The Law of Witnesses in the Book of Mormon

 

 

 

 

 

 

 

By Mark R. Hales

 

 

 

 

 

 

 

 

 

 

 

 

 

Law in the Ancient Near East, Bible, and Book of Mormon

Law 607

Fall 2002

Professor John W. Welch

TABLE OF CONTENTS

 

I.      INTRODUCTION TO THE LAW OF WITNESSES. 1

II.         EXAMPLES OF THE LAW OF WITNESSES IN BOOK OF MORMON.. 2

1.     Property Transactions. 2

A.    Real Property. 3

B.     Personal Property. 6

2.     Legal Trials. 7

A.    The Accusation/Complaint 7

B.     The Trial 11

C.    The Sentence. 13

3.     Political Activities. 14

A.    Election of their leaders. 14

B.     Choosing the type of government 15

C.    Legislative Actions. 16

D.    Joining a group or changing of names. 17

4.     Military Activities. 18

5.     Religious Activities. 19

III.       CONCLUSION.. 21

 

I.                     INTRODUCTION TO THE LAW OF WITNESSES

             A requirement to legal transactions in ancient times was the necessity of witnesses (Deuteronomy 19:15).[1]  Without witnesses, legal activities were void; for example, “contracts were considered invalid unless there were witnesses present and their names inscribed at the end of the text.”[2]  To establish legal charges or accusations, at least two witnesses were required (Deuteronomy 17:6-7);[3] often, the accusers were the witnesses.[4]  Witnesses were also needed in the trial and judgment;[5] additionally, it was typical for the same witnesses that made the accusation to be used to execute the judgment or sentence.[6]  Besides legal trials, witnesses were necessary for purchasing property,[7] creating a bailee/bailor contract,[8] disputing over the legal status of a potential slave,[9] dividing up inheritances,[10] marriage agreements,[11] accounting issues,[12] shipping records,[13] records in private achieves,[14] undocumented transactions,[15] and other certain dealings.[16]  In summary, “being a witness was not simply a passive function but carried some responsibility.”[17]

The purpose of this paper is to explore the different legal transactions in the Book of Mormon to demonstrate that the Nephites and Lamanites also followed the law of witnesses.  Within this paper I will discuss the usage of witnesses for various property transactions, legal proceedings, and several other legal and nonlegal activities within the Book of Mormon.  With this discussion, it will be evident that many of the ancient inhabitants of the Americas, as with those in geography of Near Eastern and Eastern Mediterranean, followed the two-witness rule.

II.                  EXAMPLES OF THE LAW OF WITNESSES IN BOOK OF MORMON

Throughout the history of the Ancient America, as found in the text of the Book of Mormon, there is evidence that the Nephites and others lived the law of witnesses.  The different transactions to be discussed are those involving:  property transactions, legal trials, politics activities, military actions, and religious events.

1.      Property Transactions

A typical legal transaction involved property.  If a purchaser did not have a written documentation or a witness of a valid purchase, then the purchaser was considered a thief.[18]  To prevent this, both the owner and purchaser were required to provide witnesses.[19]  Often, important business transactions took place in a specific location, where witnesses would be present.  These witnesses were called “people of the gate.”[20]  In the Book of Ruth, Boaz took his shoe off in front of these types of witnesses as proof of purchasing Ruth and her property (Ruth 4: 1-11).  To discuss property, I have separated the transactions into those that involve real property and personal property.

A.     Real Property

The oldest legal documents discovered involve the sale of land in Mesopotamia.[21]  In the Bible, the prophet Jeremiah took with him witnesses when he purchased Hanameel’s field in Anaththoth (Jeremiah 32:6-16).[22]  The purpose of witnesses of land transactions was to verify the actual owner of land if a future proprietorship dispute arose.

With a small population during the first few years of the people of the Book of Mormon, few documented transactions of real property were necessary.  After Lehi and his family landed in the promised land, they established the land of first inheritance (1 Nephi 18:23).  Soon after, the Nephites separated themselves and formed the land of Nephi (2 Nephi 5:6-8).  As the population grew, the law of witnesses became apparent.  A common need of witness was when a particular group of people requested to possess a specific city.  One example was that of Zeniff and those with him, Nephites who lived around 200 B.C. (Mosiah 9:1).[23]  Zeniff had a great desire to inherit the land of his fathers, so he and four of his men went into the Laman, king of the Lamanites, to “know if [they] might go in with [their] people and possess the land [of Lehi-Nephi] in peace” (Mosiah 9:5).  Even though Laman intended to bring Zeniff and his people into bondage, he covenanted with Zeniff and his four men that their people could possess the land of Lehi-Nephi, while the Lamanites would depart out of the land (Mosiah 9:6-7).  Under this land transfer, though the transaction took place between Zeniff and Laman, four additional men witnessed the transaction.

As seen with Zeniff, it was typical, when people were given a certain city to posses, for the land transfer to be consummated in front of many people.  Another example includes the people of Limhi, which also represents the use of oaths in a property transaction for “[o]ccasionally, parties took oaths when making a contract.”[24]  When the Lamanites invaded the land of Lehi-Nephi, the king of the Lamanites made an oath unto Limhi,[25] the current king of the Nephites, and his people wherewith the Lamanites would allow the Limhi to retain possession of the land of Nephi if the Nephites in return would pay a tax of “one half of all that they possessed” (Mosiah 19:15-25).  Limhi agreed to these terms, and in return made an oath unto the King of the Lamanites that his people would pay the requested tribute (Mosiah 19:26).  Several witnesses to this transaction were Gideon and his men.  To prevent future problems, Gideon and his men were sent to find several of the priests of Noah who had fled with King Noah when the Lamanites attacked.  These priests were seeking to attack the Lamanites when Gideon and his men told them of their ability to possess the land of Nephi in relative peace (Mosiah 19:22).  The fact Gideon and his men were witnesses prevented continued war. 

This pattern of witnesses to real property negotiations is further seen when the Nephites allowed the Anti-Nephi-Lehies to possess the land of Jershon.  When Alma and his brethren returned to Zarahemla, they talked with Nephihah, the chief judge, about what they accomplished in the land of Nephi.  Having a desire to help the people of Anti-Nephi-Lehi, Nephihah “sent a proclamation throughout all the land, desiring the voice of the people concerning admitting their brethren, who were the people of Anti-Nephi-Lehi, among the Nephites.  And it came to pass that the voice of the people came, saying: Behold we will give up the land of Jershon . . . for an inheritance” (Alma 27:21-22).  In addition to giving them land, the Nephites agreed to provide military protection (Alma 27:23-24).  In informing the Anti-Nephi-Lehies Ammon, Alma, Aaron, and the other brethren present with the chief judge, corroborated all that was made known unto them concerning the possession and protection of the Anti-Nephi-Lehies (Alma 27:25). 

When searching for particular locations, several men were generally sent.  King Mosiah, for example, commanded “sixteen of their strong men [that they] might go up to the land of Lehi-Nephi, to inquire concerning their brethren” (Mosiah 7:2); similarly, Limhi sent several brethren to find the land of Zarahemla (Mosiah 21:23); and Ammon, the leader of these men, specifically took with him Amaleki, Helem, and Hem to meet with the king (Mosiah 7:3-8).  Obviously, sending several men might increase the chance of finding the proposed locations, but in addition, it provides witnesses to any potential transaction that may occur.  For if only one or two men are sent to a city, they are often bond, captured, and imprisoned.[26]  Such was not the case when a group of people came into the city. 

Similarly to possession of property, the naming of cities was generally done by the voice of the people.  Often, the names of the cities were based on one of the founders.  Specific examples include: the valley of Alma (Mosiah 24:20), the city of Ammonihah (Alma 8:7), the land of Amulon (Mosiah 23:31), the city and valley of Gideon (Alma 6:7; Alma 2:20), and the land of Nephi (2 Nephi 5:8).

B.     Personal Property

Since personal property is moveable, witnesses to personal property transactions are imperative to prove ownership.  Without a witness to a purchase of personal property, the purchaser will be considered a thief.[27]  The problem of not having a witness on both sides of the transaction occurred early in the Book of Mormon and caused major problems for hundreds of years between the Nephites and the Lamanites.  Once Lehi and his family landed in the land of promise, they established the land of the their first inheritance (1 Nephi 18:23).  But, after several years of disputations between the families of Nephi and Laman, the Nephites left the main group and brought with them the plates of brass, the Liahona, and the sword of Laban (2 Nephi 5:5-14).  Since Laman was the oldest son of Lehi, it was his right to retain possession of the brass plates, but by Nephi taking this property the Lamanites felt that the Nephites had the property had been stolen (Mosiah 10:13-16).  Because the Lamanites felt that they were “wronged” they taught their children to hate, murder, rob, and plunder the Nephites (Mosiah 10:17).  Legally, since Nephi did not have a witness when he obtained the brass plates and other possessions, he would have been considered a thief, and thus the Lamanites had a legitimate argument against Nephi.  If Nephi had negotiated a witnessed transaction permitting him ownership of the plates, the Lamanites would not have a legal argument basis for their hatred toward the Nephites. 

Prior to leaving the land of Jerusalem, Lehi requested his sons to obtain these same brass plates from Laban.  When Laman first attempted to obtain the plates on his own, Laban cast him out of his house and called him a robber (1 Nephi 3:13).[28]  Later, when Laman and all of his brethren attempted to purchase the plates, they were chased away by the servants of Laban (1 Nephi 3:23-27).  Finally, when Nephi had killed Laban, he requested Zoram “go with [him] into the treasury” (1 Nephi 4:20).  Even though he was not Laban, Nephi obtained a witness in retrieving the plates.  Obviously requesting Zoram to retrieve the plates was not to later verify ownership if needed, but possibly to follow a legal procedure; to do otherwise could have tipped off Zoram of Nephi’s Laban disguise.

2.      Legal Trials

Another common legal occurrence involving the use of witnesses were trials.  I will not specifically analyze the legal context of each trial, but just point out the use of witnesses while bringing forth an accusation or complaint, during the trial itself, and in carrying out the sentence.

A.     The Accusation/Complaint

To establish a valid legal procedure able to enforce a judgment, “the aggrieved party had to physically bring the perpetrator before the judges.”[29]  One of the best examples of such a legal proceeding is the trial of Abinadi.  When Abinadi entered the city of Nephi, he began to preach repentance among the people and prophesy that God will destroy them (Mosiah 12:1-8).  Abinadi’s words were not accepted well, and the citizens “were angry with him; and they took him and carried him before the king” and accused Abinadi of false prophesy (Mosiah 12:9-13).  As Abinadi confounded the priests of Noah, they continued to accuse Abinadi of additional crimes (Mosiah 17:12).  During Abinadi’s trial, one of the Priests of Noah, Alma, believed Abinadi’s words and defended his actions.  Because of Alma’s verbal actions in defense of Abinadi, the remaining council of Priests accused Alma of his own crimes, chased him from out of the city, and attempted to kill him  (Mosiah 17:2-3).

Another example of an individual being physically brought by the people before the judiciary is Nehor.  During Alma’s first year in his judgment seat, Nehor began to preach that the people should support priests and teachers, and that God will redeem all men regardless of their level of repentance (Alma 1:3-6).  During Nehor’s preaching, he was confronted by Gideon, wherewith Nehor killed Gideon by the sword (Alma 1:7-9).  It was because of this murder, that Nehor “was taken by the people of the church, and was brought before Alma, to be judged according to the crimes which he had committed” (Alma 1:10).

A further example of the necessity of following the law of witnesses for accusations involved Alma and Amulek.  After Alma and Amulek preached unto the people of Ammonihah, the people became angry and felt that Alma and Amulek had “lied unto them, and had reviled against their law and also against their lawyers and judges,” the people of Ammonihah, first “sought to put them away privily” (Alma 14:2-3).   But, because of the law of witnesses, the people of Ammonihah instead “took [Alma and Amulek] and bound them with strong cords, and took them before the chief judge of the land” and testified that they  “had reviled against the law, and their lawyers and judges of the land, and also of all the people that were in the land” (Alma 14:4-5). 

The satisfaction of the law of witnesses is also evidenced within the accusation of Paanchi, one of the sons of Pahoran I vying to become the chief judge around the “fortieth year of the reign of judges over the people of Nephi” (Helaman 1:1).  When Paanchi lost his bid for the judgment seat to his brother Pahoran, he “was exceedingly wroth; therefore he was about to flatter away those people to rise up in rebellion against their brethren” (Helaman 1:7).  Because of his attempted rebellion, “he was taken” by the people of Nephi before the chief judge to be “tried according to the voice of the people” (Helaman 1:8).

The people of Zarahemla also followed the law of witnesses when they accused Nephi, the son of Helaman, of the murder of the chief judge Seezrom.  While in the garden of Nephi near the city of Zarahemla, Nephi sent five messengers to verify, “the chief judge had fallen to the earth and did lie in his blood” (Helaman 9:1-3).  When these five messengers arrived and saw the chief judge dead, they knew Nephi had spoken the truth and they fell to the earth (Helaman 9:5).  Meanwhile, prior to the messengers arriving at the judgment-seat, several of Seezorm’s servants saw Seezrom dead, and ran out among the people crying murder (Helaman 9:6).  As Seezorm’s servants returned with a multitude from the city, they saw the five messengers sent by Nephi passed out near the Seezorm’s body, and quickly accused them of murder (Helaman 9:7-8).  Now, since there was a different crowd that gathered in the garden when Nephi sent out the five messengers, these people could testify to the innocence of the messengers  (Helaman 9:11).  Though these five men contended that Nephi was innocent, the circumstances led the people to believe that Nephi had conspired to murder Seezrom (Helaman 9:12-17).  So, the group present “caused the Nephi should be taken and bound and brought before the multitude” to be tried (Helaman 9:19).

To prevent false accusations, witnesses were also used.  One example includes Aaron and the king of the Lamanites.  After Aaron expounded the scriptures to the king, the king prayed to God to have his sins taken away (Alma 22:2-18).  After the king’s prayer, “he was struck as if he were dead” (Alma 22:18).  In response, his servants rushed to tell his wife, who admittedly accused Aaron of murder and commanded these same servants to kill Aaron (Alma 22:19-23).  But, because the servants witnessed the event, they knew that Aaron was not a murder and refused the queen’s order.  Similar circumstances occurred with Ammon and the king’s son, Lamoni (Alma 18-19). 

Because of the law of witnesses, unfortunately, witnesses were often used to corroborate lies and misdeeds.  The prime example is Amalickiah, who used treachery, murder, and intrigue to become king of the Lamanites.  When the existing king of the Lamanites came out to greet Amalickiah and some his men, one of Amalickiah’s servants murdered the king (Alma 47:22-24).  In fear of their own life, the servants of the king that witnessed his slaying fled.[30]  (Alma 47:25).  In response, the servant’s of Amalickiah, to cover their actions, blamed the murder on the king’s servants crying, “behold, the servants of the king have stabbed him to the heart, and he has fallen and they have fled; behold, come and see” (Alma 47:26).  To gain the support of the people, Amalickiah “pretended to be wroth” and commanded his armies, and all that loved the king to come forth and purse after the servants of the king (Alma 47:27-29).  Though Amalickiah’s army did not capture the king’s servants, the Lamanites believed in the lies of Amalickiah and his men that the king’s servants were those that assassinated the king (Alma 47:30).  To testify the queen, Amalickiah took the same servant that actually killed the king, and all those that were with him, and “testified unto her that the king was slain by his own servants” (Alma 47:32-34).  It was because of the verified testimony of Amalickiah and his witnesses, that the queen believed that the king’s former servants murdered her husband (Alma 47:34-35).  Through the corroborated abuse of the law of witnesses, Amalickiah used the queen’s trust to gain her favor, marry her, and become the king of the Lamanites.

Other situations of witness making accusations include times when prophets were captured by the people and taken before the king/chief judge, thrown into prison, or cast out of the city.  Examples include: Ammon (Alma 17:20), Nephi and Lehi (Helaman 5:21), and Samuel the Lamanite (Helaman 13:1).

B.     The Trial

As with accusations, a trial before a legal authority required the presence of witnesses.[31]  After being cast into prison, Abinadi stood trial before King Noah and the council of King Noah’s Priests to be questioned so “that they might cross him, that thereby they might have wherewith to accuse him” (Mosiah 12:17-19).  After Abinadi confounded their words, he was again placed in prison for three days, but brought back in front of the king and his counselors where King Noah officially accused Abinadi of crimes and asked how he would plead (Mosiah 17:6-12).  It is before these witnesses, that Abinadi refused to recall his words and accepted the fate of his peers.

The trial of Nehor was simple, and in front of his accusers, Nehor was condemned to die by Alma, the chief judge (Alma 1:12-14).  During Alma and Amulek’s trial, all was done before the chief judge of the land (Alma 14:4).  Now, this chief judge was the local administrator and not the highest judicial authority Nephihah, to whom Alma had appointed to his judgment seat (Alma 4:16-17).  Before this judge, the people brought forth their accusations of Alma and Amulek, while Zeerom, Alma and Amulek’s witness, testified in their behalf.  After their initial trial and the execution of many believers of Christ, Alma and Amulek are cast into prison wherewith many lawyers, judges, priests, and teachers again questioned them (Alma 14:17-26).  But Alma and Amulek remained silent and did not responded to their questioning.  But, as their persecution in prison continued, eventually the chief judge, and those with him, challenged Alma and Amulek to break their bands to testify of the truthfulness of their words.  In doing so, the power of God was manifested, Alma and Amulek broke their bands, and the prison walls came down killing everyone but Alma and Amulek (Alma 14:29).  As they were leaving the fallen prison, a multitude gathered and witnessed Alma and Amulek leave without harm.

There is little mentioned about the trial of Paanchi, but the law of witnesses was still exhibited.  After Paanchi’s defeat for the position of chief judge, he tried to rebel against his brothers.  Because of his attempted rebellion “he was taken, and was tried according to the voice of the people, and condemned unto death” (Helaman 1:8).  As with his accusation, Paanchi’s case also demonstrates the use of witnesses during the trial.

Not only did the people of Zarahemla use the law of witnesses to accuse Nephi, but Nephi himself used this same law exonerate himself of false accusations.  Within the trial of Nephi, the five messengers that Nephi sent were acquitted because of the testimony of the judges and others that had gathered in the garden of Nephi when Nephi had sent them to the house of Seezoram.  Even though these messengers testified to the innocence of Nephi, he was arrested and taken before the multitude where several judges, one by one, attempted to confound and cross him so “that they might accuse him to death” (Helaman 9:16-20).  But, to defend himself, Nephi prophesied how Seantum would confess to the murder of Seezoram (Helaman 9:25:36).  While Nephi remained under the watchful eye of his accusers and the judges, to substantiate Nephi’s claims several witnesses went unto Seantum wherewith, Seantum confessed as Nephi had prophesied, thus again proving the innocence of Nephi (Helaman 9:37-38).  It was this last act that finally liberated Nephi.

C.     The Sentence

As stated previously, often the witnesses under the Ancient Near East and the Mosaic Law executed the judgment or sentence.[32]  This is also true in the Book of Mormon.  Returning to the trial of Abinadi, it was the priests of Noah that executed the death sentence on Abinadi for reviving against the King (Mosiah 17:12-20).  Though this was not the original charge the people brought before the king, it was the accusations of the priest’s of Noah themselves that resulted in Abinadi’s death. 

In regards to Nehor, the same people of the church that brought Nehor to Alma (the chief judge at the time), after his death sentence, took him and “carried him upon the top of the hill Manti . . . [where] he suffered an ignominious death” (Alma 1:15).

In the trial of Alma and Amulek, though the chief judge rendered no legal judgment, the people punished Zeerom for his “false testimony” by spitting in his face, and casting him from among the people, along with all those that also believed in the words of Alma and Amulek (Alma 14:7).  To punish those followers of God that were cast out, the men were stoned while the women and children were thrown into a fire (Alma 14:7-9).  While Alma and Amulek were required to watch the punishments of their followers, the chief judge “smote them with his hand upon their cheeks” (Alma 14:14-17).  Alma and Amulek were later sent back to prison where they were mocked, slapped, spit upon, bound with strong cords, and had no food, drink, or clothes (Alma 14:18-25). 

3.      Political Activities

Besides legal transactions and trials, witnesses were used in other aspects of the government or political environment since “[o] ne of the most important functions of an government is the administration of a legal system.”[33]  Examples include: deciding who should be a group’s ruler, selecting what type of government should be used, requesting a change of the law, or becoming a citizen of a existing or new civilization.

A.     Election of their leaders

By the voice of the people kings, judges, and military leaders were elected.  Though the appointment of new king was recognized as a divine decision, the people to show their support of a new king, often acclaimed “the popular blessing of ‘long live the king.’”[34]

Just as the Nephites were establishing themselves, they sought Nephi to be their first king (2 Nephi 5:18).[35]  Most of the other kings in the Book of Mormon were not elected by the people, but inherited the throne and had their authority conferred upon them by the current king.    Exceptions occurred when outsiders, as with Amalickiah, used murder and power to become king (Alma 46-47).  Current kings also received support of people joining their cities.  For example, the Mulekites also appointed Mosiah to be their king, when they joined the Nephites in the city of Zarahemla (Mosiah 25:12). 

Often, small groups became distraught over the current government regime and elected their own king.  This occurred either by breaking off and creating your own following, as with Amlici (Alma 2:9-10) and Amalickiah (Alma 47:6), or by completely taking over the city and establishing your own king, as with the king-men (Alma 61:4-8).  The Gadination Robbers also elected their leaders; for Kishkumen (Helaman 1:11-12), Gadination (Helaman 2:4-5), and Jacob (3 Nephi 7:9-10) were placed in power by the voice of their people. 

Other types of leaders were elected by the voice of the people.  During the reign of judges, the Nephites elected their local judges and many of the chief judges.[36]  These wise men would be appointed by the people to judge “according to the commandments of God” and laws of the land (Mosiah 29:11,25).  After the reign of judges ended, the people elected their tribal leaders (3 Nephi 7:3).  Both Captain Moroni (Alma 46:34)[37] and Captain Mormon (Mormon 2:1) were appointed as military leaders by the voice of the people.  The actions of the military leaders will be discussed later.

B.     Choosing the type of government

Unique to the Nephites, was the opportunity to choose their type of government.  While the Lamanites continued to have a king, the Nephites established three different types of governmental systems involving kings, judges, and tribal leaders.  Whenever there was a change in the governmental structure, or a challenge to switch to a different type of government, it was the people that chose which style of government they wanted.  Thus, with people selecting their method of government, the law of witnesses was fulfilled. 

When the Nephites first formed, they desired their government to be ruled by a king and named Nephi their king (2 Nephi 5:18).  This governmental system lasted for over 400 years until King Mosiah II suggested a government controlled by judges elected by the people (Mosiah 29:11-47).  The people accepted this proposed government style, and elected Alma as the first chief judge (Mosiah 29:42). 

Soon after the reign of judges began, Amlici desired a reestablishment of the reign of kings (Alma 2:1-4).  So, the people gathered together and voted to retain the reign of judges (Alma 2:5-7).  In revolt of the choice of the people, Amlici and his followers joined the Lamanites and stirred up a battle against the Nephites (Alma 2:7-31).  A similar election occurred between the freemen and the king-men (Alma 51:1-8).  Unlike Amlici, after the king-men’s defeat, the king-men were silent on their cause for they “durst not oppose but were obligated to maintain the cause of freedom” since the “voice of the people came in favor of the freemen” (Alma 51:7).[38] 

The Nephites selected a third type of government after chief judge Lachoneus II was murder.  Under this new tribal government did “every tribe did appoint [an individual] chief or leader” (3 Nephi 7:3).

C.     Legislative Actions    

During the reign of the judges, the voice of the people also initiated legislative actions to change existing laws.  The Book of Mormon shares two examples of legislative actions instituted by the Nephites.  The first involved the king-men.  When the king-men were denied their political objectives, though the king-men remained silent, they still were unhappy and refused to take up arms in defense of the Lamanites (Alma 51:1-13).  In response, the people of Zarahemla, under the assistance of Captain Moroni, sent a petition unto Pahoran, the chief judge and governor, to change the law and allow Moroni the power to compel all dissenters to defend their country or be put to death (Alma 51:13-15).  This was the first time that the Nephites handled such “contentions and dissentions among the people” so the law had to be altered in response (Alma 51:16).  The governor supported the request of the people, and the laws of the land were changed (Alma 51:16).

A later example of the Nephites taking legislative action was due to judges secretly murdering prophets.  In response, the Nephites sent a complaint to their governor informing him of the judge’s illegal acts, hoping that the governor would take action (3 Nephi 6:21-25).  Unfortunately, the chief judge was also murdered before any action could be taken (3 Nephi 7:1).

D.     Joining a group or changing of names

Citizenship often bestowed significant privileges.[39]  A person’s privileges, protections, and duties were based on “belonging to a family, clan or tribe.”[40]  Because of the importance of belonging to a specific group of people, whenever an individual or individuals desired to form their own society, or to join a different society, they expressed this desire in front of witnesses.  Some examples include when:  Zoram joined with Nephi and his brethren (1 Nephi 4:33-35); the Mulekites became Nephites while assembled together (Mosiah 25:1-13); the Amilcites, as a group, joined the Lamanites (Alma 2:24); many Lamanites and Zormaites joined the Anti-Nephi-Lehies (Alma 25:13; Alma 35:6-7; Alma 62:16-17);[41] and converted Lamanites united with the Nephites and “became white like unto the Nephites” (3 Nephi 2:14-15).

Similar to that of joining a new civilization, when people formed their own group, they would decide what name they were to be called by.  Those with Nephi desired to be called Nephites (2 Nephi 5:9).  Other groups similar formed, namely: “Jacobites, Josephites, Zoramites, Lamanites, Lemulites and Ismaelites” (Jacob 1:13).[42]  These major societies existed unto the time of Christ, until there became no “Lamanites, nor any manner of ites, but; they were one, the children of Christ, and heirs to the kingdom of God” (4 Nephi 1:17).  Eventually the Lamanites were reestablished (4 Nephi 1:20); in time, all of the other five original groups were again formed (4 Nephi 1:35-38).  Several times people changed their name to “be distinguished from their brethren” (Alma 23:16).  This change was serious, and was supported by the voice of the people.  Many converted Lamanites called themselves Anti-Nephi-Lehies (Alma 23:17); later these people called themselves the people of Ammon (Alma 27:26).

4.      Military Activities

The actions of military leaders were heavily scrutinized, for laws prevented officers from abusing their power or forming illegal treaties.[43]  Because of this, military leaders followed the law of witnesses.  The most common occurrence was during negotiations between opposing parties.  One example is the meeting between Lehonti and Amalickiah (Alma 47:10-14).  Because of the need of witnesses, Amalickiah was very specific in his request to have Lehonti  “bring his guards with him” (Alma 47:12).  Not only did Lehonti bring his guards for protection, but also to substantiate any potential agreement. 

Another example is the settlement offer by Captain Moroni to Zerahemna.  After overtaking Zerahemna and his men, Moroni requested Zerahemna to surrender and take an oath of peace in front of all the soldiers (Alma 44: 1-9).  Though Zerahemna refused to surrender and to take an oath unto the Nephites, there were witnesses on both sides available to testify of Zerahemna’s actions.  Other groups made oaths or covenants in regards to fighting:  The king of the Lamanites made an oath not to slay the people of Limhi (Mosiah 19:25); the Anti-Nephi-Lehies made a covenant never to fight again (Alma 24:7-18); the Nephites covenanted to protect the Anti-Nephi-Lehies (Alma 27:23-24); the Lamanite chief captains swore to each other to attack the land of Noah (Alma 49:13,17); and the sons of Helaman, who were children of the Anti-Nephi-Lehies, covenanted to go to war (Alma 53:16).  The importance of witnesses associated with oaths is complex and is not discussed in depth in this study.

The uses of witnesses were also used in forming military and governmental factions.  The most common alliance was the Gadination Robbers.  Kishkumen, Gadination, Jacob, and others seeking to establish power over the people formed this band of secrecy by swearing oaths and covenants (Helaman 1:9; Helaman 2:3-5; Helaman 6:21-32).[44]

5.      Religious Activities

Though there are distinctions between religion and law, religion and law were intertwined.  “Hebrew tradition did not distinguish between the norms of religion, morality, and law.”[45]  God himself gave the Law of Moses, and “was said to supervise the judges.”[46]  Because of the importance of God, the law of witnesses was seen in many religious aspects or ceremonies. 

Typically, it was the outward religious rituals that required witnesses.  Among the Nephites, baptisms required witnesses. (Mosiah 18:8-16; Alma 15-6-12; Helaman 5:18).  Other outward symbolic religious acts were oaths and covenants.  One example of people making religious oaths or covenants was the people of Zarahemla.  After King Benjamin spoke to the people about serving God and each other, keeping the commandments, among other things, the people of Zarahemla covenanted “to be obedient” to God’s commandments (Mosiah 5:5). 

Beyond just religious symbols and ordinances, more than one individual generally witnessed angelic visitations.  After Nephi and his brothers failed a second time to get the plates of brass from Laban, Laman and Lemuel began to beat Nephi with a rod.  As this was occurring, an angel appeared unto them and commanded Laman and Lemuel to stop beating Nephi and told them that Laban would be delivered unto their hands (1 Nephi 3:29).  A second angelic visit occurred while Alma the Younger and the Sons of Mosiah were rebelling against God and leading many of the people astray.  In response, “an angel of the Lord appeared unto them” and commanded them to repent.  (Mosiah 27:11-18; Alma 17:2).  

As stated above, witnesses were needed in making legal accusations; the same principal applied with religious accusations.  To be brought before the prophet to be judged for ones sins, witnesses were required.  When the non-believers created dissensions among the Nephites, witnesses brought them before Alma, the “authority over the church” (Mosiah 26:7-9).  Since these were purely religious violations, King Mosiah refused to judge them criminally (Mosiah 26:11-12).  But, as seen with Nehor, when you mixed religious and criminal actions, it was appropriate to be judged by the legal authorities (Alma 1:1-15).  Korihor, for his preaching, was captured by the people and taken before Alma, the high priest (Alma 30:20-21).  Other examples include Abinadi (Mosiah 12:9), Alma and Amulek (Alma 14:1-4), Ammon (Alma 17:20), and Helaman’s sons Nephi and Lehi (Helaman 5:21; Helaman 9:19).[47]

III.               CONCLUSION

Out of the mouth of two to three witnesses shall every word be established (Deuteronomy 19:15; Matthew 18:16).  Not only is principle prophesying the coming worth of the Book of Mormon, but also sets forth the standard needed for legal transactions for the people of Ancient America.  As established in the laws of the Ancient Near East, the Nephites also practiced the law of witnesses by including witness with all property transactions, legal trials, elections, legislative proceedings, military actions, and religious activities.