That the Deuteronomist found JE in a more complete form, before it was worked up with Q, than that in which we have it after the working up, is not such a difficult assumption that one should be driven into utter impossibilities in order to avoid it.  For according to Noldeke either the author of Deuteronomy v.-xi. had before him the Pentateuch as it now is, and was enabled, very curiously, to sift out JE from it, or he used JE as an independent work, but read Q as well, only in such a way that his general view was in no way influenced by that of the priestly work, but on the contrary contradicts it entirely and yet unconsciously—­since his work leaves no opening for a ritual legislation given side by side with the Decalogue, and that ritual legislation is the whole sum and substance of the Priestly Code.  To such a dilemma are we to make up our minds, because one trait or another of the Deuteronomic narrative cannot be traced in JE as we now have it, and is preserved in Q?  Does this amount, in the circumstances, to a proof that such traits were derived from that source?  Must not some regard in fairness be paid to the ensemble of the question ?

We may, further, remember in this connection Vatke’s remark, that the wooden ark in Deuteronomy x. 1, is by no means very similar to that of Exodus xxv., which, to judge by the analogy of the golden table and altar, must rather have been called a golden ark.  It takes even more good will to regard the statement about Aaron’s death and burial in Mosera and the induction of Eleazar in his place (Deuteronomy x. 6, 7) as a reminiscence of Q (Numbers xx. 22 seq.), where Aaron dies and is buried on Mount Hor.  In JE also the priests Aaron and Eleazar stand by the side of Moses and Joshua (cf.  Joshua xxiv. 33).  The death and burial of Aaron are certainly no longer preserved in JE; but we cannot require of the editor of the Pentateuch that he should make a man die twice, once according to Q and once according to JE.  And it must further be said that Deuteronomy x. 6, 7 is an interpolation; for the following verses x. 8 seq., in which not only Aaron and Eleazar, but all the Levites are in possession of the priesthood, are the continuation of x. 5, and rest on Exodus xxxii.  Here we are still in Horeb, not in Mosera.

The historical thread which runs through Deuteronomy v. ix. x. may be traced further in chaps. i.-iv.  After their departure from Horeb the Israelites come straight to Kadesh Barnea, and from this point, being commanded to invade the hill-land of Judaea, they first send twelve spies to reconnoitre the country, guided thereto by their own prudence, but also with the approval of Moses.  Caleb is one of the spies, but not Joshua.  After penetrating as far as the brook Eshcol they return; and though they praise the goodness of the land, yet the people are so discouraged by their report, that they murmur and do not venture to advance.  Jehovah is angry at this, and orders