The books of the Apocrypha : $b their origin, teaching and contentsOesterley, W. O. E. (William Oscar Emil)
Religion
The books of the Apocrypha : $b their origin, teaching and contents
Oesterley, W. O. E. (William Oscar Emil)
Bible. Apocrypha -- Introductions
The purpose which the writer of this story had in view is reflected
in the quotation given above from the Mishna, Sanhedrin vi. 2, where
two points are specially emphasized, namely, that a criminal who has
been condemned is to have every chance of clearing himself, even
up to the very end; and that adequate witness must be forthcoming
before an accused man may be condemned. In fact the passage referred
to is one of several others which could be given implying that a
reform in the administration of justice had at one time taken place
among the Jewish authorities. Ball, following Brüll,[419] shows,
in the admirable introduction to his commentary on this book, that
this reform was instituted at the instance of Simon ben Shetach
who lived during the reigns of Alexander Jannæus (B.C. 103-76)
and Alexandra[420] (B.C. 76-67); it consisted, firstly, in the
institution of a proper examination of witnesses; in the Mishna,
Pirqe Aboth i. 9 it is said: “Simon ben Shetach used to say, Examine
the witnesses abundantly, and be cautious in thy words, lest they
learn from them to give false answers.” But Simon ben Shetach was
also, in the words of Ball, “the champion of another reform in
connection with the law of testimony. As the brother-in-law of king
Alexander Jannæus, he was able, after a long struggle, to secure the
triumph of his party, the Pharisees, in the Sanhedrin, and of their
principles in the administration of the Law, over their opponents,
the Sadducees.... According to Sadducæan principles, they who had
falsely accused a man of a capital crime were only put to death if
the sentence had already been executed on their victim. The legal
aphorism, ‘life for life,’ was construed literally. The Pharisees,
on the other hand, relying on Deuteronomy xix. 19,[421] considered
the _intention_ of the accusers as equivalent to actual murder.
According to them, the maxim ‘life for life’ came into application
as soon as, in consequence of the false depositions, sentence had
been pronounced, although not yet carried out. The law at the time
extraordinarily favoured informations. The witnesses, who were also
the accusers, were only examined about the main fact, so that their
falsehood could not easily become evident; and even if it did, they
got off without punishment, though the accused had actually been
executed. This crying evil the Pharisaic party sought to remedy by
the introduction of a more rigorous examination of witnesses, and by
making the law more severe against false witnesses.” The author’s
aim, therefore, in writing this book, was to show, by means of a
story, that the administration of justice was in some most important
particulars defective, and to put forth the Pharisaic suggested
reform as the proper remedy.
Public-domain text, read in full here on John Shaqi.
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