A TRAGI-COMEDY by XYSTUS BETULIUS AUGUSTANUS
EXAMINER. Usher, according to the custom of the court ask for silence.
USHER. First let me call for silence from you. Again a second and third time, lest anyone with muttering tries to interrupt the words of the judges, when no chance of speaking comes from the judge. He who arrogantly now shall act against this order, shall know that he will be fined two shekels.
EXAMINER. Clerk, come. Review the names of the parties for which this day has been set aside.
CLERK. Haiab the accused, by your clemency, especially was granted bail and, fearing the danger of his case, has failed to appear. However, I have called none of the others to court. There is peace on all sides.
JOACHIM. Praise be to the best and greatest God, who is pleased by our eagerness for peace and concord.
EXAMINER. Withdraw. We will now take up public business.
EXAMINER. O Joachim, renowned and glorious, how well God gives favour to his own people everywhere in the world.
JOACHIM. The best men of Israel are faced with two kinds of rivalry: the one is the striving for excellence, and striving with the more honourable desires. This was once sent down from heaven to mortals. When it is vigorous, the commonwealth also will flourish. This emulation every prudent person will quite rightly approve. But the depth of night has produced the other, the worst evil which tears apart the differing hearts of mortals, stirs up madness and makes the court noisy with controversies and with the most serious altercations. Since, fathers, there is on hand not a single lawsuit, let thanks be given to our very good God, because for a short time that plague has ceased. Therefore, since a very convenient opportunity has been offered, let us not pass the time fruitlessly; now very conveniently we have leisure to reflect upon how we may be able to restore under divine auspices the ruins of the laws to the pristine excellence and distinction of our fathers' times.
EXAMINER. You give good advice, O man most holy of all. Therefore let each speak for himself according to his rank. In what place does our house of law show its gravest weakness? Achab, you should give your opinion first.
ACHAB. Because I have been bidden to offer my opinion on this question, although with an unwilling and heavy heart, my desire to help and my strict conscience impel me to speak here immediately of a foul blot. For now the head of our state is in trouble and totters, and violently threatens serious ruin to all. For if the head is weak, what hope, I ask you, will there be in the whole body?
EXAMINER. Speak more plainly.
ACHAB. Fathers of Israel, how unwillingly I say this. But the law repeatedly declares that it is the duty of a good judge not to take account of rank or honour or position, but to make an impartial judgement and to ward off crime. Therefore, with your permission, Joachim, I shall make an accusation before the gods. Gentlemen, I think you all know the beautiful Susanna, who is the lovable wife of Joachim, and is the daughter of Chelkias. This woman has committed a heinous crime; she has been caught in adultery with her adulterer.
JOACHIM. You charge this?
ACHAB. What punishment is to be demanded from her, the law teaches.
JOACHIM. The same law teaches that judges must guard against false evidence.
ACHAB. I am not lying. See to it that she be summoned; then we will show you clearly what has been done.
JOACHIM. May this calumny be kept far from my home. Old man, I want you to examine your mind and your conscience a little more deeply, that you may not plead this case more by emotions than by your desire that the holy truth should be seen. For I know myself and affirm it strongly that nothing which you allege has been done at my house, nothing which should be expiated by a loss of life. I beg you, stop what you have begun; I implore you give up this calumny. If you are digging a pit for me by guile, beware lest you yourself fall into it first! Father, you see the cunning devices being fabricated against us. Now let us go. I will take myself home far from here; it is not right for accused men to take their seats on the bench. Alas, a black gown is more suitable for me. I give up the office of judge; let someone who may be able to perform the duties worthily take my place by ballot.
CHELKIAS. O just judge, who both knows our hearts and is the most skilful vindicator and avenger of all men, know of our innocence! O God, we entrust our cause to your protection. Let revenge, fine, compensation and adjudicating be in your mercy alone. My son, son-in- law, now we may grieve. There is nothing further we can do?
JOACHIM. Yes, father, we may still hope for hope.
CHELKIAS. What hope?
JOACHIM. Surely you don't ask that? Good hope. Father, God, to whom you have now entrusted our cause and this business, still lives; he will not fail the faith of those who call on him; by his help we shall study our case. Let God himself be the judge.
EXAMINER. What a heavy and troublesome burden, ah me, now hangs on my shoulders. God, I'd wish for anything rather than to be now the judge of this enquiry and I'd prefer to be disheveled with grief, clothed in mourning with my friend over his troubles rather than that I, conspicuous by this gown, should here sadly and unwillingly occupy now this seat of justice. O, faith of men! Fear grips me, lest the mind and the sentence of the judges, which ought to remain pure and uncorrupted by law, may have been defiled. But if necessity demands it, why am I prepared to kick against the pricks? Nay, more, I pray God that we may not do what is unfair or imprudent. This, I think, is always the duty of a good judge, that, if the case is important and serious by which a reputation is in question or a life, he should consider strictly all the circumstances of the case, the distinction of the family, and what fortune there may be and most of all in what ways the accused passed the times of his life before that date. Fathers of Israel, while we are weighing and carefully inquiring about these things, one by one, I do not quite know whether he is more outstanding for his heritage or his goodness than other families. And so I think it is our duty in this case to proceed far more circumspectly and prudently than if an accused has confessed crimes and before that led a desperate life. Certainly, in my opinion, we should conduct the case more prudently and more dutifully, if each of us now should keep this evil rumour far from calumny and strongly ward off disgrace from the family, until the case has been investigated by the court. First give your opinion, wise Agira.
AGIRA. If you ask me to give my opinion, I will give it so that the opinion of each of us may be inviolate and unbiased. O most distinguished examiner of all, in this case I agree with your opinion and I do not approve of an action that would lay hands on her cruelly, but suggest that she should be summoned through a public servant more modestly. Then I do not think that the case will be impaired for this consultation, if the parties are allowed to sit in these judges' chairs; besides, when they have left, then the number of judges should be made up.
EXAMINER. Hiskob, give your vote.
HISKOB. What Agira just now proposed seems fair to me.
EXAMINER. And you, Maloco.
MALOCO. Agira spoke clearly and justice demands this.
EXAMINER. Speak, Hedioth.
HEDIOTH. I approve of what they have said. It suits me. Let me willingly agree with those more experienced than I am.
EXAMINER. Give your vote, Dibon.
DIBON. I vote the same.
EXAMINER. Zaba, you reveal also your mind.
ZABA. They have each spoken rightly.
EXAMINER. Dabrani, speak.
DABRANI. They speak very well, and I think what they have voted is by far the most prudent. Justice will demand that. Such is my vote.
EXAMINER. Iavan, give your opinion.
IAVAN. It is so. I agree.
EXAMINER. The consensus of all has decreed what is the practice of the court. Therefore, elders, depart from this place separately. For it is not right for the parties to a suit to enter here because it is the office of the judge. Think rather that this controversy should be kept honest and free from calumny. I will grant you this case, because it is right to do so.
ACHAB. Although such great authority lies in us, that, according to the order of rank and on account of the sacred office of a presbyter, trust should be placed in our words, nevertheless, because it seems good to the senate, it shall be done.
SEDECHIAS. I am going now. Let us go through with the case immediately, judges, so that no one may be able to convict us of bringing our case, only that the adulteress may be made to appear in court immediately.
EXAMINER. Officers of the court. Go now. Carry out what we have decreed. Order the chaste wife of our best man Joachim and the glory of innocence to defend her innocence by public order, so that she may walk into this court furnished with good evidence, in good faith and with her own many strong adherents. This lady is accused of a capital crime, seize her quite carefully by the hands, in order that this action may be kept secure in every way.
CLETER. We shall carry out this public business.
CLETER. Let's go and carry out speedily the orders of our excellent examiner.
ABED. I'm with you. Hurry up.
CLETER. Not quite so fast. Great grief now fills my heart; if the necessity of my office did not now order this, I should withdraw. My heart finds it repugnant and abhorrent and, as God loves me, I do not know in what ways it should be done, what deity would do it.
ABED. It is a presentiment.
EXAMINER. Clerk, I shall hand over to you this business. Without delay, that the court may be full, call Galaad, Ierobaal, Arradan and Besasan, the elders, and ask them to complete the number of judges.
CLERK. I will diligently see to it that they are summoned.
THIRD CHORUS. From Psalm [118]: Blessed are the pure, for the chieftains have persecuted them.
Alas, the evil crowd of princes persecutes me undeservedly with serious tricks.
But my trembling heart is afraid of your words, jumping with deep fear.
The kind eloquence of the divine spirit again rejoices my heart.
Not otherwise than a man rich in spoils and famous in his triumph do I conceive of joys, putting to flight the pestiferous frauds and I have placed high value on the blessed law.
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