The beginnings of the history of Israel as a people were dominated by the stron" personality of Moses. During the nomad period, family dis- putes were still settled by the head of the family ; but Moses himself was the supreme judge to whom appeals were brought (Ex W), and he is repre- sented as himself bringing the matters to J" for decision (Ex 18"), though we are not told how; he
fained his knowledge of the will of the Deity, loses had no officials to execute his sentences, but seems in case of division of opinion to have appealed to those who agreed with him to carry out his punishments by force (Ex 32-*). This work, however, proved too much for one man, and on the advice of his father-in-law he selected a number of the heads of families — already accus- tomed t« judging in matters pertaining to their own families — to judge the intertribal disputes, reserving for himself the right of settling the more difficult questions that arose (Ei lii»*-; cf. the parallel account in Nu 11"- '^•).
It was in accordance with this appointment that the later 'Book of the Covenant' was represented as given by Moses to tliese elders as a body of customs for their guidance (Ex 21' 24). The active participation of the Deity in judging is still prominent all through this period. To seek a judgment was to ' seek Jahweh ' (Ex 33'"). It was J" Himself who punished Miriam (Nu la'"), Dathan, and Abiram (Nu 16), and the Israelites themselves (Nu 21). Aehan was detected by .J" (whose wtU on this occa-sion was ascertained by the drawing of lots), and the punishment was carried out by the people (Jos 7).
Tlie settlement in Canaan, and consequent ch.inge from nomad to settled life, led to the emjiliasizing of local rather than family and tribal a\ithority. The ancient customs were continued, but the 'elders of the citir' (T!)C '3P') took the place of the elders of the tribe (Jg 8" 11', and see below for Dent. ; cf. Nowack, Arch. 1. 322, and ■ee Elder in OT), though the claims of the
latter were not overlooked even in the 7th cent, (cf. Dt 10'*). During this period tlie terra ' judges ' was applied to the local lieroes, w lio delivered and ruled the tribes of Israel. (Tor the use and meaning of Ecf in the Book of Judges, see the following two articles).
The institution of a monarchy also modified the previous customs, inasmuch as the king and his officials were in a better position than most to enforce their decisions by means of the power they possessed. Tlie administration of justice in the country naturally remained in the hands of the city elders and men who had gained a reputation for A\ isdoni ; and the settlement of disputes was by arbitration rather than by royal justice ; but where a roj'al officer was stationed, there he would often be appealed to. The king was the most powerful (at any rate in the best days of the monarcliy), and therefore the supreme judge. The person of the king was usually accessible to the poorest of his subjects. The men of Israel larought their troubles regularly to David (2 S 15-"-). The power of the king enabled him when present to override or overawe the local courts (1 K 21, 1 S 8^, 2 S 15- etc.). It was during this period (in the 9th or 8th cent.) that a short book of 'judg- ments' o-c?:fC (Ex 21-23"; cf. ExODUS in vol. i. p. 810) was edited to guide the decisions of men who were called upon to decide certain cases. How far it obtained any authority we cannot tell, but it is very short and incomplete. Judges are mentioned only once in this code, viz. in 21-^ but the word D'^''?5 used here is a rare word ; the sentence in which it occurs is difbcult to construe as it stands, and Budde has suggested a different reading, which contains no mention of judges (ZATiV xi. 106 ff.). In Ex 21« 22"-' RVm reads 'judges' as a translation of QTiS''7. 'j"'' '■he word seems to be used here as usual with the meaning ' God ' given in the RV text.*
Towards the end of the 7tli cent, (in 021) another code of laws — the Deuteronomic — was proclaimed, but the unfortunate death of Jusiali seems to have rendered it ineffective from 608 untU after the Exile. (See DEUTERONOMY). In judicial matters it confirmed for the most part the already existing customs. Judges and officers (O'T^t:') D-art') are to be appointed in all the cities, according to the tribes (Dt 16").+ The ordinary judges are as before the ' elders of the city ' (Dt 19'= 21'8 22">''- etc. ). In difficult matters, where men had formerly had recourse to the more immediate judgment of the Deity, the priests the Levites are to be associated with the usual judges (Dt XT'- 19"- etc.), and the law as a whole is represented as having been delivered by Moses to the priests the sons of Levi, and unto all the elders of Israel (Dt3P). The curse of J" still remains the heaviest of punishments (Dt 28"''-). The greatest fault in the administration of justice during this period was due to bribery, a sin which specially excited the indignation of the preacher of moral right- eousness (Am 5'=; cf. Mic 7», Zeph 3'). In Am 2' and Mic 5' the word ' judge ' atv seems to be used of the king (see Driver on the former passage in the 'Cambridge Bible for Schools'), but in Micah the LXX have a ditlerent reading, and in Amos Nowack refers the word to the