The Book of Judges

THE BOOK OF JUDGES, which the Church acknowledges as authentick and canonical, is by some ascribed to Phinehas, by others to Ezra, or Hezekiah; and by others to Samuel, or all the Judges, who wrote each the history of his time and judicature. But it appears to us to be the work of one single Author, who lived after the time of the Judges. A sensible proof of this opinion is this, that in the second chapter, Judg. i. 21.the tenth and following verses, he makes a short abridgement of the whole book, and gives a general Idea of it. There is something to be said for the opinion which attributes it to Samuel. 1. The Author lived at a time, when the Jebusites were still masters of Jerusalem, and consequently before David. 2. It appears that the Hebrew Commonwealth was then governed by Kings, since the Author observes in several places under the Judges, that then there was no King in Israel.

Notwithstanding there are some considerable difficulties urged against this opinion. For example, it is said in the Judges, chap. xviii. 30, 31. And the children of Dan made Jonathan and his Sons Priests in the Tribe of Dan, until the day of the captivity of the land. And they set them up Micah’s graven image, which he made, all the time that the house of God was in Shiloh. The Tabernacle or house of God was not at Shiloh till about the time of Samuel’s first appearance as a Prophet; for then it was brought from Shiloh and carried to the camp, where it was taken by the Philistines; and after this time it was sent back to Kirjath-jearim. As to the captivity of the Tribe of Dan, it can 1 Sam. iv. 4, 5, &c. 1 Sam. vi. 21, 22, &c.scarce, one would think, be understood of any other than that which happened under Tigleth-pileser many hundred years after Samuel. And consequently he could not write this Book; unless it be acknowledged, that this passage was since added; which is no way incredible, since there are other proofs, and other examples of the like additions made to the text of the sacred writings.

Deut. xvi. 18, and xvii. 8, 9. See likewise Ezek. xliv. 24. and Joseph. Antiq. l. x. c. ult.Ordinary JUDGES for civil and religious affairs. Moses ordained, that Judges and Magistrates should be appointed in every city, to terminate the differences of the people, and that when any affair of greater consequence should happen, they should remove to the place which the Lord should choose, in order to examine there the difficulty before the Priests of Aaron’s family, and before the Judge (or Prince of the people) at that time established by the Lord, and he requires all to acquiesce in their judgment upon pain of death. When Jehoshaphat King of Judah resolved upon reforming his dominions; he settled Judges in all the cities, to whom he recommended vigilance and Justice, as exercising the authority of God himself. He likewise set up two courts at Jerusalem, one consisting of Priests and Levites, and the other of the heads and families of Israel. The first had cognizance of the affairs which related to the Law, and the ceremonies of Religion; the second of the King’s matters; that is to say, of civil affairs, and the interests of private persons. Such was the polity of the Hebrews before the captivity, as far as we can judge from the sacred books.

But the Jewish Doctors give us a very different idea of these Judges. They maintain, that there was an assembly at Jerusalem consisting of seventy two Judges. This assembly they call the Sanhedrim, which is a word formed with some variation from the Greek Synedrion. They believe that this Council has always subsisted in their nation, ever since the establishment of it by Numb. xi. 16, 17.Moses, when he appointed seventy two elders, to whom God communicated his Spirit, in order to assist him in the government of the people. But we are of opinion, that this settlement continued no longer than the time of Joshua’s dividing the promised land, and that it was not restored till after the Maccabees. It was in being in our Saviour’s time, and lasted, probably, till the destruction of the Temple, but not always with equal authority: for after the banishment of Archelaus, the Romans, having reduced Judea into a province, assumed the right of life and death to themselves alone. See hereafter, Sanhedrim.

As to the inferior courts, we have the following account of what they were in our Saviour’s time from the Rabbins and interpreters. 1. There were three Judges in every city, who had the cognizance of lesser faults, such as theft, and the like. 2. There was another court composed of three and twenty Judges, who decided matters of importance and of a more criminal nature, and their sentences were such as generally affected the lives of persons, no causes being brought before them but such as deserved the penalty of death. 3. The great Sanhedrim was at Jerusalem, and had the cognizance of the most important affairs of state and religion, and of those which concerned the King and High Priest. Our Saviour is thought to have alluded to these two last Courts in the words following, Whosoever Matth. v. 21, 22.shall be angry with his brother without a cause shall be in danger of the Judgment; Ruth iv. 1.that is to say, of the three and twenty Judges. And whosoever shall say to his brother, Raca, shall be in danger of the Council; that is to say, of the great Sanhedrim. See our dissertation concerning the polity of the Hebrews, printed before the book of Numbers. The common place where the Judges assembled was the city gate. See above, Gate. The Sanhedrim met in one of the chambers of the Temple.

Mishna Tract. Sanhedrin. tom. 4.I shall here add some remarks taken from the Mishna, and the Commentators of it, relating to the different Judges which were in Palestine, and their jurisdiction. The Rabbins agree, that in every city, where there were reckoned to be at least an hundred persons, there was to be a court held, consisting of three Judges, before whom causes of lesser consequence were pleaded, concerning loss, gain, and restitution. These three Judges had a right only to condemn criminals to be whipt. This tribunal was consulted about the intercalation of months. The three Judges might confer imposition of hands, and receive doctors: they might install Judges, with these words: Thou Rabbi, such an one, hast been honoured with the power of judging and instituting penalties. But for the enjoyment of this privilege it was necessary that at least one of the three Judges had received ordination, that he might have power to give it unto others. The parties named their Judges: one of the parties chose his Judge; the other named a second, and these two Judges took a third, with whom they decided causes.

Josephus gives us a different idea of the polity of the Jews¹; he says that Moses ordained seven Judges of known virtue to be established in every city, or a body of senators composed of seven Judges, and to these seven Judges two ministers were added out of the tribe of Levi; so that according to this Author, there were in every city seven lay Judges, and two ministers of the order of Levites. Now Josephus certainly is more to be credited in matters of this nature than the Rabbins, because he is much more antient, and was better acquainted with things than the Jewish doctors. Josephus saw the commonwealth of the Hebrews in being, and in a flourishing condition: and the Rabbins came not till long after the destruction of the Temple, and the dispersion of the nation.

The second tribunal was composed of three and twenty Judges, who gave sentence in capital causes, and condemned men to death, and beasts that had wounded any man. I do not find this number of Judges appointed either in Moses or in the sacred Authors. Josephus speaks nothing of them: he says only, that if the seven Judges here mentioned found themselves not to be sufficiently qualified to decide any cause brought before them, they then refer’d it to the High-Priest in Joseph. loco citato.the holy city. It may not be improper to represent the manner wherein the Judges of this court were seated, because having some relation to that of the great Sanhedrim, this may be of use to give a more a Ἀρχέτωσαν δὲ καθ᾽ ἑκάστην πόλιν ἄνδρες ἑπτά——Ἑκάστῃ δὲ ἀρχῇ δύο ἄνδρες ὑπηρέται διδόσθωσαν ἐκ τῆς τῶν Λευϊτῶν φυλῆς. Jos. Antiq. l. iv. c. ult. p. 122. exact idea of it, and explain the opinions of the Jewish doctors.

The three and twenty Judges made a semi-circle, the President was seated in the midst, whom they called the Prince of the Senate; his merit and wisdom raised him to this dignity. The father of the Senate was seated at his right hand, and held the second rank; but this charge was imagined by the talmudist Doctors. Every one of the three and twenty Judges took his place at the right and left according to his rank: some say there were three secretaries, one for collecting the votes of those who absolved; the second to gather the votes of those who condemn’d; and the third received both the one and the other. The three orders of Disciples were placed on forms at the bottom of the Hall, every one according to his age and capacity. They brought thither the ablest men from all parts of Judea, removing them from other courts to this of Jerusalem composed of three and twenty Judges; they were placed at first in the lowest class, and the scholars rose afterwards by degrees to the quality of Judges. By this description it appears, that the Rabbins designed to give a high Idea of their magistracy and magistrates. Notwithstanding people seem not inclinable to prefer their authority to that of Josephus, who quite oversets all these ideas.

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