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Courts, Judicial

COURTS, JUDICIAL

joo-dish'-al, ju-dish'-al.

1. Their Organization:

At the advice of Jethro, Moses appointed judges (shopheTim, Exodus 18). In Egypt it appears that the Hebrews did not have their own judges, which, of course, was a source of many wrongs. Leaving Egypt, Moses took the judicial functions upon himself, but it was impossible that he should be equal to the task of administering justice to two and one-half million people; hence, he proceeded to organize a system of jurisprudence. He appointed judges over tens, fifties, hundreds, thousands--in all 78,600 judges. This system was adequate for the occasion, and these courts respectively corresponded practically to our Justices of the Peace, Mayor's Court, District Court, Circuit Court. Finally, there was a Supreme Court under Moses and his successors. These courts, though graded, did not afford an opportunity of appeal. The lower courts turned their difficult cases over to the next higher. If the case was simple, the judge over tens would take it, but if the question was too intricate for him, he would refer it to the next higher court, and so on until it finally reached Moses. There were certain kinds of questions which the tens, fifties, and hundreds would not take at all, and the people understood it and would bring them to the higher courts for original jurisdiction. When any court decided it, that was the end of that case, for it could not be appealed (Exodus 18:25,26). On taking possession in Palestine, the judges were to be appointed for every city and vicinity (Deuteronomy 16:18), thus giving to all Israel a speedy and cheap method of adjudication. Though not so prescribed by the constitution, the judges at length were generally chosen from among the Levites, as the learned class. The office was elective. Josephus states this plainly, and various passages of the Scriptures express it positively by inference (see Deuteronomy 1:13). Jephthah's election by vote of the people is clearly set forth (Judges 11:5-11).

2. Character of the Judges:

Among the Hebrews, the law was held very sacred; for God Himself had given it. Hence, those who administered the law were God's special representatives, and their person was held correspondingly sacred. These circumstances placed upon them the duty of administering justice without respect to persons (Deuteronomy 1:17; 16:18). They were to be guided by the inalienable rights granted to every citizen by the Hebrew constitution:

(1) No man was to be deprived of life, liberty or property without due process of law (Numbers 35:9-34).

(2) Two or three witnesses were required to convict anyone of crime (Deuteronomy 17:6; 19:2-13).

(3) Punishment for crime was not to be transferred or entailed (Deuteronomy 24:16).

(4) A man's home was inviolate (Deuteronomy 24:10,11).

(5) One held to bondage but having acquired liberty through his own effort should be protected (Deuteronomy 23:15,16).

(6) One's homestead was inalienable (Leviticus 25:23-28,34).

(7) Slavery could not be made perpetual without the person's own consent (Exodus 21:2-6).

3. Their Work:

Gradually a legal profession developed among the Hebrews, the members of which were designated as "Lawyers" or "Scribes" also known as "Doctors of the Law" (Luke 2:46). Their business was threefold:

(1) to study and interpret the law;

(2) to instruct the Hebrew youth in the law; and

(3) to decide questions of the law. The first two they did as scholars and teachers; the last either as judges or as advisers in some court, as, for instance, the Senate of Jerusalem or some inferior tribunal. No code can go into such details as to eliminate the necessity of subsequent legislation, and this usually, to a great extent, takes the form of judicial decisions founded on the code, rather than of separate enactment; and so it was among the Hebrews. The provisions of their code were for the most part quite general, thus affording large scope for casuistic interpretation. Regarding the points not explicitly covered by the written law, a substitute must be found either in the form of established custom or in the form of an inference drawn from the statute.

As a result of the industry with which this line of legal development was pursued during the centuries immediately preceding our era, Hebrew law became a most complicated science. For the disputed points, the judgments of the individual lawyers could not be taken as the standard; hence, the several disciples of the law must frequently meet for a discussion, and the opinion of the majority then prevailed. These were the meetings of the "Doctors." Whenever a case arose concerning which there had been no clear legal decision, the question was referred to the nearest lawyer; by him, to the nearest company of lawyers, perhaps the Sanhedrin, and the resultant decision was henceforth authority.

Before the destruction of Jerusalem technical knowledge of the law was not a condition of eligibility to the office of judge. Anyone who could command the confidence of his fellow-citizens might be elected, and many of the rural courts undoubtedly were conducted, as among us, by men of sterling quality, but limited knowledge. Such men would avail themselves of the legal advice of any "doctor" who might be within reach; and in the more dignified courts of a large municipality it was a standing custom to have a company of lawyers present to discuss and decide any new law points that might arise. Of course, frequently these men were themselves elected to the office of judge, so that practically the entire system of jurisprudence was in their hands.

4. Limitations under Roman Rule:

Though Judea at this time was a subject commonwealth, yet the Sanhedrin, which was the body of supreme legislative and judicial authority, exercised autonomous authority to such an extent that it not only administered civil cases in accordance with Jewish law--for without such a right a Jewish court would be impossible--but it also took part to a great extent in the punishment of crime. It exercised an independent police power, hence, could send out its own officers to make arrests (Matthew 26:47; Mark 14:43; Acts 4:3; 5:17,18). In cases that did not involve capital punishment, its judgments were final and untrammeled (Acts 4:2-23; 5:21-40). Only in capital punishment cases must the consent of the procurator be secured, which is not only clearly stated in John 18:31, but is also evident in the entire course of Christ's trial, as reported by the Synoptic Gospels. In granting or withholding his consent in such cases, the procurator could follow his pleasure absolutely, applying either the Jewish or Roman law, as his guide. In one class of cases the right to inflict capital punishment even on Roman citizens was granted the Sanhedrin, namely, when a non-Jewish person overstepped the bounds and entered the interior holy place of the temple. Even in this case the consent of the procurator must be secured, but it appears that the Roman rulers were inclined to let the law take its course against such wanton outrage of the Jews' feelings. Criminal cases not involving capital punishment need not be referred to the procurator.

5. Time and Place of Sessions:

The city in which the Sanhedrin met was Jerusalem. To determine the particular building, and the spot on which the building stood, is interesting to the archaeologist, not to the student of law. The local courts usually held their sessions on the second and fifth day (Monday and Thursday) of the week, but we do not know whether the same custom was observed by the Great Sanhedrin. On feast days no court was held, much less on the Sabbath. Since the death penalty was not to be pronounced until the day after the trial, such cases were avoided also on the day preceding a Sabbath or other sacred day. The emphasis placed on this observance may be seen from the edicts issued by Augustus, absolving the Jews from the duty of attending court on the Sabbath.

See DOCTOR; LAWYER; SANHEDRIN; SCRIBES.

Frank E. Hirsch


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Bibliography Information
Orr, James, M.A., D.D. General Editor. "Entry for 'COURTS, JUDICIAL'". "International Standard Bible Encyclopedia". 1915.