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kill any one unawares: However, we find but fix appointed in fcripture for that purpofe (x). There was nothing certainly more becoming the wisdom of God than to chufe cities of refuge out of thofe that belonged to the priests and Levites, who were to be the difpenfers of the divine mercy. This was very ill obferved by the priest and Levite, of whom we read in the gofpel (y); who were fo far from being inclined to pity an unhappy person that might have chanced undefignedly to kill another, that they would not vouchíafe fo much as the leaft affiftance to a poor traveller, that had been beat and wounded by thieves to that degree, as to be left half dead (z). Befides, it would not have been at all proper, that a perfon guilty of murder, even unawares, fhould have fled into a city inhabited by common people, because this would have set an ill example; and fome relation of the deceased might have been found there, who would have avenged his death. Moreover, the cities of the Levites being God's inheritance, they must confequently have been inviolable fanctuaries. The magistrates and officers belonging to the land of Ifrael, took a particular care to keep the roads that led to them very large, and in good repair; as free as poffible from any ditch or rifing ground that could any way retard the flight of the murderer. When he was come to any one of them, the judges proceeded to examine, whether the murder had been committed defignedly, or not: If defignedly, he was condemned to die; but if by chance, he remained in fanctuary till the death of the high-prieft, when he was delivered. It appears from fcripture, that before thefe cities had the privilege of fanctuary, the perfon guilty of manslaughter fled for refuge to the altar (a).

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Of the Courts of Judicature among the Jews.

S the councils or courts of the Jews (a) partly confifted of priefs and Levites, the judges and officers belonging to them may therefore very properly be ranked among their holy perfons, as upon the account of their office they actually were. It is not confiftent with our prefent defign, or intended brevity, to trace up the very first beginning and origin of these courts; we fhall therefore give only fuch an account of them, as is neceflary for the illuftrating the New Teftament. Neither fhall we fay any thing of the feventy judges appointed by Mofes (b); nor even of the great fynagogue, which confifted of an hundred and twenty perfons, and was inftituted, as the Jews pretend, by Ezra, for the reftoring of the church and religion (c).

The

(x) Deut. iv. 41. Joh. xxi. 17.
(a) Exod. xxii. 14. 1 Kings ii. 28.

(y) Luke x.

(z) Ver. 30.

(a) Deut. xvii. 12. 2 Chron. xix. 8.

(b) Exod. xviii. 21, 22. Deut. xvi. 18.

(c) See Dr. Prideaux's connect. P. I. B. V. under the year 446.

The Jews had three councils or courts of justice: 1. The court of twenty-three. There was one of thefe in every city, which had an hundred and twenty inhabitants. They took cognizance of capital causes, excepting fuch as were to be tried by the Janhedrim. 2. The court of three, which was inftituted in every place, where there were less than an hundred and twenty perfons. This determined only common matters between man and man. There is no mention of either of thefe tribunals in the fcripture, or Jofephus. Laftly, they. had the great council or fanhedrim, otherwife called the houfe of judg

ment.

The Sanhedrim.

There feems to be fome traces of this last tribunal in the book of Numbers (d), wherein it is faid, that God appointed feventy elders to aflift Mofes in deciding controverfies; and aiso in other places of holy fcripture (e). But fome learned authors are of opinion, that the tribunal of elders, mentioned in the feveral places here referred to, was not the fame as afterwards took the name of fanhedrim (ƒ),` because there is not the leaft mention of it in the Old Testament on feveral occafions, wherein it must naturally have acted or interpofed, had it been in being. Befides, the abfolute authority which the kings of Ifrael took upon themselves, was inconfiftent with that which the fanhedrim must have been invefted with, as being the fupreme tribunal of the nation. For these and other reafons, the fore-mentioned authors have thought proper to fix the beginning of it to the time when the Maccabees or Afmonæans took upon themfelves the administration of the government, under the title of high-priests, and afterwards of kings, that is ever fince the perfecution of Antiochus. However it be, it is certain that the fanhedrim was in being in our Saviour's time, fince it is often spoke of in the gospels (g) and Acts of the Apostles, and fince JESUS CHRIST himself was arraigned and condemned by it. It fubfifted till the destruction of Jerufalem, but its authority was almoft reduced to nothing, from the time that the Jewish nation became fubject to the Roman Empire (h).

This affembly confifted of feventy-one or feventy-two perfons, over whom were two presidents, the chief whereof was generally the high-prieft; though it was not neceffary he fhould always be fo, as we have before obferved. The other was a grave and fober per-. fon, of an illustrious family, that was named the Ab, or father of the

council.

Most of the members of this affembly were priefts and Levites; but any other Ifraelite might be admitted into it, provided he was of a good and honeft family, and unblameable in his life and converfation. Their manner of fitting was in a femicircle. At the two extremities there were

(d) Num. xi. 16.

two

(e) Deut. xxvii. 1. xxxi. 9. Joflì. xxiv. 1. 31. Judges ii. 7. 2 Chron. xix. 8. Ezek. viii. 11.

(f) The term Sanhedrim, was formed from the Greek σudgion, which fignifies an affembly of people fitting.

(g) Matth. v. 21. Mark xii. 9. xiv. (b) Jofeph. Antiq. 1. xiv. 10. 17.

55. XV. I.

two registers, who took down the votes. All matters of importance, whether ecclefiaftical or civil, were brought before this tribunal; fuch, for instance, wherein a whole tribe was concerned; or those that related to war, to the priests, the prophets and teachers, and even to the kings. It is an opinion generally received among the Rabbins, that about forty years before the destruction of Jerufalem, their nation had been deprived of the power of life and death. And the greatest part of authors, that have treated of these matters, do affert, that this privilege was taken from them ever fince Judea was made a province of the Roman empire, that is, after the banishing of Archelaus. They ground their opinion on thefe words of the Jews to Pilate: It is not lasuful for us to put any mor to death (i). But whoever confiders the ftate of the Jewish nation, and the authority of the Sanhedrim at that time, will find much reafon to doubt, whether the Jews had then loft that right. So that another fenfe is to be put upon this paffage, than what at first fight it seems to import, as is obferved in the note on that place. 1. From these words of Pilate to the Jews, Take ye him, and judge him according to your law (k), it may justly be inferred, that they could difpofe of the life of Jelus Chrift, there being no manner of ground for fuppofing this faying of Pilate's to be an irony. 2. Pilate found himself at a lofs how to país fentence of death upon a person in whom he found no fault at all, efpecially with respect to the Romans; and that in a case he had no notion of. It was not the cuftom of the Romans to deprive any country of its ancient laws and privileges, when they reduced it to a province. And Jofephus tells (1) us, that the Roman fenate and emperors gave the Jews full liberty of enjoying their's, as before. If fo, it is probable that they would have deprived them of one of the chicfeft, the power of condemning a blafphemer or tranfgreffor of the law to death? 3. There are some instances which undeniably prove, that the Jews had still the power of life and death. In the fifth chapter of the Acts we fee their great council confulting how they might put the Apostles to death; and perhaps they would have put their wicked purposes in execution, had they not been diffuaded from it by Gamaliel (m). The ftoning of St. Stephen was nothing like thofe riotous and diforderly proceedings, which the Jews were wont to call judgments of zeal, as fome writers have imagined. All is done here in a regular and legal manner, though with a great deal of rage and fiercenefs. St. Stephen is brought before the council or Sanhedrim (*). Falfe witneffes are fet up to accuse him of blafphemy ("). He makes a long fpeech to vindicate himself (0); but not being after all thought innocent, he is condemned to be stoned, according to the law. And lastly, his execution is performed according to all the rules obferved upon the like occafion. The witnesses, according to cuftom, caft the firit ftones at him, and lay their garments at Saul's feet (p). That the Jews had ftill power of life and death, is further

(i) John xviii. 31.

(*) John xviii. 31. See Bynæus de Morte Chrifti, 1. 3.

(2) Jofeph. contra Appion. p. 1065. Et de Bello Jud. 1. ii. chap. 17.

(m) A&ts v. 33. 34.

-(0) Acts vii.

(*) Deut. xvii. 7.

(p) Acts xxii. 20.

(n) Acts vi. 11.

further evident from what St. Paul fays before the council of the Jews (q), that he perfecuted the Chriftians unto death, and had received letters from the elders (or Sanhedrim) to bring them which were at Damascus bound unto Jerufalem to be punished. We do not find that the Roman magiftrates were wont to trouble themselves with causes of this nature: Pilate avoided, as much as poffible, condemning JESUS CHRIST, and was brought to it at laft purely out of fear of drawing upon himself the emperor's difpleafure, becaufe the Jews made treason their pretence of accufing him. The fame thing is manifeft from what Tertullus the orator of the Sanhedrim alledged against St. Paul, before Felix, procurator of Judea (r). We took Paul, faith he, and would have judged him according to our law. But the chief captain Lyfias came upon us, and with great violence took him away out of our hands. Which that officer undoubtedly did, because to the charge of blafphemy and of profaning the temple, they joined that of fedition, upon which last account he made his appearance before Felix, Feftus, and Agrippa. His appealing to the emperor is a farther proof that the Sanhedrim had the of condemning him to death. We may pass the fame judgment upon the motion Feftus made to him of going to Jerufalem, there to be judged (s), because the Sanhedrim could not exercise their jurifdiction any where elfe. From all the particulars we may juftly conclude, that the Jews had still the power of life and death; but that this privilege was confined to crimes committed against their law, and depended upon the governor's will and pleasure. Which is evident from the inftance of the high-prieft Ananus, who was depofed for having convened the Sanhedrim, and put St. James to death without the confent, and in the abfence of Albinus, who fucceeded Feftus in the government of Judea (t).

power

The judges of Ifrael were wont formerly to meet at the door of the tabernacle (u). Afterwards an apartment adjoining to the court of the priests was fet apart for that ufe (*). It was unlawful to judge capital caufes out of that place. The Thalmudifts relate, that about forty years before the destruction of Jerufalem, i. e. about the thirtieth of Christ, the Jewish Sanhedrim removed from that place into another, which was clofe to the Mount of the temple. The reafon they give for it, is, that there were then fuch vaft fwarms of thieves and murderers in Judea, that it was impoffible to put them all to death; both because they were very numerous, and because they were often refcued out of the hands of juftice by the people, or the Roman governors. So that the Sanhedrim thought fit to forfake that place, where the extreme iniquity of the times would not fuffer them to inflict due punishments on criminals; fancying themselves no longer bound to adminifter juftice, if they forfook the place that was appointed for it. And perhaps when the Jews told Pilate that it was not lawful for them to put any man to death, they meant only, either that their power was confiderably leffened in this refpect,

(s) Acts xxv. 9.

(7) Ibid. ver. 4, 5.
(r) Acts xxiv. 6, 7.
() Jofeph. Antiq. 1. xx. 8.
(u) Numb. xi. 24.
(*) It was called the chamber Gazith, or of freestone.

the

the whole authority being lodged in the Roman governors (w); or elie that they did not now affemble in the place fet apart for taking cognizance of capital crimes. The Sanhedrim was afterwards removed into the city, and from thence to feveral places out of Jerufalem. These frequent removals reduced, by degrees, its power and authority to nothing.

Before the birth of our Saviour, two very famous Rabbins had been prefidents of the Sanhedrim, viz. Hillel and Schammai, who entertained very different notions upon feveral fubjects, and particularly upon the point of divorce. This gave occafion to the queftion the Pharifees put to JESUS CHRIST upon that head (x). Before Schammaï, Hillel had Menahem for his affociate in the presidency of the Sanhedrim. But the latter forfook afterwards that honourable poft, to join himself, with a great number of his difciples, to the party of Herod Antipas, who promoted the levying of taxes, for the use of the Roman emperors, with ali his might. Thefe, in all probability, are the Herodians, of whom men tion is made in the gospel, as we have observed on Matth. xxii. 16. To Hillel fucceeded Simeon his fon, who is fuppofed to have been the fame as took JESUS CHRIST up in his arms (y), and publickly acknowledged him to be the Meffiah. If so, the Jewish Sanhedrim had for prefident a perfon that was entirely difpofed to embrace Christianity. Gamaliel, the fon and fucceffor of Simeon, feems alfo not to have been far from the kingdom of heaven (≈).

Of the Jewith Prophets and Doctors.

Of the prophets. THE bod to mankind, to teach and reprove, to

bufinefs of the prophets was to reveal the will

foretel things to come, and, upon occafion, to confirm religion and the prophecies they delivered, by miracles, which were termed signs, because they were plain and manifeft proofs of their divine miffion. Jews and Chriftians unanimoufly agree, that Malachi was the laft of the prophets properly fo called. It is obfervable, that so long as there were prophets among the Jews, there arofe no fects or hereftes among them, though they often fell into idolatry. The reafon of it is, that the prophets learning God's will immediately from himself, there was no medium; the people muft either obey the prophets, and receive their interpretations of the law, or no longer acknowledge that God who infpired them. But when the law of God came to be explained by weak and fallible men, who feldcm agreed in their opinions, feveral fects and religious parties unavoidably fprung up.

(w) Ios. Ant. xviii. £. (y) Luke i. 28.

(x) Matth. xix. 3.
(x) Acts v. 34, &c. xxii. 3.

We

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