But it is only in the days of Jehoshaphat (873-849 B.C.) that an arrangement like that in Deuteronomy is mentioned. From 2 Chron. xix. 5 ff. we learn that "he set judges in the land throughout all the fenced cities of Judah, city by city. Moreover in Jerusalem did Jehoshaphat set of the Levites and of the priests, and of the heads of the fathers' houses, for the judgment of Yahweh and for controversies." Further, it is stated that Amariah the chief priest was set over the judges in Jerusalem in all Yahweh's matters, _i.e._ in all religious questions, and Zebadiah the son of Ishmael the prince of the house of Judah in all the king's matters, _i.e._ in all secular affairs. Of course few advanced critics will admit that the Books of Chronicles are reliable in such matters. But that judgment is altogether too sweeping, and here we would seem to have a well-authenticated record of what Jehoshaphat actually did.
For it will be observed, that when we take up the various notices in regard to the administration of justice, we have a well-defined progress from Moses to Jehoshaphat. Moses was chief judge and committed ordinary cases to the tribal and family heads who were chosen as military leaders, each judging his own detachment. After passing the Jordan, the whole matter would seem to have fallen back into the hands of the tribal heads, with the occasional help of the heroes who delivered and judged Israel. At the end of this period Samuel, as head of the State, went on circuit, and appointed his sons judges in Beersheba, thus initiating a new system, which, had it been successful, might have superseded the tribal and family heads altogether. But it was a failure, and was not repeated. With the rise of the kingship the courts received further organisation. If the Chronicler can be trusted, Levites to the number of six thousand were appointed to be judges and Shoterim. The number seems excessive; but the appointment of Levites to act as assessors with the tribal and other heads would be a natural expedient for a king like David to have recourse to, if he desired to secure uniformity of judgment, and to bring the courts under his personal influence. The next step would naturally be that which is attributed to Jehoshaphat, and it is precisely that which Deuteronomy points to as being already at work in his time. We have, consequently, more than the late authority of the Chronicler for Jehoshaphat's high court. The probabilities of the case point so strongly to the rise of some such judicial system about that period, that it would require some positive proof, not mere negative suspicion, to lead us to reject the narrative. In any case this must have been the system in Josiah's day, and afterwards. For when Jeremiah was arraigned for prophesying destruction to the Temple and to Jerusalem, the process against him was conducted on similar lines to those laid down in Deuteronomy. The princes judged, the priests (curiously enough along with the false prophets) made the charge, _i.e._ stated that the prophet's conduct was worthy of death, and the princes acquitted. During the Exile it is probable that the "elders" of the people were permitted to judge them in all ordinary cases, but we have no certain proof that this was so. After the return from Babylon, however, the local courts were re-established, probably in the very form in which they appear in the New Testament (Matt. v. 22, x. 17; Mark xiii. 9; Luke xii. 14-58).
Throughout the whole history of Israel, therefore, courts of justice were easily accessible to every man, whether he were rich or poor. No doubt the free, open-air, Eastern manner of administering justice was favourable to that; but from the days of Moses onward we have fairly conclusive proof that the leaders of the people made it their continual care that wherever a wrong was suffered there should be some court to which an appeal for redress could be made.