What is now conveyed to Israel through him is an expansion and application of the Decalogue, and in turn it becomes the nucleus of the developed law. Its great antiquity is admitted by the severest critics; and it is a wonderful example of spirituality and searching depth, and also of such germinal and fruitful principles as cannot rest in themselves, literally applied, but must lead the obedient student on to still better things.
It is not the function of law to inspire men to obey it; this is precisely what the law could not do, being weak through the flesh. But it could arrest the attention and educate the conscience. Simple though it was in the letter, David could meditate upon it day and night. In the New Testament we know of two persons who had scrupulously respected its precepts, but they both, far from being satisfied, were filled with a divine discontent. One had kept all these things from his youth, yet felt the need of doing some good thing, and anxiously demanded what it was that he lacked yet. The other, as touching the righteousness of the law, was blameless, yet when the law entered, sin revived and slew him. For the law was spiritual, and reached beyond itself, while he was carnal, and thwarted by the flesh, sold under sin, even while externally beyond reproach.
This subtle characteristic of all noble law will be very apparent in studying the kernel of the law, the code within the code, which now lies before us.
Men sometimes judge the Hebrew legislation harshly, thinking that they are testing it, as a Divine institution, by the light of this century. They are really doing nothing of the sort. If there are two principles of legislation dearer than all others to modern Englishmen, they are the two which these flippant judgments most ignore, and by which they are most perfectly refuted.
One is that institutions educate communities. It is not too much to say that we have staked the future of our nation, and therefore the hopes of humanity, upon our conviction that men can be elevated by ennobling institutions,—that the franchise, for example, is an education as well as a trust.
The other, which seems to contradict the first, and does actually modify it, is that legislation must not move too far in advance of public opinion. Laws may be highly desirable in the abstract, for which communities are not yet ripe. A constitution like our own would be simply ruinous in Hindostan. Many good friends of temperance are the reluctant opponents of legislation which they desire in theory but which would only be trampled upon in practice, because public opinion would rebel against the law. Legislation is indeed educational, but the danger is that the practical outcome of such legislation would be disobedience and anarchy.
Now, these principles are the ample justification of all that startles us in the Pentateuch.
Slavery and polygamy, for instance, are not abolished. To forbid them utterly would have substituted far worse evils, as the Jews then were. But laws were introduced which vastly ameliorated the condition of the slave, and elevated the status of woman—laws which were far in advance of the best Gentile culture, and which so educated and softened the Jewish character, that men soon came to feel the letter of these very laws too harsh.
That is a nobler vindication of the Mosaic legislation than if this century agreed with every letter of it. To be vital and progressive is a better thing than to be correct. The law waged a far more effectual war upon certain evils than by formal prohibition, sound in theory but premature by centuries. Other good things besides liberty are not for the nursery or the school. And “we also, when we were children, were held in bondage” (Gal. iv. 3).
It is pretty well agreed that this code may be divided into five parts. To the end of the twentieth chapter it deals directly with the worship of God. Then follow thirty-two verses treating of the personal rights of man as distinguished from his rights of property. From the thirty-third verse of the twenty-first chapter to the fifteenth verse of the twenty-second, the rights of property are protected. Thence to the nineteenth verse of the twenty-third chapter is a miscellaneous group of laws, chiefly moral, but deeply connected with the civil organisation of the state. And thence to the end of the chapter is an earnest exhortation from God, introduced by a clearer statement than before of the manner in which He means to lead them, even by that mysterious Angel in Whom “is My Name.”