The works of the Reverend and learned John Lightfoot D. D., late Master of Katherine Hall in Cambridge such as were, and such as never before were printed : in two volumes : with the authors life and large and useful tables to each volume : also three maps : one of the temple drawn by the author himself, the others of Jervsalem and the Holy Land drawn according to the author's chorography, with a description collected out of his writings.

VERS. XXXI.

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

It is not lawful for us to put any man to death.

DOTH Pilate jest or deride them, when he bids them take him and judge him ac∣cording to their own Law? It cannot be denied but that all capital judgment, or sentence upon life, had been taken from the Jews, for above forty years before the de∣struction of Jerusalem, as they oftentimes themselves confess. But how came this to pass? It is commonly received, that the Romans, at this time the Jews Lords and Masters, had taken from all their Courts a power and capacity of judging the capital matters. We have spoken largely upon this subject in our Notes upon Matth. XXVI. 3. Let us superadd a few things here.

z 1.1 Rabh Cahna saith, when R. Ismael bar Jose lay sick, they sent to him saying, pray, Sir, tell us two or three things, which thou didst once tell us in the name of thy Father. He saith to them, an hundred and fourscore years, before the destruction of the Temple, the wicked Kingdom [the Roman Empire] reigned over Israel, fourscore years before the destruction of

the Temple, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 they [the Fathers of the Sanhedrin] determined about the uncleanness of the Heathen Land, and about Glass Vessels. Forty years before the destruction of the Temple, the Sanhedrin removed, and sate in the Taberne. What is the meaning of this Tradition? Rabh Isaac bar Abdimi saith, they did not judge 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 judgments of Mulcts. The Gloss is, Those are the judgments about sining any that offered violence, that entice a maid, and the price of a Servant—When therefore they did not sit in the room Gazith, they did not judge about these things, and so those judgments about mulcts or sines ceased.

Here we have one part of their judiciary power lost; not taken away from them by the Romans, but falling of it self, as it were, out of the hands of the Sanhedrin. Nor did the Romans indeed take away their power of judging in capital matters, but they by their own oscitancy, supine, and unreasonable lenity lost it themselves. For so the Gemara goes on.

Rabh Nachman bar Isaac saith, Let him not say that they did not judge judgments of Mulcts, for they did not judge capital judgments neither. And whence comes this? 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 When they saw that so many Murders and Homicides multiplied upon them, that they could not well judge and call them to account, they said it is better for us that we remove from place to place. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 For how can we other∣wise [sitting here, and not punishing them] not contract a guilt upon our selves?

They thought themselves obliged to punish Murderers whiles they sate in the room Ga∣zith 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, for the place it self engaged them to it. They are the words of the Gema∣rists. Upon which the Gloss. The room Gazith was half of it within and half of it without the Holy place. The reason of which was, that it was requisite, that the Council should sit near the Divine Majesty. Hence it is that they say, whoever constitutes an unfit Judge, is as if he planted a Grove by the Altar of the Lord, as it is written, Judges and Officers shalt thou make thee: and it follows presently after, thou shalt not plant thee a Grove near the Altar of the Lord thy God, Deut. XVI. 18, 21. They removed therefore from Gazith, and sate in the Taberne: Now though the Taberne were upon the mountain of the Temple, yet they did not sit so near the Divine Majesty there, as they did when they sate in the room Gazith.

Let us now in order put the whole matter together.

I. The Sanhedrin were most stupidly and unreasonably remiss in their punishment of capital offendors, going upon this reason especially, that they accounted it so horrible a thing to sentence an Israelite to death. Forsooth, he is of the seed of Abraham, of the blood and stock of Israel, and you must have a care how you touch such an one!

a 1.2 R. Eliezer b. R. Simeon, had laid hold on some Thieves. R. Joshua b. Korchah sent to him, saying, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 O thou Vinegar, the Son of good Wine, [i. e. O thou wicked Son of a good Father] How long wilt thou deliver the people of God to the slaughter! He answered and said, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 I root the Thornes out of the Vineyard: to whom the other; Let the Lord of the Vineyard come and root them out himself. It is worth noting, that the very thieves of Israel, are the people of God, and O they must not be touched by any means, but referred to the judgment of God himself.

b 1.3 When R. Ismael b. R. Jose was constituted a Magistrate by the King, there happened some such thing to him, for Elias himself rebuked him saying, how long wilt thou deliver over the people of God to slaughter! Hence that which we alledged elsewhere. c 1.4 The Sanhe∣drin that happens to sentence any one to death within the space of seven years, is called a de∣stroyer. R. Eleazar ben Azariah saith, it is so, if they should but condemn one within seventy years.

II. It is obvious to any one how this foolish remissness, and letting loose the reins of judgment, would soon encrease the numbers of Robbers, Murderers, and all kind of wickedness: and indeed they did so abundantly multiply, that the Sanhedrin neither could nor durst, as it ought, call the Criminals to account. The Laws slept whiles wickedness was in the height of its Revels, and punitive justice was so out of countenance, that as to uncertain murders they made no search, and certain ones, they framed no judgment against.

d 1.5 Since the time that Homicides multiplied, the beheading the Heifer ceased. And in the place before quoted in Avodah e 1.6 When they saw the numbers of Murderers so greatly en∣crease, that they could not sit in judgment upon them, they said, let us remove, &c.

So in the case of Adultery, which we also observed in our Notes upon Chap. VIII. f 1.7 Since the time that Adultery so openly advanced, under the second Temple, they lest off try∣ing the Adulteress, by the bitter water, &c.

So that we see the liberty of judging in capital matters was no more taken from the Jews by the Romans, than the beheading of the Heifer, or the tryal of the suspected Wife by the bitter waters was taken away by them; which no one will affirm. But ra∣ther.

III. When the Sanhedrin saw that it was in vain to struggle against the mighty torrent and inundation of all manner of wickedness, that played Rex and encroached so fast up∣on them, and that the interposure of their authority could do nothing in suppressing them, they being uncapable of passing judgment as they ought, they determine not to sit in judgment at all: And whereas they thought themselves bound by the Majesty and awfulness of the place, while they sate in the Room Gazith [In the very Court of Israel before the Altar] to judge according to the sacredness of the place, but could not indeed do it, by reason of the daring pride and resolution of the Criminals, they threw themselves out of that apartment, and went further off into the place where the Exchangers shops were kept in the Court of the Gentiles, and so to other places which we find mentioned in Rosh hashanah. * 1.8

IV. It is disputed whether they ever returned to their first place Gazith, or no. It is affirmed by the Gloss in Avodah Zarah g 1.9 When for a time they found it absolutely neces∣sary, they betook themselves again to that room. We have the same also elsewhere upon this Tradition.

h 1.10 It is a Tradition of R. Chaia. From the day wherein the Temple was destroyed, though the Sanhedrin ceased, yet the four kinds of death [which were wont to be inflicted by the Sanhedrin] did not cease. For he that had deserved to be stoned to death, he either fell off from some house, or some wild Beast tore and devoured him. He that had deserved burn∣ing, he either fell into some fire, or some Serpent bit him. He that had deserved to be slain, [i. e. with the Sword] was either delivered into the hands of an heathen King, or was murdered by Robbers. He that had deserved strangling, was either drowned in some River, or choaked by a squinancy.

But it may be objected, why is it said, From the time that the Temple was destroyed, and not, forty years before the destruction of the Temple? To this the Gloss answereth: Sometimes according to the urgency and necessity of the time, the Sanhedrin returned to the room Gazith, &c. It is further excepted 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 But they never returned to sit in capital causes, or to try Murders. For the reason of their removal at first was, because the numbers of Homicides so encreast upon them, &c.

V. When the great Council did not sit in Gazith, all Courts for capital matters ceased every where else. One Gloss saith thus: They took no cognisance of capital matters in any of the lesser Sessions, so long as the great Sanhedrin did not sit in the room Gazith. Ano∣ther saith: What time the great Sanhedrin sate in its proper place, where it ought, near the Altar; then thou shalt make thee Judges in all thy Gates, to judge in capital causes: but when that removed, then all cognisance about those matters ceased.

VI. The Sanhedrin removed, as we have already seen, from Gazith, forty years be∣fore Jerusalem was destroyed: and this is the very thing that was said, forty years before the destruction of the City, judgment in capital causes was taken away from them. And now let the Reader judge, what should be the reason of their being deprived of this privi∣ledge; whether the Romans were in fault, or whether rather the Jews, nay the Sanhe∣drin it self had not brought it upon themselves. When the Sanhedrin flitted from Ga∣zith, all judgment of this kind vanished; and upon what reasons they did thus flit, we have learnt from their own Pens.

We will not contend about the time when these forty years should first begin; though I am apt to think they might begin about half a year before Christ's death. The words which we have under consideration, spoken by the Sanhedrin to Pilate, seem to referr wholly to the reason we have already mentioned. It is not lawful for us to put any man to death. Why is it not lawful? Because being forced by the necessity of the times, we retired from the Room Gazith, where if we sit not, neither we our selves nor any Court under us can take any cognisance of causes of life and death.

But what necessity of times could urge you to remove? So greatly did the Criminals multiply, and grew to such an head, that we neither could, nor durst animadvert upon them, according to what the Majesty of the place might expect and require from us, if we should sit in Gazith.

That must be observed from the Evangelists, that when they had had Christ in exami∣nation in the Palace of the High-Priest all night, in the morning the whole Sanhedrin met, that they might pass Sentence of Death upon him. Where then was this that they met? Questionless in the Room Gazith, at least if they adhered to their own rules and constitutions; Thither they betook themselves sometimes upon urgent necessity. The Gloss before quoted excepts only the case of murder, which amongst all their false accusations they never charged Christ with.

But however, suppose it were granted, that the great Council met either in the Ta∣berne, or some other place, (which yet by no means agreed with their own Tradition) did they deal truly, and as the matter really and indeed was, with Pilate when they tell him, it is not lawful for us to put any man to death? He had said to them, Take ye him,

and judge him according to your Laws We have indeed Judged and Condemned him, but we cannot put any one to death. Was this that they said, in fact true? how came they then to stone the Protomartyr Stephen? How came they to stone Ben Sarda at Lydda i 1.11? How came they to burn the Priest's Daughter alive, that was taken in Adultery k 1.12?

It is probable they had not put any one to death as yet, since the time that they had removed out of Gazith, and so might the easilier perswade Pilate in that case: But their great design was to throw off the odium of Christ's death from themselves, at least amongst the vulgar crowd, fearing them, if the Council themselves should have decreed his Ex∣ecution, They seek this evasion therefore which did not altogether want some colour and pretext of truth: and it succeeded according to what they did desire, Divine Pro∣vidence so ordering it, as the Evangelist intimates, vers. 32. That the saying of Jesus might be fulfilled, which he slake signifying what death he should dye. That is, be Crucified ac∣cording to the custom of the Romans.

Whiles I am upon this thought, I cannot but reflect upon that passage, than which nothing is more worthy observation, in the whole description of the Roman Beast in the Revelations, Chap. XIII. 4. The Dragon which gave power to the Beast. We cannot say this of the Assyrian, Babylonish, or any other Monarchy, for the Holy Scriptures do not say it. But reason dictates, and the event it self tells us that there was something acted by the Roman Empire in behalf of the Dragon, which was not compatible with any other, that is, the putting of the Son of God to death. Which thing we must remember, as often as we recite that Article of our Creed, He suffered under Pontius Pilate, that is, was put to death by the Roman Empire.

Notes

• z 1.1

  Avodah Za∣rah, fol. 8. 2.
• a 1.2

  ••ava Meziah, sol. 83. 2.
• b 1.3

  Ibid. fol. 64. 1.
• c 1.4

  Maccoth, fol. 7. 1.
• d 1.5

  Sotah, fol. 47. 1.
• e 1.6

  Fol. 8. 2.
• f 1.7

  Maimon. in Sotah, cap. 3.
• * 1.8

  Fol. 31. 1.
• g 1.9

  Fol. 8. 2.
• h 1.10

  Chetubb. fol. 30. 1.
• i 1.11

  Hieros. San. hedr. fol. 25. 4.
• k 1.12

  Bab. Sa••hedr. fol. 52. ••. & Juchasin, fol. 51. 1.