II. That Order had these degrees in the Jewish Benches: according to the custom and disposition of which, it is very likely, the Apostel speaks.
- 1. There was the Great Sanhedrin consisting of LXXI Elders.
- 2. There was the Sanhedrin of Three and Twenty, in Cities of more note.
- 3. There was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 The Bench of Three, in every Synagogue.
- 4. There was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 The Authorized or Authentic Bench.
- 5. There was 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 The Bench not Authorized; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, not authentic.
III. We distinguish first, between 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 The Bench of Three, appointed in every Synagogue, and 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 The Authorized Bench, however consisting also of three men. For the Bench of Three in every Synagogue, consisted of three Elders, ri••ely and by imposition of hands preferred to Eldership. But that Bench, which we stile Authorized, consisted not always of men, promoted by ordination to Eldership, but often of men, receiving authority to judge in such or such matters by some special Patent, granted them by the Sanhedrin. It consisted for the most part of 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Fel∣lows of the Wise men, men learned indeed and Scholars, but such as were not yet elected into the Order and rank of Elders.
And the duties of the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Mumchin, the Authorized Bench, was different from the Duties and offices of the Triumviral Bench. This Bench was to judge of mony matters, of wrongs, &c. That, namely the Mumchin, was to judge of the first-born of Cattle to be offered to the Lord, whether they were without spot, or no: of Womens charms to be worn or not, on the Sabbath: of the knives of the Butcher-Priests, whether lawful, or not: and of divers things of that nature.
IV. When we rendred those words 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 The Bench not authentic, we meant it so called, not that the judgments and determinations of that Bench were of no value, but that that Bench received not its authority from the Sanhedrin, but was chosen by them, between whom the controversy depended.
Rabh Nachman saith, A widdow (if she would sell somewhat of her dowry) hath no need 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Of the Bench of the Authorized; but hath need 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Of the Bench of Idiots, or private men. Maimonides citing these words writes thus, A widdow, whether she became a widdow after marriage, or after Espousal is bound by Oath, and sells a piece of Land of her Husbands (for her maintenance) either in the Court of the Mum∣chin, the Authorized, or in the Court of those that are not Authorized: Now that Court or Bench is when three men are present, that are honest and skilful in valuing apiece of Land.
To this very ordinary Bench among the Jews, the Apostle seems to have respect in this place, and to prescribe the Corinthians for a means of ending their differences, which was easie, common, and void of cost and charges.
The Bench of the Mumchin one may not unfitly call 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, such as were de∣puted by Authority; this Bench consisting of those that were not Mumchin, he calls 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, not vile or contemptible, but such as were not Authorized.
He exhorteth therefore, that if at any time suits arise among them, concerning pecu∣niary, or other matters, they by no means run to Heathen Courts, but rather chuse some private men among themselves, as Judges and Arbitrators in such matters.
〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Pecuniary judgments may be by three private men; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Judgments of things taken away, and dammages, by the three Authorized. The precept of pulling off the shoe of the Husbands brother, requires three Judges 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Although those three be private men. And Rambam upon the place, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Private men, that is, not they that are the Wise men. And Rabbi Solomon, such who were not of the Bench of the Elders in their City: and yet in that case they might be Judges.
They, who were to judge in that affair, were called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Elders, by God, Deut. XXV. 9: The wife of his brother shall come to him in the sight of the Elders, &c. And by the Talmudists they are called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Judges; and yet might be private men.
The same Fathers of the Traditions speak many things, of the Plaintiff and Defen∣dant, chusing themselves Judges or Umpires, to decide their differences; and that both parties be bound to submit themselves to their sentence, although it be a form of judging, not altogether according to the form of the Statute. For example sake, Three Judges were required to determine concerning pecuniary suits, and they, by Canon and Statute, such as were made Elders or Presbyters by lawful ordination. But the contending parties might if they would, chuse themselves only one such Arbitrator, or Judge; or three private men, and not Elders. The Rabbins deliver; Pecuniary judg∣ments are by Three. 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 But if he be authorized, he may judge alone. Rabh Nachman saith, As I judge alone of pecuniary matters. And so saith R. Chaija, As I judge alone of Pecuniary matters. Yea, if he be chosen by the con∣tending persons, he may judge alone; for this hath obtained 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 If they take upom themselves, or undertook to submit themselves to the judgment of that