Part 16

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._

The second difference[543] between the _greater Consistory_ and the _lesser_, was in respect of the place. The _seventy_ sate only at _Jerusalem_, within the _Court of the Temple_, in a certain house called ‎‏לשכת הגזית‏‎ _Lischath hegazith_, _the paved Chamber_, because of the curious cut stones wherewith it was _paved_: by the _Greeks_ it was called λιθόστρωτον, the _Pavement_. _Pilate_ sat down in the Judgement Seat, in a place called the _Pavement_, _John 19. 13._ The other Consistory sate all in the _gates of the Cities_. Now because the gates of the City are the strength thereof, and in their gates their Judges sate: Hence is that, _Mat. 16. 18._ _The gates of Hell_ shall not overcome it, that is, neither the _strength_ nor _policy_ of _Satan_.

[543] _Moses Kotsen. ibid._

_Lastly_, they differed in respect of their _Power_ and _Authority_: the _Consistory of seventy_ received _appeals_ from the other _inferiour Courts_,[544] from that there was no appeal: Again, the _Consistory of three_ sate not on life and death, but onely on petty matters, as whipping, pecuniary controversies, and such like; the other of twenty three sate on life and death, but with a restrained power; they had not authority to judge an _whole tribe, the High-priest, false Prophets_, and other such weighty matters: this belonged only to the _seventy in Jerusalem_:[545] Hence is that, _O Jerusalem, Jerusalem, which killest the Prophets_, _Luk. 3. 34._ The means how they tryed the false _Prophet_ was thus; they observed the judgements which he threatned, and the _good_ which he prophesied to a place: if the judgements took not effect, this did not argue him a _false Prophet_, because God was merciful, as in the case of _Hezekiah_, and the people might repent, as the _Ninivites_ did: but if he prophesied _good_, and that came not to pass, they judged him a _false Prophet_. The ground of this tryal they make the words of _Jeremiah the Prophet, which prophesied of peace when the word of the Lord shall come to pass, then shall the Prophet be known that the Lord hath truly sent him_, _Jer. 28. 9._

[544] _Deut. 17. 8._

[545] _Cunæus de rep. Hebr. p. 109._

The _Colledge_ or company of these seventy, exercised judgment, not only under the _Kings_ and _Judges_,[546] but their authority continued in times of vacancies, when there was neither _Judge_ nor _King_ to rule _Israel_, and it continued until[547] _Herod_ put them down, and destroyed them, to secure himself of the Kingdome.

[546] _P. Galat. l. 4. cap. 5._

[547] _Joseph. Antiq. l. 14. c. 17._

Here some may object, that there were no such _Courts_, or their liberty much infringed in _Samuels time_: for he went from year to year in circuit to _Bethel_, and _Gilgal_, and _Mizpeh_, _and judged Israel in all those places_, _1 Sam. 7. 16._ To which, I take it, we may say, that as the _Emperours_ of _Rome_ had power to ride Circuits, and keep Assises, which was done without any infringement of the liberties of their _Senate_: So the _Kings_ and _Judges_ in _Israel_ had the like power, and yet the authority of their Courts stood firm. This kind of judging by keeping Assises, the _Romans_ termed βουλὴν κυρίαν, the other βουλὴν σύγκλητον.

CHAP. V.

_Properties required in Judges, and the manner of their election._

The Law of _God_ required these _properties_ in _Judges_: 1. _Wisdom._ 2. _Understanding._ 3. _Integrity._ 4. _Courage._ _Deut. 1. 13._ Others are reckoned, _Exod. 18. 21._ namely, 5. _The fear of God._ 6. _Love of Truth._ 7. _Hating of coveteousness_: to these may be added the eighth, namely, _having no respect of persons_, _Deut. 1. 17._ These two last especially, the _Heathens_ required in their Judges: whence the _Thebans_[548] painted _Justice without hands, and without eyes_, to intimate that Judges should receive no gifts, nor be swayed with sight of persons.

[548] _Plut. de Iside._

The _Jews_[549] added many more. 1. _That they should be free from all blemish of body._ 2. _That they should be skilled in the seventy Languages, to the intent that they might not need an Interpreter in the hearing of Causes._ 3. _That they should not be far stricken in years; which likewise was required by the Romans in their Judges, as appeareth by that common adage, Sexagenarius de ponte._ 4. _That they should be no Eunuchs, because such commonly were cruel._ 5. _That they should be Fathers of children, which they thought was a special motive to mercy._ 6. _That they should be skilful in Magick, without the knowledge of which, they were not able to judge of Magicians._

[549] _Moses Kotsen. in Sanhedrim._