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

4. Then three shalt inquire ³⁰⁷³⁰⁷     A.V., translates this word in the past tense, “and hast inquired." diligently. Although this moderation here refers only to the present matter, yet should it always be maintained in judicial proceedings, lest innocent persons should be treated with undue severity. Again, we must remember what I have said elsewhere, that judges are here not only restrained from precipitate condemnation, but also stimulated to beware of passing over, in idleness or negligence, anything that was necessary to be known. For they often fail in their duty, because they wilfully connive at guilt; and thus that which would be manifest if they would be at the pains to make more diligent inquiry, does not come to light. God, then, would not have them slumber nor take no notice of sinister reports, but rather inquire diligently as to things which may have come to their cars, so that no crime may remain unpunished. The same is the case as to witnesses; for whilst it would be unjust to pronounce sentence on the testimony of one man, still, if two or three will not suffice, there would be no end to litigation. Fitly, then, has God prescribed to judges both that they shall not be rashly credulous, and yet that they shall be content with the lawful number of witnesses; but this point will be more largely treated of elsewhere in commenting both on the Sixth and Ninth Commandments.

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

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

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

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

Certainly, as the cognisance of capital crimes properly belonged to judges of the other tribes, so determinations as to precepts and statutes, and the interpretation of the whole Law, was the peculiar province of the priests; nor can we doubt but that the words of Malachi, (Malachi 2:7,) “the priests’ lips should keep knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of hosts,” were taken from this passage. Now, to come to the sum of this, God appoints the seat of judgment to be at the sanctuary; for, although in the first verse He seems to nominate the priests and judges indiscriminately to the decision of earthly quarrels, yet in the fourth verse from this He sufficiently shews that another province is committed to the priests, i.e., to keep the people in sound and pure doctrine, and to expound what is right — in a word, to be the teachers of the Church. But, although the people were to assent to whatever they should decide, so that it would be sinful for them to decline from it to the right hand or the left, yet a tyrannical power was not thus put into their hands, as if, when they had arbitrarily changed light into darkness, their perverted decisions were to be deemed oracular. Their interpretation was to be received without appeal; yet, on the other hand, this rule was prescribed to them, that they should speak as from the mouth of God. It is true that the word here used is, תורה, ²⁰⁶²⁰⁶     על-פי תורה, ver. 11. “According to the sentence of the law,” A. V. The noun תורה is avowedly formed from the verb, ירה whose most ordinary meaning in Hiphil is to teach. Hence the noun in its primary meaning signifies teaching. פי is the mouth, and hence the voice, which proceeds from it. על-פי according to the word, or declaration. —. W. thorah; which, although it means teaching, yet undoubtedly signifies that teaching which is comprised in the Law, nay, it is equivalent to the word law. And of this Jehoshaphat is a faithful interpreter, when he enumerates the divisions, of which Scripture everywhere shews the Law of Moses to consist. Although פי, phi, taken metaphorically, is equivalent in Hebrew to discourse, yet it here emphatically expresses the sentence which shall be taken from the pure teaching of the Law. The children of Israel, therefore, are commanded to do what the priests shall have taught them; but how? according to the sentence taken from the Law. Nor can it be doubted but that God at the same time furnished those, whom He desired to exalt to such a high dignity, with the spirit of understanding and rectitude, that they might not deliver any improper sentence. And this also is conveyed by the promise, “They shall shew thee the sentence of judgment:” since it would have been absurd that the people should have obeyed God in vain, and to their own destruction. Since now one sole Priest, who is also our Master, even Christ, is set over us, wo be unto us if we do not simply submit ourselves to His word, and are not ready to obey Him, with all the modesty and teachableness that becomes us.

He pronounces a similar punishment on those who shall have contumaciously rejected the judgment of the priests. We have already seen that the prophetical office was united with the priesthood; since, according to Malachi 2:4, the covenant of God was with Levi, that his descendants might be the guardians of His knowledge, and the interpreters of His law: yet God often punished the laxity of the priests, by setting other teachers over his people. At any rate, both were ambassadors for Him. Since, therefore, the authority of the prophets had been sanctioned above, the same rights are now conferred upon the priests; nor is this surprising, for it was no trifling crime to despise God, the appointer of this order. Yet we must remember what I have elsewhere stated, that the priests were not armed with tyrannical authority, so that it was sinful to reject whatever they might have decreed according to their own fancy. For neither did God dethrone Himself when He appointed them, nor did He bind men’s consciences to obey their ordinances without distinction, but only would put reins on the audacity of those who have no scruple in undervaluing the government of the Church. For this must be considered, that foul and horrible would be the disorder, if men were promiscuously permitted to reject whatever the rulers of the Church may have appointed; and it would be ridiculous that persons should be called to govern, to whom no dignity should be accorded; and, therefore, natural reason itself shews and dictates, that the reverence, which is here demanded, is due to all lawful commands. God was the author of the priesthood: He, too, ordained judges. What could be more absurd than that they should be despised and laughed at with impunity, who presided in the name and by the command of God? But He has never exalted a mortal man so high as to abdicate His own rights; nay, it was often necessary boldly to reject what the priests had commanded. Urijah the priest built a profane altar in the fashion of that at Damascus, which Ahaz had sent, and offered a sacrifice thereon, ⁵⁵⁵⁵     “Ce vilein traistre Urie y offroit;” that vile traitor Urijah offered on it. — Fr. (2 Kings 16:12,) was it necessary that Isaiah should acquiesce in this? Nay, detestable was the adulation of all who assented to the decree of a wicked and perfidious priest. Moreover, we see that the prophets were very often so far from agreeing with the priests, that they waged open war with them. But the whole of this matter is decided by the words of Moses, for he does not unreservedly condemn all who should not obey, but restricts his law by the addition of a special mark, viz., if the contempt should arise from presumption or arrogance. Therefore it was not else a capital crime to disobey the priest or the judge, unless any one should insolently and proudly oppose himself to the ordinance established by God. Otherwise this exception would have been interposed without reason. In fine, the priests of old were to be obeyed, as far as it concerned the public peace that the pastors ordained by God should be reverently honored; yet so as that there should be no departure from God Himself, the one Head and Prince of all pastors. We have elsewhere seen how foolishly the Papists take this to themselves ⁵⁶⁵⁶     “Combien les Papistes sont sots et badins, voulant faire leur profit de ce passage;” how silly and trifling the Papists are, in seeking to make their profit of this passage. — Fr.

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