John Lightfoot on Matthew 2:4

[And when he had gathered all the chief priests and scribes of the people together.] That is, he assembled the Sanhedrim. Herod is said by very many authors to have slain the Sanhedrim, but this is neither to be understood of the whole Sanhedrim, nor, if it were to be understood of the whole, would it denote the total subversion of the Sanhedrim. The Babylonian Gemarists do thus relate the story: "Herod was a servant of the Asmonean family. He cast his eyes upon a young maid [of that family]. On a certain day he heard the Bath Kol [a voice from heaven] saying, Whatsoever servant shall now rebel shall prosper. He arose up against his masters, and slew them all." And a little after; "Herod said, Who is there that interprets these words, 'Thou shalt set a king over thee out of the midst of thy brethren?' (Deut 17:15). The Rabbins [interpreted the words]. He rose up and slew all the Rabbins, leaving only Bava Ben Buta, with whom he consulted."

Herod was to overcome two difficulties, that he might, with the peace and favour of the Jews, become their king. For, although he had been raised unto the kingdom by the Romans, nevertheless, that he might establish his throne, the people remaining quiet and accepting him, first it seemed necessary to him that the Asmonean family should be removed out of the way, which, formerly governing the people, they had some affection and love for, and which still remaining, he suspected he could scarce be secure. Secondly, that law of setting no king over them but of their brethren debarred him, since he himself was of the stock of Edom. Therefore he took away all those Rabbins, who, adhering stiffly to this law, opposed, what they could, his coming to the kingdom. "But all the Rabbins indeed he slew not (saith the Gloss upon the place alleged); for the sons of Betira were left alive, who held the chair when Hillel came out of Babylon."

Therefore he slew not all the elders of the Sanhedrim, but those only who, taking occasion from that law, opposed his access to the kingdom. Out of that slaughter the two sons of Betira escaped, who held the first places in the Sanhedrim after the death of Shemaiah and Abtalion. Shammai also escaped, who, according as Josephus relates, foretold this slaughter. Hillel escaped likewise, if he were then present; and Menahem, who certainly was there, and who thenceforth sat second in the chair. Bava Ben Buta escaped also, as the Gemara relates, who afterward persuaded Herod that he should repair the Temple to expiate this bloody impiety. And others escaped.

[The chief priests.] When the Sanhedrim consisted of priests, Levites, and Israelites (as Maimonides teacheth), under the word chief priests, are comprehended the two former; namely, whosoever of the clergy were members of the Sanhedrim; and under the scribes of the people are comprehended all those of the Sanhedrim who were not of the clergy.

Among the priests were divers differences:

I. Of the priests some were called, as if you would say the plebeian priests; namely, such who indeed were not of the common people, but wanted school education, and were not reckoned among the learned, nor among such as were devoted to religion. For seeing the whole seed of Aaron was sacerdotal, and priests were not so much made as born, no wonder if some ignorant and poor were found among them. Hence is that distinction, The poor Israelites and the poor priests are gatherers. A Votary priest, and a Plebeian priest. And caution is given, That the oblation be not given to a Plebeian priest. And the reason of it is added, "Because whosoever giveth an oblation to a Plebeian priest doth all one as if he should give it to a lion; of which it may be doubted whether he will treat it under his feet and eat it or not. So it may be doubted of a Plebeian priest, whether he will eat it in cleanness or in uncleanness." However ignorant and illiterate these were, yet they had their courses at the altar according to their lot, being instructed at that time by certain rules for the performing their office, appointed them by lot. You would stand amazed to read those things which are supposed concerning the ignorance and rudeness even of the high-priest himself.

II. There were others who were called Idiot, or private, priests; who although they both were learned, and performed the public office at the altar, yet were called private, because they were priests of a lower, and not of a worthier, order.

III. The worthier degree of priests was fourfold, besides the degree of the high-priest, and of the sagan his substitute. For, 1. There were the heads of the Ephemeries, or courses; in number twenty-four. 2. There were the heads of the families in every course. Of both, see the Jerusalem Talmud. 3. The presidents over the various offices in the Temple. Of them, see Shekalim. 4. Any priests or Levites, indeed, (although not of these orders), that were chosen into the chief Sanhedrim. Chief priests, therefore, here and elsewhere, where the discourse is of the Sanhedrim, were they who, being of the priestly or Levitical stock, were chosen into that chief senate.

[The scribes of the people.] A scribe, denotes more generally any man learned, and is opposed to the word rude, or clownish. "Two, who ate together, are bound to give thanks each by themselves, when both of them are scribes: But if one be a scribe, and the other ignorant [or a clown], let the scribe give thanks, and thence satisfaction is made for the duty of the ignorant, or unlearned person." So we read of The scribes of the Samaritans; that is, the learned among the Samaritans: for among them there were no traditionarians.

More particularly, scribes, denote such, who, being learned, and of scholastic education, addicted themselves especially to handling the pen, and to writing. Such were the public notaries in the Sanhedrim, registrars in the synagogues, amanuenses who employed themselves in transcribing the law, phylacteries, short sentences to be fixed upon the door-posts, bills of contracts, or divorce, &c. And in this sense a scribe, and a Talmudic doctor, are sometimes opposed; although he was not Tanna, a Talmudic doctor, who was not Sophra, a scribe, in the sense above mentioned. In the Babylonian Talmud it is disputed (a passage not unworthy our reading), what disagreement in calculation may be borne with between an expounder out of the chair, or the pulpits, and a writer of contracts, or bills of divorce, or a register, &c., in reckoning up the year of the Temple, of the Greek empire, &c. Concerning which matter, this, among other things, is concluded on, that a scribe computes more briefly, a doctor more largely. It will not repent one to read the place; nor that whole tract called The tract of the scribes; which dictates to the scribes of that sort of which we are now speaking, concerning writing out the law, the phylacteries, &c.

But, above all others, the fathers of the traditions are called scribes (who were, indeed, the elders of the Sanhedrim): which is clear enough in these and such-like expressions: The words of the scribes are more lovely than the words of the law; that is, traditions are better than the written law: This is of the words of the scribes: that is, 'this is from the traditionary decrees.'

These, therefore, whom Matthew calls the scribes of the people, were those elders of the Sanhedrim, who were not sprung from the sacerdotal or Levitical stock, but of other tribes: the elders of the Sanhedrim, sprung of the blood of the priests, were the scribes of the clergy, the rest were the scribes of the people.

We may therefore guess, and that no improbable conjecture, that, in this assembly, called together by Herod, these were present, among others:--1. Hillel, the president. 2. Shammai, vice-president. 3. The sons of Betira, Judah, and Joshua. 4. Bava Ben Buta. 5. Jonathan the son of Uzziel, the Chaldee paraphrast. 6. Simeon, the son of Hillel.