_Lower Tribunals._--The lowest order of Hebrew tribunal was the Court of
Three, composed of judges selected by the litigants themselves. The
plaintiff chose one member, the defendant selected another, and these
two chose a third. A majority opinion decided all questions. In the
later years of Jewish nationality, it was thought best to have at least
one authorized jurist (mumcha) in the Court of Three. This particular
judge was probably an appointee of the Great Sanhedrin from among the
young disciples (Zaken or Rabbis). This appointment was doubtless
intended to give repute to the local court and experience to the legal
aspirant, as well as to furnish a possible recruit to the Great
Sanhedrin.[119]
These courts corresponded very nearly to the modern courts of Justices
of the Peace. Their jurisdiction extended to civil matters of small
importance and to petty criminal offenses. They were not permanent,
being more in the nature of referees or arbitrators, and sat only when
occasion required. Their sessions were public and were held in the open
air under trees, or at the city gate.
Thus much for the judicial system of courts and judges among the ancient
Hebrews. It was simple in the extreme, democratic to the core, and seems
to have been thoroughly reliable and effective. It was founded upon
universal suffrage, subject only to the general supervision and
occasional appointments of the Great Sanhedrin. The judges were ever in
touch with the sympathies and the best interests of the people.
_Peculiarities of the Hebrew System._--Certain very striking
peculiarities marked the Hebrew system:
(1) There were no lawyers or advocates. These judicial disputants have
been known to every other system of enlightened jurisprudence. But there
were no Ciceros, Erskines, Choates among the ancient Hebrews. The judges
were the defenders as well as the judges of the accused. It may be
easily read between the lines that the framers and builders of the
Hebrew judicial system regarded paid advocates as an abomination and a
nuisance. King Ferdinand, of Spain, seems to have had the Hebrew notion
when, more than a thousand years after Jerusalem fell, he sent out
colonists to the West Indies, with special instructions "that no lawyers
should be carried along, lest lawsuits should become ordinary
occurrences in the New World."[120] Ferdinand evidently agreed with
Plato that lawyers are the plague of the community.[121]
(2) There was no secret body, with the accusatory functions of the
modern Grand Jury, connected with the ancient Hebrew judicial system.
The witnesses were the accusers, and their testimony constituted both
the indictment and the evidence.
(3) There were no public prosecutors or State's attorneys known to the
Hebrew system. Here, again, the witnesses were the informants,
prosecutors, and, in capital cases, executioners of the accused.
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