No argument ever has convinced like a parable, and a very famous story
in the Bible will illustrate the great truth, which is the first lesson
that a primitive people learns, that unless the judge can be separated
from the sovereign, and be strictly limited in the performance of his
functions by a recognized code of procedure, the public, as against the
dominant class, has, in substance, no civil rights. The kings of Israel
were judges of last resort. Solomon earned his reputation for wisdom in
the cause in which two mothers claimed the same child. They were indeed
both judge and jury. Also they were prosecuting officers. Also they were
sheriffs. In fine they exercised unlimited judicial power, save in so
far as they were checked by the divine interference usually signified
through some prophet.
Now David was, admittedly, one of the best sovereigns and judges who
ever held office in Jerusalem, and, in the days of David, Nathan was the
leading prophet of the dominant political party. "And it came to pass
in an eveningtide, that David arose from off his bed, and walked upon
the roof of the king's house: and from the roof he saw a woman washing
herself; and the woman was very beautiful to look upon.
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