Smith's Bible Dictionary

(Frankie) #1

punished by death without sanctuary or reprieve, or satisfaction. (Exodus 21:12,14; 19:11-13)
Death of a slave, actually under the rod, to be punished. (Exodus 21:20,21) (2) Death by negligence
to be punished by death. (Exodus 21:28-30) (3) Accidental homicide : the avenger of blood to
seek safety by flight to a city of refuge, there to remain till the death of the high priest. (Numbers
35:9-28; 4:41-43; 19:4-10) (4) Uncertain murder to be expiated by formal disavowal and sacrifice
by the elders of the nearest city. (21:1-9) (5) Assault to be punished by lex talionis, or damages.
(Exodus 21:18,19,22-25; Leviticus 24:19,20) 7Th Command. (1) Adultery to be punished by death
of both offenders; the rape of a married or betrothed woman, by death of the offender. (22:13-27)
(2) Rape or seduction of an unbetrothed virgin to be compensated by marriage, with dowry (50
shekels), and without power of divorce; or, if she be refused, by payment of full dowry. (Exodus
22:16,17; 22:28,29) (3) Unlawful marriages (incestuous, etc.) to be punished, some by death, some
by childlessness. (Leviticus 20:1) ... 8Th command. (1) Theft to be punished by fourfold or double
restitution; or nocturnal robber might be slain as an outlaw. (Exodus 22:1-4) (2) Trespass and
injury of things lent to be compensated. (Exodus 23:5-15) (3) Perversion of justice (by bribes,
threats, etc.), and especially oppression of strangers, strictly forbidden. (Exodus 22:9) etc. (4)
Kidnapping to be punished by death. (24:7) 9Th Command. False witness to be punished by lex
talionis. (Exodus 23:1-3; 19:16-21) Slander of a wife’s chastity, by fine and loss of power of
divorce. (22:18,19) A fuller consideration of the tables of the Ten Commandments is given
elsewhere. [Ten Commandments COMMANDMENTS] III. LAWS JUDICIAL AND
CONSTITUTIONAL.
•JURISDICTION. (a) Local judges (generally Levites as more skilled in the law) appointed, for
ordinary matters, probably by the people with approbation of the supreme authority (as of Moses
in the wilderness), (Exodus 18:25; 1:15-18) through all the land. (16:18) (b) Appeal to the priests
(at the holy place), or to the judge ; their sentence final, and to be accepted under pain of death.
See (17:8-13) comp. appeal to Moses, (Exodus 18:26) (c) Two witnesses (at least) required in
capital matters. (Numbers 35:30; 17:6,7) (d) Punishment, except by special command, to be
personal, and not to extend to the family. (24:16) Stripes allowed and limited, (25:1-3) so as to
avoid outrage on the human frame. All this would be to a great extent set aside—1st. By the
summary jurisdiction of the king, see (1 Samuel 22:11-19) (Saul); (2 Samuel 12:1-5; 14:4-11; 1
Kings 3:16-28) which extended even to the deposition of the high priest. (1 Samuel 22:17,18; 1
Kings 2:26,27) The practical difficulty of its being carried out is seen in (2 Samuel 15:2-6) and
would lead of course to a certain delegation of his power. 2Nd. By the appointment of the Seventy,
(Numbers 11:24-30) with a solemn religious sanction. In later times there was a local sanhedrin
of twenty-three in each city, and two such in Jerusalem, as well as the Great Sanhedrin, consisting
of seventy members, besides the president, who was to be the high priest if duly qualified, and
controlling even the king and high priest. The members were priest, scribes (Levites), and elders
(of other tribes). A court of exactly this nature is noticed as appointed to supreme power by
Jehoshaphat. See (2 Chronicles 19:8-11)
•ROYAL POWER. The king’s power limited by the law, as written and formally accepted by the
king; and directly forbidden to be despotic. (Military conquest discouraged by the prohibition of
the use of horses. See (Joshua 11:6) For an example of obedience to this law see (2 Samuel 8:4)
and of disobedience to it see (1 Kings 10:26-29) (17:14-20) comp. 1Sam 10:25 Yet he had power
of taxation (to one tenth) and of compulsory service, (1 Samuel 8:10-18) the declaration of war,
(1 Samuel 11:1) ... etc. There are distinct traces of a “mutual contract,” (2 Samuel 5:3) a “league,”

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