I. THE CHARACTER OF HEBREW LEGISLATION. NUMEROUS circumstances, of natures as varied as the manifold phases of sublunary events, tend, whether dependently or independently of the nations themselves, to accelerate or to check their progresses. The chief principle of re-action in the march of improvement of any particular people appears to be that general decree of Providence, that all classes of mankind are to advance simultaneously (of course in the widest sense of that term). Hence, nations that appeared for a time to outrun all the rest of the species with great strides, have suddenly been opposed by some mighty barrier, or even suffered a total dissolution, in order to allow their competitors to arrive at the same point of the course. Hence, every nation may claim pre-eminence above the others at some particular epoch, in some especial branch of human excellence: and hence too, no nation is free from a time of reproach, none but has, at one time or other, suffered a retrograde movement. This is also the reason why the opinions entertained of a nation may be equally on good grounds both favourable and condemnatory, according to the various periods of the existence of that nation alluded to a complication, which it is the task of history to unravel. The progresses, achieved by the Hebrews in one especial province of human intellect, were so rapid, being contemporary with their first step in the world in the shape of a nation, that the greatest men of all ages and countries agree to call it an exception from the generally slow march of human understanding, only explicable by the direct interposition of the Deity; since even the modern world, with its immense advantages, derived from experience and circumstances, can scarcely be said to be on a level with the spirit of wisdom embodied in the laws of the Nomadic Hebrews. If we represent to our imagination the different people that filled with fame the infancy of our earth, and allot unto every one a banner characteristic of the institutions of each respective nation, we should find on those of the Hindoo and Ethiopian the inscription, "Priests, casts, mysteries;" to which Egypt would add, "Science, industry; Babylon, luxury, volup tuousness.' Athens decorated her standard with the honourable device, FINE ARTS; Sparta fixed on hers, in letters of iron, PATRIOTISM; Sidon, Tyrus, and Carthage wrote in gol. den characters, COMMERCE; Rome displayed her black flag, whereon was written, in the colour of blood, WAR and DOMINION. Many other streamers would wave with inscriptions of various design, such as metempsicosis, transmigration of souls, elyseum, paradise, tartarus, hell, and many more resembling these, either in name or meaning. But the standard of Israel would unfurl, and on it you would read, in characters of pure white, the significant word, LAW, surrounded by PEACE, ABUNDANCE, LONG LIFE, HAPPINESS. That is the standard the nations of modern Europe bestir themselves to fix on the ramparts of their constitutions; for under its shelter shall we find every thing that is desirable and true among all the other devices. Solon boasted of having given the Athenians as good laws as they were able to receive. No such relative position has been assigned to the code of the Hebrews. The spirit of Hebrew legislation is the fountain of absolute law, Justice, with its eternal and immutable attributes. The principles there consecrated are suited to all times and all climates, rest on the very nature of human existence, and ensure to every man the faculty of satisfying his real wants. The next step was to organize a people as guardians of those universal principles of justice; and, finally, it was the task of the legislation to dictate statutes adapted for the peculiar position of that people, and in accordance with the course of the times. The books, which served, and still serve, as the repository of those fundamental ideas, have arrived in triumph at their destination they have been the means of spreading knowledge among the benighted inhabitants of previously wild regions; they have been adopted by all the nations of the present day, that may lay claim to civilization. And, however the spirit of the laws has been turned to suit the purpose of such as recognized their authority, Mosaism is still extant, and remains the living protector and preserver of the letter of that code, constituting an opposition which might for a time be oppressed and silenced, but the roots of which are beyond the reach of all human efforts, and sure to bud again when the first congenial ray penetrates through the clod that keeps them down. In the plains of Moab, Moses recapitulated in the ears of the whole people, the fortunes and reverses they had experienced during the last forty years; he repeated to them the laws of their constitution; made them renew, with one voice, the oath of allegiance to their law, and the promise of living unitedly; inspired them with courage for the conquest of the land they were about to enter; and published, with prophetic words, the future destinies of his brethren. A resumé of that repetition of the law, according to the natural process from principle to developement, is the subject of our research. The universal and absolute existence we call the Divine Being, God, Adonai (the Tetragramma). The political existence, which comprises every thing existing within it, is the people of Israel. In other words, the Hebrew nation is one, and indivisable; that unity is called Israel, and consists of twelve tribes or provinces, subdivided into districts or communities. All Hebrews are brethren; affiliated strangers become brethren; aliens, who, without taking upon themselves the observance of the whole law, wish to dwell among the Israelites, are looked upon and treated as friends. The Hebrew acknowledges the sole supremacy of the law; allows no absolute power to any particular individual, nor to any particular class. Whatever the law does not forbid, he is at liberty to do. He can only be held to perform what the law enjoins. The law is political truth, known to the intellect of some men, but put in action by the will of all. It is composed of absolute principles which receive a relative application. Every Hebrew may aspire to the public functions for which he is qualified by his intellectual faculties. The only legal conditions for the eligibility of an Hebrew to any public office are knowledge, wisdom, and a good reputation. Every functionary is responsible to the people for his conduct. Public officers are, 1. The elders of the grand council of Israel, (Zikne Israel,) the real heads of the nation. It is their duty to con. vey the actual word of the Eternal in the daily arrangements of public order; to explain the law, as well in matters of political and civil, as in those which treat of ceremonies and rites, commonly called religious. This council is empowered to punish treason against the law of the land, to institute the high-priest, and to call him before a tribunal, if his misconduct should render it requisite. 2. The elders of the tribes and of the cities, (Zikne Earim,) who fulfil the same duties on a minor scale in their own districts, as does the grand council for the whole nation. 3. The chiefs of the public force. (Sarim). 4. The ordinary judges. (Shophtim). 5. The civil officers, or men of authority. (Shoterim). 6. The prophetic orators. (Roim or Nabiim). 7. The Levites and priests, (Leviim and Cohanim,) to whom it is hereditarily bequeathed to be guardians of the law, to procure publicity at set epochs to its dictates, and to officiate before the altar. The authority of the supreme judge, (Shophet,) or consul for life-who directs the military force of the state, and sometimes takes the presidency in the senate-can only become dictatorial in time of war. This dignity can be abolished to make way for the authority of a king at the wish of the whole nation. The king (Melek) is proposed by the grand council of the elders, confirmed by the sacerdotal magistracy, and enthroned by the people. He has not the power to exact imposts from the people by an arbitrary decree of his own caprice; he is warned from addicting himself to luxury, and from raising himself proudly above his brethren. He is enjoined to read daily a part of the law, so that he may execute it faithfully. If he violates the constitution knowingly, he forfeits the crown. Work and activity are binding injunctions upon every Israelite. Their relative position, as well as a rightly understood interest, incline them towards agriculture as a favourite occupation. Its immediate followers are industry and commerce. The division of land is accomplished by lots, proportioned to the numbers of which each tribe and each family are composed. The principle, according to which the children of Levy have been divided among all the other tribes, commands that no particular portion of land be assigned to them; but that family is indemnified by a revenue allowed from the twelve remaining tribes. Thus the material. interests of the sacerdotal tribe are dependent on a good understanding with the whole people, and compel the Levites to pay due care to the conservation of the law, which guarantees to them their rights and their existence. To preserve the principle of equality, precautions are taken against the accumulation of property in the hands of individuals, by perpetual division of lands; patriotism, love of the laws, and happiness, being by this measure diffused through all classes of citizens. The right of pronouncing over life and death is enjoyed by the nation only. The accused are judged by their peers publicly. More than one witness, and all of known probity, are necessary for the establishing of a fact which may endanger the life of a citizen. The system of defence as unlimited as the ends of justice admit. The law, however severe in principle, prescribes for its application numerous conditions which tend to number of inhabitants becomes mulcounterbalance that severity. The ordinary judges, chosen by the people, decide on all questions which relate to private interest, and on all crimes. The civil officers, or men of authority, act as the police in their cities, and conduct the witnesses and culprits before the magistrates. High questions of difficult nature are carried before the civil council, and thence to Jerusalem. Every Hebrew takes arms from twenty years of age. The officers are proposed by the citizens, and appointed by the commander, who may reward by promotion such of his warriors as attract his notice by their valour. Necessity prescribes a conquest, which, when once completed, ceases to belong to the body of the law. The events of that war of conquest cannot be appealed to as justifying precedents for ulterior undertakings of a similar nature. By that conquest, the Hebrews take their rank among nations. They establish friendly and commercial relations with other powers: they send and receive ambassadors. The wars thenceforth undertaken by the Hebrews, are ever to bear the character of necessary defence. If the enemy appears in overwhelming numbers, and demands a tribute, the Israelites will yield, rather than shed their blood in a strife, the result of which is hopeless; but if the enemy threatens with destruction the law of the land,—the liberty of the people, then, however innumerable his masses of infantry, of horses, and chariots, no choice is left but to resist, conquer, or die. The Hebrew who settles in a foreign land, is bound to seek his own happiness in the happiness of the people among whom he dwells. The increase of population in a land, is the consequence and the proof of its wise legislation. The tiplied by an abundance of the necessaries of life, and by that security which is the produce of general activity and a wholesome administration of the laws. An abundance of every thing desirable is, on the other hand, the result of a progressive population. Celibacy is reproved; paternal authority has its limits, and ceases at the age of virility. The women are citizens, in the full sense of the word, and are subjected to various especial laws adapted to their particular nature, and rendered imperative by the climate they are called to inhabit. The written laws of morality enjoin the adoration of the Eternal; a continual searching after his word, which is the expression of right, reason, and popular utility; patriotism; a knowledge of the national laws; an utter abhorrence of slavery and of the superstitious customs of that epoch; mutual attachment between the citizens; utmost benevolence towards the stranger; positive tolerance; pardon for received injury; the obligation to render good for evil; the sanctity of an oath; respect for the weaker sex; respectful behaviour and devoted love towards parents, aged people, men endowed with wisdom, magis. trates, warriors; hospitality; the zeal of friendship; active charity in behalf of the native or foreign indigent. Particular sanitary regulations ensure health to the people, and maintain a simplicity of manners, even in the midst of opulence. The statutes for regulating the religious ceremonies, aim either at a proper application of long known usages, or, as in many cases, to avert, by leading into a different channel, the baneful influence of existing customs; to guide the spirit of the people towards the eternal unity and the law; and lastly, to be a protecting rampart to the principles of the compact. General and especial assemblies, at fixed terms, are the mighty safeguards of the whole institution. Finally, however stormy be the fate of the people, Israel is immortal. ral wants of mankind, as did the Mosaic dispensation. Lycurgus taught his citizens how to suffer. Moses showed his brethren how to enjoy. And nevertheless, who, better than the disciples of Moses, knew how to bear the load of pain? "Alas!" was the cry of every Hebrew, during centuries of tribulation," he has predicted our de 66 Such is the bird's eye view of the legislation delivered through Moses, to the children of Israel. What- solation-it is come to pass; he ever objections may be raised against it; however the knife of criticism may dismember it-such as Moses expounded it, will ever be the course of things; the order of general events is clearly demonstrated by his prophetic words. Several points of the institutions of Lycurgus may bear a striking resemblance with the Hebrew law, such as, the authority allowed to old age, the equal division of lands; the numerous duties incumbent on the Spartan citizen; the care taken of the health of the Lacedemonians; the national festivities ; the attachment they inspire to their native land and its laws: but the legislation of the Laconian with its great applicability in a state of war, did not draw its principal strength from the primary and gene has said ye shall rise again-we live in hopes!" The wise men of Israel cast a glance on the nations who domineered over them and said, Why should we renounce what we have proved to be useful and just ? What is offered to us in exchange for the compact sworn by our forefathers? The nations around us are enslaved: the power of individuals is every where far above the might of the law; the sacred name of God is invoked for the advantage of pride and rapacity. Let us then patiently bear our sufferings! Centuries are but as years in the age of a people; and these days of humiliation and pain will become our glory, the instruction of the world, and the happiness of our children !"' II. THE MISHNA. T. T. MIER NUDD Mesecheth Aboth: "THE ETHICS OF THE FATHERS," COMMENTS BY NAPHTALI HIRTS WESSELY. (Continued from page 68.) R. JONATHAN said, "Whosoever performeth the Law in poverty, will eventually perform it in affluence; but he who sets aside the law, on account of his riches, will eventually set it aside from poverty." (iv. 11.) COMMENTARY. "Whosoever performeth the law, &c." The maxim which our teacher here presents to us, appears at first sight, not only paradoxical, but actually contrary to truth and every day experience. We need no great exertion of our powers of observation, in order to find numerous instances which contradict the assertion of our teacher, that he who performs the law in poverty, will eventually perform it in affluence. How many wise, pious, and virtuous men, who observed every iota of the divine laws with sincerity and pure devotion, who triumphed over every temptation, and rose superior to all worldly allurements;-how many of these great and good men did, as history relates, spend their days in indigence, and close their lives in destitution? |