New Witnesses for God (Volume 2 of 3)Roberts, B. H. (Brigham Henry)
Religion
New Witnesses for God (Volume 2 of 3)
Roberts, B. H. (Brigham Henry)
Book of Mormon; Smith, Joseph, Jr., 1805-1844
It is difficult to determine with precision the entire character of the
constitution of the Nephite democracy. But from what is written in the
Book of Mormon this much may be learned: The chief judge, elected by
the people, was the supreme governor of the land, the chief executive.
[7] His oath of office bound him "to judge righteously, and to keep the
peace and the freedom of the people, and grant unto them the sacred
privileges to worship the Lord their God; to support and maintain
the laws of God all his days, and to bring the wicked to justice,
according to their crimes." A similar oath was doubtless administered
to the inferior judges. To a limited extent also legislative powers
were granted to the chief judge, but these powers appear to have been
limited to framing laws, which were not of force until ratified by the
voice of the people. No limit seems to have been set to the term of
office of the chief judge, but as the voice of the people placed him in
office, the same power could also dismiss him from it; and it may be
that the power of impeachment, vested in a certain number of inferior
judges--as explained later--extended to deposing even the chief judge.
In any event it may be concluded that he held his position only during
good behavior.
Just how the inferior judges were graded cannot be ascertained, but
that they were graded is evident, since Mosiah II, in explaining the
character of the constitution of the democracy he proposed to his
people, said: "And now if ye have judges, and they do not judge you
according to the law which has been given, ye can cause that they
may be judged of a higher judge. If your higher judges do not judge
righteous judgments, ye shall cause that a small number of your lower
judges should be gathered together, and they shall judge your higher
judges, according to the voice of the people." [8] A salutary provision
this, for it made all amenable to the law, but the manner in which
the judges were graded is unknown, as well as what number of inferior
judges were designated to try the superior judges.
Public-domain text, read in full here on John Shaqi.
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