Imatges de pàgina
PDF
EPUB

Courts of judica

ture.

Laws and cuftoms relating to judges, and courts of judicature.

E need not fpeak hare of those judges, emphatically fo called, who governed Ifrael from Joshua to Saul: thefe,being appointed, from time to time, by GoD himself, we find, were intirely governed by his laws, and, in doubtful cafes, by his Spirit, with which they were endowed : they had the fupreme authority, during their life, and differed in nothing from kings but in title, pomp, and grandeur, and their dignity not being hereditary in all other cafes their power was the fame. They could make peace and war, fummon the tribes to arms, confult GOD by urim, and the like. It is faid, that they judged Ifrael, that the people repaired to them for judgment, and that they took yearly circuits through the land to adminifter ju

They add, that he alone was
allowed to fit in the court of
the temple, even in the most
facred part of it, namely,
that of the priests, provided
he was of the lineage of Da-
vid; whereas their fenators
were only allowed to fit in that
which belonged to the people
(15). The magnificence of
their drefs did not a little con-
tribute to raise an awe in their
fubjects. It is true, that there
is nothing prescribed concern-
ing it, either in the Mofaic
law, or any other inspired
writer, and that we have no
clear defcription of it in the
facred books; but it is plain,
from Jehoshaphat's going to
fight against the Syrians in his
royal robes, whilft Ahab changed
his own for a common drefs
(16), that there was a manifeft
difference between them, if

(15) Maimon balak beth babkir. 7. viii. c. 2.

not in shape, at least in beauty and coftlinefs, fuch as jewels about their crown, the purple mantle, and the like. Jofephus tells us (17), that Solomon did ufually go clad in white; but this was a colour common both to the priests and nobles: fo that the difference must be in the richness, whether of the linen or filk of which they were made. However, as they were not tied, by the law, to any drefs, we need not doubt but they followed the fashions of other countries, and were more fumptuously clad upon fome particular occafions (18). The pfalmift has likewise given us a beautiful description of the drefs of queens (19), which was ftill richer than that of kings; but we shall not here inlarge upon it.

(16) 1 Kings xxii. go.

(17) Ant. (18) Vid. 1 Sam. xxviii. 8. 1 Kings xxii. 10.30. Jofeph. ant, l. vi, c. 10, & àlib, Rafc, & al. (19) Pfal. xlv.

fticef; but whether this was done by way of appeal from the judgment of inferior courts, as the dernier resort, or by way of confulting them in doubtful cafes, is not eafy to determine (R).

BUT, befides thefe, Mofes, and, after him, those who were at the head of the Ifraelitifh commonwealth, were commanded to appoint a number of judges and magiftrates in all cities, to adminifter juftice to the people in every tribe. These were to be men of wisdom and probity, well versed in the law of Mofes, free from covetousness and partiality, fuch as would protect the innocent, the fatherlefs and widow, the helpless and ftranger, and punish the guilty and wrong-doer 8. We find, likewise, several denunciations against those who should fuffer themfelves to be bribed to act contrary to the ftrict laws of juftice; but as they were appointed by the kings, fo did their virtue rife and fall, according to the goodness or wickedness of these. We may fay more: Samuel was himself a most upright judge; and yet his two fons, who acted under him, proved moft unrighteous. David was likewife a pious monarch; and yet, had there not crept a great

f Vid. Judges iv. 5. 1 Sam. iii. 20. iv. 1. vii. 15, & feq. & alib. 8 Exod. xxiii. 8, & feq. Deut. xvi. 18, & feq. xvii. 2, & feq. xix. paff. xxiv. 16, & feq. xxv. 1, & feq. & alib. pass, Ezek. xliv. 24. præc. affirm. 97. 100.

(R) The latter, however, feems most probable, from the command of Mofes, that In all doubtful cafes, whether criminal or civil, wherein the inferior judges could not eafily determine, they fhould apply themfelves to the priests, and to the judge or head of the people then in being, to whofe judgment they should fubmit,under pain of death (59). The Jews, indeed, pretend, that this application was to be made to the great council, or fanhedrin(60), which they pretend to have fubfifted ever fince the time of Mofes. But we shall fhew in

(59) Deut. xvii. 8, & feq.

the fequel, that the council, which Mofes appointed, lafted only during the lives of those elders; and that this sanhedrin was a new institution,of a much later date. So that, in all doubtful and difputed cafes, no perfons could be more proper to be applied to, than these judges, who were indued both with the spirit of God, and the fupreme authority; fince even this latter was thought fufficient afterwards,in the time of their kings; as appears, from very many inftances, especially thofe quoted in the margin (61).

(60) Præc. affirm. 3. xiv. paff. 1 Kings iii. 16, & feq. 2 Kings viii. 3,☎ alib. pass.

I

(61) 2 Sam.

deal

deal of corruption into the courts of judicature, his fon Abfalom could have had no pretence for wifhing that he had been a judge, that he might do juftice to every one that applied to him h.

THESE Courts were held at the gates of the cities, and became, in time, very confiderable; but how they were kept, or how many judges belonged to each, whether their power was equal, or fome fubordinate to others, cannot be gathered from Scripture (S). In the flourishing reigns of David and Solomon they increased very much; and, in process of time, became fo corrupted, that the prophets were obliged, from time to time, to exclaim against them. One of them, having been fent to Jehoshaphat, to denounce God's heavy judgment against Ifrael for those abufes, wrought fo upon that good king, that he immediately fet about making a thorough reformation, appointing new judges in every walled city, fome of whom were of the tribe of Levi, and charging them, in the moft preffing terms, to be more watchful and upright than their predeceffors he likewife appointed two tribunals for the city of Jerufalem, the one confifting, chiefly, of priests and Levites, for matters of religion; and the other, which was moftly made up of the heads of families, for matters of ftate. In this condition they are supposed to have continued till the captivity, 'bating that, as the princes became more and more wicked, fo did the judges under them, till GOD was provoked to drive them out of the land. This is all we can fay, upon that article, with any tolerable cer

[blocks in formation]

tainty (T); and thus much we know concerning those tribunals, that they took cognizance of all civil and criminal cafes,

(T) As for what Jofephus and the Talmudifts add concerning magiftrates, and their courts, as their accounts differ from one another, and as we are not fure, but even the former doth rather defcribe them as they were after, than before the captivity; we fhall chufe to fubjoin them, in as few words

as we can.

Befides the grand council of feventy, mentioned above, to which, they pretend, all other tribunals, throughout the land, were fubordinate; the Talmudifts tell us, there were two other courts, one confifting of three, and the other of threeand-twenty judges; and thefe, they fay, were to be in every city and town that had 120 inhabitants, according to fome; or families, according to others. The first of thefe courts were only chofen pro re nata, one by each party, and the third by the other two: their cognizance extended no farther than to small matters, fuch as fervants wages, petty larcenies, reftitution, and the like: neither could they inflict a heavier punishment than whipping. That of twenty-three was allowed to judge of all capital caufes, and to condemn criminals to death and if there arofe any difference in their judgment, it was carried by the majority; for which reafon, they fay, their number was to be odd: but in cafes of moment, and of a dubious nature, the high-priest was to be confulted.

If a man was condemned to death, he was to be immediately led to execution: a crier was to go before him, and proclaim the crime he was to die for; to the end that, if any person knew any thing that could clear him of it, he might be brought back to the judges, and have a fecond, and, if occafion offered, a third hearing. The fame indulgence was to be allowed him if he complained of being unjuftly condemned,whilft he went to the place of execution; in which cafe, he was to chufe two wife men to plead for him, and, if poffible, to obtain a reverfion of the fentence: but if in neither cafe he could prove himself innocent, he was then to be forthwith executed by the witneffes: for it is here to be obferved, that, if the crime was fuch as deserved hanging, the criminal was first to be stoned to death, and then hanged. But, before execution, he was to be exhorted to confess his crime, and to pray that his death might atone both for it, and for all his other fins; which if he did, they gave him then a dose of wine mixed with myrrh, or frankincenfe, to ftupefy him; after which, he was put to death. If he was to be hanged after it, as in cafes of idolatry, blafphemy, and the like, they ftayed till about an hour before funfet, and then tied his hands behind him, and hoisted him up till just before funfet, at which time he was taken down, and both the halter and the gallows,

or

cafes, even where the offence was of a religious nature ; fuch as idolatry, blafphemy, witchcraft, facrilege, and the like:

or tree, were buried with him (65). They except, however, out of the cognizance of these courts of twenty-three, all cafes, whether criminal or civil, which related to the highprieft, to a whole tribe, and to falfe prophets; which, they pretend, were only to be tried by the grand council (66). To this a learned author thinks that expostulation of Chrift to allude (67), O Jerufalem! thou that killeft the prophets(68). We own, indeed, this to have been the cafe of the fanhedrin, in our Saviour's time, and even fome time before, but not be fore the captivity; but how,or by what court or judges, these extraordinary cafes were to be tried, is impoffible to fay; unlefs we fuppofe,that it was done by a general affembly of the whole nation, or, at least, of the heads of them; as we find it in feveral inftances (69).

We fhall, however, conclude this note with an account of the form of the court of the twenty-three judges, according to the Jewish doctors; because it had a near resemblance, not only to that of the fanhedrin, but, alfo, to those of other polite nations. They fat in the form of an halfmoon; in the centre of it was the prefident, whom they call NW), nassi, or prince; having the

N,

ab beth din, or father of the Senate, at his right-hand the reft fat on each fide, according to their feniority, or merit. At each end was a clerk, or fecretary, who took the depofitions in writing; fome add a third, whose office was, to gather the votes of the court: at the feet of the judges fat their disciples, in three rows, or forms, whose business was, to observe every thing that was faid or done; and these were chofen to fucceed those on the bench, either at their death, or when they became unqualified by old age, or any other impediment. The accufed perfon was placed upon an eminent place in the court, that he might be easily seen by all; and the witneffes flood fronting him; these were to be diligently examined, and their character inquired into; and, if any flaw was found in it, they were fet afide: but if any was found to have given falfe evidence, the talion law was his portion (70); that is, he was condemned to the fame punishment as his evidence would have brought upon the innocent. The 10, foterim, that is, the officers, or executioners, were also to attend the court conftantly, with rods, and leathern fcourges, in their hands, to execute the fentence of the judges: the accused person was

(65) Vid. præc. aff. 97, 98, & feq. ad 111. (66) Vid. Mifpnak, tract. 10, c. I. (67) Cun. rep. Heb. l.i. c. 12. (68) Luke xiii. 34. (69) Vid. Job. xxii. 11,& feq. Judg. xx. 1,& feq. xxi. pa. Vid. & Min. ubi fup. Maimen in loc. & alıb. Mof. Kotz, Selden de fynedr. Goodwin's Mof. & Aar. l. v. c. 3, & feq. Lamy, Čalm. differt. fur la polise des Hebreux, & al. (70) Deut. xix. 18, 19. likewife

« AnteriorContinua »