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; Deuteronomy 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; Deuteronomy 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; Acts 5:17, 18). In cases that did not involve capital punishment, its judgments were final and untrammeled (Acts 4:2-23; Acts 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.

SeeDOCTOR; LAWYER; SANHEDRIN; SCRIBES.

Frank E. Hirsch

JUDICIAL COURTS

See COURTS, JUDICIAL.

4892. sunedrion -- a sitting together, hence a council, spec. the ...
... 4892 () is also used of the smaller councils ("lower courts") throughout
Israel which consisted of 23 members (cf. Mt 5:21,22). ...
//strongsnumbers.com/greek2/4892.htm - 8k

2922. kriterion -- a law court
... controversy. Word Origin from krites Definition a law court NASB Word Usage
court (1), law courts (2). a law court, tribunal. Neuter ...
//strongsnumbers.com/greek2/2922.htm - 6k

2411. hieron -- temple.
... hieron Phonetic Spelling: (hee-er-on') Short Definition: a temple Definition: a
temple, either the whole building, or specifically the outer courts, open to ...
//strongsnumbers.com/greek2/2411.htm - 6k

60. agoraios -- pertaining to the marketplace, an agitator
... Word Origin from agora Definition pertaining to the marketplace, an agitator
NASB Word Usage courts (1), market place (1). the marketplace. ...
//strongsnumbers.com/greek2/60.htm - 6k

2691a. chatser -- enclosure, court
... Word Origin from an unused word Definition enclosure, court NASB Word Usage court
(112), court there were courts (1), court* (1), courts (24), courtyard (2). ...
/hebrew/2691a.htm - 5k

8179. shaar -- a gate
... Word Origin from an unused word Definition a gate NASB Word Usage cities (2), city
(2), court (2), courts (1), each gate (1), every gate (1), every gate (1 ...
/hebrew/8179.htm - 6k

4264. machaneh -- an encampment, camp
... or troops); hence, an army, whether literal (of soldiers) or figurative (of dancers,
angels, cattle, locusts, stars; or even the sacred courts) -- army, band ...
/hebrew/4264.htm - 6k

The Courts of God
... HYMNS THE COURTS OF GOD. ... Of the house Thou hast chosen for Thee,. The courts where
Thy gladness rejoiceth,. And where Thou delightest to be. ...
/.../bevan/hymns of ter steegen and others second series/the courts of god.htm

Longing for the Courts of the Lord's House. --Ps. Xlii.
... ORIGINAL HYMNS HYMN XCVI. Longing for the Courts of the Lord's House."Ps. xlii. ... James
Montgomery. Longing for the Courts of the Lord's House."Psalm 42.p>. ...
/.../montgomery/sacred poems and hymns/hymn xcvi longing for the.htm

The King's Courts
... X. The King's Courts. (Mark 6. "The number of thine own complete, Sum up and make
an end; Sift clean the chaff, and house the wheat; And then, O Lord, descend. ...
//christianbookshelf.org/meyer/john the baptist/x the kings courts.htm

The Courts of the Lord's House.
... ORIGINAL HYMNS HYMN CV. The Courts of the Lord's House. 6.6.6.6.8.8 James Montgomery.
The Courts of the Lord's House. How amiable, how fair. ...
/.../montgomery/sacred poems and hymns/hymn cv the courts of.htm

Pleasant are Thy Courts Above
... The Treasury of Sacred Song. Book First CCCXI Pleasant are Thy courts above.
In the land of light and love; Pleasant are Thy courts below. ...
/.../palgrave/the treasury of sacred song/cccxi pleasant are thy courts.htm

The Church Militant 467. Pleasant are Thy Courts Above
... V. THE CHURCH The Church Militant 467. Pleasant are thy courts above. Eight 7's
[1792]Maidstone: ... Psalm 84. Henry F. Lyte, 1834. Pleasant are thy courts above,. ...
/.../the church militant 467 pleasant.htm

A Law Granting Release from Exile, from Service in the Courts, and ...
... Book II. Chapter XXX."A Law granting Release from Exile, from Service in
the Courts, and from the Confiscation of Property. "Let ...
/.../pamphilius/the life of constantine/chapter xxx a law granting release.htm

A Day in the Lord's Courts.
... ORIGINAL HYMNS HYMN CXV. A Day in the Lord's Courts. 7.7.7.7 James Montgomery.
A Day in the Lord's Courts. To Thy Temple I repair,. ...
/...//christianbookshelf.org/montgomery/sacred poems and hymns/hymn cxv a day in.htm

"Enter into his Gates with Thanksgiving, and into his Courts with ...
... 965. " "Enter into his gates with thanksgiving, and into his courts with praise.". ...
"Enter into his gates with thanksgiving, and into his courts with praise.". ...
/.../adams/hymns for christian devotion/965 enter into his.htm

Herod by Caesars Direction Accuses his Sons at Eurytus. They are ...
... They Are Not Produced Before The Courts But Yet Are Condemned; And In A
Little Time They Are Sent To Sebaste, And Strangled There. ...
/.../chapter 27 herod by caesars.htm

Courts (59 Occurrences)
... Int. Standard Bible Encyclopedia COURTS, JUDICIAL. joo-dish'-al, ju-dish'-al. ... These
courts, though graded, did not afford an opportunity of appeal. ...
/c/courts.htm - 33k

Courtyards (4 Occurrences)
... Exodus 8:13 And the LORD did according to the word of Moses; and the frogs died
out of the houses, out of the courts, and out of the fields. (See RSV NIV). ...
/c/courtyards.htm - 7k

Middle (169 Occurrences)
... 2. Herod's Temple; Its Divisions; the Courts: In building the temple Herod the
Great had enclosed a large area to form the various courts. ...
/m/middle.htm - 45k

Partition (4 Occurrences)
... 2. Herod's Temple; Its Divisions; the Courts: In building the temple Herod the
Great had enclosed a large area to form the various courts. ...
/p/partition.htm - 14k

Wall (227 Occurrences)
... 2. Herod's Temple; Its Divisions; the Courts: In building the temple Herod the
Great had enclosed a large area to form the various courts. ...
/w/wall.htm - 49k

Sanctuary (250 Occurrences)
... hieron, the temple-house; not the naos, which is the temple area, with its courts
and porches), Leviticus 4:6; Ephesians 2:21, RV, marg.; (5) God's holy ...
/s/sanctuary.htm - 63k

Judge (297 Occurrences)
... 1. (n.) A public officer who is invested with authority to hear and determine litigated
causes, and to administer justice between parties in courts held for ...
/j/judge.htm - 46k

Judicial (2 Occurrences)
... 1. (a.) Pertaining or appropriate to courts of justice, or to a judge; practiced
or conformed to in the administration of justice; sanctioned or ordered by a ...
/j/judicial.htm - 25k

Court (172 Occurrences)
... 4. Ezekiel's Temple: In Ezekiel's plan of the temple yet to be built, the lines
of the temple courts as he had known them in Jerusalem are followed. ...
/c/court.htm - 47k

Jehoshaphat (79 Occurrences)
... He appointed judges to preside over courts of common pleas, which he
established in all the fortified cities of Judah. In addition ...
/j/jehoshaphat.htm - 51k

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