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A81179 Petrus Cunæus of the common-wealth of the Hebrews. Translated by C.B. Cunaeus, Petrus. 1653 (1653) Wing C7584; Thomason E1311_2; ESTC R209172 48,319 213

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the East is accustomed to the yoke of Kings This being so many have admired why God took it ill that the Soveraign power was transferred from Samuel to a King since he had approved it before and said it should be according to the inclination of the holy people Maimonides answers learnedly that the divine Indignation arose from hence Because they desir'd a King by unfaithfull complaints and seditious murmurings not that they might comply with Gods design in the Law but out of a distast of the most holy Prophet Samuel to whom it was spoken by the voice of God They have not rejected thee but me Verily I am of this opinion and I doubt not to assert it that the Kingdom was given to Saul not out of Gods love and care of the Common-wealth but because he perceived his arrogance and cruelty hee meant to glorify Samuel by this unequall comparison and by such a successor make his vertue the more desirable The qualities seem but light and superficiall but they are of great moment which as the Holy Book in severall places hath it were considered by Samuel in the Kings election a gracefull look talness of body and such like which affect and draw the eyes and minds of all These are the things which the great Prophet in the midst of the Assembly commended when he spake these words 1 Sam. 10.24 Behold whom God hath chosen that there is none equall to him in all the people Wherefore it is not the property of Barbarians only but of the most civill men to think them capable of great atchievements whom nature hath graced with a goodly form and stately countenance No less a man than Aristotle hath pronounced thus If any personages are by nature framed so much more excellent than others as the images of Gods excell the images of men it seemeth meet that the rest should be servants unto such If this be true in the body much more in the soul but the souls form and beauty cannot be so easily discerned To leave this In the Holy Bible is mentioned a certain volume 1 Sam. 10.25 wherein Samuel wrote the sacred rights of the Kingdom and laid it up in the Tabernacle A text not well understood by Josephus who imagined all the evils which God foretold the people they should fear from an unjust King were comprehended in that volume We on the contrary believe there were in that Book the Laws which commanded the King to follow justice and equity and to govern the Common-wealth wisely for the peoples good also not to play the Prince in lusts and riots lastly to retain modesty in the greatness of his fortune a vertue well becomming the best of men and very pleasing unto God The matter is deliver'd in Deuteronomy thus Deut. 17.15 c. Thou shalt set him King over thee whom the Lord thy God shall choose One from among thy Brethren shalt thou set King over thee thou mayest not set a stranger over thee which is not thy Brother But he shall not multiply horses to himself nor cause the people to return to Egypt For as much as the Lord hath said unto you ye shall henceforth return no more that way Neither shall he multiply Wives to himself that his heart turn not away neither shall he greatly multiply to himself silver and gold And it shall be when he sitteth upon the throne of his Kingdom that he shall write him a Copy of this Law in a Book out of that which is before the Priests the Levites And it shall be with him and he shall read therein all the dayes of his life that he may learn to fear the Lord his God to keep all the words of this Law and these Statutes to do them That his heart be not lifted up above his Brethren These words of the Law are not obscure and they seem to contain the sum of that volume which the great Prophet laid up in the Sanctuary We said * Cap. 8. above the Jews had such a Common-wealth which in the Scripture is called a Priestly Kingdom Whence it follows that their Kings did not only govern in civill affairs and military but were Presidents of Religion and holy Ceremonies For they were sacred persons to whom Gods Commission and the voice of a Prophet gave Empire honour and authority Yet as the Over-sight of Sacred things the Soveraign power and judgment pertained unto them so the mystery and charge of the same things was of right claimed by the Levites that is the High Priest the rest of the Priests and their assistants It was their office to slay the Sacrifices to make expiations to rehearse the divine Laws before the people and to perform other services in the Temple The Talmudicall writers well observe how much the King excelled all both Priests and Prophets which we will relate out of * In Halucha Melachim cap. 2. Maimonides The words are to this effect It was a Statute that the chief Priest should reverence the King and yield him his place to sit in and himself stand when the King came to him But the King standeth not in the presence of the Priest unless when he consults the Urim after the solemn manner And such is the dignity of the King that even the Prophet himself as oft as he comes into his presence bows himself down to the earth as it is written Nathan the Prophet came before the King and to honour him fell upon his face to the ground Yet more David himself whom the Prophet formerly had anointed King so little feared to take upon him the honour of the High Priest that he put upon himself the Ephod and enquired of the Lord whether he should pursue the enemy The place is eminent in the Book of Samuel Cap. 30. v. 7. perverted by the late Interpreters men very learned but here they seem indiligent Let all men judge that have any skill in the originall whether the words translated by them Applicavit sibi Abiathar amiculum Davidis causa signify not the same I have said that David having put on the Ephod of Abiathar consulted the Oracle The English Bible reads it And Abiathar brought thither the Ephod to David Grotius de Imperio c. 6. reads it in this sense Abiathar made the Ephod to come near to David that as he stood before the high Priest which the King only did when he consulted Urim he might see whether the sparkling of the prectous stones would promise him good success Abiathar then had the Ephod upon him not David The Urim answered i. e. God by the Urim vide locum But let us give you some more of our Collections from the Rabbins Herein also consisted an high point of honour M●im c. 2. in Hal. M●l c. 7. Hal. Beth. Habb that the King only and no man else might sit in the Court of the Temple in any place only the King who was of Davids family That Court was divided by
the later times and the ages to come when the tribe of Juda the people being divided into contrary parts began to have a Common-wealth of their own a sunder from the Israelites a Common-wealth approved and favoured of God and called Judaicall from the name of Juda alone untill he should come who was designed for the King not of the Jews only but of all Nations And this Majesty of the Scepter from the time it once began to be the Jews continued theirs although the State of the Common-wealth was sometimes altered and the power was in the hand one while of the best men and the Priests other while of the Kings and Princes It is want of judgment in them that restrain the honour of this Title to Kings alone For what people soever enjoys a Common-wealth of their own and Laws of their own that people may justly glory in their Empire and in their Scepter It is recorded that in Jerusalem even at the time when the people were govern'd not by Princes but by the best in the midst of the Great Councill which they call Sanhedrin there hang'd a Scepter Which was no question a certain token of that Majesty which * In part orat Tully expresseth to be a certain greatness of a people in retaining that power and right which appears in Empire and all kind of Honour Not Kings not Princes but Consuls and Senators managed the Roman Common-wealth when that Law of confederation was given to the Etolians as Livy relates that they should well and truly conserve the Majesty of the Roman people And that the same was imposed upon all free people that were confederates but upon unequall terms and friends to the Romans the Lawyer * In l. 7. ff de captiv postlim reversis Proculus is a witness Neither is it materiall to us of what family or tribe they were who governed the Judaicall State For although the Hasmonaei of the tribe of Levi many years possessed the Kingdom nevertheless was the Common-wealth of the Jewish people Nero Caesars most wise * Sen. l. 1. de clementia Master told him The Common-wealth is not the Princes but the Prince the Common-weal's And Ulpian the Lawyer was just of the same opinion The crime of Majesty * L. 1. sect 1. ff ad logem Jul. Majest or Treason saith he is that which is committed against the Roman people or against the security thereof Ulpian lived in those times when neither the commands nor suffrages were in the people but the Caesars held the Empire and power of all yet he that is wont most accurately to define every thing ascribeth Majesty to the people CHAP. X. The twelve Tribes of the Hebrews was never called by the name of Jews The ten tribes carried captive by Salmanassar never returned into Palestin Two tribes served the Romans and no more in the time of Josephus EUsebius is not sufficiently confuted untill wee have made it plain how imprudently he drew himself into the snare L. 8. Demonst evan dem 1. In the forecited Book are extant these words Ever since the time of Moses the Governours of Israel if you look upon them in particular were chosen out of severall tribes but in generall the tribe of Juda was over the whole Nation Hitherto he agrees with himself and falls into no contradiction but he addes For example as in the Roman Empire the Governours of several Nations and Camp-masters and the Kings greater than all the rest were not all born at Rome nor descended from Romulus and Remus but sprung of many other Nations some of one some of another and yet as well all the Kings as the succeeding Governours and Leaders were called Romans and the power and authority said to be of the Romans not of any other name so must we think of the Hebrew State that one tribe of Juda gave an illustrious name to all the rest though the Rulers and Kings were created out of the severall tribes all honoured with the common appellation of Jews See whither incogitancy will bring a man Eusebius concludes contrary to what himself would have For affirming the Scepter was the Jews from Moses time he proves it by this reason because the Common-wealth the Empire and the whole people of twelve tribes had their appellation from the one name of Juda. With this argument twice or thrice in severall places he triumpheth and you shall hardly find any other proof of his opinion in the whole discourse But by his leave all this is nothing For neither did the Common-wealth nor the Empire begin to be called after Juda's name till after the greater part of the Israelites had made a defection drawn away by Jeroboam who shortly at Samaria strenthened his Kingdom by introducing a change of ceremonies and Religion I will make it good to Eusebius and to all that have any acquaintance with sacred story that this is so Eusebius often and with confidence affirms all the twelve tribes were called by the name of Jews and hath obtruded this groundless opinion upon unwary men nor have there been wanting some writers of greatest eminence to defend it We cannot yield unto it whether you respect the times antecedent to the seisure of the Kingdom or subsequent And we may conjecture that Eusebius although he doth not plainly express his mind thought it came to pass at the rise of the Empire when the Common-wealth was first setled in the Land of Canaan and it was debated by what name to call it But this hath no colour of truth wherefore that excellent man the Defender of Eusebius makes him think otherwise of the time and what he believes he thought himself approves and follows For saith he it was observed by Eusebius that the twelve tribes of Israel received appellation from the name of Juda and the appellation began to be used when the Kingly power which the tribe of Juda had lost in Sedechiah was by the High Priests transferred upon themselves And this saith he is a thing most worthy of admiration and fell out by speciall providence For seeing in Polybius his opinion 't was not without some great cause that the Acheians a little people of Greece once gave name to all the Grecians surely here also we must conceive some more sublime and weighty reason when after the return from captivity all the children of Abraham of all the tribes were called Jews This errour we neither can nor ought to excuse The truth is this When the Kingdom of the Israelites was rent and divided two tribes Levi and Benjamin joyned themselves with the Jews which tribes being but few in number and of mean estate were accounted but for an addition the Common-wealth was not named from them but they even lost their own name and at length the name of Jews was common to them all There is no doubt to be made of thus much But what or how this can concern the other ten tribes let them
good because the wiser men are present and lead the way but single and apart they have little judgement Concerning a King then and concerning War as I have said Decrees were made sometimes the people being Author all other things the Senators of Sanhedrin dispatched by themselves The weightiest affairs were not too heavy for them because they were chosen for their worth and great abilities by the divine Moses rightly named Elders not only for their age but for their wi●dom and experience CHAP. XIII Of two other Councils at Jerusalem besides the Sanhedrin The Senate of 23. in every town The College of 3. The measure of Cities The 5. men for expiation of slaughter The 7. men and 3. men for ordering the Calendar The times disposed by Rabbi Hillel The authority of Sanhedrin lessened OF the great Senate we have said what came to mind the other Councils will not detain us long The most learned * ●n Hala●●a Sanhedrin c. 1. Maimonides relates that in the City of Jerusalem it self were two Councils more They are described in the * In Misna in Gemara Talmud In either of them sate three and twenty Judges And as the Great Council was held in that part of the Temple which is called Gazith so one of these at the Court-gate the other was kept at the Gate opening to the Mount of the Temple The Dignity of them also was not the same for the Judges at the Mount-Gate took it for a preferment to be ascrib'd into the Senate at the Court-Gate And again it was a new degree of honour to ascend hence into the Sanedrin The distinction is exactly made by Rabbi Ben Maimon Farther beside these Councils at Jerusalem there was constituted in every town of Palestin a Senate for jurisdiction and the care of publick affairs It consisted of 23. men who sate in judgement upon the life and fortunes of the people and decided all causes except a few reserved as is aforesaid to the great Councill Ben Maimou also describes a certain College of three men and saith it was in such a City which had not a hundred and twenty inhabitants But I am of Aristotles mind that this is not a City For as it is not a Ship which is of one handfull or of two furlongs so is it not a City which wanteth a just measure if it be too little it cannot as a City should subsist by it self and too much greatness turns it from a City to a Nation But we must not call a Rabbi to so strict account It was the office of those three to judge of trespasses of moneys and goods moveable The Capitall offenders were brought as I have shewed before another Bench. ●hedrin c. 5. Ben Maimon * In Halucho Sanhedrin c. 5. addes somethings were of such a kind that they belonged neither to the seventy Elders nor to the College of twenty three nor to the three men but were to be referred to a peculiar Senate In which number he reckons man-slaughter committed by an uncertain hand in the borders of any town Five men saith he must expiate this by the Sacrifice of a Heifer The same Author hath more of this nature which I willingly praetermit For we doe not repeat Dictates That may seem strange that the ordering of times was commended to certain Judges for * In eadem Halacha eod cap. concerning the Leap-year seven concerning the month three men determined But Hillel the Babylonian afterward acquitted all his Countrymen of this care the prime man of his age of whom we have this honourable testimony from Rabbi Abraham * In libro juchasin Zacuth Rabbi Hillel president of the great Councill composed the Intercalation for all Israel till the times of Messiah and that was done by him before the Lawfull act of imposition of hands was abrogated Had not this same Hillel maturely prevented so great an evill certainly the times would have been much confused for not long after ceased the solennity of imposing hands without which those seven men and three men were not appointed overseers and correctors of the Calendar as Maimonides observeth But no more of this lest the Reader think we prepare an accurate and perfect work wheras we only thrust out our suddain and tumultuary Meditations And we desire it may be noted whatsoever we have said of Councils hath relation to the time before Judaea had received the Roman conqueror For he changed and repealed many things not for his lust or pleasure nor out of any cruell design but that he might secure his Dominion Gabinius chiefly the Proconsul of Syria seeing the principall pillar of the Common-wealth was the Sanhedrin thought it good policy to take away the authority thereof in many towns Wherefore at Gadar Amath Hiericho and Sephor he setled four Synedries and a fift at Jerusalem now but a part of what she was all of equall power And the Councils placed by Gabinius in the other Cities as they were not inferiour to that in Jerusalem for power so were they far beyond it in continuance These are meant if I mistake not by * In l. 17. c. de Jud. Cal. Justinian when he requires a Canon from the primates who rule the Synedries of either Palestin But we make no excursion into these times The antient Common-wealth and primitive Institutions are under our consideration To enquire into the rest and set down things that were often changed were unhappily to place our study where no certain truth can be delivered CHAP. XIV The creation of a King A bad one first chosen why What qualities the Prophet had respect unto The Book of the Kingdom laid up The power of the Hebrew Kings Their honour above Priests and Prophets Kings and Priests at first the same The annointing of Kings made them sacred The Holy Ointment hid by Josia and lost with other things RAbbi Ben Maimon * In part post Misnae saith the Israelites received three commands from God to bee fulfilled in Palestin the first whereof was to make themselves a King another to blot out the memory of the Amalekites the third concerning the building of a Temple The performance whereof saith he was at severall times and long distant but in the same order wherein they were commanded For a King was created before the War with Amalek and the building of the Temple was not begun untill that most odious Nation was brought to an end and quite destroyed The testimonies illustrious which are related by the same Author need not be transcribed hither In the 17 of Deuteronomy the most high God saying the Israelites would desire a King addes the truest reason of it because all the neighbouring Nations lived under the royall Government For such is the nature and disposition of men inhabiting that part of the world few prefer liberty before subjection unto just Lords And Claudius Civilis in Tacitus truly saith to his Batavians that Syria and Asia serve and
favour of Antiochus Epiphanes whose protection he needed he forswore the Mosaic Laws and instead of them admitted the Religions and rites of the Grecians And more that he might not bear in his Body the marks of Circumcision he renewed his fore-skin by Physicall Art and perswaded all his people to do the like Afterward Antiochus Epiphanes the High-Priest being his Minister impiously perverted all the institutions of the Jews And now nothing of the sound and the antient customs remained when Matthias the Hasm●naean the great restorer of the State having taken up Arms rendred to the Jews their Laws and received the Common-wealth under his Rule with the title of Prince Being deceased to him succeeded Judas in the Principality the same that is called Maccabaeus Yet was there great power and authority in the High-Priest Wherefore Antiochus Eupator after that time cunningly having got entrance into Jerusalem when he distrusted Onias upon whom he saw the people and the State affairs depended much placed Alcimus in his room But he being gotten into the holy chair was more depraved than his Predecessor for he went over to King Demetrius the Son of Seleucus with criminations against Judas whose principality he could not away with Impiety can be never quiet nor content with a single transgression Wherefore hee brought against his own Country the Kings Lieutenant Bacohides with an Army and after his return to the King without effecting the work he encreased the Companies left by Bacchides by the concourse of wicked men From every place were gathered unto Alcimus Murderers Sacrilegious Persons Adulterers whom their guilty consciences would not suffer to rest at home and he engaged them all to do him service by fair words and bountifull pay At the last this gallant Priest to adde more unto his glorious impiety prepared to throw down the Walls of the Sanctuary raised by the Prophets and the Hasidaeans But in the midst of his design death cut him off and in his place the people constituted in the most sacred office their Prince Judas the first of all the Jews that joynd the Miter and the Crown together and was both Prince and Priest The same was done after him by Jonathan Simon and Jannes untill Aristobulus the name of Prince being laid aside took upon him the title of King And so in the end long after the death of Zedekiah Kings again ruled over Judaea but they were of the Tribe of Levi the last of whom was Antigonus Antigonus being expelled and slain Herod held the Scepter which he had before received from the Romans a man not indeed descended of the Royall family no nor of the Sacerdotall but one of Idumaea an insititious Jew or Proselyte for the Idumaeans were not truly Jews but only accounted and called so since the time that Hircanus forced them to submit to the rites and ceremonies of the true God when before they worshipt I know not what good Gosan whose rites were kept by the Costobari a noble family in that Country Famous was that prophecy of Sameas who had long since foretold that Herod should bee given the Jews for a King but to be a Plague unto them Even so it came to pass This Idumaean presently put to death Aristobulus the High-Priest being very young and after him Hircanus allured out of Parthia and after him whatsoever remained of the Hasmonaean bloud he extinguished and left not any branch of the old stock Nor did the seventy Elders the Assessors of the Great Councill Sannedrin speed better Thus all being remov'd out of the way who might create him either fear or danger Herod grew up to his height and the greatness of his power gave him boldness to break forth into great licence for he altered the old customs of the Jews and brought in new and did many things contrary to the Laws Whereof let us hear Josephus speaking thus The antient discipline untainted before he weakned with Innovations whence in our following times we have had no small harm for all those things whereby the multitude was heretofore led unto piety are now neglected and despised CHAP. XVII Of Messias King of the Jews and all Nations The everlasting throne is his A word in Esay written mystically Balaams prophecy in the sense of the Jews The singular nature of Messia's Kingdom The reprehender of Maimonides censured Ezekiels obscure vision not to be curiously searched ANd in this manner after the Jews return out of Babylon they were in possession of the Empire that had no right unto it first the High-Priests then the Hasmonaean Princes being also Levites then Kings of the same tribe and lastly Herod the Idumaean He under whom was born Messias the King of Kings a branch of Davids family To him alone must be referr'd that promise God made to David that his throne should bee everlasting and his seed should sit therein Certainly it is not spoken of Salomon nor of any other of his race for the kingdom once lost they never recover'd after the Babylonian exile Wherefore unless wee will which were great impiety make the promise of God vain and false we must understand that Son of David to bee the Messias our Redeemer of whom the Angel hath pronounced that which is written in St. Luke Of his Kingdom there shall be no end The words are taken out of the ninth of Esaiah where Rabbi Jarchi notes It was subtilly disputed by the Scribes why in the midst of a word contrary to custom the letter Mem is closed A doubt not to be contemned Thereby is signified as the Talmudists are of opinion some great mystery not opened promiscuously unto all but close and reserved Amongst all the Oracles in Scripture concerning the greatest King Messias the Jews think none so worthy of admiration as that which Balaam uttered by divine instinct Num. 24. But the same Interpreters looking narrowly into the Prophets meaning sagely found the words are not all spoken of one King but the oracle is so to be divided that part may belong to David who first of Juda's race possest the Kingdom the rest to the Messias the last King indeed of the same race but greater and more potent than all the other Maimonides in the end of his Misna hath handled this exactly And the same excellent Master there refutes those that exspect in the Kingdom of Messias another face of nature and a new course of things going on perpetually For saith he they understood not the words of Esaiah in the 12. Chapter The dark sayings whereof doe signifie that all pious and good men shall have such quietness in the midst of the wicked that they need not fear Nor hath Rabbi Abraham the Son of David any just reason to reprehend Maimonides for this whose other reprehensions too for the most part are more sharp than solid they make a shew of reason but when they are examined come to nothing As oft as I survey the sacred places the rites and Religious solemnities described