Before we treat in particular of these four punishments it may be questioned, Whether the Jews had any power to judge of life and death, at that time when they crucified our blessed Saviour? The Jews said to Pilate, Is it not lawful for us to put any man to death; Joh. 18. 31. Latter Jews say[569] that all power of capital punishments was taken from them forty years before the destruction of the second Temple, and of this opinion are many Divines.
[569] Moses Kotsen. in Sanhedrim.
Answer. First, the Jews speech unto Pilate, that it was not lawful for them to put any man to death, cannot be understood, as if they should have said, we have no power to put any man to death; for admit, that power in criminals were, in the general, taken from them, yet in this particular power was permitted them at that time from Pilate, Take ye him, and judge him according to your Law, Joh. 18. 31. Neither can it be said, that their Law could not condemn him, if he had been a transgressor thereof; or that they had not out of their law to object against him: for they say, They had a law, and by their law he ought to die, John 19. 7. It was not then want of Power, but the holiness of that time, made them say it was unlawful. For they held it unlawful upon their days of preparation to sit on life and death, as hath been shewn in the Chapter of translating Feasts. And Friday, on which our Saviour was condemned, was the preparation of their Sabbath.
Secondly, in the questions, whether power of judging capital crimes were taken from them by the Romans? We are to distinguish between crimes. Some crimes were transgressions of the Romans law, as theft, murder, robberies, &c. power of judging in these was taken from them: other crimes were transgressions only against the law of Moses, as blasphemy, and the like: in these, power of judging seemeth to have remained with them. When Paul was brought by the Jews before Gallio, Gallio said unto them, if it were a matter of wrong or wicked lewdness, O ye Jews, reason would, that I should bear with you: but if it be a question of words, and names of your law, look ye to it, Acts 18. 14.
In handling these four punishments: First observe the offenders, whom the Jews make liable to each punishment, and then the manner of the punishment.
The persons to be stoned were eighteen.[570] 1. He that lieth with his own mother, 2. Or with his fathers wife, 3. Or with his daughter-in-law, 4. Or with a betrothed maid, 4. Or with the male, 6. Or with the beast. 7. The woman that lieth down to a beast. 8. The blasphemer. 9. He that worshippeth an Idol. 10. He that offereth of his seed to Moloch. 11. He that hath a familiar spirit. 12. The Wizard. 13. The private enticer to Idolatry. 14. The publique withdrawer to Idolatry. 15. The Witch. 16. The prophaner of the Sabbath. 17. He that curseth his Father or his Mother. 18. The Rebellious Son. The manner of stoning was thus: The offender was led to a place without the gates, two cubits high, his hands being bound: from hence one of the Witnesses tumbled him by a stroke upon the loins; if that killed him not, the Witnesses lifted up a stone, being the weight of two men, which chiefly the other Witnesse cast upon him; if that killed him not, all Israel threw stones upon him. The hands of the Witnesses shall be first upon him to put him to death, and afterwards the hands of all the people, Deut. 17. 7.
[570] Moses Kotsen. fol. 188. col. 4.
Hence the opinion of R. Akiba[571] is commonly received, that such an Idolater (it holdeth in all others condemned to this death) was reserved until one of the common feasts, at which all the multitude of Israel came to Jerusalem. The party thus executed being quite dead, was afterward for greater ignominy hanged on a tree, till towards the Sun-set, at which time he and the tree were both buried.
[571] Paul. Fagius. Deut. 17. 7.
Malefactors adjudged to burning were ten:[572] 1. The Priests daughter which committed whoredome. 2. He which lieth with his own daughter. 3. Or with his daughters daughter. 4. Or with his sons daughter. 5. Or with his wives daughter. 6. Or with her sons daughter. 7. Or with her daughters daughter. 8. Or with his Mother-in-law. 9. Or with the Mother of his Mother-in-law. 10. Or with the Mother of his Father-in-law.