whereas properly they signifie nothing else but an association an approximation or conioyning of one into the same corporation or company of which he that doth associat and giue admission is a member CHAP. VI. Ceremonies common in all capitall iudgements IN their greater punishments which depriued of life some ceremonies were common to them all First the Iudges were to vse deliberation in all causes but especially in matters capitall There were foure causes saith a Targum Ionath Num. 9. 8. Ionathan in his Targum that came before Moses he nameth none in particular but what they were we shall presently learne out of other records two of these were not waightie in these he hastened two more materiall concerning life and death in these he delaied b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ionath Caeterum tà m de his quà m de illis dicebat Non audiui Of both the lighter and waightier causes Moses said I haue not heard to wit from the Lord to shew that a deliberation and consultation as it were with God ought to be in all iudgements before sentence bee pronounced these foure causes are named in c Targum Hierosol Num. 9. 8. other Records The two lightest are 1. The matter of vncleanenesse debarring the people from the Passeouer Numb 9. 9. Secondly the case of Zelophehads daughters Numb 36. 10. The two weightier are 1. The cause of the blasphemer Leu. 24. 13. Secondly the case of him that gathered stickes on the Sabboth Numb 15. 35. In all these iudgements there is The Lord spake vnto Moses And in the first which was counted among the lighter causes because it was not on life and death euen there doth Moses in a solemne manner bespeake the people to stand still Et ego audiam And I will heare what the Lord will command Notwithstanding wilfull delaies in iustice maketh the Iudge vnrighteous In that vnrighteous Iudge from whom the Widdow wrested sentence by importunity wee read not of any other fault in him but delay Luk. 18. 6. Secondly the party accused was placed on some high place from whence hee might be seene and heard of all the people Set Naboth In capite populi on high among the people 1 Kings 21. 9. Thirdly d Drus praeterit Mat. 27. the Iudges and the Witnesses did when sentence was pronounced put their hands vpon the condemned persons head and said Sanguis tuus super caput tuum Thy bloud be vpon thine owne head vnto this the people had reference saying His bloud be on vs and our children Mat. 27. 25. Fourthly the place of execution was without the gates the malefactors were had thither by two executioners termed by the e Moses Kotsens in Sanhedrin It. Talmud lib. Maccoth cap. 3. in Mischna Rabbins 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 chazani hacceneseth Spectators of the congregation which is a periphrasis of those whom Saint Marke calleth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Marke 6. 27. which word though it be vsed by the Greekes and f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vzielid et Targū Hierosolym Gen. 37. 36. Chaldee Paraphrasts yet it is a meere Latine deriued à speculando because in the Court the Executioners were onely spectators to behold and attend what the Iudges would command them Fiftly when the malefactor was led to execution a g Moses Kotsens in loco superius citato publique cryer went before saying such a one is going to be punisht with such a death because he hath committed such or such an offence at such a time in such a place and these N. N. are witnesses thereof If any therefore knoweth any thing which may doe him good let him come and make it knowne For this purpose one was appointed to stand at the doore of the Consistory with an handkerchiefe or linnen cloth in his hand that if any person should come for his defence hee at the doore swinged about his handkerchiefe vpon the sight whereof another standing in readinesse a pretie distance off with an horse hastened and called backe the condemned person yea if the malefactor had any farther plea for his owne purgation he might come backe foure or fiue times except he spake vainly for the discerning whereof two of those whom they termed Schollers of the wise men were sent with him to obserue his speech on the way Sixthly he was exhorted to confesse that he might haue his portion in the world to come Thus Ioshua exhorted Achan Iosh 7. 19. My sonne giue I pray thee glory vnto the Lord God of Israel and make confession vnto him vnto whom Achan answered Verse 20. Indeed I haue sinned against the Lord God of Israel and thus haue I done Seuenthly in the time of execution they gaue the malefactor h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Korat lebona beco◠schel iaijn Maimon in Sanhedrim cap. 13. It. Moses Kotsen in Sanhedr Granum thuris in calyce vini A graine of frankincense in a cup of wine this they did giue to cause a giddinesse in the condemned persons head that thereby hee might bee lesse sensible of the paine Saint Marke calleth this cup 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 wine mingled with myrrhe Marke 15. 23. This was done after the manner of the Iewes but the souldiers in mockerie mingled Vinegar and Gall with it Mat. 27. 34. As likewise they gaue him a second cup in derision when they tooke a Sponge and filled it with Vineger and put it on a reed Mat. 27. 48. Saint Marke in the first cup mentioneth the custome of the Iewes which in it selfe had some shew of compassion for the ground of this custome was taken from that Prou. 31. 6. Giue strong drinke vnto him that is ready to perish Saint Matthew mentioneth onely their wicked mixture contrary to the receiued custome so that one Euangelist must expound the other This first cup was so vsually giuen before execution that the word Calyx a Cup is sometimes in Scripture put for death it selfe Father if it may bee let this Cup passe from me Lastly i Casaubon exercit pag. 654. ex Maimonid the tree whereon a man was hanged and the stone wherewith he was stoned and the sword wherewith hee was beheaded and the napkin wherewith hee was strangled they were all buried that there might bee no euill memoriall of such a one to say This is the tree this is the sword this the stone this the napkin whereon or wherewith such a one was executed CHAP. VII Their capitall punishments THe Iewes of old had onely a Paraphrast Chald. Ruth 1. 17. Mikkotsi fol. 188. col 3. foure sorts of death in vse amongst them 1. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sekila Lapidatio Lapidatio stoning 2. c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sheripha combustio Combustio burning 3. d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hereg Decollatio Decollatio beheading 4. e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chenek Suffocatio Suffocatio strangling Of these stoning was counted the most grieuous burning worse then beheading
〈◊〉 〈◊〉 〈◊〉 〈◊〉 Luc. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mat. 14. apparent that the gesture of the Iewes was such as the Romanes vsed The table being placed in the middest round about the table were certaine beds sometimes two sometimes three sometimes more according to the number of the guests vpon these they laid downe in manner as followeth Each bed contained three persons sometimes foure seldome or neuer more If one lay vpon the bed then hee rested the vpper part of his body vpon his left elbow the lower part lying at length vpon the bed but if many lay on the bed then the vppermost did lie at the beds head laying his feet behind the seconds backe in like manner the third or fourth did lie each resting his head in the others bosome Thus Iohn leaned on Iesus bosome Ioh. 13. 23. This first is an argument of speciall loue towards him whom the Master of the house shall take into his owne bosome Iohn he was the beloued disciple Secondly an argument of parity amongst others resting in one anothers bosome Many shall come from the East and West and shall sit downe with Abraham and Isaack and Iacob Matth. 8. 11. And where shall they sit In Abrahams bosome Luke 16. 22. That is they shall all sit at the same table bee partakers of the same glory Thus Christ hee was in the bosome of his Father Iohn 1. 18. that is in the Apostles phrase He thought it no robbery to bee equall with his father Their tables were perfectly circular or round whence their manner of sitting was termed z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Discubitus cuius radix est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 circumiuit Ambiuit Mesibah a sitting round and their phrase of inuiting their guests to sit downe was sit round Wee will not sit round vntill he come hither 1 Sam. 16. 11. Againe Thy children shall be like oliue plants round about thy table Psalm 128. 3. This custome of lying along vpon a bed when they tooke their meat was also in vse in Ezekiels time Thou satest vpon a stately bed and a table prepared before it Ezek. 23. 41. a Philo. Iud. p. 388. And whether this were the custome of the ancient Hebrewes I leaue to bee discussed by others But vnto this also doth Amos allude They lay themselues downe vpon cloaths laid to pledge by euery Altar Amos 2. 8. That is the b Vetustissimus mos erat super lanatis pellibus discumbere Qui poterat pelles addere diues erat Ouid. garments taken to pledge they vse in stead of beds when at their Altars they eat things sacrificed to Idolls Yea the plucking off their shooes when they went to table implieth this custome of lying at the table to haue beene very ancient The plucking off their shooes seemeth to haue beene generally receiued when they were in Egypt for this cause is it that they had a strict charge in eating the Passeouer to haue their shooes on their feet for greater expedition The reason why they vsually pluckt them off was for the cleane keeping of their beds on which they lay Here seeing the rule of obseruing the Passeouer requireth that it should be eaten with their shooes on their feet which argueth rather standing than lying vpon a bed it may be demanded whether Christ transgressed not against the first institution thereof in the manner of his sitting at the table Tremelius answereth thus and in my minde fully c Tremel in Matt. 26. 20. We must know saith he that Exod. 12. it was commanded after what manner they ready to depart out of Egypt should eat the Passeouer at that time for the necessity of that time so required namely an hastie eating thereof But afterward in the law where it is commanded that this ceremonie of the Paschal should be renued euery yeare those words are not added Wherefore all the Hebrew Doctors both ancient and moderne doe teach with one ioynt consent that the commandement of sprinkling the doore-posts with bloud of hauing on their shooes of girding their loines of taking staues in their hands and eating the Lambe in haste did not extend it selfe to the generations following but onely to haue concerned that very night wherein they departed out of Egypt d Talmud tract de Paschate vid. Tremel loco superius citato Yea it was an ancient tradition amongst them that when they did in after times eat the Passeouer they would sit downe or leane vpon a bed as our Sauiour and his Disciples did in token of their deliuerance obtained The parties that gaue entertainment at their feasts were two 1. e Vid. Casaubon exercit p. 274. the master of the house 2. the master of the feast They differed thus the master of the house was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Baal habeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pater familias The master of the feast was termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Baal mischte 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Triclinij Praefectus The master of the feast was the chiefe seruant attending the master of the house in time of the feast Others adde a g Gaudentius Erixtanus vid. Casauban ibid. third sort whom they would haue to be Praefectimorum in Greeke they were termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Their office was thought to haue beene the inspection of the guests that none should disorder themselues by drinking too much whence they were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the eies of the feast Such kinde of officers were in vse in Ahasuerosh his court Ester 1. 8. and likewise amongst the h Athenaeus l. 10. Athenians but whether any such belonged vnto the Iewes is iustly doubted The ancient Iewes they were both hospitall ready to entertaine and also liberall in their entertainment their hospitality is commended throughout the Scripture though now it be growne out of vse amongst them as appeareth by that prouerbiall speech concerning the entertainment of a friend i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hospes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Onus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Profugus Buxtorf Synag cap. 32. p. 493. That the first day he is Oreach a guest the second Toreach a burden the third Bariach a runnagate Their liberality appeared by remembring the poore at their feasts by sending them portions Send portions vnto them for whom nothing is prepared Nehem. 8. 10. This was afterward practised by Heathens who in their solemne feasts did not onely entertaine their guests for the present k Moris erat veteribus in conuiuijs 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mittere absentibus amicis Theophrastus cap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Idem testatur Plut. in Agesilao 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eundem morem Iudaeis in vsu fuisse testantur sacrae literae Nehem. 8. 10. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but did also allow them certaine iunkets to carry away with them These they termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and likewise vnto their friends who were absent they sent portions which they termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉
weeke that is Munday not before the fifteenth houre and the 589. moment the feast of the new Moone was translated vnto Tuesday How both the Lunary and the Politicke translation worke in this change reade Scaliger de emend lib. 2. p. 87. Double translation is when the feast is translated not to the next but to some farther day as if the first day of the moneth Tisri should happen vpon Saturday here if the Moone hath not ouerpast her coniunction before the afternoone Lunary translation remooueth this feast till Sunday because of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the eighteene houres Politicke translation remooueth it till Munday as appeareth by the rule Adu forbidding Sunday Of this sort is Gatrad 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gatrad is a made word each letter is a numerall and it may bee thus resolued 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 9. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 204. The meaning thereof is thus In their common yeare when an whole moneth is not inserted if the point of the change happen vpon the third day of the weeke that is Tuesday not before the ninth houre and the 204. moment of an houre then the new Moone shall be translated to Thursday Note in the last place k Munster Calend p. 45. that 1080. moments make an houre The feast of Tabernacles was obserued in the moneth Tisri and therefore that could not be obserued the morrow after the Sabbath as appeareth by the rule Adu The Passeouer was obserued in the moneth Nisan and therefore that might be obserued the morrow after the Sabbath as appeareth by the rule Badu If any aske the reason why the Passeouer might bee obserued the next day after the Sabbath seeing the feast of Tabernacles might not I take it to be thus All the after translations depended vpon the first translation of the first new Moone in Tisri but that could not bee so changed as to preuent all concurrence of two feasts and thus to haue their Passeouer sometimes to follow their Sabbath they thought the most conuenientest ordering of the yeare because though not all meetings of two Sabbaths yet most were hereby preuented This tract of translation of feasts it serueth partly to open the customes of the Iewes partly to giue light for the vnderstanding of that great dispute among Diuines whether our Sauiour did anticipate the Passeouer The Greeke Church l Epiphan l. 2. Tom. 1. cap. 51. p. 147. holds that he kept a Passeouer by himselfe with his Disciples on the thirteenth day of the month when vnleauened bread was not yet to bee vsed and hence they doe both vse and vrge a necessitie m Vsum fermentati panis in coena Dominica Ecclesia Romana olim non damnauit Casaubon exercit 16. p. 465. of leauened bread in the Lords Supper But this opinion we reiect First because it accordeth not with the truth of Euangelicall historie Secondly because it plainly maketh Christ to be a transgressor not a fulfiller of the Law n Munster in Matt. c. 26. Others say that because that yeere their Passeouer fell on Friday hence the feast was translated vnto Saturday by the rule Badu Their inference is that Christ kept the fourteenth day of the month which was Friday and the Iewes kept Saturday Hee kept Gods command they the tradition of their Elders o Ioseph Scaliger de emend temp lib. 6. p. 266. Lastly others more probably hold that both Christ and the Iewes did eat the Passeouer the same day and houre namely on Friday or the fourteenth day of the month if wee count the beginning of Friday according to the manner of the Iewes from six a clocke at night on Thursday Friday morning hee was iudged and crucified and in the after-noone about three of the clocke when the preparation of the Sabbath began hee was buried There layed they Iesus because of the Iewes preparation Ioh. 19. 24. For reconciling the Euangelists in this point we must note these particulars which are more at large proued in the chapter of the Passeouer 1. The fourteenth day of the month on which the Paschall Lambe was eaten was called the first day of vnleauened bread the feast of vnleauened bread drew neere which is called the Passeouer Luke 22. 1. The fourteenth day was not holy but the fifteenth was In the fourteenth day of the first month is the Passeouer of the Lord and in the fifteenth day of this month is the feast Numb 28. 16 17. Some of them thought because Iudas had the bag that Iesus had said vnto him Buy those things that we haue need of against the feast Ioh. 13. 29. The sheepe and bullocks offered vpon this day are called the Passeouer Deut. 16. 2. And of this we are to vnderstand St. Iohn 18. 28. They themselues went not into the common hall lest they should be defiled but that they might eat the Passeouer So that this eating of the Passeouer is not vnderstood of the Paschall Lambe But some may question how they should haue beene defiled by entring into the common hall The answer is that vpon p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Moses ben Maâ—mon lib. vlt. Iad c. Sanedrin §. 11. Holy day eues which they terme dayes of preparation they held it vnlawfull for their Iudges to sit on life and death Hence it is that they brought Iesus to Pilat the Roman Deputie Secondly they withdrew themselues out of the common hall Thirdly for this reason they said It is not lawfull for vs to put any man to death Ioh. 18. 31. q August Tract 114. in Ioann Ita hunc locum exponunt etiam Cyrill lib. 12. in Ioan. cap. 6. Chrysostom homil 82. in Ioan. Beda in cap. 18. Ioan. that is vpon this or such like day for though their high Court of Sanedriâ—â— were put downe at this time yet all power in cases of life and death was not taken from them as is implied in the words following It was that the word of Iesus might be fulfilled which hee spake signifying what death hee should die vers 32. Which text intimateth that that vnlawfulnesse was vrged by the speciall prouidence of God that he might be crucified being iudged by Pilat for if the Iewes had iudged they vsed no such kinde of death towards malefactors Againe Steuen was condemned by them to be stoned Acts 7. And they complained before Felix that when they were about to proceed against Paul according to their owne Law the chiefe Captaine Lysias with violence tooke him out of their hands Acts 24. Which argueth that all power in causes capitall was not taken from them But of this see the Chapter of their capitall punishments CHAP. VIII The feast of Expiation VPon the tenth day of the month Tisri answering to September with vs the feast of Expiation was commanded to be celebrated Leuit. 13. It was called the feast of Expiation because the High Priest did then confesse vnto God both his owne sinnes and
he saith Blessed be the Lord our God the King of the world who hath created man after his owne image according to the image of his owne likenesse and hath thereby prepared vnto himselfe an euerlasting building blessed be thou O Lord who hast created him Then followeth againe Blessed art thou O Lord our God who hast created ioy and gladnesse the bridegroome and the bride charity and brotherly loue reioycing and pleasure peace and society I beseech thee O Lord let there suddenly be heard in the cities of Iudah and the streets of Ierusalem the voice of ioy and gladnesse the voice of the bridegroome the bride the voice of exultation in the bride-chamber is sweeter than any feast and children sweeter than the sweetnesse of a song and this being ended he drinketh to the maried couple This custome of praising God at such times was not needlesse or superfluous for the fruit of the wombe was expected as a speciall blessing from God and so acknowledged by them in that saying That foure keies were in the hand of him who was the Lord of the whole world which were committed neither to Angell nor Seraphim Namely o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Targum Hierosol Gen. 30. 21. Clauis pluuiae clauis cibationis clauis sepulchrorum clauis sterilitatis Concerning the key of raine thus speaketh the Scripture The Lord will open to thee his good treasure Deut. 28. Concerning the key of food Thou openest thy hands Psalm 145. Concerning the key of the graue When I shall open your sepulchers Ezek. 37. Concerning the key of barrennesse God remembred Rachel and opened her wombe Gen. 30. Whereby is intimated that these foure things God hath reserued in his owne hand and custody Namely Raine Food the Raising of our bodies and the Procreation of children The time of the mariage feast appeareth cleerely to haue beene vsually p Vid. Thisbit in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seuen daies Sampson continued his feast seuen daies Iud. 14. 10 11. And of this seuen daies feast q Augustin quaest super Genes 88. Diuines doe vnderstand that speech of Labans vnto Iacob concerning Leah Fulfill her weeke and we will also giue thee this Gen. 29. 27. In which speech it is thought that Laban did desire Iacob not to reiect and turne away Leah but to confirme the present mariage by fulfilling the vsuall daies of her mariage feast From this custome together with the practise of Ioseph mourning seuen daies for his father Gen. 50. 10. arose that vsuall prouerbe among the Iewes Septem ad conuiuium Septem ad luctum The chiefe gouernour of the feast was called r 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Baal mischie which name is fitly expressed by being called the Å¿ 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ruler of the feast Iohn 2. 9. The moderne Iewes in Italy when they inuite any to a mariage feast vse this forme of words Such a one or such a one intreateth you to credit his daughters mariage with your presence at the feast c. Then he which is inuited replieth t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Stakius de conuin l. 2. c. 3. Mazal tob which some interpret to be the wishing of good lucke in generall but I rather thinke that hereby was wished to the maried parties a speciall blessing in the procreation of children whence the wedding ring giuen vnto the Bridewife had u Munster Gen. 30. this inscription or posie Mazal tob and the Hebrews call the Planet Iupiter Mazal whose influence they thought to be of great efficacie and force for generation but in truth Mazal signifieth any other Planet or Starre in the heauen according to that Hebrew prouerb x Non est tibi vlla herba inferites cui non sit Mazal in firmamento ferit ipsam 〈◊〉 Mazal duit ei Crâ—sce There is no herbe in the earth which hath not a Mazal or Starre in the firmament answering it and striking it saying Grow Now tob signifieth good so that the phrase soundeth as much as Be it done in a good houre or vnder a good Planet At the time of the mariage also the man gaue his wife a dowrie-bill which the Scriuener wrote and the bridegroome paid for whereby he endowed his spouse if shee were a virgin with two hundred deneyrs that is fifty shekels and if she had beene maried before with an hundred deniers that is twenty fiue shekels and this was called the root or principall of the dowry the dowry might not be lesse but more so much as he would though it were to a talent of gold There is mention of a contract betweene Tobias and Sarra and that was performed not by a Scriuener but by Raguel the womans father where wee may obserue that before the writing of this bill there was a giuing of the woman vnto her husband The forme of words there vsed is Behold take her after the law of Moses Tobit 7. 14. A copie of this dowry-bill is taken by Bertram out of the Babylon Talmud The words thereof are thus y Talmud Bab. vid. Buxtorf Grammatic Chald. p. 389. Vpon the sixt day of the weeke the fourth of the moneth Siuan in the yeere fiue thousand two hundred fiftie foure of the creation of the world according to the computation which we vse here at Massilia a Citie which is situate neere the Seashoare the bridegroome Rabbi Moses the sonne of Rabbi Iehuda said vnto the bridewife Clarona the daughter of Rabbi Dauid the sonne of Rabbi Moses a Citizen of Lisbon Be vnto me a wife according to the law of Moses and Israel and I according to the word of God will worship honor maintain gouerne thee according to the manner of the husbands among the Iewes which doe worship honour maintaine and gouerne their wiues faithfully I also doe bestow vpon thee the dowry of thy virginity two hundred deniers in siluer which belong vnto thee by the law and moreouer thy food thy apparell and sufficient necessaries as likewise the knowledge of thee according to the custome of all the earth Thus Clarona the virgin rested and became a wife to Rabbi Moses the sonne of Iehuda the bridegroome After the mariage was finished then the wife might challenge from her husband three things as debt 1. Food 2. Apparell 3. Cohabitation or the right of the bed which they note from Exod. 21. 10. where it is said If hee take him another wife her food her raiment and her dutie of mariage shall he not diminish And vnto this the Apostle alludeth calling it Due beneuolence 1 Cor. 7. 3. The wife when she was first presented vnto her husband couered her head with a veile in token of subiection Rebecca tooke a veile and couered her selfe Gen. 24. 65. and for this cause namely in signe of subiection ought the woman to haue power on her head 1 Cor. 11. 10. where by power the Apostle vnderstandeth a veile Doe any aske the question why hee should denote this
veile by the name of power especially seeing it was in token of subiection The Apostle being an Hebrew of the Hebrewes might haue respect vnto the Hebrew word z 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Velamen multeris a verbo 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Subiecit Radid signifying a veile which commeth from the root Radad to beare rule and authority and so might vse the Greeke word signifying a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 power in the same sense as the Hebrews did And in truth what was this subiection to the husband but a kinde of power and protection deriued vnto the wife in comparison of her former state being a virgin and therefore in case her husband was â—ealous of her amongst other tokens of sorrow shee was commanded to stand at her triall with her b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sine Radid 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sic ego interpretor verba Maimon in Sota c. 3. §. 5. head vncouered Numb 5. 18. intimating thereby that if shee could not then cleere her selfe she was from thence forward depriued of all power which heretofore she enioyed by the meanes of her husband After the mariage was finished sometimes there was permitted a bill of diuorce this the Hebrewes called c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gracè 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Sepher Kerithuth A bill of cutting off because the woman is by this meanes cut off from her husbands family d Maimon de diuort c. 1. §. 1. Ten things were thought requisite as the root and foundation of a diuorce 1. That a man put her not away but of his owne will 2. That hee put her away by writing not by any other thing 3. That the matter of the writing be to diuorce her and put her away out of her possession 4. That the matter of that diuorcement be betweene him and her 5. That it be written by her name 6. That there be no action wanting after the writing thereof saue the deliuery of it vnto her 7. That he giue it vnto her 8. That he giue it her before witnesses 9. That hee giue it her by the Law of diuorces 10. That it bee the husband or his deputy that deliuereth it vnto her The forme or copy of this bill of diuorcement was as it followeth e e Haec forma reperitur opud Mosem Kotsensem fo 1. 33. Aliud exemplar ibidem habetur It. in Mose Aegyptio part 2. fol. 59. vnde desumpta est haec testium subscriptio quam apposuimus vpon such a day of the weeke such and such of the moneth N. such or such an yeare of the creation of the world according to the computation which we vse here in this Citie N. situate neere the riuer N. that I of the Country N. the sonne of Rabbi N. of the Country N. But now I dwelling in such or such a place neere such or such a riuer haue desired of mine owne free will without any coaction and haue diuorced dismissed and cast out thee thee I say thee my wife N. of the Country N. the daughter of Rabby N. dwelling in such or such a Country and dwelling now in such or such a place situate neere such or such a riuer which hast beene my wife heretofore but now I doe diuorce thee dismisse thee and cast thee out that thou maiest be free and haue the rule of thy selfe to depart and to marry with any other man whom thou wilt and let no man be refused by thee for mee from this day forward for euer Thus be thou lawfull for any man and this shall be to thee from me a bill of separation a bill of diuorce and a letter of dismission According to the Law of Moses and Israel N. the sonne of N. witnesse N. the sonne of N. witnesse This bill was written by a f Solomon Iarchi Hos cap. 1. 10. Scriuener or publique notary And g Maimon de diuort cap. 11. §. 18. furthermore a woman being diuorced or otherwise a widow it was not lawfull for her to marry againe till shee had taried ninetie dayes besides the day of her diuorce or of her husbands death and her last espousals to the end that it might bee knowne whether she were with childe or no and that there might be proofe whether it were the seed of her first husband or of her second It was a common custome among the Romans about the time of our Sauiours birth euen for the women to diuorce their husbands and to marrie againe at their pleasure Of this Heathen Authors speake Sic fiunt octo mariti Quinque per autumnos Iuuenal Satyr 6. vers 230. Et nubet decimoiam Thelesina viro Martial lib. 8. h Senec. 3. de Ben f. 16. Non consulum sed maritorum numero annos suâ—s computant c. The bill tenderd by the woman was termed i Plutarch in Alcibiade 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Letters of forsaking not letters of cutting off or putting away This same practise was in vse also among the Hebrews Hence is that saying of our Sauiour If a woman shall put away her husband and bee married to another c. Mark 10. 12. Now although at that time humane lawes forbad not mariages renewed with others vpon such diuorces yet Gods law condemned both such diuorces and such mariages and before God persons marying after such diuorcements were reputed digamites that is to haue two husbands or two wiues For this reason a Minister aboue others is commanded to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The husband of one wife 1 Tim. 3. 2. And the woman she is commanded to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The wife of one husband 1 Tim. 5. 9. In which texts second mariages in case of the husbands or wiues death are no more forbidden then the Poet forbade them in the like phrase Vnico gaudens mulier marito Horat carmin 3. 14. Note in the last place that among the Iewes the bridewoman also brought a dowrie to her husband it was sometimes more sometimes lesse it was called by the k Elias Thiâ—bit It. Solomon Iarchi Gen. 31. 15. Rabbins 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Nedunia Raguel gaue with his daughter Sarra halfe his goods seruants and cattell and money Tob. 10. 10. CHAP. V. Of their Burials AT the time of a mans death before his buriall many ceremonies were obserued First the next of the kinne closed the eyes of the deceased body Ioseph shall put his hands vpon thy eyes Gen. 46. 4. This was likewise practised both by the Romans and the Grecians Ille meos oculos comprimat ille tuos Ouid. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer Iliad II. Secondly they washed the body being dead Tabitha died and when they had washed her they laid her vp in an vpper chamber Acts 9. 37. The Baptization or washing at such a time was threefold The first was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Eccles 34. 26. A washing from the pollution contracted by the touch of a dead carcasse so that