The actual date of Deuteronomy still remains to be settled. Already it has been brought down to post-Solomonic days. How much later must it probably be put? The book must have been written before the eighteenth year of Josiah, 621 B.C., for the Book of the Law which was then found in the Temple was undoubtedly not the whole Pentateuch, but approximately Deut. i.-xxvi. But it can hardly have been produced in Josiah's reign, because it would never have been permitted to drop out of sight had it been known to that pious king and the reforming high priest Hilkiah. On the other hand, it can hardly have been written or known before Hezekiah's reforms, for otherwise it would have been made the basis of them, as it was made the basis of Josiah's. Probably, therefore, we may date it between Hezekiah and Josiah. Indeed we may with great likelihood affirm, as Robertson Smith suggests, that it was the need of guidance caused by Hezekiah's reforms which suggested and called out this book.[16]
[16] _Additional Answer to the Libel_, p. 80.
But, say some, if the body of the book is not Mosaic, then this is nothing else but forgery, and no forged or even pseudonymous book can be inspired! Others again, most gratuitously, suppose that Hilkiah found the book only because he had forged it and put it where it was found. But there is neither need nor room for such suppositions; and our effort must be to conceive to ourselves the means by which such a book could come into existence, and be found as it was, without fraud on the part of any one.
To modern, and especially Western notions, it seems difficult to conceive any legitimate process by which a book of comparatively modern date could be attributed, so far as its main part is concerned, to Moses, and published as Mosaic. But if we take into account the character of Deuteronomy as only an extension and adaptation of the Book of the Covenant set in a framework of affectionate exhortation, and that all men then believed that the Book of the Covenant was Mosaic, we can see better how such action might be considered legitimate. Even on modern and Western principles we can see that; but at that early time and in the East, literary methods and literary ideas were so different from ours that there may have been customs which made the publication of a book in this way not only natural but right. An example from modern India will make this clear. Among the sacred books of the Hindus one of the most famous is the _Laws of Manu_. This is a collection of religious, moral, and ceremonial laws much like the Book of Leviticus. It is generally admitted that it was not the work of any one man, but of a school of legal writers and lawgivers who lived at very various times, each of whom, with a clear conscience and as a matter of course, adapted the works of his predecessors to the need of his own day. And this practice, together with the belief in its legitimacy, survives to this day. In his _Early Law and Custom_ (p. 161) Sir Henry Maine tells us that "A gentleman in a high official position in India has a native friend who has devoted his life to preparing a new Book of Manu. He does not, however, expect or care that it should be put in force by any agency so ignoble as a British-Indian Legislature, deriving its powers from an Act of Parliament not a century old. He waits till there arises a king in India who will serve God and take the law from the new 'Manu' when he sits in his Court of Justice." There is here no question of fraud. This Indian gentleman considers that his book _is_ the Book of Manu, and would be amazed if any one should question its identity because he had edited it; and he supposes that the king he looks for, if he should come in his day, would accept and act upon it as a Divine authority. So strangely different are Eastern notions from those of the West. It is legitimate to suppose that _this_ Eastern book originated in something of the same fashion. In the evil days of persecution, when all the prophetic spokesmen were cut off, and when the priests were occupying the chief position among the supporters of pure religion, some pious man, inspired, but not with the prophetic inspiration, set himself, like this modern Hindu, to re-write and adapt the legislation which he believed to be Mosaic to the needs of his own day. Altering the fundamental points as little as might be, he developed it to meet the evils which were threatening the Mosaic religion; and he inspired it with the passion for righteousness and the love of God which had already thrilled the hearts of faithful men in Israel through the ministry of the great prophets. Hoping for the coming of a king who should serve God and judge Israel out of this new Book of Moses, but while the darkness still clouded the future, he died, committing his book to some temple chamber where he might hope that it would be discovered when God's set time should come. In such a supposition there is perhaps something to shock the conventional theories of our time. But, so far as can be seen, there is nothing to shock any open-minded man who knows how widely ancient and Eastern thought differs from modern and Western thought. It is certain that at this day Eastern men of the highest character and of the most burning zeal for religion would act in this manner without a qualm of conscience. We may well believe, therefore, that in ancient days it was the same. If so, this was a literary method which inspiration might well use; and the supposition that Deuteronomy was so produced is certainly more consistent with its history and character than any other. It explains how it so exactly met the needs of the time and summed up all its aspirations; and it gives to its claim of inspiration a new support by laying bare the circumstances of its birth and its psychological presuppositions.