In the Sermon on the Mount, Jesus has been speaking of our everyday lives and giving us practical teachings. He now continues with the subject of what to if we are going to court.
"When you are on your way to court with your adversary, settle your differences quickly. Otherwise your accuser may hand you over to the judge who will hand you over to an officer, and you may be thrown into prison. And if that happens you won't be free until you pay the last cent." Matt:5-25
In old days debtors were thrown into prison until they or someone else paid off their debts. This was common in England and in ancient days. Many were thrown into debtors prison. Jesus seems to be giving good advice in telling people to try to make a deal with the people they owe money to before going to court. The Romans counseled their people to do this also. In other words - don't be stubborn.
It is remarkable that this very direction is found in the Roman law of the Twelve Tables, which expressly directed the plaintiff and defendant to make up the matter while they were in the way, or going to the praetor - in via, rem uti pacunt orato. - Blackstone's Commentary, iii. p. 299. Whether the Saviour had any reference to this cannot be determined. As the Roman laws prevailed to some extent in Palestine, however, it is possible that there was such an allusion. http://bible.cc/matthew/5-25.htm
This commentary goes on to explain further how going to court is a violation of the 6th commandment. I found this very interesting.
Agree with thine adversary quickly - This is still an illustration of the sixth commandment. To be in hostility, to go to law, to be litigious, is a violation always, on one side or the other, of the law requiring us to love our neighbor, and our Saviour regards it as a violation of the sixth commandment. While you are in the way with him, says he, that is, while you are going to the court, before the trial has taken place, it is your duty, if possible, to come to an agreement. It is wrong to carry the contention to a court of law. See 1 Corinthians 6:6-7. The consequence of not being reconciled, he expresses in the language of courts. The adversary shall deliver to the judge, and he to the executioner, and he shall throw you into prison.
