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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
law_n	moral_a	nature_n	positive_a	4,914	5	10.3383	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
B16297	An explication of the iudiciall lawes of Moses. Plainely discovering divers of their ancient rites and customes. As in their governours, government, synedrion, punishments, civill accompts, contracts, marriages, warres, and burialls. Also their oeconomicks, (vizt.) their dwellings, feasting, clothing, and husbandrie. Together with two treatises, the one shewing the different estate of the godly and wicked in this life, and in the life to come. The other, declaring how the wicked may be inlightned by the preaching of the gospel, and yet become worse after they be illuminated. All which are cleered out of the originall languages, and doe serue as a speciall helpe for the true understanding of divers difficult texts of scriptures. ... / By Iohn Weemse, of Lathocker in Scotland, preacher of Gods word.	Weemes, John, 1579?-1636.	1632 (1632)	STC 25214; ESTC S112662	170,898	257

the seede should not be his therefore the Lord slew him Gen. 38. 9. 10. But God expresly forbad in his Law that a man should lie with his wives sister and by the same Law it Object is forbidden that a man should lie with his brothers wife this might seeme to bee incest and confusion God indeed forbad in his law that a man should lie Answ with his brothers wife God hath many exceptions from his owne Law but God who gaue that law hath given this law also And as the Iewes say qui observare jussit Sabbatum is etiam jussit profanare Sabbatum So the Lord who forbad a man to lie with his brothers wife hath reserved this priviledge to himselfe to make an exceptiō from the law The Lord commanded in his Law Deut 24. 4. If a man put away his wife and shee goe from him and become another mans wife he may not take her againe to wife yet the Lord tooke his Church againe Ier. 3. 1. he hath reserved sundry priviledges to himselfe and exceptions from the Law Secondly we must distinguish here betwixt these Morale positivum Div●●um positivum lawes which are morall positiue lawes and these which are divine positiue lawes Morall positiue lawes are such We must distinguish betwixt the morall positiue part of the Law and the divine positiu● part which the very light of nature commaundeth Divine positiue lawes are these which are accessory commaundements added to the first Example This is a morall positiue law that a man should not lie with his mother no● with his mother in-law for this is a fornication that is not named amongst the Gentils 1 Cor. 5. 1. And it was for this sort of incest that the Cananites were cast out of Canaan So this is primarium jus naturae or morale positivum that a man should not lie with his daughter nor his daughters daughter descendendo descending downward But this againe is divinum positivum or secundariū What is prim●rium and what is secundarium ius naturae jus naturae in the collaterall line that a man should not lie with his sister or his brothers wife no marriage in the collaterall line was forbidden at the first by the law of nature or morall positiue law but it was forbidden afterwards by the divine positiue law Levit. 18. 16. When Iuda lay with his daughter in-law this was incest in the highest degree because it was contrary to jus naturale or morale positivum So when the Corinthian lay with his mother in-law it was against morale positivum or jus naturale But when Amram married Iochabed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Amita it should not be translated Pat●●●lis his cousin-german but his fathers sister See Num. 26. 59. his fathers sister Exod. 6. 20. this was not against the morall positiue or naturall part of the Law because it was not in the right line but in the collaterall although in the neerest degree it was against the divine positiue law And for to replenish his Church with people God ov●rsaw this sort of marriage at the first But God doth more here he commandeth the brother to raise up seed to his brother First this is not contra primarium jus naturae because it was not in the right line Secondly it is an exception from secundarium jus naturae for when God willed them to doe this he willed them not to doe this to satisfie lust for that was contrary to primarium jus naturae but onely that the elder brother might bee a type of Iesus Christ who should neuer want a seed in his Church If a woman were barren the Lord could not command another man to goe in unto her and beget children upon her for that were contra primarium jus naturae the Lord will not suffer now that a brother should marrie a sister as he did in the beginning of the world neither if a brother now should marrie his eldest brothers wife were it lawfull for now the eldest brother is not a type of Christ and it should not bee an exception from the Law but contra secundarium jus naturae The conclusion of this is God who giveth the Law Conclusion maketh not a Law to himselfe but he hath reserved to himselfe exception from the Law when and where it pleaseth him CHAPTER XXXV Of their prisons and places of punishment GEN. 39. 20. And Iosephs Master tooke him and put him into the prison a place where the Kings prisoners were bound THey had sundry sorts of Prisons first they had Of their place of punishment Warding as Shimei was confined not to come over the brooke Kedron and Abiather in Anathoth and he who killed casually was confined in the Three sorts of Prisons among the Iewes Citie of Refuge this was a free sort of Prison at the first Carcer non erat pars paenae the Prison was not a part of the punishment Secondly they had another sort of Prison in which they were more restrained than in the Ward they were kept in Prison but others had accesse to them as when Iohn was in Prison his Disciples had accesse to him so Paul was in bonds but yet he begot Onesimus in his bonds Phil. 1. Thirdly they had a more straite Prison called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Custodia a close Prison And fourthly they had a deepe or a low pit the Greekes called it Barathrum in Athens and at Rome it was called Tullianum such was that Prison in which Ieremie was let downe with cords in a Dungeon where was no water but myre Iere. 38. 6. And Zacharie alludeth Allusion to this Zach. 9. 11. As for thee also by the bloud of thy Covenant I haue sent forth thy Prisoners out of the Pit wherein is no water There were some Prisons within the Citie of Ierusalem See Nehem. 3. 25. and some without the Citie within the Citie as the house of Ionathan which was neere the Kings Palace Some Prisons within and some without the walles of Ierusalem Iere. 37. 15. So the Dungeon of Malchior the son of Hammelech Iere. 38. 6. So they had Prisons without the gate as that Prison wherein Peter was put Act. 12. 10. And when they had passed the first and the second Ward that is the quaternions of Souldiers that kept him they came unto the yron gate that leadeth unto the Citie this Prison was without the gate neare Mount Calvarie and it was the loathsomest and vilest Prison of all for in it the theeues who were carried to Calvarie to be executed were kept And Christ alludeth to this Prison Allusion Mat. 25. 30. Cast him into utter darkenesse where there shall be weeping and wailing and gnashing of teeth which Allusion could not be understood unlesse there had beene a darke Prison without the Citie where was utter darkenesse Now let us compare Ezechiels Ward Cap. 4. Ieremies A difference betwixt three sorts of Prisons Prisons Iere. 37. and 38. and

guide to them to shew them the particular places and wayes in the Wildernesse as the Cloud and the pillar were their guide to direct them to Canaan So humane Determinations and Lawes are but guides in particular circumstances Humane Lawes they command they forbid and A comparison betwixt Humane Lawes and Moses Iudiciall Lawes sometimes they permit and lastly they punish so yee shall see all these foure in Moses Iudiciall Law First his Iudiciall Lawes doe command but they command the outward man onely and here Moses speaketh to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ignea lex them but as a Iudge and they differ from that fierie Law the morall Law that searcheth and peirceth into the heart Deut. 33. 2. Secondly Humane Lawes doe prohibite and forbid so doe these Iudiciall Lawes and there are moe of them which are Negatiues than Affirmatiues to shew us the perverse nature of man Thirdly Humane Lawes giue way and permit something Why Moses Iudiciall Lawes permit many things for the eschewing of greater evill so doth Moses Iudiciall Law Levit. 27. 10. When a man offered a Beast vnto the Lord which he had vowed he might not change a good for a bad or a bad for a good this was commanded onely for eschewing of greater evill for if it had beene lawfull to change once a good in place of a bad one then they would haue come quickly to this to haue changed a bad for a good So this Law permitted divorcement for the hardnesse of the peoples hearts and for the eschewing of greater inconvenience least hard-hearted men should haue killed their wiues Fourthly the punishments inflicted by humane lawes The punishments of the Iudiciall Law alterable are alterable so were the punishments in Moses Iudiciall Law therefore the Iewes say of them ascendunt descendunt which they vnderstand not of the greatest and highest transgressions but praecepta media their middle Precepts did forbid Example Ex. 22. If a man kept a pushing Oxe knowing that he were wont to push if he kill a man then the Law ordaineth that the man shall die or else to redeeme himselfe with a summe of money here the Law ascended or descended but if a man had wilfully killed a man that was praeceptum grave the punishment neither ascended nor descended but he was to die the death The Scripture compareth the morall Law to a prison Gal. 3. 22. the Ceremoniall Law to a second Ward and these Iudiciall Lawes to a Iailor to keepe the transgressors in close prison that none of them breake out CHAPTER 1. That Kingly Government is the best Government IVDG 17. 6. In those dayes there was no King in Israel but every man did that which was good in his owne eyes IN government there are fiue things to be considered first potestas secondly ordo thirdly modus fourthly titulus and fiftly vsus First there must be a power to exercise government Fiue things in Government secondly order that some command and some obey some to be superiors and some to be inferiors thirdly the manner whether the governement be Monarchicall by one or Aristocraticall by moe fourthly the title whether it be by Succession or Election and last the vse how they exercise this Authoritie That there should be a power and order in Government What things essentiall and what accidentall in Government these two are essentiall in all Governments no Government can stand without these two but the manner whether it be by one or by moe and the title whether it be by Succession or Election and the vse whether they governe well or not these three are but accidentall in Government Of these two sorts of Government Monarchicall is Monarchicall the best Government the best Levi ben Gerson vpon the 1 Sam. 8. holdeth that Aristocraticall Their reasons who hold Aristocraticall Government to be the best Government is best and to be preferred to Kingly Government learne saith he what hath befallen us under the hand of Kings David caused the plague to come upon the people 2 Sam. 24. 15. Ahab restrained the raine for three yeeres 1 King 17. and Zedekiah caused the Sanctuary to be burnt 2 Chro. 36. 14. and the Iewes apply that saying of Hos●a I gaue them a King in mine anger and tooke him away in my wrath Hos 13. 11. That is I gaue them their first King Saul in mine anger and I tooke away their last King Zedekiah in my indignation But the Iewes distinguish not well here betwixt Wee must distinguish betwixt the parts of a Kings person and the faults of the Office the faults of a Kings person the calling it selfe good Kings did many excellent things amongst them for David a man according to Gods owne heart fought the battels of the Lord 1 Sam. 25. 28. appointed the order Kings haue beene the Instruments of much good of the Priests and Levites and Singers 1 Chro. 24. and 25. He made many Psalmes to the prayse of God And Salomon who succeeded him built the Temple wrote many excellent Proverbs and Parables 1 King 4. 32. And kept peace in Israel that every man might dwell safely vnder his owne Vine-tree and vnder his Figge-tree 1 King 4. 25. Now that Monarchicall Government is the best government Reasons prooving Monarchicall government to be the best it is proved thus Kingly or Monarchicall Government resembleth Gods government most Reason 1 which is Monarchicall so it resembleth Christs government most in the Church Kingly government is the fittest government to represse Reason 2 sinne for when there was no King in Israel every man did that which he pleased Micah set up an Idol Kingly government fittest to represse sinne Iudg. 18. and they defiled the Levites Concubine because there was no King in Israel By King here is not meant any other sort of government but Kingly government as is evident Iudg. 18. 17. There was no Magistrate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 haeres interdicti a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hereditare vel possidens regnum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 possi●ere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 regnum then but in the originall it is there was no heire of restraint then to put them to shame Ioresh gnetzer which may be interpreted either haeres interdicti or possidens regnum there was none to possesse the Kingdome or there was not an heire of restraint Here two things are to be observed first that that is the best governement which restraineth sinne most secondly that that government which is by an heire of restraint is fittest to represse sinne but the governement Monarchicall is such and not Aristocraticall for it commeth not per haeredem but onely by Election Obserue what GOD himselfe saith to his people Deut. 17. 20. that he may prolong his dayes in his Kingdome he and his children in the midst of Israel Here the Kingdome goeth by succession and not by election here was an heire of restraint to represse sinne

oyle 18. Oliue tree an excellent sort of wood 9. P Passion things done in passion and deliberately 77. Peace to be offered to the enemies 166. three conditions of peace ibid. Priest how anointed 18. how his anointing pertained to the Iudiciall Law ibid. he might not mourne for the dead 20. Precepts of three sorts amongst the Iewes 145. Affirmatiue binde not so strictly as negatiue 146. Prison three sorts of Prisons amongst the Iewes 131. some of their Prisons without and some within the gates of Ierusalem ibid. Ezechiels prison Ieremiahs prison and Peters prison compared together 135. three sorts of prisons 136. Proselytes of two sorts 44 when they might enter into the Congregation ibid Punishments of diuers sorts amongst the Iewes 138 Q Queenes in favour with Salomon 26. R Rahab what things objected against her 34. free of treason 35. saved although a Cananitish 36. a type of the Church Rahel why set downe as an example 127. Redeemer see Kinsman Retaliation twofold 143. Of the law of Retaliation ibid. the strict and milde sense of it 144. the Roman Law of Retaliation ibid. Righteousnes twofold 49. S Salomon how he came by his riches 23. his wiues 25. his Kingdome compared to the Moone 27. 28. his throne see throne Salomon compared with Christ 30. Arguments prooving his repentance 32. foure chiefe vertues in him 42. why he caused to kill Ioab Adoniah and Shimei ibid. his glorie compared with the Lillie 197. Sell the Iewes might sell their houses 56. but not their lands 50. the father might sell his Children 83. but not his wife ibid Seventie which Moses chose 65. they had the spirit of Moses ibid. they had not the gift of Prophecie by habit 66. Shepherds how they fed their flockes 194. Shoe pulling off of the shoe twofold 119. Shimei how guiltie of treason 41. Song see victorie Souldiers when they entred to the warres amongst the Iewes 152. Stoning a capitall punishment amongst the Iewes 151. who were stoned ibid Strangling who were strangled 152. Synedrion divided into fiue parts 62. where it sat ibid. What things judged in it 64. T Table how their Tables were covered 187. Of their divers sorts of Tables ibid. Tabernacle how it was placed in the Campe and at the removing of it 157. 163. Theft not capitall amongst the Iewes 145. 146. Throne Salomons throne 28. 29. it had Lyons on every side ibid. admonitions given upon every step of his Throne Tombs Kings and Prophets were buried in stately Tombes 174. Their Tombes had a marke of distinction 175. Trees a threefold use of the trees 8. Tribes how they pitched about the Tabernacle 151. 161. the feebler tribes had a couragious tribe ibid. Tribute threefold 51. V Vinetree a base sort of wood 9. Why it refused the Government ibid. Victorie the song of Victorie 167. who sung the song of Victorie 168. W Warres of two sorts 166. their names who returned were marked 150. when they went to the warres 156. their Generall 162 their marching 163. who were discharged from the warres 164. 165 how they comforted the Souldiers before they joyned battaile 167. their Colours 162. their Ensignes and Motto's ibid. what they did when they were at the shock of the battell 167. Whipping a punishment amongst the Iewes 138. the manner of their whipping 139. not whipt thrice for one fault ibid. it was not a disgrace amongst the Iewes 140. the spirituall use of it ibid Widow why called emptie and dumbe 81. Of the Prophets widow ibid. Oppression of the widow a grievous sinne 83. Witnesses the chiefe part in Iudgement depended on them 75. not to proceede without witnesses 76. a faithfull witnesse what ibid. Wiues not to be multiplied 26. the Iewes restraint in multiplying wiues ibid Y Yere divided into foure seasons 89. Leap-yeare what 101. AN EXPOSITION OF THE LAWES OF MOSES Viz. Morall Ceremoniall Iudiciall The second Volume Containing an explanation of diverse Questions and Positions for the right understanding thereof Wherein also are opened divers ancient Rites Customes of the Iewes and also of the Gentiles as they haue relation to the Iewish Together with an explication of sundry difficult Texts of Scripture which depend upon or belong unto every one of the Commandements as also upon the Ceremoniall and Iudiciall Lawes Which Texts are set downe in the Tables before each particular Booke All which are cleered out of the Originall Languages the Hebrew and Greeke and out of the distinctions of the Schoolemen and Cases of the Casuists 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Qui ista facit non d●movebitur in et●rn●m By IOHN WEEMSE of Lathocker in Scotland Preacher of Gods Word LONDON Printed by Iohn Dawson for Iohn Bellamie and are to be sold at his Shoppe at the signe of the three Golden Lyons is Cornehill neere the Royall Exchange 1632. AN EXPLICATION OF THE IVDICIALL LAWES OF MOSES As they are annexed to the Morall and Ceremoniall Lawes Of the Iudiciall Lawes in generall SALOMON the Preacher Eccles 4. 12. saith that a threefold Cord is not quickly broken The LORD gaue his people three sorts of Lawes as three Cords to binde them and to keepe them in obedience The first God gaue his Morall Iudiciall and Ceremoniall Law to his people as a threefold Cord. was his morall Law which was properly called his Law Deut. 6. 1. Secondly he gaue them his Ceremoniall Lawes which are called his Statutes and Decrees Exod. 12. 24. And thirdly his Iudgements which were the Iudiciall Lawes Mal. 4. 4. Deut. 24. 17. These Iudiciall Lawes were Determinations of the The Iudiciall Law what Morall Law A Determination is either Iuris divini or Humani these Determinations in Moses judiciall Lawes are divini Determinatio Iuris divini Iuris humani juris therefore they had greater force to binde the Iewes than any municipall Law hath to binde the Subjects now in respect they were given by God himselfe and these Lawes of men which draw nearest to them in equitie are most perfect although particularly they cannot be fitted to every Nation no more than a shooe of one measure can serue for every foote The second sort of Determination is Iuris humani when men determinate where there is no expresse commandement of God as concerning circumstances time places persons and such God commandeth in his law that they should pay their first fruits but he determineth not how much they should pay of their first fruits then the Priests come in with their humane determination that the most shall giue no more than one of fiftie and the least shall giue no lesse than one of sixtie When Simile the Israelites were travelling in the Wildernesse they had the Cloud to direct them by day and the pillar of fire to direct them by night yet they desired Iethro to be eyes to them Num. 10. 31. What neede had they of Iethro to be eyes to them seeing they had the Cloud by day and the pillar of fire by night Iethro was a

theft Affirmatiue commandements binde not so strictly How affirmatiue and negatiue Precepts bind as Negatiues doe this is a Negatiue yee shall not suffer a Witch to liue but this is an Affirmatiue that the theefe shall pay fourefold or fiue this Law had sundry exceptions and mitigations it might be extended or mitigated he was bound to pay fourefold but yet the Magistrate might haue mitigated this and taken but twofold from him and they might haue extended it further as Salomon extendeth it to sevenfold Proverb 6. 31. Ieshallem Shibhgnathaijm he shall pay sevenfold the Hebrewes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 double the duall number ten in the duall number VVhat the doubling of the duall nūber among the Hebrewes signifieth is twentie three is thirtie and foure is fortie but when they come to seaven here they double not The light of the Moone shall be as the light of the Sunne and the light of the Sunne shall be sevenfold then he addeth for explanation as the light of seven dayes Esa 30. 26. Here Shibhgnathaijm doubleth not in the duall number as in the former numbers but onely standeth for seven he shall pay Shibhgnathaijm that is seven for one VVhat the number seven signifieth some interpret it a definite number for an indefinite or he shall pay sevenfold that is as much as two for foure but it is not the manner of the Scriptures to take the number under seven for seven or he shall pay seven-fold that is much more then he tooke and the words following seeme to approue this interpretation he shall pay all the substance of his house And sometimes this punishment was extended to death as Davids sentence was that he should die the death because he tooke the poore mans onely sheepe Some answere that it was not for his theft that David gaue out sentence of death upon him but for his oppression and violent theft as if a man had come by night and had broken into a mans house and had stollen any thing then he might haue safely killed him by the Law and he was not to die for it but if he had come after the Sunne rose and had stolen any thing and the owner of the goods had killed him then he was to die for it But out of Davids answere we may obserue this that The person against whom the theft is committed aggravateth the sinne the person against whom the sinne is committed aggravateth the sinne as for a rich man to steale a poore mans sheepe so the time aggravateth the sinne if the theefe came in the night to steale then the owner of the goods might safely kill him because of his violent theft But it may be asked what is violent theft If a man steale to satisfie his hunger that is not violent theft but if a man steale who may get his living other wayes and liue upon the sweat of other mens browes or if he steale from one that hath small means to liue on or if he haue meanes to liue upon who stealeth this is judged violent theft and the Magistrate for this may put him to Tom. 1. 2. Municipall Lawes bind onely in the Countrey where they are made death Thomas observeth well that the Magistrate may adde to the judiciall Law of Moses according to the necessitie of the time and greatnesse of the offence and as the Municipall Lawes of other Countries oblige not men but in the Countrey where they are made so doth not Moses judiciall Law A Magistrate in Israel was bound when a malefactor was whipt not to giue him aboue fortie stripes this Law bindeth not the Magistrate now sed crescentibus delictis exasperantur paenae but the equitie of Moses judiciall Lawes bindeth all people this is the equitie of Moses Law that for violent theft a man should alwaies die and the Law judged that violent theft which is not for a mans necessitie to satisfie his life What if a poore man had but a little to saue his life Quest and another were in as great extremitie whether were this violent theft for him to take from the poore man in such a case No doubt it were therefore Christ sayth Answ ●hee that hath two coats let him giue his neigbour one How Christs words are to be understood in workes of charitie to wit in his necessitie but not he that hath one coat for then he was not bound to giue it It is alledged Prov. 6. 30. that the theife should pay seven-fold Object and not be put to death but the jealous husband will kill the adulterer This place proveth nothing it sheweth onely what Answ the jealous husband doth it sheweth not what he may doe And secondly for the theife it sheweth onely what was the usuall punishment amongst the Iewes by their judiciall Lawes to take seven fold but it sheweth not what may bee done by the positiue lawes of other Countries The conclusion of this is Now under the Gospell theft is a greater sinne then under the Law and the necessitie A difference betwixt that which is done and that which should bee done is greater amongst us generally then it was amongst them And thirdly that selling of men to make restitution for things taken by theft is not in use amongst us and therefore theeues may bee put to death CHAPTER XXXIX Of their proceeding in judgement before they executed the malefactor EZEK 9. 10. Goe through the midst of Ierusalem and set a marke upon the forehead of those that sigh c. THose who were appointed to be saved amongst the people of God he used to set a marke upon Those that were to bee saved the Lord caused to marke them them Exod. 12. When the Egyptians were to be destroyed the Lord commanded his people to sprinkle the bloud of the Paschall Lambe upon the lintels of their doores and from this as Epiphanius marketh the Lib. 1. cont har 18. Egyptians used at the Equinoxe in the Spring to take vermilion and to rubbe over all their trees and houses with it saying that at that time of the yeere the fire had almost burnt up all Egypt and therefore they use this as a signe in remembrance of their deliverance So the Lord commanded Ezekiel to set a marke upon those of Ierusalem that mourned whom he was minded to saue Ezek. 9. 4. But what was the reason that he set not a marke of Quest destruction upon them that were to be destroyed as he set upon these who were to be saved The reason was Answ because of the great number that was to be destroyed God did not marke those who were to be destroyed because of their great number in respect of the handfull that was to be saved for where there was one to be saved there was a hundred to be destroyed there were but seven thousand who bowed not their knee to Baall and of the great multitude that came out of Egypt onely two entred into the land