"The judgment-seats" before which these wealthy Jews drag their poorer brethren may be either heathen or Jewish courts (comp. 1 Cor. vi. 2, 4), but are probably the Jewish courts frequently held in the synagogues. The Roman government allowed the Jews very considerable powers of jurisdiction over their own people, not only in purely ecclesiastical matters, but in civil matters as well. The Mosaic Law penetrated into almost all the relations of life, and where it was concerned it was intolerable to a Jew to be tried by heathen law. Consequently the Romans found that their control over the Jews was more secure, and less provocative of rebellion, when the Jews were permitted to retain a large measure of self-government. This applied not only to Palestine, but to all places in which there were large settlements of Jews. Even in the New Testament we find ample evidence of this. The high priest grants Saul "letters to _Damascus_, unto the synagogues," to arrest all who had become converts to "the Way" (Acts ix. 2). And St. Paul before Herod Agrippa II. declares that, in his fury against converts to Christianity, he "persecuted them even unto _foreign_ cities" (Acts xxvi. 11). Most, if not all, of the five occasions on which he himself "received of the Jews forty stripes save one" (2 Cor. xi. 24) must have been during his travels outside Palestine. The proconsul Gallio told the Jews of Corinth, not only that they might, but that they must, take their charges against Paul, for breaking Jewish law, to a Jewish tribunal; and when they ostentatiously beat Sosthenes before his own tribunal, for some Jewish offence, he abstained from interfering. It is likely enough that provincial governors, partly from policy, partly from indifference, allowed Jewish officials to exercise more power than they legally possessed; but they possessed quite enough to enable them to handle severely those who contravened the letter or the traditional interpretation of the Mosaic Law. That the dragging before the judgment-seats refers to bringing Christians before Roman magistrates, in a time of persecution, is a gratuitous hypothesis which does not fit the context. It was the mob, rather than the rich, that in the earlier persecutions acted in this way. The rich were contemptuously indifferent. There is, therefore, no evidence here that the letter was written during the persecution under Domitian or under Trajan. Nevertheless, their Christianity, rather than their debt, was probably the reason why these poor Jewish Christians were prosecuted in the synagogue courts by the wealthy Jews.
So far from this passage being evidence that the Epistle was written at a time long after the death of St. James, it is, as Renan has carefully shown, almost a proof that it was written during his lifetime. As regards the relations between rich and poor, "the Epistle of James is a perfect picture of the Ebionim at Jerusalem in the years which preceded the revolt." The destruction of Jerusalem "introduced so complete a change into the situation of Judaism and of Christianity, that it is easy to distinguish a writing subsequent to the catastrophe of the year 70 from a writing contemporary with the third Temple. Pictures evidently referring to the internal contests between the different classes in Jerusalem society, such as that which is presented to us in the Epistle of James, are inconceivable after the revolt of the year 66, which put an end to the reign of the Sadducees."[58] These were the times when women bought the priesthood for their husbands from Herod Agrippa II., and went to see them officiate, over carpets spread from their own door to the Temple; when wealthy priests were too fastidious to kill the victims for sacrifice without first putting on silk gloves; when their kitchens were furnished with every appliance for luxurious living, and their tables with every delicacy; and when, supported by the Romans, to whom they truckled, they made war upon the poor priests, who were supported by the people. Like Hophni and Phinehas, they sent out their servants to collect what they claimed as offerings, and if payment was refused the servants took what they claimed by force. Facts like these help us to understand the strong language used here by St. James, and the still sterner words at the beginning of the fifth chapter. In such a state of society the mere possession of wealth certainly established no claims upon the reverence of a Christian congregation; and the fawning upon rich people, degrading and unchristian at all times, would seem to St. James to be specially perilous and distressing then.