SECT. III. Penalties inflicted upon unclean persons found in the Temple. Whipping and the Rebels beating.
IT was not a small awe, that this might work in the hearts of the people, towards their restraining from going into the Sanctuary in their uncleanness, to have this im∣pressed and inculcated upon them [as it was continually,] that such a venture did hazard them both body and soul, and brought them ipso facto into Gods dreadful displea∣sure, and into undoubted danger of accrewing judgment.
But did they let the offender thus alone, that had offended, as if he was fallen under the guilt of death, by the Hand of Heaven, or under the guilt of cutting off, that they had no more to do with him, but leave him to the justice of God, and to judgment, when it should fall upon him? Many a wretch would make sleight of this matter, and because sentence upon his evil work was not executed speedily, his heart would be fully set in him to do so again, as Eccles. 8. 11. Therefore they let not the Delinquent so escape, but as he had fallen under the wrath of God, so they also brought him under a penalty by the hand of man. And this penalty was twofold, either 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 whip∣ping by the appointment of the Judges, or mawling and beating by the people.
1. There was the penalty of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 whipping or scourging, upon the censure of the Judges, according to the Law, Deut. 25. 2. Where he was to receive forty stripes: but their Tradition brought it to forty save one, 2 Cor. 11. 24. And the reason of this was, because they would make a hedge to the Law, and whereas that commands that they should not give to a Delinquent that was whipt, above forty stripes, lest their brother should seem vile unto them, they abated one of forty to make sure to keep within compass: The measure and manner of their whipping is largely described in the Treatise Maccoth, thus in their own words a 1.1 How many stripes do they give him? [saith the Mishueh there.] Why, forty lacking one: As it is said by a certain number, forty stripes; that is a number near to forty: Rabbi Judah saith, he is beaten with full forty; and where hath he the odd one above thirty nine? Between his shoulders: They allot him not stripes, but so as they might be triplica∣ted: They allot him to receive forty, he hath had some of them, and they say he is not able to bear forty, then he is quit: they allot him to receive eighteen, and as he is in whipping they say he is able to bear forty, yet he is quit. How do they whip him? His hands are tied to two pillars or posts, and the Officer of the Court lays hold of his garments, and rip or rent, it is no matter; he pulls them down till he have bared his breast. Now there was a stone lay be∣hind him, upon which the Officer of the Court stood, with a whip of whit-leather in his hand, platted four plats, and two lashes hanging by it; the handle was a hand bredth long, and the whip a hand bredth broad, and the end of it raught to his belly: A third part of his stripes he gave him before [on his belly,] two parts behind: And he beats him not standing nor s••••ting, but bowed down, as it is said, The Judge shall cause him to lie down, and he strikes him with one hand with all his might▪ And in the mean while, one standing by, reads or says these por∣tions of Scripture: But if thou wilt not observe to do all the words of this Law, &c. Then the Lord will make thy plagues wonderful, and the plagues of thy seed, &c. Deut. 28. 58, 59. And therefore ye shall keep the words of this Covenant, &c. And he concludes with, But he being full of compassion forgives iniquity, and destroyeth not, Psal. 78. 28.
This was the manner of their scourging; a very sharp penalty, thirteen lashes with a three-lash whip, which by that triplication, arose to forty save one, or if the number were allotted less, yet it was as many stripes as they conceived the party could bear.
2. There was the penalty of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 The Rebels beating, the beating or the maw∣ling by the people; which was a terrible rugged beating by all the people, without any sentence of the Judges passed upon him at all, and without any measure: As in divers cases, if a man were deprehended faulty in such or such an offence, the people made no more ado, but fell upon him pell mell, with fists, staves or stones, and mawled him unmea∣surably, and very often to death: Rabbi Nathan describes it thus, b 1.2 The beating accor∣ding to the Law is, of those that transgress against negative precepts, and it is by measure, and for admonition, and with a three corded whip: But he that transgresseth against affirmative speeches, they beat him till his life depart, and not with a threefold whip. And likewise, whosoever transgresseth against the words of the wise men, they beat him without number and measure, and they call it 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, The Rebels beating, because he hath rebelled against the words of the