Deuteronomy 21:1-23

THE ECONOMIC ASPECTS OF ISRAELITE LIFE

IT has often and justly been said that the life of Israel is so entirely founded on the grace and favor of God that no distinction is made between the secular and the religious laws. Whatever their origin may have been, whether they had been part of the tribal constitution before Moses' day or not, they were all regarded as Divinely given. They had been accepted as fit building stones for the great edifice of that national life in which God was to reveal Himself to all mankind, and behind them all was the same Divine authority. That being so, it is not wonderful, in times like these, when the air is full of plans and theories for the reconstruction of society in the interest of the toiling masses of men, that believers in the Scriptures should turn with hope to the legislation of the Old Testament. In the present state of things the material conditions of life are far more deadening and demoralizing for the multitude in civilized countries than they are in many uncivilized lands. That this should be so is intolerable to all who think and feel; and men turn with hope to a scene where God is teaching and training men, not merely in regard to their individual life, as in the New Testament, but also in regard to national life. It is seen, too, that the tone and feeling of these laws are sympathetic for the poor as no other code has ever been; and many maintain that, if we would only return to the provisions of these laws, the social crisis which is as yet only in its beginning, and which threatens to darken and overshadow all lands, would be at once and wholly averted. Men consequently are diligently inquiring what the land tenure of ancient Israel was, what its trade laws were, how the poor were dealt with, and how and to what extent pauperism was averted or provided for. Many say, If God has spoken in and by this people, so that their first steps in religion and morals have been the starting-point for the highest life of humanity, may we not expect that their first steps in political and social life will have the same abiding value, if rightly understood? Now the main thing in regard to which the economical arrangements of a nation are important is land. In modern times there may be some exceptionally situated communities, such as the British people, among whom commerce and manufactures are more important than agriculture; but in ancient times no such case could arise. In every community the land and the land tenure were the fundamentally important things.

Now the fundamental thing concerning it was that Yahweh, being the King of Israel, who had formed and was guiding this people as His instrument for saving the world, and who had bestowed their country upon them, was regarded as the sole owner of the soil. It is not necessary to quote texts to prove this, since it is the fundamental assumption throughout the Old Testament Scriptures that the Israelite title to their land was the gift of Yahweh. He had promised it to the fathers. He had driven out the Canaanite nations before Israel. He had by His mighty hand and His stretched-out arm established His chosen people in the place which He had chosen, and He had granted them the use and enjoyment of it so long as they proved faithful to Him. Consequently, in a quite real and palpable sense, there was no owner of land in Israel save Yahweh. And this thought was not without practical consequences of great moment. It was not a mere religious sentiment, it was a hard and palpable fact, that Yahweh ruled. Absolute proprietorship could never be built up on that basis, and never, as a matter of fact, was acknowledged in Israel. All were tenants, who held their places only so long as they obeyed the statutes of Yahweh. The sale in perpetuity of that which had been portioned out to tribes and families was consequently entirely prohibited. As against other nations, indeed, Israel was to possess this land, so that no heathen could be permitted to buy and possess even a scrap of it; but as against Yahweh and the purposes for which He had chosen Israel, all were equally strangers and sojourners, practically tenants at will, who could neither give nor take their holdings as if they were absolutely theirs. Yet, relatively, the land was given to the community as a whole, and according to Joshua 13:7 sqq. (a passage generally assigned to the Deuteronomic editor) it was parceled out by lot to the various tribes just before Joshua's death, according to their respective numbers. Then within the tribal domain the families in the wider sense had their portion, and within these family domains again the individual households. In this way the Israelite tenure of land occupies a middle point between the theories of Socialism and the high doctrine of private property in land which declares that the individual owner can do what he will with his own. The nation as a whole claimed rights over all the land, but it did not attempt to manage the public estate for the common good. It delegated its powers to the tribes. But not even they undertook the burdens of proprietorship. Under them the families undertook a general superintendence; but the true proprietary rights, the cultivation of the soil, and the drawing of profit from it, subject only to deductions made by the larger bodies, the families, the tribes, and the nation, were exercised only by individuals. The nation took care that none of its territory should be sold to foreigners, lest the national inheritance should be diminished, and the tribes did the same for the tribal heritage, as we see from the narrative concerning the daughters of Zelophehad. It was only within limits, therefore, and the individual proprietor was free; and though the rights of property were respected, the corresponding duties of property were set forth with irresistible clearness. The community, in fact, never abandoned its claims upon the common heritage, any more than Israel's Divine King did, and consequently the field within which proprietary rights were exercised was more restricted here than in any modern state.

Further, besides the prohibition of absolute sale which flowed from the recognition of Yahweh's ownership, and the limitations which tribal and family claims involved, there were distinct provisions in which the national ownership under Yahweh was plainly asserted. For example, it is enacted Deuteronomy 23:24 -"When thou comest into thy neighbor's vineyard, then thou mayest eat grapes thy fill at thine own pleasure; but thou shalt not put any in thy vessel. When thou comest into thy neighbor's standing corn, then thou mayest pluck the ears with thine hand; but thou shalt not move a sickle unto thy neighbor's standing corn." Allied to these were the provisions (Leviticus 19:9 ff; Leviticus 23:10) concerning gleaning, and not reaping the corners of the field. It will be observed that, though these latter may be discounted as intended for the relief of the poor alone, the former provision was for all, and that consequently it may be regarded as an undoubted assertion of the common ownership, or common usufruct, which, though latent, was always held to be a fact. In other ways also the same hint is given. The provisions for letting the land lie fallow in the seventh year and in the jubilee year, and for securing the use of what grew in the field for all who chose to take it, were interferences with the free-will of the individual owners or occupiers, which find their justification only in the fact that the general ownership was never suffered entirely to fall into the background.

To sum up then: this system aimed at securing the advantages both of the socialist view and of the individualistic view while avoiding the evils of both. Private enterprise was encouraged, by the individual being guaranteed possession of his land against any other individual; while public spirit and a regard for general interests were promoted by the restrictions which limited the private ownership. Further, and more important still, the whole relation of the nation and of the individual to the land was raised out of the merely sordid region of material gain into the spiritual and moral region, by the principle that Yahweh their God alone had full proprietary rights over the soil. All were "sojourners" with Him. He had promised this land to their fathers as the place wherein He should specially reveal Himself to them. Here, communion with Him was to be established, and to each household there had been assigned by Yahweh a special portion of it, which it would be equally a sin and an unspeakable loss to part with. Compulsion alone could justify such a surrender; and the completed legislation, whatever its date, and even if it remained always an unrealized ideal, shows how determined the effort was to secure the perpetuity of the tenure in the original hands. The ideal of Israelite life was consequently that the land should remain in the hands of the hereditary owners, and that the main support of all the people should be agricultural labor.

The hypothesis that this was the case is strengthened to a certainty by the manner in which commerce, one of the other main sources of wealth, is dealt with in the Israelite law. There is but little sympathy expressed with it, and some of the regulations issued are such as to render trade on any very large scale within Palestine itself impossible. From the use of the word "Canaanite" in the Old Testament el. Job 41:6 Proverbs 31:24 Zephaniah 1:2 Ezekiel 17:4, and Isaiah 23:8 it is clear that, even in the later periods of Israelite history, the merchants were so prevailingly Canaanites that the two words are synonymous. Nay, more; there can be no doubt that the commercial career was looked down upon. Even as early as the prophet Hosea the Canaanite name is connected with false weights and vulgar commercial cheating, Hosea 12:7 and it is looked upon as a last degradation that Ephraim should take delight in similar pursuits. In all that we read of merchants in the Old Testament we seem to hear the expression of a feeling that commerce, with its necessary wanderings, its temptations to dishonesty, its constant contact with heathen peoples, was an occupation that was unworthy of a son of Israel. Even Solomon's success as a royal merchant would not seem to have overcome this feeling, nor did the later commercial successes of kings like Jehoshaphat. In fact the ordinary Israelite had the home-staying farmer's contempt and suspicion of these far-wandering commercial people, so much more nimble-witted than himself, who were therefore to be regarded with half-admiring wariness.

But the very sinews of extensive commerce were cut by the law against the taking of interest from a brother Israelite. Without credit, or the lending of money, or what is called sleeping partnership (and all these are bound up with receiving interest), it is impossible to have extensive trade. Without them every merchant would have to limit his operations to cash transactions and to his own immediate capital, and the great combinations which especially bring wealth would be impossible. Now we do not need at present to discuss the wisdom of prohibiting the taking of interest, nor the still more debated question whether that ancient prohibition would be wise or advantageous now. It is enough for our purpose that usury in its literal sense was actually forbidden among Israelites, and that they were thus shut out from the developed commercial life of the surrounding nations. As a result trade remained in a merely embryonic condition.

But in still other ways the Sinaitic legislation interfered with its development. The inculcation of ceremonial purity, especially in food, and the effort to make Israel a peculiar people unto Yahweh, which distinguishes even the earlier forms of the law, made intercourse with foreigners and living abroad always difficult and under some circumstances impossible. Consequently all the legislation that can possibly be considered commercial was of a very rudimentary character. From every point of view it is clear that ancient Israel was not a commercial people, and that the Divine law was intended to restrain them from commercial pursuits. They could not have been the holy and peculiar people they were meant to be, had they become a nation of traffickers.

With regard to manufacturing industries the case was not essentially different. Such pursuits were, it is true, more honored than commerce was, for skill in all arts, whether agricultural or industrial, was regarded as a special gift of the Almighty. But so far as the records go, there is no evidence that a manufacturing industry existed, beyond what the very limited needs of the nation itself demanded. From the fact that, according Proverbs 31:24, which was probably written late in the history of Israel, the manufacturing of linen garments for sale and of girdles for the Canaanites was the business of the thrifty and virtuous housewife, we may gather that systematic wholesale manufacture of such things was unknown. Probably the case was not otherwise in regard to all branches of industry. There are no traces of trade castes, nor of manufacturing towns; so that the manufacturing industries, so far as they existed, had no other place than that of handmaids to agriculture, by which the nation really lived.

According to the Old Testament, then, the ideal state of things for a people like Israel was that every household should be settled upon the land, that permanent eviction from or even alienation of the holdings should be impossible, and that the whole population should have a common interest in agriculture, that most honorable and fundamental of all human pursuits.

There were, of course, some men in Israel more prominent than others, and some richer, but there was to be no impassable barrier between classes such as we find in Eastern countries where caste prevails, or in Western countries where the aristocratic principle has drawn a deep dividing line between those of good blood and all others. So far as is known, there were no class barriers to intermarriage. From the highest to the lowest, all were servants of Yahweh, and were consequently equal. The conditions of the land tenure were such that it was impossible, if they were respected, that large estates should accumulate in the hands of individuals, and a landless proletariate could not arise. The very rich and the very poor were alike legislated out of existence, and a sufficient provision for all was that which was aimed at. By the cycle of Sabbatic periods (the weekly Sabbath, the Sabbatic year, and the year of jubilee) ample rest for the land and its inhabitants was secured; and in the limits set upon the period for which a Hebrew slave might be retained, in the release, whatever that was, which the seventh year brought to the debtor, and in the restoration of land to the impoverished owner in the year of jubilee, such a series of breakwaters were erected against the inrushing flood of pauperism, that, had they been maintained, the world would have seen for the first time a fairly civilized community in which even moderate ill-desert in a man could not bring irretrievable ruin upon his posterity. The prodigal was hindered from selling his heritage; he could only sell the use of it for a number of years. He could not ruin himself by borrowing at extravagant rates of interest, for no one was tempted to lend him, and usury was forbidden. He might indeed run into debt and be sold into slavery along with his family, but that could only be for a few years, and then they all resumed their former position. In this very land where the fact, Divinely impressed upon human life, that the sins of the fathers were visited on the children was most unflinchingly taught, the most elaborate precautions were taken to mitigate the severity of this necessary law. From the first the ideal was that there should be no son or daughter of Israel oppressed or impoverished permanently; and whatever the stages of advance in Israelite law may have been, and whatever the date of particular ordinances may be, there is an admirable consistency of aim throughout. Even should it be proved that the Sabbatic ordinances remained mere generous aspirations, which never entered into the practical life of the people at all, that fact would only emphasize the earnestness and persistency with which the inspired legislators pursued their generous aim. No change in circumstances turned them aside. The glitter of the wealth acquired by Solomon and other kings by commerce never seduced them. No ideal but that early one of every man sitting under his own vine and his own fig-tree, with none to make him afraid, which is witnessed to before the Exile, Micah 4:4 in the Exile, 1 Kings 4:25 and after the Exile, Zechariah 3:10 was ever cherished by them; and the whole economic legislation is entirely consistent with what we know of the earliest time. And the deepest roots of it all were religious. The Biblical writers have no doubt at all that the ideal economic state can be reached only by a people attuned by religion to self-sacrifice, to pity, and to justice. In this they differ radically from the socialists or semi-socialists of today. These imagine that man needs only a favorable environment to become good; whereas the Scriptural writers know that to use well the best environment is a task which, more than anything, puts strain upon the moral and spiritual nature. For to deal in a supremely wise fashion with great opportunities is the part only of a nature perfectly moralized. Consequently all the social laws of Israel are made to have their root in the relation of the people to their God.

There was only one power that could secure that this admirable machinery would move, and keep it moving. That was the love and fear of God. The conduct prescribed was the conduct befitting the true Israelite, the man who was faithful in all his ways. The laws marked out the paths wherein he should walk if he willed to do God's will. They were, therefore, ideal in all their highest prescriptions, and could never; become real except where the true religion had had its perfect work. In that respect the Sermon on the Mount resembles the Israelite law. It presupposes a completely Christian society, just as the old law presupposes a completely Yahwistic society, i.e., a society made up of men who made devotion to their God the chief motive of their lives. In such a community there would have been no difficulty in entirely realizing the state of things aimed at here, just as in a community penetrated by the love of Christ the Sermon on the Mount would be not only practicable but natural. But without that supreme motive much that the enactments of both the Old Testament and the new demand must remain mere aspiration. Just in proportion as Israel was true to Yahweh was the law realized, and the demands of the law always acted as a spur to the better part of the people to enter into fuller sympathy and communion with Him in order that they might respond to them. The law and the religion of the people acted and reacted upon one another, but the greater of these two elements was religion.

It was not wonderful, therefore, that to a large extent this legislation failed, as men measure failure. The religious state of the nation never was what it should have been; and the law, though it was held to be Divine, was never wholly observed. In the Northern Kingdom, by the time of the Syrian wars, the old constitution of Israel had broken up. The hardy yeomanry had been ruined and dispersed. Their lands had been seized or bought by the rich, and every law that had been made to ensure restoration was habitually disregarded. As Robertson Smith states it: "The unhappy Syrian wars sapped the strength of the country, and gradually destroyed the old peasant proprietors who were the best hope of the nation. The gap between the many poor and the few rich became wider and wider. The landless classes were ground down by usury and oppression, for in that state of society the landless man had no career in trade, and was at the mercy of the landholding capitalist." And in Judah the state of things, though not so bad, was similar. In the days of Zedekiah we know that Hebrew slaves were held for life, instead of being released in the seventh year. Cf. Jeremiah 34:8 ff. The properties of those compelled to sell were never returned to the owners, and all the laws that were meant to secure the welfare and prosperity of the masses of Israel were contemptuously disregarded. In short, the worst features of a purely competitive civilization, with materialism eating into its soul, became glaringly manifest. All the canonical prophets without exception denounce the vices and tyrannies of the rich. Cf. Amos 2:6 ff. As far as can be learned, moreover, the year of release and the Sabbatic year were not regularly or generally observed, while the jubilee year would seem never to have been kept after the Exile. The laws regarding taking interest were also evaded. Nehemiah 5:1 seq.

Nevertheless it would be a great error to suppose that these Divinely given social laws should be branded as a failure. They were not lived up to, and it is not improbable that the corruption of the people's life was in a degree intensified by the reaction from so high an ideal. But the axiom which is current now in all the newspapers, that laws too far above the general level of the national conscience cannot be enforced, and becoming a dead letter tend to produce lawlessness, does not apply to such codes as those of Israel. These, as has more than once been pointed out, were not of the same character as our legal codes are. Among us, laws are meant to be observed with minute and careful diligence, and any breach of them is punished by the courts, which, on the whole, can be easily set in motion. Ancient religious codes are never of that kind. They do contain laws of that character, but the bulk of the provisions are not laws which the executive is to enforce, but ideals of conduct which the true worshipper of God ought to strive to attain to. It is, therefore, of their very essence that they should be far above the average national conscience. Nations whose ideals soar no higher than the possible attainment of the average man as he is, have virtually no ideals at all, and are cut off from all enduring upward impulses. Those, on the contrary, who have a vision of the perfect life, are certain to be both humbler, and at the same time more sure to persist in the painful path of moral discipline. As "a man's reach should exceed his grasp," so also should a nation's; and though it is almost always forgotten, it is precisely Israel's glory that she set up for herself and exhibited to the world an ideal of brotherhood, of love to God and man, to which she could not attain. Great as the practical failure in Israel was, therefore, no fault can be found in the legislation. It molded the characters of men who were sensitive to the influences coming from God, so that they became fit instruments of inspiration; and it made their lives examples of the highest virtue that the ancient world knew. Further, it gave shape to the hopes and aspirations of the people, especially where it was not realized. The year of jubilee, for example, is the groundwork of that great and affecting promise contained in Isaiah 61:1: "The Spirit of the Lord Yahweh is upon me, because Yahweh hath anointed me to preach good tidings unto the meek; He hath sent me to bind tip the broken-hearted, to proclaim liberty ( deror) to the captives, and the opening of the prison to them that are bound; to proclaim the acceptable year of Yahweh and the day of vengeance of our God; to comfort all that mourn." That which was unattainable here, amid the greeds and lusts of an unspiritual generation, gave color to the Messianic future; and men were taught to look and wait for a kingdom of God in which a peace and truth that could not as yet be reached would be the certain possession of all.

When we turn to modern times and modern circumstances, it is not easy to see how this ancient law can be applicable to them. In the first place, much of it was made binding upon Israel only because of its peculiar character as the people to whom the true religion was revealed. As custodians of that, they were justified in keeping up walls of partition between themselves and the world, which if universally accepted would only be hurtful to the highest interests of mankind. On the contrary, the development of the true religion having been completed by the coming of Christ, it is the duty of those nations which enjoy the light to spread abroad the "good news" of God which they have received, and to exhibit its power among all the nations of the earth. The highest and most Divine call which can now come to any people must, therefore, be radically different in some chief aspects from that of Israel. In the second place, the civilization and culture of the great nations of today are far more complicated than any ancient civilization ever was, and the general level is fixed by an action and reaction extending over the whole civilized world. No successes can be achieved, no blunders can be committed, in any part of the world which do not affect almost immediately the farthest ends of the earth. Moreover the intimate and universal correlation of interest makes interference with any piece of the complicated whole an exceedingly perilous matter. Any proposal that this law, as being Divinely given, ought in its economic aspect to be made universally binding, should therefore be met by a demand for a careful inquiry into possible differences between ancient life and modern, which might make guidance Divinely given to the one inapplicable to the other. It is not necessarily true that because Israel by Divine command established every household upon the soil, forbade interest, and did nothing to encourage trade and manufactures, we should do these things. Take, for instance, the case of interest. In our day, and in civilizations of a high type, lending money to a person not in distress at all, but who sees an opportunity of making enough by the use of borrowed money to pay the interest and make a profit, is often a most praiseworthy and charitable act.

But if the Israelite legislation in regard to interest cannot justly be taken as a law for all time, still less can any great modern state neglect or discourage commerce and manufactures. The merely embryonic character of commercial legislation, and the contempt for the merchant which did in ancient days exist, would be exceedingly out of place now. There is no career more honorable than that of the merchant of our day when he carries on his business in a high-minded fashion, nor is there any member of the community whose calling is more beneficent than his. So long as he looks for gain to himself' in ways which, taken on the great scale, bring benefit both to producer and consumer, his activity is purely beneficial. There is absolutely no reason why commercial life should not be as honest, as sound, as much in accord with the mind of God, in itself, as any other manner of life. For in many ways it has been a civilizing agent of the highest power. Of course, if the charges brought against merchants by Ruskin, for example, who seizes upon and believes every story which involves charges of fraud against modern commerce, were true; if it were impossible, as he says it is, for an honest man to prosper in trade, then we might have some ground for condemning this branch of human activity. But happily only a confirmed and incorrigible pessimist can believe that. In our time some of the noblest men of whom we have any knowledge have been merchants, and among no class has so much princely generosity been exhibited. If mercantile help had been withdrawn from the poor, if the time, the money, the organizing skill which merchants have freely expended upon charities were suddenly to fail them, the case against our modern civilization would be indefinitely stronger than it is. Moreover the immense expansion of credit which is at once the glory and the danger of modern commerce, is itself a proof that such wholesale condemnation as we have spoken of is unwarrantable. The bulk of commerce must, after all, be fairly sound, otherwise it could not continue and spread as it does. And, as against the evils which affect it in common with all human activities, we must put the fact that it brings the produce of all lands to the door even of the poor, and by the constant contact between nations which it causes it is influencing the thought as well as the lives of men. Human brotherhood is being furthered by it, slowly, it is true, but surely, and the barriers which separate the nations are being sapped by its influence. These are indispensable services for the future progress of mankind, and make commerce now as much the necessary handmaid of the highest life as it would have been a hindrance to it in the case of the chosen people, before they had assimilated the truths of which they were to be the bearers to the world. That commerce, and trade in general, need to be purified goes without saying. That it may, of late years, have deteriorated, as the general decay of faith and the pursuit of luxury have weakened the sanctions of morality, is not improbable. But in itself it is not only a legitimate human activity; it is also an admirable instrument for bringing home to the consciences of men the truth that they are all their brothers' keepers. It presses home as nothing else could do the great truth proclaimed by St. Paul in regard to the Church, as true also of the world, that if one member suffers all the body suffers with it. Every day through this channel men are receiving lessons, which they cannot choose but hear, to the effect that no permanent benefit can come from the loss and suffering of men in any part of the world; that peace and righteousness and good faith are things which have supreme value even in the mercantile sense; and that, conversely, the merchant's pursuit of wealth, if carried on in accord with the fundamental truths of morality, inevitably becomes a potent factor in that advance to a world-wide knowledge of the Lord, which gleamed before the eyes of prophets and seers as the

"Far-off Divine event,

To which the whole creation moves."

But if we cannot make the Old Testament our law in regard to commerce, we must ask whether the legislation in regard to land has for us any binding force? Viewing it with this question in our minds, I think we must be struck by one fact, this namely, that the universal possession of land which was provided for in Israel and so anxiously maintained is the only provision known against the growth of a wage-earning class largely, if not entirely, at the mercy of the employer. In Greece and Rome the population at first were all settled on their own lands, and it was only when by money-lending the small properties were bought up and turned into huge farms, worked by farm-bailiffs and slaves, that misery began to invade all parts of the social fabric. In mediaeval and feudal England, on the other hand, and indeed wherever the feudal system existed, the cultivators, even when they were serfs, had an inalienable right to the land. They could not be evicted if they rendered certain not very burdensome services to the lord. "As long as these dues were satisfied, it is plain the tenant was secure from dispossession," says Professor Thorold Rogers ("Six Centuries," etc., p. 44). But in time that system was broken down; and ever since, until within the last half-century, the course of things with the laboring classes in England has been one long descent. So long as the people were attached to the soil, and so long as all alike practiced agriculture, as in Palestine under the Mosaic law, Englishmen lived in rough plenty, and were for the most part content. The fifteenth century was the golden age of mediaeval agriculture; but a change for the worse came in with the seventeenth, and it continued.

Two measures-the introduction of competitive rents with its corollary, eviction, and the enclosure of the common lands-worked gradually on until they have entirely divorced the workman from the soil, and Professor Cairnes has told us clearly what that means. "In a contest between vast bodies of people so circumstanced and the owners of the soil the negotiation could have but one issue, that of transferring to the owners of the soil the whole produce, minus what was sufficient to maintain in the lowest state of existence the race of cultivators. This is what has happened wherever the owners of the soil, discarding all considerations but those dictated by self-interest, have really availed themselves of the full strength of their position. It is what has happened under rapacious governments in Asia; it is what has happened under rapacious landlords in Ireland; it is what now happens under the bourgeois proprietors of Flanders; it is, in short, the inevitable result which cannot but happen in the great majority of all societies now existing on earth where land is given up to be dealt with on commercial principles unqualified by public opinion, custom, or law." The result is that the laborers have only their daily wages to depend upon. "They have no means of productive home industry; they have not even a home from which they cannot be ejected at any moment on failure to pay the weekly rent; they have no land, garden, or domestic animals, the produce of which might support them till fresh work could be obtained."

We need not wonder that this question of the occupancy of land as the only visible remedy for the hideous social state of the most highly civilized nations of the world is gradually becoming the question of our time. A great reaction against the purely commercial theory of land tenure has taken place. The land legislation in Ireland has been based on the doctrines that the nation cannot permit absolute property in land, and that there is no hope for any permanent improvement in the condition of the poor until laborers have land of their own. Now these are precisely the principles of the Scriptural land legislation. Under it landlords with absolute rights over land were impossible, and the rise of a proletariate at the mercy of the capitalist was also impossible. It is not so strange, therefore, as it might at first sight appear, that the demands of advanced land reformers, as they are voiced in Mr. Wallace's book (p. 192) are mutatis mutandis, identical with the provisions of the Israelite law. He demands

(1) that landlordism shall be superseded by occupying ownership;

(2) that the tenure of the holders of land must be made secure and permanent;

(3) that arrangements must be made by which every British subject may secure a portion of land for personal occupation at its fair agricultural value; and

(4) that in order that these conditions be rendered permanent subletting must be absolutely prohibited, and mortgages strictly limited.

This essential oneness of view in the modern land reformer and in the ancient law is all the more remarkable that, so far as can be gathered from his book, Mr. Wallace has never regarded the Old Testament from this point of view. He never quotes it, and is apparently quite unconscious that the plan which experience of present evils, and acute and disinterested reflection on them, has suggested to him, was set forth thousands of years ago as the only righteous one.

But this is not by any means the end of the matter. Even if the social reformers of our day could restore society to the conditions set forth so emphatically and so long ago in Israel, history proves that nothing more than a temporary improvement might be accomplished. In Israel, as we have seen, with the decay of religion came the decay of this righteous social state. Human selfishness then shook off the curb of religion, and gave itself without restraint to the oppression of the poor. Have we any reason to believe that now human selfishness would do less? There appears little ground to think so; and though we may believe that without the acceptance of Deuteronomic principles in modern life we cannot restrain the growth of poverty, even with Deuteronomic principles embodied in our Jaws nothing will be done if the people turn their backs upon religion, make selfish enjoyment their highest good, and the comforts and pleasures of a merely material life their only heart-warming aspiration. In that fact we have an indication of the true functions of the Church and of religious teachers in the social and political life of our time and of times to come. As individuals, religious men should certainly be found always among the advocates of all laws and plans which tend to justice and mercy, and to the raising of the toilers everywhere to a higher standard of living. Further, at no time should the Church be found committed to a purely conservative policy, of retaining things as they are. The undeniable facts as to the condition of the poor are so utterly unjustifiable, that to leave things as they are is to fall into the treason of despair in regard to the future of our race, and into scarcely veiled disbelief of the essential truth of Christianity. No Church whose heart has not been corrupted by worldliness can think for a moment that the present state of things in all highly civilized communities is even tolerable. It cannot last, and it ought not to last; the Church that timidly supports it, lest worst things should come, is named and known thereby for recreant to Christ and to the highest hopes of His Gospel. But, on the other hand, it is only in very exceptional circumstances, and for short intervals, that the Churches and their ministers can ever be called upon to make the external, material condition of the people their first and chief care. They have a place of their own to fill, a function of their own to discharge; and upon their efficiency and diligence in these the stability and permanence of all that politicians and publicists can accomplish ultimately depends. They must keep alive and nourish the religious life, as that life has been shaped and constituted by our Lord Jesus Christ. Their province is to witness, in season and out of season, for a life of purity and love, for the Divine and ideal sides of things, for the necessity, for man's highest well-being, of a life hid with Christ in God. If they do not keep up this testimony, no others will; and if it be dropped out of sight, then the social agony and struggle, the patriotic and humanitarian strivings of all the reformers, will lack their final sanction. Men will inevitably come to think that man's life does consist in the abundance of the things that he possesses, the leisure, the amusement, the culture which by combining material resources he may attain to. But it is to deny and denounce that view that the Church exists in the world. It was to lift men out of it, to set them above it forever, that Christ died. It is finally only by abandoning it that the highest social condition can be reached and made permanent for the multitudes of men. In no way therefore can the Church so dangerously betray the cause of the poor and the oppressed as by plunging into the heat of the social and political struggle. She has to witness to higher things than that involves, and her silence in the ideal region which would certainly follow her devotion to material interests, however unselfish, would be but ill compensated for by any imaginable success she might attain.

JUSTICE IN ISRAEL

AMONG the nations of the modern world one of the most vital distinctions is the degree in which just judgment is estimated and provided for. Indeed, according to modern ideas, life is tolerable only where all men are equal before the law; where all are judged by statutes which are known, or at least may be known, by all; where corruption or animus in a judge is as rare as it is held to be dishonorable. But we cannot forget that in the majority of even the more advanced countries of the world these three conditions are not yet found, and that where they do exist they are only recent acquirements. In the latest born, and in many respects the most advanced of the great commonwealths, in the United States of America, the corruption of a number of the inferior courts is undeniable, and is tolerated with a most disappointing patience by the people. In England Judge Jeffries is no very remote memory, and Lord Bacon's acceptance of presents from litigants in his court has only been made more certain by recent investigations. An absolutely honest intention to give even-handed justice to all is, therefore, even in England, only a recent attainment, and in no country is the honest intention always successful in realizing itself. But if this be so among the civilized nations of the West, we may say that in Oriental countries there has been little of systematic and continuous effort to give even-handed justice at all. Yet nowhere has the sinfulness and the destructiveness of corruption in judgment been more impassionedly and more frequently set forth by the highest authorities in religion and morals, than in the East. Tupper, our most recent authority, in writing of "Our Indian Protectorate," p. 289, describes the Indian attitude to law thus: "There was not that reverence for law which in Europe is in all probability very largely due to the influence of the Roman law, and to the teaching of the Roman Catholic and other Christian Churches. So far as there was a germ out of which the respect for law ought to have grown, it was to be found in dislike to actions plainly opposed to custom and tradition. There was a deeply rooted and widespread conviction that there could be no rule to which exceptions could not be made, if agreeable to the discretion of the chief or any of his delegates. The chief was set above the law; it did not limit his authority by any constitution. There was no legislation for the improvement of law. The administration of justice was extremely imperfect." The same writer describes the result of such a state of mind in his picture of Mahratta rule (p. 247). "There was," he says, "no prescribed form of trial. Men were seized on slight suspicions. Presumptions of guilt were freely made. Torture was employed to compel confession. Prisoners for theft were often whipped at intervals to make them discover where the stolen property was hidden. Ordinarily no law was referred to except in cases affecting religion." That there were both Hindu codes and Mohammedan codes in existence which claimed and were believed to have Divine authority made no difference in India. Nor does it make any in Persia today.

Now, in coming to the consideration of the views of justice embodied in Old Testament law, and the quality of the judiciary in ancient Israel, we must take not Western but Eastern ideas as our standard. Judging from that point of view, it should create no prejudice in our minds if we find on the first glance that all men were not equal before the ancient law of Israel; that for a considerable period, if not during the whole political existence of Israel, there was no very extensive written law; and that arbitrary and corrupt judgment was only too common at all times. For none of these defects would indicate in ancient Israel the same evils as similar defects in nations of our time would indicate. They are rather defects in the process of being overcome, than defects arising from feeble or vitiated life. If there was a constant movement towards the highest state of things, that is all we can demand or expect to find.

Now there does seem to have been that. As has been well pointed out by Dr. Oort, in the tribes which became Israel justice must have been administered by the heads of the various bodies which went to make these up. The household was ruled even in matters of life and death solely, by the father; the family, in the wider sense, was judged by its own heads; the tribes by the elders of the tribes, and there probably was no appeal from one tribunal to another. Each tribunal was final in its own domain. It may be, also, that the judicial function was in all these bodies exercised in the lax and timid fashion common among Bedouin tribes today. In all cases, too, it is probable that in the pre-Mosaic time the standard of judgment was customary law. Only with this very great modification can Oort's epigrammatic description of the situation-"There was no law, but there were givers of legal decisions"-be accepted. So far as can be ascertained, the customs according to which men were expected to live were perfectly well known, and within certain narrow limits of variation were extraordinarily table. How stable customary law may be made, even in the midst of a society governed in the main according to written law in its strictest sense, may be seen in the execration which any breach of the Ulster custom of tenant right met with, before that custom was embodied in any statutes. And in antiquity the stringency of custom can hardly be exaggerated. Under it, when thoroughly established, there was, in all the cases covered by it, only this one way of acting lot: all, both men and women, who were fit for society at all. Any alternative course was probably inconceivable in the tribal stage of the Israelites' existence.

But a change would doubtless be wrought whenever the appointment of a king took place. Then national law would appear, in embryo at least; and at first, until custom had grown up in this region also, it would largely be an expression of the will of the king, and of the royal officers instructed and trained by the king. But it would have free and unchallenged course only when it claimed authority in matters lying outside of the family and tribal jurisdictions. Wherever it attempted to interfere with tribal or family rights, danger to the kingship of the most acute kind would be sure to arise. In all probability, it was disregard of this axiomatic truth which made Solomon's reign so burdensome to the people and tore the kingdom asunder under Rehoboam. Ahab too fell a victim to his disregard of it. Lastly, the introduction of elaborate written codes of law would, if it came as the crown of such a development, depose custom from its supremacy, though it would not abolish it; and would substitute for it as the main element in all judicial matters the written prescription, which is the necessary presupposition of a fully organized judiciary of the modern type, with a regulated and definite power of appeal.

But in the case of ancient Israel there is a distinguishing element which has to be fitted into this ordinary scheme of progression, and that is the Divine revelation to Moses. Taken up at the tribal stage by the Mosaic revelation, the Israelite tribes were touched and welded into coherence, if not quite as a nation, at least as the people of Yahweh, so that during all the distracting days of the Judges they kept up in essentials their social and religious unity. And with the religious union there must have come administrative uniformity to some considerable extent. The jurisdiction of the heads of households, of heads of families, and of the tribal elders would be as little interfered with as possible; but, as we have seen, all customs and rights had to be reviewed from the point of view of the new religion, and appeal to Moses as the prophet of it must have often been unavoidable. Just as his first followers were continually coming to Mohammed, to ask whether this or that ancient custom could be followed by professors of Islam, so there must have been constant appeals to Moses. So long as he lived, therefore, he, and after him Joshua and Moses' fellow-tribesmen the sons of Levi, as being specially zealous for the religion of Yahweh, must have been constantly called in to assist the customary judges; and so the habit of appeal must have grown in Israel long before there was any king. Thus also a common standard of judgment would be established. That standard must necessarily have been the law of Yahweh, i.e., the new Yahwistic principles and all that might prima facie be deduced from them, together with so much of custom and tradition as had been accepted as compatible with these principles. We have stated the reasons for holding that the Decalogue was Mosaic, and the Book of the Covenant may be taken also to represent what the current law in Mosaic or sub-Mosaic time was held to be. As Oort well says ( loc. cit.), when we know that the Hittites about the middle of the fourteenth century B.C. concluded a treaty with Rameses II of Egypt the terms of which were written upon a silver plate, "why may there not also have been written statements regarding the mutual rights and duties of the people of a town, engraved upon stone or metal, and set forth openly for inspection?" What he confines to mere town business and refers to the time of the Judges, we may without risk extend to a general fundamental law like the Decalogue, or even to the Book of the Covenant, and date it in the time of Moses. Writing was so common an accomplishment in Canaan before the Exodus, that such a supposition is not in the least improbable. These written laws formed the crown of the law of Yahweh, and by them all the rest was raised to a higher level and transformed.

As new men, new times, and new difficulties arose, the priest became the special organ of Divine direction. It may be that the priestly Torah was largely the result of the sacred lot; but the questions that were put, and the manner in which they were put, would be decided ultimately by the conception the priest had of the truth about God. The teaching of the Decalogue would therefore be the dominant and formative power in all that was spoken by the priest and for Yahweh. In the disorganized state into which Israel fell during the time of the Judges, when, as Deuteronomy takes for granted, and as 1 Kings 3:2 asserts, the legitimate worship of Yahweh was carried on at many centers, the substantial sameness of the tradition as to the history of Israel, in all the varied forms in which we encounter it, is proof sufficient that at each of the great sanctuaries (which were certainly in the hands of Levitical priests) the treasure of ancient knowledge, both in law and history, was carefully and accurately preserved. New decisions would be given, but they came through men penetrated with the high thoughts of God, and of His people's destiny, which Moses had so fruitfully set forth. This was the element in the life of the people which all the higher minds strove to perpetuate, and, being spiritual, it spiritualized and raised all accessory things. Consequently there was, long before the kingship, what was equivalent to a national feeling of the highest kind, and the conception of justice and its administration corresponded to that.

In the Book of the Covenant, which in this matter represents so early a period that there is no mention of "judges," only of Pelilim, i.e., arbitrators, Exodus 21:22 so that the tribal and family heads can alone have exercised judicial functions, we find the most solemn warnings against any legal perversion of right to gain popularity, against yielding to the vulgar temptation to oppress the poor, or to the subtler and, for generous minds, more insidious temptation, to give an unjust judgment out of pity for the poor. Israel was, moreover, to keep far from bribery, "which blindeth them that have sight, and perverteth righteous causes." In no way was the law to be used for criminal or oppressive purposes. From the very first, therefore, in Israel the higher principles of faith and life set themselves to combat d'outrance the tendency to unjust judgment, which seems now, at least, quite ineradicable in the East, save among the Bedouin.

A still higher note is struck in the repetition of the law in the Book of Deuteronomy. In chapter 1, originally part of a historic introduction to the book proper, we read: "Hear the causes between your brethren, and judge righteously between a man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment; ye shall hear the small and the great alike; ye shall not be afraid of the face of man; for the judgment ( i.e., the whole judicial process and function) is God's; and the cause that is too hard for you ye shall bring unto me (Moses), and I will hear it." Yes, the judgment is God's. Just as the whole of moral duty towards man was raised by the Decalogue to a new and more intimate relation with God, so here justice, the fundamental necessity of a sound and stable political state, is lifted out of the conflict of mean and selfish motives, in which it must eventually go down, and is set on high as a matter in which the righteous God is supremely concerned. In this, as in all things, Israel was called to a lonely eminence of ideal perfection by the character of the God whom they were bound to serve. Therefore it strikes us with no surprise that justice is insisted upon almost with passion in Deuteronomy 4:1: "Justice, justice shalt thou pursue after, that thou mayest live and possess the land which Yahweh thy God giveth thee"; or that it is made one of the conditions of Israel's permanence as a nation. In Deuteronomy 24:17 we read, "Thou shalt not wrest the judgment of the stranger, nor of the fatherless; nor take the widow's raiment to pledge"; in Deuteronomy 25:1, "If there be a plea between men, then they ( i.e., the judges) shall justify the righteous and condemn the wicked." For any other course of conduct would bring guilt upon the nation in the sight of Yahweh; and how jealously that was guarded against is seen in the sacrifice and ritual imposed for the purification of the people from the guilt of a murder the perpetrator of which was unknown. Deuteronomy 21:1 Unatoned for and disregarded, such a crime brought disturbance into those relations between Israel and their God upon which their very existence as a nation depended; and the disregard of justice, where wrongs were committed by known persons and were left unpunished, was of course more deadly. So the author of Deuteronomy looked upon it; and the prophets, from the first of them to the last brand unjust judgment, the perverting the course of legal justice, as the most alarming sign of national decay. The righteous God, with whom there was no respect of persons, could not permanently favor a people whose judges and rulers disregarded righteousness; and when destruction actually came upon this people, it was proclaimed to be God's doing, "because there was no truth nor justice nor knowledge of God in the land." Nowhere in the world, therefore, has the demand for justice been made more central than here, and nowhere has injustice been more passionately fought against. Nor have the sanctions binding to a pursuit of justice been at any period more nobly or more vividly conceived. In this main point, therefore, Israel's law stands irreproachable-marvelously so, considering its great antiquity. But we have still to inquire whether any really adequate provision was made for the general and inexpensive administration of justice. To take the latter first, law was in old Israel probably as cheap as it would be in the primitive East today, if bribery were to be stopped. To advise as to the sacred law, to plead for justice according to it, did not then, and does not now in similar circumstances, belong to any special professional class who live by it. The priest could be appealed to freely by all; and the heads of fathers' houses, as well as the tribal heads, were, by the very fact that they were such, bound to give judgment among their people, and to appear for and take responsibility for them when they had a cause with persons beyond the limits of the particular families and tribes. Justice, consequently, was in ordinary circumstances perfectly free to all. And from a very early time earnest efforts were made to make it equally accessible. At first, when the people were in one army or train, before they came to Sinai, an overwhelming burden was laid upon Moses. As the prophet of the new dispensation all difficulties were brought to him. But at Jethro's suggestion, as JE tells us in Exodus 18:13 ff., and as Deuteronomy repeats in Deuteronomy 1:16, he chose men of each tribe, or took the heads of each tribe, and set them as captains of thousands and hundreds and fifties and tens. Not improbably this was primarily a military organization, but to these captains was committed also jurisdiction over those under them. In all ordinary cases they judged them and their families in the spirit of Yahwism, as well as commanded them; and in this way, as has already been pointed out, the customary law was revised in accordance with Yahwistic principles. Justice too was brought to every man's door. The only question that suggests itself is whether these captain-judges were the ordinary family and tribal heads, organized for this purpose by Moses. On the whole this would seem to have been so, and it may well be that Jethro's suggestion had in view the danger of ignoring them, as well as the burden which Moses' sole judgeship laid upon him. But with the advance to the conquest of Canaan a new situation emerged, and the probability is that more and more, as the tribes fell into entire or semi-isolation, the tribal organization in its natural shape would come to the front again. Deuteronomy, however, tells us little if anything of this. In the main passage regarding this matter, Deuteronomy 17:8 where provision is made for an appeal to a central court, the legislation is entirely for a period much later than Moses. Like the law regarding sacrifice at one altar, the judicial provisions of Deuteronomy seem all to be bound up with the place which Yahweh shall choose, viz. the Solomonic Temple in Jerusalem.

We may consequently conclude that the judicial arrangements to which Deuteronomy alludes existed only after the Israelite kingship had been for some time established at Jerusalem. We have no distinct evidence for the existence of a central high court in David's days; and from the story of Absalom's rebellion we should gather that the old, simple Oriental method still prevailed, according to which the king, like the heads of tribes, families, etc., judged every one who came to him, personally, at the gate of the royal city. But Samuel is said in 1 Samuel 7:16 to have annually gone on circuit to Bethel, Gilgal, and Mizpah. According to the school of Wellhausen, nearly the whole of this chapter is the work of a Deuteronomic writer about the year 600. In that case, of course, it would be difficult to prove that the arrangement attributed to Samuel was not a mere echo of what was done in Josiah's day; though, if the Deuteronomic prescriptions were carried out then, there would be no need for such a system. On the other hand, if Budde and Cornill be right in tracing the chapter back to JE, this habit of going on circuit must have been an ancient one, possibly dating from Samuel's time. That this latter vicar is the correct one is in a degree confirmed by the statement in 1 Samuel 8:1 that Samuel's sons were installed by him as judges in Israel, at Beersheba. This belongs to E, and it would seem to indicate the beginnings of such a system as Deuteronomy presupposes.

But it is only in the days of Jehoshaphat (873-849 B.C.) that an arrangement like that in Deuteronomy is mentioned. From 2 Chronicles 19:5 ff. we learn that "he set judges in the land throughout all the fenced cities of Judah, city by city. Moreover in Jerusalem did Jehoshaphat set of the Levites and of the priests, and of the heads of the fathers' houses, for the judgment of Yahweh and for controversies." Further, it is stated that Amariah the chief priest was set over the judges in Jerusalem in all Yahweh's matters, i.e., in all religious questions, and Zebadiah the son of Ishmael the prince of the house of Judah in all the king's matters, i.e., in all secular affairs. Of course few advanced critics will admit that the Books of Chronicles are reliable in such matters. But that judgment is altogether too sweeping, and here we would seem to have a well-authenticated record of what Jehoshaphat actually did.

For it will be observed, that when we take up the various notices in regard to the administration of justice, we have a well-defined progress from Moses to Jehoshaphat. Moses was chief judge and committed ordinary cases to the tribal and family heads who were chosen as military leaders, each judging his own detachment. After passing the Jordan, the whole matter would seem to have fallen back into the hands of the tribal heads, with the occasional help of the heroes who delivered and judged Israel. At the end of this period Samuel, as head of the State, went on circuit, and appointed his sons judges in Beersheba, thus initiating a new system, which, had it been successful, might have superseded the tribal and family heads altogether. But it was a failure, and was not repeated. With the rise of the kingship the courts received further organization. If the Chronicler can be trusted, Levites to the number of six thousand were appointed to be judges and Shoterim. The number seems excessive: but the appointment of Levites to act as assessors with the tribal and other heads would be a natural-expedient for a king like David to have recourse to, if he desired to secure uniformity of judgment, and to bring the courts under his personal influence. The next step would naturally be that which is attributed to Jehoshaphat, and it is precisely that which Deuteronomy points to as being already at work in his time. We have, consequently, more than the late authority of the Chronicler for Jehoshaphat's high court. The probabilities of the case point so strongly to the rise of some such judicial system about that period, that it would require some positive proof, not mere negative suspicion, to lead us to reject the narrative. In any case this must have been the system in Josiah's day, and afterwards. For when Jeremiah was arraigned for prophesying destruction to the Temple and to Jerusalem, the process against him was conducted on similar lines to those laid down in Deuteronomy. The princes judged, the priests (curiously enough along with the false prophets) made the charge, i.e., stated that the prophet's conduct was worthy of death, and the princes acquitted. During the Exile it is probable that the "elders" of the people were permitted to judge them in all ordinary cases, but we have no certain proof that this was so. After the return from Babylon, however, the local courts were re-established, probably in the very form in which they appear in the New Testament. Matthew 5:22; Matthew 10:17 Mark 13:9 Luke 12:14

Throughout the whole history of Israel, therefore, courts of justice were easily accessible to every man, whether he were rich or poor. No doubt the free, open-air, Eastern manner of administering justice was favorable to that; but from the days of Moses onward we have fairly conclusive proof that the leaders of the people made it their continual care that wherever a wrong was suffered there should be some court to which an appeal for redress could be made.

The justice aimed at in Israel was, therefore, impartial and accessible. We have still to inquire whether it was merciful or cruel in its infliction of punishment. Dr. Oort says it was a hard law in this respect, but one is at a loss to see how that view can be sustained. There is no mention of torture in connection with legal proceedings, either in the history or in the legislation. Nor is there any instance mentioned in which an accused person was imprisoned until he confessed. Indeed imprisonment would not appear to have been a legal punishment in Israel, nor in any antique state. The idea of providing maintenance for those who had offended against the law was one which could never have occurred to any one in antiquity. Prisons are, of course, frequently mentioned in Scripture; but they were used, up to the time of Ezra, only for the safekeeping of persons charged with crime till they could be brought before the judges. Sometimes, as in the case of the prophets, men were imprisoned to prevent them from stirring up the people; but this procedure was nowhere sanctioned by law. Further, the crimes for which the punishment prescribed in the ancient law was death were few. Idolatry, adultery, unnatural lust, sorcery, and murder or manslaughter, together with striking or cursing parents and kidnapping-these were all. Considering that idolatry and sorcery were high treason in its worst form, so far as this people was concerned, and that impurity threatened the family in a much more direct and immediate fashion then than it does now, while the people were naturally inclined to it, one must wonder that the list of capital crimes is so short. Contrast this with Blackstone's statement in regard to England (quoted "Ency. Brit.," 4., p. 589): "Among the variety of actions which men are daily liable to commit, no less than one hundred and sixty have been declared by Act of Parliament to be felonies without benefit of clergy, or, in other words, to be worthy of instant death." It is only in comparatively recent years that the punishment of death has been practically restricted to murder in England. Yet that is almost the case in the ancient Jewish law; for the exceptions are such as would reappear in England if it were more sparsely populated and manners were rougher. In Australia, for example, highway robbery under arms and violence to women are capital crimes, just because the country is sparsely inhabited and the households unprotected. Nor were the modes of death inflicted cruel. Only three- viz, impalement, and burning, and stoning-appear to be so. But it may be believed that in the cases contemplated by the law death in some less painful manner had preceded the two former, as is certainly the case in Joshua 7:15; Joshua 7:25, and in Deuteronomy 21:22. As for the latter, it must have been horrible to look upon, but in all probability the criminal's agony was rarely a prolonged one. The other method of execution, by the sword namely, was humane enough. Dr. Oort tells us that mutilations were common; but his proof is only this, that in the treaty between the Hittite king and Rameses II we read, concerning inhabitants of Egypt who have fled to the land of the Hittites and have been returned, "His mother shall not be put to death; he shall not be punished in his eyes, nor on his mouth, nor on the soles of his feet." The same provision is made for Hittite fugitives. From this evidence of the custom of surrounding peoples, and from the fact that the jus talionis is announced in the Scriptures by the familiar formula, "Eye for eye, tooth for tooth, hand for hand, foot for foot," Dr. Oort draws this conclusion. But he appears to forget that the jus talionis was common to almost all the peoples of the ancient world, and is referred to in the Pentateuch, not as a new principle, but as a custom coming down from immemorial time. Consequently, though there must once have been a time in which it was carried out in its literal form, that time probably was past when the laws referring to it were written. In Rome, and probably in other lands where this custom existed, it early gave place to the custom of giving and receiving money payments. Most probably this was the case in Israel, at least from the time of the Exodus. For the new religion introduced by Moses was merciful. But these references to the principle of retaliation tell us nothing as to the frequency or otherwise of mutilation as a punishment. No instance of mutilation being inflicted either as a retaliation or as a punishment occurs in the Old Testament, and the probability is that cases were never numerous. Apart from retaliation they are never mentioned; and we may, I think, set it down as one of the distinctive merits of the Israelite law that it never was betrayed into sanctioning the cutting off of hands or feet or ears or noses as general punishment for crime. But so far as the principle of the lex talionis was retained, its effect was wholesome. It was a continual reminder that all free Israelites were equals in the sight of Yahweh. And not only so, it enforced as well as asserted equality. Any poor man mutilated by a rich man could demand the infliction of the same wound upon his oppressor. He could reject his excuses, and refuse his money, and bring home to him the truth that they had equal rights and duties.

In this way this seemingly harsh law helped to lay the foundation for our modern conception of humanity, which regards all men as brethren. For the teaching of our Lord, which fulfilled all that the polity and religion of ancient Israel had foreshadowed of good, broke down the walls of partition between Jew and Gentile, and made all men brethren by revealing to them a common Father. It surely is strange and sad that those who specially make liberty, equality, and fraternity their watchwords, have received so false an impression of the religion of both the Old and New Testaments, that they pride themselves on rejecting both. When all is said, the leveling of barriers which the crushing weight of Roman power brought about, and the common methods and elements of thought which the Greek conquest had spread all over the civilized world, would never have made the brotherhood of man the universally accepted doctrine it is. The truths which made it credible came from the revelation given by God to His chosen people, and its final and conclusive impulse was given to it by the lips of Christ.

In face of that cardinal fact it is vain to point out as one of the defects of this law that all men were not equal before it. Women were not equal with men, nor were foreigners nor slaves equal with freeborn Israelites; but the seed of all that later times were to bring was already there. The principles which at the long end of the day have abolished slavery, raised women to the equal position they now occupy, and made peace with foreigners increasingly the desire of all nations, had their first hold upon men given them here. In all these directions the Mosaic law was epoch-making. In the fifth commandment, as well as in the legislation regarding the punishment of a rebellious son, the mother is put upon the same level as the father. However subordinate woman's position in the larger public life might be, within the home she was to be respected. There, in her true domain, she was man's equal, and was acknowledged to have an equal claim to reverence from her children.

In precisely the same way the "stranger" was freed from disability and protected. In the earliest days, when the Israelite community was still being formed, whole groups of strangers were received into it and obtained full rights, as for example the Kenites and Kenizzites. But though this was a promise of what Israel was ultimately to be to the world, the necessities of the situation, the need to keep intact the treasure of higher religion which was committed to this people, compelled the adoption of a more separatist policy. Yet "in no other nation of antiquity were strangers received and treated with such liberality and humanity as in Israel." They were freely afforded the protection of the law; they were, in short, received as "a kind of half-citizens, with definite rights and duties."

Further, though the ger was not bound to all the religious practices and rites of the Israelite, yet he was permitted, and in some cases commanded, to take part in their religious, worship. If he consented to circumcise all his house he might even share in the Passover feast. All oppression of such a one was also rigorously forbidden, and to a large extent the stranger shared in the benefits conferred by the provision for the poor of the land which the law made compulsory.

Nor was the case otherwise with slaves. Equality there was not, and could not be; but in the provisions for the emancipation of the Israelite slave and the introduction of penalties for undue harshness, it began to be recognized that the slave stood, in some degree at least, on the same level as his master-he too was a man.

Taking it as a whole, therefore, the ancient world will be searched in vain for any legislation equal to this in the "promise and the potency" of its fundamental ideas as to justice. Here, as nowhere else, we can see the radical principles which should dominate in the administration of justice laying hold upon mankind, and that there was a living will and power behind these principles is shown in the steady movement toward something higher which characterized Israelite law. In the pursuit of impartiality, accessibility, and humanity, the teachers of Israel were untiring, and the sanctions by which they surrounded and guarded all that tended to make the administration of justice effective in the high sense were unusually solemn and powerful. The result has been most remarkable. All the ages of civilized men since have been the heirs of Israel in this matter. Roman influence and the influence of the Christian Church have no doubt been powerful, and the manifold exigencies of life have drawn out and made explicit much which was only implicit in the ancient days. But the higher qualities of our modern administration of justice can be traced back step by step to Biblical principles, and the course of development laid bare. When that is done, it is seen that the almost ideal purity and impartiality of the best modern tribunals is the completion of what the Israelite law and methods began. In this one instance at least the great Mosaic principles have come to fruition; and from the security and peace, the contentment and the confidence, with which impartial justice has filled the minds of men, we can estimate how potent to cure the ills of our social and moral state the realization of the other great Mosaic ideals would be. It should be a source of encouragement to all who look for a time when "the kingdoms of, this world shall become the kingdoms of our Lord and of His Christ" that something like the ideal of justice has so far been realized. It has no doubt been a weary time in coming, and it has as yet but a narrow and perhaps precarious footing in the world. But it is here, with its healing and beneficent activity; and in that fact we may well see a pledge that all the rest of the Divinely given ideals for the Kingdom of God will one day be realized also. Such a consummation, however remote it may seem to our human impatience, however devious and winding the paths by which alone it can draw near, will come most surely, and in our approach to the ideal in our judicial system we may well see the first fruits of a richer and more plentiful harvest.