Haydock's Catholic Bible Commentary: Deuteronomy
Chapter 17
Ver. 1. Ox. By this name all bulls, cows, &c., are designated. For it was not lawful to sacrifice any thing which had lost any member, Exodus xii. 5., and Leviticus i. 3.
Ver. 2. Covenant, by incurring the evil of idolatry. (Calmet) (Hebrews x. 29.)
Ver. 3. The host of heaven. That is, the stars. (Challoner) --- This species of idolatry was the most ancient and common in the East. Job (xxxi. 26, 28) takes notice of the adoration of the sun and of the moon, and calls it a very great iniquity, and a denial against the most high God. He lived in Arabia, and probably not far from the place where Moses was addressing the Israelites. (Haydock) --- The pagans looked upon the sun and moon as the king and queen of heaven, and the stars as their guards. Plato says (in Phædro) that "the sun marches at the head of the gods, in a winged chariot, and the eleven other gods lead on their bands of demons," or the stars, &c.
Ver. 5. Stoned, not far from the gates, where they received sentence. Thus the sabbath-breaker was stoned without the camp, (Numbers xv. 35,) and St. Stephen out of the city of Jerusalem, Acts vii. 57. When only a few were concerned, the twenty-three judges passed sentence: but if a whole tribe had been guilty, the cognizance of the affair was left to the Sanhedrim. When a city was infected with this abomination, it was wholly destroyed. But no one was punished, except two witnesses (ver. 6,) attested that formal idolatry, by sacrifice, &c., had been committed. (Selden, Syned. iii. 4.)
Ver. 6. Slain. When the action was public, this formality was not requisite, chap. xiii. 9. --- Him. One witness was never admitted to prove any crime; neither would the Jews receive for witnesses, women, infants under thirteen, slaves, publicans, thieves, &c. (Josephus, [Antiquities?] iv. last chapter.) The Rabbins also reject other notorious offenders, enemies, relations, and those who had not a competent knowledge of the law, &c. (Ap. Selden, Syn. ii. 13. 11.; and Grotius) --- But we could wish for some authors of more credit. (Calmet)
Ver. 7. Kill him. Thus testifying that they approve the sentence, and are willing that his blood should be required at their hands, if they had accused him falsely. The criminal was hurled down a precipice by one of the witnesses, and, if he survived, he was stoned by the other, and by the whole people. Maimonides asserts, that the execution took place on some great festival, for the terror and instruction of the multitude; but others call this in question. (Fagius) (Calmet)
Ver. 8. If thou perceive, &c. Here we see what authority God was pleased to give to the church-guides of the Old Testament, in deciding, without appeal, all controversies relating to the law; promising that they should not err therein; and punishing with death such as proudly refused to obey their decisions: and surely he has not done less for the church-guides of the New Testament. (Challoner) --- Hard. Hebrew also means, "doubtful, hidden, divided;" so that the opinions of the judges do not agree. In matters of fact, the thing is more easily investigated on the spot. But in these cases, where the law is ambiguous, as even the divine ordinances frequently are, being delivered in human language, (Grotius) a living judge is necessary. God remits the Jews in the council of the priests, at the head of whom was the sovereign pontiff, who was the natural and supreme judge of such difficulties, ver. 9, 12. (Haydock) --- And blood, to decide when murder must be punished with death, and when the right of an asylum may be claimed. (Calmet) --- The Vulgate renders the same words, 2 Paralipomenon xix. 10. --- Between kindred and kindred, as the different degrees cause many embarrassments, with regard to marriages, &c. (Tirinus) --- The Rabbins understand that the judge had to declare when a woman was rendered unclean, Leviticus xii. 4. (Lyranus) --- And cause, or lawsuit; some thinking that a greater sum for reparation of an injury should be required, others judging that one of the contending parties should be set at liberty, while the other judges are of a contrary sentiment. Hebrew, "between judgment and judgment," when a doubt arises whether laymen or the Levites may be the proper judges. The Rabbins only remit three cases to the tribunal of the latter, respecting, 1. The red heifer; 2. the woman accused of adultery by her jealous husband; 3. the heifer to be offered in sacrifice, for a murder committed by a person unknown, chap. xxi. 5. --- And leprosy. Various difficulties might arise concerning this matter, of which the priests had to pass sentence, Leviticus xiii. Some render the Hebrew negah, "wound." The law of retaliation required a scrupulous nicety. Blood, cause, and leprosy, may denote lawsuits of a criminal, less important, and ceremonial nature. (Jansenius) --- Vary. Hebrew, "which are matters of contention within thy gates."
Ver. 9. Judge. Moses does not specify whether the contending parties, or the judges themselves thought proper to have the matter debated before a higher court. The Rabbins observe, that appeals to the Sanhedrim were only the last resort, and that the sentence of that tribunal was to be complied with under pain of death, ver. 12. (Selden, Syned. iii. 2. 2.) The judge here mentioned, according to them and the generality of commentators, after Josephus, Philo, &c., is no other than the high priest, as the Scripture plainly indicates, chap. xxi. 5., and Ezechiel xliv. 24. He abode near the tabernacle, and God enabled him to explain the law, when he was arrayed with the ephod, and the Urim and Thummim. Some moderns, who have an interest to lessen the authority of the ecclesiastical jurisdiction, with Calvin, Ainsworth, &c., pretend that an appeal was to be made to the priests, in disputes which concerned religion, and to the civil magistrate in other cases, 2 Paralipomenon xix. 5. (Calmet) --- But an appeal to the high priest, in doubtful cases, could not be denied. The government of the Jews was a theocracy, and the pontiff acted as the vicegerent of God. (Haydock)
Ver. 10. Preside. The high priests who are to succeed each other. (Worthington)
Ver. 11. According, &c. This law was to be the rule of the priests, in passing sentence. It was not left to the judgment of individuals to comply or not, according as they might explain the law for themselves. Such a proceeding would be nugatory, as they would thus be themselves the ultimate judges of their own cause. (Haydock) --- They shall seek the law at his (the priest's) mouth, Malachias ii. 7. Protestants make, therefore, a very frivolous restriction, when they allow his sentence to bind only "so long as he is the true minister of God, and pronounceth according to his word." (Bible, 1603.) (Worthington) --- If any had been proud enough among the Jews, to persuade himself that he understood the law better than the high priest, he would not on that account have escaped death. (Haydock) --- The authority of the Christian Church is not inferior to that of the Synagogue, only, "instead of death, excommunication is now inflicted" on the rebellious. (St. Gregory, Matthew xviii. 17.; St. Augustine, q. 38.) In effect, St. Paul assures us that the priests of the law, serve unto the example and shadow of heavenly things. But now he (Christ)...is the mediator of the better covenant, which is established on better promises, Hebrews viii. 5, 6. If therefore the privilege of deciding points of faith and morality, without danger of mistake, was granted to the synagogue, can any one doubt but that Christ would provide as ample a security for his Church, with which he has promised to remain for ever, and with his Holy Spirit to teach her all the truth? (Haydock) --- St. Augustine dwells upon this argument (Doct. 4.) and proves the infallibility both of the Jewish and of the Christian Church. Hence Christ said, with respect to the former, which was not yet rejected, All therefore whatsoever they shall say to you, observe and do: but according to their works, do ye not: for they say the truth, and do not practise what they require of others. If the heads of the Catholic Church should be equally immoral, their true doctrine must not therefore be despised, lest Christ and his Father be at the same time despised. For this is the express admonition of our heavenly lawgiver, hear the Church: (Matthew xvii. 17,) and this he does not require without giving us a full assurance, that we may do it without fear of being led astray. The sole command of God implies as much, if he had said no more. For can he order us to sin?