Now, as it happens, in the course of the analysis of the Pentateuch it has come to be all but universally acknowledged that Exod. xx.-xxiii. form part of a document which can be traced, dovetailed into others, from Genesis to Joshua, and perhaps beyond it. This document has been called by Wellhausen the Jehovist document, and in all critical books it is referred to as JE, as being made up of two sections, one of which uses Yahweh for the Divine name, and the other Elohim. The only generally known scholar who denies the existence of JE is Professor Green, of Princeton in America, who, rightly enough, sees that the Mosaic authorship of the Pentateuch cannot be held, if these separate component documents are acknowledged. But the separate existence and character of JE may be regarded as demonstrated, and also that it has been interwoven with another narrative, largely parallel, but which deals of preference with priestly matters, and has consequently been called the Priest codex, or P. Together these make up the first four books of the Pentateuch; and the remarkable thing is that, both as regards law and history, Deuteronomy is dependent upon JE. "Throughout the parallels just tabulated," says Driver,[7] "(as well as in the others occurring in the book), not the allusions only, but the words cited, will be found, all but uniformly, to be in JE, not in P. An important conclusion follows from this fact. Inasmuch as, in our existing Pentateuch, JE and P repeatedly cross one another, the constant absence of any reference to P can only be reasonably explained by one supposition, viz. that when Deuteronomy was composed JE and P were not yet united into a single work, and JE alone formed the basis of Deuteronomy." And this is not Driver's conclusion only. Dillmann, who argues with splendid ability against Wellhausen for the dating of P in the ninth century B.C. instead of after the Exile, and consequently considers that it was in existence before Deuteronomy, still holds that in general JE is the Deuteronomist's authority both for law and history, contenting himself with affirming that D shows undoubted acquaintance with laws, etc., known _to us_ only in P. Clearly, therefore, Deuteronomy must have been written after JE had been made public, or at least after J and E had been written.
[7] Driver, _Introduction_, p. 76.
The question therefore arises, what is their date? An answer can be gradually approached in this way. As JE reappear as an element in the Book of Joshua,[8] and contribute to it an account of Joshua's death and burial, they cannot have been written by him, nor before his death. That is the first fixed point. Then we may proceed a step further. In various parts of JE there occur phrases which cannot all be later glosses, and which imply that the land, when the writer lived, had long ceased to be in possession of the Canaanites, if some of them do not even presuppose a time when the original inhabitants had been absorbed into Israel, as Solomon attempted to absorb them by making them slaves of the State. Such passages are Gen. xii. 6, "And the Canaanite was then in the land"; Gen. xiii. 7, "Moreover the Canaanites and the Perizzites dwelled then in the land"; Gen. xl. 15, in which Joseph says of himself, "I was stolen away out of the land of the Hebrews," a name which the country could not have acquired till some little time at least after the conquest. Further, in Numbers xxxii. 41, which belongs to J or E, probably the latter, we have an account of the rise of the name Hawwoth Jair. Now in Judges x. 3-5 we are informed that the Jair from whom the Hawwoth Jair had their name was a judge in Israel after the time of Abimelech, who made new conquests for his tribe east of the Jordan. Unless, therefore, the unlikely hypothesis be accepted that both the district bearing this name in Judges and its conqueror are other than those mentioned in Numbers, the verse brings down JE at least to the period of Abimelech, which Kautzsch in his _View of the History of the Israelites_, appended to his translation of the Old Testament, states as about 1120 B.C., _i.e._ two hundred years after the Exodus.