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A01814 Moses and Aaron Ciuil and ecclesiastical rites, vsed by the ancient Hebrewes; obserued, and at large opened, for the clearing of many obscure texts thorowout the whole Scripture. Herein likevvise is shewed what customes the Hebrewes borrowed from heathen people: and that many heathenish customes, originally haue beene vnwarrantable imitations of the Hebrewes. By Thomas Godwyn, B.D. Goodwin, Thomas, 1586 or 7-1642. 1625 (1625) STC 11951; ESTC S103106 195,098 343

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beheading worse then strangling and strangling was the easiest of all They haue a f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Omnis mors quae absolute in lege vsurpatur strangulatio est R. Solom Exod. 21. 16. rule that wheresoeuer the Scripture saith of an offendor Morte plectetur He shall be punisht with death not expressing the kinde of death there it ought to bee interpreted of strangling For example the Law saith of the Adulterer Leu. 20. 10. Morte plectitor Let him be punisht with death because the kinde of death is not here mentioned they interpret it strangling The reason of this rule is because strangling was the easiest death of the foure and where the Law determineth not the punishment there they say Ampliandi fauores The fauourablest exposition is to be giuen This rule is not generally true for in former times Adulterie was punisht with stoning I will iudge thee after the manner of them that are harlots saith the Lord Ezek. 16. 38. And in the fortieth verse the iudgement is named They shall stone thee with stones likewise the Scribes and Pharises said vnto Christ Moses in the Law commanded vs that such should bee stoned Iohn 8. 5. Before we treat in particular of these foure punishments it may bee questioned Whether the Iewes had any power to iudge of life and death at that time when they crucified our blessed Sauiour The Iewes said to Pilat It is not lawfull for vs to put any man to death Iohn 18. 31. Latter Iewes say that g Moses Kots in Sanhedrim all power of capitall punishments was taken from them fortie yeeres before the destruction of the second Temple and of this opinion are many Diuines Answer First the Iewes speech vnto Pilat that it was not lawfull for them to put any man to death cannot be vnderstood as if they should haue said we haue not power to put any man to death for admit that power in criminals were in the generall taken from them yet in this particular power was permitted them at that time from Pilat Take yee him and iudge him according to your Law Ioh. 18. 31. Neither can it be said that their Law could not condemne him if hee had beene a transgressour thereof or that they had not out of their Law to obiect against him for they say They had a Law and by their Law he ought to dye Iohn 19. 7. It was not then want of power but the holinesse of that time made them say it was vnlawfull For they held it vnlawfull vpon their dayes of preparation to sit on life and death as hath been shewene in the Chapter of translating feasts And Friday on which our Sauiour was condemned was the preparation of their Sabbath Secondly in the question Whether power of iudging capitall crimes were taken from them by the Romans Wee are to distinguish betweene crimes Some crimes were transgressions of the Roman law as theft murder robberies c. power of iudging in these was taken from them other crimes were transgressions onely against the law of Moses as blasphemy and the like in these power of iudging seemeth to haue remained with them When Paul was brought by the Iewes before Gallio Gallio said vnto them If it were a matter of wrong or wicked lewdnesse O yee Iewes reason would that I should beare with you but if it be a question of words and names of your Law looke yee to it Acts 18. 14. In handling these foure punishments first obserue the offendors whom the Iewes make liable to each punishment and then the manner of the punishment The persons to bee stoned were h Moses Kotsens●● fol. 188. col 4. eighteene 1. He that lieth with his owne mother 2. Or with his fathers wife 3. Or with his daughter in law 4. Or with a betrothed maid 5. Or with the male 6. Or with the beast 7. The woman that lieth down to a beast 8. The blasphemer 9. He that worshippeth an Idoll 10. Hee that offereth of his seed to Moloch 11. He that hath a familiar spirit 12. The wisard 13. The priuat intiser to idolatry 14. The publique withdrawer to idolatrie 15. The witch 16. The prophaner of the Sabbath 17. He that curseth his father or his mother 18. The rebellious sonne The manner of stoning was thus The offender was led to a place without the gates two cubits high his hands being bound from hence one of the witnesses tumbled him by a stroke vpon the loynes if that killed him not the witnesses lifted vp a stone being the weight of two men which chiefly the other witnesse cast vpon him if that killed him not all Israel threw stones vpon him The hands of the witnesses shall bee first vpon him to put him to death and afterwards the hands of all the people Deut. 17. 7. Hence the opinion of i Paul Fagius Deut. 17. 7. R. Akiba is commonly receiued that such an idolater it holdeth in all others condemned to this death was reserued vntill one of the common feasts at which all the multitude of Israel came to Ierusalem The partie thus executed being quite dead was afterward for greater ignominy hanged on a tree till towards the Sunne set at which time he and the tree were both buried Malefactors adiudged to burning were k Moses Kotsens loco superius citato ten 1. The Priests daughter which committed whoredome 2. Hee which lieth with his owne daughter 3. Or with his daughters daughter 4. Or with his sonnes daughter 5. Or with his wiues daughter 6. Or with her sonnes daughter 7. Or with her daughters daughter 8. Or with his mother in law 9. Or with the mother of his mother in law 10. Or with the mother of his father in law The manner of burning was twofold Some they burnt with wood and fa●gots this was termed l R. Leui Leuit. 20. by them Combustio corporis The burning of the body others they burnt by powring inscalding hot Lead in at their mouthes which descending into their bowels killed them the bulke of their body remaining whole and this was termed therefore Combustio animae The burning of their soule This last was most in vse and alone described by most of their writers Malefactors condemned to beheading were m Moses Kotsens in Sanhedr two sorts 1. The murderer 2. Those of any Citie who were drawne vnto idolatry The manner thereof is at this day in vse Malefactors strangled were n Moses Kotsens ibid. six 1. He that seniteth his father or his mother 2. Hee that stealeth a soule of Israel 3. An Elder which contradicteth the Consistory 4. A false Prophet and hee that prophesieth in the name of an idoll 5. Hee that lieth with another mans wife 6. He that abuseth the body of the Priests daughter The manner of strangling was thus The malefactor was put in dung vp to the loynes a to well being cast about his necke which two executioners one on each side plucked to and fro vntill he
name in remembrance 2 Sam. 18. 18. The other sort of wiues they call c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vxor secundaria vocem compositam essè aiunt ex 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Diuidere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vxor quasi vxor diuisa dimidiae Pillagschim Secundary wiues or halfe-wiues the English translates them Concubines and that not vnfitly for sometimes the Hebrew word it selfe denoteth an infamous strumpet or common harlot The differences betweene these Concubines and the chiefe or primary wiues are many 1. A disparity in their authority or houshold gouernment the Wife was as mistresse the Concubine as an handmaid or seruant She had onely Ius tori a true and lawfull right vnto the mariage bed as the chiefe wife had otherwise she was in all respects inferiour And this appeareth in the history of Sarah and Hagar Secondly the betrothing was different the chiefe wife at her espousals receiued from her husband certaine gifts and tokens as pledges and testimonies of the contract Thus Abrahams steward who is probably thought to be Eliezer of whom wee reade Gen. 15. 2. gaue in Isaaks name vnto Rebecca iewels of siluer and iewels of gold and raiment Gen. 24. 53. This custome was in vse also among the Grecians who called these gifts d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Homer Iliad 9. vid. etiam Suid. in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 e D. Kimch 2 Sam. 5. 13. Moreouer the chiefe wife likewise receiued from her husband a bill of writing or matrimoniall letters whereas the Concubine receiued neither such gifts nor such letters Thirdly onely the children of the chiefe wife succeeded the father in his inheritance the children of the Concubine receiued gifts or legacies Abraham gaue all his goods to Isaak but vnto the sonnes of the Concubines which Abraham had Abraham gaue gifts Gen. 25. 5 6. And here by the way wee may take notice that the first-borne by right of primogeniture receiued a double portion of his fathers goods The father shall giue him a double portion of all that hee hath for hee is the first of his strength Deut. 21. 17. Vnto this custome the Prophet Elishaes speech alludeth when the praieth Elijah that his spirit might be double vpon him 2 King 1. 9. that is that he might haue haue a double portion of the spirit in comparison of the other Prophets or rather the sonnes of the Prophets amongst whom he obtained the place of an elder brother and therefore praieth for the right of primogeniture so that we are not to vnderstand him as if hee did ambitiously desire a greater measure of the spirit than rested vpon his Master but that hee desired to excell the other remaining Prophets vnto whom afterward hee became a Father The f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 partem duorum Hebrew phrase is in both places the same Secondly in their betrothing wee are to consider 1. The distance of time betweene the espousals and the confirmation of their mariage which some haue conceited to haue beene a full yeare at least ten moneths and this they obserue from Rebecca her brother and mothers answer vnto Abrahams seruant desiring that the maid might not depart presently but remaine after the espousalls at least ten daies Gen. 24. 55. Which text they interpret g Ork●los R. Solomon ten moneths vnderstanding thereby that which elsewhere is phrased an h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 D●orum annorum d●erum yeare of daies Gen. 41. 1. But if we should yeeld this interpretation although our English at least ten daies is more agreeable vnto the Septuagint and the Originall yet it followeth not that this time was craued for the fulfilling of any prescribed distance betweene the espousalls and the mariage but rather it implieth the tender affection of the mother towards her daughter as being loth so suddenly to part with her Notwithstanding it is not vnlikely that there was a competent distance of time betweene the first affiancing and the confirmation of the mariage though not prescribed or limited to any set number of daies weekes or moneths The second thing considerable in their betrothing is to enquire the manner of their contracting which might be done in Israel three waies 1. i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Moses Kotsens fol. 124. By a peece of money Secondly By writing Thirdly By copulation and all these in the presence of witnesses by a peece of money though it were but a faithing or the worth thereof at which time the man vsed this or the like forme of words k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 3. §. ● Loe thou art betrothed vnto mee And hee gaue her the money before witnesses By hill and then he wrote the like forme of words Be thou betrothed vnto me which hee gaue her before witnesses and it was written with her name in it else it was no betrothing By copulation and then hee said likewise Loe thou shalt bee betrothed vnto mee by copulation and so hee was vnited vnto her before two witnesses after which copulation shee was his betrothed wife If he lay with her by way of fornication and not by the name of betrothing or if it were by themselues without the fore-acquainting of witnesses it was no betrothing howeuer he might not lie with her the second time before the mariage was accomplished And though the betrothing might be any of these three waies yet vsually it was by a peece of money and if they would they might doe it by writing but betrothing by copulation was forbidden by the wise men of Israel and who so did it was chastised with roddes howbeit the betrothing stood in force These solemnities in betrothing were performed by the man and woman vnder a tent or canopy made for the purpose called in their language l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Elias ●hisbit Chuppa A Tabernacle or Tent to this the Psalmist alludeth Psalme 19. 4 5. In them hath hee set a Tabernacle for the Sunne which as a Bridegroome comming out of his chamber reioyceth as a strong man to runne a race Thirdly the rites and ceremonies of their mariage were performed in the assembly of ten men at least with blessings and thanksgiuings vnto God whence the house it selfe was called m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Beth hillula the house of praise and their mariage song n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hillulim praises The bridegroomes intimate friends which accompanied him and sung this Epithalamium or mariage song were termed 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Children of the bride-chamber Matth. 9. 15. Such I conceiue those thirty companions to haue beene which Sampson associated to himselfe Iudg. 14. 11. The forme of this praise or blessing is at large described by Genebrard and the summe thereof is this the chiefe of these companions taketh a cup and blesseth it saying Blessed art thou O Lord our God the King of the world which createst the fruit of the vine Afterward then