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.
[554] Targum Jonath. Num. 9. 8.
[555] ובאלין ובאלין אמר משת לא שמעית Jonath.
[556] Targum. Hierosol. Num. 9. 8.
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.
[557] Drus. præteri. Matth. 27.
Fourthly, The place of execution was without the gates, the malefactors were had thither by two Executioners, termed by the Rabbines[558] 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.