olves in the long run much more real freedom
than the government, however kind, which is arbitrary, and therefore
uncertain and changeable.
But were these laws oppressive? Let us look at them in a few obvious
points of view.
What did they exact in regard to taxation? We know that in Eastern
governments the people have been ground to the earth by taxation, and that
agriculture has been destroyed, the fruitful field become a wilderness,
and populous countries depopulated, by this one form of oppression. It is
because there has been no fixed rate of taxation. Each governor is allowed
to take as much as he can from his subordinates, and each of the
subordinates as much as he can get from his inferiors, and so on, till the
people are finally reached, out of whom it must all come. But under the
Mosaic constitution the taxes were fixed and certain. They consisted in a
poll-tax, in the first-fruits, and the tithes. The poll-tax was a
half-shekel paid every year at the Temple, by every adult Jew. The
first-fruits were rather an expression of gratitude than a tax. The tithes
were a tenth part of the annual produce of the soil, and went for the
support of the Levites and the general expenses of the government.
Another important point relates to trials and punishments. What security
has one of a fair trial, in case he is accused of crime, or what assurance
of justice in a civil cause? Now we know that in Eastern countries
everything depends on bribery. This Moses forbade in his law. "Thou shalt
take no gift, for the gift blindeth the eyes; thou shalt not wrest the
judgment of the poor, but in righteousness shalt thou judge thy neighbor."
Again, the accuser and accused were to appear together before the judge.
The witnesses were sworn, and were examined separately. The people had
cheap justice and near at hand. "Judges and officers shalt thou make thee
in all thy gates, throughout thy tribes; and they shall judge the people
with just judgment."
There were courts of appeal from these local judges.
There seems to have been no legislative body, since the laws of Moses were
not only a constitution but also a code. No doubt a common law grew up
under the decisions of the local courts and courts of appeal. But
provision was made by Moses for any necessary amendment of his laws by the
reference which he made to any prophet like himself who might afterward
arise, whom the people were to obey.[356]
There was no provision in the
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