J U D 



J U D 



140, 141.) ! ^"'1 layi'ig the chancellor, treafurer, or the 6. They did not life the enfigns of fovereignty, the fceptre 



king's jiiftices of cither bench, juftices in eyre, or juftices of or diadem. 7. They had no authority to make any laws, 



aflizc, and all other jullices afligned to hear and determine, but were only to take care of the obfervance of the laws of 



being in their places doing their offices, is a fpecies of trea- Mofes. 



ion by 25 Edw. III. c. 2. However, the barons of the Godwin, in his " Mofes and Aaron," compares them to 



exchequer, as fuch, are not within the proteftion of this the Roman diftators, who were appointed only on extra- 



acl. (l Hal. P. C. 231.) Judges, who become folicitors ordinary emergencies, as in cafe of war abroad, or confpi- 



in a caufe which they are to judge, and privately and extra- racies at home ; and whofe power, while they continued in 



judicially tamper with witnefies, or labour jurors, may be office, was great, and even abfolute. Thus the Hebrew 



dealt with according to the fame capacity to which they judges feem to have been appointed only in cafes of national 



bafely degrade themielves. Bribery in judges is punidiable trouble and danger. This was the cafe particularly with 



by lofs of ofSce, fine, and imprifonment ; and by the com- refpeft to Othniel, Ehud, and Gideon. The power of 



the judges, while in office, was very great ; nor does it ft 

 to have been limited to a certain time, hke that of the Ro- 

 man dictators, which continued for half a year : neverthelefs 



for this offence he (hall be fined and imprifoned, and it is reafonable to fuppofe, that when they had performed 



office. If a judge, who liath no jurifdiclion of the 



mon law, bribery of judges in relation to a caufe dependmg 

 before them, has been puniflied as treafon. If a judge ig- 

 noranlly condemns a man to death for felony, when it is not 

 felcn' - ■ - 



caufe, give judgment of death and award execution, which 



is executed, fuch judge is guilty of felony ; and alfo the 



officer who executes the fentence. And if juilices of the 



peace, on indictments of trefpafs, arraign a man of felony, 

 and judge him to death, and he is executed, it is felony in 

 them. A judge ought 

 in pleas where he is party 



the bufinefs for which they were appointed, they retired to 

 a private life. This Godwin infers from Gideon's refufing 



ke upon him the perpetual government of Ifrael, 

 being inconfiftent with the theocracy. 



Befides thefe fuperior judges, every city in the Hebrew 



commonwealth had its elders, who formed a court of judi- 



to judge in his own caufe, nor caturc, with a power of determining lefier matters in their 



reipeclive diftricts. The rabbies fay, there were three fuch 



it was formerly e'nadled, flat. 3 5 Hen. VIII. c. 24. that elders or judges in each lefler city, and twenty-three in 



rone fliould be jullices of afllzes" within the county where greater. But Jofephus, whofe authority has greater 



they were born, or do inhabit : but this is repealed by a late weight, fpeaks of feven judges in each, without any fuch 



ftatute, 12 Geo. II. c. 27. diftimftion of greater and lefs. Sigonius {De Republ. Heb. 



It was formerly held, that by a judice's acceptance of 1. vi. c. 6.) fuppofes that thefe elders and jud;^es of cities 



any new name of dignity, his commiffion was determined ; were the original conftitutioH fettled in the wildernefs by 



but this was remedied by ftatute i Edw. VI. c. 7. But it Mofes, upon the advice given him by Jethro (Exod xxviii. 



has been doubted, whether the dignity of baronet, created 21, 22.); and continued by divine appointment after the 



fince that ilatute, is within the equity of it. fettlcment in the land of Canaan : whereas, others imagine 



Jldges of Bell. See Heli. and T.^ktarus. that the Jethronian prefectures were a peculiar conftitution. 



Judge, It'meranl. See Itinerant. fnited to their condition while encamped in the wilderncfs. 



Judge Martial, or Advocate General, the fuprcme judge but laid afide after they came into Canaan. It is certain, 



in martial law as to the jurifdiction and powers of military however, that there was a court of judges and officers, ap- 



courts. It is incumbent upon this perfon, as well as upon pointed in every city, by the law of Mofes. (Deut xvi. 



his deputies, to be well acquainted with the laws of the land 

 that they may admonifti the court or prefident when th ' 

 proceedings are tending to infringe the civil law. He 

 regifter of courts-martial, and fhould take dov/n the e 

 dence in the very words of the witnefs. He is neither 

 judge nor a juror as to the charge. 



18.) How far, and in what refpeAs, thefe judges differed 

 from the elders of the city, it is not eafy to afcertain ; and 

 whether they were the fame or different pcrfons. Perhaps 

 the title elders may denote their feniority and dignity ; and 

 that of judges, the office they fuflained. The lower courts 

 of juftice, in their feveral cities, were held in their gates. 



Judge, iii Scripture, is applied to certain eminent perfons (Deut. xvi. 16.) See Gate. Each tribe had its refpec- 



chofen by God himfelf to govern the Jews, from, the time tive prince, whofe office related chiefly, if not altogether, to 



of Jofhua till the eitablilliment of the kings. For the nature military affairs. We read alfo of the princes of the congre- . 



and duration of their office, and the powers with which they gation, who prefided in judiciary matters. Thefe are called 



were invefled, fee Jews. elders, and were feventy in number. (Numb. xi. 16, 17. 



The judges were not ordinary magiflrates, but were ap- 24, 25.) But it does not appear whether or not this con- 

 pointed "by God on extraordinary occafions, as to head the fiilory of feventy elders was a perpetual, or only a tempo- 

 armies, to deliver the people from their enemies, &c.— rary inftitution. Some have fuppofed that it was the fame 

 Sali^.n has obferved that they not only prefided in courts of that afterwards became famous under the appellation of 

 juftice, but were alfo at the head of the councils, the armies. Sanhedrim ; but others conceive the inftitution of the feventy 

 and of every thing that concerned the government of the elders to have been only temporary, for the affiftance of 

 ftate ; though they never aflumed the title either of princes, Mofes in the government, before the fettlement in the laiid 

 governors, or the like. of Canaau ; and that the Sanhedrim was firit fet up in the 



Salian remarks feven points wherein they differed from time of the Maccabees. See Sakiiedui.m. 

 kings. I. They were not hereditary. 2. They had no Judge, in Mining, is applied, in the coal-pits of Not- 



abfolute power of life and death, but only according to the tinghamflilre and Derbyfliire, to a piece of board cut to a 



laws, and dependently upon them. 3. They never under- wedge-like fhape, which fhould fit exactly into any part of 



took war at their own pleafure, but only when they were the excavation made under tht face or bank of the coals, by 



commanded by God, or called to it by the people. 4. They the holers, in order to loofon them. The length of the 



exafted no tribute, j. They did not fucceed each other judge is regulated by the depth or width of the jud, or web 



immediately, but after the death of one there was frequently of coal which will fall at once : and the overlooker is re- 



in interval of feveral years before a fucceflor was appointed, quired daily to try the judge in th? holing, to fee th^t the 



holerj 



