Palestine, or, the Holy Land: From the Earliest Period to the Present TimeRussell, Michael
History
Palestine, or, the Holy Land: From the Earliest Period to the Present Time
Russell, Michael
Palestine -- Description and travel; Palestine -- History
Between the "judges" and the "officers" nominated by the Jewish lawgiver
there was no doubt a marked distinction; though from the remote antiquity
of the appointment and the obscure commentaries of the rabbinical writers
it has become extremely difficult to define the limits of their respective
functions. Maimonides asserts, that in every city where the number of
householders amounted to a hundred and twenty there was a court consisting
of twenty-three judges, who were empowered to determine in almost all
cases both civil and criminal. This is unquestionably the same institution
which is mentioned by Josephus in the fourth book of his Antiquities,
and described by him as being composed of seven judges and fourteen
subordinate officers, or assistants, selected from among the Levites;
for these, with the president and his deputy, make up the sum of
twenty-three specified by the Jewish writers. In smaller towns, the
administration of law was intrusted to three judges, whose authority
extended to the determination of all questions respecting debt, theft,
rights of inheritance, restitution, and compensation. Though they could
not inflict capital punishments, they had power to visit minor offences
with scourging and fines, according to the nature of the delinquency and
the amount of the injury sustained.[24]
Of the former of these judicial establishments, there were two fixed at
Jerusalem even during the period that the Sanhedrim of Seventy was
invested with the supreme authority over the lives and fortunes of their
countrymen, one of which sat in the gate of Shusan, and the other in that
of Nicanor. The place where these judges held their audience was, as
Cardinal Fleury remarks, the gate of the city; for as the Israelites were
all husbandmen who went out in the morning to their work, and did not
return till the evening, the gate of the city was the place where the most
frequently met; and we must not be astonished to find that the people
laboured in the fields and dwelt in the towns. These were not cities like
our provincial capitals, which can hardly subsist on what is supplied to
them by twenty or thirty leagues of the surrounding soil. They were the
habitations for as many labourers as were necessary to cultivate the
nearest fields; hence, as the country was very populous, the towns were
very thickly scattered. For a similar reason among the Greeks and Romans,
the scene of meeting for all matters of business was the market-place, or
forum, because they were all merchants.[25] Among the Jews, the judges
took their seats immediately after morning prayers, and continued till the
end of the sixth hour, or twelve o'clock; and their authority, though not
in capital cases, continued to be respected by the Israelites long after
Jerusalem was levelled with the ground.[26]
Public-domain text, read in full here on John Shaqi.
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