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.
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.
Fourthly, The place of execution was without the gates, the malefactors were had thither by two Executioners, termed by the Rabbines558 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.
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.
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.
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.
Notes
554 Targum Jonath. Num. 9. 8.
555 ובאלין ובאלין אמר משת לא שמעית Jonath.
556 Targum. Hierosol. Num. 9. 8.
557 Drus. præteri. Matth. 27.
558 Moses Kotsen. in Sanhedrim. It. Talmud. it. Maccoth. cap. 3. in Mischna.
559 ספוקל טריא Uziel. & Targum Hierosol. Gen. 37. 36.
560 Moses Kotsen. in loco superius citato.
561 קורט לבונה בכוס של יין Corat. lebona becorschel iaijn Maimon. in Sanhedrin cap. 13. It. Moses Kotsen. in Sanhedrim.
562 Casaub. exercit. p. 654. ex Maimonid.