Fifthly, as for the places which he objecteth against us, the first two of them make against himself. In Ezra 10.8. we find not only the civill punishment of forfeiture, but also as Pellicanus on that place, and Zepperus de pol. Eccl. lib. 3. cap. 7. do observe the Ecclesiastical punishment of excommunication, or separation from the Congregation: the former answering to the council of the Princes, the latter to the council of the Elders. The place Deuter. 21.3.4. maketh against him in three respects. First, the Elders of the City did but wash their hands over the beheaded Heifer, and purge themselves before the Lord from the bloodshed, which was a matter rather Ecclesiastical then civill, neque enim, &c. For there was no need of a Judge here who should be present formally as Judge, saith Bonfrerius, the Jesuit, upon that place. Secondly, the controversy was decided by the word of the Priests, vers. 5. Thirdly, Tostatus thinketh that the Elders & the Judges are plainly distinguished, vers. 2. Thy Elders and thy Judges shall come forth. Quaeras hic, &c. Thou mayest here ask, saith ⟨p. 27⟩Pelargus, why the Elders of the people and the Judges were both together called out? I answer, because God will have both the Magistrate and the subjects to be innocent, &c. As for the other places, that which seemeth to prove most for the civill power of the Jewish Elders, is Deuter. 22. yet hear what that famous Commentator, Tostatus Abulensis, saith on that place, Quando talis, &c. When such a cause was to be judged, because it was very weighty, the Elders of the City did meet together with the Judges thereof, for in such facts there is some place for conjecture, and the Elders who are the wiser sort, can herein be more attentive then others. So he noteth upon Ruth 4.2. that the Elders sate in the gate about the controversy betwixt Boaz and the other Kinsman, not as Judges, but as witnesses and beholders, that the matter might be done with the more gravity and respect. Which doth further appear from vers. 9.11. In like manner we answer to Deut. 21.19. the Judges decided that cause with advice and counsel of the Elders: and so the name of Elders in those places may be a name not of office, but of dignity, signifying men of chief note, for wisdom, gravity, and experience. In which sense the word Elders is taken, Gen. 50.7.
Fiftly, as for the places which hee objecteth against us, the first two of them make against himselfe. In Ezra 10.8. wee finde not onely the civill punishment of forfeiture, but also as Pellicanus on that place, and Zepperus de pol. Eccl. lib. 3. cap. 7. doe observe the Ecclesiasticall punishment of excommunication, or separation from the Congregation: the former answering to the councell of the Princes, the latter to the councell of the Elders. The place Deuter. 21.3.4. maketh against him in three respects. First, the Elders of the City did but wash their hands over the beheaded Heifer, and purge themselves before the Lord from the bloodshed, which was a matter rather Ecclesiasticall then civill, neque enim, &c. For there was no neede of a Iudge here who should be present formally as Iudge, saith Bonfrerius, the Jesuite, upon that place. Secondly, the controversie was decided by the word of the Priests, vers. 5. Thirdly, Tostatus thinketh that the Elders & the Judges are plainely distinguished, vers. 2. Thy Elders and thy Iudges shall come forth. Quaeras hic, &c. Thou mayest here aske, saith ⟨p. 27⟩Pelargus, why the Elders of the people and the Iudges were both together called out? I answer, because God will have both the Magistrate and the subjects to be innocent, &c. As for the other places, that which seemeth to prove most for the civill power of the Jewish Elders, is Deuter. 22. yet heare what that famous Commentator, Tostatus Abulensis, saith on that place, Quando talis, &c. When such a cause was to bee judged, because it was very weighty, the Elders of the City did meet together with the Iudges thereof, for in such facts there is some place for conjecture, and the Elders who are the wiser sort, can herein bee more attentive then others. So hee noteth upon Ruth 4.2. that the Elders sate in the gate about the controversie betwixt Boaz and the other Kinsman, not as Judges, but as witnesses and beholders, that the matter might bee done with the more gravity and respect. Which doth further appeare from vers. 9.11. In like manner wee answer to Deut. 21.19. the Judges decided that cause with advice and counsell of the Elders: and so the name of Elders in those places may bee a name not of office, but of dignity, signifying men of chiefe note, for wisedome, gravity, and experience. In which sense the word Elders is taken,
