— Footnote 1. Some isolated statements there are here also to which the historical standard may be applied. We may call it a more accurate representation that Hebron was inhabited in the time of Abraham by the, Canaanites and Perizzites, than that the Hittites dwelt there at that time. The latter, according to 2Samuel xxiv. 6 (Bleek, Einleitung, 4th edition, pp. 228, 597), dwelt in Coele-Syria, and according to 2Kings vii. 6, in the neihbourhood of the Aramaeans of Damascus. The statement that the Israelites received from Pharaoh because they were shepherds the pasture-land of Goshen on the north-east frontier of Egypt and there dwelt by themselves, is to be preferred to the statement that they were settled among the Egyptians in the best part of the land, — Footnote
Our last result is still the same: whether tried by the standard of poetry or by that of history, the Priestly Code stands both in value and in time far below the Jehovist.
VIII.III.3. In rough strokes I have sought to place before the reader's view the contrast between the beginning and the end of the tradition of the Hexateuch. It would not be impossible to trace the inner development of the tradition in the intermediate stages between the two extremities. To do this we should have to make use of the more delicate results of the process of source-sifting, and to call to our aid the hints, not numerous indeed, but important, which are to be found in Deuteronomy and in the historical and prophetical books, especially Hosea. It would appear that legend from its very nature causes those who deal with it to strike out variations, that it cannot be represented objectively at all. Even at the first act of reducing it to writing the discolouring influences are at work, without any violence being done to the meaning which dwells in the matter. We can trace first of all the influence on the tradition of that specific prophetism which we are able to follow from Amos onwards. This is least traceable in the old main source of the Jehovist, in J; and yet it is remarkable that the Asheras never occur in the worship of the patriarchs. The second Jehovistic source, E, breathes the air of the prophets much more markedly, and shows a more advanced and thorough-going religiosity. Significant in this view are the introduction of Abraham as a Nabi, Jacob's burying the teraphim, the view taken of the macceba at Shechem (Jos. xxiv. 27), and above all the story of the golden calf. The Deity appears less primitive than in J, and does not approach men in bodily form, but calls to them from heaven, or appears to them in dreams. The religious element has become more refined, but at the same time more energetic, and has laid hold even of elements heterogeneous to itself, producing on occasion such strange mixtures as that in Genesis xxxi. 10-13. Then the law comes in and leavens the Jehovistic narrative, first the Deuteronomic (in Genesis even, and then quite strongly in Exodus and Joshua), while last of all, in the Priestly Code, under the influence of the legislation of the post-exile restoration, there is brought about a complete metamorphosis of the old tradition. The law is the key to the understanding even of the narrative of the Priestly Code. All the distinctive peculiarities of the work are connected with the influence of the law: everywhere we hear the voice of theory, rule, judgment. What was said above of the cultus may be repeated word for word of the legend: in the early time it may be likened to the green tree which grows out of the ground as it will and can; at a later time it is dry wood that is cut and made to a pattern with compass and square. It is an extraordinary objection to this when it is said that the post-exile period had no genius for productions such as the tabernacle or the chronology. It certainly was not an original age, but the matter was all there in writing, and did not require to be invented. What great genius was needed to transform the temple into a portable tent? What sort of creative power is that which brings forth nothing but numbers and names? In connection with such an age there can be no question at least of youthful freshness. With infinitely greater justice may it be maintained that such theoretical modelling and adaptation of the legend as is practiced in the Priestly Code, could only gain an entrance when the legend had died away from the memory and the heart of the people, and was dead at the root.
The history of the pre-historic and the epic tradition thus passed through the same stages as that of the historic; and in this parallel the Priestly Code answers both as a whole, and in every detail, to the Chronicles. The connecting link between old and new, between Israel and Judaism, is everywhere Deuteronomy.
The Antar-romance says of itself, that it had attained an age of 670 years, 400 years of which it had spent in the age of ignorance (i.e. old Arabic heathenism), and the other 270 in Islam. The historical books of the Bible might say something similar, if they were personified, and their life considered to begin with the reduction to writing of the oldest kernel of the tradition and to close with the last great revision. The time of ignorance would extend to the appearance of "the book," which, it is true, did not in the Old Testament come down from heaven all at once like the Koran, but came into existence during a longer period, and passed through various phases.
C. ISRAEL AND JUDAISM.
"The Law came in between."—VATKE, p. 183.
CHAPTER IX. CONCLUSION OF THE CRITICISM OF THE LAW.
Objections have been made to the general style of the proof on which Graf's hypothesis is based. It is said to be an illicit argument ex silentio to conclude from the fact that the priestly legislation is latent in Ezekiel, where it should be in operation, unknown where it should be known, that in his time it had not yet come into existence. But what would the objectors have? Do they expect to find positive statements of the non-existence of what had not yet come into being? Is it more rational, to deduce ex silentio, as they do, a positive proof that it did exist?-_to say, that as there are no traces of the hierocracy in the times of the judges and the kings it must have originated in the most remote antiquity, with Moses? The problem would in this case still be the same, namely, to explain how it is that with and after the exile the hierocracy begins to come into practical activity. What the opponents of Graf's hypothesis call its argument ex silentio, is nothing more or less than the universally valid method of historical investigation.
The protest against the argument ex silentio takes another form. It is pointed out that laws are in many cases theories, and that it is no disproof of the existence of a theory that it has not got itself carried out into practice. Deuteronomy was really nothing more than a theory during the pre-exile period, but who would argue from this that it was not there at all? Though laws are not kept, this does not prove they are not there,—provided, that is to say, that there is sufficient proof of their existence on other grounds. But these other proofs of the existence of the Priestly Code are not to be found—not a trace of them. It is, moreover, rarely the case with laws that they are theory and nothing more: the possibility that a thing may be mere theory is not to be asserted generally, but only in particular cases. And even where law is undoubtedly theory, the fact does not prevent us from fixing its position in history. Even legislative fancy always proceeds upon some definite presupposition or other; and these presuppositions, rather than the laws themselves, must guide the steps of historical criticism. /1/