And all the people shall hear, and fear, and do no more presumptuously.
Deuteronomy 17:13 KJV

Cross References (2)

Commentary

Matthew Henry · 1708–1710 · Public Domain

Here is, I. A law for preserving the honour of God's worship, by providing that no creature that had any blemish should be offered in sacrifice to him, Deu 17:1. This caveat we have often met with: Thou shalt not sacrifice that which has any blemish, which renders it unsightly, or any evil matter or thing (as the following word night better be rendered), any sickness or weakness, though not discernible at first view; it is an abomination to God. God is the best of beings, and therefore whatsoever he is served with ought to be the best in its kind. And the Old Testament sacrifices in a special manner must be so, because they were types of Christ, who is a Lamb without blemish or spot (Pe1 1:19), perfectly pure from all sin and all appearance of it. In the latter times of the Jewish church, when by the captivity in Babylon they were cured of idolatry, yet they were charged with profaneness in the breach of this law, with offering the blind, and the lame, and the sick for sacrifice, Mal 1:8. II. A law for the punishing of those that worshipped false gods. It was made a capital crime to seduce others to idolatry (ch. 13), here it is made no less to be seduced. If the blind thus mislead the blind, both must fall into the ditch. Thus God would possess them with a dread of that sin, which they must conclude exceedingly sinful when so many sanguinary laws were made against it, and would deter those from it that would not otherwise be persuaded against it; and yet the law, which works death, proved ineffectual. See here, 1. What the crime was against which this law was levelled, serving or worshipping other gods, Deu 17:3. That which was the most ancient and plausible idolatry is specified, worshipping the sun, moon, and stars; and, if that was so detestable a thing, much more was it so to worship stocks and stones, or the representations of mean and contemptible animals. Of this it is said, (1.) That it is what God had not commanded. He had again and again forbidden it; but it is thus expressed to intimate that, if there had been no more against it, this had been enough (for in the worship of God his institution and appointment must be our rule and warrant), and that God never commanded his worshippers to debase themselves so far as to do homage to their fellow-creatures: had God commanded them to do it, they might justly have complained of it as a reproach and disparagement to them; yet, when he has forbidden it, they will, from a spirit of contradiction, put this indignity upon themselves. (2.) That it is wickedness in the sight of God, Deu 17:2. Be it ever so industriously concealed, he sees it, and, be it ever so ingeniously palliated, he hates it: it is a sin in itself exceedingly heinous, and the highest affront that can be offered to Almighty God. (3.) That it is a transgression of the covenant. It was on this condition that God took them to be his peculiar people, that they should serve and worship him only as their God, so that if they gave to any other the honour which was due to him alone that covenant was void, and all the benefit of it forfeited. Other sins were transgressions of the command, but this was a transgression of the covenant. It was spiritual adultery, which breaks them marriage bond. (4.) That it is abomination in Israel, Deu 17:4. Idolatry was bad enough in any, but it was particularly abominable in Israel, a people so blessed with peculiar discoveries of the will and favour of the only true and living God. 2. How it must be tried. Upon information given of it, or any ground of suspicion that any person whatsoever, man or woman, had served other gods, (1.) Enquiry must be made, Deu 17:4. Though it appears not certain at first, it may afterwards upon search appear so; and, if it can possibly be discovered, it must not be unpunished; if not, yet the very enquiry concerning it would possess the country with a dread of it. (2.) Evidence must be given in, Deu 17:6. How heinous and dangerous soever the crime is, yet they must not punish any for it, unless there were good proof against them, by two witnesses at least. They must not, under pretence of honouring God, wrong an innocent man. This law, which requires two witnesses in case of life, we had before, Num 35:30; it is quoted, Mat 18:16. 3. What sentence must be passed and executed. So great a punishment as death, so great a death as stoning, must be inflicted on the idolater, whether man or woman, for the infirmity of the weaker sex would be no excuse, Deu 17:5. The place of execution must be the gate of the city, that the shame might be the greater to the criminal and the warning the more public to all others. The hands of the witnesses, in this as in other cases, must be first upon him, that is, they must cast the first stone at him, thereby avowing their testimony, and solemnly imprecating the guilt of his blood upon themselves if their evidence were false. This custom might be of use to deter men from false-witness bearing. The witnesses are really, and therefore it was required that they should be actually, the death of the malefactor. But they must be followed, and the execution completed, by the hands of all the people, who were thus to testify their detestation of the crime and to put the evil away from among them, as before, Deu 13:9.

Courts of judgment were ordered to be erected in every city (Deu 16:18), and they were empowered to hear and determine causes according to law, both those which we call pleas of the crown and those between party and party; and we may suppose that ordinarily they ended the matters that were brought before them, and their sentence was definitive; but, 1. It is here taken for granted that sometimes a case might come into their court too difficult for those inferior judges to determine, who could not be thought to be so learned in the laws as those that presided in the higher courts; so that (to speak in the language of our law) they must find a special verdict, and take time to advise before the giving of judgment (Deu 17:8): If there arise a matter too hard for thee in judgment, which it would be no dishonour to the judges to own the difficulty of, - suppose it between blood and blood, the blood of a person which cried and the blood of him that was charged with the murder which was demanded, when it was doubtful upon the evidence whether it was wilful or casual, - or between plea and plea, the plea (that is, the bill or declaration) of the plaintiff and the plea of the defendant, - or between stroke and stroke, in actions of assault and battery; in these and similar cases, thought the evidence were plain, yet doubts might arise about the sense and meaning of the law and the application of it to the particular case. 2. These difficult cases, which hitherto had been brought to Moses, according to Jethro's advice, were, after his death, to be brought to the supreme power, wherever it was lodged, whether in a judge (when there was such an extraordinary person raised up and qualified for that great service, as Othniel, Deborah, Gideon, etc.) or in the high-priest (when he was by the eminency of his gifts called of God to preside in public affairs, as Eli), or, if no single person were marked by heaven for this honour, then in the priests and Levites (or in the priests, who were Levites of course), who not only attended the sanctuary, but met in council to receive appeals from the inferior courts, who might reasonably be supposed, not only to be best qualified by their learning and experience, but to have the best assistance of the divine Spirit for the deciding of doubts, Deu 17:9, Deu 17:11, Deu 17:12. They are not appointed to consult the urim and thummim, for it is supposed that these were to be consulted only in cases relating to the public, either the body of the people or the prince; but in ordinary cases the wisdom and integrity of those that sat at the stern must be relied on, their judgment had not the divine authority of an oracle, yet besides the moral certainty it had, as the judgment of knowing, prudent, and experienced men, it had the advantage of a divine promise, implied in those words (Deu 17:9), They shall show thee the sentence of judgment; it had also the support of a divine institution, by which they were made the supreme judicature of the nation. 3. The definitive sentence given by the judge, priest, or great council, must be obeyed by the parties concerned, upon pain of death: Thou shalt do according to their sentence (Deu 17:10); thou shalt observe to do it, thou shalt not decline from it (Deu 17:11), to the right hand nor to the left. Note, It is for the honour of God and the welfare of a people that the authority of the higher power be supported and the due order of government observed, that those be obeyed who are appointed to rule, and that every soul be subject to them in all those things that fall within their commission. Though the party thought himself injured by the sentence (as every man is apt to be partial in is own cause), yet he must needs be subject, must stand to the award, how unpleasing soever, and bear, or lose, or pay, according to it, not only for wrath, but also for conscience' sake. But if an inferior judge contradict the sentence of the higher court and will not execute the orders of it, or a private person refuse to conform to their sentence, the contumacy must be punished with death, though the matter were ever so small in which the opposition was made: That man shall die, and all the people shall hear and fear, Deu 17:12, Deu 17:13. See here, (1.) The evil of disobedience. Rebellion and stubbornness, from a spirit of contradiction and opposition of God, or those in authority under him, from a principle of contempt and self-willedness, are as witchcraft and idolatry. To differ in opinion from weakness and infirmity may be excused and must be borne with; but to do so presumptuously, in pride and wickedness (as the ancient translations explain it), this is to take up arms against the government, and is an affront to him by whom the powers that be are ordained. (2.) The design of punishment: that others may hear and fear, and not do the like. Some would be so considerate as to infer the heinousness of the offence from the grievousness of the penalty, and therefore would detest it; and others would so far consult their own safety as to cross their humours by conforming to the sentence rather than to sin against their own heads, and forfeit their lives by going contrary to it. From this law the apostle infers the greatness of the punishment of which those will be thought worthy that trample on the authority of the Son of God, Heb 10:28, Heb 10:29.

Context

11 According to the sentence of the law which they shall teach thee, and according to the judgment which they shall tell thee, thou shalt do: thou shalt not decline from the sentence which they shall shew thee, to the right hand, nor to the left.

12 And the man that will do presumptuously, and will not hearken unto the priest that standeth to minister there before the LORD thy God, or unto the judge, even that man shall die: and thou shalt put away the evil from Israel.

13 And all the people shall hear, and fear, and do no more presumptuously.

14 When thou art come unto the land which the LORD thy God giveth thee, and shalt possess it, and shalt dwell therein, and shalt say, I will set a king over me, like as all the nations that are about me;

15 Thou shalt in any wise set him king over thee, whom the LORD thy God shall choose: one from among thy brethren shalt thou set king over thee: thou mayest not set a stranger over thee, which is not thy brother.

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