22. 21._ _Nebuchadnezzar_ being to make war both with the _Jews_, and
the _Ammonites_, and doubting in the way, against whether of these he
should make his first on-set: First he consulted with his _Arrows and
Staves_, of which hath been spoken immediately before: _Secondly_, he
consulted with the _intrals of beasts_. This practice was generally
received among the _Heathens_, and because the _liver_ was the
principal member observed, it was called ἡπατοσκοπία, _Consultation
with the liver_. Three things are observed in this kind of divination.
First, the colour of the intrals, whether they were all well
_coloured_. Secondly, their _place_, whether none were _displaced_.
Thirdly, the _number_, whether none were wanting; among those that were
wanting, the want of the liver, or the heart chiefly presaged ill: That
day _Julius Cæsar_ was slain, it is storied, that in two fat Oxen then
sacrificed, the heart was wanting in them both.
THE FIFTH BOOK
OF THEIR CONSISTORIES.
CHAP. I.
_Their Courts of Judgment, especially their Ecclesiastical Consistory._
There were in _Israel_ distinct _Courts_, consisting of distinct
_persons_, the one principally for _Church-businesses_, the other for
_affairs in the Commonwealth_; the one an _Ecclesiastical Consistory_;
the other a _Civil Judicatory_:[517] Of these, and their several
censures, and punishments, it remaineth now to be spoken.
[517] _Junius Analys. Expos. Deut. 17._
These different Consistories, or _Courts_ of Justice, we find first
distinguisht, _Deut. 17. 12._ _He which will not hearken unto the
Priest, nor unto the Judge_. Where the people of _Israel_ are directed,
in what cases, and to what persons they should make their Appeals from
inferiour _Courts_; namely, the _Priests_, _in matters spiritual_, or
_ceremonial_, and to the _Judges_, _in matters civil or criminal_.
These two Courts are more plainly distinguished, _2 Chron. 19._ where
_Jehosaphat_, reforming many abuses in _Church_ and _Commonwealth_,
first appointed thorow-out all the fenced Cities of _Judah_, _secular
Judges_ to determine criminal causes, _ver. 5._ And at _Jerusalem_ he
appointed a _Spiritual Court_, consisting of _Levites, Priests, and
the chief Fathers of Israel_, _vers. 8._ And in causes spiritual for
the Lord, _Amariah_ the _High priest_ was chief: in causes criminal
for the King, _Zebadiah_ was chief, _ver. 11._ Likewise the _Prophet
Jeremiah_ is condemned to die by the _Consistory of Priests_, _Jer. 26.
8._ But by the _Consistory of Princes, or secular Judges sitting in the
gate_, he was absolved and discharged, _vers. 16._ Yea, although the
tyranny of _Antiochus_, and the troublesome times insuing had bred such
a confusion in matters of Government among the _Jews_, that an evident
distinction can hardly be found in the _New-Testament_, yet some
foot-steps, and imperfect tokens of both Courts are there observable,
principally, _Matth. 21. 23._ _It._ _Matth. 26. 3._ The _Chief
Priests_ and the _Elders_, of the people, are named as two distinct
_Consistories_: and each Consistory seemeth to be differenced by its
proper name: The _secular Consistory_ termed συνέδριον, A _Councel_:
the _spiritual_ termed συναγωγὴ, _a Synagogue_. _They will deliver you
up to the Councels, and they will scourge you in their Synagogues_,
_Matth. 10. 17._ Hence that great Assembly of _Prophets_ and holy men
called together by _Esra_, for the reformation of the _Church_, after
their return from _Babylon_, is called _Synagoga magna_, _A great
Synagogue_.
The Office of the _Ecclesiastical Court_, was to put a difference
between things _holy_ and _unholy_, and between _clean_ and _unclean_,
_Levit. 10. 10._ and to _determine Appeals in controversies of
difficulty_. It was a _representative Church_. Hence is that _Dic
Ecclesiæ_, _Mat. 18. 16._ _Tell the Church_, because unto them belonged
the _power of Excommunication_, the several sorts of which censure
follow in the next Chapter.
Only here take notice, that as in the _Civil Consistories_, consisting
of _seventy Judges_, which was the supreme Court, there were two
sate as Chief; namely, one whom they termed _Nasi_, _The Lord Chief
Justice_; and the other whom they termed _Abbeth din_, the _Father of
the Senate_: so in the _Ecclesiastical Consistory_ the _High-priest_
and his _Sagan_, or _second High priest_ sate chief there, _2 King.
23. 4._ That the _High priest_ sate in the _Sanhedrim_ necessarily,
is an errour;[518] for he was not elected into that Company, except
he were a man of extraordinary wisdome. Again, note, that sometimes
both _Consistories_ assembled together, as often as the matters to be
determined were partly _ceremonial_, partly _civil_, partly belonging
to the _Church_, partly to the _Commonwealth_: which being not noted,
causeth the Courts not to be distinguished by many Expositors. This
meeting and joyning of both _Consistories_ often appeareth in the
_Gospel_. The _chief Priests_ and _Elders_ meet together.
[518] _Moses Kotsen. in Sanhedrin._
CHAP. II.
_Of their Excommunication._
They had three _Degrees of Excommunication_. The first was called
in the _N. T._ _a casting out of the Synagogue_, _John 9. 22._ by
the _Jews_[519] _Niddui_ i. _a separation_ or _putting away_. It
signified[520] _a separation from all commerce or society either with
man or woman_ for the distance of _four Cubits_; also _from eating or
drinking with any; from the use of the marriage-bed, from shaving,
washing, or the like_, according to the pleasure of the _Judge_, and
the quality of the offence. It was of force 30 days, yet so that they
might be shortened upon repentance. He that was thus _excommunicated_,
had power to _be present at divine service, to teach others, and learn
of others; he hired servants, and was hired himself_, but always on
condition of the aforesaid _separation_. If he remained impenitent,
according to the pleasure of the Judge, his punishment was increased,
either to the doubling or the tripling of the time, or to the extending
of it to their lives end; his male-children were not circumcised; if he
died without repentance, then, by the sentence of the Judge, a stone
was cast upon his Coffin or Bier, to shew that he was worthy to be
stoned. They mourned not for such a one with solemn lamentation, they
followed him not unto the grave, nor buried him with common burial.
[519] _נודי Significat hæc vox Separationem, Elongationem;
deducitur à verbo נדה Separavit. Hinc etiam Proscriptus,
profligatus, aut separatus quispiam dicitur מיודה_
[520] _Buxtorf. ex Rabbinis Epist. Heb. pag. 55._
The second was called in the _N. T._ _a giving one over to Satan_, _1
Cor. 5. 5._ By the _Jews_ חרם _Cherem_. For the better understanding
of this word, we must know that it is not used in this sense in the
_Old Testament_; there we shall find it applied to _persons_, or to
_things_; if to _persons_, then it signifieth _a devotion of them
to God by their death_, _Levit. 27. 29._ If to _things_, then it
signifieth _a devotion of them unto God_, by separating them from
ordinary use. Hence it is that _Achan_ is punisht for stealing the
_devoted_ thing, _Josh. 7._ _Persons_ thus _devoted_, were termed
by the _Greeks_ ἀναθέματα; and _devoted things_, ἀναθήματα.[521]
Notwithstanding, in the _Apostles_ time, both _Cherem_ and ἀνάθεμα,
signified a _second degree of Excommunication_, differing from the
former. First because it was not done in a _private Court_, but
published in the audience of the _whole Church_: Secondly, maledictions
and curses were added out of the Law of _Moses_, At the publishing
hereof Candles were kindled; and when the curses were ended, they put
out the candles, in token that the excommunicate person was _deprived
of the light of heaven_. This kind of _excommunication_ was exercised
against the _incestuous person_, and against _Hymenæus_,[522] and
_Alexander_.[523]
[521] _Budæus ἀναθέματα dici tradit, homines sacros, (~i.~)
quorum capita inferis dicata sunt & devota; ἀναθήματα vero
donaria diis consecrata._
[522] _1 Cor. 5. 5._
[523] _Tim. 20. 1._
The third was called in the _New Test._ by the _Syriack_ name
_Maranatha_, _1 Cor. 16._ that is, _the Lord cometh_; _Maran_
signifieth _the Lord_, and _Atha_ _cometh_ and this they say was
instituted by _Enoch_, _Judg. 11._ The _Jews_ called it _Schammatha_,
the Etymology of which word I find to be twofold. Some say[524] it
soundeth as much as _Maran Atha_ _the Lord cometh_. _Schem_ signifieth
the _Lord_, and _Atha_ _cometh_: others say[525] it soundeth _there is
death_, _Schem_ signifying _there_ and _Mitha_ _death_. Hence we may
render it an _excommunication to death_. And this is thought[526] to be
the reason of that phrase, _1 John 5. 16._ _There is a sin unto death_,
i. which deserveth _excommunication to death_. _R. Gersom_[527] forbade
the breaking open of letters, under the penalty of all three sorts
of _excommunication_. And this was termed _Excommunicatio in secreto
nominis tetragrammati_: see the form thereof in the _Chapter of the
Sadduces_.
[524] _שם Dominus אתא venit._
[525] _Elias Thisbites. in radice שמתא_
[526] _Betram. de Politia Judaic. c. 2. p. 21._
[527] _Buxtorf. Epi. Hebr. p. 59 in dorso Epistolæ subjici
solebat hæc abbreviatura כהרג מת אסור ~i.~ prohibitum est per
anathema. R. Gersom luminis captivitatis (scil. resignare has
literas)._
In the _Greek Church_ there were[528] _four degrees of this censure_.
1. Σύστασις. Those were censured with this _degree_, who were only
_debarred the Lords Table_: as for enterance into the _Church_, hearing
the Word, praying with the Congregations, they enjoyed equal liberty
with _other Christians_, they might stand by and behold others receive
the _Sacrament_, but themselves did not partake thereof, whence they
were called _Stantes_. 2. ὑπόπτωσις, concerning this censure, all that
I read of it is thus; that he that is _thus censured_ hath admittance
into the Church.[529] But his place must be _behind the Pulpit_, and
he must depart with the _Catechumeni_, that is such _Pagans_ who were
gained to the _Christian Faith_, but not fully admitted into the
_Church_, because they wanted Baptism, and therefore that they might
not pray promiscuously with other _Christians_, there was a place
behind the _Quire of the Church_ in manner of Cloysters, allotted to
them, and was from them called _Catechumenum_:[530] This I take to be
the place of this _second degree of Excommunication_, so that the force
of this censure I think to consist in these three things. First, they
were _barred the Lords Table_. Secondly, they might _not stand by at
the administration of the Lords supper_ (which was allowed in the first
degree) and this appeareth clearly, because the _Catechumeni departed
always at the celebration of the Communion_, for to them principally it
was said, _Ite missa est_. Thirdly, though they might ὑποπεσεῖν _fall
down on their knees and pray_, and were thence called _Succumbents_,
yet this they might not do in the Congregation, but only in that place
_behind the quire or pulpit_, which was allotted to the _Catechumeni_,
and in this also this _second degree_ differeth from the _first_.
The third sort of censure was ἀκρόασις, the party thus censured was
permitted to come no further than the _Church Porch_, where it was
lawful for him to hear the Scriptures read, but not to joyn in prayer,
not to approach the _Lords Table_, whence such were termed _Audients_.
The Fourth, and last sort, was πρόκλαυσις, persons under this censure
stood quite without the Church, requesting those that entered in, with
tears and weeping to petition the _Lord_ for mercy toward them, whence
they were called _Plorantes_.
[528] _Vid. Justelli not. in codicem canonum Eccl. univers. ad
canon 55. Bellar. de pœnit. l. 1. c. 22. & Casaub. Exercit. p.
52. observant quintum gradum quem ille μέστωστιν aliter μέθεξιν
appellat._
[529] _Vid. Iustel. loco citato._
[530] _Hospin. de Templis. p. 88._
Seeing it is commonly thought, that _Cain_ was censured by the first
degree of _Excommunication_, called _Niddui_, and that the last called
_Schammmatha_ was of _Enochs constitution_; both these being of such
antiquity, I dare not say that the _three degrees of Excommunication_
were borrowed from the _three sorts of uncleanness_, which excluded
people out of the _three Camps_, though there was an observable
proportion between them.[531] _Niddui_ may be parrallel’d with the
exclusion out of the _Camp of God alone_, which befel those that
were defiled by touch of the dead: _Cherem_ may be compared to the
exclusion out of the _Camp of God, and the Camp of Levi_, which befel
those that were defiled of an issue. _Schammatha_ may be compared with
the exclusion out of _all three Camps, the Camp of God, the Camp of
Levi, and the Camp of Israel_, this befel those that were defiled with
leprosie; and from the _Jews_, it is probable that the _Greek_ and
_Latine Churches_ borrowed their _degrees of Excommunication_.
[531] _De quibus. P. Fagius, in Num. 5. 2._
CHAP. III.
_Their Civil Consistories, what persons were necessarily present in
them._
In many things men might be sinful in respect of _Gods Law_, though
not liable to punishment, in respect of mans; _thou shalt not avenge,
nor be mindful of wrong_, _Levit. 19. 18._ which the _Hebrews_ explain
thus, _To avenge_, is to deny a good turn to one who formerly denied
him. To _be mindful of a wrong_, is to do a good turn to one who
formerly would not do so much for him; but at the doing thereof, to
upbraid the other of his unkindness. They illustrate it thus: when
_Reuben_ said to _Simeon_, Lend me thy Hatchet; he answereth, I will
not lend him: Afterward _Simeon_ had need to borrow an Hatchet of
_Reuben_, and saith unto him, lend me thy Hatchet: _Reuben_ saith unto
him, I will not lend him, thou wouldst not lend me thine: this is נקימה
_Nekima_, _Avengement_. Now when _Reuben_ saith to _Simeon_, Lend me
thy Hatchet: he answereth, I will not lend him: afterwards _Simeon_
borroweth a Hatchet of _Reuben_: _Reuben_ saith, lo, I will lend it
thee, I will not deal with thee as thou dealedst with me, this is נטירה
_Netira_, _Mindfulness_: both these were sinful, but not liable to mans
judgment.
In all civil Courts, five sorts of persons were alwayes present. 1.
_Judges._ 2. _Officers._ 3. _Pleaders._ 4. _Notaries._ 5. _Witnesses._
In the _supreme Court_, there was one that was chief over all the other
_Judges_, they called him in _Hebrew_ _Nasi_, in _Greek_ ἄρχοντα, _The
Prince_. His leave was craved for the tryal of actions. The _Witnesses_
were at least two, _Deut. 29. 15._ If they were false, they punish’d
them with a _Talio_, the same punishment which he intended against his
brother, _Deut. 19. 19._ The _Notaries_ were two,[532] one stood on the
_right hand to write the sentence of Absolution_, and what was spoken
in defence of the party; the other stood on the _left hand, to write
the sentence of condemnation_, and the objections against the party.
_Drusius_[533] thinks that _Christ_ speaking of the last Judgment had
reference to this, _He shall set the sheep on the right hand, and on
the left the goats_, _Matth. 25. 23._ The _Officers_ were in manner of
_Sheriffs_, they were present to execute what the _Judges_ determined;
whence they carried up and down their _staves_ and _whips_,[534] as
the _Consuls_ of _Rome_ had _Rod_ and _Axes_, carried before them for
the readier execution of justice. In _Hebrew_ they are called שוטרים
_Schoterim_, by the Septuagint sometimes γραμματεῖς, in our _English_
translation commonly _Officers_, and by Saint _Luke_ πράκτορες: for,
doubtless there is allusion unto them, _Luke 12. 58._ When thou goest
with thine adversary, (ἄρχοντι) to the _Magistrate_, as thou art in the
way, give diligence that thou maist be delivered from him, lest he hale
thee to the _Judge_, and the _Judge_ deliver thee to the _Officer_,
_&c._ The _Pleader_ was called בעל ריב _Baal rib_, he stood on the
_right hand_ of the party cited into the _Court_, whether he pleaded
for or against him. The _Lord_ shall stand on the right hand of the
poor, to save him from those that judge his soul, _Psa. 109. 31._ that
is, _The Lord shall plead his cause_. And _Satan_ stood at the _right
hand of_ Joshua, _Zach. 3. 1._ that is _to accuse him, or plead against
him_. When S. _John_ speaking, _If any man sin, we have an Advocate_,
_1 John 2. 1._ he alludeth unto this _Baalrib_, or _Pleader_. The
_Judges_, they examined and determin’d matters and after examination,
sentence was pronounced by the _Judge_ in this manner: _Tu N. justus,
Tu. N. reus_, _Thou ~Simon~ art just: Thou ~Reuben~ art guilty_: at the
pronunciation of which the guilty person was dragged to the place of
execution. _When he shall be judged, let him be condemned_, _Ps. 109.
7._ the _Hebrew_ is, _Let him go out wicked_.
[532] _Moses Kotsen. in Sanhedrim._
[533] _Drus. præter. Matth. 25._
[534] _Moses Kotsen. in Sanhedrim._
The manner of sentencing persons, varied in most Countries. The _Jews_
by a simple pronunciation of sentence, both absolved men, and condemned
them. The _Romans_[535] gave sentence by calling in Tables into a
certain box or urne prepared for the purpose: if they absolved any,
they wrote the letter _A_ in the table, it being the first letter of
_Absolvo_: if they would condemn any, they cast in a table with _C_
written in it, which is the first letter of _Condemno_: if the matter
were hard to determine, they would cast in other tables with _N L_,
signifying _Non Liquet_. The _Græcians_[536] in like manner used three
letters: Θ was a token of _condemnation_, which occasioned that of
_Persius_.
_Et potis es nigrum, vitio præfigere Theta._
[535] _Rosin. Antiq. Rom. l. 9. c. 25._
[536] _Eras. Adag. Θ præfig._
Τ was a token of _absolution_; Α, of _ampliation_. Others signified
_condemnation_, by giving _a black stone_; and _absolution_ by giving a
_white stone_.
_Mos erat antiquis, niveis atrisque lapillis,_
_Hos damnare reos, illos absolvere culpa._
_Ovid. Metamorph. 15._
To this there seemeth to be allusion, _Rev. 2. 17._ To him who
overcometh I will give a _white stone_; that is, I will absolve and
acquit him in the day of judgement.
Note these three phrases, ἀναστῆναι είς κρίσιν, _To rise up to
judgment_; ἀναστῆναι ἐν κρίσει, _To rise up in judgment_; ἐξελθεῖν
καταδεδικασμένος, _To depart guilty_. The first is applied to the
_Judge_ in the execution of Justice, _When God rose up to Judge_,
_Psalm 76. 10._ that is, to _execute judgement_. The second is applied
_to the party prevailing in judgment_. _The men of Nineveh shall
rise up in judgement with this generation_, _Mat. 12. 41._ that is,
_shall be justified before this generation_. The last is applied to
the _party condemned_, _Psal. 109. 7._ _Let him depart guilty or
wicked: the ungodly shall not stand in judgment_, _Psal. 1._ The
like phrases were in use among the _Romans_, _Stare in Senatu_, to
prevail in the _Senate_; _Causa cadere_, _to be cast in ones suit_.
But these phrases among the _Romans_ I think to have been taken out
of their Fence-Schools, where the set posture of the body, by which a
man prepareth himself to fight and grapple with his enemy, is termed
_Status_, or _Gradus_, as _cedere de Statu_, _to give back_; _Gradum
vel statum servare_, _to keep one’s standing_: and from thence have
those elegancies been translated into places of Judgment.
CHAP. IV.
_The number of their Civil Courts._
Their Civil Courts were two, סנהדרים גדולה _Sanhedrim gedola_, _the
great Consistory_, or _Supreme Senate_, סנהדרים קטנה _Sanhedrim
Ketanna_, _the lesser and inferiour Court_. Thus I find them divided
generally by the _Rabbins_: And although the latter was subdivided,
as will after appear; yet in old time there were onely two first
branches: which division our _Saviour Christ_ seemeth to have followed,
calling the lesser Court κρίσιν, by the name of _Judgement_: the
greater συνέδριον, by the name of a _Counsel_. Whosoever is angry with
his brother unadvisedly, shall be culpable of _Judgement_. Whosoever
saith unto his brother _Raca_, shall be worthy to be punished by the
_Counsel_: Whosoever shall say _Fool_, shall be worthy to be punished
with the _fire of Gehenna_, _Mat. 5. 22._ In which words, as there is a
_gradation of sin_, 1. _Anger_, a passion of the mind. 2. _Raca_,[537]
scornful, or slighting speech, as _Tut, Tush, &c._ 3. _Fool_,
reproachful and opprobrious names: so likewise there is a _gradation
of punishment_. 1. _Judgement_, a lesser Court. 2. _Councel_, the
greater Court. 3. The _fire of Gehenna_: Now _Gehenna_ was a Valley,
terrible for two sorts of fires in it: First, for that wherein men
burnt their children unto _Moloch_.[538] Secondly, for another fire
there continually burning, to consume the dead carcasses, and filth of
_Jerusalem_; partly for the terribleness of the first, and partly for
the contemptibleness of the place by reason of the second fire, it was
a _type of hell fire it self_. We may resolve that text thus, _anger_
deserved the punishments of the _lesser Court_; _Raca_, the punishments
of the _greater_: and _Fool_ deserved punishments beyond all Courts,
even the _fire of_ Gehenna.
[537] _Raca non grandis alicujus est sermo convitii, sed magis
è contemptu natum est, & neglectu dicentis Chrysost. homil. 16.
in Mat._
[538] _David Kimchi. Ps. 27. 13._
The _greater Court_, by way of excellency, was called the _Sanhedrim_,
which word came from the _Greek_, συνέδριον, _a place of Judgement_:
It was also called בית דין _Beth din_, _the house of Judgment_.[539]
It was distinguished from the other _Courts_; first, in respect of the
number of the _Judges_, which were _seventy one_, according to the
command of _God_ to _Moses_ at their first institution, _Numb. 11. 16._
_Gather unto me ~seventy~ men of the ~Elders~ of ~Israel~, whom thou
knowest that they are the ~Elders~ of the people, the Governours over
them, and bring them unto the Tabernacle of the Congregation, and let
them stand there with thee_. From the latter words of this Text, it
is observed, that there were _seventy_ besides _Moses_; and therefore
after his decease they alwaies chose one _chief Judge_ in his room,
not reckoning him among the _seventy_; they called him _Nasi_, the
_Prince_ or _chief over the seventy_. These _seventy_ are thought[540]
to be chosen _six_ out of every _Tribe_, save the _Tribe of Levi_,
out of which only _four_ were chosen. Others think[541] the manner of
their choice was thus; six of every Tribe had their names written in
little scrolls of paper: in _seventy_ of these scrolls was written זקן
_Zaken_, _Senex_, _an Elder_, in the two other חלק _Cheleck_, _pars_,
_A part_; these scrolls they put into a pitcher or urn, and those that
pluck’d out a scroll wherein _Elder_ was written, were counted amongst
the number of the _Judges_; those that pluck’d out the other scrolls,
in which a _Part_ was written, they were rejected, _Numb. 11. 26._ The
senior of these _seventy_ was called אב בית דין _Ab beth din_, the
_Father of the Judgment Hall_. The whole Set[542] or _Bench of Judges_,
sate in manner of an half circle, the _Nasi_ sitting in the midst
above the rest, the other sitting round about beneath, in such manner
that the _Father of the Judgement Hall_ sate next to the _Nasi_ on the
right hand. The _lesser Consistory_ was subdivided into two sorts,
one consisted of _twenty three Aldermen_, and two such _Consistories_
there were in _Jerusalem_, the one at the _door of the Court before
the Temple_, the other at the _door of the Mountain of the Temple_:
yea, in every City throughout _Israel_ where there were sixscore
housholders, such a Consistory was erected: the other sort of _lesser
Courts_ consisted only of a _Triumvirate_, _three Aldermen_; and this
was erected in the lesser Cities, which had not the number of sixscore
housholders.
[539] _Moses Kotsen. fol. 186. col. 2._
[540] _Fran. Junius. Analyt. expos. Num. 11._
[541] _Solom. Jarchi._
[542] _Moses Kot. f. 185. col. 2._