From Livy, a single sentence will suffice:

In John xix. 19, 20 we read: "And Pilate wrote a title and put it on the cross; and it was written in Hebrew, and Greek, and Latin." That it was a custom among the Romans to affix the accusation against the criminal to the instrument of his punishment appears from several ancient writers, among them Suetonius and Dion Cassius. In Suetonius occurs this sentence: "He exposed the father of the family to the dogs, with this title, 'A gladiator, impious in speech.'"[36] And in Dion Cassius occurs the following: "Having led him through the midst of the court or assembly, with a writing signifying the cause of his death, and afterwards crucifying him."[37]

And finally, we read in John xix. 32: "Then came the soldiers and brake the legs of the first, and of the other which was crucified with him." By an edict of Constantine, the punishment of crucifixion was abolished. Speaking in commendation of this edict, a celebrated heathen writer mentions the circumstances of breaking the legs. "He was pious to such a degree," says this writer, "that he was the first to set aside that very ancient punishment, the cross, with the breaking of legs."[38]

If we leave the narrow circle of facts attendant upon the trial and crucifixion of Jesus with its corroborative features of contemporary history, and consider the Gospel narratives as a whole, we shall find that they are confirmed and corroborated by the facts and teachings of universal history and experience. An examination of these narratives will also reveal a divine element in them which furnishes conclusive proof of their truthfulness and reliability. A discussion of the divine or spiritual element in the Gospel histories would be foreign to the purpose of this treatise. The closing pages of Part I will be devoted to a consideration of the human element in the New Testament narratives. This will be nothing more than an elaboration of the fifth legal test of credibility mentioned by Starkie.

By the human or historical element of credibility in the Gospel histories is meant that likeness or resemblance in matters of representation of fact to other matters of representation of fact which we find recorded in secular histories of standard authority whose statements we are accustomed to accept as true. The relations of historic facts to each other, and the connections and coincidences of things known or believed to be true with still others sought to be proved, form a fundamental ground of belief, and are, therefore, reliable modes of proof. The most casual perusal of the New Testament narratives suggests certain striking resemblances between the events therein narrated and well-known historical occurrences related by secular historians whose statements are implicitly believed. Let us draw a few parallels and call attention to a few of these resemblances.

Describing the anguish of the Savior in the Garden, St. Luke says: "And being in an agony, He prayed more earnestly: And his sweat was as it were great drops of blood falling down to the ground."[39]

This strange phenomenon of the "bloody sweat" has been of such rare occurrence in the history of the world that its happening in Gethsemane has been frequently denied. The account of it has been ascribed to the overwrought imagination of the third Evangelist in recording the errors of tradition. And yet similar cases are well authenticated in the works of secular writers. Tissot reports a case of "a sailor who was so alarmed by a storm, that through fear he fell down, and his face sweated blood which, during the whole continuance of the storm, returned like ordinary sweat, as fast as it was wiped away."[40] Schenck cites the case of "a nun who fell into the hands of soldiers; and, on seeing herself encompassed with swords and daggers threatening instant death, was so terrified and agitated that she discharged blood from every part of her body, and died of hemorrhage in the sight of her assailants."[41] Writing of the death of Charles IX of France, Voltaire says: "The disease which carried him off is very uncommon; his blood flowed from all his pores. This malady, of which there are some examples, is the result either of excessive fear, furious passion, or of a violent and melancholic temperament."[42] The same event is thus graphically described by the old French historian, De Mezeray: "After the vigor of his youth and the energy of his courage had long struggled against his disease, he was at length reduced by it to his bed at the castle of Vincennes, about the 8th of May, 1574. During the last two weeks of his life his constitution made strange efforts. He was affected with spasms and convulsions of extreme violence. He tossed and agitated himself continually and his blood gushed from all the outlets of his body, even from the pores of his skin, so that on one occasion he was found bathed in a bloody sweat."[43]

If the sailor, the nun, and the king of France were afflicted with the "bloody sweat," why should it seem incredible that the man Jesus, the carpenter of Nazareth, should have been similarly afflicted? If Tissot, Schenck, and Voltaire are to be believed, why should we refuse to believe St. Luke? If St. Luke told the truth in this regard, why should we doubt his statements concerning other matters relating to the life, death, and resurrection of the Son of God? Does not Voltaire, the most brilliant and powerful skeptic that ever lived, corroborate in this particular the biographer of the Christ?

Let us pass to another instance of resemblance and corroboration. While describing the crucifixion, St. John wrote the following: "But one of the soldiers with a spear pierced his side, and forthwith came there out blood and water."[44] Early skeptical criticism denied the account of the flowing of blood and water from the side of the Savior because, in the first place, the other Evangelists did not mention the circumstance; and, in the second place, it was an unscientific fact stated. But modern medical science has very cleverly demonstrated that Jesus, according to the Gospel accounts, died of rupture of the heart. About the middle of the last century, a celebrated English physician and surgeon, Dr. Stroud, wrote a treatise entitled, "Physical Cause of the Death of Christ." In this book, he proved very clearly that cardiac rupture was the immediate cause of the death of Jesus on the cross. Many arguments were adduced to establish this fact. Among others, it was urged that the shortness of time during which the sufferer remained upon the cross and His loud cry just before "He gave up the ghost," tended to prove that a broken heart was the cause of the death of the Man of Sorrows. But the strongest proof, according to the author of this work, was the fact that blood and water flowed from the dead man when a spear was thrust into His side. This, says Dr. Stroud, has happened frequently when the heart was suddenly and violently perforated after death from cardiac rupture. Within a few hours after death from this cause, he says, the blood frequently separates into its constituent parts or essential elements: crassamentum, a soft clotted substance of deep-red color, and serum, a pale, watery liquid—popularly called blood and water, which will flow out separately, if the pericardium and heart be violently torn or punctured. In this treatise numerous medical authorities are cited and the finished work is indorsed by several of the most famous physicians and surgeons of England.

It is very probable that St. John did not know the physical cause of the strange flow of blood and water from the side of Jesus. It seems that he was afraid that he would not be believed; for, in the following verse, he was careful to tell the world that he himself had personally seen it. "And he that saw it bare record, and his record is true: And he knoweth that he saith true that ye might believe."[45]

Here again modern medical science has corroborated, in the matter of the flowing of blood and water from the side of Jesus, the simple narrative of the gentle and loving Evangelist.

Still another illustration of resemblance, coincidence, and corroboration is furnished by the incident of the arrest of Jesus in the Garden. St. John says: "As soon, then, as he had said unto them, I am he, they went backward and fell to the ground."[46]

This is only one of several cases mentioned in history where ordinary men have been dazed and paralyzed in the presence of illustrious men against whom they were designing evil. When a Gallic trooper was sent by Sulla to Minturnæ to put Marius to death, the old Roman lion, his great eyes flashing fire, arose and advanced toward the slave, who fled in utter terror from the place, exclaiming, "I cannot kill Caius Marius!"[47]

Again, we learn from St. Matthew that at the moment of the arrest in the Garden, "all the disciples forsook him and fled."

This is no isolated case of cowardice and desertion. It is merely an illustration of a universal truth: that the multitude will follow blindly and adore insanely the hero or prophet in his hour of triumph and coronation, but will desert and destroy him at the moment of his humiliation and crucifixion.

Note the burning of Savonarola. The patriot-priest of the Florentine Republic believed himself inspired of God; his heroic life and martyr death seemed to justify his claim. From the pulpit of St. Mark's he became the herald and evangel of the Reformation, and his devoted followers hung upon his words as if inspiration clothed them with messages from the skies. And yet when a wicked Inquisition had nailed him to the cross and fagots were flaming about him, this same multitude who adored him, now reviled him and jeered and mocked his martyrdom.

Note the career of Napoleon. When the sun of Austerlitz rose upon the world the whole French nation grew delirious with love and homage for their emperor, who was once a subaltern of Corsica. But when the Allies entered Paris after the battle of Leipsic, this same French nation repudiated their imperial idol, cast down his images, canceled his decrees, and united with all Europe in demanding his eternal banishment from France. The voyage to Elba followed. But the historic melodrama of popular fidelity and fickleness was not yet completely played. When this same Napoleon, a few months later, escaped from his islet prison in the Mediterranean and landed on the shores of France, this same French nation again grew delirious, welcomed the royal exile with open arms, showered him with his eagles, and almost smothered him with kisses. A hundred days passed. On the frightful field of Waterloo, "Chance and Fate combined to wreck the fortunes of their former king." Again the fickle French multitude heaped execrations upon their fallen monarch, declared the Napoleonic dynasty at an end and welcomed with acclamations of joy the return of the exiled Bourbon Louis XVIII.

And when the Evangelist wrote these words: "All the disciples forsook him and fled," he simply gave expression to a form of truth which all history reflects and corroborates.

Again, the parallels and resemblances of sacred and profane history do not seem to stop with mere narratives of facts. Secular history seems to have produced at times characters in the exact likeness of those in sacred history. The resemblance is often so striking as to create astonishment. For instance, who was St. Peter but Marshal Ney by anticipation? Peter was the leader of the Apostolic Twelve; Ney was the chief of the Twelve Marshals of Napoleon. Peter was impulsive and impetuous; so was Ney. Peter was the first to speak and act in all the emergencies of the Apostolic ministry; Ney, so Dumas tells us, was always impatient to open the battle and lead the first charge. Peter was probably the last to leave the garden in which the great tragedy of his Master had begun; Ney was the last to leave the horrors of a Russian winter in which the beginning of the end of the career of his monarch was plainly seen. Peter denied Jesus; Ney repudiated Napoleon, and even offered to bring him, at the time of his escape from Elba, in a cage to Louis XVIII. Peter was afterwards crucified for his devotion to Jesus whom he had denied; Ney was afterwards shot for loyalty to Napoleon whom he had once repudiated.

The examples heretofore given involve the idea of comparison and are based upon resemblance. These illustrations could be greatly extended, but it is believed that enough has been said in this connection. However, in closing this brief discussion of the human element in the sacred writings as evidenced by the coincidences and resemblances of their narratives to those of profane history, slight mention may be made of another test of truth which may be applied to the histories of the Evangelists. This test is not derived from a comparison which is focused upon any particular group of historic facts. It springs from an instantaneously recognized and inseparable connection between the statements made by the Gospel writers and the experience of the human race. A single illustration will suffice to elucidate this point. When Jesus was nailed upon the cross, the sad and pathetic spectacle was presented of the absence of the Apostolic band, with the exception of St. John, who was the only Apostle present at the crucifixion. The male members of the following of the Nazarene did not sustain and soothe their Master in the supreme moment of His anguish. But the women of His company were with Him to the end. Mary, his mother, Mary Magdalene, Mary, the wife of Cleophas, Salome, the mother of St. John the Evangelist, and others, doubtless among "the women that followed him from Galilee," ministered to His sufferings and consoled Him with their presence. They were the last to cling to His cross and the first to greet Him on the morning of the third day; for when the resurrection morn dawned upon the world, these same women were seen hastening toward the sepulcher bearing spices—fragrant offerings of deathless love. What a contrast between the loyalty and devotion of the women and the fickle, faltering adherence of the men who attended the footsteps of the Man of Sorrows in His last days! One of His Apostles denied Him, another betrayed Him, and all, excepting one, deserted Him in His death struggle. His countrymen crucified Him ignominiously. But "not one woman mentioned in the New Testament ever lifted her voice against the Son of God."

This revelation from the sacred pages of the devotion of woman is reflected in universal history and experience. It is needless to give examples. Suffice it to say that when Matthew, Mark, Luke, and John tell us of this devotion, we simply answer: yes, this has been ever true in all countries and in every age. We have learned it not only from history but from our own experience in all the affairs of life, extending from the cradle to the grave. The night of sorrow never grows so dark that a mother's love will not irradiate the gloom. The criminal guilt of a wayward son can never become so black that her arms will not be found about him. If we pass from loving loyalty to the individual, to patriotic devotion to the causes of the nations, woman's fidelity is still undying. The women of France are said to have paid the German war debt. The message of the Spartan mother to her soldier son is too well known to be repeated. When the legions of Scipio engirdled the walls of Carthage and desperation seized the inhabitants of the Punic city, Carthaginian women cut their long black hair to furnish bowstrings to the Carthaginian archers. Illustrations might be multiplied; but these will suffice to show that Mary and Martha and Salome, the women of the Gospels, are simply types of the consecrated women of the world.

When we come to summarize, we are led to declare that if the Gospel historians be not worthy of belief we are without foundation for rational faith in the secular annals of the human race. No other literature bears historic scrutiny so well as the New Testament biographies. Not by a single chain, but by three great chains can we link our Bible of to-day with the Apostolic Bible. The great manuscripts: the Vatican, the Alexandrian, and the Sinaitic, dating from the middle of the fourth and fifth centuries, must have been copies of originals, or at least of first copies. The Bible is complete in these manuscripts to-day.

The Versions, translations of the original Scriptures from the language in which they were first written into other languages, form a perfect connection between the days of the Apostles and our own. The Vulgate, the celebrated Latin version of St. Jerome, was completed A.D. 385. In making this translation the great scholar has himself said that he used "ancient (Greek) copies." Manuscripts that were ancient, A.D. 385, must have been the original writings, or, at least, first copies. The Vulgate, then, is alone a perfect historic connection between the Bible that we read to-day and that studied by the first Christians.

Again, the Writings of the Church Fathers furnish a chain, without a single missing link, between the Bible of this generation and that of the first generation of the followers of the Christ. It has been truthfully said that if all the Bibles in the world were destroyed an almost perfect Bible could be reconstructed from quotations from these writings, so numerous and so exact are they. Beginning with Barnabas and Clement, companions of St. Paul, and coming down through the ages, there is not a single generation in which some prince or potentate of the Church has not left convincing evidence in writing that the Books of the Old and New Testament which we read to-day are identical with those read by the first propagators of our faith. The chain of proof forged from the Writings of the early Fathers is made up of a hundred links, each perfect within itself and yet relinked and welded with a hundred others that make each and all doubly strong. If these various testimonies, the Manuscripts, the Versions, and the Writings of the Church Fathers, be taken, not singly, but collectively, in support and corroboration of each other, we have, then, not merely a chain but rather a huge spiritual cable of many wires, stretching across the great sea of time and linking our Bible of to-day inseparably with that of the Apostolic Age.

If it be objected that these various writings might have been and probably were corrupted in coming down to us through the centuries, reply may be made that the facts of history repel such suggestions. As Mr. Greenleaf has suggested, the jealousy of opposing sects preserved them from forgery and mutilation. Besides these sects, it may be added, there were, even in the earliest times, open and avowed infidels who assaulted the cardinal tenets of the Christian faith and made the Gospel histories the targets for their attacks. They, too, would have detected and denounced any attempt from any source to corrupt these writings.

Another and final, and probably the most cogent reason for the remarkable preservation of the books of the Bible, is the reverential care bestowed upon them by their custodians in every age. It is difficult for the modern world to fully appreciate the meaning and extent of this reverence and care. Before the age of printing, it must be remembered, the masses of the people could not and did not possess Bibles. In the Middle Ages it required a small fortune to own a single copy. The extreme scarcity enhanced not only the commercial value but added to the awful sanctity that attached to the precious volume; on the principle that the person of a king becomes more sacred and mysterious when least seen in public. Synagogues and monasteries were, for many centuries, the sole repositories of the Holy Books, and the deliberate mutilation of any portion of the Bible would have been regarded like the blaspheming of the Deity or the desecration of a shrine. These considerations alone are sufficient reason why the Holy Scriptures have come down to us uncorrupted and unimpaired.

These various considerations are the logical basis of that rule of law laid down by Mr. Greenleaf, under which the Gospel histories would be admitted into a modern court of law in a modern judicial proceeding.

Under legal tests laid down by Starkie, we have seen that the Evangelists should be believed, because: (1) They were honest and sincere, that is, they believed that they were telling the truth; (2) they were undoubtedly men of good intelligence and were eyewitnesses of the facts narrated by them in the New Testament histories; (3) they were independent historians, who wrote at different times and places and, in all essential details, fully corroborate each other; (4) excepting in the matter of miracles, which skepticism has never been able to fully disprove, their testimony is in full conformity with human experience; (5) their testimony coincides fully and accurately with all the collateral, social, historical, and religious circumstances of their time, as well as with the teachings and experience of universal history in every age.

Having received from antiquity an uncorrupted message, born of truth, we have, it is believed, a perfect record of fact with which to discuss the trial of Jesus.

PART II
HEBREW CRIMINAL LAW

CHAPTER I

HEBREW CRIMINAL LAW—MOSAIC AND TALMUDIC

T THE Pentateuch and the Talmud form the double basis of Hebrew jurisprudence. "The wisdom of the lawgiver," says Bacon, "consists not only in a platform of justice, but in the application thereof." The Mosaic Code, embodied in the Pentateuch, furnished to the children of Israel the necessary platform of justice; ancient tradition and Rabbinic interpretation contained in the Talmud, supplied needed rules of practical application. Employing classic terminology, it may be said that the ordinances of Moses were the substantive and the provisions of the Talmud were the adjective laws of the ancient Hebrews. These terms are not strictly accurate, however, since many absolute rights are declared and defined in the Talmud as well as in the Pentateuch. Another definition, following the classification of Roman legists, describes Mosaic injunction as the lex scripta and Talmudic provision as the lex non scripta of the Commonwealth of Israel. In other words, the Pentateuch was the foundation, the cornerstone; the Talmud was the superstructure, the gilded dome of the great temple of Hebrew justice.

Bible students throughout the world are familiar with the provisions of the Mosaic Code; but the contents of the Talmud are known to few, even among scholars and literary men. The most appalling ignorance has existed in every age among the Gentile uninitiated as to the nature and identity of this gigantic literary compilation. Henricus Segnensis, a pious monk of the Middle Ages, having heard and read many things about the despised heretical Talmud, conceived it to be a person and, in a transport of religious frenzy, declared that he would sooner or later have him, the Talmud, put to death by the hangman![48]

For the benefit of the average reader as well as to illuminate the general subject, a short description of the Talmud will be given.

Definition.—Many attempts have been made to define the Talmud, but all definition of this monumental literary production is necessarily inaccurate and incomplete because of the vastness and peculiarity of the matter treated. To describe it as an encyclopedia of the life and literature, law and religion, art and science of the Hebrew people during a thousand years would convey only an approximately correct idea of its true meaning, for it is even more than the foregoing descriptive terms would indicate. Emanuel Deutsch in his brilliant essay on the Talmud defines it as "a Corpus Juris, an encyclopedia of law, civil and penal, ecclesiastical and international, human and divine. It is a microcosm, embracing, even as does the Bible, heaven and earth. It is as if all the prose and poetry, the science, the faith and speculation of the Old World were, though only in faint reflections, bound up in it in nuce."

Benny describes it as "the Talmud—that much maligned and even more misunderstood compilation of the rabbins; that digest of what Carlyle would term allerlei-wissenschaften; which is at once the compendium of their literature, the storehouse of their tradition, the exponent of their faith, the record of their acquirements, the handbook of their ceremonials and the summary of their legal code, civil and penal."

To speak of the Talmud as a book would be inaccurate. It is a small library, or collection of books. "Modern editions of the Talmud, including the most important commentaries, consist of about 3,000 folio sheets, or 12,000 folio pages of closely printed matter, generally divided into twelve or twenty volumes. One page of Talmudic Hebrew intelligibly translated into English would cover three pages; the translation of the whole Talmud with its commentaries would accordingly make a library of 400 volumes, each numbering 360 octavo pages."[49]

It would be well to bear in mind that the contents of the Talmud were not proclaimed to the world by any executive, legislative, or judicial body; that they were not the result of any resolution or mandate of any congregation, college, or Sanhedrin; that they were not, in any case, formal or statutory. They were simply a great mass of traditionary matter and commentary transmitted orally through many centuries before being finally reduced to writing. Rabbinism claims for these traditions a remote antiquity, declaring them to be coeval with the proclamation of the Decalogue. Many learned doctors among the Jews ascribe this antiquity to the whole mass of traditional laws. Others maintain that only the principles upon which Rabbinic interpretation and discussion are based, can be traced back so far. But it is certain that distinct traditions are to be found at a very early period in the history of the children of Israel, and that on their return from Babylonian captivity these traditions were delivered to them by Ezra and his coadjutors of the Great Assembly.

This development of Hebrew jurisprudence along lines of written and oral law, Pentateuch and Talmud, Mosaic ordinance and time-honored tradition, seems to have followed in obedience to a general principle of juristic growth. Lex scripta and lex non scripta are classical Roman terms of universal application in systems of enlightened jurisprudence. A charter, a parchment, a marble column, a table of stone, a sacred book, containing written maxims defining legal rights and wrongs are the beginnings of all civilized schemes of justice. Around these written, fundamental laws grow and cluster the race traditions of a people which attach themselves to and become inseparable from the prime organic structure. These oral traditions are the natural and necessary products of a nation's growth and progress. The laws of the Medes and Persians, at once unalterable and irrevocable, represent a strange and painful anomaly in the jurisprudence of mankind. No written constitution, incapable of amendment and subject to strict construction, can long survive the growth and expansion of a great and progressive people. The ever-changing, perpetually evolving forms of social, commercial, political, and religious life of a restless, marching, ambitious race, necessitate corresponding changes and evolutions in laws and constitutions. These necessary legal supplements are as varied in origin as are the nations that produce them. Magna Charta, wrung from John at Runnymede, became the written basis of English law and freedom, and around it grew up those customs and traditions that—born on the shores of the German Ocean, transplanted to the Isles of Britain, nurtured and developed through a thousand years of judicial interpretation and application—became the great basic structure of the Common Law of England.

What the Mosaic Code was to the ancient Hebrews, what Magna Charta is to Englishmen, the Koran is to Mahometans: the written charter of their faith and law. Surrounding the Koran are many volumes of tradition, made up of the sayings of Mahomet, which are regarded as equally sacred and authoritative as the Koran itself. These volumes of Mahometan tradition are called the Sonna and correspond to the Talmud of the Hebrews. An analysis of any great system of jurisprudence will reveal the same natural arrangement of written and oral law as that represented by the Pentateuch and the Talmud of the Jews.

The word "Talmud" has various meanings, as it appears in Hebrew traditional literature. It is an old scholastic term, and "is a noun formed from the verb 'limmed'='to teach.' It therefore means, primarily, 'teaching,' although it denotes also 'learning'; it is employed in this latter sense with special reference to the Torah, the terms 'Talmud' and 'Torah' being usually combined to indicate the study of the Law, both in its wider and its more restricted sense."[50] It is thus frequently used in the sense of the word "exegesis," meaning Biblical exposition or interpretation. But with the etymological and restricted, we are not so much interested as with the popular and general signification of the term "Talmud." Popularly used, it means simply a small collection of books represented by two distinct editions handed down to posterity by the Palestinian and Babylonian schools during the early centuries of the Christian era.

Divisions of the Talmud.—The Talmud is divided into two component parts: the Mishna, which may be described as the text; and the Gemara, which may be termed the commentary.[51] The Mishna, meaning tradition, is almost wholly law. It was, indeed, of old, translated as the Second or Oral Law—the δευτέρωσιϛ—to distinguish it from the Written Law delivered by God to Moses. The relationship between the Mishna, meaning oral law, and the Gemara, meaning commentary, may be illustrated by a bill introduced into Congress and the debates which follow. In a general way, the bill corresponds to the Mishna, and the debates to the Gemara. The distinction, however, is that the law resulting from the passage of the bill is the effect and culmination of the debate; while the Mishna was already law when the Gemara or commentary was made.

As we have seen above, Hebrew jurisprudence in its principles and in the manner of their interpretation was chiefly transmitted by the living voice of tradition. These laws were easily and safely handed down from father to son through successive generations as long as Jewish nationality continued and the Temple at Jerusalem still stood. But, with the destruction of the Temple and the banishment of the Jews from Palestine (A.D. 70), the danger became imminent that in the loss of their nationality would also be buried the remembrance of their laws. Moved with pity and compassion for the sad condition of his people, Judah the Holy, called Rabbi for preëminence, resolved to collect and perpetuate for them in writing their time-honored traditions. His work received the name Mishna, the same which we have discussed above. But it must not be imagined that this work was the sudden or exclusive effort of Rabbi Judah. His achievement was merely the sum total and culmination of the labors of a long line of celebrated Hebrew sages. "The Oral Law had been recognized by Ezra; had become important in the days of the Maccabees; had been supported by Pharisaism; narrowed by the school of Shammai, codified by the school of Hillel, systematized by R. Akiba, placed on a logical basis by R. Ishmael, exegetically amplified by R. Eliezer, and constantly enriched by successive rabbis and their schools. Rabbi Judah put the coping-stone to the immense structure."[52]

Emanuel Deutsch gives the following subdivisions of the Mishna:

Recensions.—The Talmud exists in two recensions: the Jerusalem and the Babylonian. These two editions represent a double Gemara; the first (Jerusalem) being an expression of the schools in Palestine and redacted at Tiberias about 390 A.D.; the second (Babylonian) being an expression of the schools in Babylonia and redacted about 365-427 A.D.

The Mishna, having been formed into a code, became in its turn what the Pentateuch had been before it, a basis of discussion and development. The Gemara of the Jerusalem Talmud embodies the critical discussions and disquisitions on the Mishna by hundreds of learned doctors who lived in Palestine, chiefly in Galilee, from the end of the second till about the middle of the fifth century of the Christian era. The Gemara of the Babylonian Talmud embodies the criticisms and dissertations on the same Mishna of numerous learned doctors living in various places in Babylonia, but chiefly those of the two great schools of Sura and Pumbaditha.[54] The Babylonian Talmud is written in "West Aramæan," is the product of six or seven generations of constant development, and is about four times as large as that of the Jerusalem Talmud, which is written in "East Aramæan."[55] It should be kept clearly before the mind that the only difference between these two recensions is in the matter of commentary. The two sets of doctors whose different commentaries distinguish the two Talmuds dealt with the same Mishna as a basis of criticism. But decided differences are noticeable in the subject matter and style of the two Gemaras represented by the two recensions of the Talmud. The discussions and commentaries in the Jerusalem Talmud are simple, brief, and pointed; while those of the Babylonian Talmud are generally subtle, abstruse, and prolix. The dissertations in the Jerusalem Talmud are filled to overflowing with archæology, geography, and history, while the Babylonian Talmud is more marked by legal and religious development.

But the reader should not form a wrong impression of the contents of the Talmud. They are a blending of the oral law of the Mishna and the notes and comments of the sages. The characteristics of both the editions are legal and religious, but a multitude of references are made in each to things that have no connection with either religion or law. "The Talmud does, indeed, offer us a perfect picture of the cosmopolitanism and luxury of those final days of Rome, such as but few classical or postclassical writings contain. We find mention made of Spanish fish, of Cretan apples, Bithynian cheese, Egyptian lentils and beans, Greek and Egyptian pumpkins, Italian wine, Median beer, Egyptian Zyphus; garments imported from Pelusium and India, shirts from Cilicia, and veils from Arabia. To the Arabic, Persian, and Indian materials contained, in addition to these, in the Gemara, a bare allusion may suffice. So much we venture to predict, that when once archæological and linguistic science shall turn to this field, they will not leave it again soon."

Relation of Talmud to Mishna.—The relation of the Talmud, used in the popular sense, to the Mishna, raises the question of the relation of the whole to one of its parts. The varying meanings of Mishna, Gemara, and Talmud very easily confuse the ordinary reader. If these terms are considered separately in the order in which they appear in the preceding sentence, simple mathematical addition will greatly aid in elucidating matters. The Mishna is a vast mass of tradition or oral law which was finally reduced to writing about the close of the second century of the Christian era. The Gemara is the Rabbinical exposition of the meaning of the Mishna. The Talmud is the sum of the Mishna plus the Gemara. In other words, the Talmud is the elaboration or amplification of the Mishna by manifold commentaries, designated as the Gemara. It frequently happens that the Talmud and the Mishna appear in the same sentence as terms designating entirely different things. This association in a different sense inevitably breeds confusion, unless we pause to consider that the Mishna has a separate existence from the Talmud and a distinct recension of its own. In this state it is simply a naked code of laws. But when the Gemara has been added to it the Talmud is the result, which, in its turn, becomes a distinct entity and may be referred to as such in the same sentence with the Mishna.

Relation of Talmud to Pentateuch.—As before suggested, the Pentateuch, or Mosaic Code, was the Written Law and the very foundation of ancient Hebrew jurisprudence. The Talmud, composed of the Mishna, i.e., Tradition, and the Gemara, i.e., Commentary, was the Oral Law, connected with, derived from, and built upon the Written Law. It must be remembered that the commonwealth of the Jews was a pure theocracy and that all law as well as all religion emanated directly or indirectly from Jehovah. This was as true of Talmudic tradition as of Mosaic ordinance. Hillel, who interpreted tradition, was as much inspired of God as was Moses when he received the Written Law on Sinai. Emanuel Deutsch is of the opinion that from the very beginning of the Mosaic law there must have existed a number of corollary laws which were used to interpret and explain the written rules; that, besides, there were certain enactments of the primitive Council of the Desert, and certain verdicts issued by the later "judges within the gates"—all of which entered into the general body of the Oral Law and were transmitted side by side with the Written Law through the ages.[56] The fourth book of Ezra, as well as other Apocryphal writings, together with Philo and certain of the Church Fathers, tells us of great numbers of books that were given to Moses at the same time that he received the Pentateuch. These writings are doubtless the source of the popular belief among the Jews that the traditional laws of the Mishna had existed from time immemorial and were of divine origin. "Jewish tradition traces the bulk of the oral injunctions, through a chain of distinctly named authorities, to 'Sinai itself.' It mentions in detail how Moses communicated those minutiæ of his legislation, in which he had been instructed during the mysterious forty days and nights on the Mount, to the chosen guides of the people, in such a manner that they should forever remain engraven on the tablets of their hearts."[57] This direct descent of the Oral Law from the Sacred Mount itself would indicate an independent character and authority. Nevertheless, Talmudic interpretation of tradition professed to remain always subject to the Mosaic Code; to be built upon, and to derive its highest inspiration from it. But, as a matter of fact, while claiming theoretically to be subordinate to it, the Talmud finally superseded and virtually displaced the Pentateuch as a legal and administrative code. This was the inevitable consequence and effect of the laws of growth and progress in national existence. Altered conditions of life, at home and in exile, necessitated new rules of action in the government of the Jewish commonwealth. The Mosaic Code was found inadequate to the ever-changing exigencies of Hebrew life. As a matter of fact, Moses laid down only general principles for the guidance of Hebrew judges. He furnished the body of the law, but a system of legal procedure was wholly wanting. The Talmud supplied the deficiency and completed a perfect whole. While yet in the Wilderness, Moses commanded the Israelites to establish courts and appoint judges for the administration of justice as soon as they were settled in Palestine.[58] This clearly indicates that the great lawgiver did not intend his ordinances and injunctions to be final and exclusive. Having furnished a foundation for the scheme, he anticipated that the piety, judgment, and learning of subsequent ages would do the rest. His expectations were fulfilled in the development of the traditions afterwards embodied in the Mishna, which is the principal component part of the Talmud.

As before suggested, with the growth in population and the ever-increasing complications in social, political, and religious life, and with the general advance in Hebrew civilization, Mosaic injunction began to prove entirely inadequate to the national wants. In the time intervening between the destruction of the first and second Temples, a number of Mosaic laws had become utter anachronisms; others were perfectly impracticable, and several were no longer even understood. The exigencies of an altered mode of life and the changed conditions and circumstances of the people rendered imperative the enactment of new laws unknown to the Pentateuch. But the divine origin of the Hebrew system of law was never for a moment forgotten, whatever the change and wherever made. The Rabbins never formally repealed or abolished any Mosaic enactment. They simply declared that it had fallen into desuetude. And, in devising new laws rendered necessary by changed conditions of life they invariably invoked some principle or interpretation of the Written Law.

In the declining years of Jewish nationality, many characteristic laws of the Pentateuch had become obsolete. The ordinance which determined the punishment of a stubborn and rebellious son; the enactment which commanded the destruction of a city given to idolatry; and, above all, the lex talionis had become purely matters of legend. On the other hand, many new laws appear in the Talmud of which no trace whatever can be discovered in the Pentateuch. "The Pharisees," says Josephus, "have imposed upon the people many laws taken from the tradition of the Fathers, which are not written in the law of Moses."[59] The most significant of these is the one providing for Antecedent Warning in criminal prosecutions, the meaning and purpose of which will be fully discussed in another chapter.

Vicissitudes of the Talmud.—An old Latin adage runs: "Habent sua fata libelli."[60] (Even books are victims of fate). This saying is peculiarly applicable to the Talmud, which has had, in a general way, the same fateful history as the race that created it. Proscription, exile, imprisonment, confiscation, and burning was its lot throughout the Middle Ages. During a thousand years, popes and kings vied with each other in pronouncing edicts and hurling anathemas against it. During the latter half of the sixteenth century it was burned not fewer than six different times by royal or papal decree. Whole wagonloads were consigned to the flames at a single burning. In 1286, in a letter to the Archbishop of Canterbury, Honorius IV described the Talmud as a "damnable book" (liber damnabilis), and vehemently urged that nobody in England be permitted to read it, since "all other evils flow out of it."[61] On New Year's day, 1553, numerous copies of the Talmud were burned at Rome in compliance with a decree of the Inquisition. And, as late as 1757, in Poland, Bishop Dembowski, at the instigation of the Frankists, convened a public assembly at Kamenetz-Podolsk, which decreed that all copies of the Talmud found in the bishopric should be confiscated and burned by the hangman.[62]

Of the two recensions, the Babylonian Talmud bore the brunt of persecution during all the ages. This resulted from the fact that the Jerusalem Talmud was little read after the closing of the Jewish academies in Palestine, while the Babylonian Talmud was the popular edition of eminent Jewish scholars throughout the world.

It is needless to say that the treatment accorded the venerable literary compilation was due to bitter prejudice and crass ignorance. This is well illustrated by the circumstance that when, in 1307, Clement V was asked to issue a bull against the Talmud, he declined to do so, until he had learned something about it. To his amazement and chagrin, he could find no one who could throw any light upon the subject. Those who wished it condemned and burned were totally ignorant of its meaning and contents. The surprise and disgust of Clement were so great that he resolved to found three chairs in Hebrew, Arabic, and Chaldee, the three tongues nearest the idiom of the Talmud. He designated the Universities of Paris, Salamanca, Bologna, and Oxford as places where these languages should be taught, and expressed the hope that, in time, one of these universities might be able to produce a translation of "this mysterious book."[63] It may be added that these plans of the Pope were never consummated.

The Message and Mission of the Talmud.—To appreciate the message and mission of the Talmud, its contents must be viewed and contemplated in the light of both literature and history. As a literary production it is a masterpiece—strange, weird, and unique—but a masterpiece, nevertheless. It is a sort of spiritual and intellectual cosmos in which the brain growth and soul burst of a great race found expression during a thousand years. As an encyclopedia of faith and scholarship it reveals the noblest thoughts and highest aspirations of a divinely commissioned race. Whatever the master spirits of Judaism in Palestine and Babylon esteemed worthy of thought and devotion was devoted to its pages. It thus became a great twin messenger, with the Bible, of Hebrew civilization to all the races of mankind and to all the centuries yet to come. To Hebrews it is still the great storehouse of information touching the legal, political, and religious traditions of their fathers in many lands and ages. To the Biblical critic of any faith it is an invaluable help to Bible exegesis. And to all the world who care for the sacred and the solemn it is a priceless literary treasure.

As an historical factor the Talmud has only remotely affected the great currents of Gentile history. But to Judaism it has been the cementing bond in every time of persecution and threatened dissolution. It was carried from Babylon to Egypt, northern Africa, Spain, Italy, France, Germany, and Poland. And when threatened with national and race destruction, the children of Abraham in every land bowed themselves above its sacred pages and caught therefrom inspiration to renewed life and higher effort. The Hebrews of every age have held the Talmud in extravagant reverence as the greatest sacred heirloom of their race. Their supreme affection for it has placed it above even the Bible. It is an adage with them that, "The Bible is salt, the Mischna pepper, the Gemara balmy spice," and Rabbi Solomon ben Joseph sings: