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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

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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
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