry (ch. 13), 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. 35:30; it is quoted, Matt. 18:16.

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. 13:9.

Deuteronomy 17:8-13

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. 16:18), 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, etc.) 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. 10:28, 29.

Deuteronomy 17:14-20

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. 8:4: 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. 2:14.

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. 10:7) nor have many horses for his officers and guards (when God was their King, his judges rode on asses, Judg. 5:10; 12:14), nor must he multiply horses for war, lest he should trust too much to them, Ps. 20:7; 33:17; Hos. 14:3. 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 10:28, 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. 18:3), 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 11:1), 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 12:4), nor so as to deceive himself, by trusting to it, and setting his heart upon it, Ps. 62:10. [2.] He must not multiply it to himself. David multiplied silver and gold, but it was for the service of God (1 Chron. 29:4), 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. 8:12.

(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. 1:2. 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.

Deuteronomy 18

In this chapter,

I. The rights and revenues of the church are settled, and rules given concerning the Levites' ministration and maintenance, ver. 1 -8.

II. The caution against the idolatrous abominable customs of the heathen is repeated, ver. 9 -14.

III. A promise is given them of the spirit of prophecy to continue among them, and to centre at last in Christ the great prophet, ver. 15 -18.

IV. Wrath threatened against those that despise prophecy (ver. 19) or counterfeit it (ver. 20), and a rule given for the trial of it, ver. 21, 22.

Deuteronomy 18:1-8

Maintenance of the Levites. B. C. 1451.

¹ The priests the Levites, and all the tribe of Levi, shall have no part nor inheritance with Israel: they shall eat the offerings of the LORD made by fire, and his inheritance. ² Therefore shall they have no inheritance among their brethren: the LORD is their inheritance, as he hath said unto them. ³ And this shall be the priest's due from the people, from them that offer a sacrifice, whether it be ox or sheep; and they shall give unto the priest the shoulder, and the two cheeks, and the maw. ⁴ The firstfruits also of thy corn, of thy wine, and of thine oil, and the first of the fleece of thy sheep, shalt thou give him. ⁵ For the LORD thy God hath chosen him out of all thy tribes, to stand to minister in the name of the LORD, him and his sons for ever. ⁶ And if a Levite come from any of thy gates out of all Israel, where he sojourned, and come with all the desire of his mind unto the place which the LORD shall choose; ⁷ Then he shall minister in the name of the LORD his God, as all his brethren the Levites do, which stand there before the LORD. ⁸ They shall have like portions to eat, beside that which cometh of the sale of his patrimony.

Magistracy and ministry are two divine institutions of admirable use for the support and advancement of the kingdom of God among men. Laws concerning the former we had in the close of the foregoing chapter, directions are in this given concerning the latter. Land-marks are here set between the estates of the priests and those of the people.

I. Care is taken that the priests entangle not themselves with the affairs of this life, nor enrich themselves with the wealth of this world; they have better things to mind. They shall have no part nor inheritance with Israel, that is, no share either in the spoils taken in war or in the land that was to be divided by lot, v. 1. Their warfare and husbandry are both spiritual, and enough to fill their hands both with work and profit and to content them. The Lord is their inheritance, v. 2. Note, Those that have God for their inheritance, according to the new covenant, should not be greedy of great things in the world, neither gripe what they have nor grasp at more, but look upon all present things with the indifference which becomes those that believe God to be all-sufficient.

II. Care is likewise taken that they want not any of the comforts and conveniences of this life. Though God, who is a Spirit, is their inheritance, it does not therefore follow that they must live upon the air; no,

1. The people must provide for them. They must have their due from the people, v. 3. Their maintenance must not depend upon the generosity of the people, but they must be by law entitled to it. He that is taught in the word ought in justice to communicate to him that teaches him; and he that has the benefit of solemn religious assemblies ought to contribute to the comfortable support of those that preside in such assemblies. (1.) The priests who in their courses served at the altar had their share of the sacrifices, namely, the peace-offerings, that were brought while they were in waiting: besides the breast and shoulder, which were appointed them before (Lev. 7:32 -34), the cheeks and maw are here ordered to be given them; so far was the law from diminishing what was already granted that it gave them an augmentation (2.) The first-fruits which arose within such a precinct were brought in, as it should seem, to the priests that resided among them, for their maintenance in the country; the first of their corn and wine for food, and the first of their fleece for clothing (v. 4); for the priests who were employed to teach others ought themselves to learn, having food and raiment, to be therewith content. The first-fruits were devoted to God, and he constituted the priests his receivers; and if God reckons what is, in general, given to the poor, lent to him, to be repaid with interest, much more what is, in particular, given to the poor, lent to him, to be repaid with interest, much more what is, in particular, given to poor ministers. There is a good reason given for this constant charge upon their estates (v. 5), because the Levites were chosen of God, and his choice must be owned and countenanced, and those honoured by us whom he honours; and because they stood to minister, and ought to be recompensed for their attendance and labour, especially since it was in the name of the Lord, by his warrant, in his service, and for his praise, and this charge entailed upon their seed for ever; those who were thus engaged and thus employed ought to have all due encouragement given them, as some of the most needful useful members of their commonwealth.

2. The priests must not themselves stand in one another's light. If a priest that by the law was obliged to serve at the altar only in his turn, and was paid for that, should, out of his great affection to the sanctuary, devote himself to a constant attendance there, and quit the ease and pleasure of the city in which he had his lot for the satisfaction of serving the altar, the priests whose turn it was to attend must admit him both to join in the work and to share in the wages, and not grudge him either the honour of the one or the profit of the other, though it might seem to break in upon them, v. 6 -8. Note, A hearty pious zeal to serve God and his church, though it may a little encroach upon a settled order, and there may be somewhat in it that looks irregular, yet ought to be gratified and not discouraged. He that appears to have a hearty affection to the sanctuary, and loves dearly to be employed in the service of it, in God's name let him minister; he shall be as welcome to God as the Levites whose course it was to minister, and should be so to them. The settling of the courses was intended rather to secure those to the work that were not willing to do so much than to exclude any that were willing to do more. And he that thus serves as a volunteer shall have as good pay as the pressed men, besides that which comes of the sale of his patrimony. The church of Rome obliges those who leave their estates to go into a monastery to bring the produce of their estates with them into the common stock of the monastery, for gain is their godliness; but here it is ordered that the pious devotee should reserve to himself the produce of his patrimony, for religion and the ministry were never appointed of God, however they have been abused by men, to serve a secular interest.

Deuteronomy 18:9-14

Idolatrous Customs of the Canaanites. B. C. 1451.

⁹ When thou art come into the land which the LORD thy God giveth thee, thou shalt not learn to do after the abominations of those nations. ¹⁰ There shall not be found among you any one that maketh his son or his daughter to pass through the fire, or that useth divination, or an observer of times, or an enchanter, or a witch, ¹¹ Or a charmer, or a consulter with familiar spirits, or a wizard, or a necromancer. ¹² For all that do these things are an abomination unto the LORD: and because of these abominations the LORD thy God doth drive them out from before thee. ¹³ Thou shalt be perfect with the LORD thy God. ¹⁴ For these nations, which thou shalt possess, hearkened unto observers of times, and unto diviners: but as for thee, the LORD thy God hath not suffered thee so to do.

One would not think there had been so much need as it seems there was to arm the people of Israel against the infection of the idolatrous customs of the Canaanites. Was it possible that a people so blessed with divine institutions should ever admit the brutish and barbarous inventions of men and devils? Were they in any danger of making those their tutors and directors in religion whom God had made their captives and tributaries? It seems they were in danger, and therefore, after many similar cautions, they are here charged not to do after the abominations of those nations, v. 9.

I. Some particulars are specified; as,

1. The consecrating of their children to Moloch, an idol that represented the sun, by making them to pass through the fire, and sometimes consuming them as sacrifices in the fire, v. 10. See the law against this before, Lev. 18:21.

2. Using arts of divination, to get the unnecessary knowledge of things to come, enchantments, witchcrafts, charms, etc., by which the power and knowledge peculiar to God were attributed to the devil, to the great reproach both of God's counsels and of his providence, v. 10, 11. One would wonder that such arts and works of darkness, so senseless and absurd, so impious and profane, could be found in a country where divine revelation shone so clearly; yet we find remains of them even where Christ's holy religion is known and professed; such are the powers and policies of the rulers of the darkness of this world. But let those give heed to fortune-tellers, or go to wizards for the discovery of things secret, that use spells for the cure of diseases, are in any league or acquaintance with familiar spirits, or form a confederacy with those that are – let them know that they can have no fellowship with God while thus they have fellowship with devils. It is amazing to think that there should by any pretenders of this kind in such a land and day of light as we live in.

II. Some reasons are given against their conformity to the customs of the Gentiles.

1. Because it would make them abominable to God. The things themselves being hateful to him, those that do them are an abomination; and miserable is that creature that has become odious to its Creator, v. 12. See the malignity and mischievousness of sin; that must needs be an evil thing indeed which provokes the God of mercy to detest the work of his own hands.

2. Because these abominable practices had been the ruin of the Canaanites, of which ruin they were not only the witnesses but the instruments. It would be the most inexcusable folly, as well as the most unpardonable impiety, for them to practise themselves those very things for which they had been employed so severely to chastise others. Did the land spue out the abominations of the Canaanites, and shall Israel lick up the vomit?

3. Because they were better taught, v. 13, 14. It is an argument like that of the apostle against Christians walking as the Gentiles walked (Eph. 4:17, 18, 20): You have not so learned Christ. "It is true these nations, whom God gave up to their own hearts' lusts, and suffered to walk in their own ways (Acts 14:16), did thus corrupt themselves; but thou art not thus abandoned by the grace of God: the Lord thy God had not suffered thee to do so; thou art instructed in divine things, and hast fair warning given thee of the evil of those practices; and therefore, whatever others do, it is expected that thou shouldest be perfect with the Lord thy God," that is, "that thou shouldest give divine honours to him, to him only, and to no other, and not mix any of the superstitious customs of the heathen with his institutions." One of the Chaldee paraphrasts here takes notice of God's furnishing them with the oracle of urim and thummim, as a preservative from all unlawful arts of divination. Those were fools indeed who would go to consult the father of lies when they had such a ready way of consulting the God of truth.

Deuteronomy 18:15-22

The Great Prophet; False Prophets. B. C. 1451.

¹⁵ The LORD thy God will raise up unto thee a Prophet from the midst of thee, of thy brethren, like unto me; unto him ye shall hearken; ¹⁶ According to all that thou desiredst of the LORD thy God in Horeb in the day of the assembly, saying, Let me not hear again the voice of the LORD my God, neither let me see this great fire any more, that I die not. ¹⁷ And the LORD said unto me, They have well spoken that which they have spoken. ¹⁸ I will raise them up a Prophet from among their brethren, like unto thee, and will put my words in his mouth; and he shall speak unto them all that I shall command him. ¹⁹ And it shall come to pass, that whosoever will not hearken unto my words which he shall speak in my name, I will require it of him. ²⁰ But the prophet, which shall presume to speak a word in my name, which I have not commanded him to speak, or that shall speak in the name of other gods, even that prophet shall die. ²¹ And if thou say in thine heart, How shall we know the word which the LORD hath not spoken? ²² When a prophet speaketh in the name of the LORD, if the thing follow not, nor come to pass, that is the thing which the LORD hath not spoken, but the prophet hath spoken it presumptuously: thou shalt not be afraid of him.

Here is,

I. The promise of the great prophet, with a command to receive him, and hearken to him. Now,

1. Some think it is the promise of a succession of prophets, that should for many ages be kept up in Israel. Besides the priests and Levites, their ordinary ministers, whose office it was to teach Jacob God's law, they should have prophets, extraordinary ministers, to reprove them for their faults, remind them of their duty, and foretell things to come, judgments for warning and deliverances for their comfort. Having these prophets, (1.) They need not use divinations, nor consult with familiar spirits, for they might enquire of God's prophets even concerning their private affairs, as Saul did when he was in quest of his father's asses, 1 Sam. 9:6. (2.) They could not miss the way of their duty through ignorance or mistake, nor differ in their opinions about it, having prophets among them, whom, in every difficult doubtful case, they might advise with and appeal to. These prophets were like unto Moses in some respects, though far inferior to him, Deut. 34:10.

2. Whether a succession of prophets be included in this promise or not, we are sure that it is primarily intended as a promise of Christ, and it is the clearest promise of him that is in all the law of Moses. It is expressly applied to our Lord Jesus as the Messiah promised (Acts 3:22; 7:37), and the people had an eye to this promise when they said concerning him, This is of a truth that prophet that should come into the world (John 6:14); and it was his Spirit that spoke in all the other prophets, 1 Pet. 1:11. Observe,

(1.) What it is that is here promised concerning Christ. What God promised Moses at Mount Sinai (which he relates, v. 18), he promised the people (v. 15) in God's name. [1.] That there should come a prophet, great above all the prophets, by whom God would make known himself and his will to the children of men more fully and clearly than ever he had done before. He is the light of the world, as prophecy was of the Jewish church, John 8:12. He is the Word, by whom God speaks to us, John 1:1; Heb. 1:2. [2.] That God would raise him up from the midst of them. In his birth he should be one of that nation, should live among them and be sent to them. In his resurrection he should be raised up at Jerusalem, and thence his doctrine should go forth to all the world: thus God, having raised up his Son Christ Jesus, sent him to bless us. [3.] That he should be like unto Moses, only as much above him as the other prophets came short of him. Moses was such a prophet as was a law-giver to Israel and their deliverer out of Egypt, and so was Christ: he not only teaches, but rules and saves. Moses was the founder of a new dispensation by signs and wonders and mighty deeds, and so was Christ, by which he proved himself a teacher come from God. Was Moses faithful? So was Christ; Moses as a servant, but Christ as a Son. [4.] That God would put his words in his mouth, v. 18. What messages God had to send to the children of men he would send them by him, and give him full instructions what to say and do as a prophet. Hence our Saviour says, My doctrine is not mine originally, but his that sent me, John 7:16. So that this great promise is performed; this Prophet has come, even Jesus; it is he that should come, and we are to look for no other.

(2.) The agreeableness of this designed dispensation to the people's avowed choice and desire at Mount Sinai, v. 16, 17. There God had spoken to them in thunder and lightning, out of the midst of the fire and thick darkness. Every word made their ears tingle and their hearts tremble, so that the whole congregation was ready to die with fear. In this fright, they begged hard that God would not speak to them in this manner any more (they could not bear it, it would overwhelm and distract them), but that he would speak to them by men like themselves, by Moses now, and afterwards by other prophets like unto him. "Well," says God, "it shall be so; they shall be spoken to by men, whose terrors shall not make them afraid;" and, to crown the favour beyond what they were able to ask or think, in the fulness of time the Word itself was made flesh, and they saw his glory as of the only-begotten of the Father, not, as at Mount Sinai, full of majesty and terror, but full of grace and truth, John 1:14. Thus, in answer to the request of those who were struck with amazement by the law, God promised the incarnation of his Son, though we may suppose it far from the thoughts of those that made that request.

(3.) A charge and command given to all people to hear and believe, hear and obey, this great prophet here promised: Unto him you shall hearken (v. 15); and whoever will not hearken to him shall be surely and severely reckoned with for his contempt (v. 19): I will require it of him. God himself applied this to our Lord Jesus in the voice that came out of the excellent glory, Matt. 17:5, Hear you him, that is, this is he concerning whom it was said by Moses of old, Unto him you shall hearken; and Moses and Elias then stood by and assented to it. The sentence here passed on those that hearken not to this prophet is repeated and ratified in the New Testament. He that believeth not the Son, the wrath of God abideth on him, John 3:36. And how shall we escape if we turn away from him that speaketh from heaven? Heb. 12:25. The Chaldee paraphrase here reads it, My Word shall require it of him, which can be no other than a divine person, Christ the eternal Word, to whom the Father has committed all judgement, and by whom he will at the last day judge the world. Whoever turns a deaf ear to Jesus Christ shall find that it is at his peril; the same that is the prophet is to be his judge, John 12:48.

II. Here is a caution against false prophets,

1. By way of threatening against the pretenders themselves, v. 20. Whoever sets up for a prophet, and produces either a commission from the true God, shall be deemed and adjudged guilty of high treason against the crown and dignity of the King of kings, and that traitor shall be put to death (v. 20), namely, by the judgment of the great sanhedrim, which, in process of time, sat at Jerusalem; and therefore our Saviour says that a prophet could not perish but at Jerusalem, and lays the blood of the prophets at Jerusalem's door (Luke 13:33, 34), whom therefore God himself would punish; yet there false prophets were supported.

2. By way of direction to the people, that they might not be imposed upon by pretenders, of which there were many, as appears, Jer. 23:25; Ezek. 13:6; 1 Kings 22:6. It is a very proper question which they are supposed to ask, v. 21. Since it is so great a duty to hearken to the true prophets, and yet there is so much danger of being misled by false prophets, how shall we know the word which the Lord has not spoken? By what marks may we discover a cheat? Note, It highly concerns us to have a right touchstone wherewith to try the word we hear, that we may know what that word is which the Lord has not spoken. Whatever is directly repugnant to sense, to the light and law of nature, and to the plain meaning of the written word, we may be sure is not that which the Lord has spoken; nor that which gives countenance and encouragement to sin, or has a manifest tendency to the destruction of piety or charity: far be it from God that he should contradict himself. The rule here given in answer to this enquiry was adapted chiefly to that state, v. 22. If there was any cause to suspect the sincerity of a prophet, let them observe that if he gave them any sign, or foretold something to come, and the event was not according to his prediction, they might be sure he was not sent of God. This does not refer so much to the foretelling of mercies and judgments (though as to these, and the difference between the predictions of mercies and judgments, there is a rule of discerning between truth and falsehood laid down by the prophet, Jer. 28:8, 9), but rather to the giving of signs on purpose to confirm their mission. Though the sign did come to pass, yet this would not serve to prove their mission if they called them to serve other gods; this point had been already settled, Deut. 13:1 -3. But, if the sign did not come to pass, this would serve to disprove their mission. "When Moses cast his rod upon the ground (it is bishop Patrick's explanation of this), and said it would become a serpent, if it had not accordingly been turned into a serpent, Moses had been a false prophet: if, when Elijah called for fire from heaven to consume the sacrifice, none had come, he had been no better than the prophets of Baal." Samuel's mission was proved by this, that God let none of his words fall to the ground, 1 Sam. 3:19, 20. And by the miracles Christ wrought, especially by that great sign he gave of his resurrection the third day, which came to pass as he foretold, it appeared that he was a teacher come from God. Lastly, They are directed not to be afraid of a false prophet; that is, not to be afraid of the judgments such a one might denounce to amuse people and strike terror upon them; nor to be afraid of executing the law upon him when, upon a strict and impartial scrutiny, it appeared that he was a false prophet. This command not to fear a false prophet implies that a true prophet, who proved his commission by clear and undeniable proofs, was to be feared, and it was at their peril if they offered him any violence or put any slight upon him.

Deuteronomy 19

The laws which Moses had hitherto been repeating and urging mostly concerned the acts of religion and devotion towards God; but here he comes more fully to press the duties of righteousness between man and man. This chapter relates,

I. To the sixth commandment, "Thou shalt not kill," ver. 1 -13.

II. To the eighth commandment, "Thou shalt not steal," ver. 14.

III. To the ninth commandment, "Thou shalt not bear false witness," ver. 15, etc.

Deuteronomy 19:1-13

The Cities of Refuge. B. C. 1451.

¹ When the LORD thy God hath cut off the nations, whose land the LORD thy God giveth thee, and thou succeedest them, and dwellest in their cities, and in their houses; ² Thou shalt separate three cities for thee in the midst of thy land, which the LORD thy God giveth thee to possess it. ³ Thou shalt prepare thee a way, and divide the coasts of thy land, which the LORD thy God giveth thee to inherit, into three parts, that every slayer may flee thither. ⁴ And this is the case of the slayer, which shall flee thither, that he may live: Whoso killeth his neighbour ignorantly, whom he hated not in time past; ⁵ As when a man goeth into the wood with his neighbour to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the helve, and lighteth upon his neighbour, that he die; he shall flee unto one of those cities, and live: ⁶ Lest the avenger of the blood pursue the slayer, while his heart is hot, and overtake him, because the way is long, and slay him; whereas he was not worthy of death, inasmuch as he hated him not in time past. ⁷ Wherefore I command thee, saying, Thou shalt separate three cities for thee. ⁸ And if the LORD thy God enlarge thy coast, as he hath sworn unto thy fathers, and give thee all the land which he promised to give unto thy fathers; ⁹ If thou shalt keep all these commandments to do them, which I command thee this day, to love the LORD thy God, and to walk ever in his ways; then shalt thou add three cities more for thee, beside these three: ¹⁰ That innocent blood be not shed in thy land, which the LORD thy God giveth thee for an inheritance, and so blood be upon thee. ¹¹ But if any man hate his neighbour, and lie in wait for him, and rise up against him, and smite him mortally that he die, and fleeth into one of these cities: ¹² Then the elders of his city shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die. ¹³ Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee.

It was one of the precepts given to the sons of Noah that whoso sheddeth man's blood by man shall his blood be shed, that is, by the avenger of blood, Gen. 9:6. Now here we have the law settled between blood and blood, between the blood of the murdered and the blood of the murderer, and effectual provision made,

I. That the cities of refuge should be a protection to him that slew another casually, so that he should not die for that as a crime which was not his voluntary act, but only his unhappiness. The appointment of these cities of refuge we had before (Exod. 21:13), and the law laid down concerning them at large, Num. 35:10, etc. It is here repeated, and direction is given concerning three things: –

1. The appointing of three cities in Canaan for this purpose. Moses had already appointed three on that side Jordan which he saw the conquest of; and now he bids them, when they should be settled in the other part of the country, to appoint three more, v. 1 -3, 7. The country was to be divided into three districts, as near by as might be equal, and a city of refuge in the centre of each so that every corner of the land might have one within reach. Thus Christ is not a refuge at a distance, which we must ascend to heaven or go down to the deep for, but the word is nigh us, and Christ in the word, Rom. 10:8. The gospel brings salvation to our door, and there it knocks for admission. To make the flight of the delinquent the more easy, the way must be prepared that led to the city of refuge. Probably they had causeways or street-ways leading to those cities, and the Jews say that the magistrates of Israel, upon one certain day in the year, sent out messengers to see that those roads were in good repair, and they were to remove stumbling-blocks, mend bridges that were broken, and, where two ways met, they were to set up a Mercurial post, with a finger to point the right way, on which was engraven in great letters, Miklat, Miklat – Refuge, Refuge. In allusion to this, gospel ministers are to show people the way to Christ, and to assist and direct them in flying by faith to him for refuge. They must be ready to remove their prejudices, and help them over their difficulties. And, blessed be God, the way of holiness, to all that seek it faithfully, is a highway so plain that the wayfaring men, though fools, shall not err therein.

2. The use to be made of these cities, v. 4 -6. (1.) It is supposed that it might so happen that a man might be the death of his neighbour without any design upon him either from a sudden passion or malice prepense, but purely by accident, as by the flying off of an axe-head, which is the instance here given, with which every case of this kind was to be compared, and by it adjudged. See how human life lies exposed daily, and what deaths we are often in, and what need therefore we have to be always ready, our souls being continually in our hands. How are the sons of men snared in an evil time, when it falls suddenly upon them! Eccl. 9:12. An evil time indeed it is when this happens not only to the slain but to the slayer. (2.) It is supposed that the relations of the person slain would be forward to avenge the blood, in affection to their friend and in zeal for public justice. Though the law did not allow the avenging of any other affront or injury with death, yet the avenger of blood, the blood of a relation, shall have great allowances made for the heat of his heart upon such a provocation as that, and his killing only, should not be accounted murder if he did it before he got to the city of refuge, though it is owned he was not worthy of death. Thus would God possess people with a great horror and dread of the sin of murder: if mere chance-medley did thus expose a man, surely he that wilfully does violence to the blood of any person, whether from an old grudge or upon a sudden provocation, must flee to the pit, and let no man stay him (Prov. 28:17); yet the New Testament represents the sin of murder as more heinous and more dangerous than even this law does. 1 John 3:15, You know that no murderer has eternal life abiding in him. (3.) It is provided that, if an avenger of blood should be so unreasonable as to demand satisfaction for blood shed by accident only, then the city of refuge should protect the slayer. Sins of ignorance indeed do expose us to the wrath of God, but there is relief provided, if by faith and repentance we make use of it. Paul that had been a persecutor obtained mercy, because he did it ignorantly; and Christ prayed for his crucifiers, Father, forgive them, for they know not what they do.

3. The appointing of three cities more for this use in case God should hereafter enlarge their territories and the dominion of their religion, that all those places which came under the government of the law of Moses in other instances might enjoy the benefit of that law in this instance, v. 8 -10. Here is, (1.) An intimation of God's gracious intention to enlarge their coast, as he had promised to their fathers, if they did not by their disobedience forfeit the promise, the condition of which is here carefully repeated, that, if it were not performed, the reproach might lie upon them, and not on God. He promised to give it, if thou shalt keep all these commandments; not otherwise. (2.) A direction to them to appoint three cities more in their new conquests, which, the number intimates, should be as large as their first conquests were; wherever the border of Israel went this privilege must attend it, that innocent blood be not shed, v. 10. Though God is the saviour and preserver of all men, and has a tender regard to all lives, yet the blood of Israelites is in a particular manner precious to him, Ps. 72:14. The learned Ainsworth observes that the Jewish writers themselves own that, the condition not being performed, the promise of the enlarging of their coast was never fulfilled; so that there was no occasion for ever adding these three cities of refuge; yet the holy blessed God (say they) did not command it in vain, for in the days of Messiah the prince three other cities shall be added to these six: they expect it to be fulfilled in the letter, but we know that in Christ it has its spiritual accomplishment, for the borders of the gospel Israel are enlarged according to the promise, and in Christ, the Lord our righteousness, refuge is provided for those that by faith flee to him.

II. It is provided that the cities of refuge should be no sanctuary or shelter to a wilful murderer, but even thence he should be fetched, and delivered to the avenger of blood, v. 11 -13.

1. This shows that wilful murder must never be protected by the civil magistrate; he bears the sword of justice in vain if he suffers those to escape the edge of it that lie under the guilt of blood, which he by office is the avenger of. During the dominion of the papacy in our own land, before the Reformation, there were some churches and religious houses (as they called them) that were made sanctuaries for the protection of all sorts of criminals that fled to them, wilful murderers not excepted, so that (as Stamford says, in his Pleas of the Crown, lib. II. c. xxxviii.) the government follows not Moses but Romulus, and it was not till about the latter end of Henry VIII's time that this privilege of sanctuary for wilful murder was taken away, when in that, as in other cases, the word of God came to be regarded more than the dictates of the see of Rome. And some have thought it would be a completing of that instance of reformation if the benefit of clergy were taken away for man-slaughter, that is, the killing of a man upon a small provocation, since this law allowed refuge only in case of that which our law calls chance-medley.

2. It may be alluded to to show that in Jesus Christ there is no refuge for presumptuous sinners, that go on still in their trespasses. If we thus sin wilfully, sin and go on in it, there remains no sacrifice, Heb. 10:26. Those that flee to Christ from their sins shall be safe in him, but not those that expect to be sheltered by him in their sins. Salvation itself cannot save such: divine justice will fetch them even from the city of refuge, the protection of which they are not entitled to.

Deuteronomy 19:14-21

False Witnesses. B. C. 1451.

¹⁴ Thou shalt not remove thy neighbour's landmark, which they of old time have set in thine inheritance, which thou shalt inherit in the land that the LORD thy God giveth thee to possess it. ¹⁵ One witness shall not rise up against a man for any iniquity, or for any sin, in any sin that he sinneth: at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established. ¹⁶ If a false witness rise up against any man to testify against him that which is wrong; ¹⁷ Then both the men, between whom the controversy is, shall stand before the LORD, before the priests and the judges, which shall be in those days; ¹⁸ And the judges shall make diligent inquisition: and, behold, if the witness be a false witness, and hath testified falsely against his brother; ¹⁹ Then shall ye do unto him, as he had thought to have done unto his brother: so shalt thou put the evil away from among you. ²⁰ And those which remain shall hear, and fear, and shall henceforth commit no more any such evil among you. ²¹ And thine eye shall not pity; but life shall go for life, eye for eye, tooth for tooth, hand for hand, foot for foot.

Here is a statute for the preventing of frauds and perjuries; for the divine law takes care of men's rights and properties, and has made a hedge about them. Such a friend is it to human society and men's civil interest.

I. A law against frauds, v. 14.

1. Here is an implicit direction given to the first planters of Canaan to fix land-marks, according to the distribution of the land to the several tribes and families by lot. Note, It is the will of God that every one should know his own, and that all good means should be used to prevent encroachments and the doing and suffering of wrong. When right is settled, care must be taken that it be not afterwards unsettled, and that, if possible, no occasion of dispute may arise.

2. An express law to posterity not to remove those land-marks which were thus fixed at first, by which a man secretly got that to himself which was his neighbour's. This, without doubt, is a moral precept, and still binding, and to us it forbids, (1.) The invading of any man's right, and taking to ourselves that which is not our own, by any fraudulent arts or practices, as by forging, concealing, destroying, or altering deeds and writings (which are our land-marks, to which appeals are made), or by shifting hedges, meer-stones, and boundaries. Though the land-marks were set by the hand of man, yet he was a thief and a robber by the law of God that removed them. Let every man be content with his own lot, and just to his neighbours, and then we shall have no land-marks removed. (2.) It forbids the sowing of discord among neighbours, and doing any thing to occasion strife and law-suits, which is done (and it is very ill done) by confounding those things which should determine disputes and decide controversies. And, (3.) It forbids breaking in upon the settled order and constitution of civil government, and the altering of ancient usages without just cause. This law supports the honour of prescriptions. Consuetudo facit jus – Custom is to be held as law.

II. A law against perjuries, which enacts two things: –

1. That a single witness should never be admitted to give evidence in a criminal cause, so as that sentence should be passed upon his testimony, v. 15. This law we had before, Num. 35:30, and in this book, ch. 17:6. This was enacted in favour to the prisoner, whose life and honour should not lie at the mercy of a particular person that had a pique against him, and for caution to the accuser not to say that which he could not corroborate by the testimony of another. It is a just shame which this law puts upon mankind as false and not to be trusted; every man is by it suspected: and it is the honour of God's grace that the record he has given concerning his Son is confirmed both in heaven and in earth by three witnesses, 1 John 5:7. Let God be true and every man a liar, Rom. 3:4.

2. That a false witness should incur the same punishment which was to have been inflicted upon the person he accused. If two, or three, or many witnesses, concurred in a false testimony, they were all liable to be prosecuted upon this law. (2.) The person wronged or brought into peril by the false testimony is supposed to be the appellant, v. 17. And yet if the person were put to death upon the evidence, and afterwards it appeared to be false, any other person, or the judges themselves, ex officio – by virtue of their office, might call the false witness to account. (3.) Causes of this kind, having more than ordinary difficulty in them, were to be brought before the supreme court, The priests and judges, who are said to be before the Lord, because, as other judges sat in the gates of their cities, so these at the gate of the sanctuary, ch. 17:12. (4.) There must be great care in the trial, v. 18. A diligent inquisition must be made into the characters of the persons, and all the circumstances of the case, which must be compared, that the truth might be found out, which, where it is thus faithfully and impartially enquired into, Providence, it may be hoped, will particularly advance the discovery of. (5.) If it appeared that a man had knowingly and maliciously borne false witness against his neighbour, though the mischief he designed him thereby was not effected, he must undergo the same penalty which his evidence would have brought his neighbour under, v. 19. Nec lex est justior ulla – Nor could any law be more just. If the crime he accused his neighbour of was to be punished with death, the false witness must be put to death; if with stripes, he must be beaten; if with a pecuniary mulct, he was to be fined the sum. And because to those who considered not the heinousness of the crime, and the necessity of making this provision against it, it might seem hard to punish a man so severely for a few words' speaking, especially when no mischief did actually follow, it is added: Thy eye shall not pity, v. 21. No man needs to be more merciful than God. The benefit that will accrue to the public from this severity will abundantly recompense it: Those that remain shall hear and fear, v. 20. Such exemplary punishments will be warnings to others not to attempt any such mischief, when they see how he that made the pit and digged it has fallen into the ditch which he made.

Deuteronomy 20

This chapter settles the militia, and establishes the laws and ordinances of war,

I. Relating to the soldiers.

1. Those must be encouraged that were drawn up to battle, ver. 1 -4.

2. Those must be dismissed and sent back again whose private affairs called for their attendance at home (ver. 5 -7), or whose weakness and timidity unfitted them for service in the field, ver. 8, 9.

II. Relating to the enemies they made war with.

1. The treaties they must make with the cities that were far off, ver. 10 -15.

2. The destruction they must make of the people into whose land they were going, ver. 16 -18.

3. The care they must take, in besieging cities, not to destroy the fruit-trees, ver. 19, 20.

Deuteronomy 20:1-9

Directions Concerning War; Persons Excused from War. B. C. 1451.

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. ² And it shall be, when ye are come nigh unto the battle, that the priest shall approach and speak unto the people, 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; ⁴ For the LORD your God is he that goeth with you, to fight for you against your enemies, to save you. ⁵ And the officers shall speak unto the people, saying, What man is there that hath built a new house, and hath not dedicated it? let him go and return to his house, lest he die in the battle, and another man dedicate it. ⁶ And what man is he that hath planted a vineyard, and hath not yet eaten of it? let him also go and return unto his house, lest he die in the battle, and another man eat of it. ⁷ And what man is there that hath betrothed a wife, and hath not taken her? let him go and return unto his house, lest he die in the battle, and another man take her. ⁸ And the officers shall speak further unto the people, and they shall say, What man is there that is fearful and fainthearted? let him go and return unto his house, lest his brethren's heart faint as well as his heart. ⁹ And it shall be, when the officers have made an end of speaking unto the people, that they shall make captains of the armies to lead the people.

Israel was at this time to be considered rather as a camp than as a kingdom, entering upon an enemy's country, and not yet settled in a country of their own; and, besides the war they were now entering upon in order to their settlement, even after their settlement they could neither protect nor enlarge their coast without hearing the alarms of war. It was therefore needful that they should have directions given them in their military affairs; and in these verses they are directed in managing, marshalling, and drawing up their own forces. And it is observable that the discipline of war here prescribed is so far from having any thing in it harsh or severe, as is usual in martial law, that the intent of the whole is, on the contrary, to encourage the soldiers, and to make their service easy to them.

I. Those that were disposed to fight must be encouraged and animated against their fears.

1. Moses here gives a general encouragement, which the leaders and commanders in the war must take to themselves: "Be not afraid of them, v. 1. Though the enemy have ever so much the advantage by their numbers (being more than thou), and by their cavalry (their armies being much made up of horses and chariots, which thou art not allowed to multiply), yet decline not coming to a battle with them, dread not the issue, nor doubt of success." Two things they must encourage themselves with in their wars, provided they kept close to their God and their religion, otherwise they forfeited these encouragements: – (1.) The presence of God with them: "The Lord thy God is with thee, and therefore thou art not in danger, nor needest thou be afraid." See Isa. 41:10. (2.) The experience they and their fathers had had of God's power and goodness in bringing them out of the land of Egypt, in defiance of Pharaoh and all his hosts, which was not only in general a proof of the divine omnipotence, but to them in particular a pledge of what God would do further for them. He that saved them from those greater enemies would not suffer them to be run down by those that were every way less considerable, and thus to have all he had done for them undone again.

2. This encouragement must be particularly addressed to the common soldiers by a priest appointed, and, the Jews say, anointed, for that purpose, whom they call the anointed of the war, a very proper title for our anointed Redeemer, the captain of our salvation: This priest, in God's name, was to animate the people; and who so fit to do that as he whose office it was as priest to pray for them? For the best encouragements arise from the precious promises made to the prayer of faith. This priest must, (1.) Charge them not to be afraid (v. 3), for nothing weakens the hands so much as that which makes the heart tremble, v. 3. There is need of precept upon precept to this purport, as there is here: Let not your hearts be tender (so the word is), to receive all the impressions of fear, but let a believing confidence in the power and promise of God harden them. Fear not, and do not make haste (so the word is), for he that believeth doth not make more haste than good speed. "Do not make haste either rashly to anticipate your advantages or basely to fly off upon every disadvantage." (2.) He must assure them of the presence of God with them, to own and plead their righteous cause, and not only to save them from their enemies, but to give them victory over them, v. 4. Note, Those have no reason to fear that have God with them. The giving of this encouragement by a priest, one of the Lord's ministers, intimates, [1.] That it is very fit that armies should have chaplains, not only to pray for them, but to preach to them, both to reprove that which would hinder their success and to raise their hopes of it. [2.] That it is the work of Christ's ministers to encourage his good soldiers in their spiritual conflict with the world and the flesh, and to assure them of a conquest, yea, more than a conquest, through Christ that loved us.

II. Those that were indisposed to fight must be discharged, whether the indisposition did arise,

1. From the circumstances of a man's outward condition; as, (1.) If he had lately built or purchased a new house, and had not taken possession of it, had not dedicated it (v. 5), that is, made a solemn festival for the entertainment of his friends, that came to him to welcome him to his house; let him go home and take the comfort of that which God had blessed him with, till, by enjoying it for some time, he become less fond of it, and consequently less disturbed in the war by the thoughts of it, and more willing to lie and leave it. For this is the nature of all our worldly enjoyments, that they please us best at first; after a while we see the vanity of them. Some think that this dedication of their houses was a religious act, and that they took possession of them with prayers and praises, with a solemn devoting of themselves and all their enjoyments to the service and honour of God. David penned the 30th Psalm on such an occasion, as appears by the title. Note, He that has a house of his own should dedicate it to God by setting up and keeping up the fear and worship of God in it, that he may have a church in his house; and nothing should be suffered to divert a man from this. Or, (2.) If a man had been at a great expense to plant a vineyard, and longed to eat of the fruit of it, which for the first three years he was forbidden to do by the law (Lev. 19:23, etc.), let him go home, if he has a mind, and gratify his own humour with the fruits of it, v. 6. See how indulgent God is to his people in innocent things, and how far from being a hard Master. Since we naturally covet to eat the labour of our hands, rather than an Israelite should be crossed therein, his service in war shall be dispensed with., Or, (3.) If a man had made up his mind to be married, and the marriage were not solemnized, he was at liberty to return (v. 7), as also to tarry at home for one year after marriage (ch. 24:5), for the terrors of war would be disagreeable to a man who had just welcomed the soft scene of domestic attachment. And God would not be served in his wars by pressed men, that were forced into the army against their will, but they must all be perfectly volunteers. Ps. 110:3, Thy people shall be willing. In running the Christian race, and fighting the good fight of faith, we must lay aside every weight, and all that which would clog and divert our minds and make us unwilling. The Jewish writers agree that this liberty to return was allowed only in those wars which they made voluntarily (as bishop Patrick expresses it), not those which were made by the divine command against Amalek and the Canaanites, in which every man was bound to fight.

2. If a man's indisposition to fight arose from the weakness and timidity of his own spirit, he had leave to return from the war, v. 8. This proclamation Gideon made to his army, and it detached above two-thirds of them, Judg. 7:3. Some make the fearfulness and faintheartedness here supposed to arise from the terrors of an evil conscience, which would make a man afraid to look death and danger in the face. It was then thought that men of loose and profligate lives would not be good soldiers, but must needs be both cowards in an army and curses to it, the shame and trouble of the camp; and therefore those who were conscious to themselves of notorious guilt were shaken off. But it seems rather to be meant of a natural fearfulness. It was partly in kindness to them that they had their discharge (for, though shamed, they were eased); but much more in kindness to the rest of the army, who were hereby freed from the incumbrance of such as were useless and unserviceable, while the danger of infection from their cowardice and flight was prevented. This is the reason here given: Lest his brethren's heart fail as well as his heart. Fear is catching, and in an army is of most pernicious consequence. We must take heed that we fear not the fear of those that are afraid, Isa. 8:12.

III. It is here ordered that, when all the cowards were dismissed, then captains should be nominated (v. 9), for it was in a special manner necessary that the leaders and commanders should be men of courage. That reform therefore must be made when the army was first mustered and marshalled. The soldiers of Christ have need of courage, that they may quit themselves like men, and endure hardness like good soldiers, especially the officers of his army.

Deuteronomy 20:10-20

Proclamations of War; Directions Concerning War. B. C. 1451.

¹⁰ When thou comest nigh unto a city to fight against it, then proclaim peace unto it. ¹¹ And it shall be, if it make thee answer of peace, and open unto thee, then it shall be, that all the people that is found therein shall be tributaries unto thee, and they shall serve thee. ¹² And if it will make no peace with thee, but will make war against thee, then thou shalt besiege it: ¹³ And when the LORD thy God hath delivered it into thine hands, thou shalt smite every male thereof with the edge of the sword: ¹⁴ But the women, and the little ones, and the cattle, and all that is in the city, even all the spoil thereof, shalt thou take unto thyself; and thou shalt eat the spoil of thine enemies, which the LORD thy God hath given thee. ¹⁵ Thus shalt thou do unto all the cities which are very far off from thee, which are not of the cities of these nations. ¹⁶ But of the cities of these people, which the LORD thy God doth give thee for an inheritance, thou shalt save alive nothing that breatheth: ¹⁷ But thou shalt utterly destroy them; namely, the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites, and the Jebusites; as the LORD thy God hath commanded thee: ¹⁸ That they teach you not to do after all their abominations, which they have done unto their gods; so should ye sin against the LORD your God. ¹⁹ When thou shalt besiege a city a long time, in making war against it to take it, thou shalt not destroy the trees thereof by forcing an axe against them: for thou mayest eat of them, and thou shalt not cut them down (for the tree of the field is man's life) to employ them in the siege: ²⁰ Only the trees which thou knowest that they be not trees for meat, thou shalt destroy and cut them down; and thou shalt build bulwarks against the city that maketh war with thee, until it be subdued.

They are here directed what method to take in dealing with the cities (these only are mentioned, v. 10, but doubtless the armies in the field, and the nations they had occasion to deal with, are likewise intended) upon which they made war. They must not make a descent upon any of their neighbours till they had first given them fair notice, by a public manifesto, or remonstrance, stating the ground of their quarrel with them. In dealing with the worst of enemies, the laws of justice and honour must be observed; and, as the sword must never be taken in hand without cause, so not without cause shown. War is an appeal, in which the merits of the cause must be set forth.

I. Even to the proclamation of war must be subjoined a tender of peace, if they would accept of it upon reasonable terms. That is (say the Jewish writers), "upon condition that they renounce idolatry, worship the God of Israel, as proselytes of the gate that were not circumcised, pay to their new masters a yearly tribute, and submit to their government:" on these terms the process of war should be stayed, and their conquerors, upon this submission, were to be their protectors, v. 10, 11. Some think that even the seven nations of Canaan were to have this offer of peace made to them; and the offer was no jest or mockery, though it was of the Lord to harden their hearts that they should not accept it, Josh. 11:20. Others think that they are excluded (v. 16) not only from the benefit of that law (v. 13) which confines military execution to the males only, but from the benefit of this also, which allows not to make war till peace was refused. And I see not how they could proclaim peace to those who by the law were to be utterly rooted out, and to whom they were to show no mercy, ch. 7:2. But for any other nation which they made war upon, for the enlarging of their coast, the avenging of any wrong done, or the recovery of any right denied, they must first proclaim peace to the. Let this show,

1. God's grace in dealing with sinners: though he might most justly and easily destroy them, yet, having no pleasure in their ruin, he proclaims peace, and beseeches them to be reconciled; so that those who lie most obnoxious to his justice, and ready to fall as sacrifices to it, if they make him an answer of peace, and open to him, upon condition that they will be tributaries and servants to him, shall not only be saved from ruin, but incorporated with his Israel, as fellow-citizens with the saints.

2. Let it show us our duty in dealing with our brethren: if any quarrel happen, let us not only be ready to hearken to the proposals of peace, but forward to make such proposals. We should never make use of the law till we have first tried to accommodate matters in variance amicably, and without expense and vexation. We must be for peace, whoever are for war.

II. If the offers of peace were not accepted, then they must proceed to push on the war. And let those to whom God offers peace know that if they reject the offer, and take not the benefit of it within the time limited, judgment will rejoice against mercy in the execution as much as now mercy rejoices against judgment in the reprieve. In this case,

1. There is a promise implied that they should be victorious. It is taken for granted that the Lord their God would deliver it into their hands, v. 13. Note, Those enterprises which we undertake by a divine warrant, and prosecute by divine direction, we may expect to succeed in. If we take God's method, we shall have his blessing.

2. They are ordered, in honour to the public justice, to put all the soldiers to the sword, for them I understand by every male (v. 13), all that bore arms (as all then did that were able); but the spoil they are allowed to take to themselves (v. 14), in which were reckoned the women and children. Note, A justifiable property is acquired in that which is won in lawful war. God himself owns the title: The Lord thy God gives it thee; and therefore he must be owned in it, Ps. 44:3.

III. The nations of Canaan are excepted from the merciful provisions made by this law. Remnants might be left of the cities that were very far off (v. 15), because by them they were not in so much danger of being infected with idolatry, nor was their country so directly and immediately intended in the promise; but of the cities which were given to Israel for an inheritance no remnants must be left of their inhabitants (v. 16), for it put a slight upon the promise to admit Canaanites to share with them in the peculiar land of promise; and for another reason they must be utterly destroyed (v. 17), because, since it could not be expected that they should be cured of their idolatry, if they were left with that plague-sore upon them they would be in danger of infecting God's Israel, who were too apt to take the infection: They will teach you to do after their abominations (v. 18), to introduce their customs into the worship of the God of Israel, and by degrees to forsake him and to worship false gods; for those that dare violate the second commandment will not long keep to the first. Strange worships open the door to strange deities.

IV. Care is here taken that in the besieging of cities there should not be any destruction made of fruit-trees, v. 19 -20. In those times, when besiegers forced their way, not as now with bombs and cannon-ball, but with battering rams, they had occasion for much timber in carrying on their sieges: now because, in the heat of war, men are not apt to consider, as they ought, the public good, it is expressly provided that fruit-trees should not be used as timber-trees. That reason, for the tree of the field is man's (the word life we supply), all the ancient versions, the Septuagint, Targums, etc., read, For is the tree of the field a man? Or the tree of the field is not a man, that it should come against thee in the siege, or retire from thee into the bulwark. "Do not brutishly vent thy rage against the trees that can do thee no harm." But our translation seems most agreeable to the intent of the law, and it teaches us,

1. That God is a better friend to man than man is to himself; and God's law, which we are apt to complain of as a heavy yoke, consults our interest and comfort, while our own appetites and passions, of which we are so indulgent, are really enemies to our welfare. The intent of many of the divine precepts is to restrain us from destroying that which is our life and food.

2. That armies and their commanders are not allowed to make what desolation they please in the countries that are the seat of war. Military rage must always be checked and ruled with reason. War, though carried on with ever so much caution, is destructive enough, and should not be made more so than is absolutely necessary. Generous spirits will show themselves tender, not only of men's lives, but of their livelihoods; for, though the life is more than meat, yet it will soon be nothing without meat.

3. The Jews understand this as a prohibition of all wilful waste upon any account whatsoever. No fruit-tree is to be destroyed unless it be barren, and cumber the ground. "Nay," they maintain, "whoso wilfully breaks vessels, tears clothes, stops wells, pulls down buildings, or destroys meat, transgresses this law: Thou shalt not destroy." Christ took care that the broken meat should be gathered up, that nothing might be lost. Every creature of God is good, and, as nothing is to be refused, so nothing is to be abused. We may live to want what we carelessly waste.

Deuteronomy 21

In this chapter provision is made,

I. For the putting away of the guilt of blood from the land, when he that shed it had fled from justice, ver. 1 -9.

II. For the preserving of the honour of a captive maid, ver. 10 -14.

III. For the securing of the right of a first-born son, though he were not a favourite, ver. 15 -17.

IV. For the restraining and punishing of a rebellious son, ver. 18 -21.

V. For the maintaining of the honour of human bodies, which must not be hanged in chains, but decently buried, even the bodies of the worst malefactors, ver. 22, 23.

Deuteronomy 21:1-9

Undetected Murder. B. C. 1451.

¹ If one be found slain in the land which the LORD thy God giveth thee to possess it, lying in the field, and it be not known who hath slain him: ² Then thy elders and thy judges shall come forth, and they shall measure unto the cities which are round about him that is slain: ³ And it shall be, that the city which is next unto the slain man, even the elders of that city shall take a heifer, which hath not been wrought with, and which hath not drawn in the yoke; ⁴ And the elders of that city shall bring down the heifer unto a rough valley, which is neither eared nor sown, and shall strike off the heifer's neck there in the valley: ⁵ And the priests the sons of Levi shall come near; for them the LORD thy God hath chosen to minister unto him, and to bless in the name of the LORD; and by their word shall every controversy and every stroke be tried: ⁶ And all the elders of that city, that are next unto the slain man, shall wash their hands over the heifer that is beheaded in the valley: ⁷ And they shall answer and say, Our hands have not shed this blood, neither have our eyes seen it. ⁸ Be merciful, O LORD, unto thy people Israel, whom thou hast redeemed, and lay not innocent blood unto thy people of Israel's charge. And the blood shall be forgiven them. ⁹ So shalt thou put away the guilt of innocent blood from among you, when thou shalt do that which is right in the sight of the LORD.

Care had been taken by some preceding laws for the vigorous and effectual persecution of a wilful murderer (ch. 19:11, etc.), the putting of whom to death was the putting away of the guilt of blood from the land; but if this could not be done, the murderer not being discovered, they must not think that the land was in no danger of contracting any pollution because it was not through any neglect of theirs that the murderer was unpunished; no, a great solemnity is here provided for the putting away of the guilt, as an expression of their dread and detestation of that sin.

I. The case supposed is that one is found slain, and it is not known who slew him, v. 1. The providence of God has sometimes wonderfully brought to light these hidden works of darkness, and by strange occurrences the sin of the guilty has found them out, insomuch that it has become a proverb, Murder will out. But it is not always so; now and then the devil's promises of secresy and impunity in this world are made good; yet it is but for a while: there is a time coming when secret murders will be discovered; the earth shall disclose her blood (Isa. 26:21), upon the inquisition which justice makes for it; and there is an eternity coming when those that escaped punishment from men will lie under the righteous judgment of God. And the impunity with which so many murders and other wickednesses are committed in this world makes it necessary that there should be a day of judgment, to require that which is past, Eccl. 3:15.

II. Directions are given concerning what is to be done in this case. Observe,

1. It is taken for granted that a diligent search had been made for the murderer, witnesses examined, and circumstances strictly enquired into, that if possible they might find out the guilty person; but if, after all, they could not trace it out, not fasten the charge upon any, then, (1.) The elders of the next city (that had a court of three and twenty in it) were to concern themselves about this matter. If it were doubtful which city was next, the great sanhedrim were to send commissioners to determine that matter by an exact measure, v. 2, 3. Note, Public persons must be solicitous about the public good; and those that are in power and reputation in cities must lay out themselves to redress grievances, and reform what is amiss in the country and neighbourhood that lie about them. Those that are next to them should have the largest share of their good influence, as ministers of God for good. (2.) The priests and Levites must assist and preside in this solemnity (v. 5), that they might direct the management of it in all points according to the law, and particularly might be the people's mouth to God in the prayer that was to be put up on this sad occasion, v. 8. God being Israel's King, his ministers must be their magistrates, and by their word, as the mouth of the court and learned in the laws, every controversy must be tried. It was Israel's privilege that they had such guides, overseers, and rulers, and their duty to make use of them upon all occasions, especially in sacred things, as this was. (3.) They were to bring a heifer down into a rough and unoccupied valley, and to kill it there, v. 3, 4. This was not a sacrifice (for it was not brought to the altar), but a solemn protestation that thus they would put the murderer to death if they had him in their hands. The heifer must be one that had not drawn in the yoke, to signify (say some) that the murderer was a son of Belial; it must be brought into a rough valley, to signify the horror of the fact, and that the defilement which blood brings upon a land turns it into barrenness. And the Jews say that unless, after this, the murderer was found out, this valley where the heifer was killed was never to be tilled nor sown. (4.) The elders were to wash their hands in water over the heifer that was killed, and to profess, not only that they had not shed this innocent blood themselves, but that they knew not who had (v. 6, 7), nor had knowingly concealed the murderer, helped him to make his escape, or been any way aiding or abetting. To this custom David alludes, Ps. 26:6, I will wash my hands in innocency; but if Pilate had any eye to it (Matt. 27:24) he wretchedly misapplied it when he condemned Christ, knowing him to be innocent, and yet acquitted himself from the guilt of innocent blood. Protestatio non valet contra factum – Protestations are of no avail when contradicted by fact. (5.) The priests were to pray to God for the country and nation, that God would be merciful to them, and not bring upon them the judgments which the connivance at the sin of murder would deserve. It might be presumed that the murderer was either one of their city or was now harboured in their city; and therefore they must pray that they might not fare the worse for his being among them, Num. 16:22. Be merciful, O Lord, to thy people Israel, v. 8. Note, When we hear of the wickedness of the wicked we have need to cry earnestly to God for mercy for our land, which groans and trembles under it. We must empty the measure by our prayers which others are filling by their sins. Now,

2. This solemnity was appointed, (1.) That it might give occasion to common and public discourse concerning the murder, which perhaps might some way or other occasion the discovery of it. (2.) That it might possess people with a dread of the guilt of blood, which defiles not only the conscience of him that sheds it (this should engage us all to pray with David, Deliver me from blood – guiltiness), but the land in which it is shed; it cries to the magistrate for justice on the criminal, and, if that cry be not heard, it cries to heaven for judgment on the land. If there must be so much care employed to save the land from guilt when the murderer was not known, it was certainly impossible to secure it from guilt if the murderer was known and yet protected. All would be taught, by this solemnity, to use their utmost care and diligence to prevent, discover, and punish murder. Even the heathen mariners dreaded the guilt of blood, Jon. 1:14. (3.) That we might all learn to take heed of partaking in other men's sins, and making ourselves accessory to them ex post facto – after the fact, by countenancing the sin or sinner, and not witnessing against it in our places. We have fellowship with the unfruitful works of darkness if we do not reprove them rather, and bear our testimony against them. The repentance of the church of Corinth for the sin of one of their members produced such a carefulness, such a clearing of themselves, such a holy indignation, fear, and revenge (2 Cor. 7:11), as were signified by the solemnity here appointed.

Deuteronomy 21:10-14

The Case of Captive Women. B. C. 1451.

¹⁰ When thou goest forth to war against thine enemies, and the LORD thy God hath delivered them into thine hands, and thou hast taken them captive, ¹¹ And seest among the captives a beautiful woman, and hast a desire unto her, that thou wouldest have her to thy wife; ¹² Then thou shalt bring her home to thine house; and she shall shave her head, and pare her nails; ¹³ And she shall put the raiment of her captivity from off her, and shall remain in thine house, and bewail her father and her mother a full month: and after that thou shalt go in unto her, and be her husband, and she shall be thy wife. ¹⁴ And it shall be, if thou have no delight in her, then thou shalt let her go whither she will; but thou shalt not sell her at all for money, thou shalt not make merchandise of her, because thou hast humbled her.

By this law a soldier is allowed to marry his captive if he pleased. For the hardness of their hearts Moses gave them this permission, lest, if they had not had liberty given them to marry such, they should have taken liberty to defile themselves with them, and by such wickedness the camp would have been troubled. The man is supposed to have a wife already, and to take this wife for a secondary wife, as the Jews called them. This indulgence of men's inordinate desires, in which their hearts walked after their eyes, is by no means agreeable to the law of Christ, which therefore in this respect, among others, far exceeds in glory the law of Moses. The gospel permits not him that has one wife to take another, for from the beginning it was not so. The gospel forbids looking upon a woman, though a beautiful one, to lust after her, and commands the mortifying and denying of all irregular desires, though it be as uneasy as the cutting off of a right hand; so much does our holy religion, more than that of the Jews, advance the honour and support the dominion of the soul over the body, the spirit over the flesh, consonant to the glorious discovery it makes of life and immortality, and the better hope.

But, though military men were allowed this liberty, yet care is here taken that they should not abuse it, that is,

I. That they should not abuse themselves by doing it too hastily, though the captive was ever so desirable: "If thou wouldest have her to thy wife (v. 10, 11), it is true thou needest not ask her parents' consent, for she is thy captive, and is at thy disposal. But,

1. Thou shalt have no familiar intercourse till thou hast married her." This allowance was designed to gratify, not a filthy brutish lust, in the heat and fury of its rebellion against reason and virtue, but an honourable and generous affection to a comely and amiable person, though in distress; therefore he may make her his wife if he will, but he must not deal with her as with a harlot.

2. "Thou shalt not marry her of a sudden, but keep her a full month in thy house," v. 12, 13. This he must do either, (1.) That he may try to take his affection off from her; for he must know that, though in marrying her he does not do ill (so the law then stood), yet in letting her alone he does much better. Let her therefore shave her head, that he might not be enamoured with her locks, and let her nails grow (so the margin reads it), to spoil the beauty of her hand. Quisquid amas cupias non placuisse nimis – We should moderate our affection for those things which we are tempted to love inordinately. Or rather, (2.) This was done in token of her renouncing idolatry, and becoming a proselyte to the Jewish religion. The shaving of her head, the paring of her nails, and the changing of her apparel, signified her putting off her former conversation, which was corrupt in her ignorance, that she might become a new creature. She must remain in his house to be taught the good knowledge of the Lord and the worship of him: and the Jews say that if she refused, and continued obstinate in idolatry, he must not marry her. Note, The professors of religion must not be unequally yoked with unbelievers, 2 Cor. 6:14.

II. That they should not abuse the poor captive.

1. She must have time to bewail her father and mother, from whom she was separated, and without whose consent and blessing she is now likely to be married, and perhaps to a common soldier of Israel, though in her country ever so nobly born and bred. To force a marriage till these sorrows were digested, and in some measure got over, and she was better reconciled to the land of her captivity by being better acquainted with it, would be very unkind. She must not bewail her idols, but be glad to part with them; to her near and dear relations only her affection must be thus indulged.

2. If, upon second thoughts, he that had brought her to his house with a purpose to marry her changed his mind and would not marry her, he might not make merchandise of her, as of his other prisoners, but must give her liberty to return, if she pleased, to her own country, because he had humbled her and afflicted her, by raising expectations and then disappointing them (v. 14); having made a fool of her, he might not make a prey of her. This intimates how binding the laws of justice and honour are, particularly in the pretensions of love, the courting of affections, and the promises of marriage, which are to be looked upon as solemn things, that have something sacred in them, and therefore are not to be jested with.

Deuteronomy 21:15-17

The Right of the Firstborn. B. C. 1451.

¹⁵ If a man have two wives, one beloved, and another hated, and they have born him children, both the beloved and the hated; and if the firstborn son be hers that was hated: ¹⁶ Then it shall be, when he maketh his sons to inherit that which he hath, that he may not make the son of the beloved firstborn before the son of the hated, which is indeed the firstborn: ¹⁷ But he shall acknowledge the son of the hated for the firstborn, by giving him a double portion of all that he hath: for he is the beginning of his strength; the right of the firstborn is his.

This law restrains men from disinheriting their eldest sons out of mere caprice, and without just provocation.

I. The case here put (v. 15) is very instructive.

1. It shows the great mischief of having more wives than one, which the law of Moses did not restrain, probably in hopes that men's own experience of the great inconvenience of it in families would at last put an end to it and make them a law to themselves. Observe the supposition here: If a man have two wives, it is a thousand to one but one of them is beloved and the other hated (that is, manifestly loved less) as Leah was by Jacob, and the effect of this cannot but be strifes and jealousies, envy, confusion, and every evil work, which could not but create a constant uneasiness and vexation to the husband, and involve him both in sin and trouble. Those do much better consult their own ease and satisfaction who adhere to God's law than those who indulge their own lusts.

2. It shows how Providence commonly sides with the weakest, and gives more abundant honour to that part which lacked; for the first-born son is here supposed to be hers that was hated; it was so in Jacob's family: because the Lord saw that Leah was hated, Gen. 29:31. The great householder wisely gives to each his dividend of comfort; if one had the honour to be the beloved wife, it often proved that the other had the honour to be the mother of the first-born.

II. The law in this case is still binding on parents; they must give their children their right without partiality. In the case supposed, the eldest son, though the son of the less-beloved wife, must have his birthright privilege, which was a double portion of the father's estate, because he was the beginning of his strength that is, in him his family began to be strengthened and his quiver began to be filled with the arrows of a mighty man (Ps. 127:4), and therefore the right of the first-born is his, v. 16, 17. Jacob had indeed deprived Reuben of his birthright, and given it to Joseph, but it was because Reuben had forfeited the birthright by his incest, not because he was the son of the hated; now, lest that which Jacob did justly should be drawn into a precedent for others to do the same thing unjustly, it is here provided that when the father makes his will, or otherwise settled his estate, the child shall not fare the worse for the mother's unhappiness in having less of her husband's love, for that was not the child's fault. Note, (1.) Parents ought to make no other difference in dispensing their affections among their children than what they see plainly God makes in dispensing his grace among them. (2.) Since it is the providence of God that makes heirs, the disposal of providence in that matter must be acquiesced in and not opposed. No son should be abandoned by his father till he manifestly appear to be abandoned of God, which is hard to say of any while there is life.

Deuteronomy 21:18-23

Punishment of a Rebellious Son; Burial of Malefactors. B. C. 1451.

¹⁸ If a man have a stubborn and rebellious son, which will not obey the voice of his father, or the voice of his mother, and that, when they have chastened him, will not hearken unto them: ¹⁹ Then shall his father and his mother lay hold on him, and bring him out unto the elders of his city, and unto the gate of his place; ²⁰ And they shall say unto the elders of his city, This our son is stubborn and rebellious, he will not obey our voice; he is a glutton, and a drunkard. ²¹ And all the men of his city shall stone him with stones, that he die: so shalt thou put evil away from among you; and all Israel shall hear, and fear. ²² And if a man have committed a sin worthy of death, and he be to be put to death, and thou hang him on a tree: ²³ His body shall not remain all night upon the tree, but thou shalt in any wise bury him that day; (for he that is hanged is accursed of God;) that thy land be not defiled, which the LORD thy God giveth thee for an inheritance.

Here is,

I. A law for the punishing of a rebellious son. Having in the former law provided that parents should not deprive their children of their right, it was fit that it should next be provided that children withdraw not the honour and duty which are owing to their parents, for there is no partiality in the divine law. Observe,

1. How the criminal is here described. He is a stubborn and rebellious son, v. 18. No child was to fare the worse for the weakness of his capacity, the slowness or dulness of his understanding, but for his wilfulness and obstinacy. If he carry himself proudly and insolently towards his parents, contemn their authority, slight their reproofs and admonitions, disobey the express commands they give him for his own good, hate to be reformed by the correction they give him, shame their family, grieve their hearts, waste their substance, and threaten to ruin their estate by riotous living – this is a stubborn and rebellious son. He is particularly supposed (v. 20) to be a glutton or a drunkard. This intimates either, (1.) That these were sins which his parents did in a particular manner warn him against, and therefore that in these instances there was a plain evidence that he did not obey their voice. Lemuel had this charge from his mother, Prov. 31:4. Note, In the education of children, great care should be taken to suppress all inclinations to drunkenness, and to keep them out of the way of temptations to it; in order hereunto they should be possessed betimes with a dread and detestation of that beastly sin, and taught betimes to deny themselves. Or, (2.) That his being a glutton and a drunkard was the cause of his insolence and obstinacy towards his parents. Note, There is nothing that draws men into all manner of wickedness, and hardens them in it, more certainly and fatally than drunkenness does. When men take to drink they forget the law, they forget all law (Prov. 31:5), even that fundamental law of honouring parents.

2. How this criminal is to be proceeded against. His own father and mother are to be his prosecutors, v. 19, 20. They might not put him to death themselves, but they must complain of him to the elders of the city, and the complaint must needs be made with a sad heart: This our son is stubborn and rebellious. Note, Those that give up themselves to vice and wickedness, and will not be reclaimed, forfeit their interest in the natural affections of the nearest relations; the instruments of their being justly become the instruments of their destruction. The children that forget their duty must thank themselves and not blame their parents if they are regarded with less and less affection. And, how difficult soever tender parents now find it to reconcile themselves to the just punishment of their rebellious children, in the day of the revelation of the righteous judgment of God all natural affection will be so entirely swallowed up in divine love that they will acquiesce even in the condemnation of those children, because God will be therein for ever glorified.

3. What judgment is to be executed upon him: he must publicly stoned to death by the men of his city, v. 21. And thus, (1.) The paternal authority was supported, and God, our common Father, showed himself jealous for it, it being one of the first and most ancient streams derived from him that is the fountain of all power. (2.) This law, if duly executed, would early destroy the wicked of the land. (Ps. 101:8), and prevent the spreading of the gangrene, by cutting off the corrupt part betimes; for those that were bad members of families would never make good members of the commonwealth. (3.) It would strike an awe upon children, and frighten them into obedience to their parents, if they would not otherwise be brought to their duty and kept in it: All Israel shall hear. The Jews say, "The elders that condemned him were to send notice of it in writing all the nation over, In such a court, such a day, we stoned such a one, because he was a stubborn and rebellious son." And I have sometimes wished that as in all our courts there is an exact record kept of the condemnation of criminals, in perpetuam rei memoriam – that the memorial may never be lost, so there might be public and authentic notice given in print to the kingdom of such condemnations, and the executions upon them, by the elders themselves, in terrorem – that all may hear and fear.

II. A law for the burying of the bodies of malefactors that were hanged, v. 22. The hanging of them by the neck till the body was dead was not used at all among the Jews, as with us; but of such as were stoned to death, if it were for blasphemy, or some other very execrable crime, it was usual, by order of the judges, to hang up the dead bodies upon a post for some time, as a spectacle to the world, to express the ignominy of the crime, and to strike the greater terror upon others, that they might not only hear and fear, but see and fear. Now it is here provided that, whatever time of the day they were thus hanged up, at sun-set they should be taken down and buried, and not left to hang out all night; sufficient (says the law) to such a man is this punishment; hitherto let it go, but no further. Let the malefactor and his crime be hidden in the grave. Now,

1. God would thus preserve the honour of human bodies and tenderness towards the worst of criminals. The time of exposing dead bodies thus is limited for the same reason that the number of stripes was limited by another law: Lest thy brother seem vile unto thee. Punishing beyond death God reserves to himself; as for man, there is no more that he can do. Whether therefore the hanging of malefactors in chains, and setting up their heads and quarters, be decent among Christians that look for the resurrection of the body, may perhaps be worth considering.

2. Yet it is plain there was something ceremonial in it; by the law of Moses the touch of a dead body was defiling, and therefore dead bodies must not be left hanging up in the country, because, by the same rule, this would defile the land. But,

3. There is one reason here given which has reference to Christ. He that is hanged is accursed of God, that is, it is the highest degree of disgrace and reproach that can be done to a man, and proclaims him under the curse of God as much as any external punishment can. Those that see him thus hang between heaven and earth will conclude him abandoned of both and unworthy of either; and therefore let him not hang all night, for that would carry it too far. Now the apostle, showing how Christ has redeemed us from the curse of the law by being himself made a curse for us, illustrates it by comparing the brand here put on him that was hanged on a tree with the death of Christ, Gal. 3:13. Moses, by the Spirit, uses this phrase of being accursed of God, when he means no more than being treated most ignominiously, that it might afterwards be applied to the death of Christ, and might show that in it he underwent the curse of the law for us, which is a great enhancement of his love and a great encouragement to our faith in him. And (as the excellent bishop Patrick well observes) this passage is applied to the death of Christ, not only because he bore our sins and was exposed to shame, as these malefactors were that were accursed of God, but because he was in the evening taken down from the cursed tree and buried (and that by the particular care of the Jews, with an eye to this law, John 19:31), in token that now, the guilt being removed, the law was satisfied, as it was when the malefactor had hanged till sun-set; it demanded no more. Then he ceased to be a curse, and those that were his. And, as the land of Israel was pure and clean when the dead body was buried, so the church is washed and cleansed by the complete satisfaction which thus Christ made.