FOOTNOTE:

[1] On this point (date of the outbreak of heresy) there is some

inconsistency in the reported fragments of Hegesippus. In that quoted

below from Eus. _H. E._ iii. 32. 7 seq., it is expressly dated after

the martyrdom of Symeon and death of the grandsons of Jude under

Trajan. In iii. 19 the "ancient tradition" attributing the

denunciation of these to "some of the heretics" is perhaps not from

Hegesippus; but in iv. 22 the beginning of heresy is traced to a

certain Thebuthis, a candidate for the bishopric after the death of

James, as rival to Symeon. The same figure of the church as a pure

virgin is also used as in iii. 32. But as it is only the envious

feeling of Thebuthis which is traced to this early date, Hegesippus

doubtless means to place the outbreak later.

JUDGE (Lat. _judex_, Fr. _juge_), in the widest legal sense an officer

appointed by the sovereign power in a state to administer the law; in

English practice, however, justices of the peace and magistrates are not

usually regarded as "judges" in the titular sense. The duties of the

judge, whether in a civil or a criminal matter, are to hear the

statements on both sides in open court, to arrive at a conclusion as to

the truth of the facts submitted to him or, when a jury is engaged, to

direct the jury to find such a conclusion, to apply to the facts so

found the appropriate rules of law, and to certify by his judgment the

relief to which the parties are entitled or the obligations or penalties

which they have incurred. With the judgment the office of the judge is

at an end, but the judgment sets in motion the executive forces of the

state, whose duty it is to carry it into execution.

Such is the type of a judicial officer recognized by mature systems of

law, but it is not to be accepted as the universal type, and the

following qualifying circumstances should be noticed: (1) in primitive

systems of law the judicial is not separated from the legislative and

other governing functions; (2) although the judge is assumed to take the

law from the legislative authority, yet, as the existing law never at

any time contains provision for all cases, the judge may be obliged to

invent or create principles applicable to the case--this is called by

Bentham and the English jurists judge-made and judiciary law; (3) the

separation of the function of judge and jury, and the exclusive charge

of questions of law given to the judge, are more particularly

characteristic of the English judicial system. During a considerable

period in the history of Roman law an entirely different distribution of

parts was observed. The adjudication of a case was divided between the

_magistratus_ and the _judex_, neither of whom corresponds to the

English judge. The former was a public officer charged with the

execution of the law; the latter was an arbitrator whom the magistrates

commissioned to hear and report upon a particular case.

The following are points more specially characteristic of the English

system and its kindred judicial systems: (1) Judges are absolutely

protected from action for anything that they may do in the discharge of

their judicial duties. This is true in the fullest sense of judges of

the supreme courts. "It is a principle of English law that no action

will lie against a judge of one of the superior courts for a judicial

act, though it be alleged to have been done maliciously and corruptly."

Other judicial officers are also protected, though not to the same

extent, against actions. (2) The highest class of judges are irremovable

except by what is in effect a special act of parliament, viz. a

resolution passed by both houses and assented to by the sovereign. The

inferior judges and magistrates are removable for misconduct by the lord

chancellor. (3) The judiciary in England is not a separate profession.

The judges are chosen from the class of advocates, and almost entirely

according to their eminence at the bar. (4) Judges are in England

appointed for the most part by the crown. In a few cases municipal

corporations may appoint their own judicial officer.

See also LORD HIGH CHANCELLOR; LORD CHIEF JUSTICE; MASTER OF THE

ROLLS, &c., &c., and the accounts of judicial systems under country

headings.

JUDGE-ADVOCATE-GENERAL, an officer appointed in England to assist the

Crown with advice in matters relating to military law, and more

particularly as to courts-martial. In the army the administration of

justice as pertaining to discipline is carried out in accordance with

the provisions of military law, and it is the function of the

judge-advocate-general to ensure that these disciplinary powers are

exercised in strict conformity with that law. Down to 1793 the

judge-advocate-general acted as secretary and legal adviser to the board

of general officers, but on the reconstitution of the office of

commander-in-chief in that year he ceased to perform secretarial duties,

but remained chief legal adviser. He retained his seat in parliament and

in 1806 he was made a member of the government and a privy councillor.

The office ceased to be political in 1892, on the recommendation of the

select committee of 1888 on army estimates, and was conferred on Sir F.

Jeune (afterwards Lord St Helier). There was no salary attached to the

office when held by Lord St Helier, and the duties were for the most

part performed by deputy. On his death in 1905, Thomas Milvain, K.C.,

was appointed, and the terms and conditions of the post were rearranged

as follows: (1) A salary of £2000 a year; (2) the holder to devote his

whole time to the duties of the post; (3) the retention of the post

until the age of seventy, subject to continued efficiency--but with

claim to gratuity or pension on retirement. The holder was to be

subordinate to the secretary of state for war, without direct access to

the sovereign. The appointment is conferred by letters-patent, which

define the exact functions attaching to the office, which practically

are the reviewing of the proceedings of all field-general, general and

district courts-martial held in the United Kingdom, and advising the

sovereign as to the confirmation of the finding and sentence. The deputy

judge-advocate is a salaried official in the department of the

judge-advocate-general and acts under his letters-patent. A separate

judge-advocate-general's department is maintained in India, where at one

time deputy judge-advocates were attached to every important command.

All general courts-martial held in the United Kingdom are sent to the

judge-advocate-general, to be by him submitted to the sovereign for

confirmation; and all district courts-martial, after having been

confirmed and promulgated, are sent to his office for examination and

custody. The judge-advocate-general and his deputy, being judges in the

last resort of the validity of the proceedings of courts-martial, take

no part in their conduct; but the deputy judge-advocates frame and

revise charges and attend at courts-martial, swear the court, advise

both sides on law, look after the interests of the prisoner and record

the proceedings. In the English navy there is an official whose

functions are somewhat similar to those of the judge-advocate-general.

He is called counsel and judge-advocate of the fleet.

In the United States there is also a judge-advocate-general's

department. In addition to being a bureau of military justice, and

keeping the records of courts-martial, courts of inquiry and military

commissions, it has the custody of all papers relating to the title of

lands under the control of the war department. The officers of the

department, in addition to acting as prosecutors in all military trials,

sometimes represent the government when cases affecting the army come up

in civil courts.

See further MILITARY LAW, and consult C. M. Clode, _Administration of

Justice under Military and Martial Law_ (1872); _Military Forces of

the Crown_ (2 vols., 1869).

JUDGES, THE BOOK OF, in the Bible. This book of the Old Testament,

which, as we now read it, constitutes a sequel to the book of Joshua,

covering the period of history between the death of this conqueror and

the birth of Samuel, is so called because it contains the history of the

Israelites before the establishment of the monarchy, when the government

was in the hands of certain leaders who appear to have formed a

continuous succession, although the office was not hereditary. The only

other biblical source ascribed to this period is Ruth, whose present

position as an appendix to Judges is not original (see BIBLE and RUTH).

_Structure._--It is now generally agreed that the present adjustment of

the older historical books of the Old Testament to form a continuous

record of events from the creation to the Babylonian exile is due to an

editor, or rather to successive redactors, who pieced together and

reduced to a certain unity older memoirs of very different dates; and

closer examination shows that the continuity of many parts of the

narrative is more apparent than real. This is very clearly the case in

the book of Judges. It consists of three main portions: (1) an

introduction, presenting one view of the occupation of Palestine by the

Israelites (i. 1-ii. 5); (2) the history of the several judges (ii.

6-xvi.); and (3) an appendix containing two narratives of the period.

1. The first section relates events which are said to have taken place

after the death of Joshua, but in reality it covers the same ground with

the book of Joshua, giving a brief account of the occupation of Canaan,

which in some particulars repeats the statements of the previous book,

while in others it is quite independent (see JOSHUA). It is impossible

to regard the warlike expeditions described in this section as

supplementary campaigns undertaken after Joshua's death; they are

plainly represented as the first efforts of the Israelites to gain a

firm footing in the land (at Hebron, Debir, Bethel), in the very cities

which Joshua is related to have subdued (Josh. x. 39).[1] Here then we

have an account of the settlement of Israel west of the Jordan which is

parallel to the book of Joshua, but makes no mention of Joshua himself,

and places the tribe of Judah in the front. The author of the chapter

cannot have had Joshua or his history in his eye at all, and the words

"and it came to pass after the death of Joshua" in Judg. i. 1 are from

the hand of the last editor, who desired to make the whole book of

Judges, including ch. i., read continuously with that which now precedes

it in the canon of the earlier prophets.[2]

2. The second and main section (ii. 6-xvi.) stands on quite another

footing. According to Josh. xxiv. 31 the people "served Yahweh" during

the lifetime of the great conqueror and his contemporaries. In Judg. ii.

7 this statement is repeated, and the writer proceeds to explain that

subsequent generations fell away from the faith, and served the gods of

the nations among which they dwelt (ii. 6-iii. 6). The worship of other

gods is represented, not as something which went on side by side with

Yahweh-worship (cf. x. 6), but as a revolt against Yahweh, periodically

repeated and regularly chastised by foreign invasion. The history,

therefore, falls into recurring cycles, each of which begins with

religious corruption, followed by chastisement, which continues until

Yahweh, in answer to the groans of his oppressed people, raises up a

"judge" to deliver Israel, and recall them to the true faith. On the

death of the "judge," if not sooner, the corruption spreads anew and the

same vicissitudes follow. This religious explanation of the course of

the history, formally expounded at the outset and repeated in more or

less detail from chapter to chapter (especially vi. 1-10, x. 6-18),

determines the form of the whole narrative. It is in general agreement

with the spirit as also with the language of Deuteronomy, and on this

account this section may be conveniently called "the Deuteronomic Book

of Judges." But the main religious ideas are not so late and are rather

akin to those of Josh. xxiv; in particular the worship of the high

places is not condemned, nor is it excused as in 1 Kings iii. 2. The

sources of the narrative are obviously older than the theological

exposition of its lessons, and herein lies the value and interest of

Judges. The importance of such documents for the scientific historian

lies not so much in the events they record as in the unconscious witness

they bear to the state of society in which the narrator or poet lived.

From this point of view the parts of the book are by no means all of

equal value; critical analysis shows that often parallel or distinct

narratives have been fused together, and that, whilst the older stories

gave more prominence to ordinary human motives and combinations, the

later are coloured by religious reflection and show the characteristic

tendency of the Old Testament to re-tell the fortunes of Israel in a

form that lays ever-increasing weight on the work of Yahweh for his

people. That the pre-Deuteronomic sources are to be identified with the

Judaean (J, or Yahwist) and Ephraimite (E, or Elohist) strands of the

Hexateuch is, however, not certain.

To the unity of religious pragmatism in the main stock of the book of

Judges corresponds a unity of chronological scheme. The "judges," in

spite of the fact that most of them had clearly no more than a local

influence, are all represented as successive rulers in Israel, and the

history is dated by the years of each judgeship and those of the

intervening periods of oppression. But it is impossible to reconcile the

numbers with the statement elsewhere that the fourth year of Solomon was

the 480th from the exodus (1 Kings vi. 1). See BIBLE: _Chronology_.

The general introduction (ii. 6-iii. 6) is a blend of Deuteronomic and

other sources. The intimate relation between it and the separate

narratives (Josh. xxiv. 1-27, a late [Ephraimite] record inserted by a

second Deuteronomic hand, and xxiii., D) appears both from their

contents and from the fact that Judg. ii. 6-10 is almost identical

with the narrative appended to Joshua's address (Joshua xxiv. 28-31).

Judg. i.-ii. 5, however, is not touched by D, and hence was probably

inserted in its present position at a later date. According to the

highly intricate introduction the Hebrews were oppressed: (a) to

familiarize them with warfare--it is assumed that they had

intermarried with the Canaanites and worshipped their gods (iii. 2,

6); (b) to test their loyalty to Yahweh (ii. 22; iii. 1); or (c) to

punish them for their marriage with the heathen and their apostasy (D

in ii. 12; cf. Josh. xxiii., and ibid. v. 12).

To this succeeds a noteworthy example of the Deuteronomic treatment of

tradition in the achievement of Othniel (q.v.) the only Judaean

"judge." The bareness of detail, not to speak of the improbability of

the situation, renders its genuineness doubtful, and the passage is

one of the indications of a secondary Deuteronomic redaction. The

case, however, is exceptional; the stories of the other great "judges"

were not rewritten or to any great extent revised by the Deuteronomic

redactor, and his hand appears chiefly in the framework.[3] Thus, in

the story of Ehud and the defeat of Moab only iii. 12-15, 29-30 are

Deuteronomic. But the rest is not homogeneous, vv. 19 and 20 appear to

be variants, and the mention of Israel (v. 27b) is characteristic of

the tendency to treat local troubles as national oppressions, whereas

other records represent little national unity at this period (i., v.).

See further EHUD.

According to the Septuagint addition to Josh. xxiv. 33, Moab was the

first of Israel's oppressors. The brief notice of Shamgar, who

delivered Israel from the Philistines (iii. 31), is one of the later

insertions, and in some MSS. of the LXX. it stands after xvi. 31. The

story of the defeat of Sisera appears in two distinct forms, an

earlier, in poetical form (v.), and a later, in prose (iv.). D's

framework is to be recognized in iv. 1-4, 23 seq., v. 1 (probably), 31

(last clause); see further DEBORAH. The Midianite oppression

(vi.-viii.) is contained in the usual frame (vi. 1-6; viii. 27 seq.),

but is not homogeneous, since viii. 4, the pursuit of the kings,

cannot be the sequel of viii. 3 (where they have been slain), and

viii. 33-35 ignores ix. The structure of vi. 1-viii. 3 is particularly

intricate: vi. 25-32 does not continue vi. 11-24 (there are two

accounts of Gideon's introduction and divergent representations of

Yahweh-worship); vi. 34 forms the sequel of the latter, and vi. 36-40

(with "God") is strange after the description of the miracle in vv. 21

seq. (with "Yahweh"). Further, there are difficulties in vi. 34, vii.

23 seq., viii. 1, when compared with vii. 2-8, and in vii. 16-22 two

stratagems are combined. There are two sequels: vii. 23 seq. and viii.

4; with the former contrast vi. 35; with viii. 1-3 cf. xii. 1-6, and

see below. Chapter viii. 22 seq. comes unexpectedly, and the refusal

of the offer of the kingship reflects later ideas (cf. 1 Sam. viii. 7;

x. 19; xii. 12, 17). The conclusion, however, shows that Jerubbaal had

only a local reputation. Finally, the condemnation of the ephod as

part of the worship of Yahweh (viii. 27) agrees with the thought in

vi. 25-32 as against that in vi. 11-24. (See EPHOD; GIDEON.) Chapter

ix. (see ABIMELECH) appears to have been wanting in the Deuteronomic

book of Judges, but inserted later perhaps by means of the

introduction, viii. 30-32 (post-exilic). It has two accounts of the

attack upon Shechem (lx. 26-41 and 42-49).

After a brief notice of two "minor judges" (see below), follows the

story of Jephthah. It concludes with the usual Deuteronomic formula

(xii. 7), but is prefaced by a detailed introduction to the oppression

of Israel (x. 6 sqq.). By the inclusion of the Philistines among the

oppressors, and of Judah, Benjamin and Ephraim among the oppressed (x.

7, 9), it appears to have in view not merely the story of Samson, a

hero of local interest, but the early chapters in 1 Samuel. This

introduction is of composite origin (as also ii. 6-21; Josh.

xxiii.-xxiv. 25), but a satisfactory analysis seems impossible. As it

stands, it has literary connexions with the late narrative in 1 Sam.

(vii. seq., xii.), and appears to form the preface to that period of

history which ended with Samuel's great victory and the institution of

the monarchy. But this belongs to a later scheme (see SAMUEL), and the

introduction in its earlier form must have been the prelude to earlier

narratives.[4] The story of Jephthah's fight with Ammon is linked to

the preceding introduction by x. 17 seq.; for the framework see x. 6

(above), xii. 7. Chapter xi. 12-28 (cf. Num. xx. seq.) is applicable

only to Moab, vv. 29 and 32 are variants, and Jephthah's home is

placed variously in Tob. (xi. 3) and Mizpeh (v. 34). In xi. 1-10 the

outlaw stipulates that he shall be chief of Gilead if successful, but

in vv. 12-28 a ruler speaks on behalf of Israel. Both Moab and Ammon

had good reason to be hostile to Gilead (Num. xxi.), but the scene of

the victory points rather to the former (v. 33, possibly conflate).

There is a general resemblance between the victories of Gideon and

Jephthah, which is emphasized by the close relation between viii. 1-3

and xii. 1-6, the explanation of which in its present context is

difficult. See further JEPHTHAH.

The old stories of Samson the Danite have been scarcely touched by the

redaction (xiii. 1; xv. 20; xvi. 31b, where he is a "judge"); only

xiii. appears to be rather later (v. 5 represents him as a forerunner

of Samuel and Saul), and gives a rather different impression of the

hero of the folk-tales. The cycle illustrates some interesting customs

and is in every way valuable as a specimen of popular narrative. See

SAMSON.

Grouped among these narratives are the five so-called "minor judges"

(x. 1-5; xii. 8-15). By the addition of Shamgar (iii. 31) the number

is made to agree with the six more important names. They are not

represented as having any immediate religious importance; they really

lie outside of the chronological scheme, and their history is plainly

not related from such lively and detailed reminiscence as gives charm

to the longer episodes of the book. The notices are drawn up in set

phraseology, and some of the names, in harmony with a characteristic

feature of early Hebrew history, are those of personified families of

communities rather than of families.[5]

3. The third and last section of the book embraces chapters xvii.-xxi.,

and consists of two narratives independent of one another and of the

main stock of the book, with which they are not brought into any

chronological connexion. They appear to owe their position to the latest

redactor (akin to the latest stratum in the Hexateuch) who has heavily

worked over xix-xxi., and put the book into its present form by the

addition of i.-ii. 5, ix. and possibly of v.[6]

The first narrative, that of Micah and the Danites, is of the highest

interest both as a record of the state of religion and for the picture

it gives of the way in which one clan passed from the condition of an

invading band into settled possession of land and city. Its interest

(xvii. seq.) lies in the foundation of the Ephraimite sanctuary by

Micah as also in that of Dan. There are some repetitions in the

account, but there is not enough evidence to restore two complete

stories. The history of the Levite and the Benjamites is of quite

another character, and presupposes a degree of unity of feeling and

action among the tribes of Israel which it is not easy to reconcile

with the rest of the book. In its present form this episode appears to

be not very ancient; it resembles Ruth in giving a good deal of

curious archaeological detail (the feast at Shiloh) in a form which

suggests that the usages referred to were already obsolete when the

narrative was composed. It appears to consist of an old story which

has been heavily revised to form an edifying piece of exposition. The

older parts are preserved in xix.: the account of the Levite of Mt

Ephraim whose concubine from Bethlehem in Judah was outraged, not by

the non-Israelite Jebusites of Jerusalem, but by the Benjamites of

Gibeah; there are traces of another source in vv. 6-8, 10, 13, 15. The

older portions of xx. seq. include: the vengeance taken by Israel

(e.g. xx. 3-8, 14, 19, 29, 36-41, 47), and the reconstruction of the

tribe by intermarriage with the women of Shiloh (xxi. 1, 15, 17-19,

21-23). The post-exilic expansions (found chiefly in xx., xxi. 2-14,

16, 24 seq.) describe the punishment of Benjamin by the religious

assembly and the massacre of Jabesh-Gilead for its refusal to join

Israel, four hundred virgins of the Gileadites being saved for

Benjamin. How much old tradition underlies these stories is

questionable. It is very doubtful whether Hosea's allusion to the

depravity of Gibeah (ix. 9; x. 9) is to be referred hither, but it is

noteworthy that whilst Gibeah and Jabesh-Gilead, which appear here in

a bad light, are known to be associated with Saul, the sufferer is a

Levite of Bethlehem, the traditional home of David. The account of the

great fight in xx. is reminiscent of Joshua's battle at Ai (Josh.

vii.-viii.).

_Historical Value_.--The book of Judges consists of a number of

narratives collected by Deuteronomic editors; to the same circles are

due accounts of the invasions of Palestine and settlement in Joshua, and

of the foundation of the monarchy in 1 Samuel. The connexion has been

broken by the later insertion of matter (not necessarily of late date

itself), and the whole was finally formed into a distinct book by a

post-exilic hand. The dates of the older stories preserved in ii. 6-xvi.

6 are quite unknown. If they are trustworthy for the period to which

they are relegated (approximately 14th-12th cent. B.C.) they are

presumably of very great antiquity, but if they belong to the sources J

and E of the Hexateuch (at least some four or five centuries later)

their value is seriously weakened. On the other hand, the belief that

the monarchy had been preceded by national "judges" may have led to the

formation of the collection. It is evident that there was more than one

period in Israelite history in which one or other of these stories of

local heroes would be equally suitable. They reflect tribal rivalry and

jealousy (cf. Isa. ix. 21, and the successors of Jeroboam 2), attacks by

nomads and wars with Ammon and Moab; conflicts between newly settled

Israelites and indigenous Canaanites have been suspected in the story of

Abimelech, and it is not impossible that the post-Deuteronomic writer

who inserted ch. ix. so understood the record. A striking exception to

the lack of unity among the tribes is afforded by the account of the

defeat of Sisera, and here the old poem represents a combined effort to

throw off the yoke of a foreign oppressor, while the later prose version

approximates the standpoint of Josh. xi. 1-15, with its defeat of the

Canaanites. The general standpoint of the stories (esp. Judg. v.) is

that of central Palestine; the exceptions are Othniel and Samson--the

latter interrupting the introduction in x., and its sequel, the former

now entirely due to the Deuteronomic editor. Of the narratives which

precede and follow, ch. i. represents central Palestine separated by

Canaanite cities from tribes to the south and north; it is the situation

recognized in Judg. xix. 10-12, as well as in passages imbedded in the

latest portions of the book of Joshua, though it is in contradiction to

the older traditions of Joshua himself. Chapters xvii. seq. (like the

preceding story of Samson) deal with Danites, but the migration can

hardly be earlier than David's time; and xix.-xxi., by describing the

extermination of Benjamin, form a link between the presence of the tribe

in the late narratives of the exodus and its new prominence in the

traditions of Saul (q.v.). As an historical source, therefore, the value

of Judges will depend largely upon the question whether the Deuteronomic

editor (about 600 B.C. at the earliest) would have access to trustworthy

documents relating to a period some six or seven centuries previously.

See further JEWS, §§ 6, 8; and SAMUEL, BOOKS OF.

LITERATURE.--Biblical scholars are in agreement regarding the

preliminary literary questions of the book, but there is divergence of

opinion on points of detail, and on the precise growth of the book

(e.g. the twofold Deuteronomic redaction). See further W. R. Smith,

_Ency. Brit._ 9th ed. (upon which the present article is based); G. F.

Moore, _International Critical Comm._ (1895); _Ency. Bib._, art.

"Judges"; K. Budde, _Kurzer Handcommentar_ (1897); Lagrange, _Livres

des juges_ (1903); G. W. Thatcher (_Century Bible_); also S. R.

Driver, _Lit. of Old Testament_ (1909); Moore, in the _Sacred Books of

Old Testament_ (1898); C. F. Kent, _The Student's Old Testament_, vol.

i. (1904). (S. A. C.)

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