John Calvin Commentary


John Calvin Commentary
"These are the words which Moses spake unto all Israel beyond the Jordan in the wilderness, in the Arabah over against Suph, between Paran, and Tophel, and Laban, and Hazeroth, and Di-zahab." — Deuteronomy 1:1 (ASV)
These are the words. These two latter passages properly belong to the supplements, in which God afterwards more clearly and plainly illustrated the Law He had previously given. They also include exhortations, by which He subdued the people’s minds to obedience, and commendations, by which He praised and confirmed the Law.
In essence, Moses was appointed the minister and ambassador of God, who through his mouth prescribed to Israel all that is right and just. But when he says, beside the covenant, which he made with them in Horeb, (Deuteronomy 29:1), it was necessary for the Decalogue to be more fully explained, so that its brevity would not make it obscure to an ignorant and slow-hearted people.
For God did not, like earthly kings, learn from experience to enrich His law with new precepts; instead, He considered the people’s dull and weak understanding. Therefore, the particle of exception, “beside,” does not indicate anything additional, but only means that God had again repeated His covenant, so that it might be more distinctly and certainly understood.
In this regard, He gave an extraordinary proof of His graciousness, in that before they entered the land, He renewed His covenant about forty years after its first promulgation and added a clear explanation of it, because He was then dealing with a new generation. For this reason, the place is expressly mentioned, because from there the passage of time becomes clear.
"Jehovah our God spake unto us in Horeb, saying, Ye have dwelt long enough in this mountain:" — Deuteronomy 1:6 (ASV)
The Lord our God spoke to us in Horeb. In this Second Narration, Moses expressly declares that God not only gave them a visible sign by lifting the cloud, but He also verbally commanded the people to leave Mount Sinai and to begin the rest of their journey. God says, then, that enough time had been spent in one place;1 for an entire year had passed there before they left it. Although an eleven-day journey lay before them until they would arrive at Kadesh-barnea, He nevertheless stimulates the people, who were naturally very indolent, so that nothing would delay them. He does this by setting before them how easily it could be accomplished, telling them that they merely had to lift up their feet and advance to attain the promised rest.
1 “Et non sans cause;” and not without reason. — Fr.
"And I spake unto you at that time, saying, I am not able to bear you myself alone:" — Deuteronomy 1:9 (ASV)
And I spoke to you at that time. He does not say here that the counsel regarding the appointment of the judges was suggested to him from another source; but, perhaps, he dared not mention any name to these proud and perverse people, for fear that they might reject what was otherwise good, from dislike of its author, as a foreigner.
No doubt he is here recounting what had happened before; therefore he confesses himself, from his own personal feelings, unequal to bearing the burden, if he alone is set over the whole people. He presents as the cause the immense multitude among whom many disputes and controversies must necessarily arise.
Regarding what he says about their increase, the beginning of this period should not be dated from the Exodus. Instead, he highlights the extraordinary and incredible favor of God, because they had so greatly multiplied under the cruel tyranny when they had been doomed to total destruction. He also adds a prayer that for the future the same blessing might continue with them.
Yet, in these words, he reminds them that the burden of government would become daily more arduous and weighty, by which he might more readily persuade them to prepare at once for what could not ultimately be avoided.
"Take you wise men, and understanding, and known, according to your tribes, and I will make them heads over you." — Deuteronomy 1:13 (ASV)
Take you wise men. From this it appears more plainly that those who were to preside in judgment were not appointed only by the will of Moses, but elected by the votes of the people. And this is the most desirable kind of liberty: that we should not be compelled to obey every person who may be tyrannically put over our heads, but a liberty which allows for election, so that no one should rule unless he is approved by us. This is further confirmed in the next verse, in which Moses recounts that he awaited the consent of the people, and that nothing was attempted which did not please them all.
Again, he does not here mention the same virtues as in Exodus 18, but only distinguishes the judges by three qualifications: namely, that they should be wise, understanding, and experienced. All of these are encompassed by one main requirement: that they should possess acuteness of intellect and prudence, confirmed by experience and practice. For neither the greatest probity nor diligence would be sufficient for the office of ruler without skill and sagacity.204
But the first epithet, which the Hebrews often apply in a negative sense to the crafty and deceitful, here means acute and perspicacious. The second I explain as pointing out prudent persons, endowed with sound judgment and discretion.205 The third may be taken either actively or passively; some therefore translate it "known" or "tried," but here the active sense is most suitable. Therefore, experience and familiarity with practical matters are required in judges, because only those who are practiced are competent for the management of such affairs.
204 חכמים, wise men. C. had already said in his Commentary on Exodus 1:10, that the Hebrews often used this epithet in an ill sense, but the assertion is scarcely tenable. — W
205 ידעים. The third characteristic can only be said to be ambiguous by such as reject the authority of the Hebrew points. The translators who admit that authority must hold this participle to be passive: and therefore our A. V. renders the clause, known among your tribes. — W
"And I charged your judges at that time, saying, Hear [the causes] between your brethren, and judge righteously between a man and his brother, and the sojourner that is with him." — Deuteronomy 1:16 (ASV)
And I charged your judges. This charge is not found in Exodus 18, where Moses's only object was to point out the origin of the change; but now, omitting the praise of his father-in-law, he merely reminds the Israelites of what he did with them. The sum of the exhortation, however, is that they should adjudicate impartially between their brethren; this is more fully expressed in the next verse, where they are forbidden to “acknowledge faces.”206
For there can be no greater corruption than to judge from personal appearance, which always draws people's minds away from the merits of the case. Therefore, Christ rightly contrasts these two things: to “judge righteous judgment,” and “according to the appearance” (John 7:24). Even philosophers have perceived this, advising that, as far as possible, judges should be restrained by fixed laws, lest, being left free, they should be swayed this way or that by favor or ill will.
And, in fact, wherever there is sufficient intellectual capacity, equity and rectitude will prevail, unless respect to persons influences the judge. It is plain from the context, where Moses forbids making a distinction between small and great, what is meant by “acknowledging persons.” But although judges often inflict injury upon the poor and wretched out of contempt for them, Moses addresses the more common fault when he charges them “to be afraid of no man.” For it very often happens that those who are otherwise just, and inclined to pursue what is equitable and right, are made to swerve through fear of the threats of the powerful, and dare not manfully confront their ill will.
Moses, therefore, requires magnanimity in judges, so that they may not hesitate to bring upon themselves the hatred of anyone in their defense of a good cause. But we must especially observe the reason by which he corrects their fear and alarm: for he says that they are to be afraid of no mortal man, because “the judgment is God’s.”
He does not here merely remind them, as it appears to some, that an account must be rendered to God. Rather, he shows how absurd it is to turn from the right course out of fear of man, because in this way the majesty of God is prostituted and exposed to scorn. This is as much as to say that this honor must be paid to God, whose representatives they are: that they should look upon all people as beneath them and restrain the audacity of the wicked with such inflexible magnanimity, that God alone may have preeminence. The same is the purpose of Jehoshaphat’s words:
Take heed what you do: for you judge not for man but for the Lord (2 Chronicles 19:6).
If this were thoroughly impressed upon the minds of both magistrates and pastors, they would not vacillate so often; for relying on God’s aid, they would stand firmly against all the terrors by which they are so pitifully agitated. Therefore, let all those who are called to any public office sustain themselves by this doctrine: that they are doing God’s work, and He is well able to keep them safe from the violence as well as the craftiness of the whole world. Yet, at the same time, we are taught by these words that all posts of command are sacred to God, so that whoever are called to them should reverently and diligently serve God, and always reflect that His is the dominion of which they are the ministers.
206 So margin A. V.
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