3. Nor is it less essential to note the period of the his- tory at which it was given. It marked and determined the transition of Israel from the condition of a tribe to that of a nation, and its definite assumption of a distinct position and office in the history of the world. It is on no unreal metaphor that we base the well-known analo- gy between the stages of individual life and those of na- tional or universal existence. In Israel the patriarchal time was that of childhood, ruled chiefiy through the af- fections and the power of natural relationship, with rules few, simple, and unsystematic. The national period was that of youth, in which this indirect teaching and influ- ence gives place to definite assertions of right and re- sponsibility, and to a system of distinct commandments,
needed to control its vigorous and impulsive action. The fifty days of their wandering alone with God in the si- lence of the wilderness represent that awakening to the difiiculty, the responsibility, and the nobleness of life, which marks the '• putting away of childish things." The law is the sign and the seal of such an awaken- ing.
4. Yet, though new in its general conception, it was probably not wholly ttew in its materials. Neither in his physical nor his spiritual providence does God proceed per saltum. There must necessarily have been, before the law, commandments and revelations of a fragment- ary' character, under which Israel had hitherto grown up. Indications of such are easily found, both of a ceremoni- al and moral nature, as, for example, in the penalties against murder, adulter^', and fornication (Gen. ix, 6 ; xxxviii, 24), in the existence of the Levirate law (Gen. xxxviii, 8), m the distinction of clean and unclean ani- mals (Gen. viii, 20), and probably in the observance of the Sabbath (Exod. xvi, 23, 27-29). But, even without such indications, our knowledge of the existence of Is- rael as a distinct community in P^gypt would necessitate the conclusion that it must have been guided by some laws of its own, growing out of the old patriarchal cus- toms, which would be preserved with Oriental tenacity, and gradually becoming methodized by the progress of circumstances. Nor would it be possible for the Israel- ites to be in contact with an elaborate system of ritual and law, such as that which existed in Egj-pt, without being influenced by its general principles, and, in less degree, by its minuter details. As they approached nearer to the condition of a nation they would be more and more likely to modify their patriarchal customs by the adoption from Egvpt of laws which were fitted for national existence. This being so, it is hardly conceiv- able that the Jlosaic legislation should have embodied none of these earlier materials. It is clear, even to hu- man wisdom, that the only constitution which can be efticient and permanent is one which has grown up slowly, and so been assimilated to the character of a people. It is the peculiar mark of legislative genius to mould by fundamental principles, and animate by a higher inspiration, materials previously existing in a cruder state. The necessity for this lies in the nature, not of the legislator, but of the subjects, and the argu- ment, therefore, is but strengthened by the acknowledg- ment in the case of Moses of a divine and special inspira- tion. So far, therefore, as they were consistent with the objects of the Jewish law, the customs of Palestine and the laws of Egypt would doubtless be traceable in the Mosaic system.
5. In close connection with this, and almost in conse- quence of this reference to antiquity, we find an accom- modation of the lavj to the temper and circumstances of the Israelites, to which our Lord refers in the case of divorce (Matt, xix, 7, 8) as necessarily interfering with its absolute perfection. In many cases it rather should be said to guide and modify existing usages than actu- ally to sanction them ; and the ignorance of their exist- ence may lead to a conception of its ordinances not onh' erroneous, but actually the reverse of the truth. Thus the punishment of filial disobedience appears severe (Deut. xxi, 18-21); yet when we refer to the extent of parental authority in a patriarchal system, or (as at Rome) in the earlier periods of national existence, it ap- pears more like a limitation of absolute parental authori- ty by an appeal to the judgment of the community. The Levirate law, again, appears (see 'Mich. Mos. Recht,\ik. iii, ch. vi, art. 98) to have existed in a far more general form in the early Asiatic peoples, and to have been rath- er limited than favored by INIoses. The la^v• of the aven- ger of blood is a similar instance of merciful limitation and distinction in the exercise of an immemorial usage, probably not without its value and meaning, and cer- tainly too deep-seated to a<lmit of any but gradual ex- tinction. Nor is it less noticeable that the degree of prominence given to each part of the Mosaic system
LAW OF MOSES
286
LAW OF MOSES
has a similar reference to tlic period at whioh the na- tion had arrived. The ceremonial portion is marked out distinctly and with elaboration ; the moral and crim- inal law is clearly and sternly decisive ; even the civil law, so far as it relates to individuals, is systematic, be- cause all tliese were called for by the past growth of the nation, and needed in order to settle and develop its re- sources. But the political and constitutional law is com- paratively imperfect; a few leading principles are laid down, to be developed hereafter; and the law is directed rather to sanction the various powers of the state than to define and balance their operations. Thus the exist- hvj; authorities of a patriarchal nature in each tribe and family are recognised, while side I)y side with them is established the priestly and Levitieal power which was to supersede them entirely in sacerdotal, and partly also in judicial functions. Tiie supreme civil power of a "judge," or (eventually) a king, is recognised distinct- ly, although only in general terms, indicating a sover- eign and summary jurisdiction (Deut, xvii, 14-20) ; and the prophetic office, in its political as well as its moral aspect, is spoken of still more vaguely as future (Deut. xviii, 15-22). These powers, being recognised, are left, within due limits, to work out the political system of Is- rael, and to ascertain by experience their proper spheres of exercise. On a careful tmderstanding of tliis adapta- tion of the law to the national growth and character of the Jews (and of a somewhat similar adaptation to their climate and physical circumstances) depends the cor- rect appreciation of its nature, and the power of distin- guishing in it what is local and temporary from that which is universal.