the Magiftrates of Gibeah, in punishing them according to Law; but fure it could be no Juftification for a riotous Mob to break open Houses, to make an Attempt of Sodomy, and to commit Adultery, Rape and Murder. Is it not wonderful Morality, to excufe as far as poffible, fuch unheard-of Wickedness, and endeavour, by moft uncharitable Infinuations, without the leaft Foundation of Proof, to caft all the Blame upon a poor Levite and his Wife? For fo fhe was, how free foever our moral Philofopher makes with her Character, to call her fo often an Whore. Concubines, with the Hebrews, were lawful Wives, and differed from other Wives only in Dower or Jointure. "Certain it is," as Bishop Patrick obferves, " fuch Persons were really Wives; and it was Adultery in any "other Perfon that lay with them, but they "who had married them." It has been obferved to this Purpose by the most eminent and skilful Author, in the Understanding and Knowledge of the Hebrew Customs and Laws, "That no private Perfon could "have a Concubine, but on two Conditions, "that she was an Hebrew, and that he mar"ried her*" In this Cafe, the Hiftory itself plainly makes our Levite's Concubine his Wife; for he is expressly S 3 * Homo privatus autem primo non poteft Concubinam fumere, nifi fit ancilla Hebræi, & deinde femper Defponfationem adhibere debet. Maim. Halac. Melac. c. 4. Othe Lex Rabbin, V. Concubinæ. 3, 4. So Judg. xx. exprefsly called her Husband, and her Father is as exprefsly called his Father-in-Law. that he was his Wife properly and in the ftricteft Senfe, according to Law. 2. But it is not faid in the History itself, his Concubine played the Whore against him. It is fo faid indeed in our Tranflation. It had been decent in a Moral Philofopher however, to have feen how far the Tranflation of an Hebrew Word may be depended upon, before he made it the fole Foundation of fo heavy a Charge, "That it was plain from "the Story itfelf, that the Woman before "her Elopement had been a common "Whore*" Now any one, without any great Knowledge of the Hebrew Language, might have known at least, that it is not plain from the Story itself: for Bishop Patrick, whom every English Reader who pleases, may confult, obferves, "There are thofe, who by "the Word Tifneb, which we tranflate played "the Whore, will have no more meant, but "that he was froward, and contumaciously "difobedient; fo that fhe could not endure "his Company, but forfook him." So that according to thefe, our Tranflators fhould not have render'd it she played the Whore against him; but that she eloped from him, out of ill Humour: And the Perfons who are of this Opinion, are the most eminent for their Knowledge of the Hebrew Language and History, * Moral Philof. I. 275. the the Chaldee Paraphraft, the LXX or ancient Greek Tranflation, the eminent Hebrew Hiftorian Jofephus, and the vulgar Latin. But enough of a Circumftance, which would be of little Confequence to the Merits of the Caufe, if it was as certain and evident, as it is uncertain and groundless. Let us come to what is more material. As far as it appears in the History, there was no Mif-behaviour, either in the Levite, or his Wife; it is therefore unrighteous to charge them with any on mere Sufpicion, without any Proof. But many of the most abominable Crimes are exprefsly charged on the Inhabitants of Gibeah, their Attempt on Strangers and Travellers was an high Violation of the Laws of Hofpitality and Humanity, and a riotous Breach of the Peace. It was moreover a Breach and Violation of the common Rights of all the Tribes, to a fafe Paffage through the whole Country. It was not only an Injury to private Perfons, but to the Tribes of Judah and Ephraim, to which the Levite and his Wife belonged; and fo to all the Tribes, as it might be the Cafe of any of them. of them. It quite mistakes the Cafe, or mifrepresents it, to make it only the Concern of a private Levite; for Levite, or no Levite, the Injury was the fame. Any Man of Judah, Ephraim, or any other Tribe, could have no Security of travelling fafely any where, if fuch open Violence was tamely fuffered to go unpunished. It is true, neither S 4 Judab Judah nor Ephraim could call the Inhabitants of Gibeah to an account by the Conftitution, as the Tribes were independent of each other, and no one Tribe had Jurifdiction over another; but for that very Reason this was a Caufe properly cognizable by the States General of Ifrael, and that feems the true Reason why the Congregation of all I/rael was affembled to enquire into it. The Crimes themselves committed by the Inhabitants of Gibeah were very great, and made capital by the Hebrew Laws. The Laws were in particular careful to prevent Murders, and to engage all Perfous to affift in the Dif covery and Punishment of them, that it was in particular provided, that if any Perfon was Deut. xxi. found flain in a Field, and it be not known who hath flain him; then the Elders and Judges fhall come forth and measure unto the Cities, which are round about the Slain. This Care was required of the Elders and Judges of the Tribe, that the Elders of the City that is next the flain Man fhould bring an Heifer and frike off his Neck, and folemnly purge themselves of having any hand in the Murder, or any Knowledge of it. 3,4,6,7,8. And all the Elders of that City that are I, 2. next unto the flain Man fhall wash their Hands over the Heifer, that is beheaded in the Valley; and fhall answer and fay, our Hands have not hed this Blood, neither have our Eyes feen it, be merciful, O Lord, unto thy People Ifrael, whom thou' baft haft redeemed, and lay not innocent Blood unto thy People of Ifrael's Charge; and the Blood fhall be forgiven them. That is, to ufe the Words of Bishop Patrick, "The "Guilt shall be removed from them, which "in in fome fort would have lain upon them, "if they had taken no notice of a Murder "committed fo near to their City; nor "made Inquifition after it, and expreffed "their Abhorrence of it." The Laws, you fee, made Provifion to purge a near City, and in a folemn manner by their Magiftrates, of any Knowledge of a Murder, in which they had no hand, and to which they were no ways privy, to preferve an Abhorrence of Murder, and a Care to prevent or detect it. Now in this Cafe, there was a moft barbarous Murder committed in the midst of a City, aggravated with many enormous Circumftances, which the Magiftrates took no Care to prevent, nor did they make any Inquifition after it to punish it. And the Magiftrates of the Province or Tribe actuallyjoined themselves with the Magiftrates of the City, in refusing to have it examined before the Senate and People, the national Court of Ifrael; and actually levied War, and appeared in Arms, to oppofe the publick Juftice of the Hebrew Nation in full Parliament affembled. It is this View of the Cafe, which fhews it in its true Light. All the Judges xx. Children of Ifrael were gathered together, and1, 2. the Chief of all the People, even of all the |