The Old Testament Ecclesiastical Sanhedrin.
By Dr. Richard Bacon
Copyright 2001 © First Presbyterian Church of Rowlett
This extract is Chapter Four in Dr. Bacon’s dissertation ‘A Pattern in the
Heavens Part One: Ecclesiology.’
[From the introduction to v.10 #1: The following is a further excerpt from
Dr. Bacon's dissertation on ecclesiastical government. "This particular
selection actually began as an appendix to the first volume to demonstrate that
there actually was an ecclesiastical government in the Old Testament that was
distinct from the civil government. The article demonstrates from Scripture and
from many Reformed commentators that this is, and has been, the Reformed
understanding for many years. Those who claim that the Old Testament government
was the same for both church and state (such as Verduin in his The Anatomy of A
Hybrid) have simply ignored what the Old Testament says about its own
government."]
This series of articles has and will continue to assert or presume at certain
places that there was a distinct ecclesiastical Sanhedrin in Old Testament
Israel. To support such an assertion, it is common to point to Second Chronicles
chapter nineteen and the reformation of the southern kingdom under Jehoshaphat.
There, at verse 11, the reformation quite clearly indicates that there were
separate heads for “matters of the LORD” and for “all the king’s matter.”[1]
Given the fact that the chief priest Amariah (kohen haro’sh) is over the matters
of the Lord and a Judahite, Zebediah, is over the king’s matters, there is a
pretty strong presumption in favor of a dual court system, whether co-located or
not, and perhaps even hearing some of the same cases with an eye to the distinct
ecclesiastical and civil concerns involved in each case.[2]
Exodus 24:1
The first appearance of a specifically ecclesiastical Sanhedrin, as opposed
merely to the existence of elders,[3] seems to be at Exodus 24:1 where God
called not only Moses and Aaron, but seventy of the elders to “come up.” We
should note that at that point in time in the history of Israel there was not
yet a cultic establishment. Therefore the sacrifices were performed in Exodus
twenty-three by “young boys” rather than by Aaron and his sons. Aaron and his
sons would not be set apart for office until Exodus chapter twenty-eight and
following. The understanding of this dissertation is that the elders of Exodus
twenty-four were not the seventy elders chosen for governing the commonwealth of
Israel in Numbers chapter eleven, nor were they the elders or judges chosen on
the advice of Jethro in Exodus chapter eighteen. Rather these men were chosen as
the first group of seventy elders and would become the foundation for the Old
Testament ecclesiastical Sanhedrin.
The group of seventy elders of Exodus 24:1 was not the same as the group in
Numbers 11:16ff., because the elders in Exodus chapter twenty-four were chosen
shortly after the children of Israel came out of Egypt and while they were still
at Mount Sinai. But on the twentieth day of the second month, in the second year
they moved their encampment from Sinai to the Paran wilderness (Numbers
10:11-12). While in the wilderness of Paran they pitched their tents at
Hibroth-Hataavah (Numbers 33:16). It was at that encampment at Hibroth-Hataavah
that the seventy were chosen to relieve Moses of the burden of government, as
Jethro had earlier advised in Exodus chapter eighteen. So the choosing of the
seventy in Exodus twenty-four was prior to the choosing of the seventy in
Numbers eleven and not at the same time.
But neither is it likely that the seventy elders of Exodus 24:1 are the elders
of Exodus eighteen, in which passage Jethro advised his son-in-law Moses to
establish elders in broader and narrower courts according to population in order
to help him with the task of judging the people. Though Exodus eighteen is, of
course, prior to chapter twenty-four in the internal structure of the book of
Exodus, it is the opinion of some Reformed and Presbyterian scholars that
chapter eighteen actually anticipates an episode that took place after chapter
twenty-four chronologically and was perhaps never implemented until the episode
at Hibroth-hataavah in Numbers chapter eleven.[4] The evidence is not
overwhelmingly compelling in this author’s opinion, yet it does seem to make
sense of all the data and is therefore coherent. The time line is such that
Jethro did not come to Moses until about a year after the coming up from Egypt.
The law was given on the third day after the children of Israel came to Sinai.
But Tostatus claimed that it was impossible that Jethro could have heard that
Moses and the people were at Sinai; that Moses could have gone forth to greet
him and entertain him; that Jethro could have observed the manner of Moses’
government and given counsel to set it in better shape and that Moses could have
taken all the steps necessary to rectify his government all in the space of
three days. These days were also appointed specifically for the sanctifying of
the people and so it is no small question whether Moses would even have been
hearing cases during those days. Finally, one must consider that the elders of
Exodus twenty-four could not have been civil judges before Jethro came or else
Jethro would not have observed that Moses was hearing all the cases without
assistance.
We should further note that the seventy elders who were chosen in Exodus
twenty-four were invested with the authority to judge the very matters in which
Aaron or Hur presided. “And he said unto the elders, Tarry ye here for us, until
we come again unto you: and behold Aaron and Hur are with you: if any man have
any matters to do, let him come unto them” (Exodus 24:14).
These seventy elders were joined in the company with Aaron, Nadab and Abihu and
were called up into the mount along with them. The section of Exodus in which
this occurs follows the giving of the judicial or civil laws to Israel in
chapters twenty-one to twenty-three. Chapter twenty-four forms a sort of
transition or even an introduction to the section of Exodus that follows and
which deals more specifically with the ceremonial or cultic laws of Israel. It
is also noteworthy that these seventy elders had no function in the civil cases
and suits regarding the magisterial government, for in Numbers chapter eleven,
which was still future to the events in Exodus chapter twenty-four, Moses still
judged civil cases single-handedly.
Last of all, these elders in Exodus chapter twenty-four seem to be inducted into
office in the context of specifically ecclesiastical ceremonies rather than
civil ceremonies with a religious cast. Of course ancient Israel was not a
secular nation (few nations ever have been) and so the civil and ecclesiastical
cannot be altogether divorced. Yet the concomitants of installation all have an
ecclesiastical context more similar to Aaron’s anointing than to either Saul’s
(First Samuel 10:1ff.) or to David’s (First Samuel 16:13). First the covenant
was ratified immediately upon the selection of the seventy elders, and that in
the context of sacrifice and offering (verses 5 to 8). Second, the elders
received an epiphany in the context of eating what must certainly have been
regarded as a covenantal meal. “And they saw the God of Israel…also they saw
God, and did eat and drink” (verses 10 and 11).
These trains of thought taken together seem to invest these elders with an
ecclesiastical authority and with no civil authority. But if they have
ecclesiastical authority without also having civil authority, then they are a
distinct ecclesiastical government. Consider: they are accompanied by those whom
God chose to be priests (Hebrews 5:4); they had a certain authority to judge of
some matters (Exodus 24:14), but not of others (Numbers 11:14); they entered
office via a sacred banquet which may even have included the eating of holy
things offered to the Lord (Exodus 24:5, 10, 11). Though it was still quite
early in the life of the Jewish church in Exodus 24 and therefore things are
often seen in Scripture at that point in embryonic forms, still one can see in
Exodus chapter 24 an eldership of seventy that is distinct from civil judges.
Deuteronomy 17:8
The next evidence of an ecclesiastical government or Sanhedrin can be taken from
Deuteronomy 17:8-13. In that passage we may observe several indications of
distinct ecclesiastical and civil governments. First, virtually all Reformed
commentators agree that this passage sets forth at the very least a Supreme
Court of civil judges. Traditionally the authority of the civil Sanhedrin has
been based upon this very text. Calvin went so far as to say that the civil
alone is in view in the passage: “for although God seems only to refer to civil
controversies, yet there is no doubt but that by synecdoche He appoints them to
be interpreters of the doctrine of the Law.”[5] Keil and Delitzsch’s commentary
on this passage is also instructive, where they correctly pointed out that the
issue in Deuteronomy chapter seventeen has nothing to do with an appeal by a
losing party to a dispute. “This is evident,” the professors informed us, “from
the general fact, that the Mosaic law never recognizes any appeal to higher
courts by the different parties to a lawsuit, and that in this case also it is
not assumed, since all that is enjoined is, that if the matter should be too
difficult for the local judges to decide, they themselves were to carry it to
the superior court.”[6] The commentary continues on to indicate regarding verse
10, “And this is more especially evident from what is stated in ver. 10, with
regard to the decisions of the superior court, namely that they were to do
whatever the superior judges taught, without deviating to the right hand or to
the left.”[7] Regardless, however, of whether we regard the supreme court as
receiving appeals from parties or from the lower courts, it must be acknowledged
that there exists in this passage a final court of appeal—a court beyond which
one could not properly appeal and to whose judgment one must therefore
acquiesce.
But if this passage indicates a supreme civil court, then it seems by the same
parity of reasoning to hold forth a supreme ecclesiastical jurisdiction as well.
The passage does not resolve civil cases with the judgment of the high priest,
nor does it resolve ecclesiastical cases with the judgment of the judge(s).
Rather, in verse nine the sentence of the priest(s) is carried as far as is the
sentence of the judge(s) who “shall be in that day.” Further, as George
Gillespie pointed out, the sentence was carried forth “in a disjunctive way, as
two powers, not one, and each of them binding respectively in its proper
sphere.”[8] While the objection might be made that the priest was there merely
as a teacher of the law to help interpret the law for the civil judge, this
dissertation does not agree with such an assessment. Verse 12 indicates that
there is a disjunction between the priest that stands to minister and the judge
who shall be in that day. The priest is to be obeyed. He will give
authoritative, and not merely advisory, legal opinion. It was not merely that
the opinion would be binding upon the judge; it would be binding also on the
parties to the case.
A second consideration from the Deuteronomy seventeen passage has to do with the
three categories mentioned that might be too hard for the local justices to
determine for themselves. These categories are characterized in the Authorized
Version as “between blood and blood, between plea and plea, and between stroke
and stroke” (Deuteronomy 17:8). Although R. J. Rushdoony has indicated that a
correct understanding of these distinctions comes down to a practical
application of God’s law, he limits the understanding of this passage to matters
civil. Thus Rushdoony maintains, “The expression in Deuteronomy 17:8, ‘between
blood and blood,’ means a decision between murder and manslaughter. ‘Between
plea and plea’ means between one type of plea for right as against another.
‘Between stroke and stroke’ refers to varieties of bodily injury; ‘matters of
controversy with thy gates’ means matters of controversy within the community.
In these very practical questions of law and the application of the law, the
ultimate authority that binds and looses is God’s law-word. This law must govern
the court, and the court must at the very least be fully grounded in the
law.”[9] This dissertation certainly adopts the view that sees biblical law as
the basis for all court decisions in Old Testament Israel. But in this author’s
opinion there is a wider consideration in Deuteronomy chapter seventeen than Dr.
Rushdoony expounds in his Institutes.
Unquestionably, it could be agreed, the first matter of blood and blood is a
community or civil matter.[10] However the third question—which at first seems
to be a matter for civil litigation—may actually be a matter for the priest. And
if it is a matter for the priest, then it follows that the priest’s court would
have a primarily ecclesiastical jurisdiction. The Hebrew word “nega`,”
translated in verse 8 as “stroke” is the same thing that the priest is to
determine as to whether or not a skin eruption or other matter is a leprosy.[11]
If the first matter is civil and the last matter is for the priest, what is
“plea for plea” or “between plea and plea?” The Hebrew word translated as “plea”
is “din” as in “beth din” or house of judging. Thus the plea may be common to
both civil and ecclesiastical. It may be remembered that the tribe of Dan was
named because God is judge. So, a beth din is a house of judging or house of
judgment. The application of the beth din to the New Testament church as well as
the Old Testament church will be discussed further in subsequent articles.
Significantly also, the conjunction “or” is used in verse 13 indicating yet
again two jurisdictions that can be and ought to be distinguished. This is
demonstrated in the Hebrew ‘o, the LXX’s ê as well as our Authorized Version.
The Greek ê is a disjunctive that separates opposites.[12] So it is used in just
that way in the New Testament in such verses as Matthew 5:36 “white or black,”
Revelation 3:15 “cold or hot,” and Matthew 21:25 “from God or from men.” The
Hebrew particle ‘o also carries the connotation of “or rather” or “or else.”[13]
It is therefore the burden of verse 12 that cases on appeal will go to an
ecclesiastical court or to a civil court at Jerusalem.
There may also be a distinction in the passage between jurisdictions or
sentences. Verse eleven speaks of both “the sentence of the law which they shall
teach there,” and “the judgment which they shall tell thee.” It is well
established in Scripture that the priests were given an accountability to teach
the meaning of the law of God. “For the priest’s [not the judge’s—reb] lips
should preserve knowledge, and they should seek the law at his mouth” (Malachi
2:7). There is a distinction, then, not only of persons (priest and judge), but
also of sentence (law and judgment), and of controversy (blood and leprosy).
This certainly goes a long way toward demonstrating that each had a right of
judgment and further that their respective judgments were supreme in suo genere.
If it was a controversy that was in its substance a cultic or ceremonial issue
(between leprosy and leprosy) as Leviticus 10:9-11 or Ezekiel 22:26 or if it was
a fundamentally doctrinal matter, then he that would not follow the sentence of
the priest who was the president of the ecclesiastical sanhedrin must die the
death (Deuteronomy 17:10-12). But if the cause was criminal, or between blood
and blood, and the guilty party would not submit to the decree of the civil
Sanhedrin at Jerusalem, then he should die the death. When the priest—the
president of the ecclesiastical Sanhedrin—brought sufficient warrant from
Scripture for the judgment he passed (Ezekiel 44:23-24), he who contumaciously
disobeyed him also disobeyed God (Luke 10:16; Matthew 10:14). A competent
adjudication based upon the Word of God must be obeyed.
First Chronicles 23:3
A third line of argumentation proceeds from the reordering of the Levites by
David. In First Chronicles chapter twenty-three all the Levites over the age of
thirty were numbered and found to be 38,000 (verse 3). Of the 38,000, a number
of 24,000 were to “set forward” the work of the house of the Lord. The “setting
forward” is more clearly defined in verses 28-32 and basically includes
everything except the functions delegated specifically to the priests alone to
do.[14] Another 8,000 were made porters and “praisers with instruments” (verse
5). In the midst of this arrangement of temple duty, David designated 6,000
Levites to be “officers and judges.”
Strictly speaking, the shophtim (judges) were those who gave sentence and the
shoterim were those who ensured the execution or the carrying out of the
sentence.[15] There is no linguistic reason to think that the designation of the
office was strictly ecclesiastical, for there were civil officers with the same
title. So it was that Chenaniah and his sons were also “officers and judges”
(First Chronicles 26:29). Thus there were 6,000 Levites whose specific (and
apparently sole) function it was to be “officers and judges.” But it is
altogether unreasonable to suppose that it would have required 6,000 officers
and judges to be over only 32,000 other Levites. The ratio of one to ten is as
low as Scripture ever goes for judges, but this would be a ratio on the order of
one judge for each five and one third Levites.
Rather, we should understand these 6,000 Levites to have the task of judging and
giving sentence when any controversy was brought from outlying districts of the
land. We see in these officers and judges the fulfillment of Deuteronomy
17:8-13, discussed earlier in this chapter. It is also possible, though not
explicit, that they served either in courses as the priests did or that they
were divided according to the various tribal districts in Israel. If anyone
would object that these Levites were the Levites spread out through various
cities, far from contradicting the idea that these were ecclesiastical officers,
the objection would simply demonstrate ecclesiastical government existed
throughout the land. Yet they would then have been subordinate to the
ecclesiastical Sanhedrin at Jerusalem as lower courts.
But we must follow David’s story to its conclusion. In First Chronicles 28:1 we
read, “And David assembled all the princes of Israel, the princes of the tribes,
and the captains of the companies that ministered to the king by course, and the
captains over the thousands, and captains over the hundreds, and the stewards
over all the substance and possession of the king, and of his sons, with the
officers, and with the mighty men, and with all the valiant men, unto
Jerusalem.” Surely no biblical student would maintain that the Levites were
officers and judges of the same kind, in the same manner, or for the same ends
with the civil rulers, judges, and military commanders in Israel. Nor should any
biblical student maintain that there was no distinction between the power of
ruling (binding) given to the Levites and the power of ruling (binding) given to
the Princes respectively. But if we admit of a distinction, it is that very
distinction that this dissertation maintains distinguishes between civil and
ecclesiastical government in Old Testament Israel.
Much of the difficulty in making this proper distinction arises, in this
author’s opinion, from the fact that there was not a civil (or judicial) law in
Old Testament Israel apart from the law of God. Thus the civil courts and
ecclesiastical courts were both working from the same corpus juris. There was
not a separate corpus juris canonici, and so it is an easy and even natural
conclusion that if we see the same laws and the same people being governed that
we must also be seeing a single court system. Here is where the Presbyterian
understanding of ecclesiastical government diverges from the Erastian view that
the civil magistrate is the governor of the church. But at the same time the
Presbyterian understanding diverges from that of the Roman state church that
places the claims of the Roman antichrist over the civil magistrate in respect
to civil matters. It is in part due to this understanding of the Old Testament
distinctions between civil and ecclesiastical government that the Westminster
divines proclaimed, “The Lord Jesus, as king and head of his church, hath
therein appointed a government in the hand of church-officers, distinct from the
civil magistrate”[16] and in that statement repudiated Erastianism. In the same
document the divines also repudiated the claim that ecclesiastical government
has any business meddling (or “intermeddling” as they said) with the affairs of
civil government. “Synods and councils are to handle or conclude nothing but
that which is ecclesiastical; and are not to intermeddle with civil affairs,
which concern the commonwealth, unless by way of humble petition, in cases
extraordinary; or by way of advice for satisfaction of conscience, if they be
thereunto required by the civil magistrate.”[17]
Second Chronicles 19:8
The fourth passage that provides evidence of an ecclesiastical government and
sanhedrin in Old Testament Israel distinct from civil government is Second
Chronicles 19:8-11, alluded to earlier, when Jehoshaphat restored the church
government that was first instituted by Moses and later settled by David.
“Moreover in Jerusalem did Jehoshaphat set of the Levites, and of the priests,
and of the chief of the fathers of Israel, for the judgment of the Lord and for
controversies,” etc. There is no question over whether a civil Sanhedrin
existed. What must be proved is that there was in Jerusalem, side by side with
the civil government, a distinct ecclesiastical government. The passage in
Second Chronicles provides for a court made up of ecclesiastical members,
judging ecclesiastical causes, for an ecclesiastical end, having final authority
to decide matters brought from inferior courts, moderated by an ecclesiastical
president, and whose sentence was put into effect by ecclesiastical officers.
But that is just what would constitute a distinct ecclesiastical Sanhedrin. One
may wish to call it by some other name, but in proving the parts we shall prove
the whole.[18]
First, in this passage we find Levites and priests as members of the court
together with certain of the “chief of the fathers of Israel” who together made
up the government of the church. This is the very passage adduced by the
Westminster Assembly of divines for their statement, “As there were in the
Jewish church elders of the people joined with the priests and Levites in the
government of the church;” etc.[19] Further, according to Gillespie, this is the
passage adduced by Protestants against the Roman apologist Robert Bellarmine to
prove that others than “clergy” ought to have a voice in church councils.[20]
Second, this court was judging ecclesiastical cases. Those cases or
controversies were called by the name of “the judgment of the Lord” in verse
eight and “the matters of the Lord” in verse 11 to distinguish them from “the
king’s matters.”[21] The nature of a controversy such as “between blood and
blood” may refer to the distinction between unintentional man killing as opposed
to “lying in wait” (i.e. with premeditation). However, it is also quite possible
and some commentators would even say likely, that what is in view is the law
regarding consanguinity in marriage.[22] The phrase “ye shall warn them” in
verse 10 certainly seems to have more in common with synodical decrees (cp. Acts
16:4) than with civil punishments such as restitution, fines, and corporal
punishments.
Third, the court had an ecclesiastical end—”Ye shall warn them that they
trespass not against the Lord.” Jehoshaphat did not charge them to warn the
lower courts not to sin “against one another,” but “against the Lord.” This
seems to be for two reasons primarily. The first reason would be that this court
would be involved not so much in tort law and criminal law as in first table
offenses. But secondly, even in the case of trespasses and controversies
involving personal injury or public criminality the supreme court was tasked
with warning the lower courts not to mistake or misunderstand the law—they were
to determine the law and its intent such that they not trespass against the
giver of the law.[23]
Fourth, cases could come before them from the outlying cities (whether by appeal
or by reference is immaterial in this respect). When such a case came before the
court they were required to “finally decide” it. Their decision was ultimate and
therefore it was the authoritative determination of the case. There was not a
civil court to which the litigation could then be appealed. If there were, then
the ecclesiastical system would, in its final determinations, have been
subordinate to the civil system. That would have made the Old Testament system
fundamentally Erastian in its nature. This was the point that the Erastians in
the Westminster Assembly thought was their strongest; and it was the point that
they finally had to concede to the Presbyterians after the learned Gillespie
arrived. William M. Hetherington described some of the difficulties the
Erastians experienced with the young Gillespie:
“When the subject was resumed, another direction was given to the discussion by
Selden, who produced a long and learned argument to prove that the passage of
Scripture in question contained no authority for ecclesiastical jurisdiction.
His object was, to guard against any conclusion of the Assembly, which might
contradict the Erastian theory, and therefore he laboured to represent the whole
as relating to the ordinary practice of the Jews in their common courts; by whom
as he asserted, one sentence was excommunication, pronounced by the civil court.
Herle and Marshall both attempted answers, but, says Lightfoot, ‘so as I confess
gave me no satisfaction.’ Gillespie then came to the rescue, and in a speech of
astonishing power and acuteness, completely confuted Selden, even on his own
chosen ground, and where his strength was greatest. He proved that the passage
could not mean a civil court,… This appears to have been the speech referred to
by Wodrow, and of which there still exist many traditionary anecdotes,
illustrative of the very extraordinary effect produced upon all that heard it.
Selden himself is reported to have said at its conclusion, ‘That young man, by
this single speech, has swept away the labours of ten years of my life;’ and it
is remarkable that Selden made no attempt to reply to Gillespie, though he
answered some of the arguments used by others who spoke after him.”[24]
Fifth, this court had a clearly ecclesiastical moderator or president. Verse
eleven maintains “Amariah the chief priest is over you in all matters of the
LORD” whereas Zebediah, of the tribe of Judah, was Prime Minister respecting
civil matters—or the king’s matters. Amariah was not merely present as another
voting member. He was over the court as its prolocutor.[25] This diversity of
having not a single head, but two heads, is enough to prove two bodies. Any
creature with two heads but a single body is a monstrosity. But here we dare not
accuse Jehoshaphat of creating a monstrosity. Therefore there were two bodies.
The same man might be the member of two bodies—a civil and an ecclesiastical—or
he may be a member of three or four courts without causing a puzzle to us. But
for the same court to have two presidents would be strange at least. So the
distinction of presidents and of subject matter to each president, makes two
distinct courts.
Sixth, and finally, the court had ecclesiastical officers to put its sentences
into effect. In verse 11 we read, “The Levites shall be officers before you.” As
we saw in First Chronicles 23:26, some of the Levites were shophtim and others
were shoterim. The latter were the officers to see that the sentence of the
shophtim was put into effect, and to cause those who would otherwise be
refractory to obey the court. So also in this passage some of the Levites were
appointed to judge and others were appointed to carry out the ecclesiastical
censures. Levites were appointed to carry out the censures in part to obviate
the possibility of the civil sword being used to place church censures into
effect.
Jeremiah 26:7-9
A fifth passage that might be adduced comes more to observation than to precept,
but nevertheless counts as evidence for the existence of a distinct
ecclesiastical court, whether by jus divinum or some other reason. Jeremiah
chapter twenty-six sets forth a distinction of authority between the court of
the priests and prophets in verses 7 to 9 and the court of the princes of Judah
in verses 10 through 24. The prophets spoken of here in Jeremiah were not true
prophets of God, but clearly were false prophets. Yet even in that capacity of
prophet (whether true or false matters not) they had the authority to summon
Jeremiah before them (i.e., they “took” him in verse 8). In this court, Jeremiah
was accused and convicted (wrongly of course—it would be more accurate to say he
was convicted even before he was taken) of being a false prophet, verse 9. Yet
though they had judged him worthy to die, he was acquitted by the court of the
princes in verses 10, 11, and 16.
Then in verses 17 and following “certain of the elders of the land” gave the
justification for their decision to reverse the ecclesiastical court. An
Erastian may be inclined to cite this passage to prove an appeal from an
ecclesiastical court to a civil court. We will take from the Erastian what he
gives, viz., that there was a distinction of courts. But we disagree with the
Erastian idea that this constitutes a process to be followed in every Old
Testament ecclesiastical case; and that for two reasons. First, the court of the
priests and prophets had no power of capital punishment. If they had, then they
would simply have signed Jeremiah’s death warrant and would have been done with
him.
The reason Jeremiah’s case went from one court to another was due to the fact
that the ecclesiastical court was calling for a sentence that it did not have
authority in itself to carry out. There must be a concurrence of the civil court
to carry out a corporal sentence. Yet second, the court did have a power to
judge Jeremiah as a false prophet, and one who ought to be punished in a certain
way corporally according to the law of God. Their judgment was wrong respecting
Jeremiah’s guilt, but their jurisdiction was never denied: not by them, nor by
Jeremiah, nor by the court of the princes. Rather, what the court of the princes
determined was that the court of the priests and prophets applied a wrong
standard to Jeremiah’s case. The priests’ and prophets’ court applied a standard
that maintained that anyone speaking against the temple was worthy of death. The
civil court reversed the judgment because Jeremiah had done nothing truly worthy
of death. The justification for the reversal contained both principle and
precedent—very much as we would expect from a separate court. Had the civil
court carried out the sentence, it would have become a partaker of the
ecclesiastical court’s sin.
Jeremiah 18:18
A sixth Scripture that may be brought forth to intimate a separate
ecclesiastical Sanhedrin is Jeremiah 18:18. In that verse, Jeremiah’s
adversaries said, “Come, and let us devise devices against Jeremiah; for the law
shall not perish from the priest, nor counsel from the wise, nor the word from
the prophet. Come, and let us smite him with the tongue, and let us not give
heed to any of his words.” Jeremiah’s persecutors were committing the genetic
fallacy or an argument from [false] authority. The force of their argument lay
in the fact that because those who are of the greatest authority in the church
disagree with Jeremiah and he must therefore be a false prophet. These accusers
made the same error that the followers of the Pope continue to make—they thought
that “the church” could not err. But where would they get such an idea?
Certainly they must have adduced the law of the sanhedrin in Deuteronomy
17:10-12, “And thou shalt do according to the sentence which they of that place
which the Lord shall choose shall show thee; and thou shalt observe to do
according to all that they inform thee: according to the sentence of the law
which they shall teach thee, and according to the judgment which they shall tell
thee, thou shalt do: thou shalt not decline from the sentence which they shall
shew thee, to the right hand nor to the left. And the man that will do
presumptuously, and will not hearken unto the priest that standeth to minister
there before the LORD thy God, or unto the judge, even that man shall die: and
thou shalt put away the evil from Israel.”
A misapplication of the law of the Sanhedrin would cause them to think that a
duly appointed council of priests, wise men so-called, and prophets could not
err. Therefore they preferred the pronouncements of the ecclesiastical Sanhedrin
to the word of the Lord from Jeremiah. This seems to be an ecclesiastical
Sanhedrin rather than a civil Sanhedrin. This conclusion follows for several
reasons.
First, they make no mention of the judge from Deuteronomy seventeen, but only of
the priests and prophets and the wise, by which we should understand those who
excelled in the knowledge of the law of God. Thus Christ referred to his
disciples in Matthew 23:34. So, too, Jeremiah 8:8-9 defines the wise in terms of
those who know the law of the Lord (even though they really did not know it).
Isaiah distinguished in Isaiah 3:2 between the prudent and the judge. Further if
we compare Matthew 23:34 (referenced above) with Luke 11:49, we learn that “wise
men” and “scribes” are semantically equivalent terms to “Apostles.”
Second, however, their determination to smite Jeremiah with the tongue fits
perfectly well with an ecclesiastical Sanhedrin, but not so well with what we
would expect from a civil Sanhedrin. Thus it may be that they were determined to
smite him for his tongue, that is, for false doctrine. Or the phrase may import
that they desired to smite him in his tongue so that by ecclesiastical censure
he no longer would be permitted or licensed to preach. Or the terminology could
refer to an ecclesiastical declaration or sentence. Then the meaning would be,
“do not smite him with the sword, for that belongs only to the civil magistrate.
Smite him rather with the tongue by declaring him to be a false prophet and thus
ministerially and declaratively determining that controversy and that case.”[26]
Ezekiel 7:26
Seventh, we may consider Ezekiel 7:26 where we read, “…then shall they seek a
vision of the prophet; but the law shall perish from the priest, and counsel
from the ancients.” Once again the priests and the ancients are to be regarded
collectively or jointly in session and not severally and distributively as
alone. Here is the meaning: in God’s providential discipline the people would
seek after a vision from the Lord, but they would not be able to find it
regardless of where they looked. A person may not be disappointed or surprised
if a single elder or priest or prophet had no word from the Lord because then it
might be sought elsewhere. But if the entire consistory of priests and elders
were devoid of wisdom and counsel and knowledge of the law, then the light of
Israel would become as darkness. Many Protestant writers at the time of the
Reformation cited this verse to show that ecclesiastical councils can err. But
if they were sensible in their citations, then they must have regarded this
passage to have reference to such councils.[27]
Zechariah 7:1-3
An eighth passage from the Old Testament also holds forth the authority, if not
the form, of a distinct ecclesiastical council and that is Zechariah 7:1-3. Some
Jews sent Sherezer and Regemmelech to Jerusalem or to the house of the Lord to
speak to the priests and prophets who were there in that day and the question
they were told to ask was “Should I weep in the fifth month, separating myself,
as I have done these many years?” Here is clearly an ecclesiastical question
having to do with God’s worship and possibly also having to do with a case of
conscience.[28] But the reason that the Jews inquired from this council was
because they clearly believed that this council had the authority to “finally
decide” the controversy. By the term “finally decide,” church courts convey that
there is no further appeal by either party to the case.
The New Testament Record
Finally, this dissertation should consult the New Testament on the matter, for
it also holds out an ecclesiastical Sanhedrin among the Jews of the first
century. Whether Rome had fully taken away the civil Sanhedrin in the days she
ruled Palestine might be controverted. Yet there was certainly an ecclesiastical
government in the hands of church officers in those days.[29] Note first, there
was a council that consisted of the priests, elders, and scribes (Matthew 2:4;
16:21; 21:23; 26:57, 59; 27:1, 12; Mark 14:43; Luke 22:66; and Acts 4:5). Note
further that the council was designated in the Greek language of the New
Testament as the presbuterion in Luke 22:66 and Acts 17:5. But that is the very
name Paul gave to the explicitly ecclesiastical eldership that ordained Timothy
(First Timothy 4:14). It is very doubtful that the Apostle would transfer the
name of an exclusively civil court to an exclusively ecclesiastical one without
some explanation. Finally, note that this council examined Jesus concerning his
disciples and his doctrine, received witnesses against him, and pronounced him
guilty of blasphemy (Matthew 26:57, 65-66 cp. Mark 14:53-55 and John 18:19;
19:6-7; Luke 22:66; etc.).
A testimony is established in the mouths of two or three witnesses. But this
chapter has called three times the required number to establish a matter: eight
passages from the Old Testament, plus the testimony of the New Testament. Lest
this author be misunderstood in what he thinks this chapter has demonstrated, he
does not claim that the ecclesiastical government of the Old Testament was so
clearly delineated as it is in the New Testament. Nor does this work claim that
there was as clear and complete a distinction of subjects, matters, and offices
as exists in the New Testament between the ecclesiastical government and the
civil government. Nor does the author claim that the ecclesiastical government
of the Old Testament was always limited in its censures in an identical way that
the New Testament ecclesiastical government is limited.
Rather, the viewpoint of the author of this dissertation is much simpler than
that. God distinguished in the Old Testament as well as the New Testament
between the church and the state. The church and state were co-extensive in the
Old Testament and that is no longer the case. The idea of a “national church” is
really an anachronism given the fact that the church catholic (universal) is the
holy nation of God today (Matthew 21:43 cp. First Peter 2:9). The church and
state are no longer co-extensive with respect to their subjects and so the
limits of each are much more easily discerned today. But there was a
distinction, embryonic though it may have been—which of the ordinances of God
was not embryonic in the Old Testament, after all—between the church government
that God placed in the hands of church-officers and the civil government that
God placed in the hands of others.
----------------------
[1] See below in this article for a more detailed treatment of Second Chronicles
chapter nineteen.
[2] Although it is possible to distinguish between two court “systems” in the
Old Testament, it would be incorrect to suppose that some cases were of a
strictly ecclesiastical nature while others were of a strictly civil nature.
Likewise, most of the Old Testament legislation contained both ecclesiastical
and civil aspects and applications.
[3] As in English, the Hebrew word for ‘elder’ is related to the adjective
‘old.’ Apart from an actual ecclesiastical or civil function revealed in the
context it would be impossible to say with certainty whether the term “elder” at
a given Scripture referred to an office-holder or simply to an old man and
whether the office was civil, ecclesiastical, or both.
[4] Gillespie, Aaron’s Rod Blossoming, p. 5 and citing also Willet and Tostatus
in Commentaries on this passage in Exodus ch. 24.
[5] Calvin, Commentaries: Harmony of the Four Last Books of Moses (Grand Rapids:
Baker, 1984 reprint), 2.262.
[6] Keil & Delitzsch, op. cit., I.iii.382. Emphasis added.
[7] Ibid., Emphasis added.
[8] Gillespie, op. cit. p. 6.
[9] R. J. Rushdoony, Institutes of Biblical Law (Nutley, NJ: The Craig Press,
1973), 620.
[10] Though it could be argued that the “blood and blood” refers even here to
consanguinity as it does elsewhere.
[11] Neither is this so far-fetched as may seem at first. The Vulgate translates
this phrase as “causam lepram et non lepram.”
[12] Arndt & Gingrich, op. cit., pp. 342-43.
[13] Richard Whitaker, Ed. The Abridged Brown-Driver-Briggs Hebrew-English
Lexicon of the Old Testament (Oak Harbor, WA: Logos Research Systems, 1997), in
loco.
[14] Keil & Delitzsch, op. cit., III.ii.253.
[15] Or the shoterim may simply have been recording clerks. The word is clearly
a qal active participle of an unused verb shatar. The participle is used to
describe the prefects of the people in Egypt in Exodus 5:6-19 and is therefore
an ancient designation.
[16] WCF XXX.1, Confession, 120.
[17] WCF XXXI.5, Confession, 123.
[18] Some may wish to call this “duck logic.” If something quacks like a duck,
and waddles like a duck, and flies like a duck and has a bill like a duck, and
is always found in company with known ducks, it is most likely a duck. Lawyers
often set forth this same principle with the saying, “if you hear hoof-beats,
think ‘horses,’ not ‘zebras.’” The present author is aware of the fallacy of
composition, and has not committed it with this argument. The author is not
attributing the characteristics of the parts to the whole, but demonstrating how
each of the parts is consistent with the whole.
[19] “The Form of Church-Government,” in Confession, 402.
[20] Gillespie, op.cit., 8.
[21] debar YHWH and debar hammelek respectively.
[22] E.g., Gillepie in op. cit.
[23] Matthew Henry, op. cit., in loco.
[24] William M. Hetherington, History of the Westminster Assembly of Divines
(Edmonton: Still Waters Revival Books, 1991 reprint of 1856 third edition),
201-202.
[25] Hebrew `aleykem.
[26] As would be the only authority a church court would have operating
according to WCF XXXI.3, Confession, 122.
[27] Gillespie, op. cit., 12.
[28] “It belongeth to synods and councils ministerially to determine
controversies of faith, and cases of conscience;” WCF XXXI:3, Confession, 122.
[29] See WCF XXX.1, Confession, 120.