commonly taken of them; but which, rightly understood, will ferve to explain fome other Things not eafily to be explained without them, as may further appear in its proper Place,

CHA P. V.

Particular Government of the feveral Tribes.

W

HEN the whole Body of the Hebrew Nation was thus fettled in Canaan, each Perfon having an equal Share in Land, and an unalienable Property in it; each Tribe was fettled the whole of it together, each Tribe was under its own proper and distinct Government, each had its Scepter or Staff of Command, and its Lawgiver, or Adminiftration of Juftice, according to Law in its own Hands: fo that each Tribe judged its own People, or, in the Words of Jacob to Dan, Dan fhall judge his People as one of the Tribes of Ifrael. From whence it is evident, xlix. 16. fays a learned and judicious* Author, "that

every Tribe had its own Prince and Judge, " and that every Prince or Head of a Tribe judged his own People; confequently every Tribe had a Scepter and a Lawgiver, as well as the Tribe of Judah. This "Power in the Heads of Tribes," the fame Author

Bp. Sherlock Differtation III. 304.

Exod.xix.

7.

Exod. iii. Author obferves," took Place immediately 16. "on the Death of Jacob; for all Applica"tions and Meffages are not to the People, "but to the Elders of Ifrael. The Com"mand of God fent to the House of Ja"cob, and the Children of Ifrael in Egypt, was deliver'd by Mofes to the Elders of the People; the People and their Rulers are diftinguished plainly. Aaron and all the "Rulers of the Congregation returned unto him, and Mofes talked with them; and afterwards all the Children of Ifrael came «nigh.

Ex.xxxiv.

31, 32.

"However the Government in the feve"ral Tribes of Ifrael was not monarchical, "but ariftocratical; and that no one Tribe "had Superiority over another, is plain, up"on the Death of Joshua: for then the PeoJudg. i. I. ple enquire of God, who fhould go up "for them against the Canaanites? A Quef"tion which would not have been afked, "had any one Tribe, or Ruler of one Tribe, "had the Right of leading and governing "the reft."

It is very plain, from the Hebrew Hiftory, that the provincial Government of the Tribes of Ifrael, was not monarchical. It rather feems by their Hiftory, a kind of mix'd Government, partly ariftocratical, and partly popular.

To give us a right Notion of the Hebrew Government, we should begin with this Form of the provincial Government of each Tribe

for

forafmuch as every Tribe had its own Scepter and was a diftinct Province, tho' one of the united Provinces of Ifrael. This will prepare us to understand afterwards more diftinctly their Union in their general Government, or the States-General of the united Tribes of Ifrael.

Numbers

We have often mention of Perfons in Authority in the Tribes, Princes of the Tribes of their Fathers, Heads of Thoufands in If-16. rael, the Princes of Ifrael; Heads of the Houfes of their Fathers, who were the Prin-vii. 2. ces of the Tribes, and were over them that were numbered.

Deut, xvi.

It was given as a standing Conftitution of the Hebrew Government, Judges and Officers halt thou make thee in all thy Gates, 18. which the Lord thy God giveth thee, throughout thy Tribes, and they shall judge the People with juft Judgment. And Mofes in his own Time, by the Advice of Jethro, chofe able Men out of all Ifrael, and made them Heads over the People, Rulers of Thousands, Rulers of Hundreds, Rulers of Fifties, and Rulers of Tens; and they judged the People at all Seafons. The hard Caufes they brought unto Mofes, but every Small Matter they judged them

Jelves.

Many have thought, thefe Jethronian * Prefectures, as they are ufually called, because they were conftituted by the Advice

*Sigonius de Repub. Heb. 1. vi. c. 6.

of.

of Jethro, were defigned to be à standing Conftitution, and continued in Use after the Settlement of the Tribes as a Model of their provincial Government. Others will have this Authority of the Captains "to last no "longer than during their Pilgrimage in the "Wilderness; for when they came into Canaan, the Law required Judges and Officers to be ordained in every City *"

"

>

However that be, whether the Jethronian Perfecture was a particular Constitution, while all Ifrael were together in one Camp, under the leading of Mofes, for his own greater Eafe, and the more fpeedy Adminiftration of Justice, which one Perfon was not able to administer alone to fo many People; or whether it was defign'd a Plan for provircial Judges and Officers after the Settlement of the People in the Holy Land, it is without Question, that the Law directed Judges and Officers, who with the Heads of Families and Princes of the Tribes, were to govern the Tribes of Ifrael, as Tribes or distinct Provinces.

To begin with the Government of each GovernCity, the Rabbinical Writers generally menment of the Cities. tion a Court of Justice in each City, confifting of three Judges, they fay, in the leffer Towns, and twenty-three in the greater Cities; but it is juftly obferved, there is no mention of any particular Number of Judges in Scripture: On the contrary, Jofephus

mentions

Patrick on Deut. xviii. 8. + Jofephus Ant. 1. iv. c. 8.

mentions seven Judges in each City, without any Diftinction between the greater and the leffer. It is very likely, the particular Number of Judges might be left to Difcretion, as no Number was fixed by Law, tho' the Courts themselves were appointed exprefly; they might therefore be more or fewer in Number, as the Administration of Justice should require. Thus, in the later Times of the Hebrew Government, the Number of three in leffer Towns, and of twenty-three in greater Cities, might become fixed by Custom and Length of Time.

By this general Provifion, however, Care was taken for a regular Administration of Juftice near at hand; to the great Convenience of every Perfon, who was neither to go far to feek it, or to wat long for it, or to be at any great Expence to obtain it: fince each City and Tribe had the Administration of Justice within themselves.

It was morcover no inconfiderable Advantage, to prevent the tedious Length and extraordinary Expence of Suits, that the Judgments of these Courts were appointed by the Law to be final in moft Cafes. In Cafes of greater Moment and Difficulty, or rather where the Court was doubtful and divided in Opinion, If there arife a Matter too hard Deut. for thee in Judgment, Jays the Law, being Matters of Controverfy within thy Gates; then halt thou arife and get the up unto the Place which the Lord thy God

F

fall

'xvii. 8, 9.