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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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three of the clocke in the afternoone The matters which they judged in this Iudicatorie What matters were judged in the great Synedrion were matters of greatest weight as to judge of a false Prophet when to make warres appointing Magistrates for inferior Cities so for cutting off of a Tribe and punishing the high Priest and whether an Apostate Citie should be raised and cast downe or not and they say that none might giue the bitter waters to the woman suspected of Adulterie but this Iudicatorie Num. 5. 29. So they say when a man was killed and the killer not knowne none might measure from the place where the man was killed to the next Citie Deut. 21. 7. but the Elders of the great Synedrion this case was onely tryed by them So the raising up seed to his brother and pulling off his shoe if he refused these were tryed by the great Synedrion Bellarmine the Iesuite to proue the Pope Object to be aboue secular Iudges Bellarmines argument to proue the Pope to be aboue secular Iudges alledgeth Deut. 17. 12. The man that doth presumptuously and will not hearken unto the Priest and to the Iudge even that man shall die Here he saith the Magistrate doth onely execute the sentence of the Priest But first ex decreto judicis is not in the originall but Answ according to the sentence of the Law Deut. 17. 11. and the word should be read disjunctivè He that hearkeneth not unto the Priest or unto the Iudge c. And by the Priest here is understood not onely the high Priest but other Priests Vers 9. When the high Priest and the Iudges sat together then he that hearkened not to the sentence given by the Iudge and interpreted by the Priest was to die so he who hearkened not unto the Iudge although the Priest was not there was to die for these Iudicatories which are conjoyned are sometimes distinguished Deut. 17. 12. 2 Chro. 19. 8. and they must be interpreted respectiuely as the Lawyers speake In the lesser Iudicatorie they might not judge of a When they might judge of capitall crimes in the lesser Iudicatorie capitall crime unlesse they were twentie three a full number so they judged of a beast that had killed a man or lien with a woman to be put to death Levit. 20. 16. The seventie whom Moses chose now at the commandement The difference betwixt the seventie which Moses chose and the seventie which were chosen at the direction of Iethro of the Lord Num. 11. 25. differed from the seventie whom he chose at the commandement of Iethro Exod. 18. they excelled the former seventie far in gifts for they had the spirit of Moses upon them and as the Mantle of Elijah when it was put about Elisha then the spirit came upon him so came the spirit of Moses upon The spirit of Moses was not diminished when it was put upon the seventie the seventie and the spirit of Moses was not diminished when it came upon the seventie but the spirit of Moses in that houre was like the middle lamp of the Candlestick from the middle Lamp the rest were lighted but the light of this Lamp was not diminished so the spirit of Moses was not diminished when it came upon the seventie Moses spirit of judgement was upon them all but not his other gifts as Moses was mightie in words and deed but not they Moses was the meckest man in the world but not they One Moses ruling in a Councell will make it famous but to haue seventie like Moses sitting in a Councell for they had the same spirit of ruling which Moses had that made it to excell all the Councels in the world even Areopagus in Athens and the Senate in Rome and if we shall marke the unitie that was in this Councell then we shall more admire it Whether had the Seventie this gift of Prophesie continually Object or not They prophesied for a day but no more therefore Answ the Text said Prophetarunt non addiderunt i. e. prophetare The seventy which Moses chose had not this gift of Prophesie continually and so the phrase is used by the Hebrewes Gen. 8. 12. Non addidit redire She returned not againe so 1 Sam. 15. Non addidit Samuel redire ad Saulem that is he saw him no more so Prophetarunt et non addiderunt that is they prophesied that day and no more The conclusion of this is the Lord did sit here in the Conclusion midst of this great judicatorie and he was their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he was the President of their Councell and therefore they that hearkened not to this Councell were worthy to die CHAPTER XVII Whether a Iudge is bound to giue sentence according to things prooved and alledged or according to his owne private knowledge EXOD 23 1. Thou shalt not receiue a report put not thine hand with the wicked to be an unrighteous witnesse SVndry doe hold that a Iudge must not judge contrary The opinion of some concerning the proceeding of a Iudge secundū allegata probata to that which he knoweth whatsoever is alledged or proved to the contrary for whatsoever is not of faith is sinne Rom. 14. 23. that is if a man doe a thing against his conscience it is sinne Wherefore if a Iudge know a man to be innocent and yet evidences be brought in against him that he is guiltie then they hold that the Iudge should use all meanes to free the innocent man as first he should deale with the accuser not to proceed in his accusation and should signifie unto him that he knoweth well the innocency of the partie Secondly if this cannot helpe then he is bound publickly to testifie upon the Bench the innocency of the partie and he may deferre the giving out of sentence unlesse he be charged by a superiour but if the matter haue no successe that way then he may remit him to a superiour Iudge or will the partie accused to appeale to a superiour Iudge but if he cannot prevaile any of these wayes some doe will him rather to quite his place than to giue out such a sentence against the innocent Although the light of nature it selfe and the word of God both teach us that the life of the innocent is to be maintained yet when another law of greater force commeth in then this must giue place for reason it Why a Iudge must proceed according to things proved selfe teacheth us that a Iudge is to proceed according to things proved otherwise justice could not be preserved and the good of the whole is to be preferred before the good of a private man But it may be said this is both against the law of nature Object and against the law written to kill an innocent man To kill an innocent man accidentally and besides his Answ intention when he is exercised in his lawfull calling How a
wee should not looke in a Parable to every particular circumstance in it but to the generall scope example the rich Glutton lift up his eyes and saw Lazarus in heaven therefore the damned in hell doe see the glorified in heaven a false collection and it is besides the intention False Collections from this Parable of the Parable so the rich Glutton prayed to Abraham therefore we may pray to the Saints departed or that there is water in heaven to quench the thirst of the damned or that the soules departed haue fingers or eyes or tongues or that the damned desire that their brethren come not to those torments all false collections but if they should gather that the children of God are in great joy and the damned in great paine that were pertinent Secondly that there is no redemption What may be gathered from this Parable out of hell thirdly that there is no refreshment to the wicked in hell fourthly that the desired of the wicked shall not be granted to them fiftly that those who will not be instructed by the Word here will not beleeue although one should come from the dead to them and lastly that the Word of God Moses and the Prophets are the onely meanes to beget faith in us here Thus farre we may stretch the Parable and then wee shall bring a good sense out of it but if we stretch it farther then we shall bring a wrong sense out of it the wringing of the nose bringeth forth bloud Prov. 30. 33. How the wicked may be inlightned by the Preaching of the Gospel and yet become worse after they be illuminated MAT 12. 43 When the uncleane spirit is gone out of a man he walketh through drie places seeking rest and findeth none then he faith I will returne unto mine house c. CHRIST having taught long amongst the Iewes and illuminated their minds by working sundry miracles amongst them and casting out Devils but having wrought no sanctification amongst them he bringeth this Parable The scope of the Parable of a man dispossessed of a Devill and being cast out finding the house emptie and trimmed returneth with seven spirits worse than himselfe There is the Parable here and the application of the The parts of it Parable the Parable is set downe at large and the application in few words even so shall it also be with this wicked generation The Parable it selfe hath three parts first possession secondly dispossession and thirdly repossession Possession in these words when the evill spirit is gone out of a man which implieth that he must first haue possession before he be cast out secondly dispossession and when he is dispossessed he wandreth in dry places and findeth no rest untill he returne and thirdly repossession he goeth and taketh with himselfe seven other spirits more wicked than himselfe and they enter in and dwell there and the last state of that man is worse than the first When the uncleane spirit is cast out He is an uncleane spirit first in the manner of his apparition secondly in the manner of his revelation and thirdly in the manner of his operation First in the manner of his apparition he appeareth in Satan uncleane in the manner of his apparition the likenesse of a Goat a stinking and a vile creature therefore the Lord saith They shall no more offer their sacrifices to Devils Deut. 17. 7. In the Originall it is Leshegnirim to the hayrie ones they are called the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hayrie ones because they haue appeared in the likenesse of Satyres or wilde Goates Secondly the Devill is an uncleane spirit in the manner In his revelation 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pytho of his revelation thou shalt not suffer Obh a Witch to liue Exod. 22. 18. Obh is called a Bottle or a Bladder the Witches are so called because Satan gaue his answers out of their bellies and out of the secret passages of nature and for this they were called by the Greekes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Thirdly he is an uncleane spirit in the manner of his In his operation operation where ever he lodgeth he defileth that soule and that bodie therefore the Scriptures call such somtimes dogges and swine Revel 22. 15. and the filthieft beasts that are but the holy Spirit is most comely in the manner of his apparition in his revelation and operation First in the manner of his apparition when he appeared it was either in the likenesse of a man or a Doue or How the Holy Ghost appeared in the likenesse of fiery tongues but he never appeared in the likenesse of any filthy beast Againe in the manner of his revelation he revealed himselfe to his Prophets in a most comly manner when he spake in them he spake not out of the secret parts of nature they did not foame at the mouth as those who were blasted by the Devill but the holy Ghost sanctified their tongues and in great modestie and comelinesse they spake the truth Thirdly in the manner of his operation he is most holy for where ever he lodgeth he sanctifieth and purifieth that soule and bodie therefore he is compared in the Scriptures to water and to fire and to the Fullers sope Psal 51. 7. Wash me and I shall be whiter than the snow in the originall it is Tecabbeseni play the Fuller 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon me We may know then whether we be possessed by Satan or not if we delight in filthinesse or uncleannesse for uncleannesse is the unseparable effect of the uncleane spirit a man may be overtaken by Satan somtimes and Satan may in part pollute him but he delighteth not in it but if he delight to wallow in that The godly delight not in sinne sinne and make no resistance to Satan then he is certainly the habitation of Satan when one offered violence to a woman under the Law Deut. 22. 27. if shee cryed out she was not to die the death but if she held her peace and consented to that villany she was to die the death So when Satan commeth to pollute the soule and defile the bodie if he cry out with Paul O wretched man that I am who shall deliver me from the bodie of this death Rom. 7. 24. then we are not to die but if wee hold our peace delight in Satans temptations which pollute the soule and the bodie then wee are to die Is cast out of a man There is no creature in which Satan Satans delight is to lodge onely in man delighteth to lodge but onely in man when he entred into other creatures it was but onely to deceiue man as when he entred into the Serpent it was for this end to deceiue Eva he cared not for the Serpent it selfe so when he entred into the Gergesites swine it was not for the swine that he cared but onely that he might draw the hearts of the Gergesites from Christ by drowning of
saith that Saul killed himselfe 1 Sam. 31. 5. When the Grecians besieged Troy Palamedes was killed there amongst the rest and when the Greekes had Simile raised their siege from Troy and taken Ship to returne to Greece Nauplius the father of Palamedes to be revenged upon the Greekes tooke a Boate in a darke night and went into the Sea and set up a Beaken upon a rock which when the Greekes did see they tooke it to be the Harbour and directed their Course towards it and so they runne the most of their Shippes upon the rockes and were cast away We cannot say here that the fault was in the Pilots because the Shippes were cast away but the fault was in false Nauplius who held up a wrong light unto them So when a good Iudge giveth out a wrong sentence the fault is not in the Iudge but in the false witnesses who hold up a false light unto him and therefore the Iudge should labour to punish these false witnesses and to restore the partie who is wronged to his right and as Telephus was healed by the speare that hurt him so should they studie to cure the person whom they haue wounded by their sentence If a Iudge call two or three witnesses that is the first A Iudge must not proceed without witnesse thing required of him in tryall of the truth nam testimonio unius non proceditur and one witnes doth not proue There are three witnesses in heaven to certifie us of the truth the Father the Word and the holy Ghost And there are three that beare witnesse to us in the earth of the remission of sinnes the Spirit the water and bloud 1 Ioh. 5. 7. 8. So in Indicatories of the Church three witnesses are required 2 Cor. 13. 1. This is the third time that I am comming to you in the mouth of two or three witnesses shall every word be established So in the tryall of civill causes every thing was established by the mouth of two or three witnesses Deut. 21. 15. Secondly The Iudge must call faithfull witnesses A Iudge is to make choise of faithfull witnesses they are called faithfull witnesses when they are reputed so in the common estimation of men Esay 8. 2. And I tooke unto me faithfull witnesses Vriah the Priest and Zechariah the sonne of Ierebechiah Vriah was not a faithfull man yet because he was so reputed amongst the people therefore he is called a faithfull witnesse Thirdly Hee must call witnesses who haue both They must be eye-witnesses heard and seene 1 Ioh. 1. 1. That which we haue heard that which we haue seene with our eyes which we haue looked upon c. Fourthly They must be contestes and their testimonies must be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 agreeing in one Mark 14. 56. Now if the Iudge proceed this way and the sentence be false it is not his fault for by the mouth of two or three witnesses every word shall be established that is shall be holden for truth When a Iudge demaundeth of the witnesses hee asketh them not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 what murther is Secondly he asketh not of them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the effects and consequents of murther which follow it as the guilt and punishment Thirdly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he asketh them whether it were casually or maliciously done And fourthly 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 if they saw him kill such a man this is the speciall thing that they require and if the Iudge giue out sentence this wayes according to things proved then the blame lieth not upon him if there bee a wrong sentence pronounced It may be said when a man taketh a thing to bee a Object truth although it be an untruth he speaketh an untruth why doth not a Iudge then pronounce a sentence which is not true although he take it to be a truth There is a greater vniformitie required betwixt the Answ mind and the tongue then betwixt the sentence of the Iudge and the testimonie of the witnesses for there is nothing required in the Iudge but that he proceed secundùm allegata et probata according to things alledged and proved CHAPTER XXI Of one who killed in suddaine passion 2 SAM 14. And thy hand maid had two sonnes and they two stroue together in the field and there was none to part them but the one smote the other and slew him THere is a difference betwixt those things which Difference betwixt things done in passion and deliberately wee doe in suddaine passion and those things which are done deliberately those things which children mad men and beasts doe they are not said to be done deliberately they come not from the will which is principium agendi possunt laedere sed non injuriâ afficere Againe there is a difference betwixt violentum coactum Violentum Coactum Non spontanetum Voluntarium non spontaneum voluntarium Violentum is that which by outward force a man is constrained to doe and here the will giveth no consent at all as when they drew the Martyrs before their Idols and put incense in their hands Coactum is that when there is some externall violence used to enforce and compell a man to doe such a thing against which he standeth out and resisteth for a time but yet in the end he yeeldeth for feare as Origen did to Idolatrie But non spontaneum is this when it is partly with the will and partly against the will Christ sayd unto Peter Ioh. 21. 18. they shall carry thee whither thou wouldest not meaning what death he should dye It was partly with Peters will and partly against his will that he went to martyrdome Voluntarium is that when the will giveth full consent to doe a thing When a man killeth his neighbour in suddaine passion he is not violently drawne to this sinne neither is he compelled to this sinne prima principia concupiscible et irascibile sunt interna homini and cannot be compelled and in this sense he who killeth in suddaine passion is sayd to doe it willingly but if we will respect the will as it is obnubilated with the perturbation of anger for the time he did it not willingly but non spontè which is a midst betwixt spontè and invitè Peter sayd to Christ Lord I will lay downe my life for thy sake Iohn 13. 3. no doubt hee had an intention to dye with him when he spake these words but they shall carrie thee whither thou wouldest not here he was not willing to dye so that he was partly willing and partly not willing hee was not altogether willing nor it was not altogether against his will but it was partly with his will and partly against his will We doe a thing Spontè we doe a thing invitè and we Spontè Invitè Non invitè doe a thing non invitè We doe a thing Spontè when we are altogether willing to it we doe a thing invitè when it is partly with
seemeth that amongst the wicked Angels there are some more wicked than others they are not then called worse spirits because they are moe in number onely but they are worse because they are more malicious they are all bad spirits but some exceed others in malice and wickednesse many men doe mistake Satan and his Angels they thinke that some of them are spirits which doe no harme but they are all sworne enemies to mans salvation therefore Satan is called the red Dragon the red Dragon delighteth not onely to kill men for hunger but also for sport to kill them what can we looke for then of those infernall spirits of destruction And the last end of that man is worse than the first His last end is worse than his beginning in three respects The end of the wicked is worse than their beginning three wayes first in respect of God secondly in respect of himselfe thirdly in respect of Satan First in respect of God who justly punisheth him this wise by giving him up unto a reprobate sense because he loved not the truth secondly his last end is worse in respect of himselfe because he is dyed over againe with sinne those sinnes in the Scripture are called Scarlet sinnes Scarlet is called Shani or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because it is twice dyed So men when they fall backe they are dyed anew againe and as recidivatio in morbis est periculosa so is the falling into sinne anew againe So it is worse in respect of himselfe because after that a man is illuminated he is more readie to become prophane if he be not sanctified Take water and heat it Simile and set it in the ayre it will freeze sooner than cold water So if a man be illuminated and haue some taste of sanctification and then fall backe againe he is in a worse case than he was in before Thirdly he is worse in respect of Satan for when Satan catcheth him againe he maketh him twice more the childe of hell A sailor hath a prisoner fettered by the hands necke and feete the prisoner beggeth of him that he would release him he releaseth him all to the foote he slippeth his foote out of the fetters and escapeth if the Iailor catch him againe he layeth a double weight upon him and fettereth him twice as sure as he was before so when a sinner seemeth to escape from Satan being enlightned and in some shew sanctified if he fall backe againe he bringeth seven worse spirits with him The application of the Parable is Even so shall it be The application of the Parable also unto this wicked Generation As if Christ should say when I came amongst you yee were in d●rkenesse but by my ministerie yee haue beene illuminated but maliciously now yee impugne this truth and yee are possessed with seven worse spirits than before therefore your end must be worse than your beginning FINIS ¶ An Addition Pag. 122. line 11. TO raise up seed to the brother that is to the eldest brother Deut. 25. 5. If brethren dwell together and one of them die that is if the first or eldest die and haue no seede then his second brother was bound to raise up seede to him if he were not married for the Law speaketh of brethren dwelling together and not married or foris familiate an example of this we haue in Er and Onan Gen. 38. Secondly if he had no brethren then his neerest Kinsman was bound to performe this duty to him if he had not beene married But it seemeth that this dutie is required of N. Rut. 4. Object although he had children for he saith then I should marre mine owne inheritance It is onely required of him here to redeeme the inheritance Answ but not to marrie his Cousins wife this was onely stare super nomen defuncti that is to make his childe to be reputed as the childe of the dead and so the childe should not be counted his sonne but the sonne of Chilion thus his inheritance should haue beene marr'd and his name rased out and this made N to refuse but if the Cousin were not married then he was bound to marry the wife of his Kinsman Erratum Page 166. line 13. Dele not