CHAP. VII.
Their capital punishments.
The Jews of old had only four sorts of death[563] in use among them. 1. Lapidatio,[564] stoning. 2. Combustio,[565] burning. 3. Decollatio,[566] beheading. 4. Suffocatio,[567] strangling. Of these, stoning was counted the most grievous, burning worse than beheading, beheading worse than strangling, and strangling was the easiest of all.
[563] Paraphrast. Cald. Ruth. 1. 17. Mikkotsi. fol. 188. col. 3.
[564] סקילה Sekila, Lapidatio.
[565] שריפה Sheripha, combustio.
[566] הרג Hereg. decollatio.
[567] חנק Chenek. Suffocatio.
They have a rule,[568] that wheresoever the Scripture saith of an offender, Morte plectetur, he shall be punish’d with death, not expressing the kind of death, there it ought to be interpreted of Strangling. For example, the Law saith of the Adulterer, Lev. 20. 19. Morte plectatur, let him be punished with death: because the kind of death is not here mentioned, they interpret it strangling. The reason of this rule is, because strangling was the easiest death of the four; and where the Law determineth not the punishment, there they say, Ampliandi favores, The favourablest exposition is to be given.
[568] כל מיתה האמורה בתורה סתם חנק היא Omnis mors quæ absolutè in lege usurpatur, strangulatio est. R. Solom. Exod. 21. 16.
The rule is not generally true; for in former times Adultery was punish’d with stoning. I will judge thee after the manner of them that are Harlots, saith the Lord, Ezek. 16. 38. And in the fortieth verse the judgment is named, They shall stone thee with stones: likewise the Scribes and Pharisees said unto Christ, Moses in the Law commanded us, that such should be stoned, John 8.