The Expositor's Bible: The Book of DeuteronomyHarper, Andrew
Religion
The Expositor's Bible: The Book of Deuteronomy
Harper, Andrew
Bible. Deuteronomy -- Commentaries
the other hand, if Budde and Cornill be right in tracing the chapter
back to JE, this habit of going on circuit must have been an ancient
one, possibly dating from Samuel's time. That this latter view is
the correct one is in a degree confirmed by the statement in viii.
2 that Samuel's sons were installed by him as judges in Israel, at
Beersheba. This belongs to E, and it would seem to indicate the
beginnings of such a system as Deuteronomy presupposes.
But it is only in the days of Jehoshaphat (873-849 B.C.) that an
arrangement like that in Deuteronomy is mentioned. From 2 Chron.
xix. 5 ff. we learn that "he set judges in the land throughout all
the fenced cities of Judah, city by city. Moreover in Jerusalem
did Jehoshaphat set of the Levites and of the priests, and of the
heads of the fathers' houses, for the judgment of Yahweh and for
controversies." Further, it is stated that Amariah the chief priest
was set over the judges in Jerusalem in all Yahweh's matters,
_i.e._ in all religious questions, and Zebadiah the son of Ishmael
the prince of the house of Judah in all the king's matters, _i.e._
in all secular affairs. Of course few advanced critics will admit
that the Books of Chronicles are reliable in such matters. But that
judgment is altogether too sweeping, and here we would seem to have
a well-authenticated record of what Jehoshaphat actually did.
For it will be observed, that when we take up the various notices
in regard to the administration of justice, we have a well-defined
progress from Moses to Jehoshaphat. Moses was chief judge and
committed ordinary cases to the tribal and family heads who were
chosen as military leaders, each judging his own detachment. After
passing the Jordan, the whole matter would seem to have fallen back
into the hands of the tribal heads, with the occasional help of the
heroes who delivered and judged Israel. At the end of this period
Samuel, as head of the State, went on circuit, and appointed his
sons judges in Beersheba, thus initiating a new system, which, had
it been successful, might have superseded the tribal and family
heads altogether. But it was a failure, and was not repeated. With
the rise of the kingship the courts received further organisation.
If the Chronicler can be trusted, Levites to the number of six
thousand were appointed to be judges and Shoterim. The number seems
excessive; but the appointment of Levites to act as assessors with
the tribal and other heads would be a natural expedient for a king
like David to have recourse to, if he desired to secure uniformity
of judgment, and to bring the courts under his personal influence.
The next step would naturally be that which is attributed to
Jehoshaphat, and it is precisely that which Deuteronomy points to as
being already at work in his time. We have, consequently, more than
the late authority of the Chronicler for Jehoshaphat's high court.
The probabilities of the case point so strongly to the rise of
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