A Theological-Political Treatise [Part IV] — Key Ideas to Explore

ses had so chosen his successor, who like him should wield the sole right of government, possessing the sole right of consulting God, and consequently of making and abrogating laws, of deciding on peace or war, of sending ambassadors, appointing judges - in fact, discharging all the functions of a sovereign, the state would have become simply a monarchy, only differing from other monarchies in the fact, that the latter are, or should be, carried on in accordance with God's decree, unknown even to the monarch, whereas the Hebrew monarch would have been the only person to whom the decree was revealed. (63) A difference which increases, rather than diminishes the monarch's authority. (64) As far as the people in both cases are concerned, each would be equally subject, and equally ignorant of the Divine decree, for each would be dependent on the monarch's words, and would learn from him alone, what was lawful or unlawful: nor would the fact that the people believed that the monarch was only issuing commands in accordance with God's decree revealed to him, make it less in subjection, but rather more. [17:6] (65) However, Moses elected no such successor, but left the dominion to those who came after him in a condition which could not be called a popular government, nor an aristocracy, nor a monarchy, but a Theocracy. (66) For the right of interpreting laws was vested in one man, while the right and power of administering the state according to the laws thus interpreted, was vested in another man (see Numb. xxvii:21) [Endnote 31].

(17:67) In order that the question may be thoroughly understood, I will duly set forth the administration of the whole state.

(68) First, the people were commanded to build a tabernacle, which should be, as it were, the dwelling of God - that is, of the sovereign authority of the state. (69) This tabernacle was to be erected at the cost of the whole people, not of one man, in order that the place where God was consulted might be public property. (70) The Levites were chosen as courtiers and administrators of this royal abode; while Aaron, the brother of Moses, was chosen to be their chief and second, as it were, to God their King, being succeeded in the office by his legitimate sons.

(17:71) He, as the nearest to God, was the sovereign interpreter of the Divine laws; he communicated the answers of the Divine oracle to the people, and entreated God's favour for them. (72) If, in addition to these privileges, he had possessed the right of ruling, he would have been neither more nor less than an absolute monarch; but, in respect to government, he was only a private citizen: the whole tribe of Levi was so completely divested of governing rights that it did not even take its share with the others in the partition of territory. (73) Moses provided for its support by inspiring the common people with great reverence for it, as the only tribe dedicated to God.

(17:74) Further, the army, formed from the remaining twelve tribes, was commanded to invade the land of Canaan, to divide it into twelve portions, and to distribute it among the tribes by lot. (75) For this task twelve captains were chosen, one from every tribe, and were, together with Joshua and Eleazar, the high priest, empowered to divide the land into twelve equal parts, and distribute it by lot. (76) Joshua was chosen for the chief command of the army, inasmuch as none but he had the right to consult God in emergencies, not like Moses, alone in his tent, or in the tabernacle, but through the high priest, to whom only the answers of God were revealed. (77) Furthermore, he was empowered to execute, and cause the people to obey God's commands, transmitted through the high priests; to find, and to make use of, means for carrying them out; to choose as many army captains as he liked; to make whatever choice he thought best; to send ambassadors in his own name; and, in short, to have the entire control of the war. (78) To his office there was no rightful successor - indeed, the post was only filled by the direct order of the Deity, on occasions of public emergency. (79) In ordinary times, all the management of peace and war was vested in the captains of the tribes, as I will shortly point out. (80) Lastly, all men between the ages of twenty and sixty were ordered to bear arms, and form a citizen army, owing allegiance, not to its general-in-chief, nor to the high priest, but to Religion and to God. (81) The army, or the hosts, were called the army of God, or the hosts of God. (82) For this reason God was called by the Hebrews the God of Armies; and the ark of the covenant was borne in the midst of the army in important battles, when the safety or destruction of the whole people hung upon the issue, so that the people might, as it were, see their King among them, and put forth all their strength.

(17:83) From these directions, left by Moses to his successors, we plainly see that he chose administrators, rather than despots, to come after him; for he invested no one with the power of consulting God, where he liked and alone, consequently, no one had the power possessed by himself of ordaining and abrogating laws, of deciding on war or peace, of choosing men to fill offices both religious and secular: all these are the prerogatives of a sovereign. (84) The high priest, indeed, had the right of interpreting laws, and communicating the answers of God, but he could not do so when he liked, as Moses could, but only when he was asked by the general-in-chief of the army, the council, or some similar authority. (85) The general-in-chief and the council could consult God when they liked, but could only receive His answers through the high priest; so that the utterances of God, as reported by the high priest, were not decrees, as they were when reported by Moses, but only answers; they were accepted by Joshua and the council, and only then had the force of commands and decrees.

(17:86) The high priest, both in the case of Aaron and of his son Eleazar, was chosen by Moses; nor had anyone, after Moses' death, a right to elect to the office, which became hereditary. (87) The general-in-chief of the army was also chosen by Moses, and assumed his functions in virtue of the commands, not of the high priest, but of Moses: indeed, after the death of Joshua, the high priest did not appoint anyone in his place, and the captains did not consult God afresh about a general-in-chief, but each retained Joshua's power in respect to the contingent of his own tribe, and all retained it collectively, in respect to the whole army. (88) There seems to have been no need of a general-in-chief, except when they were obliged to unite their forces against a common enemy. (89) This occurred most frequently during the time of Joshua, when they had no fixed dwelling. place, and possessed all things in common. [17:7] (90) After all the tribes had gained their territories by right of conquest, and had divided their allotted gains, they, became separated, having no longer their possessions in common, so that the need for a single commander ceased, for the different tribes should be considered rather in the light of confederated states than of bodies of fellow-citizens. (91) In respect to their God and their religion, they, were fellow-citizens; but, in respect to the rights which one possessed with regard to another, they were only confederated: they, were, in fact, in much the same position (if one excepts the Temple common to all) as the United States of the Netherlands {or United States of America}. (92) The division of property held in common is only another phrase for the possession of his share by each of the owners singly, and the surrender by the others of their rights over such share. (93) This is why Moses elected captains of the tribes - namely, that when the dominion was divided, each might take care of his own part; consulting God through the high priest on the affairs of his tribe, ruling over his army, building and fortifying cities, appointing judges, attacking the enemies of his own dominion, and having complete control over all civil and military affairs. (94) He was not bound to acknowledge any superior judge save God [Endnote 32], or a prophet whom God should expressly send. (95) If he departed from the worship of God, the rest of the tribes did not arraign him as a subject, but attacked him as an enemy. (95) Of this we have examples in Scripture. (96) When Joshua was dead, the children of Israel (not a fresh general-in-chief) consulted God; it being decided that the tribe of Judah should be the first to attack its enemies, the tribe in question contracted a single alliance with the tribe of Simeon, for uniting their forces, and attacking their common enemy, the rest of the tribes not being included in the alliance (Judges i:1, 2, 3). (97) Each tribe separately made war against its own enemies, and, according to its pleasure, received them as subjects or allies, though it had been commanded not to spare them on any conditions, but to destroy them utterly. (98) Such disobedience met with reproof from the rest of the tribes, but did not cause the offending tribe to be arraigned: it was not considered a sufficient reason for proclaiming a civil war, or interfering in one another's affairs. (99) But when the tribe of Benjamin offended against the others, and so loosened the bonds of peace that none of the confederated tribes could find refuge within its borders, they attacked it as an enemy, and gaining the victory over it after three battles, put to death both guilty and innocent, according to the laws of war: an act which they subsequently bewailed with tardy repentance.

(17:100) These examples plainly confirm what we have said concerning the rights of each tribe. (101) Perhaps we shall be asked who elected the successors to the captains of each tribe; on this point I can gather no positive information in Scripture, but I conjecture that as the tribes were divided into families, each headed by its senior member, the senior of all these heads of families succeeded by right to the office of captain, for Moses chose from among these seniors his seventy coadjutors, who formed with himself the supreme council. (102) Those who administered the government after the death of Joshua were called elders, and elder is a very common Hebrew expression in the sense of judge, as I suppose everyone knows; however, it is not very important for us to make up our minds on this point. (103) It is enough to have shown that after the death of Moses no one man wielded all the power of a sovereign; as affairs were not all managed by one man, nor by a single council, nor by the popular vote, but partly by one tribe, partly by the rest in equal shares, it is most evident that the government, after the death of Moses, was neither monarchic, nor aristocratic, nor popular, but, as we have said, Theocratic. (104) The reasons for applying this name are:

(17:105) I. Because the royal seat of government was the Temple, and in respect to it alone, as we have shown, all the tribes were fellow-citizens.

(106) II. Because all the people owed allegiance to God, their supreme Judge, to whom only they had promised implicit obedience in all things.

(17:107) III. Because the general-in-chief or dictator, when there was need of such, was elected by none save God alone. (108) This was expressly commanded by Moses in the name of God (Deut. xix:15), and witnessed by the actual choice of Gideon, of Samson, and of Samuel; wherefrom we may conclude that the other faithful leaders were chosen in the same manner, though it is not expressly told us.

(17:109) These preliminaries being stated, it is now time to inquire the effects of forming a dominion on this plan, and to see whether it so effectually kept within bounds both rulers and ruled, that the former were never tyrannical and the latter never rebellious.

(17:110) Those who administer or possess governing power, always try to surround their high-handed actions with a cloak of legality, and to persuade the people that they act from good motives; this they are easily able to effect when they are the sole interpreters of the law; for it is evident that they are thus able to assume a far greater freedom to carry out their wishes and desires than if the interpretation if the law is vested in someone else, or if the laws were so self-evident that no one could be in doubt as to their meaning. [17:8] (111) We thus see that the power of evil-doing was greatly curtailed for the Hebrew captains by the fact that the whole interpretation of the law was vested in the Levites (Deut. xxi:5), who, on their part, had no share in the government, and depended for all their support and consideration on a correct interpretation of the laws entrusted to them. (112) Moreover, the whole people was commanded to come together at a certain place every seven years and be instructed in the law by the high-priest; further, each individual was bidden to read the book of the law through and through continually with scrupulous care. (Deut. xxxi:9, 10, and vi:7.)

(113) The captains were thus for their own sakes bound to take great care to administer everything according to the laws laid down, and well known to all, if they wished to be held in high honour by the people, who would regard them as the administrators of God's dominion, and as God's vicegerents; otherwise they could not have escaped all the virulence of theological hatred. (114) There was another very important check on the unbridled license of the captains, in the fact, that the army was formed from the whole body, of the citizens, between the ages of twenty and sixty, without exception, and that the captains were not able to hire any foreign soldiery. (115) This I say was very important, for it is well known that princes can oppress their peoples with the single aid of the soldiery in their pay; while there is nothing more formidable to them than the freedom of citizen soldiers, who have established the freedom and glory of their country, by their valour, their toil, and their blood. (116) Thus Alexander, when he was about to make wax on Darius, a second time, after hearing the advice of Parmenio, did not chide him who gave the advice, but Polysperchon, who was standing by. (117) For, as Curtius says (iv. Para. 13), he did not venture to reproach Parmenio again after having shortly before reproved him too sharply. (118) This freedom of the Macedonians, which he so dreaded, he was not able to subdue till after the number of captives enlisted in the army surpassed that of his own people: then, but not till then, he gave rein to his anger so long checked by the independence of his chief fellow-countrymen.

(17:119) If this independence of citizen soldiers can restrain the princes of ordinary states who are wont to usurp the whole glory of victories, it must have been still more effectual against the Hebrew captains, whose soldiers were fighting, not for the glory of a prince, but for the glory of God, and who did not go forth to battle till the Divine assent had been given.

(17:120) We must also remember that the Hebrew captains were associated only by the bonds of religion: therefore, if any one of them had transgressed, and begun to violate the Divine right, he might have been treated by the rest as an enemy and lawfully subdued.

(17:121) An additional check may be found in the fear of a new prophet arising, for if a man of unblemished life could show by certain signs that he was really a prophet, he ipso facto obtained the sovereign right to rule, which was given to him, as to Moses formerly, in the name of God, as revealed to himself alone; not merely through the high priest, as in the case of the captains. (122) There is no doubt that such an one would easily be able to enlist an oppressed people in his cause, and by trifling signs persuade them of anything he wished: on the other hand, if affairs were well ordered, the captain would be able to make provision in time; that the prophet should be submitted to his approval, and be examined whether he were really of unblemished life, and possessed indisputable signs of his mission: also, whether the teaching he proposed to set forth in the name of the Lord agreed with received doctrines, and the general laws of the country; if his credentials were insufficient, or his doctrines new, he could lawfully be put to death, or else received on the captain's sole responsibility and authority.

(17:123) Again, the captains were not superior to the others in nobility or birth, but only administered the government in virtue of their age and personal qualities. (124) Lastly, neither captains nor army had any reason for preferring war to peace. (125) The army, as we have stated, consisted entirely of citizens, so that affairs were managed by the same persons both in peace and war. (126) The man who was a soldier in the camp was a citizen in the market-place, he who was a leader in the camp was a judge in the law courts, he who was a general in the camp was a ruler in the state. (127) Thus no one could desire war for its own sake, but only for the sake of preserving peace and liberty; possibly the captains avoided change as far as possible, so as not to be obliged to consult the high priest and submit to the indignity of standing in his presence.

(17:128) So much for the precautions for keeping the captains within bounds. [17:9] (129) We must now look for the restraints upon the people: these, however, are very clearly indicated in the very groundwork of the social fabric.

(17:130) Anyone who gives the subject the slightest attention, will see that the state was so ordered as to inspire the most ardent patriotism in the hearts of the citizens, so that the latter would be very hard to persuade to betray their country, and be ready to endure anything rather than submit to a foreign yoke. (131) After they had transferred their right to God, they thought that their kingdom belonged to God, and that they themselves were God's children. (132) Other nations they looked upon as God's enemies, and regarded with intense hatred (which they took to be piety, see Psalm cxxxix:21, 22): nothing would have been more abhorrent to them than swearing allegiance to a foreigner, and promising him obedience: nor could they conceive any greater or more execrable crime than the betrayal of their country, the kingdom of the God whom they adored.

(17:133) It was considered wicked for anyone to settle outside of the country, inasmuch as the worship of God by which they were bound could not be carried on elsewhere: their own land alone was considered holy, the rest of the earth unclean and profane.

(17:134) David, who was forced to live in exile, complained before Saul as follows: "But if they be the children of men who have stirred thee up against me, cursed be they before the Lord; for they have driven me out this day from abiding in the inheritance of the Lord, saying, Go, serve other gods." (I Sam. xxvi:19.) (135) For the same reason no citizen, as we should especially remark, was ever sent into exile: he who sinned was liable to punishment, but not to disgrace.

(17:136) Thus the love of the Hebrews for their country was not only patriotism, but also piety, and was cherished and nurtured by daily rites till, like their hatred of other nations, it must have passed into their nature. (137) Their daily worship was not only different from that of other nations (as it might well be, considering that they were a peculiar people and entirely apart from the rest), it was absolutely contrary. (138) Such daily reprobation naturally gave rise to a lasting hatred, deeply implanted in the heart: for of all hatreds none is more deep and tenacious than that which springs from extreme devoutness or piety, and is itself cherished as pious. (139) Nor was a general cause lacking for inflaming such hatred more and more, inasmuch as it was reciprocated; the surrounding nations regarding the Jews with a hatred just as intense.