When we understand the nature of ministerial and delegated authority, and we understand how to submit to it, we have found the root of all civil liberty. Remember that this fifth commandment is the command with a promise. Thou shalt not sacrifice unto the Lord thy God any bullock, or sheep, wherein is blemish . . . (Deuteronomy 17:1-20).
A blemished sacrifice cannot be offered (v. 1). If covenant-breaking idolatry is found within their gates, then they are to deal with it severely, but also with impartiality and full justice (vv. 2-7). The emphasis here is on the procedural justice of the sentence, not the particular crime being punished. When a complicated case arises, the matter can be appealed to Jerusalem (vv. 8-13). But when the decision is made there, the decision is made. Moses anticipates the possibility of a king, but it has to be a particular kind of king—one fully given to the law of God (vv. 14-20). In particular, the king must resist the perennial w-temptations of power—weapons, women and wealth.
In cases requiring inquiry so that no injustice is done, two or three witnesses are required. To sacrifice a blemished animal to the Lord shows contempt for Him, and a slewed view of authority (Mal. 1:8). Justice applies equally to men and women (v. 2). If anyone transgresses the covenant by worshiping the sun, moon, or any of the host of heaven—which God did not command—and a report comes to the authorities, their course of action is set out for them (vv. 3-4). The authorities, the local judges and officers, shall “inquire diligently.” If the charge turns out to be true, then the guilty man or woman is stoned to death in the city gates (v. 5). Two or three witnesses are required in such cases (v. 6). The witnesses must participate in the execution—making them liable for blood vengeance if their testimony was perjury (v. 7). The requirement for two and three witnesses is picked up in the New Testament (Matt. 18:16; 2 Cor. 13:1; 1 Tim. 5:19). It is one of the central principles of justice.
But life is complicated, and messy cases will arise, cases too hard for the local judges. They are to take it to Jerusalem (v. 8). The appeal here is made by the judges, and not the disputants. The case will be settled by Levite priests and the judge there (v. 9). This sentence must be obeyed (v. 10). Moreover, the decision must be instructive—”which they shall teach thee . . .” (v. 11). This decision is binding at the local level. The man who refuses to hear the decision of the priest (in religious matters) or the judge (in civil) may be executed for contempt of court (v. 12). This in turn has clear deterrent value (v. 13).
The division between priest and judge here shows that the ancient Hebrew separation of church and state was not an invention of Thomas Jefferson’s. We also see it clearly in Jehoshaphat’s great reform (2 Chron. 19:5-11). Particularly note v. 11. But we must also be told that separation of church and state is a separation of two governments, both of which are under the authority of Jesus Christ. We are not talking about a separation of righteousness and state, or God and state, or morality and state.
Samuel would have been happy with a godly prince—what he did not want was a king like the other nations (1 Sam. 8). The people had complained about his sons, but then demanded rulers who would take far more from them than Samuel’s sons ever had. This is something the flesh likes (2 Cor. 11:19-20). When the time came for a king, God would appoint him (vv. 14-15) from among the Israelites.
We then come to the prohibitions placed on the king — the three w’s. Weapons—this king must not multiply horses (v. 16). These were the ancient tank divisions. Women—neither may he multiply wives in a harem (v. 17). The point was both sexual and political (e.g. treaties sealed by marriage). Wealth—the king may not multiply silver and gold (v. 17). He is to be a servant-king. It is notable that Solomon stumbled at each of these points. He turned back to Egypt to get horses (1 Kings 10:28); he was notorious for his seven hundred wives and three hundred concubines (1 Kings 11:1-6); and he was fabulously wealthy (1 Kings 10:14). The future king was required to write out his own copy the law (v. 18). This is the verse where we get the name Deuteronomy. He is to copy it once, and read it for the rest of his life (v. 19). He is to do this so that he does not become haughty over against his brethren—the law levels in the right way, and not in an egalitarian fashion (Jer. 22:1-5).
The entire passage concerns the kind of people who appoint a certain kind of leadership. So . . . Love true authority—true authority is itself under authority. Beware the autocrat—but watch for him in your own heart first. And love wisdom—if we are growing in grace, we will find ourselves growing in wisdom. But this is no clunky thing.