****************************************** 1. On Leviticus xxii. 24, 25, compare Kuenen's Hibbert Lectures. ******************************************

But the affinity is still more striking in the language: many unusual phrases, and even whole sentences, from Ezekiel, are repeated in Leviticus xvii. seq. /2/

******************************************* 2. Compare Colenso, Pentateuch and Joshua, vi. p. 3-23. Kayser, op. cit. p. 177- 179. Smend on Ezekiel, p. xxv. ********************************************

The 10th of the 7th month is in Leviticus xxv. 9 as in Ezekiel, new-year's day, not, as in the Priestly Code, the great day of atonement. This led Graf to regard Ezekiel himself as the author of this collection of laws in Leviticus; and Colenso and Kayser followed him. But this is out of the question; notwithstanding the numerous points of contact both in linguistic and material respects, the agreement is by no means complete. Ezekiel knows no seed of Aaron, and no wine at the sacrifices (Leviticus xxiii. 13); his festival legislation shows considerable differences, and in spirit is more akin to the Priestly Code. And if he were the author he would have said something about the proper place in the cultus of the Levites and of the prince.

The corpus in question, which Klostermann called, not inappropriately, the Law of Holiness, inclines from Ezekiel towards the Priestly Code: in such pieces as xvii. xxi. xxii. it takes some closeness of attention to see the differences from the latter, though in fact they are not inconsiderable. It stands between the two, somewhat nearer, no doubt, to Ezekiel. How are we to regard this fact? Jehovist, Deuteronomy, Ezekiel, are a historical series; Ezekiel, Law of Holiness, Priestly Code, must also be taken as historical steps, and this in such a way as to explain at the same time the dependence of the Law of Holiness on the Jehovist and on Deuteronomy. To assume that Ezekiel, having the Pentateuch in all other respects as we have it, had a great liking for this piece of it, and made it his model in the foundation of his style of thought and expression—such an assumption does not free us from the necessity of seeking the historical order, and of assigning his natural place in that order to Ezekiel; we cannot argue on such a mere chance. Now the question is not a complicated one, whether in the Law of Holiness we are passing from the Priestly Code to Ezekiel or from Ezekiel to the Priestly Code. The Law of Holiness underwent a last revision, which represents, not the views of Ezekiel, but those of the Priestly Code, and by means of which it is incorporated in that code. This revision has not been equally incisive in all parts. Some of its corrections and supplements are very considerable, e.g., xxiii. 1-8, 23-38; xxiv. 1-14, 23. Some of them are quite unimportant, e.g., the importation of the Ohel Moed (instead of the Mikdash or the Mishkan), xvii. 4, 6, 9, xix. 21 seq.; the trespass-offering, xix. 21 seq.; the Kodesh Kodashim, xxi. 22. Only in xxv. 8 seq. is the elimination of the additions difficult. But the fact that the last edition of the Law of Holiness proceeds from the Priestly Code, is universally acknowledged. Its importance for the literary history of Israel cannot be over-estimated. /1/

************************************************* 1. L. Horst, in his discussion on Leviticus XVii,-XXYi, and Ezekiel (Colmar, 1881), has strikingly shown that the mechanical style of criticism in which Dillmann even surpasses his predecessor Knobel, is not equal to the problem presented by the Law of Holiness. He goes on, however, to an attempt to save, by modifying it, the old Strassburg view of Ezekiel's authorship; and as Kuenen justly remarks, he makes ship-wreck on Leviticus xxvi. (Theol. Tijdschr. 1882, p. 646). Cf. <next note, beginning "Horst...">. **************************************************

IX.II.2. The concluding oration, Leviticus xxvi. 3-46, calls for special consideration. Earlier scholars silently assumed that this piece belonged to Leviticus xvii. 1-XXVI. 2; but many critics, Noldeke for example, now regard it as an interpolation in Leviticus of a piece which from its character should be elsewhere. At any rate the oration is composed with special reference to what precedes it. If it is not taken as a peroration, such as Exodus xxiii. 30-33, Deuteronomy xxviii., its position in such a part of the Priestly Code is quite incomprehensible. It has, moreover, a palpable connection with the laws in xvii.-xxv. The land, and agriculture, have here the same significance for religion as in chaps. xix. xxiii. xxv.; the threat of vomiting out (xviii. 25 seq., xx. 22) is repeated here more circumstantially; the only statute actually named is that of the fallow of the seventh year (xxvi. 34, xxv. 1-7). The piece begins with the expression, which is so characteristic of the author of chapter xvii. seq. "If ye walk in my statutes, and keep my commandments, and do them," and the same phrase recurs, with slight alteration, in vers. 15 and 43. The conclusion, verse 46, is, "These are the statutes and judgments and laws which Jehovah gave, to regulate the relation between Him and Israel on Mount Sinai, by Moses." This is obviously the subscription of a preceding corpus of statutes and judgments, such as we have in, xvii. 1-xxvi. 2. Mount Sinai is mentioned also in xxv. 1 as the place of revelation.

If Leviticus xxvi. is incontestably intended to form the conclusion of chaps. xvii.-xxv., it would be natural to suppose that the author of that collection was also the author of the oration. Noldeke thinks, however, that the language differs too much from that of xvii.-xxv. Yet he is obliged to acknowledge several resemblances, and these not unimportant; while some of the differences which he adduces (Bamoth, Gillulim, Hammanim, xxvi. 30) are really examples of similarity. Rare and original words may be found in the preceding chapters also. It may be that in chapter xxvi they are more frequent in proportion: yet this does not entitle us to say that the language generally is very original. On the contrary, it is everywhere characterised by borrowed expressions. So much of linguistic difference as actually remains is sufficiently accounted for by the difference of subject: first come laws in a dry matter-of-fact style, then prophecy in a poetical pathetic style. The idiosyncrasy of the writer has no scope in the former case, from the nature of the materials, some of which had already assumed their form before he made use of them. In the latter case he can express himself freely; and it is fair that this should not be overlooked.

The arguments brought forward by Noldeke against the probability that Leviticus xxvi. belongs to chaps. xvii.-xxv. and is not merely tacked on to them, disappear completely on a closer comparison of the literary character of the two pieces. Chapter xxvi. reminds us most strongly of Ezekiel's style, both in thought and language. The most significant passage is Leviticus xxvi. 39. The threat has been uttered that Israel is to be destroyed as a people, and that the remnant which escapes the destroying sword of the enemy is to be carried into exile, to sink under the weight of past calamity and present affliction. Then the speech goes on: "And they that are left of you shall pine away in their iniquity in your enemies' land; and also in the iniquities of their fathers shall they pine away. Then they will confess their own sin and the sin of their fathers." In Ezekiel, this confession actually occurs in the mouth of one of his fellow-exiles: they say (xxxiii. 10), "Our transgressions and our sins are heavy upon us, and we pine away in them, and cannot live." In the same strain the prophet says (xxiv. 23) that in his dull sorrow for the death of his wife he will be an emblem of the people: "ye shall not mourn nor weep, but ye shall pine away in your iniquities."

Nor are the other traits wanting in the oration which, as we say, accompanied the Ezekielic colouring of the preceding chapters. We do not expect to find traces of the influence of the Jehovist legislation (further than that Exodus xxiii. 20 seq. formed the model both for Deuteronomy xxviii. and Leviticus xxvi.); but to make up for this we find very distinct marks of the influence of the prophets, the older prophets too, as Amos (verse 31). We can as little conceive the existence of the Book of Ezekiel as of this chapter without the prophetic literature having preceded it and laid the foundation for it.

As for the relation to Deuteronomy, the resemblance of Leviticus xxvi. to Deuteronomy xxviii. is very great, in the arrangement as well as in the ideas. True, there are not many verbal coincidences, but the few which do occur are important. The expressions of xxvi. 16 occur nowhere in the Old Testament but in Deuteronomy xxviii. 22, 65: similarly R)#YM with the meaning it has in verse 45 only occurs in Deuteronomy xix. 14 and in the later literature (Isaiah lxi. 6). The metaphor of the uncircumcised heart (verse 41) only occurs in one other passage in the law, in Deuteronomy; the other instances of it are in prophecy, of contemporary or later date (Jeremiah iv. 4, ix. 24, 25, Ezekiel xliv. 7, 9). There are several more reminiscences of Jeremiah, most of them, however, not very distinct. We may remark on the relation between Jeremiah xvi. 18 in one respect to verse 30, and in another to verse 18 of our chapter. Here the sin is punished sevenfold, in Jeremiah double. The same is said in Isaiah xl. 2, lx. 7; and our chapter has also in common with this prophet the remarkable use of rtc,h (with sin or trespass as object). Did not the chapter stand in Leviticus, it would, doubtless, be held to be a reproduction, some small part of it of the older prophecies, the most of it of those of Jeremiah and Ezekiel: Leviticus xxvi. 34 is actually quoted in 2Chronicles xxxvi 22 as a word of the prophet Jeremiah.

Leviticus xxvi. has points of contact, finally, with the Priestly Code, in PRH WRBH, HQYM BRYT, HTWDH, )NY, (never )NKY), in the excessive use of the accusative participle and avoidance of verbal suffixes, and in its preferring the colourless NTN to verbs of more special meaning.

The only reason for the attempt to separate Leviticus xxvi. from xvii.-xxv. lies in the fact, that the exilic or post-exilic origin of this hortatory and denunciatory oration is too plain to be mistaken. To us, this circumstance can only prove that it belongs to xvii.-xxv., providing a weighty confirmation of the opinion we have already formed on other grounds as to the period which produced these laws. "If ye will not for all this hearken unto me, but walk contrary to me, then I will also walk contrary to you in fury; and I will chastise you seven times for your sins. Ye shall eat the flesh of your sons and daughters, and I will destroy your high places, and cast down your sun-pillars' and cast your carcasses upon the carcasses of your idols, and my soul shall abhor you. And I will make your cities waste, and bring your sanctuaries into desolation, and I will not smell the savour of your sweet odours. And I will bring the land into desolation, and your enemies who settle therein shall be astonished at it; and I will scatter you among the peoples, and will draw out the sword after you, and your land shall be desolate and your cities ruins. Then shall the land pay her sabbaths all the years of the desolation when you are in your enemies' land: even then shall the land rest and pay her sabbaths. As long as it lieth desolate it shall make up the celebration of the sabbaths which it did not celebrate as long as you dwelt in it. And upon them that are left alive of you I will send a faintness into their hearts in the land of their enemies, and the sound of a shaken leaf shall chase them, and they shall flee as fleeing from a sword, and they shall fall when none pursueth. And they shall fall one upon another as it were before a sword when none pursueth, and there shall be no stopping in the flight before your enemies. And ye shall lose yourselves among the peoples, and the land of your enemies shall eat you up. And they that are left of you shall pine away in their iniquity in your enemies' lands, and also in the iniquities of their fathers shall they pine away. And they shall confess their iniquity and the iniquity of their fathers in regard to their unfaithfulness which they committed against me, and that because they have walked contrary to me, I also walk contrary to them, and bring them into the land of their enemies. Then their uncircumcised heart is humbled, and then they pay their penalty, and I remember my covenant with Jacob, and also my covenant with Isaac, and also my covenant with Abraham, and I remember the land. The land also, left by them, pays its sabbaths, while she lieth without inhabitant and waste, and they themselves pay the penalty of their iniquity because, even because, they despised my judgments, and their soul abhorred my statutes. And yet for all that, when they be in the land of their enemies, I have not rejected them, neither have I abhorred them to destroy them utterly, and to break my covenant with them: for I am Jehovah their God. And I will for their sakes remember the covenant of their ancestors whom I brought forth out of the land of Egypt in the sight of the peoples, that I might be their God: I am Jehovah" (xxvi. 27-45).

These words undoubtedly cannot have been written before the Babylonian exile. It is said that the Assyrian exile will explain the passage: but where is there any similarity between the oration before us and the old genuine Isaiah? In Ezekiel's day such thoughts, feelings, and expressions as we have here can be shown to have prevailed: but it would be difficult to show that the fall of Samaria gave rise to such depression at Jerusalem: and Leviticus xxvi. was not written outside Jerusalem, for it presupposes unity of worship. The Jews are addressed here, as in Deuteronomy xxix., xxx., and they had no such lively feeling of solidarity with the deported Israelites as to think of them in connection with such threats. I even think it certain that the writer lived either towards the end of the Babylonian exile or after it, since at the close of the oration he turns his eyes to the restoration. In such prophets as Jeremiah and Ezekiel there is a meaning in such forecasting of the joyful future but here it contradicts both the historical position and the object of the threats, and appears to be explained most naturally as the result of an accident, i.e., of actuality. That in a comparison of Leviticus xxvi. with Jeremiah and Ezekiel, the former cannot claim priority, appears distinctly from the comparative use of the phrase uncircumised heart. That phrase originates in Jeremiah (iv. 4, ix. 24 seq.), but in Leviticus xxvi. it is used as a well-known set term. In the same way the phrase pine away in their iniquity is repeated by Ezekiel as he heard it in the mouth of the people. He is its originator in literature; in Leviticus xxvi. it is borrowed. /1/

*********************************************** 1. Horst tries to find a place for Leviticus xxvi. in the last years of king Zedekiah (op. cit. p. 65, 66), but in this he is merely working out his theory that the author was the youthful Ezekiel; and the theory is sufficiently condemned if it leads to this consequence. Delitzsch (Zeitschr. fur Kirchl. Wissench. 1880, p. 619) thinks it a piece of impertinence in me to read out of Ezekiel xxxiii. what that passage says. On Deuteronomy x. 16, xxx. 6, and generally on the color Hieremianus in Deuteronomy, see Jahrb. fur D. Thhcol., 1877, p. 464. **********************************************

The criticism of Leviticus xvii. seq. Ieads us to the result, that a collection of laws which took form during the period of the exile was received into the Priestly Code, and there clothed with fresh life. We need not then tremble at Schrader's threatening us with "critical analysis," and Graf's hypothesis will not be thereby overturned.

IX.II.3. Two or three further important traces of the final priestly revision of the Hexateuch may here find mention. In the story of the flood the verses vii. 6-9 are an editorial addition, with the object of removing a contradiction between JE and Q; it shares the ideas and speaks the language of the Priestly Code. In the title of Deuteronomy the verse, "It came to pass in the fortieth year, in the eleventh [(#TY] month, on the first day of the month, that Moses spake unto the children of Israel according to all that Jehovah had given him in commandment unto them" (i. 3) is shown by the most undoubted signs to belong to the Priestly Code, and is intended to incorporate Deuteronomy in that work. We have already shown that the Priestly Code in the Book of Joshua is simply a filling-up of the Jehovistic-Deuteronomistic narrative.

That the Priestly Code consists of elements of two kinds, first of an independent stem, the Book of the Four Covenants (Q), and second, of innumerable additions and supplements which attach themselves principally to the Book of the Four Covenants, but not to it alone, and indeed to the whole of the Hexateuch—this assertion has not, strange to say, met with the opposition which might have been expected. Ryssel has even seen in the twofold nature of the Priestly Code a means to maintain the position of the Book of the Four Covenants before the exile: he sacrifices the additions, and places the necessary interval between them and the main body of the work. He thinks the close affinity between the two parts is sufficiently explained by the supposition that they both issued from the same circle, that of the priesthood of Jerusalem. Were it the case that the temple of Jerusalem was as autonomous and as solely legitimate in the days of Solomon as in those of the foreign domination, that the priests had as much to say under Ahaz, Hezekiah, and Josiah as after the exile, if it were allowable to represent them according as it suits one's views, and not according to the historical evidence, if, in short, there were no Israelite history at all, such an explanation might be allowed to stand. The secondary part of the Priestly Code of necessity draws the primary part with it. The similarity in matter and in form, the perfect agreement in tendencies and ideas, in expressions and ways of putting things, all compel us to think that the whole, if not a literary, is yet a historical, unity.



IX.III.

It has lately been the fashion to regard the language of the Priestly Code as an insuperable barrier to the destructive efforts of tendency criticism. But it is unfortunate that this veto of language is left as destitute of detailed proof, by Delitzsch, Riehm, and Dillmann, as the veto of critical analysis by Schrader; and we cannot be called upon to show proof against a contention which is unsupported by evidence. But I take advantage of the opportunity to communicate some detached observations, which I may perhaps remark did not occur to me in connection with the investigation of the Pentateuch, but on a quite different occasion. In the passage 2Samuel vi. 12 I was exceedingly struck with L(MT, and not less with BR) in the two passages Isaiah iv. 5, Amos iv. 13, and while following out the distribution of these two words I came on the traces of similar phenomena.

The language of the pre-exilic historical books is in general much akin to that of the Jehovistic work; that of the Priestly Code, on the contrary, is quite different. It is common enough to interpret this fact, as if the latter belonged to an earlier period. But not to mention that in that case the Code must have been entirely without influence on the history of the language, it agrees ill with this view, that on going back to the oldest documents preserved to us of the historical literature of the Hebrews we find the difference increasing rather than diminishing. Take Judges v. and 2Samuel i.; the poetical pieces in JE may be compared with them, but in Q there is nothing like them. And on the other hand, it is in the narratives which were introduced very late into the history, such as Judges xix.-xxi.; 1Samuel vii. viii. x. 17 seq. xii.; 1Kings xiii., and the apocryphal additions in 1Kings vi.-viii. that we recognise most readily some linguistic approximation to the Priestly Code. And as in the historical so also in the prophetical literature. The speech of Amos, Isaiah, Micah, answers on the whole to that of the Jehovist, not to that of the priestly author.

Deuteronomy and the Book of Jeremiah first agree with the Priestly Code in certain important expressions. In Ezekiel such expressions are much more numerous, and the agreement is by no means with Leviticus xvii.-xxvi. alone. /1/

****************************************** I Especially noticeable is P)T NGB TYMNH in Ezekiel and the Priestly Code. In the latter Negeb, even when it refers to the actual Negeb, yet is used as denoting south (Numbers xxxiv. 3, xxv. 2-4), i.e., it has completely lost its original meaning. ******************************************

In the subsequent post-exilic prophets down to Malachi the points of contact are limited to details, but do not cease to occur; they occur also in the Psalms and in Ecclesiastes. Reminiscences of the Priestly Code are found nowhere but in the Chronicles and some of the Psalms. For that Amos iv. 11 is borrowed from Genesis xix. 29 is not a whit more clear than that the original of Amos i. 2 must be sought in Joel iv. 19 [iii. 16].

The Priestly Code maintains its isolated literary character as against the later literature also. This is the result partly of the use of a number of technical terms, partly of the incessant repetition of the same formulae, and of its great poverty of language. But if we neglect what is due to the stiff and hard idiosyncrasy of the author, it is undoubtedly the case that he makes use of a whole series of characteristic expressions which are not found before the exile, but gradually emerge and come into use after it. The fact is not even denied, it is merely put aside. To show what weight is due to it we may find room here for a short statement of the interesting points for the history of language to be found in Genesis i.

Genesis i. 1, R)#YT means in the older Hebrew, not the COMMENCEMENT of a process which goes forward in time, but the FIRST (and generally the BEST) part of a thing. In the sense of a beginning in time, as the contrary to )XRYT, it is first found in a passage of Deuteronomy, xi. 12; then in the titles in the Book of Jeremiah, xxvi. 1, xxvii. 1, xxviii. 1, xlix. 34, and in Isaiah xlvi. 10, and lastly in the Hagiographa, Job viii. 7, xili. 12; Proverbs xvii. 14; Ecclesiastes vii. 8. In Genesis x. 10 R)#YT MMLKTW has a different meaning from that in Jeremiah xxvi. 1 in the one it is the principal part of the kingdom; in the other it is the beginning of the reign. In the beginning was in the early time, if absolute, BFR)#NH, BATTXLH; if relative, BTXLT TXLT. /1/

******************************************* 1 The vocalisation B:R#YT is very curious: we should expect BFRA$YT. It has been attempted to do justice to it by translating: "In the beginning, when God created heaven and earth—but the earth was without form and void, and darkness lay upon the deep, and the spirit of God brooded over the water—then God spake: Let there be light." But this translation is desperate, and certainly not that followed by the punctuators, for the Jewish tradition (Septuagint, Aquila, Onkelos) is unanimous in translating: "In the beginning God created heaven and earth." In Aramaic, on the contrary, such adverbs take, as is well known, the form of the status constructus. Cf. RBT Psalm lxvv. 10, cxx. 6. ********************************************

We have already spoken <VIII.I.1. "a special word"> of the word BR), a word remarkable for its specific theological import. Apart from Amos iv. 13 and Isaiah iv. 5 it is first found outside the Priestly Code in the Deuteronomist in Exodus xxxiv. 10, Numbers xvi. 30 (?), Deuteronomy iv. 32, and in the Book of Jeremiah, xxxi. 22: then in Ezekiel xxi. 35, xxviii. 13, 15; Malachi ii. 10; in Psalms li. 12, lxxxix. 13, 48, cii. 19, civ. 30, cxlviii. 5; Ecclesiastes xii. 1. It occurs, however, most frequently, 20 times in fact, in Isaiah xl.-lxvi.; and curiously enough, never in Job, where we should expect to find it. It has nothing to do with B"R") (cut down wood) and BRY) (fat). /2/

********************************************* 2. I do not speak of the use of Elohim and the application of the names of God in the Priestly Code: the matter is not yet clear to me. Very curious is H#M, Leviticus xxiv. 11. ********************************************

Genesis i. 2, THW WBHW occurs also in Jeremiah iv. 23; Isaiah xxxiv. 11. THW alone is not so rare, but it also occurs, Isaiah xxix. 21 excepted, only in the later literature Deuteronomy xxxii. 10; 1Samuel xii. 21; Isaiah xxiv. 10, xl. 17, 23, xli. 29, xliv. 9, xlv. 18 seq., xlix. 4, lix. 4; Job vi. 18, xii.24, xxvi. 7; Psalm cvii. 40. The verb RXP (brood), which is common in Aramaic, only recurs in a single passage in the Old Testament, and that a late one, Deuteronomy xxxii. 11. Yet the possibility must be conceded that there was no occasion for its more frequent employment.

Genesis i. 4, HBDYL and NBDL (divide and divide one's self), common in the Priestly Code, is first used by Deuteronomy and the Deuteronomist (Deuteronomy iv. 41, x.8, xix. 7, xxix. 10; 1Kings viii. 53), then by Ezekiel (xxii. 26, xxxix. 14, xlii. 10) and the author of Isaiah xl. seq. (lvi. 3, lix. 2). It is most used by the writer of Chronicles, (1Chronicles xii. 8, xxiii. 13, xxv. 1; 2Chronicles xxv. 10; Ezra vi. 21, viii.24, ix. 1, x. 8, 11, 16 ; Nehemiah x. 2, 29, xiii. 3). On YWM )XD Genesis i. 5 compare Josephus, Antiquities I. i. 1: "That now would be the FIRST day, but Moses says ONE day; I could give the reason of this here, but as I have promised (in the Introduction) to give such reasons for everything in a separate work, I shall defer the exposition till then." The Rabbis also, in Genesis Rabba, feel the difficulty of the expression, which, however, has its parallel in the )XD LXD, which belongs to the later way of speaking. In Syriac the ordinary expression is XD BB); hence in the New Testament MIA SABBATWN for the first day of the week.

Genesis i. 6, RQY( (firmament) is found, outside the Priestly Code, only in Ezekiel (i. 22-26, x. 1), and in still later writers ; Psalms xix. 2, cl. 1 ; Daniel xii. 3; cf. Job xxxviii. 18. /1/

********************************************* 1. It does not mean, as is generally assumed, that which is beaten out thin, is stretched out. For, firstly, the heaven is never considered to be made of sheet-metal; secondly, the meaning in question only belongs to the Piel, and the substantive derived from it is RIQQUA(. The Kal, with which RQY( must be connected, is found in Isaiah xiii. 5, xliv. 24; Psalms cxxxvi. 6. It is generally translated spread out, but quite unwarrantably. Parallel with it are YSD and KWNN (compare Psalms xxiv. 2 with cxxxvi. 6); the Septuagint translates in all three passages with stereoun, and accordingly renders RQY( with STEREWMA (firmamentum). This rendering, which alone is supported by tradition, and which is very satisfactory, is confirmed by the Syriac, where the verb RQ( is frequent in the sense of fortify. *********************************************

Genesis i. 10 YMYM (the sea, singular, see i. 22; Leviticus xi. 9, 10), is rare in older times, and belongs to lofty poetical language; it is, on the contrary, frequent in Ezekiel (ten times), and in the Psalms (seven times); and occurs besides in Job vi. 3; Nehemiah ix. 6 ; Jonah ii. 4 ; Daniel xi. 45. Genesis i. 11 MYN (kind), a very peculiar word, especially in the form Jeminehu, is found outside of this chapter and Leviticus xiv., Genesis vi. 20, vii. 14, only in Deuteronomy xiv. and Ezekiel xlvii. 10.

Genesis i. 26, DMWT (likeness, verses 1, 3) does not occur in the earlier literature. It first appears in 2Kings xvi. 10, in a post-Deuteronomic passage, for the writer is that of chapter xi. seq., xxi. seq. Then in Ezekiel (15 times), Isaiah xiii. 4, xl. 18; 2Chronicles iv. 3; Psalms lxviii. 5. It is a borrowed word from Aramaic; and the corresponding verb only came into use in the period when Aramaic began to find its way in.

Genesis i. 27 ZFKFR (male) is in earlier times ZFKW.R; for this is the vocalization in Exodus xxiii. 17, xxxiv. 23; Deuteronomy xvi. 16, xx. 13; and if it is right in these passages, as we cannot doubt it is, it must be introduced in Exodus xxxiv. 19; Deuteronomy xv. 19; 1Kings xi. 15 seq. as well. In the Priestly Code ZFKFR occurs with great frequency, and elsewhere only in the later literature, Deuteronomy iv. 16; Jeremiah xx. 15, xxx. 6; Ezekiel xvi. 17; Isaiah lxvi. 7; Malachi i. 14; Judges xxi. 11, 12; 2Chronicles xxxi. 16; Ezra viii. As for NQBH (female), matters are even worse. Outside the Priestly Code it is only found in Jeremiah (xxxi. 22) and the Deuteronomist (iv. 16). The Jehovist, it is well known, always says )Y, W)YH even of the lower animals: the editor of the Hexateuch, on the contrary, always follows the usage of the Priestly Code.

Genesis i. 28 XYH HRMT attracts attention by the omission of the article with the substantive and its being merely prefixed to the following adjective; as if one should say in Greek, )ANHR (O )AGATHOS instead of (O )ANER (O )AGATHOS. In the same way i. 21 YWM HY, and ii. 3 YWM HBY(Y. In Arabic there are some analogies for this, but on seeking one in Hebrew we have to come down to the period when it was usual to say KNST HGDWLH. KB and RDH are Aramaisms. In KBSHWH we find the only verbal suffix in Genesis i. Instead we have always the forms )TM )TW; this is so in the Priestly Code generally. In the Jehovistic main work, in J, these substitutes with )T are only used sometimes and for special reasons: it may be generally asserted that they are more used the later we come down. Parallel with this is the use of )nky in J and )ny in the Priestly Code; the latter form grows always more frequent in later times.

These remarks carry us beyond Genesis i.; for the Priestly Code generally I am now able to refer to F. Giesebrecht's essay on the criticism of the Hexateuch. Such words as QRBN, (CM, L(MT, (#TY are each, by itself, strong arguments for assuming a late date for the production of the Priestly Code. We cannot believe that such everyday words should never have come into use in the other literature before the exile, if they were in existence. They cannot be counted technical terms: QRBN used in Hebrew for sacrifice and offering is simply as if an English writer should say priere instead of worship. In such comparisons of the vocabulary we have, however, to consider first the working up and revision which has been at work in every part of the books of the Bible, and secondly the caprice of the writers in apparent trifles, such as )NKY and )NY, especially outside the Pentateuch. These two agencies have so dislocated the original facts in this matter, that in general we can only deal in proportions, and must be content with showing that a word occurs say 3 times in the other literature and 27 times in an equal extent of the later. /1/

*************************************** 1. Too much importance must not be attached to Aramaisms: even when they admit of clear demonstration they prove little while occurring merely in single instances. We early find remarkable phenomena, such as NDR for NZR (hence NZYR = vovens), N+R for NCR (Amos i. 11 , Y+R for Y+RP?), comp. Arabic lata for laisa, Sur. 38, 2. Hudh. 84, 1. And yet such an Aramaism as BT #NTH in Numbers xv. 27, or even QRBN, is very remarkable. ***************************************

IX.III.2. The study of the history of language is still at a very elementary stage in Hebrew. In that which pertains to the lexicographer it would do well to include in its scope the proper names of the Old Testament; when it would probably appear that not only Parnach (Numbers xxxiv. 25) but also composite names such as Peda-zur, Peda-el, Nathana-el, Pazi-el, Eli-asaph, point less to the Mosaic than to the Persian period, and have their analogies in the Chronicles. On the other hand, the prepositions and particles would have to be examined the use of the prepositions Beth and Lamed in the Priestly Code is very peculiar. That would lead further, to syntax; or better still, to rhetoric and style—a diffcult and little cultivated field of study, but one of great importance and lending itself readily to comparative treatment. This treatment yields the most far-reaching results in the case of those parallels which have an undoubted and direct relation to each other. The dependence of the Priestly Code on the Jehovist cannot be more strikingly demonstrated than by comparing its CDYQ, Genesis vi. 9, with the CDYQ BDWR HZH, of Genesis vii. 1 (JE.). The plural DRWT is quite on a line with the MYNYM, and the (MY H)RC, of the Rabbis, and the SPERMATA of Galatians iii. 15; it does not denote the successive generations, but contemporaries, the contemporaneous individuals of one and the same generation.

From words we are brought back to things again by noting that the age of the word depends in many cases on the introduction of the thing. The name BTR in the Song of Songs, for example, presupposes the cultivation of the malobathron in Syria and Palestine. The Priestly Code enumerates colours, stuffs, goldsmiths' work and jewels, which nowhere occur in the older literature: along with the Book of Ezekiel it is the principal quarry in the Old Testament for the history of art; and this is the less likely to be due to chance, as the geographical horizon of the two works is also the same. There is also some contact in this respect, though to a less degree, between the Priestly Code and Isaiah xl.-lxvi., and this must doubtless receive a historical explanation in the circumstances of the Babylonian age. /l/

********************************************* 1. On Canticles cf. Schuerer's Theol. Lit. Z., 1879, p. 31. It also, by the names of plants and similar details mentioned in it, is an important source for the history of external civilisation. In Isaiah liv. 11, read with the Septuagint NPK: instead of the meaningless PWK:, and )DNYK instead of )BNYK. ********************************************



CHAPTER X. THE ORAL AND THE WRITTEN TORAH.

What importance the written letter, the book of the law, possessed for the Jews, we all know from the New Testament. Of ancient Israel, again, it is said in the introductory poem of Goethe's West-Oestlicher Divan, that the word was so important there, because it was a spoken word. The contrast which Goethe evidently perceived is really characteristic, and deserves some further attention.

X.I.

X.I.1. Even if it be the case that Deuteronomy and the Priestly Code were only reduced to writing at a late period, still there remains the Jehovistic legislation (Exodus xx.-xxiii. xxxiv.) which might be regarded as the document which formed the starting-point of the religious history of Israel. And this position is in fact generally claimed for it; yet not for the whole of it, since it is commonly recognised that the Sinaitic Book of the Covenant (Exodus xx.-xxiii. 19) was given to a people who were settled and thoroughly accustomed to agriculture, and who, moreover, had passed somewhat beyond the earliest stage in the use of money. /1/

**************************************** 1. Exodus xxi. 35: compare xxi. 33 with Judges ix. 4 ****************************************

The Decalogue alone is commonly maintained to be in the strictest sense Mosaic. This is principally on account of the statement that it was written down on the two stone tables of the sacred ark. Yet of Deuteronomy also we read, both that it was written on twelve stones and that it was deposited in the sacred ark (Deuteronomy xxxi. 26). We cannot therefore place implicit reliance on such statements. What is attested in this way of the Decalogue seems to find confirmation in 1Kings viii. 9. But the authority of this statement is greatly weakened by the fact that it occurs in a passage which has undergone the Deuteronomistic revision, and has been, in addition to this, subjected to interpolation. The more weight must we therefore allow to the circumstance, which makes for a different conclusion, that the name "The Ark of the Covenant" (i.e., the box of the law) /1/ is peculiar to the later writers,

***************************************** 1. Compare 1Kings viii. 21, "the ark wherein is the covenant of Jehovah," and viii 9, "there was nothing in the ark save the two tables of stone, which Moses put there at Horeb, the tables of the covenant which Jehovah had made with the children of Israel." The Deuteronomistic expression "tables of the covenant", alternates in the Priestly Code with that of "tables of testimony"; i e., likewise of the law. For H(DWT, "the testimony," 2Kings xi. 12, read HC(DWT, "the bracelets," according to 2Samuel i. 10. *******************************************

and, when it occurs in older narratives, is proved by its sporadic appearance, as well as by a comparison of the Septuagint with the Massoretic text, to be a correction. In early times the ark was not a mere casket for the law; the "the ark of Jehovah" was of itself important, as we see clearly enough from 1Samuel iv.-vi. Like the twelve maccebas which surrounded the altar on the holy hill of Shechem, and which only later assumed the character of monuments of the law, so the ark of the covenant no doubt arose by a change of meaning out of the old idol. If there were stones in it at all, they probably served some other purpose than that of writing materials, otherwise they would not have been hidden as a mystery in the darkness of the sanctuary; they must have been exposed to public view. Add to this that the tradition is not agreed as to the tenor of the ten words said to have been inserted on the two tables; two decalogues being preserved to us, Exodus xx. and Exodus xxxiv., which are quite different from each other. It results from this that there was no real or certain knowledge as to what stood on the tables, and further that if there were such stones in the ark—and probably there were—there was nothing written on them. This is not the place to decide which of the two versions is prior to the other; the negative result we have obtained is sufficient for our present purpose.

X.I.2. Ancient Israel was certainly not without God-given bases for the ordering of human life; only they were not fixed in writing. Usage and tradition were looked on to a large extent as the institution of the Deity. Thus, for example, the ways and rules of agriculture. Jehovah had instructed the husbandman and taught him the right way. He it was whose authority gave to the unwritten laws of custom their binding power. "It is never so done in Israel," "that is folly in Israel," and similar expressions of insulted public conscience are of frequent occurrence, and show the power of custom: the fear of God acts as a motive for respecting it. "Surely there is no fear of God in this place, and they will slay me for my wife's sake," so Abraham says to himself in Gerar. "How shall I do such great wrong and sin against God?" says Joseph to the woman in Egypt. "The people of Sodom were wicked and sinned grievously against Jehovah," we read in Genesis xiii. 13. Similarly Deuteronomy xxv. 18: "The Amalekites attacked Israel on the march, and killed the stragglers, all that were feeble and fell behind, and feared not God." We see that the requirements of the Deity are known and of force, not to the Israelites only, but to all the world; and accordingly they are not to be identified with any positive commands. The patriarchs observed them long before Moses. "I know Abraham," Jehovah says, xviii. 19, "that he will command his children to keep the way of Jehovah, to do justice and judgment."

Much greater importance is attached to the special Torah of Jehovah, which not only sets up laws of action of universal validity, but shows man the way in special cases of difficulty, where he is at a loss. This Torah is one of the special gifts with which Israel is endowed (Deuteronomy xxxiii. 4); and it is intrusted to the priests, whose influence, during the period of the Hebrew kings, of which we are now speaking, rested much more on this possession than on the privilege of sacrifice. The verb from which Torah is derived signifies in its earliest usage to give direction, decision. The participle signifies giver of oracles in the two, examples gibeath moreh and allon moreh. The latter expression is explained by another which alternates with it, "oak of the soothsayers." Now we know that the priests in the days of Saul and David gave divine oracles by the ephod and the lots connected with it, which answered one way or the other to a question put in an alternative form. Their Torah grew no doubt out of this practice. /1/ The Urim and Thummim are regarded,

************************************* 1. 1Sam xiv. xxiii. xxx. In connection with 1Samuel xxxi. 3 I have conjectured that the verb of which Torah is the abstract means originally to throw the lot-arrows. The Thummim have been compared in the most felicitous way by Freytag, and by Lagarde independently of him (Proph. Chald. p. xlvii.) with the Arabian Tamaim, which not only signifies children's amulets but any means of "averruncatio". Urim is probably connected with )RR "to curse" (cf. Iliad i. 11 and Numbers xxiii. 23): the two words of the formula seem mutually to supplement each other. ************************************

according to Deuteronomy xxxiii. 8, as the true and universal insignia of the priesthood; the ephod is last mentioned in the historical books in 1Kings ii. 26, /1/

************************************** 1 Bleek, Einleiung in das A. T., 1878, p. 642. **************************************

but appears to have remained in use down to the time of Isaiah (Hosea iii. 4; Isaiah xxx. 22). The Torah freed itself in the process of time, following the general mental movement, from such heathenish media and vehicles (Hab. ii. 19). But it continued to be an oral decision and direction. As a whole it is only a power and activity of God, or of the priests. Of this subject there can be no abstract; the TEACHING; is only thought of as the action of the TEACHER. There is no torah as a ready-made product, as a system existing independently of its originator and accessible to every one: it becomes actual only in the various utterances, which naturally form by degrees the basis of a fixed tradition. "They preserve Thy word, and keep Thy law; they teach Jacob Thy judgments and Israel Thy statutes " (Deuteronomy xxxiii. 9, 10).

The Torah of the priests appears to have had primarily a legal character. In cases which there was no regular authority to decide, or which were too difficult for human decision, the latter was brought in the last instance before God, i.e., before the sanctuary or the priests (Exodus xviii. 25 seq.). The priests thus formed a kind of supreme court, which, however, rested on a voluntary recognition of its moral authority, and could not support its decisions by force. "If a man sin against another, God shall judge him," 1Samuel ii. 25 says, very indefinitely. Certain legal transactions of special solemnity are executed before God (Exodus xxi. 6). Now in proportion as the executive gained strength under the monarchy, jus—civil justice—necessarily grew up into a separate existence from the older sacred fas. The knowledge of God, which Hosea (chapter iv.) regards as the contents of the torah, has as yet a closer connection with jurisprudence than with theology; but as its practical issue is that God requires of man righteousness, and faithfulness, and good-will, it is fundamentally and essentially morality, though morality at that time addressed its demands less to the conscience than to society. A ritual tradition naturally developed itself even before the exile (2Kings xvii. 27, 28). But only those rites were included in the Torah which the priests had to teach others, not those which they discharged themselves; even in Leviticus this distinction may be traced; the instructions characterised as toroth being chiefly those as to animals which might or might not be eaten, as to clean and unclean states, as to leprosy and its marks (cf. Deuteronomy xxiv. 8).

So it was in Israel, to which the testimony applies which we have cited: and so it was in Judah also. There was a common proverb in the days of Jeremiah and Ezekiel, "The Torah shall not perish from the priest, nor counsel from the ancient, nor the word from the prophet:" but no doubt the saying was not new in their time, and at any rate it will apply to the earlier time as well. Not because they sacrifice but because they teach, do the priests here appear as pillars of the religious order of things; and their Torah is a living power, equal to the occasion and never-failing. Micah reproaches them with judging for reward (iii. 11), and this shows their wisdom to have been based on a tradition accessible to them alone; this is also shown by some expressions of Deuteronomy (xvii. 10 seq., xxiv. 8). We have the counterpart to the proverb above cited (Jeremiah xviii. 18; Ezekiel vii. 26) in the complaint in Lamentations (ii. 9): "Jerusalem is destroyed; her king and her princes are among the Gentiles: the Torah is no more; the prophets obtain no vision from Jehovah;" after the ruin of the sanctuary and the priests there is no longer any Torah; and if that be so, the axe is laid to the root of the life of the people. In the post-exile prophets the torah, which even in Deuteronomy (xvii. 11) was mainly legal in its nature, acquires a strong savour of ritual which one did not notice before; yet even here it is still an oral teaching of the priests (Haggai ii. 11).

The priests derived their Torah from Moses: they claimed only to preserve and guard what Moses had left (Deuteronomy xxxiii 4, 9 seq.). He counted as their ancestor (xxxiii. 8; Judges xviii. 30); his father in-law is the PRIEST of Midian at Mount Sinai, as Jehovah also is derived in a certain sense from the older deity of Sinai. But at the same time Moses was reputed to be the incomparable originator and practicer of PROPHECY (Numbers xii. 6 seq.; Deuteronomy xxxiv. 10; Hos. xii. 14), as his brother Aaron also is not only a Levite (Exodus iv. 14), but also a prophet (iv. 15; Numbers xii. 2). There is thus a close relation between priests and prophets, i.e., seers; as with other peoples (1Samuel vi.,; 1Kings xviii. 19, compare with 2Kings x. 19), so also with the Hebrews. In the earliest time it was not knowing the technique of worship, which was still very simple and undeveloped, but being a man of God, standing on an intimate footing with God, that made a man a priest, that is one who keeps up the communication with heaven for others; and the seer is better qualified than others for the office (1Kings xviii. 30 seq.). There is no fixed distinction in early times between the two offices; Samuel is in 1Samuel i.-iii. an aspirant to the priesthood; in ix. x. he is regarded as a seer.

In later times also, when priests and prophets drew off and separated from each other, they yet remained connected, both in the kingdom of Israel (Host iv. 5) and in Judah. In the latter this was very markedly the case (2Kings xxiii. 2; Jeremiah xxvi. 7 seq., v. 31; Deuteronomy xviii. 1-8, 9-22; Zechariah vii. 3). What connected them with each other was the revelation of Jehovah which went on and was kept alive in both of them. It is Jehovah from whom the torah of the priest and the word of the prophet proceeds: He is the true DIRECTOR, as Isaiah calls Him in the passage xxx. 20 seq., where, speaking of the Messianic time, he says to the people, "Then thy director (MWRYK) is no more concealed, but thine eyes see thy director, and thine ears hear the words of One calling behind thee; this is the way, walk ye in it; when ye are turning to the right hand or to the left." TORAH and WORD are cognate notions, and capable of being interchanged (Deuteronomy xxxiii. 9; Isaiah i. 10, ii. 3, v. 24, viii. 16, 20). This explains how both priests and prophets claimed Moses for their order: he was not regarded as the founder of the cultus.

The difference, in the period when it had fully developed itself, may be said to be this: the Torah of the priests was like a spring which runs always, that of the prophets like a spring which is intermittent, but when it does break forth, flows with all the greater force. The priests take precedence of the prophets when both are named together; they obviously consolidated themselves earlier and more strongly. The order, and the tradition which propagates itself within the order, are essential to them: they observe and keep the torah (Deuteronomy xxxiii. 9). For this reason, that they take their stand so entirely on the tradition, and depend on it, their claim to have Moses for their father, the beginner and founder of their tradition, is in itself the better founded of the two. /l/

*********************************** 1 It is also more firmly rooted in history; for if Moses did anything at all, he certainly founded the sanctuary at Kadesh and the torah there, which the priests of the ark carried on after him, thus continuing the thread of the history of Israel, which was taken up again in power by the monarchy. The prophets only appeared among the Hebrews from the time of Samuel onwards, but the seers were older than Moses, and can scarcely have had such a close connection with his tradition as the priests at the sanctuary of the ark of Jehovah. **********************************

In the ordinary parlance of the Hebrews torah always meant first, and chiefly the Priestly Torah. The prophets have notoriously no father (1Samuel x. 12), their importance rests on the individuals; it is characteristic that only names and sketches of their lives have reached us. They do indeed, following the tendency of the times, draw together in corporations; but in doing so they really renounce their own distinctive characteristics: the representative men are always single, resting on nothing outside themselves. We have thus on the one side the tradition of a class, which suffices for the occasions of ordinary life, and on the other the inspiration of awakened individuals, stirred up by occasions which are more than ordinary. After the spirit of the oldest men of God, Moses at the head of them, had been in a fashion laid to sleep in institutions, it sought and found in the prophets a new opening; the old fire burst out like a volcano through the strata which once, too, rose fluid from the deep, but now were fixed and dead.

The element in which the prophets live is the storm of the world's history, which sweeps away human institutions; in which the rubbish of past generations with the houses built on it begins to shake, and that foundation alone remains firm, which needs no support but itself. When the earth trembles and seems to be passing away, then they triumph because Jehovah alone is exalted. They do not preach on set texts; they speak out of the spirit which judges all things and itself is judged of no man. Where do they ever lean on any other authority than the truth of what they say; where do they rest on any other foundation than their own certainty? It belongs to the notion of prophecy of true revelation, that Jehovah, overlooking all the media of ordinances and institutions, communicates Himself to the INDIVIDUAL, the called one, in whom that mysterious and irreducible rapport in which the deity stands with man clothes itself with energy. Apart from the prophet, in abstracto, there is no revelation; it lives in his divine-human ego. This gives rise to a synthesis of apparent contradictions: the subjective in the highest sense, which is exalted above all ordinances, is the truly objective, the divine. This it proves itself to be by the consent of the conscience of all, on which the prophets count, just as Jesus does in the Gospel of John, in spite of all their polemic against the traditional religion. They are not saying anything new: they are only proclaiming old truth. While acting in the most creative way they feel entirely passive: the homo tantum et audacia which may with perfect justice be applied to such men as Elijah, Amos, and Isaiah, is with them equivalent to deus tantum et servitus. But their creed is not to be found in any book. It is barbarism, in dealing with such a phenomenon, to distort its physiognomy by introducing the law.

X.I.3. It is a vain imagination to suppose that the prophets expounded and applied the law. Malachi (circa 450 B.C.) says, it is true, iv. 4, "Remember ye the torah of Moses my servant;" but where shall we look for any second expression of this nature? Much more correctly than modern scholars did these men judge, who at the close of the preexilic history looked back on the forces which had moulded it, both the divine and those opposed to God. In their eyes the prophets are not the expounders of Moses, but his continuators and equals; the word of God in their mouth is not less weighty than in the mouth of Moses; they, as well as he, are organs of the spirit of Jehovah by which He is present in Israel. The immediate revelation to the people, we read in Deuteronomy xviii., ceased with the ten commandments: from that point onwards Jehovah uses the prophets as His mouth: "A prophet like unto thee," He says to Moses, "will I raise up to them from among their brethren, and will put my words in his mouth, and he shall speak unto them all that I shall command him; and whosoever shall not hearken unto my words which he shall speak in my name, I will require it of him." We find it the same in Jeremiah; the voice of the prophets, always sounding when there is need for it, occupies the place which, according to the prevailing view, should have been filled by the law: this living command of Jehovah is all he knows of, and not any testament given once for all. "This only I commanded your fathers when I brought them up out of Egypt: Obey my voice, and walk ye in all the ways that I will command you. Since the day that your fathers came forth out of Egypt, I have sent unto you all my servants the prophets, daily rising up early and sending them; but ye would not hear." And even after the exile we meet in Zechariah (520 B.C.) the following view of the significance of the prophets: "Thus spake Jehovah of hosts [to the fathers before the exile], Speak true judgment, and show mercy and compassions every man to his brother, and oppress not the widow nor the fatherless, the stranger nor the poor: and let none of you imagine evil against his brother in his heart. But they refused to hearken, and shrugged the shoulder, and stopped their ears, that they should not hear. Yea, they made their hearts as a flint, lest they should hear the Torah and the words which Jehovah Sebaoth hath sent by His Spirit through the old prophets: therefore came a great wrath from Jehovah Sebaoth. And as He cried and they would not hear, so now shall they cry and I will not hear, and I will blow them away among the peoples.... Thus saith Jehovah Sebaoth [after the exile to the present generation], As I thought to punish you without pity because your fathers provoked me to anger, so again have I thought in these days to do well to the house of Judah: fear ye not. These are the things that ye shall do: Speak ye every man the truth to his neighbour; execute the judgment of truth and peace in your gates; and let none of you imagine evil in your hearts against his neighbour, and love no false oath, for all these are things which I hate, saith Jehovah" (Zechariah vii. 9-11, viii. 14-16). The contents of the Torah, on obedience to which the theocracy is here based, are very suggestive, as also its derivation from the "old" prophets. Even Ezra can say (ix. 10, 11): "We have forsaken Thy commandments which Thou hast commanded by the servants the prophets, saying, The land unto which ye go to possess it is an unclean land with the filthiness of the people of the land, which have filled it from one end to another with their uncleanness." He is thinking of Deuteronomy, Ezekiel, and Leviticus xvii.-xxvi.

Of those who at the end reflected on the meaning of the development which had run its course, the writer of Isaiah xl.-lxvi. occupies the first place. The Torah, which he also calls mishpat, right (i.e., truth), appears to him to be the divine and imperishable element in Israel. With him, however, it is inseparable from its mouthpiece, the servant of Jehovah, xlii. 1-4, xlix. 1-6, l. 4-9, lii. 13-liii. 12. The name would denote the prophet, but here it stands for the people, a prophet on a large scale. Israel's calling is not that of the world-monarchies, to make sensation and noise in the streets (xiii. 1-4), but the greater one of promulgating the Torah and getting it received. This is to be done both in Israel and among the heathen. What makes Israel a prophet is not his own inner qualities, but his relation to Jehovah, his calling as the depository of divine truth: hence it involves no contradiction that the servant should begin his work in Israel itself. /1/

************************************* 1. This is as if one were to say that there is much to be done before we Evangelicals are truly evangelical. Yet the distinction as worked out in Isaiah xl. seq. is certainly very remarkable, and speaks for a surprising degree of profound meditation. ************************************

Till now he has spent his strength only in the bosom of his own people, which is always inclined to fall away from Jehovah and from itself: heedless of reproach and suffering he has laboured unweariedly in carrying out the behests of his Master and has declared His word. All in vain. He has not been able to avert the victory of heathenism in Israel, now followed by its victory over Israel. Now in the exile Jehovah has severed His relation with His people; the individual Hebrews survive, but the servant, the people of Jehovah, is dead. Then is the Torah to die with him, and truth itself to succumb to falsehood, to heathenism? That cannot be; truth must prevail, must come to the light. As to the Apostle Paul the Spirit is the earnest of the resurrection of those who are born again, so to our author the Torah is the pledge of the resurrection of Israel, the justification of the servant of Jehovah. The final triumph of the cause, which is God's, will surpass all expectations. Not only in Israel itself will the Torah, will the servant of Jehovah prevail and bring about a regeneration of the people: the truth will in the future shine forth from Israel into the whole world, and obtain the victory among all the Gentiles (xlix. 6). Then it will appear that the work of the servant, resultless as it seemed to be up to the exile, has yet not been in vain.

It is surely unnecessary for me to demonstrate how uncommonly vivid, I might say how uncommonly historical, the notion of the Torah is as here set forth, and how entirely incompatible that notion is with "the Torah of Moses." It might most fitly be compared with the Logos of the prologue of John, if the latter is understood in accordance with John x. 35, an utterance certainly authentic, and not according to Philo. As Jesus is the revelation of God made man, so the servant of Jehovah is the revelation of God made a people. The similarity of their nature and their significance involves the similarity of their work and of their sufferings, so that the Messianic interpretation of Isaiah lii. 13-liii. 12 is in fact one which could not fail to suggest itself. /1/

****************************************** 1. The personification is carried further in this passage than anywhere else, and it is possible that the colours of the sketch are borrowed from some actual instance of a prophet-martyr: yet the Ebed Jahve cannot have a different meaning here from that which it has everywhere else. It is to be noted that the sufferings and death of the servant are in the past, and his glorification in the future, a long pause lying between them in the present. A resurrection of the individual could not be in the mind of the writer of Isaiah xl seq., nor do the details of the description, lii. 12 seq., at all agree with such an idea. Moreover, it is clear that liv. 1-lvi. 8 is a kind of sermon on the text lii. 13-liii. 12; and there the prophecy of the glorification of the servant has reference to Zion. See Vatke, p. 528 seq. *******************************************

X.II.



X.II.1. In the 18th year of King Josiah (621 B.C) Deuteronomy was found and published. In the account of the discovery, 2Kings xxii. xxiii., it is always called simply the book of the Torah; it was accordingly the first, and in its time the only book of the kind. It is certainly the case that the prophets had written down some of their speeches before this, and the priests also may before this time have written down many of their precepts: it appears in fact, as Vatke surmises, that we have a monument of their spirit, e.g., in the Sinaitic Book of the Covenant. Deuteronomy presupposes earlier attempts of this kind, and borrows its materials largely from them; but on the other hand it is distinguished from them not only by its greater compass but also by its much higher claims. It is written with the distinct intention not to remain a private memorandum, but to obtain public authority as a book. The idea of making a definite formulated written Torah the law of the land, is the important point /1/

************************************** 1. Duhm, ap. Cil. p. 201. **************************************

it was a first attempt and succeeded at the outset beyond expectation. A reaction set in afterwards, it is true; but the Babylonian exile completed the triumph of the law. Extraordinary excitement was at that time followed by the deepest depression (Amos viii. 11 seq.). At such a time those who did not despair of the future clung anxiously to the religious acquisitions of the past. These had been put in a book just in time in Deuteronomy, with a view to practical use in the civil and religious life of the people . The book of the Torah did not perish in the general ruin, but remained in existence, and was the compass of those who were shaping their course for a new Israel. How thoroughly determined they were to use it as their rule we see from the revision of the Hexateuch and of the historical books which was taken in hand during the exile.

With the appearance of the law came to an end the old freedom, not only in the sphere of worship, now restricted to Jerusalem, but in the sphere of the religious spirit as well. There was now in existence an authority as objective as could be; and this was the death of prophecy.

For it was a necessary condition of prophecy that the tares should be at liberty to grow up beside the wheat. The signs given in Deuteronomy to distinguish the true from the false prophet, are no doubt vague and unpractical: still they show the tendency towards control and the introduction of uniformity; that is the great step which is new. /1/

**************************************** 1. The difference between Deuteronomy xviii. 22 and 1Kings xxii. 19-23 may be thought to throw light on the two positions. In the former passage we read that if a prophet says something in the name of Jehovah which does not come to pass, it is a word which Jehovah has not spoken. Here, on the contrary, Micaiah ben Imlah, when the prophets of Jehovah promise the king of Israel a happy issue of the campaign against the Syrians, regards the prediction as contrary to the truth, but as none the less on that account inspired by the spirit of prophecy; Jehovah, he said, had made his spirit a Iying spirit in the mouth of all his prophets. It may be that this difference reflects to us the interval between two different ages: but on the whole Micaiah's view appears to be rather a piece of ingenuity which might have been resorted to in later times as well. In the seventh century the command, "every firstborn is mine," was held to apply to the human firstborn as well, the sacrifice of which Jehovah was thought to require: this appears from Jeremiah's protest, "I commanded them not, neither came it into my mind," vii. 31, xix. 5. With reference to this Ezekiel says that because the Israelites despised the wholesome commandments of Jehovah, He gave them laws which were not good and statutes by which they could not live. That is a similar ingenious escape from a difficulty, without deeper meaning. See the converse, Koran, Sura ii. 174. *********************************************

It certainly was not the intention of the legislator to encroach upon the spoken Torah or the free word. But the consequence, favoured by outward circumstances, was not to be avoided: the feeling that the prophets had come to an end did not arise in the Maccabean wars only. In the exile we hear the complaint that the instruction of the priests and the word of the prophets are silent (Lamentations ii. 9); it is asked, where he is who in former times put his spirit in Israel (Isa lxiii. 11); in Nehemiah's time a doubtful question is left unsettled, at least theoretically, till the priest with Urim and Thummim, i.e., with a trustworthy prophecy, shall appear (Nehemiah vii. 69). We may call Jeremiah the last of the prophets: /2/

********************************* 2. In his early years Jeremiah had a share in the introduction of the law: but in later times he shows himself little edified by the effects it produced: the Iying pen of the scribes, he says, has written for a lie. People despised the prophetic word because they had the Torah in black and white (viii. 7-9). **********************************

those who came after him were prophets only in name. Ezekiel had swallowed a book (iii. 1-3), and gave it out again. He also, like Zechariah, calls the pre-exilic prophets the old prophets, conscious that he himself belongs to the epigoni: he meditates on their words like Daniel and comments on them in his own prophecy (xxxviii. 17, xxxix. 8). The writer of Isaiah xl. seq. might with much more reason be called a prophet, but he does not claim to be one; his anonymity, which is evidently intentional, leaves no doubt as to this. He is, in fact, more of a theologian: he is principally occupied in reflecting on the results of the foregoing development, of which prophecy had been the leaven; these are fixed possessions now secured; he is gathering in the harvest. As for the prophets after the exile, we have already seen how Zechariah speaks of the old prophets as a series which is closed, in which he and those like him are not to be reckoned. In the writing of an anonymous contemporary which is appended to his book we find the following notable expression: "In that (hoped-for) day, saith Jehovah, I will cut off the names of the idols out of the land, that they be no more remembered, and also I will cause to cease the prophets and the unclean spirit; and if a man will yet prophesy, his parents shall say unto him, Thou shalt not live, for thou speakest lies in the name of Jehovah, and his parents shall thrust him through when he prophesieth" (xiii. 2-3).

X.II.2. Deuteronomy was the programme of a reform, not of a restoration. It took for granted the existence of the cultus, and only corrected it in certain general respects. But the temple was now destroyed and the worship interrupted, and the practice of past times had to be written down if it was not to be lost. Thus it came about that in the exile the conduct of worship became the subject of the Torah, and in this process reformation was naturally aimed at as well as restoration. We have seen ) that Ezekiel was the first to take this step which the circumstances of the time indicated. In the last part of his work he made the first attempt to record the ritual which had been customary in the temple of Jerusalem. Other priests attached themselves to him (Leviticus xvii.-xxvi.), and thus there grew up in the exile from among the members of this profession a kind of school of people who reduced to writing and to a system what they had formerly practiced in the way of their calling. After the temple was restored this theoretical zeal still continued to work, and the ritual when renewed was still further developed by the action and reaction on each other of theory and practice: the priests who had stayed in Babylon took as great a part, from a distance, in the sacred services, as their brothers at Jerusalem who had actually to conduct them. The latter indeed lived in adverse circumstances and do not appear to have conformed with great strictness or accuracy to the observances which had been agreed upon. The last result of this labour of many years is the Priestly Code. It has indeed been said that we cannot ascribe the creation of such a work to an age which was bent on nothing but repristination. Granted that this is a correct description of it, such an age is peculiarly fitted for an artificial systematising of given materials, and this is what the originality of the Priestly Code in substance amounts to. /1/

******************************************** 1. Dillmann arrives at the conclusion that the assumption is the most natural one in the world, and still capable of proof from ACD (!) that the priesthood of the central sanctuary wrote down their toroth even in early times; and that it is absurd to suppose that the priestly and ceremonial laws were first written down, or even made, in the exile and in Babylon, where there was no worship. We will let it be absurd, if it is true. It is not progress, though it is a fact, that the kings were succeeded by the high-priests, and the prophets by the Rabbis. Yet it is a thing which is likely to occur, that a body of traditional practice should only be written down when it is threatening to die out, and that a book should be, as it were, the ghost of a life which is closed. ********************************************

The Priestly Code, worked into the Pentateuch as the standard legislative element in it, became the definite "Mosaic law." As such it was published and introduced in the year 444 B.C., a century after the exile . In the interval, the duration of which is frequently under-estimated, Deuteronomy alone had been known and recognised as the written Torah, though as a fact the essays of Ezekiel and his successors may have had no inconsiderable influence in leading circles. The man who made the Pentateuch the constitution of Judaism was the Babylonian priest and scribe, Ezra. He had come from Babylon to Jerusalem as early as the year 458 B.C., the seventh of Artaxerxes Longimanus, at the head of a considerable company of zealous Jews, provided it is said with a mandate from the Persian king, empowering him to reform according to the law the congregation of the temple, which had not yet been able to consolidate itself inwardly nor to shut itself off sufficiently from those without.

"Thou art sent of the king and of his seven counsellors to hold an inquiry concerning Judah and Jerusalem according to the law of thy God which is in thine hand....And thou Ezra, according to the wisdom of thy God which is in thine hand, set magistrates and judges which may judge all the people that are beyond the river, all such as acknowledge the laws of thy God, and teach ye them that know them not. And whosoever will not do the law of thy God and the law of the king, let him be prosecuted." So we read in the commission of the Persian king to Ezra, vii. 12-26; which, even should it be spurious, must yet reflect the views of his contemporaries. The expression taken from Ezra's own memoirs, vii. 27, leaves no doubt that he was assisted by Artaxerxes in the objects he had in view. /1/

*************************************** 1. With regard to his relation to the law, we have to consider the following points: he was a scribe (SWPR = literatus), at home in the Torah of Moses, vii. 6. He had directed his mind to study the Torah of Jehovah, and to do and to teach in Israel judgment and statute, vii. 10. "The priest Ezra, the master of the law of the God of heaven," vii. 21. The most important expression, however, is that which states that the law (the wisdom) of his God was in his hand: thus it was his private property, though it claimed authority for all Israel. With this agree the statements as to the object of the learned priest's mission. **************************************

But Ezra did not, as we should expect, at once introduce the law on his arrival in Judah. In concert with the heads of the people, and proceeding on the existing Torah, that, namely, of Deuteronony, he ordained and relentlessly carried out a strict separation of the returned exiles from the heathen and half-heathen inhabitants of the land. This was done a few months after his arrival in Jerusalem. But a long time, at least fourteen years, elapsed before he produced the law which he had brought with him. Why he delayed so long we can at the best only surmise, as no accounts have reached us of what he did in the interval; there is a great gap in the narrative of the Books of Ezra and Nehemiah between the 7th and the 20th year of Artaxerxes. Perhaps the outward circumstances of the young community, which, probably in consequence of the repellent attitude taken up to the surrounding peoples, were not of the happiest, made it unadvisable at once to introduce a legislative innovation; perhaps, too, Ezra desired to wait to see the correcting influence of the practice of Jerusalem on the product of Babylonian scholarship, and moreover to train up assistants for the work. The principal reason, however, appears to have been, that in spite of the good-will of the king he did not enjoy the energetic support of the Persian authorities on the spot, and could not without it get the authority of the new law recognised.

But in the year 445 it came about that a Jew and a sympathiser of Ezra, Nehemiah ben Hakkelejah, cup-bearer and favourite of Artaxerxes, appeared in Judea as Persian governor. With straightforward earnestness he first addressed himself to the task of liberating the Jewish community from outward pressure and lifting them up from their depressed condition; and, this being accomplished, the time had come to go forward with the introduction of the Pentateuch. Ezra and Nehemiah were manifestly in concert as to this. On the 1st day of the 7th month—we do not know the year, but it cannot have been earlier than 444 B.C.—the whole people came together as one man before the water-gate, and Ezra was called on to produce the book of the law of Moses, which Jehovah had commanded Israel. The scribe mounted a wooden pulpit; seven priests stood beside him on the right hand, and seven on the left. When he opened the book all present stood up, both men and women; with loud Amen they joined in the opening blessing, lifted up their heads, and cast themselves on the ground. Then he read the book, from early morning till mid-day, in small sections, which were repeated and expounded by a number of Levites dispersed throughout the crowd. The effect was that a general weeping arose, the people being aware that they had not till then followed the commandments of God. Nehemiah and Ezra and the Levites had to allay the excitement, and said: "This day is holy unto Jehovah your God; mourn not nor weep. Go your way, eat the fat and drink the sweet, and give unto them that have brought nothing with them." The assembled people then dispersed and set on foot a "great mirth," because they had understood the words which had been communicated to them. The reading was continued the next day, but before the heads of families only, and a very appropriate section was read, viz., the ordinances as to festivals, and particularly that about the feast of tabernacles, which was to be kept under branches of trees on the 15th day of the 7th month, the month then just beginning. The matter was taken up with the greatest zeal, and the festival, which had not been kept RITE since the days of Joshua ben Nun, was now instituted in accordance with the precepts of Leviticus xxiii. and celebrated with general enthusiasm from the 15th to the 22nd of the month. /1/

*************************************** 1. For eight days, according to Leviticus xxiii. 39: as against Deuteronomy xvi. 13-15. ***************************************

On the 24th, however, a great day of humiliation was held, with sackcloth and ashes. On this occasion also the proceedings began with reading the law, and then followed a confession of sins spoken by the Levites in the name of the people, and concluding with a prayer for mercy and compassion. This was preparatory to the principal and concluding act, in which the secular and spiritual officials and elders, 85 in number, bound themselves in writing to the Book of the Law, published by Ezra, and all the rest undertook an obligation, with oath and curse, to walk in the Torah of God, given by His servant Moses, and to keep all the commandments of Jehovah and His statutes and laws. Special attention was directed to such provisions of the Pentateuch as were of immediate importance for the people in the circumstances of the day—the greater part of the whole work is about the ritual of the priests—and those were in particular insisted on which refer to the contributions of the laity to the priesthood, on which the very existence of the hierocracy depended. /1/

*************************************** 1. Nehemiah viii. 1-x. 40. The credibility of the narrative appears on the face of it. The writer of Chronicles did not write it himself, but took it from his main source, from which also he drew the fragments he gives us of the memoirs of Ezra and Nehemiah. This we see from the fact that while copying Nehemiah vii. in Ezra ii. he unconsciously goes on with the beginning of Nehemiah viii. (= Ezra iii. 1). That shows that he found Nehemiah vii. and viii. in their present connection, and did not write viii. seq. himself, as we might suppose. **************************************

Lagarde expresses great surprise—and the surprise is reasonable— that so little importance is attributed to this narrative by Old Testament critics; only Kuenen had rightly appreciated its significance. /2/

****************************************** 2 Goettinger Gel. Anzeigen, 1870, p. 1557 seq. Kuenen, Religion of Israel, vol. ii. chapter viii. ******************************************

It is obvious that Nehemiah viii.-x. is a close parallel to 2Kings xxii. xxiii., especially to xxiii. 1-3. There we read that Josiah caused all the elders of Judah and Jerusalem to come together, and went up with the men of Judah and the inhabitants of Jerusalem, with the priests and the prophets and all the people, high and low, to the house of Jehovah; where he read to the assemblage all the words of the Book of the Law, and bound himself with all the people before Jehovah to keep all the words of the book. Just as it is in evidence that Deuteronomy became known in the year 621, and that it was unknown up to that date, so it is in evidence that the remaining Torah of the Pentateuch—for there is no doubt that the law of Ezra was the whole Pentateuch—became known in the year 444 and was unknown till then. This shows in the first place, and puts it beyond question, that Deuteronomy is the first, and the priestly Torah the second, stage of the legislation. But in the second place, as we are accustomed to infer the date of the composition of Deuteronomy from its publication and introduction by Josiah, so we must infer the date of the composition of the Priestly Code from its publication and introduction by Ezra and Nehemiah. It would require very strong internal evidence to destroy the probability, thus based on a most positive statement of facts, that the codification of the ritual only took place in the post-exile period. We have already seen of what nature the internal evidence is which is brought forward with this view. /1/

******************************************** 1. It is not, however, necessary, and it can scarcely be correct, to make Ezra more than the editor, the real and principal editor, of the Hexateuch: and in particular he is not likely to have been the author of Q. Nor on the other hand is it meant to deny that many new features may have been added and alterations made after Ezra. A body of customs is a subject which can scarcely be treated quite exhaustively. There are no directions about the nervus ischiadicus <**sciatic nerve??**>, about the priests having their feet bare, about shutting up before Jehovah (1Samuel xxi cf. Jeremiah xxxvi. 5), or about the stoning of adulterers. *******************************************

X.II.3. Ezra and Nehemiah, and the eighty-five men of the great assembly (Nehemiah viii. seq.), who are named as signatories of the covenant, are regarded by later tradition as the founders of the canon. And not without reason: only King Josiah has a still stronger claim to this place of honour. The introduction of the law, first Deuteronomy, and then the whole Pentateuch, was in fact the decisive step, by which the written took the place of the spoken word, and the people of the word became a "people of the book." To THE BOOK were added in course of time THE BOOKS; the former was formally and solemnly introduced in two successive acts, the latter acquired imperceptibly a similar public authority for the Jewish church. The notion of the canon proceeds entirely from that of the written Torah; the prophets and the hagiographa are also called Torah by the Jews, though not Torah of Moses.

The origin of the canon thus lies, thanks to the two narratives 2Kings xxii. xxiii., Nehemiah viii.-x. in the full light of history; but the traditional science of Biblical introduction has no clear or satisfactory account to give of it. Josiah, the ordinary notion is, introduced the law, but not the canon; Ezra, on the other hand, the canon and not the law. An analogy drawn from the secondary part of the canon, the prophets and hagiographa, is applied without consideration to the primary part, the Torah of Moses. The historical and prophetical books were, in part at least, a long time in existence before they became canonical, and the same, it is thought, might be the case with the law. But the case of the law is essentially different. The law claims to have public authority, to be a book of the community; the difference between law and canon, does not exist. Hence it is easy to understand that the Torah, though as a literary product later than the historical and prophetical books, is yet as law older than these writings, which have originally and in their nature no legal character, but only acquired such a character in a sort of metaphorical way, through their association with the law itself.

When it is recognised that THE CANON is what distinguishes Judaism from ancient Israel, it is recognised at the same time that what distinguishes Judaism from ancient Israel is THE WRITTEN TORAH. The water which in old times rose from a spring, the Epigoni stored up in cisterns.



CHAPTER XI. THE THEOCRACY AS IDEA AND AS INSTITUTION.

Writers of the present day play with the expressions "theocracy," and "theocratic" without making it clear to themselves what these words mean and how far they are entitled to use them. But we know that the word theokratia was only coined by Josephus; /1/

*************************************** 1. )OUKOUN )APEIROI MEN (AI KATA MEROS TWN )ETHWN KAI TWN NOMWN PARA TOIS )APASIN )ANTHRWPOS DIAFORAI. )OI MEN GAR MONARXIAIS, (OI DE TAIS )OLIGWN DUNASTEIAIS, )ALLOI DE TOIS PLHTHESIN )EPETREPYAN THN 'ECOUSIAN TWN POLITEUMATWN. (O D' (HMETEROS NOMOQETHS )EIS MEN TOUTWN OUD' (OTIOUN )APEIDEN, (WS D' )AN TIS )EIPOI BIASAMENOS TON LOGON QEOKRATIAN )APEDEICE TO POLITEUMA, QEW THN )ARXHN KAI TO KRATOS )ANAQEIS (contra Apion ii. 17). (" There are innumerable differences in the particular customs and laws that are among mankind; some have intrusted the power of their states to monarchies, some to oligarchies, and some to democracies: but our legislator had no regard to any of these forms, but he ordered our governmernt to be what I may call by a strained expression a theocracy, attributing the power and the authority to God." Compare also, on this whole chapter, Die Pharisaer und die Sadducaer, Greifswald, 1874. *****************************************

and when this writer speaks of the Mosaic constitution, he has before his eyes, it is well known, the sacred community of his own day as it existed down to the year 70 A.D. In ancient Israel the theocracy never existed in fact as a form of constitution. The rule of Jehovah is here an ideal representation; only after the exile was it attempted to realise it in the shape of a Rule of the Holy with outward means. It is perhaps the principal merit of Vatke's Biblical Theology to have traced through the centuries the rise of the theocracy and the metamorphosis of the idea to an institution.

XI.I.

XI.I.1. The upholders of the prevailing view do not assert that Moses wrote the Pentateuch, but they maintain all the more firmly that he organised the congregation of the tabernacle in the wilderness after the fashion described in the Priestly Code. They seem to think that Moses had no importance further than this; as if it were an act of no moment to cast into the field of time a seed which the action and reaction thence arising bring an immeasurable time after to maturity (Mark iv. 26 seq.). In fact Moses is the originator of the Mosaic constitution in about the same way as Peter is the founder of the Roman hierarchy. Of the sacred organisation supposed to have existed from the earliest times, there is no trace in the time of the judges and the kings. It is thought to have been a sort of pedagogic strait-waistcoat, to subdue the ungovernable obstinacy of the Hebrews and to guard them from evil influences from without. But even should it be conceded that a constitution could come into existence in ancient times which was so utterly out of relation to the peculiar life and temper of the people, the history of the ancient Israelites shows us nothing so distinctly as the uncommon freshness and naturalness of their impulses. The persons who appear always act from the constraining impulse of their nature, the men of God not less than the murderers and adulterers: they are such figures as could only grow up in the open air. Judaism, which realised the Mosaic constitution and carried it out logically, left no free scope for the individual; but in ancient Israel the divine right did not attach to the institution but was in the Creator Spirit, in individuals. Not only did they speak like the prophets, they also acted like the judges and kings, from their own free impulse, not in accordance with an outward norm, and yet, or just because of this, in the Spirit of Jehovah. The different view of different times is seen very characteristically in the views taken of Saul by the two versions above sifted and compared .

XI.I.2. It is a simple and yet a very important remark of Vatke, that the sacred constitution of the congregation, so circumstantially described to us in the Priestly Code, is after all very defective, and presupposes the existence of that which it was the chief task of the age of Moses to bring about, namely the state, in the absence of which the church cannot have any subsistence either. To maintain an elaborate and expensive worship, and an immense swarm of clergy, must have required considerable rates and taxes: and to raise these, as well as to uphold the authority of the sacred persons and institutions, and most of all to enforce the strict centralization and uniformity of the legitimate worship, all this among a people not yet very civilised, must have required an executive power which embraced and was able to control, the whole people. But where is this central authority in the period of the judges? Judicial competence resided at that time chiefly in the smallest circles, the families and houses. These were but little controlled, as it appears, by the superior power of the tribe, and the very notion of the state or of the kingdom did not as yet exist. Houses related to each other sometimes united for common undertakings, as no doubt also did neighbouring tribes; but this was not on the basis of any constitutional order, but from necessity, when it happened that a well-known man came forward to take the command and his summons to the levy was obeyed. These transient combinations under generals were the forerunners of a permanent union under a king: and even at the time of the Midianite war an attempt seems to have been made in this direction, which, however, was not quite successful. In the severe and protracted struggle with the Philistines the necessity for a solid union of the tribes was cryingly manifest, and the man came forward to meet the hour. Saul, a distinguished Benjamite of Gibeah, was overcome by anger at the scornful challenge which even the Ammonites ventured at such a time to cast in the teeth of his people: he called his fellow-countrymen to battle, not in virtue of any office he held, but on the strength of his own impulses; his enthusiasm proved contagious, none dared to say him nay. He began his career just like one of the earlier judges, but after he had led his people to victory they did not let him retire again. The person sought for, the king, was found.

Out of such natural beginnings did the state at that time arise: it owed nothing to the pattern of the "Mosaic theocracy," but bears all the marks of a new creation. Saul and David first made out of the Hebrew tribes a real people in the political sense (Deuteronomy xxxiii. 5). David was in the eyes of later generations inseparable from the idea of Israel: he was the king par excellence: Saul was thrown into the shade, but both together are the founders of the kingdom, and have thus a much wider importance than any of their successors. It was they who drew the life of the people together at a centre, and gave it an aim; to them the nation is indebted for its historical self-consciousness. All the order of aftertimes is built up on the monarchy; it is the soil out of which all the other institutions of Israel grow up. In the time of the judges, we read, every man did that which was right in his own eyes, not because the Mosaic constitution was not in force, but because there was no king in those days. The consequences were very important in the sphere of religion as well: since the political advance of the people brought the historic and national character of Jehovah to the front again. During the time of the judges the Canaanite festival cultus had gradually been coming to be embodied in the worship of Jehovah, a process which was certainly necessary; but in this process there was for some time a danger that Jehovah would become a God of husbandry and of cattle, like Baal-Dionysus. The festivals long continued to be a source of heathenism, but now they were gradually divested of their character as nature-festivals, and forced at length to have reference to the nation and to its history, if they were not to disappear completely. The relation of Jehovah to people and kingdom remained firm as a rock: even to the worst idolaters He was the God of Israel; in war no one thought of looking for victory and success to any other God. This was the result of Israel's becoming a kingdom: the kingship of Jehovah, in that precise sense which we associate with it, is the religious expression of the fact of the foundation of the kingdom by Saul and David. The theocracy was the state of itself; the ancient Israelites regarded the civil state as a miracle, or, in their own words, a help of God. When the later Jews thought or spoke of the theocracy, they took the state for granted as already there, and so they could build the theocracy on the top of it as a specially spiritual feature: just as we moderns sometimes see the divine element in settled ordinances, such as marriage, not in their own nature, but in the consecration added to them by the church.