"For he shall have judgment without mercy, that hath shewed no mercy; and mercy is exalted above judgment."² (Jas. ii. 13.)

(The last phrase has been translated in such a way as to declare that judgment is compatible with Christianity, but that it ought to be merciful.)

James exhorts his brethren to have no respect of persons. If you have respect of the condition of persons, you are guilty of sin; you are like the untrustworthy judges of the tribunals. You look upon the beggar as the refuse of society, while it is the rich man who ought to be so regarded. He it is who oppresses you and draws you before the judgment-seats. If you live according to the law of love for your neighbor, according to the law of mercy (which James calls "the law of liberty," to distinguish it from all others) – if you live according to this law, it is well. But if you have respect of persons, you transgress the law of mercy. Then (doubtless thinking of the case of the woman taken in adultery, who, when she was brought before Jesus, was about to be put to death according to the law), thinking, no doubt, of that case, James says that he who inflicts death upon the adulterous woman would himself be guilty of murder, and thereby transgress the eternal law; for the same law forbids both adultery and murder.

"So speak ye, and so do, as they that shall be judged by the law of liberty. For he shall have judgment without mercy, that hath shewed no mercy; and mercy is exalted above judgment." (Jas. ii. 12, 13.)

Could the idea be expressed in terms more clear and precise? Respect of persons is forbidden, as well as any judgment that shall classify persons as good or bad; human judgment is declared to be inevitably defective, and such judgment is denounced as criminal when it condemns for crime; judgment is blotted out by the eternal law, the law of mercy.

I open the epistles of Paul, who had been a victim of tribunals, and in the letter to the Romans I read the admonitions of the apostle for the vices and errors of those to whom his words are addressed; among other matters he speaks of courts of justice: —

"Who, knowing the judgment of God, that they which commit such things are worthy of death, not only do the same, but have pleasure in them that do them." (Rom. i. 32.)

"Therefore thou art inexcusable, O man, whosoever thou art that judgest: for wherein thou judgest another, thou condemnest thyself; for thou that judgest doest the same things." (Rom. ii. 1.)

"Or despisest thou the riches of his goodness and forbearance and long-suffering; not knowing that the goodness of God leadeth thee to repentance?" (Rom. ii. 4.)

Such was the opinion of the apostles with regard to tribunals, and we know that human justice was among the trials and sufferings that they endured with steadfastness and resignation to the will of God. When we think of the situation of the early Christians, surrounded by unbelievers, we can understand that a denial of the right to judge persecuted Christians before the tribunals was not considered. The apostles spoke of it only incidentally as an evil, and denied its authority on every occasion.

I examined the teachings of the early Fathers of the Church, and found them to agree in obliging no one to judge or to condemn, and in urging all to bear the inflictions of justice. The martyrs, by their acts, declared themselves to be of the same mind. I saw that Christianity before Constantine regarded tribunals only as an evil which was to be endured with patience; but it never could have occurred to any early Christian that he could take part in the administration of the courts of justice. It is plain, therefore, that Jesus' words, "Judge not, condemn not," were understood by his first disciples, as they ought to be understood now, in their direct and literal meaning: judge not in courts of justice; take no part in them.

All this seemed absolutely to corroborate my conviction that the words, "Judge not, condemn not," referred to the justice of tribunals. Yet the meaning, "Speak not evil of your neighbor," is so firmly established, and courts of justice flaunt their decrees with so much assurance and audacity in all Christian societies, with the support even of the Church, that for a long time still I doubted the wisdom of my interpretation. If men have understood the words in this way (I thought), and have instituted Christian tribunals, they must certainly have some reason for so doing; there must be a good reason for regarding these words as a denunciation of evil-speaking, and there is certainly a basis of some sort for the institution of Christian tribunals; perhaps, after all, I am in the wrong.

I turned to the Church commentaries. In all, from the fifth century onward, I found the invariable interpretation to be, "Accuse not your neighbor"; that is, avoid evil-speaking. As the words came to be understood exclusively in this sense, a difficulty arose, – How to refrain from judgment? It being impossible not to condemn evil, all the commentators discussed the question, What is blamable and what is not blamable? Some, such as Chrysostom and Theophylact, said that, as far as servants of the Church were concerned, the phrase could not be construed as a prohibition of censure, since the apostles themselves were censorious. Others said that Jesus doubtless referred to the Jews, who accused their neighbors of shortcomings, and were themselves guilty of great sins.

Nowhere a word about human institutions, about tribunals, to show how they were affected by the warning, "Judge not." Did Jesus sanction courts of justice, or did he not? To this very natural question I found no reply – as if it was evident that from the moment a Christian took his seat on the judge's bench he might not only judge his neighbor, but condemn him to death.

I turned to other writers, Greek, Catholic, Protestant, to the Tübingen school, to the historical school. Everywhere, even by the most liberal commentators, the words in question were interpreted as an injunction against evil-speaking.

But why, contrary to the spirit of the whole doctrine of Jesus, are these words interpreted in so narrow a way as to exclude courts of justice from the injunction, "Judge not"? Why the supposition that Jesus in forbidding the comparatively light offence of speaking evil of one's neighbor did not forbid, did not even consider, the more deliberate judgment which results in punishment inflicted upon the condemned? To all this I got no response; not even an allusion to the least possibility that the words "to judge" could be used as referring to a court of justice, to the tribunals from whose punishments so many millions have suffered.

Moreover, when the words, "Judge not, condemn not," are under discussion, the cruelty of judging in courts of justice is passed over in silence, or else commended. The commentators all declare that in Christian societies tribunals are necessary, and in no way contrary to the law of Jesus.

Realizing this, I began to doubt the sincerity of the commentators; and I did what I should have done in the first place; I turned to the textual translations of the words which we render "to judge" and "to condemn." In the original these words are κρίνω and καταδικάζω. The defective translation in James of καταλαλέω, which is rendered "to speak evil," strengthened my doubts as to the correct translation of the others. When I looked through different versions of the Gospels, I found καταδικάζω rendered in the Vulgate by condemnare, "to condemn"; in the Sclavonic text the rendering is equivalent to that of the Vulgate; Luther has verdammen, "to speak evil of." These divergent renderings increased my doubts, and I was obliged to ask again the meaning of κρίνω, as used by the two evangelists, and of καταδικάζω, as used by Luke who, scholars tell us, wrote very correct Greek.

How would these words be translated by a man who knew nothing of the evangelical creed, and who had before him only the phrases in which they are used?

Consulting the dictionary, I found that the word κρίνω had several different meanings, among the most used being "to condemn in a court of justice," and even "to condemn to death," but in no instance did it signify "to speak evil." I consulted a dictionary of New Testament Greek, and found that was often used in the sense "to condemn in a court of justice," sometimes in the sense "to choose," never as meaning "to speak evil." From which I inferred that the word κρίνω might be translated in different ways, but that the rendering "to speak evil" was the most forced and far-fetched.

I searched for the word καταδικάζω, which follows κρίνω, evidently to define more closely the sense in which the latter is to be understood. I looked for καταδικάζω in the dictionary, and found that it had no other signification than "to condemn in judgment," or "to judge worthy of death." I found that the word was used four times in the New Testament, each time in the sense "to condemn under sentence, to judge worthy of death." In James (v. 6) we read, "Ye have condemned and killed the just." The word rendered "condemned" is this same καταδικάζω, and is used with reference to Jesus, who was condemned to death by a court of justice. The word is never used in any other sense, in the New Testament or in any other writing in the Greek language.

What, then, are we to say to all this? Is my conclusion a foolish one? Is not every one who considers the fate of humanity filled with horror at the sufferings inflicted upon mankind by the enforcement of criminal codes, – a scourge to those who condemn as well as to the condemned, – from the slaughters of Genghis Khan to those of the French Revolution and the executions of our own times? He would indeed be without compassion who could refrain from feeling horror and repulsion, not only at the sight of human beings thus treated by their kind, but at the simple recital of death inflicted by the knout, the guillotine, or the gibbet.

The Gospel, of which every word is sacred to you, declares distinctly and without equivocation: "You have from of old a criminal law, An eye for an eye, a tooth for a tooth; but a new law is given you, That you resist not evil. Obey this law; render not evil for evil, but do good to every one, forgive every one, under all circumstances." Further on comes the injunction, "Judge not," and that these words might not be misunderstood, Jesus added, "Condemn not; condemn not in justice the crimes of others."

"No more death-warrants," said an inner voice – "no more death-warrants," said the voice of science; "evil cannot suppress evil." The Word of God, in which I believed, told me the same thing. And when in reading the doctrine, I came to the words, "Condemn not, and ye shall not be condemned: forgive, and ye shall be forgiven," could I look upon them as meaning simply that I was not to indulge in gossip and evil-speaking, and should continue to regard tribunals as a Christian institution, and myself as a Christian judge?

I was overwhelmed with horror at the grossness of the error into which I had fallen.