Deuteronomy 1:17

      9 And I spake unto you at that time, saying, I am not able to bear you myself alone:   10 The LORD your God hath multiplied you, and, behold, ye are this day as the stars of heaven for multitude.   11 (The LORD God of your fathers make you a thousand times so many more as ye are, and bless you, as he hath promised you!)   12 How can I myself alone bear your cumbrance, and your burden, and your strife?   13 Take you wise men, and understanding, and known among your tribes, and I will make them rulers over you.   14 And ye answered me, and said, The thing which thou hast spoken is good for us to do.   15 So I took the chief of your tribes, wise men, and known, and made them heads over you, captains over thousands, and captains over hundreds, and captains over fifties, and captains over tens, and officers among your tribes.   16 And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.   17 Ye shall not respect persons in judgment; but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's: and the cause that is too hard for you, bring it unto me, and I will hear it.   18 And I commanded you at that time all the things which ye should do.

      Moses here reminds them of the happy constitution of their government, which was such as might make them all safe and easy if it was not their own fault. When good laws were given them good men were entrusted with the execution of them, which, as it was an instance of God's goodness to them, so it was of the care of Moses concerning them; and, it should seem, he mentions it here to recommend himself to them as a man that sincerely sought their welfare, and so to make way for what he was about to say to them, wherein he aimed at nothing but their good. In this part of his narrative he insinuates to them,

      I. That he greatly rejoiced in the increase of their numbers. He owns the accomplishment of God's promise to Abraham (v. 10): You are as the stars of heaven for multitude; and prays for the further accomplishment of it (v. 11): God make you a thousand times more. This prayer comes in in a parenthesis, and a good prayer prudently put in cannot be impertinent in any discourse of divine things, nor will a pious ejaculation break the coherence, but rather strengthen and adorn it. But how greatly are his desires enlarged when he prays that they might be made a thousand times more than they were! We are not straitened in the power and goodness of God, why should we be straitened in our own faith and hope, which ought to be as large as the promise? larger they need not be. It is from the promise that Moses here takes the measures of his prayer: The Lord bless you as he hath promised you. And why might he not hope that they might become a thousand times more than they were now when they were now ten thousand times more than they were when they went down into Egypt, about 250 years ago? Observe, When they were under the government of Pharaoh the increase of their numbers was envied, and complained of as a grievance (Exod. i. 9); but now, under the government of Moses, it was rejoiced in, and prayed for as a blessing. The consideration of this might give them occasion to reflect with shame upon their own folly when they had talked of making a captain and returning to Egypt.

      II. That he was not ambitious of monopolizing the honour of the government, and ruling them himself alone, as an absolute monarch, v. 9. Though he was a man as well worthy of that honour, and as well qualified for the business, as ever any man was, yet he was desirous that others might be taken in as assistants to him in the business and consequently sharers with him in the honour: I cannot myself alone bear the burden, v. 12. Magistracy is a burden. Moses himself, though eminently gifted for it, found it lay heavily on his shoulders; nay, the best magistrates complain most of the burden, and are most desirous of help, and most afraid of undertaking more than they can perform.

      III. That he was not desirous to prefer his own creatures, or such as should underhand have a dependence upon him; for he leaves it to the people to choose their own judges, to whom he would grant commissions, not durant bene placito--to be turned out when he pleased; but quam diu se bene gesserint--to continue so long as they approved themselves faithful. Take you wise men, that are known to be so among your tribes, and I will make them rulers, v. 13. Thus the apostles directed the multitude to choose overseers of the poor, and then they ordained them,. Acts vi. 3, 6. He directs them to take wise men and understanding, whose personal merit would recommend them. The rise and origin of this nation were so late that none of them could pretend to antiquity of race, and nobility of birth, above their brethren; and, having all lately come out of slavery in Egypt, it is probable that one family was not much richer than another; so that their choice must be directed purely by the qualifications of wisdom, experience, and integrity. "Choose those," says Moses, "whose praise is in your tribes, and with all my heart I will make them rulers." We must not grudge that God's work be done by other hands than ours, provided it be done by good hands.

      IV. That he was in this matter very willing to please the people; and, though he did not in any thing aim at their applause, yet in a thing of this nature he would not act without their approbation. And they agreed to the proposal: The thing which thou hast spoken is good, v. 14. This he mentions to aggravate the sin of their mutinies and discontents after this, that the government they quarrelled with was what they themselves had consented to; Moses would have pleased them if they would have been pleased.

      V. That he aimed to edify them as well as to gratify them; for,

      1. He appointed men of good characters (v. 15), wise men and men known, men that would be faithful to their trust and to the public interest.

      2. He gave them a good charge, v. 16, 17. Those that are advanced to honour must know that they are charged with business, and must give account another day of their charge. (1.) He charges them to be diligent and patient: Hear the causes. Hear both sides, hear them fully, hear them carefully; for nature has provided us with two ears, and he that answereth a matter before he heareth it, it is folly and shame to him. The ear of the learner is necessary to the tongue of the learned, Isa. l. 4. (2.) To be just and impartial: Judge righteously. Judgment must be given according to the merits of the cause, without regard to the quality of the parties. The natives must not be suffered to abuse the strangers any more that the strangers to insult the natives or to encroach upon them; the great must not be suffered to oppress the small, nor to crush them, any more than the small, to rob the great, or to affront them. No faces must be known in judgment, but unbribed unbiased equity must always pass sentence. (3.) To be resolute and courageous: "You shall not be afraid of the face of man; be not overawed to do an ill thing, either by the clamours of the crowd or by the menaces of those that have power in their hands." And he gave them a good reason to enforce this charge: "For the judgment is God's. You are God's vicegerents, you act for him, and therefore must act like him; you are his representatives, but if you judge unrighteously, you misrepresent him. The judgment is his, and therefore he will protect you in doing right, and will certainly call you to account if you do wrong."

      3. He allowed them to bring all difficult cases to him, and he would always be ready to hear and determine, and to make both the judges and the people easy. Happy art thou. O Israel! in such praise as Moses was.

2 Chronicles 19:6

      5 And he set judges in the land throughout all the fenced cities of Judah, city by city,   6 And said to the judges, Take heed what ye do: for ye judge not for man, but for the LORD, who is with you in the judgment.   7 Wherefore now let the fear of the LORD be upon you; take heed and do it: for there is no iniquity with the LORD our God, nor respect of persons, nor taking of gifts.   8 Moreover in Jerusalem did Jehoshaphat set of the Levites, and of the priests, and of the chief of the fathers of Israel, for the judgment of the LORD, and for controversies, when they returned to Jerusalem.   9 And he charged them, saying, Thus shall ye do in the fear of the LORD, faithfully, and with a perfect heart.   10 And what cause soever shall come to you of your brethren that dwell in their cities, between blood and blood, between law and commandment, statutes and judgments, ye shall even warn them that they trespass not against the LORD, and so wrath come upon you, and upon your brethren: this do, and ye shall not trespass.   11 And, behold, Amariah the chief priest is over you in all matters of the LORD; and Zebadiah the son of Ishmael, the ruler of the house of Judah, for all the king's matters: also the Levites shall be officers before you. Deal courageously, and the LORD shall be with the good.

      Jehoshaphat, having done what he could to make his people good, is here providing, if possible, to keep them so by the influence of a settled magistracy. He had sent preachers among them, to instruct them (ch. xvii. 7-9), and that provision did well; but now he saw it further requisite to send judges among them, to see the laws put in execution, and to be a terror to evil-doers. It is probable that there were judges up and down the country before, but either they neglected their business or the people slighted them, so that the end of the institution was not answered; and therefore it was necessary it should be new-modelled, new men employed, and a new charge given them. That is it which is here done.

      I. He erected inferior courts of justice in the several cities of the kingdom, v. 5. The judges of these courts were to keep the people in the worship of God, to punish the violations of the law, and to decide controversies between man and man. Here is the charge he gave them (v. 6), in which we have,

      1. The means he prescribes to them for the keeping of them closely to their duty; and these are two:-- (1.) Great caution and circumspection: Take heed what you do, v. 6. And again, "Take heed and do it, v. 7. Mind your business; take heed of making any mistakes; be afraid of misunderstanding any point of law, or the matter of fact." Judges, of all men, have need to be cautious, because so much depends upon the correctness of their judgment. (2.) Great piety and religion: "Let the fear of God be upon you, and that will be a restraint upon you to keep you from doing wrong (Neh. v. 15; Gen. xlii. 18) and an engagement to you to be active in doing the duty of your place." Let destruction from God be a terror to them, as Job speaks (Job xxxi. 23), and then they will be a terror to none but evil-doers.

      2. The motives he would have them consider, to engage them to faithfulness. These are three, all taken from God:-- (1.) That from him they had their commission; his ministers they were. The powers that be are ordained by him and for him: "You judge not for man, but for the Lord; your business is to glorify him, and serve the interests of his kingdom among men." (2.) That his eye was upon them: "He is with you in the judgment, to take notice what you do and call you to an account if you do amiss." (3.) That he is the great example of justice to all magistrates: There is no iniquity with him, no bribery, nor respect of persons. Magistrates are called gods, and therefore must endeavour to resemble him.

      II. He erected a supreme court at Jerusalem, which was advised with, and appealed to, in all the difficult causes that occurred in the inferior courts, and which gave judgment upon demurrers (to speak in the language of our own law), special verdicts, and writs of error. This court sat in Jerusalem; for there were set the thrones of judgment: there they would be under the inspection of the king himself. Observe,

      1. The causes cognizable in this court; and they were of two kinds, as with us:-- (1.) Pleas of the crown, called here the judgment of the Lord, because the law of God was the law of the realm. All criminals were charged with the breach of some part of his law and were said to offend against his peace, his crown and dignity. (2.) Common pleas, between party and party, called here controversies (v. 8) and causes of their brethren (v. 10), differences between blood and blood (this refers to Deut. xvii. 8), between the blood of the person slain and the blood of the man-slayer. Since the revolt of the ten tribes all the cities of refuge, except Hebron, belonged to the kingdom of Israel; and therefore, we may suppose, the courts of the temple, or the horns of the altar, were chiefly used as sanctuaries in that case, and hence the trial of homicides was reserved for the court at Jerusalem. If the inferior judges did not agree about the sense of any law or commandment, any statute or judgment, this court must determine the controversy.

      2. The judges of this court were some of the Levites and priests that were most learned in the law, eminent for wisdom, and of approved integrity, and some of the chief of the fathers of Israel, peers of the realm, as I may call them, or persons of age and experience, that had been men of business, who would be the most competent judges of matters of fact, as the priests and Levites were of the sense of the law.

      3. The two chiefs, or presidents, of this court. Amariah, the high priest, was to preside in ecclesiastical causes, to direct the court and be the mouth of it, or perhaps to be last consulted in cases which the judges themselves doubted of. Zebadiah, the prime-minister of that state, was to preside in all civil causes, v. 11. Thus there are diversities of gifts and operations, but all from the same Spirit, and for the good of the body. Some best understand the matters of the Lord, others the king's matters; neither can say to the other, I have no need of thee, for God's Israel has need of both; and, as every one has received the gift, so let him minister the same. Blessed be God both for magistrates and ministers, scribes and statesmen, men of books and men of business.

      4. The inferior officers of the court. "Some of the Levites (such as had not abilities to qualify them for judges) shall be officers before you," v. 11. They were to bring causes into the court, and to see the sentence of the judges executed. And these hands and feet were as necessary in their places as the eyes and heads (the judges) in theirs.

      5. The charge which the king gave them. (1.) They must see to it that they acted from a good principle; they must do all in the fear of the Lord, setting him always before them, and then they would act faithfully, conscientiously, and with a perfect upright heart, v. 9. (2.) They must make it their great and constant care to prevent sin, to warn the people that they trespass not against the Lord, inspire them with a dread of sin, not only as hurtful to themselves and the public peace, but as an offence to God, and that which would bring wrath upon the people if they committed it and upon the magistrates if they did not punish it. "This do, and you shall not trespass;" this implies that those who have power in their hands contract the guilt of sin themselves if they do not use their power for the preventing and restraining of sin in others. "You trespass if you do not keep them from trespassing." (3.) They must act with resolution. "Deal courageously, and fear not the face of man; be bold and daring in the discharge of your duty, and, whoever is against you, God will protect you: The Lord shall be with the good." Wherever he finds a good man, a good magistrate, he will be found a good God.

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