The Courts of Justice

Deuteronomy 16:18 - 17:13

The Great Covenant . . . . . . . . . . . . . . . . . . . . . .  . . . . . . . . . . . . .  Max A Forsythe

Introduction:  The few times I have been in conversation with members of the judicial system, I was initially put off by the love and dedication to legal procedure amongst the agents of the court.  Justice was what I wanted to see, and if I may confess it – the outcome that I desired in particular was what I sincerely wanted to be brought about.  You learn quickly, of course that the courts of law in this country still have their collection of procedures which may be diligently traced through British Common Law back to the biblical principles established as a result of The Great Covenant that we are studying.

There are several principles revealed in this chapter, which have had a profound and lasting impact upon the history of all countries whose citizens would profess the true faith.  Not only are the officers and procedures established, but also wise admonition is given to any who would hold such offices within the State or Church.

Old Covenant Milieu:  The first thing we notice in verse eighteen is the command: “You shall appoint judges and officers in all your gates, which the Lord your God gives you, according to your tribes, and they shall judge the people with just judgment.”  Here we see the biblical basis for local government at the village and township level.  Gated communities we may presume to be an early informal standard of what we would call “incorporation” in our time and place.  Dr Craigie observes:  “the judge’s role was no doubt similar to that of the modern judge, while the ‘officer’ probably represented the executive branch of the law and may have been analogous to the modern policeman.”  The covenantal foundation for law would of course be the ten principles and the body of derived law recorded in the five books of the law.

Up until the late thirties and early forties, the law described above was pretty much uniform throughout the American states.  The local “Justice of the Peace”, who may or may not have held the office of “Mayor” dispensed justice in a majority of the cases where a felony had not been committed.  Each village and or township would also have a “Marshal” (Peace Officer) to arrest and detain those who needed a day in court!

The next principle in this regard is further into chapter seventeen, look at verses eight and nine:

“If a matter arises which is too hard for you to judge,

then you shall arise and go up to the place which the Lord your God chooses.  And you shall come to the priests, the Levites, and to the judge there in those days, and inquire of them.”

Here is described a fairly detailed “Appeals System”, similar in nature to the system of seventy judges set up by Moses on Jethro’s advice.  Notice the provision for seeking further advice when blood has been shed.  There is no kangaroo court here where a judge and executioner merely go through the necessary procedures – there is in fact a relationship between any of the first three and the “matters of controversy”, which rounds out the appellate jurisdiction.

Yes, I know – things are never so neat and tidy within local politics anywhere in the world!  But at the very least – a biblical admonishment to every society is clearly stated when it comes to the administration of lawful justice!

The third principle involves the final decision of the court in verses ten and eleven:  “You shall do according to the sentence which they pronounce upon you in that place which the Lord chooses.  And you shall be careful to do according to all that they order you.  According to the sentence of the law in which they instruct you, according to the judgment which they tell you, you shall do, you shall not turn aside to the right hand or to the left from the sentence which they pronounce upon you.”  Here we see the confidence of the Lord in His people to be judicious in the application of His law under the secular and sacred jurisdictions of revealed law.  The decisions of the proper court in any matter are final and their declarations must be carried out.

One of the greatest literary accomplishments in this regard is a wonderful story by Herman Melville.  The fictional tale is named:  Billy Budd.  In this story a winsome, wholesome young sailor is tragically implicated in a justifiable case of manslaughter.  However, the rules of war during a state of war, had but one outcome for striking a superior officer.  The lead character, Billy Budd – recognizes the anterior importance of upholding the law even as he is led to the gallows.  His last words before the crew, invokes the Lord’s blessing upon the very Captain who must by necessity order his execution!  This book as well as The Commentaries on Law by Sir William Blackstone whose work was the foundation for understanding and interpreting English and American jurisprudence down to the twenties and thirties of the last century.

Listen to the wisdom of this knighted gentleman judge of the law:  “Upon these two foundations, the law of nature and the law of revelation, depend all human laws; that is to say, no human laws should be suffered to contradict these.”

Now, much of what I have said and quoted runs against the grain of our New Age sensibilities.  Like my first reaction to situations of law for which I sought advice – we would all rather not go through the procedures, which may or may not give us the justice we would demand for ourselves!  I would think that it is for this very reason that Christians are encouraged and admonished to stay out of the court system unless an action is defensive in nature or court cannot be avoided by any reasonable means.

One final principle before we look into the character traits demanded of the officials.  Look at verses twelve and thirteen:  “Now the man who acts presumptuously and will not heed the priest who stands to minister there before the Lord your God, or the judge, that man shall die.  So you shall put away the evil from Israel.  And all the people shall hear and fear, and no longer act presumptuously.”  What we see here is the sad fact that some individuals are beyond being civilized.  We may note in other places that the Old Covenant records allow for juvenile delinquents, who will not and cannot get along, to be disposed of by the court for the good of the community.  In a similar fashion, here – the law recognizes the necessity of sometimes putting incorrigible members of society out of the way permanently.  Some of our three strikes and you get permanent room and board laws, are derived from this principle.

Now, that we have covered four principles here that have a direct relationship to our present legal system, there are two other issues mixed into this chapter.  Strange to our thinking must be the allusions in the transitional verses of chapters sixteen and seventeen to “sacred pillars”, “sacrifices” and “apostasy” in the legal context of the court system being described.  Dr Wright observes:  “These few laws may have been included here because they describe the kind of religious syncretism that would lead to covenant transgression, and thence to the sort of court case that judges would have to deal with.”

At bottom – I believe that the focus here in this regard is a reminder that the secular ideal of justice served is so intimately wrapped up with the word and purpose of the Revealer of law, that true law, a pure jurisprudence and a fair application of judicial opinion cannot be separated from a Judeo-Christian civilization.  Dr Thompson observes:  “Because of the inter-relationship of cultic and civil processes, principles which applied in religious practice also applied in civil practice.”

He further outlines:  “Three principles are declared in these verses,

  1. the finality of Yahweh’s authority,

  2. respect for Yahweh’s name, …

  3. need for careful investigation and substantiation of every offense before judgment was carried out.”

Thus, we may know that not only is the law sacrosanct, but even more so is the Revealer of that law to be held truly sacred.  Therefore, it would be the height of immorality and apostasy to impose any pagan symbols in conjunction with the sacrificial system, just as it would be an abomination to offer any thing less than the prescribed offering and by derivation: anything less than a careful, timely and appropriate rendition of justice.

The text then delves into what we would call case law in our heritage of English Common Law.  Moses, the revealer of God’s law illustrates what the principle of holiness applies in the context of the commandments.  There is a requirement for the capital case here for two or three witnesses.  Many people today may think such a condemnation for the “mere” crime of religious syncretism is beyond comprehension.  And even treason against the state must be excused according to the Media, if our current examination of the “Johnny Walker” case is accurate from the liberal bias of the various media sources is any indication!  Of course, we may wish that our forces in Afghanistan could have been more trigger happy in his regard, but then – the very military forces that have taken an oath to our own Constitution would be in violation of the law!  So “Johnny” must come slinking home as the media darling – and any case in court becomes tried by the fourth or fifth estate and their rendition of a liberal verdict makes a righteous case based on law less and less likely.

I suppose, we will have to be content in the final knowledge that the case in print here before our eyes, while not humanly possible to define nor politically execute in our time, must be understood as God’s final judgment in such matters at the end of the age.  And well we may applaud the lack of religious prosecution in our time and place, because the liberal mood swing is moving against any and all who would uphold the righteousness of God’s perfect covenantal law.  In fact, several leading liberal feminists have gone on record in the last few years suggesting that any who uphold the Great Covenant of Law revealed through Moses, should be prosecuted and put out of society’s way.

Our last issue in the context of our text is to consider the character of those judges who are chosen to exercise the Covenant Law in the Name of our righteous God and King.  Dr Raymond Brown prefaces his comments on this issue:  “The Lord [Israel] worshipped was as concerned about what was decided in the law courts as about what was offered in the sanctuary.”  Further he admonishes:  “A corrupt legal system would be abhorrent to a God who loves truth and righteousness.  So, when the people appoint a judge, four characteristics must be borne in mind.  He must be available, impartial, upright and dedicated.”

By this summary he means first that the local courts in question must be just that.  Here in America when the colonial counties were being laid out, great care was taken that the county seat, with the courthouse be accessible within a day’s travel from any part of the county.  Further west, across the Mississippi – a smaller population base dictated otherwise.  However, for most of our history – it has been the locally accessible courts that accomplished the bulk of the work of the court system.  Even the Supreme Court of the land sent its justices out on the road to try initial cases where such cases were processed.  Only part of the year would the whole of the court listen, study and decide the cases of final appeal in their offices in the nation’s capital.

The impartiality of the judges is strenuously admonished.  King Henry the Seventh hired judges to impart the “King’s Justice” throughout the land and he threatened each and every one of them that their shoulders could be lonesome for their heads – if they tarnished the justice he would guarantee through them.  This is why we should examine the backgrounds of our elected judges very carefully in our day and time.  I know, that information is very hard to come by.  One measure that I always use is one that many judges feel obligated to announce:  their membership in a secret society!  There are far too many examples of corruption based on the relationships inherent in that secret order to take any chance in elected such candidates!  Just, as the liberals do not hesitate to obstruct any Christian judge, neither should we hesitate to withhold our votes whenever warranted by the standards you choose to impose for your ballot.

Third in this list is the uprightness of character known to the public at large concerning every court official.  Time was, when every employee of the public schools was chosen primarily upon their habits of character.  That was when the system still worked to some greater degree than is ever possible in our time.  Judges of course are of much more importance than teachers – because the laws may be used to subvert not only constitutional justice, but every other aspect of society as well.

Finally, the work habits of the judge must be considered carefully.  Is he willing to put in the time, do the necessary research and be exceptionally careful that his decisions are right, just and the punishments fitted to the crime in question.  We might also add in our age, that his understanding of the law is adequate, the judges are not elected to create law, but to interpret that law.  Thus, any judge who believes that the Constitutional documents are living documents to be interpreted, as the age requires – is beyond the pale of acceptability!  Just as the holy and righteous giver of the law is unchangeable – so should we understand the basic principles of not only the revealed law but also the constitutional covenants in force in the Western World.

New Covenant Continuum:  I have been talking all through this discourse as if the Old and New Covenant communities were one and the same.  Of course, the Great Covenant applies to all people in all places in every time since it was revealed.  Certainly, there may be a different administration under the Lordship of Jesus Christ.  And these administrative changes are scattered throughout the New Covenant record.

Since Moses crafted a case study to illustrate God’s point in Deuteronomy, let me give a classic case in point in regards to the new administration of Christ.  The case is to be found in John 7:53 to  8:11.  Now, this is a very interesting portion of God’s word.  The liberals generally say this section should be excluded from the book, and the conservatives who might wish it were not part of the canon, nevertheless hold to the revelation given in its context.  The issue there has a clear-cut case of adultery punishable by death.  We do not know what Jesus wrote in the dust of the ground, but whatever it was led the Jewish leaders to abandon their case.  The women in question was carefully admonished “God now and leave your life of sin.”

In the conservative community, we would understand this scene to set aside the death penalty for consensual adultery.  Some one once emailed me to ask how the new administration of Christ related to the gross crime of Sodomy.  I appealed to this text and suggested that the only change under the administration of Christ was that society no longer was beholden to execute such perverts.  They could have their secret life until the final judgment of God enforces His permanent, eternal punishment for all sexual crimes related to the laws and His covenant.  In this matter as in all others related to the ten principles, we have to remember that Jesus did not come to change the law – but to fulfill it.  And until He comes, He would tell us that not “one jot or one tittle” (the smallest marks of lettering) will be changed.

Contemporary Application:  Of all peoples – we as Christians must appreciate, understand and obey the Covenantal standards in Deuteronomy as we are given to interpret them in light of the Holy Spirit and the new administration of Christ our Lord.  Once, there was a possibility that I might have to testify in court regarding public policy in the schools.  Supposedly, the school’s legal advisor and insurance covered me, however, I had my own liability insurance then and as well as now.  I was very worried about going to court with our administration, because the key witness was known to lie like a rug and I was very afraid of political entanglements where the truth given on the witness stand might conflict from one person to another.  I was especially concerned about the oath necessary in court to tell the whole truth and nothing but the truth, which has a biblical basis – knowing full well that another participant had no compunctions in such things at all.  Providentially, the case was settled out of court and I didn’t have to step into a career risking testimony.

The system of law as it has come down to us is more related to the biblical foundations than any public person is willing to acknowledge today.  And as our population becomes more and more secular, the character of judges and juries will more and more depart from the standards revealed through Moses by the Creator God.  This sad religious drift is not within our ability to change, but even as the system becomes less and less biblical – we are still bound by our calling in Christ – to reflect a biblical ethic in every case at law where providence may lead us.  May the Lord give us strength in that calling until He returns to establish His justice for eternity.  Amen.

Resources Used:

Copyright (C) 2001                             Christ Covenant Reformed (Presbyterian Church in America)

    30 December 2001                           Box 13926 - Columbus, Ohio 43213-8049

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