The Talmud. 



in the lowest court of three judges. But before the court entered into 

 the merits of any case, it was their duty to try every thing in their power 

 to persuade the parties to an amicable settlement, among themselves. 

 " When," says the Talmud, u is the Psalmist's ideal realized — ' Mercy and 

 truth are met together, righteousness and peace have kissed each 

 other?' When the contending parties settle their difficulties amicably 

 among themselves, before they submit them to the court." The parties 

 that appeared before the court had to be dressed alike. It was not 

 allowed that one should be arrayed in costly garments, the other 

 poorly. The judges are repeatedly warned not to be partial to the rich 

 because he is rich, nor to the poor, because he is poor. " He who takes 

 unjustly the property of one man and adjudges it to another, be he 

 poor or rich, will have to pay for it with his own soul before the judg- 

 ment-seat of God." " As long as the parties are before thee (the judge), 

 consider them both guilty; but when they have received thy judgment 

 and leave the court, both shall be innocent in thy eyes." "Woe to 

 the judge who is convinced within his own mind of the justice or in- 

 justice of the case, and yet persuades himself that, according to the 

 evidence of the witnesses, he has to give judgment against his own con- 

 viction. " " Whenever the judge renders his decision, he shall imagine a 

 sword pointed at his heart ready to pierce it, in case of an unjust 

 judgment." These are maxims of the Talmud. The procedure of 

 examining the witnesses is prescribed thus: All the witnesses are first 

 to be assembled in one room and solemnly exhorted. You have to 

 represent to them that false witnesses are held in contempt even by 

 those who suborn them. Then all the witnesses have to leave the 

 room and only the oldest and most respectable of them shall remain 

 for examination. He is accosted, " Say on, how do you know that this 



A. owes to that B.?" If he says, ''A. himself told me so," or " an- 

 other man told me so," his evidence is inadmissible, unless he says 

 " A. has acknowledged before me and other witnesses that he owes to 



B. this and this sum (200 bus)." Then he is sent out and the other 

 witnesses are called in one after the other. In. case their evidence 

 agree, judgment is rendered; if not, the case is dismissed. 



Still more scrupulous was the mode of proceeding in criminal cases. 

 Every criminal case had to be brought at least to the minor Sanhe- 

 drim, consisting of twenty-three members. Circumstantial evidence 

 was excluded and even the confession of the accused to the crime com- 

 mitted was not accepted as evidence of his guilt. The judicial maxim 

 was " no man can declare himself a sinner," the same as "no man can 

 incriminate himself," only it was carried to a still further extent. The 



