CLARKE · whole chapter
d all to submit to their decision, Deu 17:8-13 . The king that may be chosen to be one of their brethren; no stranger to be appointed to that office, Deu 17:14 , Deu 17:15 . He shall not multiply horses to himself, nor cause the people to return unto Egypt, Deu 17:16 . Nor multiply wives, money, etc., Deu 17:17 . He shall write a copy of the law for his own use, and read and study it all his days, that his heart be not lifted up above his brethren, Deu 17:18-20 . Verse 1 Wherein is blemish - God must not have that offered to him which thou wouldst not use thyself. This not only refers to the perfect sacrifice offered by Christ Jesus, but to that sincerity and uprightness of heart which God requires in all those who approach him in the way of worship. Verse 4 If it be told thee - In a private way by any confidential person. And thou hast heard of it; so that it appears to be notorious, very likely to be true, and publicly scandalous. And hast inquired diligently - sought to find out the truth of the report by the most careful examination of persons reporting, circumstances of the case, etc. And, behold, it be true - the report is not founded on vague rumor, hearsay, or malice. And the thing certain - substantiated by the fullest evidence. Then shalt thou bring forth that man, Deu 17:5 . As the charge of idolatry was the most solemn and awful that could be brought against an Israelite, because it affected his life, therefore God required that the charge should be substantiated by the most unequivocal facts, and the most competent witnesses. Hence all the precautions mentioned in the fourth verse must be carefully used, in order to arrive at so affecting and so awful a truth. Verse 6 Two witnesses - One might be deceived, or be prejudiced or malicious; therefore God required two substantial witnesses for the support of the charge. Verse 8 If there arise a matter too hard for thee - These directions are given to the common magistrates, who might not be able to judge of or apply the law in all cases that might be brought before them. The priests and Levites, who were lawyers by birth and continual practice, were reasonably considered as the best qualified to decide on difficult points. Verse 12 The man that will do presumptuously - The man who refused to abide by this final determination forfeited his life, as being then in a state of rebellion against the highest authority, and consequently the public could have no pledge for his conduct. Verse 15 One from among thy brethren shalt thou set king over thee - It was on the ground of this command that the Jews proposed that insidious question to our Lord, Is it lawful to give tribute to Caesar, Or No? Mat 22:17 ; for they were then under the authority of a foreign power. Had Christ said Yes, then they would have condemned him by this law; had he said No, then they would have accused him to Caesar. See this subject discussed in great detail in the notes, Mat 22:16 (note), etc. Verse 16 He shall not multiply horses - As horses appear to have been generally furnished by Egypt, God prohibits these, 1. Lest there should be such commerce with Egypt as might lead to idolatry. 2. Lest the people might depend on a well-appointed cavalry as a means of security, and so cease from trusting in the strength and protection of God. And, 3. That they might not be tempted to extend their dominion by means of cavalry, and so get scattered among the surrounding idolatrous nations, and thus cease, in process of time, to be that distinct and separate people which God intended they should be, and without which the prophecies relative to the Messiah could not be known to have their due and full accomplishment. Verse 17 Neither shall he multiply wives - For this would necessarily lead to foreign alliances, and be the means of introducing the manners and customs of other nations, and their idolatry also. Solomon sinned against this precept, and brought ruin on himself and on the land by it; see
1Kgs 11:4 . Verse 18 He shall write him a copy of this law - משנה התורה הזאת mishneh hattorah hazzoth, an iteration or duplicate of this law; translated by the Septuagint, το δευτερονομιον τουτο this deuteronomy. From this version both the Vulgate Latin and all the modern versions have taken the name of this book; and from the original word the Jews call it Mishneh. See the preface to this book. Out of that which is before the priests the Levites - It is likely this means, that the copy which the king was to write out was to be taken from the autograph kept in the tabernacle before the Lord, from which, as a standard, every copy was taken and with which doubtless every copy was compared; and it is probable that the priests and Levites had the revising of every copy that was taken off, in order to prevent errors from creeping into the sacred text. Verse 19 And it shall be with him, etc. - It was the surest way to bring the king to an acquaintance with the Divine law to oblige him to write out a fair copy of it with his own hand, in which he was to read daily. This was essentially necessary, as these laws of God were all permanent, and no Israelitish king could make any new law, the kings of this people being ever considered as only the vice-gerents of Jehovah. Verse 20 He, and his children, in the midst of Israel - From this verse it has been inferred that the crown of Israel was designed to be hereditary, and this is very probable; for long experience has proved to almost all the nations of the world that hereditary succession in the regal government is, on the whole, the safest, and best calculated to secure the public tranquillity. Introduction The priests and Levites to have no inheritance, Deu 18:1 , Deu 18:2 . What is the priest's due, Deu 18:3-5 . Of the Levites that com
HENRY_FULL · Deuteronomy 17:8–13
( b. c. 1451.) 8 If there arise a matter too hard for thee in judgment, between blood and blood, between plea and plea, and between stroke and stroke, being matters of controversy within thy gates: then shalt thou arise, and get thee up into the place which the Lord thy God shall choose; 9 And thou shalt come unto the priests the Levites, and unto the judge that shall be in those days, and enquire; and they shall show thee the sentence of judgment: 10 And thou shalt do according to the sentence, which they of that place which the Lord shall choose shall show thee; and thou shalt observe to do according to all that they inform thee: 11 According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do: thou shalt not decline from the sentence which they shall show thee, to the right hand, nor to the left. 12 And the man that will do presumptuously, and will not hearken unto the priest that standeth to minister there before the Lord thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel. 13 And all the people shall hear, and fear, and do no more presumptuously. Courts of judgment were ordered to be erected in every city ( ch. xvi. 18 ), and they were empowered to hear and determine causes according to law, both those which we call pleas of the crown and those between party and party; and we may suppose that ordinarily they ended the matters that were brought before them, and their sentence was definitive; but, 1. It is here taken for granted that sometimes a case might come into their court too difficult for those inferior judges to determine, who could not be thought to be so learned in the laws as those that presided in the higher courts; so that (to speak in the language of our law) they must find a special verdict, and take time to advise before the giving of judgment ( v. 8 ): If there arise a matter too hard for thee in judgment, which it would be no dishonour to the judges to own the difficulty of,—suppose it between blood and blood, the blood of a person which cried and the blood of him that was charged with the murder which was demanded, when it was doubtful upon the evidence whether it was wilful or casual,—or between plea and plea, the plea (that is, the bill or declaration) of the plaintiff and the plea of the defendant,—or between stroke and stroke, in actions of assault and battery; in these and similar cases, thought the evidence were plain, yet doubts might arise about the sense and meaning of the law and the application of it to the particular case. 2. These difficult cases, which hitherto had been brought to Moses, according to Jethro's advice, were, after his death, to be brought to the supreme power, wherever it was lodged, whether in a judge (when there was such an extraordinary person raised up and qualified for that great service, as Othniel, Deborah, Gideon, &c.) or in the high-priest (when he was by the eminency of his gifts called of God to preside in public affairs, as Eli), or, if no single person were marked by heaven for this honour, then in the priests and Levites (or in the priests, who were Levites of course), who not only attended the sanctuary, but met in council to receive appeals from the inferior courts, who might reasonably be supposed, not only to be best qualified by their learning and experience, but to have the best assistance of the divine Spirit for the deciding of doubts, v. 9 , 11 , 12 . They are not appointed to consult the urim and thummim, for it is supposed that these were to be consulted only in cases relating to the public, either the body of the people or the prince; but in ordinary cases the wisdom and integrity of those that sat at the stern must be relied on, their judgment had not the divine authority of an oracle, yet besides the moral certainty it had, as the judgment of knowing, prudent, and experienced men, it had the advantage of a divine promise, implied in those words ( v. 9 ), They shall show thee the sentence of judgment; it had also the support of a divine institution, by which they were made the supreme judicature of the nation. 3. The definitive sentence given by the judge, priest, or great council, must be obeyed by the parties concerned, upon pain of death: Thou shalt do according to their sentence ( v. 10 ); thou shalt observe to do it, thou shalt not decline from it ( v. 11 ), to the right hand nor to the left. Note, It is for the honour of God and the welfare of a people that the authority of the higher power be supported and the due order of government observed, that those be obeyed who are appointed to rule, and that every soul be subject to them in all those things that fall within their commission. Though the party thought himself injured by the sentence (as every man is apt to be partial in is own cause), yet he must needs be subject, must stand to the award, how unpleasing soever, and bear, or lose, or pay, according to it, not only for wrath, but also for conscience' sake. But if an inferior judge contradict the sentence of the higher court and will not execute the orders of it, or a private person refuse to conform to their sentence, the contumacy must be punished with death, though the matter were ever so small in which the opposition was made: That man shall die, and all the people shall hear and fear, v. 12, 13 . See here, (1.) The evil of disobedience. Rebellion and stubbornness, from a spirit of contradiction and opposition of God, or those in authority under him, from a principle of contempt and self-willedness, are as witchcraft and idolatry. To differ in opinion from weakness and infirmity may be excused and must be borne with; but to do so presumptuously, in pride and wickedness (as the ancient translations explain it), this is to take up arms against the government, and is an affront to him by whom the powers that be are ordained. (2.) The design of punishment: that others may hear and fear, and not do the like. Some would be so considerate as to infer the heinousness of the offence from the grievousness of the penalty, and therefore would detest it; and others would so far consult their own safety as to cross their humours by conforming to the sentence rather than to sin against their own heads, and forfeit their lives by going contrary to it. From this law the apostle infers the greatness of the punishment of which those will be thought worthy that trample on the authority of the Son of God, Heb. x. 28, 29 . The Choice of a King. (