[538] David Kimchi. Ps. 27. 13.
The greater Court, by way of excellency, was called the Sanhedrim, which word came from the Greek, συνέδριον, a place of Judgement: It was also called בית דין Beth din, the house of Judgment.[539] It was distinguished from the other Courts; first, in respect of the number of the Judges, which were seventy one, according to the command of God to Moses at their first institution, Numb. 11. 16. Gather unto me seventy men of the Elders of Israel, whom thou knowest that they are the Elders of the people, the Governours over them, and bring them unto the Tabernacle of the Congregation, and let them stand there with thee. From the latter words of this Text, it is observed, that there were seventy besides Moses; and therefore after his decease they alwaies chose one chief Judge in his room, not reckoning him among the seventy; they called him Nasi, the Prince or chief over the seventy. These seventy are thought[540] to be chosen six out of every Tribe, save the Tribe of Levi, out of which only four were chosen. Others think[541] the manner of their choice was thus; six of every Tribe had their names written in little scrolls of paper: in seventy of these scrolls was written זקן Zaken, Senex, an Elder, in the two other חלק Cheleck, pars, A part; these scrolls they put into a pitcher or urn, and those that pluck’d out a scroll wherein Elder was written, were counted amongst the number of the Judges; those that pluck’d out the other scrolls, in which a Part was written, they were rejected, Numb. 11. 26. The senior of these seventy was called אב בית דין Ab beth din, the Father of the Judgment Hall. The whole Set[542] or Bench of Judges, sate in manner of an half circle, the Nasi sitting in the midst above the rest, the other sitting round about beneath, in such manner that the Father of the Judgement Hall sate next to the Nasi on the right hand. The lesser Consistory was subdivided into two sorts, one consisted of twenty three Aldermen, and two such Consistories there were in Jerusalem, the one at the door of the Court before the Temple, the other at the door of the Mountain of the Temple: yea, in every City throughout Israel where there were sixscore housholders, such a Consistory was erected: the other sort of lesser Courts consisted only of a Triumvirate, three Aldermen; and this was erected in the lesser Cities, which had not the number of sixscore housholders.
[539] Moses Kotsen. fol. 186. col. 2.
[540] Fran. Junius. Analyt. expos. Num. 11.
[541] Solom. Jarchi.
[542] Moses Kot. f. 185. col. 2.
The second difference[543] between the greater Consistory and the lesser, was in respect of the place. The seventy sate only at Jerusalem, within the Court of the Temple, in a certain house called לשכת הגזית Lischath hegazith, the paved Chamber, because of the curious cut stones wherewith it was paved: by the Greeks it was called λιθόστρωτον, the Pavement. Pilate sat down in the Judgement Seat, in a place called the Pavement, John 19. 13. The other Consistory sate all in the gates of the Cities. Now because the gates of the City are the strength thereof, and in their gates their Judges sate: Hence is that, Mat. 16. 18. The gates of Hell shall not overcome it, that is, neither the strength nor policy of Satan.
[543] Moses Kotsen. ibid.
Lastly, they differed in respect of their Power and Authority: the Consistory of seventy received appeals from the other inferiour Courts,[544] from that there was no appeal: Again, the Consistory of three sate not on life and death, but onely on petty matters, as whipping, pecuniary controversies, and such like; the other of twenty three sate on life and death, but with a restrained power; they had not authority to judge an whole tribe, the High-priest, false Prophets, and other such weighty matters: this belonged only to the seventy in Jerusalem:[545] Hence is that, O Jerusalem, Jerusalem, which killest the Prophets, Luk. 3. 34. The means how they tryed the false Prophet was thus; they observed the judgements which he threatned, and the good which he prophesied to a place: if the judgements took not effect, this did not argue him a false Prophet, because God was merciful, as in the case of Hezekiah, and the people might repent, as the Ninivites did: but if he prophesied good, and that came not to pass, they judged him a false Prophet. The ground of this tryal they make the words of Jeremiah the Prophet, which prophesied of peace when the word of the Lord shall come to pass, then shall the Prophet be known that the Lord hath truly sent him, Jer. 28. 9.
[544] Deut. 17. 8.