judicatures

Let not the heathen therefore know of your differences among one another, nor do you receive unbelievers as witnesses against yourselves, nor be judged by them, nor owe them anything on account of tribute or fear; but render to Cæsar the things that are Cæsar's, and unto God the things that are God's, as tribute, taxes, or poll-money, as our Lord by giving a piece of money was freed from disturbance. Choose therefore rather to suffer harm, and to endeavour after those things that make for peace, not only among the brethren, but also among the unbelievers. For by suffering loss in the affairs of this life, you will be sure not to suffer in the concerns of piety, and will live religiously, and according to the command of Christ. But if brethren have lawsuits one with another, which God forbid, you who are the rulers ought thence to learn that such as these do not do the work of brethren in the Lord, but rather of public enemies; and one of the parties will be found to be mild, gentle, and the child of light; but the other unmerciful, insolent, and covetous. Let him, therefore, who is condemned be rebuked, let him be separated, let him undergo the punishment of his hatred to his brother. Afterwards, when he repents, let him be received; and so, when they have learned prudence, they will ease your judicatures. It is also a duty to forgive each other's trespasses — not the duty of those that judge, but of those that have quarrels; as the Lord determined when I Peter asked Him, How oft shall my brother sin against me, and I forgive him? Till seven times? He replied, I say not unto you, Until seven times, but until seventy times seven. For so would our Lord have us to be truly His disciples, and never to have anything against anybody; as, for instance, anger without measure, passion without mercy, covetousness without justice, hatred without reconciliation. Draw by your instruction those who are angry to friendship, and those who are at variance to agreement. For the Lord says: Blessed are the peacemakers, for they shall be called the children of God.

Let your judicatures be held on the second day of the week, that if any controversy arise about your sentence, having an interval till the Sabbath, you may be able to set the controversy right, and to reduce those to peace who have the contests one with another against the Lord's day. Let also the deacons and presbyters be present at your judicatures, to judge without acceptance of persons, as men of God, with righteousness. When, therefore, both the parties have come, according as the law says, those that have the controversy shall stand severally in the middle of the court; and when you have heard them, give your votes holily, endeavouring to make them both friends before the sentence of the bishop, that judgment against the offender may not go abroad into the world; knowing that he has in the court the Christ of God as conscious of and confirming his judgment. But if any persons are accused by any one, and their fame suffers as if they did not walk uprightly in the Lord, in like manner you shall hear both parties — the accuser and accused; but not with prejudice, nor with hearkening to one part only, but with righteousness, as passing a sentence concerning eternal life or death. For says God: He shall prosecute that which is right justly. For he that is justly punished and separated by you is rejected from eternal life and glory; he becomes dishonourable among holy men, and one condemned of God.

Let your judicatures be held on the second day of the week, that if any controversy arise about your sentence, having an interval till the Sabbath, you may be able to set the controversy right, and to reduce those to peace who have the contests one with another against the Lord's day. Let also the deacons and presbyters be present at your judicatures, to judge without acceptance of persons, as men of God, with righteousness. When, therefore, both the parties have come, according as the law says, those that have the controversy shall stand severally in the middle of the court; and when you have heard them, give your votes holily, endeavouring to make them both friends before the sentence of the bishop, that judgment against the offender may not go abroad into the world; knowing that he has in the court the Christ of God as conscious of and confirming his judgment. But if any persons are accused by any one, and their fame suffers as if they did not walk uprightly in the Lord, in like manner you shall hear both parties — the accuser and accused; but not with prejudice, nor with hearkening to one part only, but with righteousness, as passing a sentence concerning eternal life or death. For says God: He shall prosecute that which is right justly. For he that is justly punished and separated by you is rejected from eternal life and glory; he becomes dishonourable among holy men, and one condemned of God.

Consider even the judicatures of this world, by whose power we see murderers, adulterers, wizards, robbers of sepulchres, and thieves brought to trial; and those that preside, when they have received their accusations from those that brought them, ask the malefactor whether those things be so. And though he does not deny the crimes, they do not presently send him out to punishment; but for several days they make inquiry about him with a full council, and with the veil interposed. And he that is to pass the final decree and suffrage of death against him, lifts up his hands to the sun, and solemnly affirms that he is innocent of the blood of the man. Though they be heathens, and know not the Deity, nor the vengeance which will fall upon men from God on account of those that are justly condemned, they avoid such unjust judgments.

But now this John, as if his oath had been made to the zealots, and for confirmation of his good-will to them, and not against them, went into the temple, and stood in the midst of them, and spake as follows: That he had run many hazards on their accounts, and in order to let them know of every thing that was secretly contrived against them by Ananus and his party; but that both he and they should be cast into the most imminent danger, unless some providential assistance were afforded them; for that Ananus made no longer delay, but had prevailed with the people to send ambassadors to Vespasian, to invite him to come presently and take the city; and that he had appointed a fast for the next day against them, that they might obtain admission into the temple on a religious account, or gain it by force, and fight with them there; that he did not see how long they could either endure a siege, or how they could fight against so many enemies. He added further, that it was by the providence of God he was himself sent as an ambassador to them for an accommodation; for that Artanus did therefore offer them such proposals, that he might come upon them when they were unarmed; that they ought to choose one of these two methods, either to intercede with those that guarded them, to save their lives, or to provide some foreign assistance for themselves; that if they fostered themselves with the hopes of pardon, in case they were subdued, they had forgotten what desperate things they had done, or could suppose, that as soon as the actors repented, those that had suffered by them must be presently reconciled to them; while those that have done injuries, though they pretend to repent of them, are frequently hated by the others for that sort of repentance; and that the sufferers, when they get the power into their hands, are usually still more severe upon the actors; that the friends and kindred of those that had been destroyed would always be laying plots against them; and that a large body of people were very angry on account of their gross breaches of their laws, and [illegal] judicatures, insomuch that although some part might commiserate them, those would be quite overborne by the majority.

And now these zealots and Idumeans were quite weary of barely killing men, so they had the impudence of setting up fictitious tribunals and judicatures for that purpose; and as they intended to have Zacharias the son of Baruch, one of the most eminent of the citizens, slain, so what provoked them against him was, that hatred of wickedness and love of liberty which were so eminent in him: he was also a rich man, so that by taking him off, they did not only hope to seize his effects, but also to get rid of a mall that had great power to destroy them. So they called together, by a public proclamation, seventy of the principal men of the populace, for a show, as if they were real judges, while they had no proper authority. Before these was Zacharias accused of a design to betray their polity to the Romans, and having traitorously sent to Vespasian for that purpose. Now there appeared no proof or sign of what he was accused; but they affirmed themselves that they were well persuaded that so it was, and desired that such their affirmation might be taken for sufficient evidence. Now when Zacharias clearly saw that there was no way remaining for his escape from them, as having been treacherously called before them, and then put in prison, but not with any intention of a legal trial, he took great liberty of speech in that despair of his life he was under. Accordingly he stood up, and laughed at their pretended accusation, and in a few words confuted the crimes laid to his charge; after which he turned his speech to his accusers, and went over distinctly all their transgressions of the law, and made heavy lamentation upon the confusion they had brought public affairs to: in the mean time, the zealots grew tumultuous, and had much ado to abstain from drawing their swords, although they designed to preserve the appearance and show of judicature to the end. They were also desirous, on other accounts, to try the judges, whether they would be mindful of what was just at their own peril. Now the seventy judges brought in their verdict that the person accused was not guilty, as choosing rather to die themselves with him, than to have his death laid at their doors; hereupon there arose a great clamor of the zealots upon his acquittal, and they all had indignation at the judges for not understanding that the authority that was given them was but in jest. So two of the boldest of them fell upon Zacharias in the middle of the temple, and slew him; and as he fell down dead, they bantered him, and said, "Thou hast also our verdict, and this will prove a more sure acquittal to thee than the other." They also threw him down from the temple immediately into the valley beneath it. Moreover, they struck the judges with the backs of their swords, by way of abuse, and thrust them out of the court of the temple, and spared their lives with no other design than that, when they were dispersed among the people in the city, they might become their messengers, to let them know they were no better than slaves.