Page:The old paths, or The Talmud tested by Scripture.djvu/363

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is no other alternative—either the authors of the Pentateuch, the books of Samuel and Kings, are mistaken, or the jurisdiction of the Sanhedrin is a mere fiction. Moses commands a very different institution, and the historical books represent a very different form of government. He who receives these books as inspired, must renounce the authority of the Sanhedrin, whilst he who maintains it must give up the sacred books.

There is, however, another tribunal mentioned in the above-quoted passage of the oral law which it is necessary to notice, and that is the minor Sanhedrin, or council of twenty-three. It is said, "The minor councils through the tribes and towns are not to be established except by the council of seventy-one;" and elsewhere we read:—

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"In every city of Israel that contains one hundred and twenty Israelites or more, a minor Sanhedrin ought to be appointed, and of how many members ought it to consist? Of twenty-three judges." (Hilchoth Sanhedrin, i. 3.) Now this is another innovation for which there is no warrant whatever in the law of Moses. "Moses chose able men out of all Israel, and made them heads over the people, rulers of thousands, rulers of hundreds, rulers of fifties, and rulers of tens. And they judged the people at all times." (Exod. xviii. 25, 26.) This is the provision which Moses made for the administration of justice, but he says not a syllable about the appointment of minor Sanhedrins of twenty-three, so that in this we have another instance of the effort, which the rabbies made, to get rid of all the Mosaic institutions, and to substitute their own. And also another proof that the laws of the Sanhedrin were not given by Moses, for they require this Council to appoint minor courts, contrary to his ordinances. It appears, then, from what has been said in these two papers, that the Sanhedrin was altogether an unlawful tribunal, and that therefore the oral law can receive no support from its approval: and it appears, further, that modern Judaism has entirely subverted that order of things established by Moses. He ordained the priests, the Levites, as the teachers of Israel. Modern Judaism has turned them out of their office, and substituted the rabbies. Moses ordained a Supreme Council, consisting of the priests and the judge. Modern Judaism has destroyed that Council, and established the Sanhedrin in its place. Moses appointed rulers over thousands, hundreds, fifties, and tens. Modern Judaism has put an end to that order, and erected new tribunals of twenty-three. In fact, if it were possible for the