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. Drusius533 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.
The manner of sentencing persons, varied in most Countries. The Jews by a simple pronunciation of sentence, both absolved men, and condemned them. The Romans535 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 Græcians536 in like manner used three letters: Θ was a token of condemnation, which occasioned that of Persius.
Et potis es nigrum, vitio præfigere Theta.
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.
Notes
532 Moses Kotsen. in Sanhedrim.
533 Drus. præter. Matth. 25.
534 Moses Kotsen. in Sanhedrim.
535 Rosin. Antiq. Rom. l. 9. c. 25.
536 Eras. Adag. Θ præfig.