Deuteronomy 1:18

See Exodus 18:13–27.

ye are this day as the stars of heaven for multitude--This was neither an Oriental hyperbole nor a mere empty boast. Abraham was told (Gen 15:5-6) to look to the stars, and though they "appear" innumerable, yet those seen by the naked eye amount, in reality, to no more than three thousand ten in both hemispheres. The Israelites already far exceeded that number, being at the last census above six hundred thousand [Num 26:51]. It was a seasonable memento, calculated to animate their faith in the accomplishment of other parts of the divine promise.

Moses here reminds them of the happy constitution of their government, which was such as might make them all safe and easy if it was not their own fault. When good laws were given them good men were entrusted with the execution of them, which, as it was an instance of God's goodness to them, so it was of the care of Moses concerning them; and, it should seem, he mentions it here to recommend himself to them as a man that sincerely sought their welfare, and so to make way for what he was about to say to them, wherein he aimed at nothing but their good. In this part of his narrative he insinuates to them,
I. That he greatly rejoiced in the increase of their numbers. He owns the accomplishment of God's promise to Abraham (Deu 1:10): You are as the stars of heaven for multitude; and prays for the further accomplishment of it (Deu 1:11): God make you a thousand times more. This prayer comes in in a parenthesis, and a good prayer prudently put in cannot be impertinent in any discourse of divine things, nor will a pious ejaculation break the coherence, but rather strengthen and adorn it. But how greatly are his desires enlarged when he prays that they might be made a thousand times more than they were! We are not straitened in the power and goodness of God, why should we be straitened in our own faith and hope, which ought to be as large as the promise? larger they need not be. It is from the promise that Moses here takes the measures of his prayer: The Lord bless you as he hath promised you. And why might he not hope that they might become a thousand times more than they were now when they were now ten thousand times more than they were when they went down into Egypt, about 250 years ago? Observe, When they were under the government of Pharaoh the increase of their numbers was envied, and complained of as a grievance (Exo 1:9); but now, under the government of Moses, it was rejoiced in, and prayed for as a blessing. The consideration of this might give them occasion to reflect with shame upon their own folly when they had talked of making a captain and returning to Egypt.
II. That he was not ambitious of monopolizing the honour of the government, and ruling them himself alone, as an absolute monarch, Deu 1:9. Though he was a man as well worthy of that honour, and as well qualified for the business, as ever any man was, yet he was desirous that others might be taken in as assistants to him in the business and consequently sharers with him in the honour: I cannot myself alone bear the burden, Deu 1:12. Magistracy is a burden. Moses himself, though eminently gifted for it, found it lay heavily on his shoulders; nay, the best magistrates complain most of the burden, and are most desirous of help, and most afraid of undertaking more than they can perform.
III. That he was not desirous to prefer his own creatures, or such as should underhand have a dependence upon him; for he leaves it to the people to choose their own judges, to whom he would grant commissions, not durant bene placito - to be turned out when he pleased; but quam diu se bene gesserint - to continue so long as they approved themselves faithful. Take you wise men, that are known to be so among your tribes, and I will make them rulers, Deu 1:13. Thus the apostles directed the multitude to choose overseers of the poor, and then they ordained them,. Act 6:3, Act 6:6. He directs them to take wise men and understanding, whose personal merit would recommend them. The rise and origin of this nation were so late that none of them could pretend to antiquity of race, and nobility of birth, above their brethren; and, having all lately come out of slavery in Egypt, it is probable that one family was not much richer than another; so that their choice must be directed purely by the qualifications of wisdom, experience, and integrity. "Choose those," says Moses, "whose praise is in your tribes, and with all my heart I will make them rulers." We must not grudge that God's work be done by other hands than ours, provided it be done by good hands.
IV. That he was in this matter very willing to please the people; and, though he did not in any thing aim at their applause, yet in a thing of this nature he would not act without their approbation. And they agreed to the proposal: The thing which thou hast spoken is good, Deu 1:14. This he mentions to aggravate the sin of their mutinies and discontents after this, that the government they quarrelled with was what they themselves had consented to; Moses would have pleased them if they would have been pleased.
V. That he aimed to edify them as well as to gratify them; for,
1. He appointed men of good characters (Deu 1:15), wise men and men known, men that would be faithful to their trust and to the public interest.
2. He gave them a good charge, Deu 1:16, Deu 1:17. Those that are advanced to honour must know that they are charged with business, and must give account another day of their charge. (1.) He charges them to be diligent and patient: Hear the causes. Hear both sides, hear them fully, hear them carefully; for nature has provided us with two ears, and he that answereth a matter before he heareth it, it is folly and shame to him. The ear of the learner is necessary to the tongue of the learned, Isa 50:4. (2.) To be just and impartial: Judge righteously. Judgment must be given according to the merits of the cause, without regard to the quality of the parties. The natives must not be suffered to abuse the strangers any more that the strangers to insult the natives or to encroach upon them; the great must not be suffered to oppress the small, nor to crush them, any more than the small, to rob the great, or to affront them. No faces must be known in judgment, but unbribed unbiased equity must always pass sentence. (3.) To be resolute and courageous: "You shall not be afraid of the face of man; be not overawed to do an ill thing, either by the clamours of the crowd or by the menaces of those that have power in their hands." And he gave them a good reason to enforce this charge: "For the judgment is God's. You are God's viceregents, you act for him, and therefore must act like him; you are his representatives, but if you judge unrighteously, you misrepresent him. The judgment is his, and therefore he will protect you in doing right, and will certainly call you to account if you do wrong."
3. He allowed them to bring all difficult cases to him, and he would always be ready to hear and determine, and to make both the judges and the people easy. Happy art thou. O Israel! in such praise as Moses was.

Deuteronomy 1:9-18

9. And I spoke unto you at that time, saying, I am not able to bear you myself alone:

9. Dixi vobis in tempore illo, dicendo, Non possum solus ferre vos.

10. The Lord your God hath multiplied you, and, behold, ye are this day as the stars of heaven for multitude.

10. Jehova Deus vester multiplicavit vos, ita ut sitis hodie sicut stellae coeli in multitudine.

11. (The Lord God of your fathers make you a thousand times so many more as ye are, and bless you, as he hath promised you!)

11. Jehova Deus patrum vestrorum addat super vos sicut estis, mille vicibus, et benedicat vobis quemadmodum loquutus est vobis.

12. How can I myself alone bear your cumbrance, and your burden, and your strife?

12. Quomodo feram solus laborem vestrum, et onus vestrum, et lites vestras.

13. Take you wise men, and understanding, and known among your tribes, and I will make them rulers over you.

13. Date ex vobis viros sapientes et intelligentes, et peritos e tribubus vestris, ut praeficiam illos vobis.

14. And ye answered me, and said, The thing which thou hast spoken is good for us to do.

14. Et respondistis mihi atque dixistis, Bona res est quam dixisti ut faciamus.

15. So I took the chief of your tribes, wise men, and known, and made them heads over you, captains ever thousands, and captains over hundreds, and captains over fifties, and captains over tens, and officers among your tribes.

15. Tulique principes tribuum vestrarum, viros sapientes et peritos, ac constitui eos principes super vos, tribunos, et centuriones, et quinquagenarios, et decuriones, et praefectos tribubus vestris.

16. And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him.

16. Atque praecepi judicibus vestris tempore illo, dicendo, Audite inter fratres vestros, et judicate juste inter virum et fratrem suum, et inter peregrinum ejus.

17. Ye shall not respect persons in judgment, but ye shall hear the small as well as the great; ye shall not be afraid of the face of man; for the judgment is God's: and the cause that is too hard for you, bring it unto me, and I will hear it.

17. Non agnoscetis faciem in ipso judicio: sicut parvum, sic et magnum audietis: non timebitis a facie cujusquam, quia judicium Dei est: rem autem quae gravior erit vobis, referetis ad me, et audiam illam.

18. And I commanded you at that time all the things which ye should do.

18. Praecepique vobis tempore illo onmia quae facere deberetis.

9. And I spoke unto you at that time. He does not here say that the counsel was suggested to him from another quarter, as to the appointment of the judges; but, perhaps, he dared not mention any name to these proud and perverse people, lest they should reject the thing which was otherwise good, from dislike of its author, as a foreigner. No doubt he is here recounting what had before happened; therefore he confesses himself, from his own personal feelings, unequal to bearing the burden, if he alone is set over the whole people. He adduces as the cause the immense multitude amongst whom there must necessarily arise many strifes and controversies. As to what he says of their increase, the commencement of its period must not be taken from the Exodus, but he commemorates the extraordinary and incredible favor of God, because they had so largely multiplied under the cruel tyranny when they were doomed to total destruction; and he adds a prayer, that for the future also the same blessing may attend them. Yet in these words he reminds them that the burden of government would become daily more arduous and weighty; whereby he may more readily persuade them to provide at once for what could not be eventually avoided.

13. Take you wise men. Hence it more plainly appears that those who were to preside in judgment were not appointed only by the will of Moses, but. elected by the votes of the people. And this is the most desirable kind c f liberty, that we should not be compelled to obey every' person who may be tyrannically put over our heads; but which allows of election, so that no one should rule except he be approved of by us. And this is further confirmed in the next verse, wherein Moses recounts that he awaited the consent of the people, and that nothing was attempted which did not please them all. Again, he does not here mention the same virtues as in Exodus 18; but only distinguishes the judges by three qualifications, viz., that they should be wise, and understanding, and experienced, all of which are comprised under one head, that they should possess acuteness of intellect and prudence, confirmed by experience and practice; for neither the greatest probity nor diligence would be sufficient; for the office of ruler, apart from skill and sagacity. [204] But the first epithet which the Hebrews often apply in a bad sense to the crafty and deceitful, here means acute and perspicacious. The second I explain as pointing out prudent persons, endued with sound judgment and discretion. [205] The third may be taken either actively or passively; some therefore translate it known or tried; but here the active sense is most suitable. Thus, then, experience and acquaintance with business is required in judges; because none but the practiced are competent for the management of business.

16. And I charged your judges. This charge is not found in Exodus 18, where the only object of Moses was to point out the origin of the alteration; but now omitting the praise of his father-in-law, he merely recalls to the recollection of the Israelites what he did with them. The sum, however, of the exhortation is, that they should adjudicate impartially between their brethren; which is more fully expressed in the next verse, where they are forbidden to "acknowledge faces." [206] For there can be no greater corruption than to judge from personal appearance, which always draws away men's minds from the merits of the ease. Wherefore Christ rightly opposes these two things to one another, to "judge righteous judgment," and "according to the appearance." (John 7:24.) This even philosophers have perceived, when they have advised that, as far as possible, judges should be restrained by fixed laws, lest;, being left free, they should be swayed this way or that by favor or ill will. And, in point of fact, wherever there is a sufficient capacity of intellect, equity and rectitude will prevail, unless respect to persons influences the judge. It, is plain from the context, where Moses forbids the making a distinction between small and great, what is meant by "acknowledging persons." But although judges often inflict injury upon the poor and wretched out of contempt of them, yet Moses adverts to the more common fault, when he charges them "to be afraid of no man;" since it very often happens that those who are otherwise just, and disposed to study what is equitable and right, are made to swerve through fear of the threats of the powerful, and dare not; manfully encounter their ill will. Moses, therefore, requires magnanimity in judges, so that they may not hesitate to bring upon themselves the hatred of any, in their defense of a good cause. But we must specially observe the reason whereby he corrects their fear and alarm; for he says that they are to be afraid of no mortal man, because "the judgment is God's." He does not here merely remind them, as it; appears to some, that an account must be rendered to God; but shows how absurd it is to turn from the right course out of the fear of man, because thus the majesty of God is prostituted and exposed to scorn; as much as to say that this honor must be paid to God, whose representatives they are, that they should look upon all men as beneath them, and restrain the audacity of rite wicked with such inflexible magnanimity, that God alone may have the preeminence. The same is the object of Jehoshaphat's words:

"Take heed what ye do: for ye judge not for man but for the Lord." (2 Chronicles 19:6.)

If this were thoroughly impressed upon the minds both of magistrates and pastors, they would not vacillate so often; for relying on God's aid, they would stand firmly against all the terrors by which they are so pitifully agitated. Wherefore let all those who are called to any public office, sustain themselves by this doctrine, that they are doing God's work, who is well able to keep them safe from the violence as well as the craftiness of the whole world. Yet, at the same time we are taught by these words that all posts of command are sacred to God, so that whosoever are called to them should reverently and diligently serve God, and ever reflect that His is the dominion whereof they are the ministers.

Footnotes:

[204] chkmym, wise men. C. had already said in his Commentary on Exodus 1:10, that the Hebrews often used this epithet in an ill sense, but the assertion is scarcely tenable. -- W

[205] ydym. The third characteristic can only be said to be ambiguous by such as reject the authority of the Hebrew points. The translators who admit that authority must hold this participle to be passive: and therefore our A. V. renders the clause, known among your tribes. -- W

[206] So margin A. V.

And I commanded you at that time all the things which ye should do. Delivered to them all the laws, moral, ceremonial, and judicial, which were then given him at Mount Sinai.

I delivered unto you, and especially unto your judges, all the laws, statues, and judgments revealed unto me by the Lord in Horeb.

Moses commenced with the summons issued by the Lord to Israel at Horeb, to rise and go to Canaan.
Deu 1:6
As the epithet applied to God, "Jehovah our God," presupposes the reception of Israel into covenant with Jehovah, which took place at Sinai, so the words, "ye have dwelt long enough at this mountain," imply that the purpose for which Israel was taken to Horeb had been answered, i.e., that they had been furnished with the laws and ordinances requisite for the fulfilment of the covenant, and could now remove to Canaan to take possession of the promised land. The word of Jehovah mentioned here is not found in this form in the previous history; but as a matter of fact it is contained in the divine instructions that were preparatory to their removal (Num 1-4 and 9:15-10:10), and the rising of the cloud from the tabernacle, which followed immediately afterwards (Num 10:11). The fixed use of the name Horeb to designate the mountain group in general, instead of the special name Sinai, which is given to the particular mountain upon which the law was given, is in keeping with the rhetorical style of the book.
Deu 1:7
"Go to the mount of the Amorites, and to all who dwell near." The mount of the Amorites is the mountainous country inhabited by this tribe, the leading feature in the land of Canaan, and is synonymous with the "land of the Canaanites" which follows; the Amorites being mentioned instar omnium as being the most powerful of all the tribes in Canaan, just as in Gen 15:16 (see at Gen 10:16). שׁכניו, "those who dwell by it," are the inhabitants of the whole of Canaan, as is shown by the enumeration of the different parts of the land, which follows immediately afterwards. Canaan was naturally divided, according to the character of the ground, into the Arabah, the modern Ghor (see at Deu 1:1); the mountain, the subsequent mountains of Judah and Ephraim (see at Num 13:17); the lowland (shephelah), i.e., the low flat country lying between the mountains of Judah and the Mediterranean Sea, and stretching from the promontory of Carmel down to Gaza, which is intersected by only small undulations and ranges of hills, and generally includes the hill country which formed the transition from the mountains to the plain, though the two are distinguished in Jos 10:40 and Jos 12:8 (see at Jos 15:33.); the south land (negeb: see at Num 13:17); and the sea-shore, i.e., the generally narrow strip of coast running along by the Mediterranean Sea from Joppa to the Tyrian ladders, or Rs el Abiad, just below Tyre (vid., v. Raumer, Pal. p. 49). - The special mention of Lebanon in connection with the land of the Canaanites, and the enumeration of the separate parts of the land, as well as the extension of the eastern frontier as far as the Euphrates (see at Gen 15:18), are to be attributed to the rhetorical fulness of the style. The reference, however, is not to Antilibanus, but to Lebanon proper, which was within the northern border of the land of Israel, as fixed in Num 34:7-9.
Deu 1:8-10
This land the Lord had placed at the disposal of the Israelites for them to take possession of, as He had sworn to the fathers (patriarchs) that He would give it to their posterity (cf. Gen 12:7; Gen 13:15; Gen 15:18., etc.). The "swearing" on the part of God points back to Gen 22:16. The expression "to them and to their seed" is the same as "to thee and to thy seed" in Gen 13:15; Gen 17:8, and is not to be understood as signifying that the patriarchs themselves ought to have taken actual possession of Canaan; but "to their seed" is in apposition, and also a more precise definition (comp. Gen 15:7 with Gen 15:18, where the simple statement "to thee" is explained by the fuller statement "to thy seed"). ראה has grown into an interjection = הנּה. לפני נתן: to give before a person, equivalent to give up to a person, or place at his free disposal (for the use of the word in this sense, see Gen 13:9; Gen 34:10). Jehovah (this is the idea of Deu 1:6-8), when He concluded the covenant with the Israelites at Horeb, had intended to fulfil at once the promise which He gave to the patriarchs, and to put them into possession of the promised land; and Moses had also done what was required on his part, as he explained in Deu 1:9-18, to bring the people safety to Canaan (cf. Exo 18:23). As the nation had multiplied as the stars of heaven, in accordance with the promise of the Lord, and he felt unable to bear the burden alone and settle all disputes, he had placed over them at that time wise and intelligent men from the heads of the tribes to act as judges, and had instructed them to adjudicate upon the smaller matters of dispute righteously and without respect of person. For further particulars concerning the appointment of the judges, see at Exo 18:13-26, where it is related how Moses adopted this plan at the advice of Jethro, even before the giving of the law at Sinai. The expression "at that time," in Deu 1:9, is not at variance with this. The imperfect ואמר with vav rel., expresses the order of thought and not of time. For Moses did not intend to recall the different circumstances to the recollection of the people in their chronological order, but arranged them according to their relative importance in connection with the main object of his address. And this required that he should begin with what God had done for the fulfilment of His promise, and then proceed afterwards to notice what he, the servant of God, had done in his office, as an altogether subordinate matter. So far as this object was concerned, it was also perfectly indifferent who had advised him to adopt this plan, whilst it was very important to allude to the fact that it was the great increase in the number of the Israelites which had rendered it necessary, that he might remind the congregation how the Lord, even at that time, had fulfilled the promise which He gave to the patriarchs, and in that fulfilment had given a practical guarantee of the certain fulfilment of the other promises as well. Moses accomplished this by describing the increase of the nation in such a way that his hearers should be involuntarily reminded of the covenant promise in Gen 15:5. (cf. Gen 12:2; Gen 18:18; Gen 22:17; Gen 26:4).
Deu 1:11
But in order to guard against any misinterpretation of his words, "I cannot bear you myself alone," Moses added, "May the Lord fulfil the promise of numerous increase to the nation a thousand-fold." "Jehovah, the God of your fathers (i.e., who manifested Himself as God to your fathers), add to you a thousand times, כּכם, as many as ye are, and bless you as He has said." The "blessing" after "multiplying" points back to Gen 12:2. Consequently, it is not to be restricted to "strengthening, rendering fruitful, and multiplying," but must be understood as including the spiritual blessing promised to Abraham.
Deu 1:12
"How can I myself alone bear your cumbrance, and your burden, and your strife?" The burden and cumbrance of the nation are the nation itself, with all its affairs and transactions, which pressed upon the shoulders of Moses.
Deu 1:13-18
לכם הבוּ, give here, provide for yourselves. The congregation was to nominate, according to its tribes, wise, intelligent, and well-known men, whom Moses would appoint as heads, i.e., as judges, over the nation. At their installation he gave them the requisite instructions (Deu 1:16): "Ye shall hear between your brethren," i.e., hear both parties as mediators, "and judge righteously, without respect of person." פּנים הכּיר, to look at the face, equivalent to פּנים נשׁא (Lev 19:15), i.e., to act partially (cf. Exo 23:2-3). "The judgment is God's," i.e., appointed by God, and to be administered in the name of God, or in accordance with His justice; hence the expression "to bring before God" (Exo 21:6; Exo 22:7, etc.). On the difficult cases which the judges were to bring before Moses, see at Exo 18:26.