39 Therefore, it came to pass that they assembled themselves together in bodies throughout the land, to cast in their voices concerning who should be their judges, to judge them according to the law which had been given them; and they were exceedingly rejoiced because of the liberty which had been granted unto them. 40 And they did wax strong in love towards Mosiah; yea, they did esteem him more than any other man; for they did not look upon him as a tyrant who was seeking for gain, yea, for that lucre which doth corrupt the soul; for he had not exacted riches of them, neither had he delighted in the shedding of blood; but he had established peace in the land, and he had granted unto his people that they should be delivered from all manner of bondage; therefore they did esteem him, yea, exceedingly, beyond measure. 41 And it came to pass that they did appoint judges to rule over them, or to judge them according to the law; and this they did throughout all the land.
Mosiah 29:39-41 (Emphasis mine)
The people met in “bodies throughout the land, to cast in their voices concerning who should be their judge.” This sounds like something similar to a political caucus meeting where people get together and express their opinions about candidates and issues. If they were anything like our caucus system, the Mosiah(2)’s new system took government to the grass roots level.
Mormon tells us that Mosiah(2) was much loved by the people. He worked with his own hands for his support, even though he was the king. He did not accept pay for his kingly duties. He established peach throughout the land.
John Welch gives us more information about how the system functioned.
“Although the law of Mosiah allowed the people to select judges, it does not appear that these judges had the power to create law itself. The law that they applied was ‘given them’ by Mosiah (Mosiah 29:39), and the laws under which they acted were remembered several generations later as the ‘laws of Mosiah’ (Helaman 4:22).
“Like other ancient lawgivers, who often drew on divine sources in legitimizing their laws, Mosiah gave the laws ‘which the Lord commanded him to give unto the people’ (Helaman 4:22) …The law of Mosiah primarily made procedural changes and probably did not make radical changes in the substantive rules of the law of Moses. Mosiah instructed the new Nephite judges to judge ‘according to the laws . . . given you by our fathers’ (Mosiah 29:25; italics [in original]), and twenty-two years later the Nephites were still ‘strict in observing the ordinances of God, according to the law of Moses’ (Alma 30:3). In its procedural and administrative enactments, the law of Mosiah can well be compared with the Israelite legal reform of King Jehoshaphat in 2 Chronicles 19:5-11.” [1] (Unless noted, emphasis mine)
Paul Rytting adds:
“In place of kingship, Mosiah created a unique system of judges subject to the voice of the people. From what is known about this legal reform, it appears that each judge was chosen by popular voice, ‘that every man should have an equal chance’; higher judges judged the lower judges, and a selected body of lower judges judged the higher judges (Mosiah 29:25—29, 38). This law set new precedents by providing that judges should be paid; it also established an Egyptian-style system of measures for exchanging various grains and precious metals (Alma 11:1, 4—19), prohibited all forms of slavery (Alma 27:9), imposed a severe punishment on those who would not pay their debts (Alma 11:2), and granted liberty of belief (Mosiah 29:39; Alma 30:11). The people accepted the law of Mosiah and selected their judges, including Alma2 as the first chief judge.” [2] (Emphasis mine)
42 And it came to pass that Alma was appointed to be the first chief judge, he being also the high priest, his father having conferred the office upon him, and having given him the charge concerning all the affairs of the church. 43 And now it came to pass that Alma did walk in the ways of the Lord, and he did keep his commandments, and he did judge righteous judgments; and there was continual peace through the land. 44 And thus commenced [91 B.C.] the reign of the judges throughout all the land of Zarahemla, among all the people who were called the Nephites; and Alma was the first and chief judge.
Mosiah 29:42-44 (Emphasis mine)
Being head of government and the high priest was combined again with the appointment of Alma(2) as the chief judge. This was quite the responsibility for Alma(2). He tells us this while preaching to the people of Gideon. We learn that “is the first time that I have spoken unto you by the words of my mouth, I having been wholly confined to the judgment–seat, having had much business that I could not come unto you” (Alma 7:1).
Mormon tells us he “did walk in the ways of the Lord and he did keep his commandments, and he did judge righteous judgments.”
John Welch explains this “major political reform in Nephite history.”
“The major political reform in Nephite history, that of shifting from a kingship to the chief judgeship (see Mosiah 29:44), came thirty years after Benjamin's death (see Mosiah 29:46). Theologically, the baptizing church that was established in Zarahemla by Alma1 became very influential during this period, developing clearer doctrines concerning God, the atonement, faith, and personal conversion. New legislation was introduced regarding the judicial system, and the Nephite weights and measures were standardized (see Alma 11:4–19). A new system for counting the years of the judges was adopted, and the Nephites won battles aided by improved breastplates and shields never mentioned earlier in the Book of Mormon. Even the Zoramites did not yet have this equipment (see Alma 43:21) but would soon copy it (see Alma 49:6). The solid cultural foundation laid by King Benjamin made it possible for Nephite civilization to flourish during the three or four generations that followed his reign.” [3]
45 And now it came to pass that his father died, being eighty and two years old, having lived to fulfil the commandments of God. 46 And it came to pass that Mosiah died also, in the thirty and third year of his reign, being sixty and three years old; making in the whole, five hundred and nine years from the time Lehi left Jerusalem. 47 And thus ended the reign of the kings over the people of Nephi; and thus ended the days of Alma, who was the founder of their church.
Mosiah 29:45-47 (Emphasis mine)
Alma(1) dies at the age of eighty-two, “having lived to fulfill the commandments of God.” Next, Mosiah(2) dies at the age of 63. Mormon begins the book of Alma praising Mosiah(2). He wrote that “king Mosiah having gone the way of all the earth, having warred a good warfare, walking uprightly before God, leaving none to reign in his stead; nevertheless he had established laws, and they were acknowledged by the people; therefore they were obliged to abide by the laws which he had made” (Alma 1:1).
Gordon Thomasson gives an excellent summary of the book of Mosiah.
“The book of Mosiah is possibly the most carefully composed book in the Book of Mormon concerning a single period of history. Parts of it were written by Mosiah, son of Benjamin, and he incorporated the records of others (Limhi, Alma, et al.) in his work. Others later condensed the record and wrote certain things Mosiah was unlikely to have said about himself, putting such comments in the third person (Mosiah 6:6–7), and adding details such as the death of Mosiah (Mosiah 29:46–47). At some point in the text's history, it was given its overarching and undergirding chiasmic form and what I have chosen to call its ‘dialectical style.’ Mosiah's reign was important in Nephite history in the eyes of those who abridged the book. The book, as we have it, is clearly an interpretive and analytical retrospective history, not a daily journal or chronology.” [4] (Emphasis mine)
[1] The Law of Mosiah, John W. Welch, Provo, Utah: Maxwell Institute, accessed February 15, 2012.
[3] Benjamin, the Man: His Place in Nephite History, John W. Welch, Provo, Utah: Maxwell Institute, accessed February 15, 2012.
[4] Mosiah: The Complex Symbolism and Symbolic Complex of Kingship in the Book of Mormons, Gordon C. Thomasson, Provo, Utah: Maxwell Institute, accessed February 15, 2012.
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