n LIBR A.R Y OF T1IK T h e o 1 o g i c'a 1 Seminary, PRINCETON, N. J. Case ~B3\. Division m A Shelf ,U3C^ Sec Book No, ■ ■ mi ' .. 1*. I * I H *•.-**■ ■ THE HEBEEW LAW. BY THE SAME AUTHOR. LECTURES ON EARLY SCRIPTURE. Price 5s. London : LONGMANS & CO. ON THE GIVING OF THE HEBREW LAW. BY T. F. CROSSE, D.C.L. MEMBER OP THE HON. SOCIETY OF THE INNER TEMPLE, INCUMBENT OF HOLY TRINITY AND RURAL DEAN OF HASTINGS. LONDON: LONGMANS, GREEN, AND CO, 1875. All rights reserved LOSDOX : PRINTED BY SPOTTISWOOOE AND CO., XEW-STRKET SQIWRE ASD PARLIAMENT STREET PBEEACE. This book upon the giving of the Hebrew Law is the continuation of another called ' Lectures on Early Scripture,' and is intended, like that, to point out the unity of design which pervades the plan and incidents of the Bible, and so to suggest and assist towards a way of looking at the System of the Holy Scriptures which may, by the Divine Blessing, be of service to enquirers. CONTENTS. LECTURE PAG £ ! I. On tlie Probabilities that a Miraculous Revela- tion of Law would be given .... 1 II. On the Necessity for such a Revelation to us, and on the Bible as supplying it . . .24 III. On the Course of Ancient Law and Society, and on the Need and Fitness of the Law of Moses in relation to it . . . . . .43 IV. On the Course of Ancient Religion, and on the Need and Fitness of the Law of Moses in rela- tion to it .73 V. On Patriarchal Preparations for the Mosaic Sys- tem ......... 93 VI. On Moses as the Instrument of Reformation . 113 VII. On the Method and Preparatory Incidents of the Deliverance from Egypt . . . . .141 VIII. On the actual Exodus and its accompanying Events 170 viii Contents. LECTURE PAGE IX. On the Covenant and Moral Law of Sinai . . 195 X. On the Ritual Law of Sinai, and on its Meanings in the Inner Sanctuary ..... 212 XL On the Ritual and its Meanings in the Outer Sanctuary 244 XII. On the Fall of Israel, on the Mediation of Moses, and on the first Completion of the Work by the Holy Tabernacle being set up and filled with the Glory of the Lord 266 Appendix 297 HEBREW LAW. CHAPTER I. rPHE original beginnings of legal order, and ■*■ their relation to religion, have been often inquired about and in different ways. It might naturally be supposed that, in such matters, considerations on the divine Author of religion and society must count for much, and that starting with a fixed impression as to His unity and His character, drawn from what we can observe within us and around us, we should use that as a great foundation of reserve through which both to deduce and test our conclusions, since it appears evident enough that if there be a Divinity at all with such wide -reaching qualities and functions as we attribute to Him, He must necessarily be at the head and source of law. So fully does 2 Hebrew Law. this seem the case that the effort to investi- gate moral foundations, apart from God, appears to common believers as arbitrary and artificial as would be an attempt to examine nature apart from light and heat, or an attempt to explain the British constitution without re- ference to the office of king. Such an errant course, however, as regards law has not unfrequently been engaged in. Indeed so closely inherent is the instinct of liberty in the human mind that the tendency, even among some inquirers of justice and integrity, has rather been to aim at shutting out prepossessions, however reverent, and let- ting the mind collect, weigh, and decide for itself without any bias of authority. In fol- lowing out this tendency, however, two defec- tive methods have come into use. The first of these is an avoidance of metaphysical and moral grounds of argument as if they were something untrustworthy, although it is evi- dent that law, which is so mixed up with these ingredients, cannot be fully considered without reference to them. The second is that when pursuing the method they have preferred — Hebrew Law. 3 that of examining phenomena — these inquirers have only partially applied their own tests ; that is, they have neglected Hebrew antiquities, and drawn their inferences chiefly from Hindoo, classic, and northern remains. Now, it seems hardly just, when one has started upon a purely independent scientific investigation, and has professed to be prepared to follow wher- ever scientific research may lead, ar d when one has selected a certain set of witnesses as those whom science requires to have examined, that then he should refuse to call the chief of these — that while the East, the North, and the West are successively ransacked, and all sorts of minute fragments collected together from them and dovetailed into an expressive shape, the most venerable centre should alone remain unvisited, and that Hebrew antiquities, which so many and various races have been impressed by, should alone be shut out from speaking. It is evident that no generalisation of such sort can be held complete, but that every true representation of the testimony of antiquity must give as full effect to the inferences result- ins; from Hebrew remains ;is to others j f>r, 4 Hebrew Law. even independent of their peculiar pretensions, these remains are certainly of great antiquarian value. But passing this, it may be questioned how far the investigations of a supposed scientific character, which now find such favour with some, are, after all, of value in religion. The supply of facts is at present small. The appli- cations are unfamiliar and partial. The posi- tion is constrained in consequence of the forced rejection from examination of those very docu- ments of revelation the world has long looked to as throwing the most important light on the matter. The temptation is greater than usual to anticipate conclusions. There is a disadvan- tage in judging results from not being able to have recourse to those tests which in physical science so quickly reduce back vagrant specu- lations within safe bounds. When we consider all these difficulties with which such a method is hampered, we may well feel that those who profess not merely to shed rays of new light from such sources upon questions of the most vital and practical interest to mankind, but to introduce altogether strange views about them, Hebrew Law. 5 should be very careful — more careful, indeed, than some of them have been — how they un- settle opinion and sow doubt, when their own theories must be open to such grave question. It is quite open to inquiry, we repeat^whether there is not a considerable amount of self- deception as to the value of such researches, and whether it may not be very doubtful if those who come after us will endorse, with the same readiness as some of ourselves, the speculations which rest on such frail foundations. Sir William Jones long ago complained of the attempt of the students of words to prove everything by the structure of language, and the same may be objected to the sociologist, legist, and even to the theologian, when their efforts are but one-sided and exclusive. There may be additional reason, too, for our hesitating to give rapid and implicit ad- herence to philosophers of the above class in the fact that they are met and encountered by yet another body of philosophers, equally high in pretensions, and equally unprejudiced as regards orthodox beliefs, who declare loudly that all such researches are illusory ; that the 6 Hebrew Law. method of investigation is vain ; the conclu- sions derived from it utterly incorrect ; and that even if it were possible thus to draw up and piece together again the old fragments, so as to reproduce something like the portraiture of the most ancient life really taken from those who lived it themselves, yet that those ages were so completely unable to conceive things in their actual relations, and so totally without the historical sense, that their impressions of themselves would be worth next to nothing at all. And this criticism has, perhaps, rather the more force from its being used by those who are usually in favour of experimental inductions, and who do not so much object here to the method itself as to its application in the case of archaic religion and law. While whole schools of thought are thus at variance, it may be permitted to ordinary people to go on reasoning as thsy have always hitherto reasoned, making use, to some extent, indifferently of the above ways of thinking, and also of other ways besides, and yet bringing them all into contact with those primary convictions about God and man, and Hebrew Law. 7 the world, which, if they be in any degree prejudices, as some would persuade us, are yet, in a very great degree and in the best sense, philosophical truths. For surely the general convictions of all ages, the widest observations of the natural world, the impressions and expressions of universal feeling, are not to be treated as on the outside of philosophy. They are rather the very materials philosophers are in search of — the very voice they are desiring to listen to ; and the observation of them is the very process they are actually applying in another and less valuable series of materials. The direct historical statements, the current opinions, the general social attitude of remote ages, should be taken together as one wide declaration of belief. So interpreted, they are relics of a direct, tangible, and most valuable character. Inferences from mental states and movements, when thus of a comprehensive character, are distinct and realistic results. They are far superior in evidential weight to mere chippings and fragments, the real place of which in the scale is doubtful, but which are made sometimes the unstable fulcrum of 8 Hebrew Law. movement not so much scientific as merely unfriendly to established beliefs. On the other hand, when we see pressed together the many little morsels which mere secular observation can supply, and when we see the effort made to shut out additions from all other quarters, we know that from such sources alone no complete system can be obtained, no theory can be built up which will at all account for, or correspond to, what has been, is, and should be in the world within us and in the world around us. Minute re- searches of this sort are often very ingenious in themselves, and have the sort of value in pointing and hinting which the little signs known to woodcraft have in a forest labyrinth, but they are not, and never can be, the map on which the whole area of the vast subject is to be found set out, and by which it can be comprehended, subdued, and utilised. Such researches, therefore, are but ancillary and of secondary value, nor is there any real reason to suppose they do or will yield the results by some persons attributed to them. Materials for induction in theology, whether in its general Hebrew Law. 9 or dispensational aspects, must be collected from a wider field, and must range not only- over matter, but over mind as well. To take a bit of flint, and yet reject an institution ; to analyse a word, and, at the same time, to ignore a manuscript ; to construct a past of our own, while repudiating the past as understood by ages much nearer to it than ourselves — these are processes which will never hold. Novelty for a time may make them the mode, but they will hardly in the end realise either the hopes or fears they have awakened. They may dispel some clouds from religion and col- lect others, but the loftiest truths 01 theology which are not subjects of induction, will, like the heights of snow mountains, still be found rising steadfastly above them. In our attempts, then, to examine the super- structure of law, we shall take account also of its foundations. We shall aim at keeping open before us the final source of legislation, and at using it for a guide to the particular legal system. Through that we shall hope to estimate its value, interpret its meaning, calculate its effects, and trace its relations to some wider io Hebrew Law. and more universal scheme of government, sup- posing such to exist. This we shall do chiefly in the Hebrew, and incidentally in other theories of law. If there is a God with qualities such as we imagine in Him, the final law must be His will ; and it is assumed here, as we have said, that such a Divine Being does exist ; that there is a God, and that He created and constantly governs the world and all things therein. Observations supporting this assumption occur further on in our pages. At present it may be enough to suggest that, in taking thus much for granted, we assume nothing unreasonable, for that reason possessed by men which has everywhere formed them into societies, and arranged and carried on the government of these by reasonable laws which it has invented or adapted, has yet nowhere been satisfied to consider such laws as merely of its own authority, but has always tried to have it believed that they rest on some higher sanc- tion, descending to us from the divine sphere. Since, then, the wisest and most experienced among men have not been content with their Hebrew Law. 1 1 own power, but have always insisted on defer- ring to some higher authority on which they have based their own, we may well take their admission, and suppose, with them, that there really is this divine legislative source which they have felt the need of and believed in. No doubt, had it been merely a few clever empirics who had acted in this way, they might have been suspected of ingeniously abusing popular prejudice. That, however, is no longer a conspiracy, but a genuine move- ment, which is found everywhere and always, and among those who are without mutual knowledge or communication. And, indeed, were this the moment to pass from experience to theory on the point, we might ask, what is the meaning of right and wrong — those pillars of all law — if there be no supreme divine authority from which to draw it. Are we to suppose right and wrong as resting merely upon what is convenient or the reverse, and therefore not immutable but vary- ing. Or are we to suppose it is not general convenience, but the universal conscience of men (a more truly descriptive expression than 12 Hebrew Law. that of " popular prejudice " just used), which has everywhere accepted some wide principles of right and wrong ? If so, how can we account for such wide agreement, or for such faculty for uniform moral result, unless we suppose some power behind from which man derives his impulse — a power which, however named by us, will really be God ? But this question of the existence of the Divinity need not be made a point at this moment. A certain number of persons have been found opposed to it, just as there are some who have seriously questioned the real existence of the outer world around them, or even of themselves ; but the immense majority of men have instinctively allowed it, and it is to persons of the usual mould that religious considerations appeal. In all reasoning some- thing must be taken for granted, and nothing is here more fit to be than this. So completely, indeed, are most men convinced of the existence of God, and such elevated and abstract notions of His qualities have they formed, that it is even found one of their difficulties in coming to Revelation that the Scriptural accounts of Hebrew Law. 13 God there given do not seem to them suffi- ciently exalted and superior to human affairs. Not only, too, do they allow an outer nature- world, but they fancy it so inflexibly fixed that their difficulty is to see how such things as miracles could come into the midst of its seemingly steadfast order. Were proof of God's existence required, we believe an immense and overwhelming body of it has been provided for us, drawn from the most varied sources, and all tending to make an irresistible impression on just and unpreju- diced minds. On this evidence it will not be necessary to enter now : it will be permissible here to accept as established fact that the Almighty Being exists ; that He made and sustains His whole creation ; that " of Him and through Him and to Him are all things " (Rom. xi. 35) ; and that in Him "we live and move and have our being " (Act xvii. 28). And when we go on to meditate about the dealings and character of God thus imagined, we begin to perceive that we have, through the very force of terms, to regard His action as extended and comprehensive in the widest 14 Hebrew Law. possible degree, so that every existing thing has to be conceived as absolutely within His immediate domain ; that we cannot allow any- thing whatever to be independent of His rule and management ; that He holds, as it were, the whole world in the hollow of His hand, and that therefore the final root and source of all law, of which source we were in search, must of necessity be His will, and that if any other will is to be supposed as coming in to modify it in any degree, however slight, that can only occur by His special arrangement or allowance. Thus, then, we have one World- Governor, and His will the one final law. But is it not the case when we come to draw our inferences about God's dealings with nature that His attributes, as above conceived, seem to forbid us to suppose of Him that He first legislated and then left His domain? Do we not seem to find that we are not to look on Him as an absent, but as a present God ; that He did not make the world, launch it on its course, and then leave it, as one winds up a watch and goes away, but that He is always with it every moment, guiding it and super- Hebrew Law. 15 vising it with incessant indefatigable care, so that the Psalmist (Ps. civ.) was completely laying out the truth when, after describing God's provision for His creatures, he did not write of it as a mere sumptuary system started and then trusted to work by itself alone, but, on the contrary, described all this as being always doing by incessant applications of pro- vident power, saying (vv. 26-30), " all these " — "innumerable things" — "wait all upon Thee that Thou mayest give them their meat in due season ; that Thougivest them, they gather ; Thou openest Thy hand, they are filled with good ; Thou hidest Thy face, they are troubled ; Thou takest away their breath, they die and return to their dust ; Thou sendest forth Thy spirit, they are created; and Thou renewest the face of the earth." Now, if God's rule be thus an incessant pre- sence and personal action, and if He is never "sleeping," or "absent on a journey," or occupied with some matters to the partial exclusion of the rest, does there not seem to follow this consequence important for us here — viz., that all the supposed system commonly 1 6 Hebrew Law. talked of as " natural laws," has not such fully real existence as commonly supposed, but that it is, to a great extent, a notion of ours bor- rowed from our own affairs, and expressed in our common parlance. In carrying on these affairs, our limited powers and opportunities oblige us to begin by settling certain rules through some concentration of general wisdom, and these once settled we call law. This law is thenceforth to us something permanent and fixed, and towards which our practice has to work. May it not be that our notions, there- fore, run at once, when we come to speak of world-government, towards something of the same sort ; that we in imagination lend to per- fection, our own infirmity, and talk of God's acting on a plan and by a law, because we ourselves usually do so. Indeed, we are fatigued by the idea of an universal pre- sence omnipotently willing, and working in an incessant now. So when we find regu. larity in the outer world, it better suits our habits to account for this by supposing a set of rules made in the past, and continued on in action by ulterior agencies. For our own Hebrew Law. 17 convenience in thinking this artificial method of ours may be well enough ; but to invest it, as some have done, with such authority as even to compete with God Himself seems surely some- thing like the conduct of that old Greek who began by carving out the statue of his ideal in stone, and ended by falling in love with it. For, in reality, as we say, the idea we get of God's attributes when it is formed strictly, and is consistently applied by us, seems to require quite a different conclusion — viz., that it is nothing less than His personal and immediate will which is constantly being exercised in each particular of the immense series of cases His system developes ; that the exercise of it is uniform, because His mind and purpose remain uniform and unchanged. The resulting work, therefore, presents that fixity of aspect to which we are accustomed as a feature of law, but, as observed, it is because we do not habitually realise His omnipresence, and yet constantly note this regular working, that it appears to us a sufficient account of the matter to spc;ik <»{ it all as law in nature. 1 8 Hebrew Law. This idea, then, of the incessant presence of the Divine Being among all His works may really be the only one which is consistent with His attributes. It is at this point that the sacred poetry of the Scripture (as Ps. xxix.) and the common thinking of philosophy seem to unite, and we have to realise that it is not a law, but a voice, " the voice of the Lord," which " commandeth the waters," "maketh the thunder," "ruleth the sea," " breaketh the cedar trees," " divideth the flames of fire," "shaketh the wilderness," and "maketh the hinds to bring forth " ; and that it is in thus believing and thus regarding nature that we " give the Lord the honour due unto His name." Now, if we accept this view, then, our idea of the highest and most final law will be that of a personal will of God continuously exerted by Him, personally present — a method of government not, after all, strange and un- known to human affairs, but which was, in fact, reflected among men in early stages of society by the personal government of patri- archal chiefs, and by the old "paternal" Hebrew Law. 19 monarchies, and which was only changed by degrees for our artificial plans, as it became necessary to meet the pressing difficulties and the wants of more complicated civilisation. Nor is there, perhaps, any essential reason to disincline us from such a view of nature as the above, for nature may have some more close relations to God than is commonly imagined. It certainly is not something foreign to Him with which He is dealing only as a workman deals with materials independent of him, and supplied from some distinct source. Nature may, perhaps, rather be as close to God as the breath to the mouth, or the garment to the body. It may be as a glory-cloud surrounding Him, and reflecting the light of His presence ; a cloud, in the midst of which He, though unseen, is ever resting and working — a holy vapour from the central altar fire, coloured and fed with the brightness which gives it incessant birth and increase. Let it, then, be supposed that nature, or the laws of nature, are not inflexible and neces- sarily invariable, as sometimes imagined, but liable to change on any fitting occasion, because 20 Hebrew Law. they are so many individual actions of Him whose conduct is always fitted to the occasion. Let it further be remembered that the physical records of the ancient earth supply much evi- dence of orders of nature very different from the present ; methods which seem to have long existed, and then to have been gradually or suddenly changed and broken in upon. Let it also be borne in mind that the hand of God is ever upon the springs of the whole machinery, and that what we only observe as fixity is in realitv His indefatigableness. And then let it be supposed that for us, His moral creatures, He has a moral purpose to work out ; that He is carrying on an inner moral plan here not less important than His outer world-plan. Why, we ask, with all these conditions before us, is it to be thought unlikely that, m furtherance of such a plan, He should make Himself seen and heard among men ? The moral and intel- lectual creature, man, has no inaptitude for such a manifestation to him. On the contrary, if it has not really been made, then man has imagined higher and more beautiful things — nay, more morally ordered things — than have Hebrew Law. 2 1 yet been done for him. The course of nature properly understood furnishes no reason, we find, against such manifestation, for God has constantly changed His methods in nature, and God is always personally present in nature. According to our view, there can, in reality, be no such thing as Divine interference in nature ; for the idea of interference pre-sup- poses a fixed incessant law which is broken in upon. There may, however, be, as we believe, no abstract law in nature at all, but an omni- present Person, and that a Person who has repeatedly changed His natural processes. The only restriction we can really apply to His action is that it should be fit conduct under the circumstances. And we believe that the circumstances set out in Scripture are such as to make it fit for this present God to show Himself as present, and for Him who, while His purposes are unchanging, is yet ever so immensely fertile in changing method, to change His method here. Indeed, the real question about God's show- ing Himself, as described in the Old Testa- ment, and giving laws or working miracles, 22 Hebrew Law. must ever be not a question whether it is possible, but whether it is likely. And the more the matter is examined, the more it will be found that there is not that strong prior probability against such revelations which some persons at first suppose. It will be our business to show in the course of these pages that there was, on the other hand, a very fit occasion and strong call for such a course of conduct being pursued ; that the divine action in the matter, as described in the Old Testament, is not impulsive or fragmentary, but arranged into harmonious and most appropriate com- binations ; that the same sort of orderly and progressive advance is found there as in nature itself; that there is a certain resemblance between the revolutions in the one and in the other ; that there is the same incisive boldness mixed with the same restrained economy of resource in the general design ; that the means taken are justly fitted to the results professedly aimed at ; and that those results are in accord- ance with man's position and his prospects — in short, that the Bible is a completion and amplification of our best ideas of God ; that it Hebrew Law. 23 accords with a comprehensive view of nature, with a knowledge of man's history, man's con- duct, man's inner life, and not least that it applies itself fully to those fears and hopes in man which cannot otherwise be dispelled or satisfied. 24 Hebrew Law. CHAPTER II. While feeling bound to hold God to be the universal and absolute ruler in His whole creation, always and everywhere present, sus- taining all things by the word of His power, and while looking on His ever-acting will as the incessant law in accordance with which all things live and move, we are compelled, at the same time, to make one exception to all this, and to hold that there is some degree of independence in the nature and conduct of men. We must do this because we all feel and are convinced, without the necessity of any argu- ment whatever, that we do possess some freedom of will and power of deciding for ourselves, and of either doing or leaving un- done, in a vast variety of cases, as we may think fit. So that when we know, or believe we have ascertained, what is God's fixed will Hebrew Law. 25 upon any subject, and what is right to be done, we may either conform our wills to it, or we may resist, and proceed in some opposite way of our own choice. It is perfectly clear to us, therefore, that we are not mere creatures of necessity, but that we do, in a certain sense, possess the liberty of choice in conduct com- monly known as free-will. And yet it is, at the same time, no doubt the case that, even though we cannot now be com- pelled to keep in the course of sound sense, prudence, justice, and piety, that this course is not the less good for us on that account. We may be able to act against the will of God now, but it is still good for us to keep the will of God now. For, since the whole world is sustained by His plan or present action, the only full and final meaning of good in it is agreement with Him or His plan, and the only full and final meaning of evil in it is disagree- ment with Him. That freedom, therefore, which enables us either to accept His ways or to reject them, while it is on one side a privilege, is t at the same time, on the other side, a responsibility also. 26 Hebrew Law. Nor is this responsibility a slight one. In- deed, the position of such frail and limited creatures as we certainly are, would be one of great risk were we endowed with this perilous sort of liberty, but left without any directions by which to keep ourselves straight in accord- ance with the course of the Divine government. It is not with us as with some other creatures. If we observe animals, we see that they are protected in this respect ; for we find them by invariable processes, or by some invariable law inscribed in their nature, providing for their food, shelter, safety, rest, reproduction, and nurture of young ; and those of them which live in communities we find always in steady allegiance to an unchanging sort of govern- ment and discipline. But we do not find any such equal constancy in the minds of men. On the contrary, so confused are our faculties, or so wayward is our will, that new movements of change may at any moment arise, and per- sons are to be met with, even in the most culti- vated societies, who deny that there should exist such institutions as the home, or family, or property, or central government, and who refuse Hebrew Law. 27 to accept any religion, or to believe in any God — in short, who, while they insist that man is nothing more himself than an animal, yet reject those natural methods or laws which animals are found partially observing. It seems, then, that if we, who are thus unconstrained, were to be left to ourselves to discover by mere theory and experiments what might be the principles of God's will as to our affairs, our position would be worse than that of the lower animals, since, while our conduct ranges beyond instinct, our perceptions are not sufficiently clear and constant to enable us to keep with certainty to a course producing safety and happiness. Thus, then, there is a great and undoubted need for assistances and directions from the Divine Being, who has placed us here, if we are to know and abide in His way, and if our powers of moral choice, instead of becoming a snare, are to prove a blessing to us. But now, if there are such wants as these, we may feel quite sure some provision is made in the Divine government to meet them. God's careful supplies for all other wants of II is 28 Hebrew Law. creatures make us feel confident He will not neglect us in this great one, if we really need help. And the reality of our need may be abundantly shown by such considerations of reason as have just been referred to. And, indeed, is there not also in our general wide-spread belief that Divine communications are to be expected, and have been from time to time given, a very strong presumption on the matter ? Do not these notions, even when rather visionary in form, yet all lead us towards one substantial and reasonable prospect ? If it has always appeared to the mass of men likely and desirable that God should make known His will to us, and direct us in His ways, who can suppose that these impressions have been all unmeaning? If the children of men are so made and placed that they thus long to hear the Divine Father's voice, shall we undertake to say that He who has thus made and placed them has never spoken to them or intended to do so — that the affec- tionate desires of the creature can thus exceed the affectionate conduct of the Creator, and that we, usually so heavy in regard to spiritual Hebrew Law. 29 things, have here the power of desiring more communion with Him than he has the intention or inclination of bestowing ? This would, indeed, be strange in so holy and beneficent a Being that He should place us in a position of want ; that He should give or permit us a strong impression that our want would be supplied by Him ; and yet that, after all, here in that which seems best and nearest to His full mind and purpose, there should be a sudden break in His usual way of dealing ; that requirements should now first no longer be balanced with supplies for them ; that diffi- culties should now first remain without remedy ; that there should at length be a cry from earth without an answering echo from Heaven. All this we cannot believe, for it would be con- trary to the whole analogy of Providential dealings, which are constantly being enforced in the natural management of the world, that we should have a mission without instructions for its fulfilment, faculties without a field marked out for them, risks and responsibilities without provisions, so that they may be pro- perly encountered. We must think it, then, 30 Hebrew Law. on the whole, to be in the highest degree probable that, since we are furnished with these strong impressions about the Divine will, we are to expect, from some quarter or other, and in some way or other, a corresponding publication to us of that will. But where, then, are we to look for this revelation ? In what way has God directed us ? Has He planted His law within us, or has He revealed it outwardly among us. If it be only within us, as some affirm, what will be our position? Will it not, then, be the case that those universal impressions of the human heart which point to a distinctive and clear revelation have been really deceived? We shall have had a revelation, but so little expressive will it have been that we shall have all been going out at all times in search of another, uncon- scious that our want was already supplied, and, notwithstanding the supply, feeling the want still. If an inner revelation leave us in such a state as this — if we can have it without so much as being aware of its existence, or being able to separate it from the movements of our natural faculties — the gift must, indeed, be in some Hebrew Law. 31 degree illusory, and neither a fulfilment of our wishes in the matter, nor a complete supply for our wants. Supposing this all that had been done for us, it would be no wonder we should still be looking for something more, and be ready to regard with interest any external system seeming likely to give us more. Take man even at his best — that is to say, under what we believe to be the dispensation of the Holy Spirit. Observe him when even thus highly endowed, and you will see into what excesses and aberrations he may still fall, unless the movements within are compared and harmonised with the law of religion out- side. You will find that some of the saddest pages of Christian history are those which show how men who have believed themselves under so very full an inner light that they might venture to emancipate themselves from the outer legislation, have fallen into irregular and sometimes scandalous ways. The whole testimony of such experience is to the effect that the inner impressions of individuals are too liable to change, too dependent on various frames and circumstances, and too conflicting 32 Hebrew Law. with one another to allow us to suppose them either to be the tablets on which the full law is written, or complete utterances of the law itself. Whatever may be done for us within, the results evidently require to be brought into contact with some external standard, if they are really to produce for us benefit or safety. Once again, if we go to places where what we consider the right rule of conduct — that is, the rule founded on external law — has been shut out, and where evil habits — that is, an opposite rule — have long prevailed, there we shall find whole classes perfectly indifferent to our code of morality as to right and wrong, regarding us with hostility on account of it, and glorying themselves in what we consider their shame. Again, take the case of children. We find in them that, though they have the power of responding readily to a rule of right and wrong, they yet invariably require to have it laid down for them from outside. And, indeed, we must remember this, that if the law of right and wrong, instead of being in a measure external, were altogether let into Hebrew Law. 33 our very nature it might then become a question whether we could ever do anything which should not be in accordance with it — some- what as it was said of old, that if it were part of our nature to be virtuous, we could never become vicious, as the stone, which naturally falls downwards, can never be made to fall upwards.* It might be a question too, whether, even when men might differ extremely in their notions of conduct, the notions of one side might not have to be considered quite as valid as those of the other, and whether we should not have to suppose, not that there is one inflexible moral will, but many various plans for life, and that upon different natures the Divine hand had written differences, something like those we see in different sorts of animals, giving to some the part of destroying, and to others the part of being peaceable victims. But such suppositions as these would come near to be the end either of our moral freedom or of God's moral order. If, then, we allow that there are such qualities in conduct as right and wrong, that these menu * Aristot, Ethic 34 Hebrew Law. what is in accordance or what is opposed to God's will, that we have within us some faculty which is capable of appreciating these differ- ences and of being impressed by them, is it at all likely, we ask, that God in making us thus sensitive about them, and being Himself all the time so interested for the sake of us and all His creatures, the destinies of many of whom are in our hands, that we should choose right and avoid wrong, would yet leave it un- certain among us what right and wrong may be. Is it at all likely that He would, for instance, make a conscience to approve and condemn, and yet leave it to accident whether it should approve or condemn in accordance with His will or in opposition to it, — that He would let it wander up and down to discover or guess for itself, because He who has certainly given us the faculty for advance, and certainly seems to wish our advance, had yet neglected to make known in any unmistakable way how we ought to go forward. We seem, then, by many considerations com- pelled to look for a law outside ourselves, and we are reasonably impressed by the conviction Hebrew Law. 35 that God will not leave us unenlightened, but that He will supply us with the clear direction we need. We have seen that the mere move- ments of men together in society are far too uncertain and fluctuating to be the means of affording such aid as we are in search of, and so we are brought to the conclusion that it is very probable, and, indeed, we may say, morally certain, that an outer revelation of law has been given by God, and that the fact which the Scriptures declare is in full accord- ance with what we are brought by reason confidently to expect. We accept it, then, to be commended as essential that God has given us this outer revelation of law, and now at this point a very powerful concurrence of testimony unites to show, with the strongest probability, that this needed revelation is the one which is con- tained in the Bible. For the law of the Bible has such qualities as these. It so arranges its fundamental plan as to fit in completely with the inner constitu- tion of our nature. It applies itself fully to deal with those social and religious discords 36 Hebrew Law. which we find from other sources were the most serious difficulties of the ancient world. It comes into the field attended by circum- stances which, upon inspection, are found full of significance and propriety in themselves, and which are in full relation with the antece- dent history. Its institutions, when professing to be moral, promulgate a morality which has never been superseded, and when arranging worship essentially accord with that which is still regarded as the highest religion. Even its civil and social regulations, though from their very nature charged with something which is but temporary, yet teem with principles and suggestions of continuing im- portance. The whole system is, further, not only complete in itself as an admirable and worthy method, but is associated in entire appropriateness with those long trains of development, extending over many centuries, brought in by various men under differing circumstances and in different places, which all together go to make up the Bible. And, finally, this ancient law, at last, joins in and mingles its stream with the living waters of Hebrew Law. 37 the Gospel by which all modern society is fertilised, thus retaining the perpetual value which our Lord attributed to it, when He said that not one jot or tittle of it should pass away until all had been fulfilled, and which is a fitting quality of whatever has been solemnly revealed by God.* These pretensions, wide though they may seem, are in reality but an imperfect statement of the claims of this admirable legal system, which the more one acquaints himself with its scope and details, will, we believe, the more commend itself to him as an essential basis of that general outer revelation of God to man, of which we are in search. Indeed, if the study of Hebrew Law shows it really to possess these particular features of cohesion and fitness in any such degree as we attribute to it, then since an outer revelation has to be looked for, and can nowhere else be with any sufficiency supplied to us, it would be more strange that this one which was wanted, and which so exactly meets the want, should * Aquinas, Sumni. Theol. II. i. quaes. 91, and Augustiu. de Lib. Arbit. 6. 38 Hebrew Law. not be divine than that it should be. If we find a locked door in the house, and, after trying all the other keys in vain, at length come to one which just fits and opens it, and which has no use anywhere else, we shall hardly be persuaded either that this one is not its key or that the door has no key at all. These proprieties of the law, of which we have spoken, it will be our business successively to present, and to endeavour to show that to a fair and candid judgment they commend themselves as being not fictitious or forced, but as so substantial and real as to be worthy of the utmost consideration. There may be points, as every one will be prepared to find, at which old familiar diffi- culties will rise on the surface, and to these their full weight should be given. At the same time we may fairly press this — that theology should be dealt with as all other subjects are by those who profess to regard theology as only on the same level with all other subjects — that is to say, that its evidences should be assorted and weighed as all other evidence is, and that we should not toss over Hebrew Law. 39 the balance by any movement of prejudice, but keep steadily before our eyes the two scales to see after we have put in all we have to say for it on one side, and all we have to say against it on the other, which weighs the most. If there are doctrines of Scripture which demand our faith they are attended by arrange- ments which address our reason. God, in claiming from us the submission of children, has offered us proof that such allegiance is worthy of our manhood, and it is a deplorable reply to the great appeals of the Bible to our intellect, when we form our conclusions about it with the quick partiality of the young, and only show the qualities of maturity in tena- ciously clinging to our prejudices. This very quickness with which some of us oppose and resent the details and idea of reve- lation is in itself a sign how much revelation is wanted, for if our inner state were really sound, what announcement would be hailed by us with such delight as this, that we are thus brought into a direct communication with the Author of all things, and that God Himself 40 Hebrew Law. has not thought it unfit to visit personally the sons of men. And if our reasoning faculties were really well pointed, on what subject should we exercise them more persistently and more lovingly than on this one? How difficult it would be to take from us our convictions about it. How ingeniously we should exercise ourselves in exploring it. What immense stores of proof we should accumulate. With what ardour should we resist aggressions. How despondent we should be when our prospect seemed to be overcast, and how happy it would make us when the clouds seemed to be moving off. A world whose general experience is the reverse of this — which is ardent and in- genious on many subjects, but indifferent and dull on the greatest one of all, which asserts its importance, while it turns away from that which would really show it important — which is credulous enough in other matters, but sceptical in the one where it should most incline to belief — which refuses to accept on trust, and will not take the trouble to convince itself by examination — such a world, we must. Hebrew Law. 41 think, whatever may be said of it in other respects, is certainly one which by wisdom knows not God, and which, therefore, requires that God should in mercy make Himself known to it. Our conclusion, then, upon the whole subject of an outer revelation of law is this: taking into account the disinclination of our tastes and the ingenuity of our mental powers, our responsible position as the highest crea- tures on earth, a sort of vicegerents over other beings for God, the needfulness of direction in it, and our tendency and aptitude for receiving directions by the way of law, and also our general desire and expectation that some such communication would be given, — taking all these things into account, we cannot suppose that nothing of the sort has been done, and that all this darkness, thundering, smoke, and trumpet-sound in the moral sphere is accompanied by no speaking voice whatever. Further, we cannot suppose it likely that the revelation of law would be given merely in an internal way, in which it would interfere 42 Hebrew Law. with our independence and with our respon- sibilities, and be complicated with our natural faculties, and be undiscernible with certainty as the Divine voice, bringing up constantly such questions as what utterances are human and optional, what Divine and compulsory, and which one of the many conflicting systems might be from God, and which of the parts in that one, conflicting among themselves, might be from Him. We are further unable to suppose this from noting the uncertainty of our judgments, which often make wrong decisions, and still more of our affections, which often fix on unworthy objects and run in unworthy courses, all which seems to show that no such distinctly-revealed internal law does, in fact, reside in us. So, too, does the observa- tion of children, who have at first to receive rules from outside, though then very readily applying them, and of vicious societies, which have some rules quite contrary to the laws of right elsewhere — as, for instance, the rule of hereditary revenge. So that, on the whole, when an outer law Hebrew Law. 43 so well fits our faculties, and tends to so much benefit, and obviates so many objections, and answers to so strong a presentiment, we may very fully believe that it is in this way we have indeed been legislated for by God, who, having placed us in a world of natural law which is outwardly apparent to us, and of social law, which is also outwardly enacted for us, and who, having permitted desires within us for something of the like sort from Him, and given us such a sense of happiness and security in feeling that He has bestowed it, has evidently no necessary disapproval of the application of such a method in our case. And, lastly, when the Bible law professing to be from God has so many qualities which commend it to our sense of fitness and right, and has been so useful both in religion and indirectly, but widely, in society also ; while it still shows itself full of vitality and meaning, and yet promises to have even more extensive fields of usefulness and more complete practical successes in the future ; when it is guaranteed to us by such a vast cloud of witnesses and by such varied methods of testimony, it is not 44 . Hebrew Law. unreasonable but the reverse to conclude this to be the revelation we are in search of, and the required legislative machine for carrying out the divine government of mankind. Hebrew Law. 45 CHAPTER III. Oneness of origin in the human race is a theory now commonly accepted. An op- ponent of religion would gain little by denying it. There are such essential points of resem- blance between nations the most remote that if we supposed these distinct in origin we should only have new difficulties to account for. Those who go back step by step through different methods of government, and note their relationship and rise one out of another, are at last, as by a sort of necessity, brought to a single tribe as the original social unit, and from that to a single family as the root of the tribe. Supposing ourselves in presence of such an original primeval family, however rude, we should surely find that a natural order, known even among animals, would make the parent its chief. He it would be 46 Hebrew Law. who would provide and protect, and his power and affection would impress those under him. This is no assumption. It is observable everywhere in nature, even in dens and nests. Among beings of long minority, and capable of retaining and recording impressions, we may be sure corresponding ideas of reverence and allegiance would be attracted, and accu- mulate round this natural chief. As regards religion, even supposing it only earth-born, the parent, we might safely presume, would be its first mover and representative. But if it be allowed that God has at any time com- municated with our race in a direct and imme- diate way, then that communication, we may be sure, would begin with the parent. The great Parent would, we may be sure, respect and accredit the human parent's position. The offspring, on the other hand, would readily respect the human parent's announce- ments. In any case, then, religion would be cast in the paternal form. But though the children might be prone to adopt this, why, unless it were true, should the parent be Hebrew Law. 47 inclined to put such a religion forth ? What interest has one practically supreme to transfer his supremacy to another? What suggestions could move one really isolated to feign himself in close dependence ? If he was a coward through inexperience, the strange sights around might teach him many things, but why this — that he had a father- god? How could the first parent have understood and felt a parent never speaking, never coming? If it be said vividness of imagination filled the void, then how came a true want asking for supply to be satisfied with an untruth, and why, in a real nature, was this flagrant un- reality written ? However ingeniously the notion may be laboured, a really probable theory against revelation can hardly be framed; and we may reasonably hold it as fact that a primeval revelation was made to men. There is, further, nothing improbable in the circumstance of revelation having paternal features. The first dealings Avith children in every home are far more immediate and con- descending than at later periods of their life. 48 Hebrew Law. It is still necessary that the first lessons should be learnt from mouth and hand. Why, then, when there were no documents, no traditions, no society, and yet a first man to be taught and a machinery to be set going — why should we say, " No, it is fitter that God should keep back and not speak at all than that he should so speak. The universal credulity which be- lieved it otherwise was an universal mistake of men as to what they wanted. The uni- versal tradition which recorded it as fact was an universal deception as to what had taken place?" Those, indeed, seem but inconsistent advo- cates of humanity who, while on one side they deny our fall, on the other thus deny our aspirations. Far more reasonable is that position which asserts a gradual development of man, retarded but progressive, opposed yet rising through defeats, and the whole move- ment divisible at last by a three -fold crisis of demarcation, supported at each point by its special appropriate guarantee of miraculous manifestation, viz., moral individualism under the Messiah ; social constitutionalism by means Hebrew Law. 49 of Moses ; domesticity from God to the patriarchal parent. We suppose then the primeval home to be the original bed from which religion, law, sociology first grew. We suppose each of these to represent human thought, feeling, and circumstance, springing, changing, fading, and springing again over ever-increasing areas of growth under the influences of the world and of heaven. The family, society, law, as well as religion itself, are in this sense connected with the divine, and will all proceed by prin- ciples and methods having some analogy and relation. Further, if such a view be correct, no institutions of law, society, or religion, in- consistent with the original family frame will be likely to win permanent success. This seems strongly corroborated by experience. It is also strongly insisted on in the religion of Jesus. The family idea is at the very root of all our Saviours teaching. That idea in its widest applications was antagonistic to the sentiment of his hearers. To them it dis- paraged his claims ; to a truer philosophy it most highly commends them. 50 Hebrew Law. But now if there was thus oneness of origin in man ; if the family was the first social unit and the parent the first social power, and the first depository and propagator of divine communications — if, in accordance with the documentary teachings of religion, the home was the centre from which first came law, society, and religion, let us see if we can trace in any probable way the advancing move- ment. First, it would seem clear that as by the side of the original chief and father there grew up his sons, themselves the centres of families of their own, so by the side of the will and interests of the first tent there would stand out the will and interests of the other tents which surrounded it. The body of questions rising, and moved in this way, would by degrees arrange themselves into the uncon- scious beginnings of system. This would supply one side of rudimentary law, which would come into form through the counterplay of interest and affection, independence and allegiance. The other side of it, if other side we allow, would pass by means of the parent Hebrew Law. 51 from the divine Providence ruling over man and over man's institutional and personal movements. We suppose then human society as origi- nally a family, and afterwards as a tribe with interests gradually forming, experience gradu- ally accumulating, questions gradually arising and all receiving settlements which gradually took force as customs. But we imagine as engaged in this work not only the will, reason, and impulses of the offspring, but also those of the parent; and further, and besides both, acting over all through the parent for the benefit of the general body, in some way appro- priate to the time, we imagine, the divine Author and Parent of this infant society. We suppose, for instance, that the Altar was a real meeting point between earth and heaven, and not a mere arrangement of stones ; a place where the conscience went to speak, that it might listen and hear echoes of itself. And we suppose, too, that there was thus from the first a divine element in human affairs twisted in among the conclusions of policy as a gift from heaven itself, a vantage point for further 52 Hebrew Law. combinations in after times as further messages might descend from heaven. We suppose, also, that to some extent, in consequence of the position of the early chiefs between the human and divine, these came to be regarded not only with filial allegiance but also with religious reverence, and that the one man thus highly designated and set apart began to originate that idea and mental frame •which gradually produced world governors, and which sometimes, when light was lost sight of, ended in depravation by attributing to these divine honours. Patriarchal longevity must have tended to concentrate and economise the divine action in revelation, and to accumulate rapidly and effectually the experiences of the race, but if we advance our stand to a period when life was shortened, population extended, and mi- grations constant, then the patriarchal system would be on the wane. Its outer appearance might be retained as a social theory, as was the case, for instance, at Rome at a much later period, but its old beneficent character would, as there, have left it j and its methods, Hebrew Law. 53 deprived of their early meaning, would lean to oppression. At such a period as this there would com- mence, and gradually advance, the unconscious struggle to disentangle the idea of individual rights from the patriarchal custom. Simple as this work appears to us who look back, still it was no doubt attended with great difficulties at the time ; the very idea of social indivi- dualism seems to have been in some sense strange to the early world. Property and even life itself were regarded as belonging to the tribal community. Injuries to either one or the other were looked on mainly as losses to the tribe, and theirs it was to claim retribution or recompense. The rights of persons, as elaborated by our own law, almost self-evident as they may in many points now seem, in fact, represent a long train of legal triumphs, and are the joint result of several contributing causes. Among these the law of Moses has fulfilled an important function. Hardly any other system bound together its community with so much stringency us his into an organic whole. In none othei 54 Hebrew Law. does the entire plan recognise and bring out each individual in such emphatic manner. The liberality of its general privilege embraces the community, but within that wide machinery there is again an active lesser wheel of personal responsibility and communion. The covenant is with Israel at large, but the " thou " of the commandment and the offerer's hand on the victim intimate that the law was already taking up the ground requisite for the great achieve- ments of the gospel. The " natural system " of society as we may name it would, of course, have to pass through many modifications of arrangement and many phases of development in proportion as refine- ments in relationship grew up in advancing communities. We cannot suppose, however, that the original ground-idea of that first system could ever be well modified or departed from, and for this reason — it embodies the truths that a common origin and tie of natural con- nexion bind us all together; that there are primary interests common to us all ; that there are certain benefits and losses which, while only partial, perhaps, in incidence, are yet universal Hebrew Law. 55 in result, and that though men and communi- ties absorbed in the particular parts assigned to them may fail to observe the fact, yet that there is one drama of history which has been continuously playing out, that its whole cast is based upon the domestic idea, and that our common phrase " the human family " is by no means a figure of speech, but has a substantial and very meaning truth in it. Indeed, if we regard society as presided over by the one heavenly Author, we cannot sup- pose it likely that the original sentiment of its order would ever be abandoned by Him. That sentiment was not arbitrary but natural, that is, it was essentially connected with his continuous world-plan, and consisted in this principle, that men should be combined by the impulse and tie of the affections which flourish in family relationship. As societies have increased in size the affections have retreated into the private home, and concentrated themselves there, but we cannot think that God, having once im- pressed on the whole order of our affairs this highest moral method and principle, would ever abandon it, and consent to have the compul- 56 Hebrew Law. sions of mere rule substituted in its stead. We may feel reasonably confident, as a matter of probability, that the first donation expressed the permanent design ; that the family idea has still existence and meaning for society, and that it will gradually be worked out in public affairs so as to conform our present organisa- tions of expediency and partial benevolence to the original sentiments of our nature, by this means solving many of the great social problems of modern life and promoting to the utmost the general good. But observe, if this be so, what a testimony is already supplied in favour of Hebrew law, for that which consideration leads us to expect is just what this system has already set to work to bring about. It collects together a nation under the express theory of its being a family, legislating for it as for children of a common father, and bringing its enactments constantly to the test of fraternal duty and regard. This idea is never abandoned throughout the whole law or the whole Scripture. It is enforced with even increased urgency in the prophetic writings, and forms one of the main features Hebrew Law. 57 in the Gospel, where indeed it is expanded to vast proportions, the affections being regarded as the substantive power of the law, the whole world-wide society of Christians being looked on as one great brotherhood, God Himself dis- tinctly taking the title of " Father," and the Son of God that of " Brother," and the dimen- sions of the plan extending themselves so as to incorporate by adoption the human society into a for larger family organisation and " general assembly " of other beings besides us who are on earth ; a glimpse being thus afforded us of the probability that the whole government and dealing with this world is an harmonious part of a much wider and perhaps universal plan. But now if we return and think again of many elements of difficulty and disturbance which may probably have surrounded early society, we may well imagine that on the re- laxation of the patriarchal idea the new indi- vidualised life, before achieving rights, would in most communities have to pass through a long series of restraints. There is abundant evidence that such was indeed the case, and that the early modifications of the patriarchal 58 Hebrew Law. system were not immediately productive of individual happiness or liberty. Indeed it is clear that the breaking up of so beautiful a central idea as that of the family system, unless it could have been at once sup- plemented by some other system equally com- pulsory on the affections, could hardly prove for the immediate common good. No such other system, however, was ready. The methods which came on repeated the incidents of what had gone before. There was the one ruler whose word was still law. The people, however graduated in rank among themselves, were in relation to him regarded as all equal in de- pendence. "Patriarchal economy" still fur- nished the type. One predominant character still formed a centre, and all the rest were in equal subordination around. This method was, according to Aristotle,* reflected in all the oldest governments, which copied the features of the family plan. Republics and other free forms were the result of later art and refine- ment. Such empires spread themselves as their * I. Polit. Hebrew Law. 59 armies advanced, and often contracted again as they retreated. Their parts were cemented together by no moral principle touching the affections. Homage and tribute was what they required, for these brought provinces within their circle. As a result they were narrowed or overturned with a rapidity equal to their rise. Their foundations were not deeper than those of an old tribal encampment. It needed but a revolt, defeat, death, or palace intrigue, and it was as if the tents had been struck in a single night. Such false patriarchalism was merely mime- tic. Without customary rights founded on the idea of brotherhood, it was deprived of the spirit of the old law, and thus, though it was the birth of nationalism, it was a birth among terrible throes, in which family, property, and life all suffered. It was antithetical, indeed, to the older parental sentiment. It was the adumbration of an inner world-power tyran- nical and injurious. The old oriental empires, though a political advance and a step in orga- nisation, were a moral decline as weakening the highest motive principle for mankind, viz., 60 Hebrew Law. that of a common tie in feeling, and weaken- ing, together with that, the vigour of domestic relations and social law. The tenacious methods of thought of the older time would, on the arrival at this stage, be in some respects even disadvantageous. The strong feeling of relationship, for instance, would become the strong feeling of nationalism, and would retard advance by rendering the incorporation of new elements on equal terms more difficult, setting up feudatory arrange- ments, and depressing the populations most recently added. The same family impulses tending to con- strain men within hereditary callings would bring out the features, and by degrees the en- tire system, of caste. Among these social sub- divisions the bodies conversant with religion and war would, from the prominence of their professions, soon stand out and take the lead. But what would be the result? War, once made the interest of a class, would become systematic. Religion committed to a sect would be overlaid with accumulations of legend, and symbolised into excess. It is at this point that Hebrew Law. 61 the political chief would be in danger of gra- dually developing into a power at once hostile to the authority of God and to the progress of society. Let loose from the restraint of a moral rule enforced by sacred sanctions of religion, tradi- tions of affection, and deep tribal sympathies, it is evident that the strong would begin to assert themselves more unrestrainedly, and that the weak would begin to suffer in pro- portion. Adventurous and gifted men would substitute personal merit for rank in the family as the ground of chieftainship, and the society, passing beyond the limits of the gens or clan, would be extended as far as the capacities and achievements of the ruler would permit. Such a condition may have been an ap- proach to social advance, but would be one attended with drawbacks, for after the original patriarchal tie had once been broken through, it might take long to reconstruct the delicate machinery of a fresh moral claim on behalf of the weak against the strong, of a fresh public opinion for its support, of a fresh positive law 62 Hebrew Law. to define its shape, and a fresh central autho- rity to sustain its activity. In the absence of all this, or prior to it, we should have to expect social disorder, such as uprisings of the oppressed, inroads upon per- sonal security, and upon morals and property, and also a gradual exaggeration of patriarchal phenomena : the subjugation of the weak, chil- dren kept severely under power, women re- strained into seclusion, and the mass of men brought into servitude. And such, in fact, is usually found as the condition of the ancient post-patriarchal world, and of those modern societies which may still be seen in something like that state of transition. Here, in short, would be patriarchal methods, but without the patriarchal spirit. Family subjection un- tempered by family affection. Absolutism of position with no limitations from feeling ; the husks of the past preparing the soil of the future. On reviewing the whole ground of the ques- tion, then, it may appear very natural that a difficulty should have presented itself to writers like Aristotle, while observing the vast influence Hebrew Law. 63 of individual chiefs, in understanding how this could have arisen and been sustained. Such a writer could not easily suppose personal pre- eminence universal enough to account for it. The idea of supernatural sanctions as its sup- port had come down to his days enfolded in such distorted legends that it was not often seriously dealt with by philosophy. The question which embarrassed him still remains to be met. If the chief of the later or poetic age were merely an heroic " Basileus," chief by his merit in war and in council, his position would be simple and easy to be un- derstood; but mixed in with these qualities there are found numerous traces both of family headship and allegiance, and also of religious functions and prerogatives, all attached to his office or person. This throws us back at once upon the remoter patriarchal system, and we have to suppose its prior existence as described in Scripture as the foundation and cause of these peculiarities in later society. Some persons, perhaps unwilling to allow this explanation, have recently attempted to account for these phenomena by affirming as 64 Hebrew Law. something certain that in the infancy of man- kin d there was no conception at all of law as a system or set of rules endued with a continuing force, but that every law was conceived of as a separate inspiration from above given to the tribe through the chief; that there was no power in men's minds of dividing religion, morals, and legislation into distinct topics, ac- cording to our present ways of regarding them, but that these subjects were all mixed up to- gether in the mind ; that there were hardly even customs existing in connection with them, but that when emergency called them out they were regarded as emanations for the occasion which descended from above, and that in this way the special dignity and pre-eminence of chiefs first came to be believed in. But assuming these statements (though dif- ficult perhaps of exact proof) to have been quite accurately made, we are at once struck with the following inference : how completely this theory brings us — where its authors may not intend — within the range of the books of the Pentateuch, and how far more naturally and probably the narrative of that Hebrew Law. 65 part of Scripture accounts for the ancient con- dition of the social world than do the surmises intended to supplant it. If the mind of man in its earlier stages was thus weak in power ; unable by itself to frame rules of action in such a way as to be impressive ; what more likely than that the Divine Author should give it the needed help ; that He should come to it again and again with a command in great matters delivered to its venerated leaders, and so im- press them and enable them to impress others, and that then afterwards, when habits of thought were formed, and accumulations of experience made, He should gradually with^- draw from this immediate action, and out of respect for our freedom veil Himself, as we find He does at present. Such a supposition would afford at once a sufficient ground for ex- pecting just such Divine dealings as Scripture describes to us as having actually taken place. And further, suppose it the case that in those earliest times religion, social govern- ment, and morals were mixed in with law, is that an infirmity or defect ? Is it not rather just the high character and tone which law K 66 Hebrew Law. would take while a Divine Power was moving immediately among its arrangements ; a pre- monition of that which we hope for as the future ideal when the Will of God immediately present and unreservedly accepted shall intro- duce a personal divine rule and a direct wor- ship, which together shall bind up in a perfect polity both the social, mental, and religious man. Nor indeed are we to take it too readily for granted that the sharp distinctions supposed between modern law, religion, and morals exist always in more than a technical way, or that where they are really admitted they represent an improvement and advance in- stead of a decline in man's position. Surely it is not anything to boast of that a community can regulate its action in one of such points without reference to the rest of them; and surely any mental conception and treatment of one of these subjects without regard to the bearings of the rest can hardly be regarded as comprehensive and complete. We conclude, then, generally that the an- cient patriarch as an original mover of law Hebrew Law. 67 presents to us the mental point of departure of the whole system of society — reverence for an authority based upon affection, and supported by divine communications ; regard for life, domestic ties, property, and good name, as all within the circle of which the one revered family head was the centre, and over which the unseen Divinity was wielding his sanctions. The succeeding depravations show us the heart and life withdrawn from this old system, and its external forms consequently aggravated by the corruption of their very beauty, and forced into all the more unsightly and harder methods of tyranny. At this point the Law of Moses came in to accept and appropriate all the ground made good by advancing civilisation, but to reject its errors, and to plant again all those early principles which were fading or dying out ; to emphasise with the authority of Jehovah the duties and affections which spring from the family source, and, by grouping all together round the idea of home, to ingrain into the very soil of society the foundation thought of love. 68 Hebrew Law. The commandments of Sinai are thus not mere abrupt and fragmentary utterances. They are the complement of the earliest good estate of the world, the recipe for its later corruptions, the line upon which its advancing course is to run, and the significant forecast of its com- pletest future. The fatherhood once more brought into the ascendant does not indeed recover its political position, but it gives us glimpses of its still more splendid expansion in the coming fatherhood of the future, while from this there depend the graces of fraternal society represented in the rules of the law as to love, purity, justice, truth, and absence of self-seeking ; graces, whose notes, examplars, exercise, and abandonments are illustrated in the earliest Mosaic record ; then distinctly thrown into the form of command ; then, again, seen gradually vindicating themselves in his- tory, until they find their full ratification in the teaching and conduct of Jesus, and after him their ever widening sphere in the Church of the Spirit, which he founded, so that these principles are now the safeguards of society, the constant antagonists of all forces which Hebrew Law. 69 would fetter its energies, disturb its progress, and corrupt its tone, and thus the gradual pre- parers of the final condition when the matured life shall have at length realised in the highest degree those relationships which it at first knew of but in shadows and lesser forms. Lastly, then, we may emphasise this obser- vation that in the theory of society which revelation puts forward, we find progress secured by just the same sort of counterplay between contending principles of good and evil which are found at work in the actual world. We have, that is, depressions of the great patriarchal idea so morally dignified and so fit to be the first gift brought out of Para- dise. We have those depressions as effects partly of social, but mainly of moral changes, and we have in them by the side of certain advantages, such as a more organised and duc- tile polity, proportionate difficulties, a paling and a falling away, for instance, of the filial brotherly and paternal sentiments which were and always must be among the most cogent which can exist among us. We find the whole series of family ideas and incidents prevailing in 70 Hebrew Law. appearance in the oriental despotism, but lowered in tone and value ; and then we have in the crisis of the Hebrew commonwealth an appropriation of all the best results of this strong civil rule, but a new reinvigoration of the whole with the family spirit. We venture to think that the foundation of this Hebrew state thus presents a central point in sociology. The fusion of the family of Abraham with a selection of Egyptian methods was the junction of the highest phase of patri- archal life with the best parts of monarchism. The Hebrews had shown the extent of their development by the tenacity of their isolation. The vigour of the principles which animated them may best be estimated by their long- continued resistance and power of rebound. They had that immense vitality which is still found in a degree among tribes kept together by the patriarchal feeling. The Hebrew, even independent of his spiri- tual uses, was perhaps the best conceivable vehicle for restoring or continuing this great principle of society. In the Hebrew State the family spirit budded once more. Through the Hebrew Law. j\ vicissitudes of that State in connection with Egypt, Babylon, the Greeks, and Home, the whole mass of civilisation became gradually prepared to receive this principle in the strong way in which Christianity was at length to endorse it. What was at first a family nation had already under the Hebrew kings become a family of the religious within a nation. This had been the work of the prophets. In the Gospel the religious were finally advanced to be a family within all nations. All the world was to be a brotherhood, but with individual rights and responsibilities fully recognised, for each nation also was to be in a certain sense a fatherhood. The influence of Christianity wherever it has prevailed has restored to governments, no matter what their outer form, something of the spirit which breathed in the original tent life. Though the main leader is no longer the human ruler, but the divine, the human chief is respected as the vicegerent of heaven, and social relationships are impressed again with the beginnings of family regard. Wherever, on the other hand, Christianity has been comparatively unsuccessful through defective methods of presentment, or through 72 Hebrew Law. an express rejection by the influences of society, there have been again exhibited those turbu- lences, revolutions, and class animosities which were so frequent in the ancient imperial world. Kevelation, then, we have to regard not merely as religious, but as governmental ; as the union of man with the moral Governor not merely for the future, but for the present as well ; not merely to secure us for the coming life, but also for that which now is. The system of Moses we regard not as something which may be accepted or let alone, but as an essential constituent of the original whole, necessary not only for the development of reli- gion, but for the advance of society as well, and precious in our civil liberties and happi- ness as it is in our spiritual condition and prosperity. We are constrained, therefore, to think, without now speaking of the soul, those persons sadly infatuated who, having any of this world's benefits to lose either for them- selves or their families, conspire to weaken by indifference or opposition orthodox religious convictions which there is so much reason to believe to be the preserving salt of society, as well as the seeds for heaven. Hebrew Law. 73 CHAPTER IV. Theke has been, both in the order of society itself and also of its two guides, law and religion, a course of development some- what similar in kind. Society beginning in the home passes through the period of tyranny, and advances to responsible govern- ment ; law beginning at expressions of pater- nal will, hardens into custom, from which it by degrees emerges into adapted legislation ; religion first bowing to revelations at the patriarchal altar, afterwards prostrates itself, as we shall presently find, before the departed patriarch himself, but at last rises to direct communications with the Divine. In each of these spheres we seem to have the preliminary position of an infant community, the aberra- tion of its early advance, and then its final settlement in the higher station. The history of civilisation is thus an outward L 74 Hebrew Law. epitomised expression of the complete destiny of the race; that is, of a childhood infantile under God, a youth slavish under sin, and a maturity manly in the Church of the first- born. The Mosaic history again expresses in a still more condensed form the same pro- gression: the family state under Jacob, the servile under Pharaoh, the free under Moses — a serial arrangement which is appropriate, since that history has been a special agency by means of which the advance of mankind has been carried forward. Thus, then, revealed religion, truly understood, is not a some- thing rigid and archaic, reared up by the side of civil life and social advance, distinct from and indifferent to them, but it is the seed, and soul, and spring — the very life-blood, nerve, and muscle of all that is vital and valuable in our affairs, from which there surely comes, and to which there may probably be traced, what is really true and good in them. But before showing the workings of the Law of Moses in this respect, we should go on from the decline of the patriarchal state into tyrannies, to note the decline of the Hebrew Law. 75 patriarchal religion into idolatries ; that is to say, before describing the return, we should complete our account of the wandering away. Though increase and movement of popula- tion would be one cause of the break up of the patriarchal system, the severe and sudden convulsions attending the change seem to show wide-spread moral corruption as a further cause. There may have been pressure on the part of tribe-leaders, but before this there must have been some solicitation of pressure by the tribes. When peoples are enslaved, they are themselves usually forgers of the chain. The tyrannies which desolate their life are but the recoil of their own follies and offending. The one primeval altar may probably have been designed as the basis to support the one parental centre of social unity in the early world, even as the tabernacle or temple afterwards became the central institution to keep up the national integrity of the descend- ants of Abraham. The disruption from the primeval family would tend to cause schism from the patriarchal altar, as it did afterwards 76 Hebrew Law. in the divided kingdoms of Judah and Israel, In the new societies, involved often in attacks on the life and property of their neighbours, religion, already separated from its centre, would soon further decline. The faith of a community will not remain far in advance of its morals, and a national career essentially untrue would by degrees tinge early religion with its falsehoods. The lowest point of worship reached by them, in which imaginary deities, themselves reputed criminal, were pro- pitiated by criminal acts of their votaries, expressed the extremest departure not only from the ancient patriarchal faith, but also from its morality. We may now go on to observe how, human passions having usurped the place of divine law, human personality substituted itself for divine fatherhood, underneath which, since the passions dominating society were evil, the author of evil came to be the " prince of this world ; " the tyrannies which were rampant in it being his tyranny ; the worship which was offered in it becoming a sacrifice to devils. There was, doubtless, much in the ancient Hebrew Law. 77 chief to impress the imagination of early society. Even apart from Scripture, we have evidence that his authority was final, and that his position was considered almost sacred. His judgments were respected as in some measure divine, and his person regarded with a reverence approaching to worship. Traces of this ancient idea are found extending even far on in history. Thus Strabo comments on the almost divine honour (