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and the same。 (51) The dogmas of religion were not precepts; but laws and



ordinances; piety was regarded as the same as loyalty; impiety as the same



as disaffection。 (52) Everyone who fell away from religion ceased to be a



citizen; and was; on that ground alone; accounted an enemy: those who



died for the sake of religion; were held to have died for their country;



in fact; between civil and religious law and right there was no distinction



whatever。 {in Biblical Hebrew; there was no word for what we call Religion。〃



Modern Hebrew has selected a word whose root is 〃knowledge。〃} (53) For this



reason the government could be called a Theocracy; inasmuch as the citizens



were not bound by anything save the revelations of God。







(17:54) However; this state of things existed rather in theory than in



practice; for it will appear from what we are about to say; that the



Hebrews; as a matter of fact; retained absolutely in their own hands the



right of sovereignty: this is shown by the method and plan by which the



government was carried on; as I will now explain。







(17:55) Inasmuch as the Hebrews did not transfer their rights to any other



person but; as in a democracy; all surrendered their rights equally; and



cried out with one voice; 〃Whatsoever God shall speak (no mediator or



mouthpiece being named) that will we do;〃 it follows that all were equally



bound by the covenant; and that all had an equal right to consult the Deity;



to accept and to interpret His laws; so that all had an exactly equal share



in the government。 '17:5' (56) Thus at first they all approached God



together; so that they might learn His commands; but in this first



salutation; they were so thoroughly terrified and so astounded to hear God



speaking; that they thought their last hour was at hand: full of fear;



therefore; they went afresh to Moses; and said; 〃Lo; we have heard God



speaking in the fire; and there is no cause why we should wish to die:



surely this great fire will consume us: if we hear again the voice of God;



we shall surely die。 (57) Thou; therefore; go near; and hear all the words



of our God; and thou (not God) shalt speak with us: all that God shall tell



us; that will we hearken to and perform。〃







(17:58) They thus clearly abrogated their former covenant; and absolutely



transferred to Moses their right to consult God and interpret His commands:



for they do not here promise obedience to all that God shall tell them; but



to all that God shall tell Moses (see Deut。 v:20 after the Decalogue; and



chap。 xviii:15; 16)。 (59) Moses; therefore; remained the sole promulgator



and interpreter of the Divine laws; and consequently also the sovereign



judge; who could not be arraigned himself; and who acted among the Hebrews



the part; of God; in other words; held the sovereign kingship: he alone



had the right to consult God; to give the Divine answers to the



people; and to see that they were carried out。 (60) I say he alone; for if



anyone during the life of Moses was desirous of preaching anything in the



name of the Lord; he was; even if a true prophet; considered guilty and a



usurper of the sovereign right (Numb。 xi:28) 'Endnote 30'。 (61) We may here



notice; that though the people had elected Moses; they could not rightfully



elect Moses's successor; for having transferred to Moses their right of



consulting God; and absolutely promised to regard him as a Divine oracle;



they had plainly forfeited the whole of their right; and were bound to



accept as chosen by God anyone proclaimed by Moses as his successor。 (62) If



Moses had so chosen his successor; who like him should wield the sole right



of government; possessing the sole right of consulting God; and consequently



of making and abrogating laws; of deciding on peace or war; of sending



ambassadors; appointing judges … in fact; discharging all the functions of a



sovereign; the state would have become simply a monarchy; only differing



from other monarchies in the fact; that the latter are; or should be;



carried on in accordance with God's decree; unknown even to the monarch;



whereas the Hebrew monarch would have been the only person to whom the



decree was revealed。 (63) A difference which increases; rather than



diminishes the monarch's authority。 (64) As far as the people in both cases



are concerned; each would be equally subject; and equally ignorant of



the Divine decree; for each would be dependent on the monarch's words; and



would learn from him alone; what was lawful or unlawful: nor would the fact



that the people believed that the monarch was only issuing commands in



accordance with God's decree revealed to him; make it less in subjection;



but rather more。 '17:6' (65) However; Moses elected no such successor; but



left the dominion to those who came after him in a condition which could not



be called a popular government; nor an aristocracy; nor a monarchy; but a



Theocracy。 (66) For the right of interpreting laws was vested in one man;



while the right and power of administering the state according to the



laws thus interpreted; was vested in another man (see Numb。 xxvii:21)



'Endnote 31'。







(17:67) In order that the question may be thoroughly understood; I will duly



set forth the administration of the whole state。







(68) First; the people were commanded to build a tabernacle; which should



be; as it were; the dwelling of God … that is; of the sovereign authority of



the state。 (69) This tabernacle was to be erected at the cost of the whole



people; not of one man; in order that the place where God was consulted



might be public property。 (70) The Levites were chosen as courtiers and



administrators of this royal abode; while Aaron; the brother of Moses; was



chosen to be their chief and second; as it were; to God their King; being



succeeded in the office by his legitimate sons。







(17:71) He; as the nearest to God; was the sovereign interpreter of the



Divine laws; he communicated the answers of the Divine oracle to the people;



and entreated God's favour for them。 (72) If; in addition to these



privileges; he had possessed the right of ruling; he would have been neither



more nor less than an absolute monarch; but; in respect to government; he



was only a private citizen: the whole tribe of Levi was so completely



divested of governing rights that it did not even take its share with the



others in the partition of territory。 (73) Moses provided for its support by



inspiring the common people with great reverence for it; as the only tribe



dedicated to God。







(17:74) Further; the army; formed from the remaining twelve tribes; was



commanded to invade the land of Canaan; to divide it into twelve portions;



and to distribute it among the tribes by lot。 (75) For this task twelve



captains were chosen; one from every tribe; and were; together with



Joshua and Eleazar; the high priest; empowered to divide the land into



twelve equal parts; and distribute it by lot。 (76) Joshua was chosen for the



chief command of the army; inasmuch as none but he had the right to consult



God in emergencies; not like Moses; alone in his tent; or in the



tabernacle; but through the high priest; to whom only the answers of God



were revealed。 (77) Furthermore; he was empowered to execute; and cause the



people to obey God's commands; transmitted through the high priests; to



find; and to make use of; means for carrying them out; to choose as many;



army captains as he liked; to make whatever choice he thought best; to



send ambassadors in his own name; and; in short; to have the entire control



of the war。 (78) To his office there was no rightful successor … indeed; the



post was only filled by the direct order of the Deity; on occasions of



public emergency。 (79) In ordinary times; all the management of peace and



war was vested in the captains of the tribes; as I will shortly point out。



(80) Lastly; all men between the ages of twenty and sixty were ordered to



bear arms; and form a citizen army; owing allegiance; not to its general…in…



chief; nor to the high priest; but to Religion and to God。 (81) The army; or



the hosts; were called the army of God; or the hosts of God。 (82) For this



reason God was called by the Hebrews the God of Armies; and the ark of the



covenant was borne in the midst of the army in important battles; when the



safety or destruction of the whole people hung upon the issue; so that the



people might; as it were; see their King among them; and put forth all their



strength。







(17:83) From these directions; left by Moses to his successors; we plainly



see that he chose administrators; rather than despots; to come after him;



for he invested no one with the power of consulting God; where he liked and



alone; consequently; no one had the power possessed by himself of ordaining



and abrogating laws; of deciding on war or peace; of choosing men to fill



offices both religious and secular: all these are the prerogatives of a



sovereign。 (84) The high priest; indeed; had the right of interpreting laws;



and communicating the answers of God; but he could not do so when he liked;



as Moses could; but only when he was asked by the general…in…chief of the



army; the council; or some similar authority。 (85) The general…in…chief and



the council could consult God when they liked; but could only receive His



answers through the high priest; so that the utterances of God; as reported



by the high priest; were not decrees; as they were when reported by Moses;



but only answers; they were accepted by Joshua and the council; and only



then had the force of commands and decrees {Like the separation of powers in



the United States of America。}







(17:86) The high priest; both in the case of Aaron and of his son Eleazar;

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