The history of the rites, customes, and manner of life, of the present Jews, throughout the world. VVritten in Italian, by Leo Modena, a rabbine of Venice. Translated into English, by Edmund Chilmead, Mr. of Arts, and chaplain of Christ-Church Oxon

CHAP. VI.

Of their Contracts, Evidences, Wit∣nesses, Judges, and Judg∣ments.

EVery Contract, or Agreement, is concluded by each of the Parties touching the skirt of a Garment, or other Cloath of Witness: and this is done, as it were, in form of an Oath, and is cal∣led, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Kinian Sudar, Possessio per Sudarium, (sive Pannum:) a Bargain by a Cloath, or Handkercheif.

2. The Writings drawn by a Publick Notary, are of no Authoritie at all among Them, unlesse they are subscribed by One

Witnesse: and any writings whatsoever, either of Bargaines, Wills, Marriage, Di∣vorce, and whatever other Businesse Ima∣ginable, if they be signed by Two Witnes∣ses, they are of Force and Validitie.

3. If any man would have his Wri∣tings to be of Force, for ever after, and in all places whatsoever; he then adds, a Confirmation to them, by adding Three Others, to the Former; and These are cal∣led Judges of that Case.

4. When any Witnesses are, in any bu∣siness, to be examined, their examinations must be taken, in the presence of the per∣son Accused, or of the Adverse partie.

5. When any Differences, or Contro∣versies of what nature so ever, do arise, the principal Rabbines are the Judges of them, in most parts of the World: or else, they refer the Business to Arbitration, putting it into the hands of Two or Three of their Friends, that are Indiffe∣rently ingaged to both parties.

6. Their manner of Giving Judg∣ments is agreeable to the Rules set down

by the Rabbines at large, in many of their Books: and particularly in a Book called by them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Chosen hammisch∣pat, Pectorale Judicij, The Breast-plate of Judgment: and in many of their Resolu∣tions of Cases Proposed, which they call, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Scheeloth, Teschivoth; Questions and Answers: which are taken, for the most part, out of Exod. cap. 21. Haec sunt Judicia, &c. Now these are the Judg∣ments, which thou shalt set before them: and the following, cap. 22. & 23. and Deuter. cap. 22. 23. 24. 25. and lastly, according as the Judge, in Reason, shall think meet, who is to have regard both to the Per∣son, the Case in Controversie, and the Circumstance of Time.

7. In Criminall matters they, in all places, submit themselves wholy to the Punishment of the Prince, under whose subjection they live. Onely in Case of offending against any Rites of their own Law, they are liable to Excommunication by their Rabbines, as hath been formerly said, chap 3.