Chapter VII: Front Matter (7)

Here we must note that the word _Kabbala_, when it is applied to the _Kabbalists_, to difference them from the _Talmudists_, is taken in a stricter sense, and signifieth those subtleties or mysteries which are observed from the different writing of some letters in the Scripture, from the _transposing of them_, from a _mystical kind of Arithmetick_, &c. This was never wholly committed to writing, of some instances we have, _Gen. 23. 2._ _Abraham came_ לבכתה _to weep for Sara_. Here because the letter _Caph_ is less than the rest, they note[496] that _Abraham wept but little for Sara_, because she was old. Again, the letter _Aleph_ is found six times in the first verse of _Genesis_: Hence R. _Elias_ collected that the world should endure but _six thousand years_: because _Aleph_ in the _Hebrews computation_ standeth for a thousand. From the transposition _of letters_ they conclude after this manner; חרם _Cherem_ signifieth _Anathema_ or _Excommunication_, by a _Metathesis_ or _transposition of letters_, it is made רחם _Rachem_ signifying _mercy_; by another _transposition_ it is made רמח _Ramach_, which letters in the _Jews computation_ make 248, which in their Anatomy, they find to be the just number of members in a mans body: their conclusion hence is, that if _an excommunicated person do truly repent then his ~Cherem~ is turned into ~Rachem~, his curse turned into a blessing: if he do not repent, then his ~Cherem~ entreth into ~Ramach~, the curse entreth into all his members_, to the utter destroying of the whole man. Again, איש _Isch_, signifieth _a man_. אשה _Escha_, _a woman_. Hence they note, that in the _name of the man_ here is י _Jod_ which is not in the _name of the woman_; in the _name of the woman_ there is ה _He_, which is not in the _name of the man_: both these make יה _Jah_, one of the names of God: these being taken away, in both names there remains אש _Esch_ signifying _fire_, to shew, that as long as man and wife agree, _God is with them_: but when they disagree, _fire is between them_: Thus we see what vain mysteries their _Kabbalists_ observe.

[496] _Baal Turin._

CHAP. IX.

_Their Teraphim._

Concerning the _Teraphim_, two things are especially to be enquired. _First_, what they were? _Secondly_, for what use? the word תרף _Taraph_, signifieth in general the _compleat Image of a man_. _Michal_ took an _image_, (_a Teraphim_) and laid it in the bed, _1 Sam. 19. 13._ More particularly it signifieth an _Idol_ or _image made for mens private use in their own houses_, so that these images seem to have been their _Penates_ or _Lares_, their houshould _gods_; wherefore hast thou stoln my _gods? my Teraphim_, _Gen. 31. 30._ And this man _Michal_ had _an house of gods_, and made an _Ephod_ and _Teraphim_, _Jud. 17. 5._ Because of the worship exhibited to these _Idols_: Hence from the _Hebrew_ _Taraph_, as some read it, _Tharaph_, cometh the _Greek_ θεραπεύειν, _To worship_.[497] The manner how these _Images_ were made, is fondly conceived thus among the _Rabbines_;[498] _They killed a man that was a first-born son, and wrung off his head, and seasoned it with salt, and spices, and wrote upon a plate of gold the name of an unclean spirit, and put it under the head upon a wall, and lighted Candles before it, and worshipped it_. With such _Laban_ spake, say they. But, without controversie, the _Teraphim_ which _Michal_ put in the bed, was a _compleat statur, or Image of a man_. The use of these _Images_ was, to consult with them as with _Oracles_, concerning things for the present unknown, or future to come. To this purpose they were made by _Astrologers_[499] under certain constellations, capable of heavenly influences, whereby they were enabled to speak. The _Teraphims have spoken vanity_, _Zach. 10. 2._ And among other reasons why _Rachel_ stole away her Fathers Images, this is thought to be one, that _Laban_ might not by consulting with these Images discover what way _Jacob_ took in his flight.

[497] _οὐδ’ ἀθανάτους θεραπεύειν ἤθελον. Hesiod. Ἔργ. καὶ ἡμέρ._

[498] _R. Eliezer. vid. Eliam Thisbit._

[499] _Aben. Ezra. Gen. 31._

CHAP. X.

_The several sorts of Divination forbidden._

We shall find, _Deut. 18. 10, 11._ those _Diviners_, which are by the Law forbidden, distinguished into _seven kinds_; not because there were no other, but they were the most usual. 1. _An observer of times._ 2. _An Inchanter._ 3. _A Witch._ 4. _A Charmer._ 5. _A consulter with familiar spirits._ 6. _A Wizard._ 7. A _Nigromancer._ To these we may add an eighth, out of _Hos. 4. 12._ _Consulting with the staff._ and a ninth out of _Ezek. 21. 21._ A _consulter with entrails_. 1. The first is מעונן, an _observer of times_,[500] one that distinguisheth times and seasons, saying _Such a day is good, or such a day is naught; such an hour, such a week, such a month is luckie, and such and such unluckie for such and such businesses_: whence those[501] that derive the word from עין _Gnajin_, signifying an _eye_ (as if hereby we meant a _Jugler, or Imposter, who deceived the eyes of his spectators by casting a mist before them_) utterly mistake: more pertinently they speak, who derive it from עונה _Gnona_, signifying _Time_. But of all I approve those who derive it[502] from ענן _Gnanan_, A _Cloud_, as if the Original signified properly a _Planetary_, or _Star-gazer_. Hereby he is distinguished from the second sort of unlawful _Diviners_, for he also was an Observer of times; _the first_ drawing his conclusions from the _colour or motion of the Clouds: the second from his own superstitious observation of good and evil events, happening on such and such dayes, such and such times_: the _first_ seemeth to have drawn his conclusions, _a priori_, from the _Clouds_ or _Planets, causing good and bad events_: the second, _a posteriori, from the events themselves, happening upon such and such times_. This _Planetary_, when he observed the _clouds_, seemeth to have stood _with his face Eastward, his back Westward, his right hand towards the South, and his left hand towards the North_: except it was from this positure of the _Star-gazers body_ in time of observing, I find no reason why the _Hebrews_ should term the _Eastern_ part of the world קדים, _Kadim_ i. The _former part of the world_: the _Western part_ אחור, i. e. The _back part_; the _South part_ ימין _Jamin_, i. e. The _right hand_; the _North part_ שמאל _Shemol_, i. e. The _left hand_. That the reason of these denominations is, because _Adam_ was created with his face toward the _East_, is as vain, as hard to prove.

[500] _Jarchi. Lev. 19. 26._

[501] _D. Kimchi. in rad._

[502] _Aben. Esra. Levit. 19. 26._

2. The second is מנחש, _Menachesch_, rendred an _Inchanter_; it importeth rather an _Augur_, or _Soothsayer_. The Original signifieth such an one _who out of his own experience draweth observations to foretell good or evil to come_, as _Soothsayers_ do, by observing such and such events, by such and such flying of Birds, screechings, or kawings. The _Rabbines_ speak in this wise:[503] _He is Menachesch, a Soothsayer, who will say, because a morsel of bread is fallen out of his mouth, or his staff out of his hand, or his son called him back, or a Crow kawed unto him, or a Goat passed by him, or a Serpent was on his right hand, or a Fox on his left hand, therefore he will say, Do not this or that to day._ This word is used, _Gen. 30. 27._ I have _learned by experience_, saith _Laban_, that the Lord hath blessed me for thy sake. Again, _Gen. 44. 5._ _Is not this the cup in which my Lord drinketh, and whereby indeed he divineth?_ that is, _proveth, or maketh tryal or experience what manner of men ye are_: The _Heathen_ people were very superstitious in these observations: Some daies were _Atri_, others _Albi_, some _unlucky_, others _lucky_; on some daies they accounted it unfortunate to begin battel, on some months unfortunate to marry.

[503] _D. Kimchi. radic._

_Mense malum Maio nubere vulgus ait._

_Ovid. Fast._

And as they were _superstitious in observing unlucky signs_, so likewise in the means used to _avert the evil_ portended: the means were either _words_ or _deeds_.[504] _Deeds_; thus if any unlucky Bird, or such like came in their way, _they would fling stones at it_; and of this sort is _the scratching of a suspected Witch_, which among the simple sort of people is thought to be a means to cure _Witch-craft_. By _words_, they thought to elude the evil, signified by such signs, when they say, Εἰς κεφαλὴν σοὶ, _In caput tuum recidat hoc omen_; _This evil light on thy own head_.

[504] _Plura istiusmodi ἐνόδια σύμβολα vide apud Theophrastum
Character. περὶ Δεισιδαιμ._

The third is מכשף _Mecascheph_, _a Witch_, properly a _Jugler_. The Original signifieth such a kind of _Sorcerer who bewitcheth the senses and minds of men, by changing the forms of things, making them appear otherwise than indeed they are_. The same word is applied to the Sorcerers in _Egypt_, who resisted _Moses_ _Exod. 7. 11._ Then _Pharaoh_ also called _Mecaschphim_, the Sorcerers. Now the _Magicians_ in _Egypt_; they also did in like manner with their _Inchantments_. This latter part of the Text explaineth what those Sorcerers were. In that they are called _Magicians_, it implieth their learning, that they were _wise men_, and _great Philosophers_: the word _inchantments_ declareth the _manner of the delusion_, and it hath the signification of such a _slight whereby the eyes are deluded_, for להטים _Lahatim_, there translated _inchantments_, importeth the _glistering flame of a fire or sword, wherewith the eyes of men are dazled_. The _Greek_ version doth not unfitly term them φαρμακοὺς, _Unguentarios_, _Syplasiarios_, _Compounders of Medicines_, or if you please _complexion-makers,[505] such Artisans who mask men and womens faces with paintings and false complexions_. Hence it is that the _Apostle_ compareth such false teachers, _who under a form and shew of godliness_, lead captive silly women, to the _Egyptian_ Sorcerers _Jannes ~and~ Jambres, who resisted ~Moses~,_ _2 Tim. 3. 8._ These two were of chief note: In the _Talmud_[506] they are all called _Johanne_ and _Mamre_; by _Numenius_,[507] a _Pythagorean_, _Jannes_ and _Mambres_; by _Pliny_,[508] _Jamnes and Jotape_.

[505] _φαρμακὸς δέ ἐστι μύρεψος. Suidas._

[506] _Talmud. tract. Menachoth. c. 9._

[507] _Origen. contra Celsum. lib. 4._

[508] _Plin. nat. hist. lib. 30, cap. 1._

The fourth is חובר _Chober_, _a Charmer_. The _Hebrew_ word signifies _conjoyning_ or _consociating_; either from the league and fellowship which such persons have with the devil, or as _Bodine_ thinketh[509] _because such kind of Witches have frequent meetings, in which they dance and make merry together_. _Onkelos_ translateth such a charmer רטין _Raten_, _a mutterer_, intimating the manner of these Witcheries to be by the muttering, or soft speaking of some spell or charm. The description of a _Charmer_ is thus delivered:[510] _He is a character who speaketh words of a strange language, and without sense, and he in his foolishness thinketh that these words are profitable: that if one say so or so unto a Serpent or Scorpion, it cannot hurt a man, and he that saith so or so unto a man, he cannot be hurt_, &c. _He that whispereth over a wound, or readeth a verse out of the Bible, likewise he that readeth over an Infant, that it may not be frighted, or that layeth the book of the Law, or the Phylacteries upon a child that it may sleep, such are not only among Inchanters, or Charmers, but of those that generally deny the law of God, because they make the word of the Scripture medicine for the body, whereas they are not, but medicine for the soul._ As it is written, _Prov. 3. 22._ _They shall be life unto thy soul_. Of this sort was that whereof _Bodinus_[511] speaketh, _That a child by saying a certain verse out of the Psalms, hindred a woman that she could not make her butter; by reciting the same verse backward, he made her butter come presently_.

[509] _Bodin. Mag. dæmon. l. 1. c. 6._

[510] _Maimon. tract. Idolol. c. 11. sect. 10. 12._

[511] _Bodin. Mag. dæmon. l. 2. c. 1._

The fifth, שאל אוב _Schoel Ob_, _a consulter with Ob_, or _with familiar spirits_. _Ob_ signifieth properly a _bottle_, and is applied in divers places of Scripture to _Magicians_, because they being possessed with an evil spirit, speak with a soft and hollow voice, _as out of a bottle_. The _Greek_ calleth them Ἐγγαστριμύτης _Ventriloquos_; _such whose voice seemeth to proceed out of their belly_.[512] Such a _Diviner_ was the Damosel, _Acts 16. 16._ in St. _Augustines_ judgement,[513] and is probably thought so by most Expositors, who are of opinion, that the _spirit_ of _Python_ with which this Damosel was possessed, is the same which the _spirit of Ob_ was amongst the _Hebrews_. Hence the _Witch of Endor_, whom _Saul_ requested to raise up _Samuel_, is said in _Hebrew_ to have consulted with _Ob_; but among the _Latine_ Expositors she is commonly translated _Pythonissa_, _one possessed with the spirit of Python_.

[512] _Chrysostom. 1 Cor. 12. Tert. adv. Marcion. l. 4. c. 25._

[513] _August. 1. de doct. Christ. c. 23._

The sixth is, ידעני _Iiddegnoni_, a _Wizard_; in the _Greek_, he is translated sometimes Γνώστης, a _cunning-man_. In both Languages he had his name from _knowledge_, which either the _Wizard_ professed himself to have, or the common people thought him to have. The _Rabbies_ say,[514] he was so called in _Hebrew from a certain beast named by them ~Jadua~, in shape resembling a man, because these Wizards when they did utter their Prophecies, held a bone of this Beast between their teeth_. This haply might be some _Diabolical Sacrament or Ceremony_, used for the Confirmation of the league between _Satan_ and the _Wizard_. _Prophane_ History[515] mentioneth Divinations of the like kind, as that _Magicians_ were wont to eat the principal parts and members of such beasts which they deemed _Prophetical_, thinking thereby, that by a kind of μετεμψύχωσις the Soul of such Beasts would be conveyed into their bodies, whereby they might be enabled for Prophecy.

[514] _P. Fag. Levit. 19. Verum Athenæus bestiam hanc vocat
καταβλεπάδα. Vid. Bodin. Mag. dæmon. l. 1. c. 6. p. 18._

[515] _Perer. de Mag. p. 57._

The seventh is דורש אל המתים _Doresch el hammethim_; the _Greek_ answereth word for word, ἐπερωτῶν τοὺς νεκροὺς, _An enquirer of the Dead, a Necromancer_. Such Diviners consulted with _Satan in the shape of a dead man_. A memorable example we find recorded, _1 Sam. 29._ There, King _Saul_ about to war with the _Philistines_ (God denying to answer him either by _dreams_, or by _Urim_, or by _Prophets_) upon the fame of the _Witch of Endor_, he repaired to her, demanding that _Samuel might be raised up from the dead_, to tell him the issue of the war. Now that this was not in truth _Samuel_, is easily evinced, both by testimonies of the learned, and reasons. _First_, it is improbable, that God who had denied to answer him by any _ordinary means_, should now deign him an answer so extraordinary. _Secondly_, no Witch or Devil can disturb the bodies or Souls of such as die in the Lord, because they rest from their labors, _Rev. 14. 13._ _Thirdly_, if it had been _Samuel_, he would doubtless have reproved _Saul for consulting with Witches_.

The eighth is שאל מקלו _Scoel maklo_, _A Consulter with his Staff_. _Hos. 4. 12._ _Jerome_ saith the manner of this divination was thus: _That if the doubt were between two or three Cities, which first should be assaulted; to determin this, they wrote the names of the Cities upon certain staves or arrows, which being shaked in a quiver together the first that was pulled out determined the City._ Others[516] deliver the manner of this consultation to have been thus: _The consulter measured his staff by spans or by the length of his finger, saying, as he measured, I will go, I will not go, I will do such a thing, I will not do it, and as the last span fell out, so he determined_: This was termed by the Heathens ῥαβδομαντεία or βελομαντεία, _Divination by rod or arrows_.

[516] _Vid. Drus. in Deut. p. 592._

The ninth was ראה בכבד _Roe baccabed_, _a diviner by intrales_, _Ezek. 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._

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._

That there might be a sufficient supply of able men to succeed in the room of the _Judges_ dying, there sate[550] three benches of others beneath, whom they called[551] _Talmidi Chacamim_, _Scholars of the wise men_: out of these they made their Election, and two of these always accompanied the condemned person to the place of execution.

[550] _Moses Kotsen. ibid._

[551] _תלמידי חכמים Discipuli sapientum._

Their _Inauguration of Judges was two fold_: At first, by _imposition of hands_ upon the head of the party, after the example of _Moses_ laying hands on _Joshua_: this _imposition of hands_ was not held lawful,[552] except it were in the presence of five or three _Judges_ at the least. Afterwards, it was by _saying a certain verse_[553] Lo, _thou art associated, and power is given thee to judge of penalties_. Hence is that saying of _Galatinus_ out of the _Talmud_, _Institutio Judicum, aut manu fiebat, aut nomine tantum_.

[552] _Petr. Galatin. lib. 4. cap. 5._

[553] _הרי את סמוך ויש לך רשות לדון אפילו דיני קנסות Maimon. in
Sanhedrin, c. 4._

Observe here, that _Samuc_, which I render _associated_, doth not alwayes signifie a man licensed to the discharge of some publik office by the _imposition of hands_; for here it is applied to those who were _not admitted by imposition of hands_. Now the reason why these words _Semica_, and _Semicuth_, are generally by all Expositors, _Jews_ and _Christians_, translated the _imposition of hands_, is, because this solemn kind of licensing, termed _Semica_, or _Semicuth_, was in old time used only towards two sorts of men in their admission, towards _Rabbies_ and towards _Judges_; which kind of permission, because it was not performed towards either of them without this ceremony of _imposing hands_: hence these two words have been translated the _imposition of hands_; whereas properly they signifie nothing else, but _an association, an approximation, or conjoyning of one into the same corporation or company, of which he that doth associate and give admission is a member_.

CHAP. VI.

_Ceremonies common in all capital Judgments._

In their greater punishments, which deprived of life, some _ceremonies_ were _common_ to them all.

First, _The Judges were to use deliberation in all causes_, but especially in matters capital. There were four causes, saith _Jonathan_ in his _Targum_,[554] that came before _Moses_ ( he mentioneth none in particular, but what they were, we shall presently learn out of other records.) _Two_ of these were not _weighty_; in these he _hastened_: _Two more material_, concerning life and death; in these he delayed.[555] _Cæterum tam de his quam de illis dicebat, Non audivi_; _Of both the lighter and weightier causes, ~Moses~ said I have not heard_, to wit, from the _Lord:_ to shew, that a deliberation and consultation as it were with God, ought to be in all _judgements_, before sentence be pronounced. These four causes are named in other _Records_:[556] The _two lightest are_, 1. _The matter of uncleanness debarring the people from the Passover_, _Num. 9. 9._ Secondly, _the case of ~Zelophehads~ daughters_, _Num. 36. 10._ _The 2 weightier are_, 1. _The cause of the blasphemer_, _Lev. 24. 13._ _Secondly, The case of him that gathered Sticks on the Sabbath_, _Numb. 15. 35._ In all these judgments there is, _The Lord spake unto Moses_. And in the first, which was counted among the lighter causes (because it was not on life and death) even there doth _Moses_ in a solemn manner bespeak the people to stand still, _Et ego audiam_, _And I will hear what the Lord will command_. Notwithstanding, _wilful delays in Justice_ maketh the _Judge unrighteous_. In that _unrighteous Judge_, from whom the Widow wrested sentence by importunity; we read not of any other fault in him, but delay, _Luke 18. 6._

[554] _Targum Jonath. Num. 9. 8._

[555] _ובאלין ובאלין אמר משת לא שמעית Jonath._

[556] _Targum. Hierosol. Num. 9. 8._

_Secondly_, The party accused was placed on some _high place_, from whence he might be seen and heard of all the people: _Set Naboth_, _in capite populi_, _on high among the people_, _1 Kings 21. 9._

_Thirdly_,[557] The _Judges_ and the _Witnesses_ did (when sentence was pronounced) put their hands upon the condemned persons head, and said; _Sanguis tuus super caput tuum_, _Thy blood be upon thine own head_: unto this the people had reference, saying, _His blood be on us, and on our children_, _Mat. 27. 25._

[557] _Drus. præteri. Matth. 27._

_Fourthly_, The place of execution was _without the gates_, the malefactors were had thither by _two Executioners_, termed by the _Rabbines_[558] חזני הכנסת _Chazani hacceneseth_, _Spectators of the Congregation_, which is a _periphrasis_ of those whom S. _Mark_ calleth σπεκουλάτωρες, _Mark 6. 27._ which word, though it be used by the _Greeks_ and _Chaldee Paraphrasts_,[559] yet it is a meer _Latine_, derived _à speculando_; because in the _Court_ the _Executioners_ were only Spectators, to behold and attend what the _Judges_ would command them.

[558] _Moses Kotsen. in Sanhedrim. It. Talmud. it. Maccoth. cap. 3. in
Mischna._

[559] _ספוקל טריא Uziel. & Targum Hierosol. Gen. 37. 36._

_Fifthly_, When the malefactor was led to execution, a _publick cryer_ went before,[560] saying, _Such a one is going to be punisht with such a death, because he hath committed such, or such an offence, at such a time, in such a place; and these ~N. N.~ are witnesses thereof: If any therefore knoweth any thing which may do him good, let him come and make it known_. For this purpose one was appointed to stand at the door of the Consistory, with an handkerchief or linnen cloth in his hand, that if any person should come for his defence, he at the door swinged about his handkerchief, upon the sight whereof, another standing in readiness a pretty distance off with an horse, hastened and called back the condemned person: yea, if the Malefactor had any further plea for his own purgation, he might come back four or five times, except he spake vainly; for the discerning whereof, two of those whom they termed _Scholars of the wise men_, were sent with him to observe his speech on the way.

[560] _Moses Kotsen. in loco superius citato._

_Sixthly_, He was exhorted to _confess_, that he might have his portion in the world to come: Thus _Joshua_ exhorted _Achan_, _Josh. 7. 19._ _My son, give I pray thee glory unto the Lord God of Israel, and make confession unto him_: unto whom _Achan_ answered, _vers. 20._ _Indeed I have sinned against the Lord God of Israel, and thus have I done_.

_Seventhly_, In the time of execution, they gave the Malefactor _Granum thuris in calice vini_, _A grain of Frankincense in a cup of Wine_:[561] this they did give to cause a giddiness in the condemned persons head, that thereby he might be less sensible of the pain. St. _Mark_ calleth this cup ἐσμυρνισμένον οἶνον, _Wine mingled with Myrrhe_, Mark 15. 23. This was done after the _manner of the Jews_, but the _Souldiers in mockery_ mingled Vinegar and Gall with it, _Mat. 27. 34._ As likewise they gave him a second cup in _derision_, when they took a spunge, and filled it with Vinegar, and put it on a reed, _Matth. 27. 48._ S. _Mark_ in the first cup mentioneth the custome of the _Jews_, which in it self had some shew of compassion; for the ground of this custom was taken from that, _Prov. 31. 6._ _Give strong drink unto him that is ready to perish_. S. _Matthew_ mentioneth onely their wicked mixture, contrary to the _receiv’d custom_; so that one Evangelist must expound the other. This first _cup_ was so usually given before execution, that the word _Calix_ _a cup_, is sometimes in the Scripture put for _death it self_. _Father, if it may be, let this cup pass from me._

[561] _קורט לבונה בכוס של יין Corat. lebona becorschel iaijn
Maimon. in Sanhedrin cap. 13. It. Moses Kotsen. in Sanhedrim._

Lastly,[562] The _Tree_ whereon a man was hanged, and the _Stone_ wherewith he was stoned, and the _Sword_ wherewith he was beheaded, and the _Napkin_ wherewith he was strangled, they were all buried, that there might be no evil memorial of such a one, to say: _This is the Tree, this is the Sword, this is the Stone, this is the Napkin, whereon, or wherewith, such an one was executed_.

[562] _Casaub. exercit. p. 654. ex Maimonid._

CHAP. VII.

_Their capital punishments._

The _Jews_ of old had only _four sorts of death_[563] in use among them. 1. _Lapidatio_,[564] stoning. 2. _Combustio_,[565] burning. 3. _Decollatio_,[566] beheading. 4. _Suffocatio_,[567] strangling. Of these, _stoning was counted the most grievous, burning worse than beheading, beheading worse than strangling, and strangling was the easiest of all_.

[563] _Paraphrast. Cald. Ruth. 1. 17. Mikkotsi. fol. 188. col. 3._

[564] _סקילה Sekila, Lapidatio._

[565] _שריפה Sheripha, combustio._

[566] _הרג Hereg. decollatio._

[567] _חנק Chenek. Suffocatio._