Pignorando non Pignoravit the repetition of the same word signifieth to take away the pledge and to keepe it The widow of Tekoah when one of her sonnes had killed the other and the revenger of the bloud came to kill she desired that her other sonne which was aliue might be saved because he was her unica pruna her onely sparkle that was left aliue 2 Sam. 14. Wherefore to take this widowes two sonnes from her was to put out her light The conclusion of this is Of all sorts of oppression this Conclusion is one of the greatest to doe wrong to the fatherlesse and the widow for the Lord is a father to the fatherles and a Iudge of the widowes Psal 68. 6. therefore men should beware to wrong or harme them God will defend their cause he relieveth the fatherlesse and the widow Psal 146. 9. And he that is their Redeemer is strong CHAPTER XXIII Whether a man may sell his sonne for debt or not MAT. 20. 25. But for as much as he had not to pay his Lord commanded him to be sold and his wife and children and all that he had and payment to be made THere are three sorts of commanding in the family the first is Herilis potestas the second is Maritalis potestas and the third is Patria potestas these three sorts of power differ Herilis potestas is like the government Monarchicall which hath more absolute commandement to dispose of things so had the Master Mat. 20. 25. over his servants when he commanded the man his wife and children to be sold The second sort of commanding in the family is the authoritie which the man hath over his wife and this is like the Aristocraticall power for the man in his necessitie may not sell his wife to set himselfe at libertie Et uxor non est in bonis she is not a part of his goods The third sort of commanding in the house is Patria potestas and here the father hath a greater authoritie over the children for they are a speciall part of their fathers possession Deut. 32. 6. Ipse est pater tuus qui possedit te Is not he thy father that hath bought thee The Lord permitted a man to sell his children under the Law Exod. 21. 7. If a man sell his daughter to be a hand-maide So Ezra 2. 5. the Iewes being in debt sold their children Iacob when he made his latter will Gen. 42. 22. he saith I gaue to thee one part aboue thy brethren which I conquered with my bow and with my sword Iacob himselfe never purchased Sichem but his sonnes purchased it when they killed the Sichemites Why doth he say then which I haue purchased with my Bow The reason of this was because Iacob was Lord over his children and over all that they conquered A father hath such authoritie over his sonne that he might sell him untill he was sui juris that is untill he was one and twentie yeares old First he might sell him before he was seven yeare old then he might haue sold him the second time untill he was fourteene yeare old if his debt had not beene payed and thirdly he might haue sold him untill he was twentie one So he might sell his daughter Exod. 21. 7. It is not understood here that he might sell his daughter when she was readie to be married but simply he might sell her at any time And the Lord alludeth to this forme Esay Allusion 50. 1. Which of my Creditours is it to whom I haue sold you The father might sell himselfe therefore he might sell his sonne because his sonne is but a part of himselfe But there are sundry things which cannot be sold Object Quia nullam admittunt aestimationem as bloud chastitie libertie and such like This was not properly a sale but only an enterchange Answ of his libertie for his fathers redemption Non est conditio absoluta sed quasi sub pacto tenetur enim emptor filium D. ll 2. Cap. de Patribus qui filios distraxerunt restituere si justum pretium offeratur illi That is this condition in selling of his sonne was not absolute but the contract was so made that the buyer was bound to â—â—store his sonne backe againe to him if he had offered him a sufficient price In the naturall body the hand or any other member will cast up it selfe to saue a stroke from the head so should the naturall sonne doe to relieue his father Ruben offered himselfe in stead of Benjamin to be a bond-servant Gen. 44. 33. Now if Ruben offered this for his youngest brother much more should the sonne offer to become a bond-servant for his old father The conclusion of this is the children ought not to lay up for the Parents but the Parents for the children 2 Cor. 12. 17. yet to supply their fathers necessitie they should be content to quite their libertie and all that they haue for their fathers libertie CHAPTER XXIIII Of their diverse sorts of Rulers and Commaunders EXOD. 18. 25. And Moses choose able men out of all Israel and made them heads over the people Rulers over thousands c. THe people of the Iewes were divided into twelue 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 virg◠〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Tribâ—â— Tribes those Tribes were called Shibhte because they had a rod carried before them Before the renting of the ten Tribes from Iuda they were called Israelites but after the rent of the tenne Tribes the two Tribes and the halfe were called Iuda and the tenne Tribes were usually called Israel and sometimes Ioseph and Izreel and sometimes Iacob And in the Captivitie they are called Iewes as Ester 2. 5. Mordecai of Benjamin is called a Iew so Ester 3. Haman sought to destroy all the Iewes and they are all called Israel in the Captivitie and thou shalt beare the iniquitie of Israel and Iuda Ezek. 4. And once halevj Mal. 2. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 demonstrativâ— cum he demonstrativo to signifie that levi is not put here for a proper name Those who ruled the twelue Tribes were divers Iâ—shua 23. 2. Ioshua called for all Israel for their Elders for their heads for their Iudges and for their officers For the Elders these are called zekenim and the Seventie 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Seniores translate them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 id est majores zekenim is sometimes taken for the great Synedrion and sometimes for the Kings Councell 2 King 1. 10. And Iehu sent unto Samaria to the Rulers of Izreel here the word Elders is taken for the Kings Councell and not for the Synedrion for it sate in Ierusalem and sometimes in the lesser Cities zekenim are called Senatores Secondly He called for roshim their heads which the Seventie translate 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Principes This word rosh 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Capita Prinpes is taken sometimes for the Captaines of
this Iland and the farther North it is the nearer to the ends of the earth studie therefore my good Lord that Iesus Christ may haue his possession enlarged in the North and this shall be your crowne in the latter day when all your possessions shall faile you Your Honours in all dutifull submission IOHN VVEEMSE THE CONTENTS Of the Iudiciall Law in generall 1 CHAPTER I. That Kingly Government is best Page 4. CAP. II. An explication of Iothams Parable 7 CAP. III. Why God was angry with them for chusing a King 12 CAP. IIII. What Samuel meant by mishpat hammelech 14 CAP. V. A difference betwixt the election of Saul and the election of David 16 CAP. VI. Of the annointing of their Kings and whether the Kings and Priests were annointed with the same oyle or not 18 CAP. VII How the Kings of Iudah and Israel brake the commandement in multiplying wiues 22 CAP. VIII A comparison betwixt Salomons Kingdome and Christs 27 CAP. IX Whether Rahab was a betrayer of the Citie of Iericho 34 CAP. X. Whether the Kingdome of Iudah or Israel were the best Government 38 CAP. XI Whether the Iewes might chuse Herod for their King 44 CAP. XII Whether Ishboseth was a rebell in affecting the Kingdome or not 47 CAP. XIII Whether it was lawfull for the Iewes to pay tribute to Caesar or not 49 CAP. XIIII Whether Naboth might haue justly denied to sell his vineyard to Ahab or not 52 CAP. XV. Whether the Iewes should be tollerated in a Christian Common-wealth 57 CAP. XVI Of the Synedrion of the Iewes 61 CAP. XVII Whether a Iudge is bound to giue sentence according to things proved and alleadged or according to his owne private knowledge 66 CAP. XVIII An partus sequitur ventrem 70 CAP. XIX An error personae irritat contractum 72 CAP. XX. That a Iudge may giue out sentence by the information of the false witnesses and yet be free 75 CAP. XXI Of one who killed in suddaine passion 77 CAP. XXII Whether they might take the sonnes of the Prophets widdow for debt or not 80 CAP. XXIII Whether a man may sell his sonne for debt or not 83 CAP. XXIIII Of their divers sorts of Rulers and Commanders 86 CAP. XXV Of the civill counting of their times and first of their houre 88 Of the houres on Ahaz Diall 89 CAP. XXVI Of their day 95 How they reckoned the dayes of the weeke 98 CAP. XXVII Of their moneths 100 CAP. XXVIII Of their yeare 106 CAP. XXIX Of their numbring and manner of counting 108 CAP. XXX Of their civill contracts and manner of writing them 112 CAP. XXXI What things the Goel was bound to doe to his kinsman and what things were done to him by his brethren 116 CAP. XXXII The difference betwixt the brother naturall and kinsman in raising vp seed to the eldest brother and what was done if they refused 119 CAP. XXXIII Of their marriages 122 CAP. XXXIIII Whether a brother naturall to keepe the Tribes distinguished might marrie his brothers wife or not in Israel or is it meant onely of the next kinsman 130 CAP. XXXV Of their Prisons aad places of punishment 133 CAP. XXXVI Of their whipping 138 CAP. XXXVII Whether an Israelite that had lyen with a bond-maid that was betrothed was whipped or not 141 CAP. XXXVIII Of the Law of Retaliation 143 CAP. XXXIX That theft among the Iewes was not capitall 145 CAP. XL. Of their proceeding in Iudgement before they executed the malefactor 148 CAP. XLI Of their capitall punishments 151 CAP. XLII They gave wine to those who were going to bee excecuted 154 CAP. XLIII Of their warres 156 CAP. XLIIII Of their burials 169 Of the Iewes Oeconomicks 177 Of the manner how they sate at Table 181 Of their Feasts 182 Of the place where the Romanes vsed to make their Feasts 185 Of their manner of drinking 188 Of their apparell 189 Of the divers stuffes whereof their clothes were made 190 Of their Husbandrie 191 Of the manner how they threshed their corne 192 A comparison taken from ripe figges 193 A comparison taken from shepheards ibid Of the miseries of the children of God in this life and their happie estate in the world to come 195 How the wicked may bee inlightned by the preaching of the Gospell and yet become worse after they bee illuminated 210 A Table of the places of Scriptures explained in this Treatise of MOSES Iudiciall Lawes the first number sheweth the Chapter the second the Verse and the third the Page Genesis Cap. Ve. Pag. 8 12 66 24 11 89 Â 55 123 27 3 179 28 12 205 34 12 124 39 21 137 42 22 84 44 33 85 49 19 158 Exodus Cap. Ve. Pag. 9 31 192 11 5 47 14 13 204 12 29 95 22 27 81 31 14 153 32 7 17 Leviticus Cap. Ve. Pag. 20 6 153 25 23 54 27 1 3 Numbers Cap. Ve. Pag. 8 17 95 10 31 2 11 19 100 12 15 158 14 33 62 Deuteron Cap. Ve. Pag. 6 1 1 8 4 160 17 12 64 Â 14 12 Â 20 6 20 10 37 25 6 121 29 5 160 33 2 2 Ioshua Cap. Ve. Pag. 9 7 37 10 14 94 11 16 24 Â 19 37 23 2 86 24 30 175 Iudges Cap. Ve. Pag. 3 15 109 5 10 194 7 2 165 8 23 13 9 9 8 11 15 109 14 8 123 18 17 5 Ruth Cap. Ve. Pag. 1 17 170 2 14 180 4 11 127 1 Sam. Cap. Ve. Pag. 2 13 14 10 25 15 16 7 17 Â 13 9 17 7 123 25 11 199 31 13 173 2 Sam. Cap. Ve. Pag. 1 18 170 3 12 20 7 5 17 8 4 24 12 8 26 18 33 20 19 17 41 24 12 17 Â 15 5 1 King Cap. Ve. Pag. 2 1 208 3 11 25 4 7 101 Â 25 5 Â 29 31 6 23 9 9 26 37 10 18 28 12 7 10 17 20 80 21 3 54 2 King Cap. Ve. Pag. 3 7 49 9 1 19 15 19 33 21 20 ibid 1 Chron. Cap. Ve. Pag. 21 10 17 22 14 23 27 1 101 29 3 22 Â 23 13 2 Chron. Cap. Ve. Pag. 2 17 15 11 17 32 32 27 23 Ezra Cap. Ve. Pag. 2 5 84 Nehem. Cap. Ve. Pag. 7 65 21 Esther Cap. Ve. Pag. 2 5 86 Iob. Cap. Ve. Pag. 2 10 6 10 4 18 24 3 82 Psal Cap. Ve. Pag. 20 7 24 45 4 42 63 12 156 65 8 96 68 30 165 72 19 131 73 13 200 74 25 205 9 5 97 104 15 9 105 18 137 137 15 176 Proverbs Cap. Ve. Pag. 6 6 88 Â 13 111 Â 31 146 20 5 30 23 10 118 3 8 105 Â 16 9 Eccles Cap. Ve. Pag. 2 28 26 4 12 1 9 8 9 10 2 108 Â 16 177 Cant. Cap. Ve. Pag. 3 4 126 Â 7 31 Â 11 125 4 6 29 8 6 25 Â 8 60 Esay Cap. Ve. Pag. 2 7 25 3 7 10 8 2 76 10 27 22 2â— 7 158 30 24 191 40 12 108 50 7 48 53 9 174 Ierem.
shee found her groat who called in her neighbours to rejoyce with her when she had found it Luk. 16. 9. Fourthly Quaesivi mihi est dativus Commodi Zach. 9. Mihi est datirus commodi id est in commodum meum 9. Behold thy King commeth unto thee that is for thy profit and benefit So David was the King that would serue for the Lords glory Fiftly he chose David according to his owne heart this was verbum amoris and there was great similitude betwixt Davids heart and Gods owne heart The Iewes obserue concerning David that when he had sinned in numbring of the people God said to the Prophet Goe tell David 2 Sam. 24. 12. 1 Chron. 21. 10. Giving him How the Lord calleth David his servant no other title but David as Kimchi marketh upon that place but when he had a purpose to build a house for the Lord then he said Goe tell my servant David 2 Sam. 7. 5. 1 Chron. 17. 4. Shewing what account he maketh of such and how acceptable men are to him when they seeke his glory and the good of his Church So when the people had committed Idolatry the Lord calleth them Moses people Goe get thee downe for thy people Why God called the Israelites Moses people which thou broughtst out of Aegypt haue corrupted themselues Exod. 32. 7. He calleth them not my people because they were blotted with such a blot as was not to be found in his children Deut. 32. 5. Now because David was a King fit for Gods worship see how friendly he speakes of him I haue sought to me a man that is an excellent man Sixtly according to my heart I made not choise of God chose not David for his stature him for his comely stature as the people made choise of Saul but I chose him because he was a man according to mine owne heart The Conclusion of this is 1 Sam. 16. 7. a man judgeth Conclusion according to his eyes but the Lord looketh to the heart the Carntos habâ—re ocâ—los quid Lord hath not eyes of flesh Iob 10. 4. That is he looketh not to outward qualities as men doe but his eyes peirce into the heart and he made choise of David because he saw his heart was upright The heart of the Prince is the object of the eye of God CHAPTER VI. Of the anoynting of their Kings and whether the Kings and Priests were anoynted with thesame Oyle or not PSAL. 89. 27. I haue found David my servant with my holy Oyle haue I anointed him ALthough the anointing of the Kings and Priests How the anointing of the Kings and Priests pertaineth to the Iudiciall Law was a thing ceremoniall under the Law yet thus farre it falleth under the Iudiciall Law first what Kings and their sonnes succeeding them were anointed secondly whether the Priests and the Kings were anointed with the same Oyle or not There were three sorts of persons anointed under the Law Kings Priests and Prophets All the Priests were anointed at the first both the All the Priests at the first were anointed high Priests and the inferior Priests Levit. 8. but afterwards onely the high Priest was anointed and his sonnes after him Levit. 6. 21. 21. 10. 16. 32. therefore he was called the anointed of the Lord. The Priest when he was anointed first he was anointed How the Priest was anointed with Oyle secondly sprinkled with bloud and thirdly with bloud and oyle Levit. 8. The first was upon his head the second upon his flesh and the third upon his garments So the King was anointed but the Kings sonne was What Kings were anointed not anointed if his father was anointed before him one anointing served for both because the Kingdome is the Kings inheritance for ever Deut. 17. 20. But if there had beene a sedition they did anoint him to pacifie the people and settle the sedition and to make knowne who was the right King as Salomon was anointed because Maymone in his Treatise of the Implements of the Sanctuary cap. 1. sect 4. of the sedition of Adonijah 1 King 1. and Ioash because of Athalia 2 King 11. and Ioahaz because of his brother Iehojakim 2 King 23. 30. Whether were the Kings and Priests anointed with Quest the same Oyle or not There were foure Kings anointed at the first with common Oyle called the Oyle of Balsom but not with holy Oyle First Saul was anointed with this common Foure Kings anointed both with coÌ„mon oyle and with the holy cyle Oyle when Samuel first anointed him this was done in Rama where neither the Sanctuary nor holy Oyle were secondly he who was anointed with this common oyle was David by Samuel at Bethlehem thirdly Hasael and Iehu by one of the children of the Prophets 2 King 9. 1. And the Iewes say that those who were anointed by the Prophets were anointed with common Oyle but those who were anointed by the high Priest were anointed with holy Oyle But Saul when he was made King over Israel at Mizpeh was anointed with the holy oyle by the high Priest and David was anointed with the holy Oyle at Hebron and at Ierusalem when they were anointed before by the Prophets it was but a preparation to this holy Oyle The Church of Rome holdeth that the King and the Becanus de jure regio Priest were not anointed with the same Oyle that they may advance the Pope aboue Princes their reason is this None that had the holy Oyle upon his head might Object lament for the dead Levit. 21. 10. But the King might lament for the dead therefore he was not anointed with the same Oyle wherewith the high Priest was anointed they proue that the King might lament for the dead as David did for Absolom 2 Sam. 18. 33. so for Abner 2 Sam. 3. 21. Although the King and the Priest were both anointed Answ with the same oyle yet the Priest is forbidden especially to lament for the dead because he was a more vive type of Christ than the King was and concerning Davids mourning after the Beere R Iudah answereth Why the high Priest might not mourne for the dead that David did this to purge himselfe that he was not guiltie of the bloud of Abner and the Text saith that the people and all Israel understood that day that it was not Why David mourned for Absolon and Abner of the King to slay Abner the sonne of Ner 2 Sam. 3. 27. The ceremony gaue place here to the necessitie he mourned that he might take the suspition out of the hearts of the people and for his mourning for Absolom his passion miscarried him Now the reasons proving that they were both anointed with the same sort of Oyle are these First the Oyle wherewith the Kings were anointed Reason 1 is called the holy Oyle with mine holy Oyle haue I anointed him Psal 89. 27. Secondly these are the two Oliue branches
of the Gentiles implied that the Gentiles should be received into the Church and be saved CHAPTER X. Whether the Kingdome of Iudah or Israel were the best Government IT may seeme at the first that the Kings of Israel did more formally proceed by way of Iustice than the The Kings of Israel proceeded by way of Iustice formally Kings of Iudah did the Kings of Israel did not proceed by way of arbitrary Iustice neither was there any peremptory execution upon the will of the King When Naboth was to be stoned to death the matter was handled after a judiciall forme which might haue given satisfaction to the ignorant people who knew not the device and secrecy of the matter But the Kings of Iudah proceeded by their absolute The Kings of Iudah proceeded by absolute authoritie authoritie as may appeare in some of them who tooke away their Subjects liues by their absolute authoritie without any order of law or processe in Iudgement David killed the Amalekite and againe he seemeth to What things objected to David haue broken his oath swearing that nothing should befall Shimei and yet he biddeth his sonne Salomon put him to death thou art a wiseman and knowest what thou Ioabs worthy deeds reckoned up Ioab was Davids kinsman hast to doe 1 King 2. and so caused to kill Ioab who was Davids neere kinsman and who had undergone many dangers for the glory of God and the good of the Church 2 Sam. 10. And he dedicated many of the He gaue many things to the house of the Lord. spoyles which he had taken in the warres to the house of the Lord 1 Chro. 26. 8. he fought for his Countrey all Davids time he was faithfull to the King he stood for David against Saul he followed him still although he was banished and at that time when he was made Captaine 2 Sam. 18. he did represse the sedition of Sheba Repressed the sedition of Sheba even when David would haue put him from his place and put Amasa in his stead 2 Sam. 20. 4. It was he that forbad the King to number the people 2 Sam. 24. Disswaded David to number the people It was he who first invaded Sion 1 Chron. 11. It was he who by his wisedome taught the woman of Tekoa to obtaine pardon for Absalom It was he that was most Reconciled Absalom to his father skilfull in the warres It was he that fought against the Syrians and the Amorites and all the enemies of the Subdued many wicked Nations Church and it was he who in modestie when he had gotten the victory refused to take the praise to himselfe but sent for the King that he might get the praise of the victorie 2 Sam. 12. 28. He was not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or implacable when Abner sought peace at him he willingly granted it so did he to the people of Abel 2 Sam. 20. He had good successe in his vvarres He had good successe in the warres he was a terror to all his enemies 2 Sam. 10. as to Hadarezer the Edomites c. therefore it may seeme that David by his absolute authoritie caused him to be put to death unworthily And as for Salomon he seemeth most unjustly to haue What things objected to Salomon killed his brother Adonijah for first he was Davids eldest sonne now aliue secondly his father loved him most dearely thirdly he never did findâ— fault with him for seeking the Kingdome and Salomon might seeme here to be too rigorous for Titus a Heathen Suctonius lib. 9. Prince was more mercifull to his brother for when his Heathen Kings louing to their brethren brother did affect the Kingdome yet notwithstanding he lovingly embraced him and disswaded him from that course and Seneca writeth of the like in his first booke of Clemencie cap. 9. how Augustus spared Cinna and made him of a foe a friend But if we shall consider that the Kings of Iudah especially David and Salomon Prophets David and Salomon being directed by the spirit of God immediately had a better warrant to proceede by their sole authoritie than the Kings of Israel had we David in killing the Amalekite sinned not shall be of another minde and where it is objected that David killed the Amalâ—kite onely upon his owne confession the confession out of ones owne mouth if When one may be condemned upon his owne confession it be the confession of one that is well at himselfe and is not wearie of his life and if he stand constantly at it then the confession out of his owne mouth is sufficient Luk. 19. 22. Wicked servant out of thine owne mouth will I judge thee Secondly this Amalekite gloried that he had killed Saul and so flattered David and lastly he was an Amalekite against whom the Lord had given out sentence long before that they should all be killed with the sword and the Lord was wroth with Saul for sparing the Amalekites The second thing objected to David is the breaking David brake not his oath in causing Shimei to be killed of his oath in causing Shimei to be killed when he had sworne that nothing should befall him but it was not for his former railing that he was put to death but for his new transgression David saith to his sonne Salomon Habes apud te 2 Sam. 28. that is confine him and suffer him not to goe abroad for he is a mightie man and is able to gather together a thousand of Benjamin 2 Sam. 19. 17. therefore Salomon makes him to sweare that he should never goe beyond the brooke Kedron under the paine of death and he most willingly assented unto it yet he brake his oath and went to seeke his fugitiue servant and for the breach of this oath David commandeth to pâ—t him to death and Salomon caused to execute him and after his first transgression he is kept in ward here and he is like a fish taken upon the hooke but yet Simile not pulled out of the water to be dressed by the Cookes But Salomon layeth to his charge that sin which was Object forgiven him 1 King 2. 42. thou knowest what thou didst to my Father David Both David and Salomon pardoned this sinne but Answ conditionally that he should not fall into a new sinne Shimei had his former fault pardoned conditionally and even as an old Cicatrix being healed if it get a new blow is more dangerous than any other wound so a fault pardoned if the man fall into sinne againe aggravateth the sinne more he was pardoned conditionally onely that he should not transgresse againe But it may seeme too great a punishment for so small Object a fault going but out to seeke his fugitiue servant He was guiltie of treason Answ in setting light by the Kings commandement Shimei how guiltie of treason and he bound himselfe by an oath if he did transgresse As for the killing of Ioab all the
sometimes largely and The name Iew taken strictly or largely sometimes strictly when it is taken largely it comprehendeth all which were Iewes by profession Esth 8. 17. many became Iewes Sometimes againe it is taken more strictly for those Iewes who dwelt on the west side of Iordan and they were called Iudaei Hierosolymitani the Iewes that dwelt about Ierusalem Luk. 3. 1. Pilate was governour of Iuda and Herod of Galilie Iuda here is strictly taken but sometimes Herod is called King of the Iewes here it is largely taken Mat. 2. 1. So the name Gentile is taken sometime strictly as The name Gentile taken strictly or largely Paul applieth it to the converted Gentiles Galat. 2. 12. but when Christ said Goe not into the way of the Gentiles Mat. 10. 5. Here it is taken largely for all the Gentiles But Iosephus calleth Herod but a private man Object there Lib. 14 cap. 11. c. 17 fore it may seeme that the Iewes never acknowledged Herod for their King and the Iewes said of Herod Quòd non est rex neque filius regis The reason why he was called a private man was this Answ because he was not descended of the Priests Why Herod was called a private man for at that time the posteritie of David carried no sway amongst the people but onely the posteritie of the Priests and whosoever were not Priests were called Gnim haaretz 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Populus terrae populus terrae see Iosephus lib. 14. cap. 12. If yee will respect Herods first descent then he may be called Alienigena and not Iudaeus in his first descent he is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and transcriptus and his Kingdome may be called Malcoth Hagerim the reigne of a stranger but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 because Herods father and grandfather were not altogether strangers from the people of God for they were Edomites and Proselytes therefore he was not reckoned as a stranger but it fell out amongst the Iewes as it did amongst the Romanes and Athenians that those who were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and adscriptitij were alwayes hated of those who were naturall and inbred Citizens So the Iewes hated those who were Proselytes because of the old hatred that was betwixt the Iewes and the Gentiles and they made a Canon amongst them Vt caverent sibi in decimam generationem a Proselytis We may conclude this point then that the Iewes Conclusion might safely choose Herod for their King now being a Iew by profession and descended of Parents who were Iewes by profession and the latter Iewes distinguished not well betwixt Ger and Goi who reckoned Herod ever to be a stranger CHAPTER XII Whether Ishbosheth was a Rebell in affecting the Kingdome or not 2 Sam. 2. 8. But Abner the sonne of Ner Captaine of Sauls Host tooke Ishbosheth the sonne of Saul and brought him over to Mahanaim and he made him King over Gilead c. IT may be said of Ishbosheth that he was no Rebell in Their reasons who hold that Ishbosheth sinned not in taking the Kingdome accepting of the Kingdome after his father Saul was dead for first he was his fathers eldest sonne now liuing and by the law of Nations the first borne or he that was in place of the first borne did succeede The first borne by the law of Nations succeeded in the Kingdome Exod. 11. 5. and 1 King 2. 15. And so amongst the Edomites the first borne succeeded in the Kingdome 2 King 3. 27. he tooke his eldest sonne who should haue reigned in his stead and offered him for a burnt offering upon the wall Secondly Ishbosheth had the consent almost of all the people for eleven tribes acknowledged him for their King Thirdly he had good successe amongst his Subjects The successe that Ishbosheth had first in Mahanaim then amongst the Giliadites thirdly amongst the Ashurites fourthly in Izreel fiftly in Iuda and Benjamin and lastly over all Israel 2 Sam. 2. 9. Fourthly he reigned seven yeares amongst them and by that it may seeme that it was a setled Kingdome The thing that may be alledged against him is this Object that Mephibosheth was the sonne of the eldest brother and therefore by right should haue succeeded before him But Mephibosheth was a lame man and an impotent Answ creature and was not fit for Government and therefore by right the Kingdome succeeded to Ishbosheth Inst And if it be said that David was appointed King by the Lord we may say that Ishbosheth knew nothing of this and he was in bonafide and moreover Ans David calleth him a righteous person 2 Sam. 4. 9. therefore it may seeme that he did not usurpe or affect the Kingdome wrongfully Now let us compare Ishbosheths affecting of the Kingdome Ishbosheth compared with Ieroboam in affecting the Kingdome and Ieroboams affecting of the Kingdome Ieroboam had the word of the Lord by Ahija the Prophet that he should be King and he confirmed it unto him by a signe in renting of the Cloke in twelue peices thus much he had from the Lord but he was a wicked and prophane man and got the hearts of the people rather by discontentment and mutinie than by heartie good will and herein Ishbosheth farre exceeded him Againe Ieroboams affecting of the Kingdome might seeme to be a revenge for he fled away to Egypt from Salomon as a traytor and now to be revenged upon his sonne he draweth away the ten Tribes from him and so Ishbosheths entering to the Kingdome seemeth to be better than his Ishbosheth notwithstanding of all that is said for him Reply cannot be excused he was his fathers eldest sonne but the Kingdome goeth not alwayes by succession it pleaseth Ishbosheth cannot be excused for affecting the Kingdome God to change this forme sometimes as David was chosen King and not his eldest brother and so was Salomon chosen and not Adonijah And if it had come by succession then Mephibosheth should haue succeeded and beene preferred before him for although he was lame in his feete yet he was not lame in his mind And where it is said that he had the consent of all the people their consent is nothing without the consent of the superiour God himselfe by me Kings reigne Pro. 8. 9. God had declared long before that Saul should not Saul could not be ignorant that David should be King reigne but that David should reigne and Ionathan gaue way to it therefore he could not be ignorant of this but being blinded by presumption and misled by craftie Abner who thought in effect to be King himselfe he affected the Kingdome And whereas David calleth him a righteous person we must distinguish inter justitiam Iustitia causae personae causae justitiam personae betwixt the righteousnesse of his cause the righteousnesse of his person although he was otherwise a good man yet he had not a good cause in hand and if we shall
Water and Wine mixed together is called Wine so Chaffe Wheat mingled together yet it is called Wheat Why then should not the childe be reckoned to be free after his father and not reckoned bond after his mother who is a bond-woman In Physicall mixtures it is so but it is not so in marriage Answ this is rather like that which is spoken in the In Physicall mixtures things take their denomination from the better part Schooles Conclusio sequitur deteriorem partem if any of the premisses be particular so is the conclusion The Doctors of the Iewes propound this case if a Heathenish captiue woman were taken in the Warres she is converted and becommeth a Proselyte whether should her childe be judged to be a free man or not in Israel And they answere that this childe borne of this stranger is not to be counted a free man Verum Senatus suo decreto Lustrari eum tantum curat they cause onely to H. Melahh 8. 9. wash him but they will not circumcise him untill he be able to make confession of his faith and become a Proselyte and here they say Partus sequitur ventrem if the mother had beene a free woman either before or after the birth amongst the Romans the childe was reputed to be free but not so amongst the people of the Iewes Wherefore the Iudges in Israell willed all true Israelites not to match themselues unequally in degrees for the disgrace which it brought upon their children making them uncapable of freedome and unfit to be heires The conclusion of this is Conclusion Here we may see the excellency Difference betwixt the Iudiciall Law and the Covenant of grace of the Covenant of grace aboue the Iudiciall Law for if any of the Parents be faithfull then the childe is holy 1 Cor. 7. 14. that is he may be admitted to the Covenant CHAPTER XIX An error personae irritat contractum IOSH. 8. 18. And the children of Israel smote them not because the Princes of the Congregation had sworne unto them by the Lord God of Israel IT may seeme that Error personae irritat contractum as if a man married one woman in stead of another the marriage is nullified Iâ—â—he error of the person make the contract null Object 〈◊〉 shall we thinke of Isaacs blessing who blessed Ia 〈…〉 in stead of Esau and yet the blessing was effectuall 〈◊〉 what shall we thinke of Ioshua's Covenant made 〈…〉 e Gibeonites whom he tooke to be strangers and yet the Covenant stood firme and sure and what shall we say of Iacobs marriage with Leah in stead of Rachel Here the marriage was not irritat and made voide although there was an errour in the person First for Iacobs marriage with Leah in stead of Rachel Answ if Iacob had not afterwards approved this mariage Of Iacobs marriage with Leah and gone in unto her and begotten children upon her the marriage had beene voyde but because he went in unto her and begot children upon her this error was taken away Secondly it may be answered for Isaacs blessing in Of Isaacs blessing Iacob in stead of Esau blessing Iacob in stead of Esau Ioshua's Covenant made with the Gibeonites There were three who concurred here First God secondly the persons who craftily concurred here to deceiue and thirdly the persons who were deceived In Isaacs blessing we haue to consider first God who cannot deceiue nor be deceived In blessing of Iacob three persons concurred then Rebecca and Iacob who craftily deceived and thirdly Isaac who was deceived Now because it was Gods intention to giue the blessing to Iacob therefore neither Iacobs craft nor Isaacs error could hinder the blessing Isaac giveth the blessing ignorantly but because it was according to Gods intention and revealed will who was the principall giver of the blessing therefore the blessing was effectuall So in the Covenant Iâ—shua's Covenant with the Gibeonites with the Gibeonites the Lord commanded to offer peace to the seven Nations if they would seek it now in commeth the deceit of the Gibeonites and errour of Ioshua who is deceived yet because it was Gods chiefe intention that those of the seven Nations who sought peace should be saved therefore the oath stood firme and the errour in the person did not make it voyde and the matter may be cleared thus the Lord forbiddeth a brother to eate with a railer a drunkard or an extortioner Simile 1 Cor. 5. 11. but if a drunkard or a railer or an exâ—ortioner should come to the Table of the Lord I am not to refuse to eate at that Table although the drunkard be there The reason is because this is not my private Table but the Lords banquet and I expect the blessing onely from him in it and the sinnes of the drunkard cannot hinder me but if I should bid such a one to my house to eate with me then I should be guiltie of their sinne So the Covenant here is the Lords Covenant and the deceiver is not able to make it of no effect But where the principall intention of the contracter is deceit and the person with whom the contract is made is deceived then the contract is nullified as if a man When the errour of the person maketh the contract of no effect should ignorantly buy a free man for a slaue here the free man should be released error personae irritat contractum But yee will say in all contracts God hath an hand Object and he is never deceived therefore no such contract should be dissolved where there is error personae In the blessing betwixt Isaac and Iacob and the contract Answ betwixt Ioshua and the Gibeonites God had set downe his revealed will what he was minded to doe in both of these and therefore neither the error of Isaac God had revealed his will in the blessing of Iacob and the sparing of the Gibeonites nor the deceit of Rebecca and Iacob made the blessing of no effect so neither in the contract betwixt Ioshua and the Gibeonites But the Lord forbiddeth fraudulent contracts in his Word neither is it his intention that such contracts should be made therefore they are of no effect CHAPTER XX. That a Iudge may giue out sentence by the information of the false witnesses and yet be free 2 SAM 1. 16. And David said unto him thy bloud be upon thy head for thy mouth hath testified against thee IN Iudgement the principall part dependeth upon The chiefe part in judgment dependeth upon the witnesses the witnesses and if they testifie an untruth they make a wrong sentence to proceed out of the mouth of a just Iudge David here giueth out sentence against the Amalekitâ— it was a just sentence in respect of the Iudge because he condemned him out of his owne mouth but a wrong sentence in respect of the Amalekite because he did not kill Saul but bragged onely that he had killed him for the Text
our will and partly against our will we doe a thing non invitè quando procedit ex ignorantia comitante as when Mutius Scaevola killed another in Simile stead of Porcenna and when it was told him that he had missed the King and killed another he was sory that he had not killed the King this action was neither done Spontè nor invitè but non invitè but when a man killeth in suddaine passion and after that his passions and perturbations are setled he is sory that he hath done such a thing and is grieved that primus impetus non est in sua potestate then he doth it invitè There is a twofold concupiscence an antecedent Concupiscentia Antecedens Consequens concupiscence and a consequent concupiscence the antecedent concupiscence is that when the passion preventeth the will and moveth it but the consequent concupiscence is that when the will willingly worketh and stirreth up the passion that it may execute the sinne more readily when passion preventeth the will then it extenuateth the sinne but when the will stirreth up the passion then it augmenteth the sinne Againe we must make a difference betwixt these Agere Ex ira Iratus two to doe a thing ex ira and to doe a thing iratus when a man doth a thing ex irâ anger is onely the cause of it and it repenteth him of it afterward that he hath done it but when he doth a thing iratus it doth not proceed principally from his anger but from some other bad disposition and hardly such a man repenteth him of his fact Lastly there is a difference betwixt eligere and praeeligere Eligere Praeeligere eligere is to follow sense and appetite but praeeligere is to follow reason When a man killeth in suddaine passion it is electio non praeelectio This sinne of Anger followeth the complexion of the bodie anger commeth commonly of the complexion of the body nam ex iracundis nascuntur irati the Philosopher saith a certaine man being challenged for beating of his father gaue this answere My father beat his father and pointing to his sonne with his finger he said this my sonne will beat me also these hereditary evils are hardly cured The woman of Tekoah when one of her sonnes killed the other she begged of the King to remember the law of the Lord that her other sonne might be saved in the Citie of Refuge which the King granted unto her willingly 2 Sam. 14. because he killed him in suddaine passion CHAPTER XXII Whether they might take the sonnes of the Prophets widow for debt or not 2 KING 4. Now cryed a certaine woman of the wiues of the sonnes of the Prophets unto Elisha saying the Creditour is come to take unto him my two sonnes to be bondmen IT is a pitifull thing to adde griefe to those who are in griefe already this widow shee was in griefe already and those who would take her sonnes from her adde new griefe unto her The Lord saith Make not sad the heart of the widow Iere. 22. 3. Elias 1 King 17. 20. said unto the Lord O Lord my God thou hast brought evill upon this widow with whom I sojourne by slaying her sonne As if he should say is it not enough O Lord that thou hast taken away her husband but thou wilt take away her sonne also The Lord could not doe wrong to this widow by taking away both her sonne and her husband but they who came to take this poore widowes children did great wrong to her in adding new griefe to her The widow in the Hebrew is called Almonah muta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vidua ab 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Silere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vacua ab Alam silere because she hath no body to speake for her and she is called Rikam emptie Ruth 1. 21. because she wanteth a husband to defend her a widow who liveth in pleasure shee is dead while shee is living 1 Tim. 5. 6. but a widow that is a widow indeed and desolate trusteth in God and she is civilly dead when shee wanteth the meanes to helpe her The Lord forbiddeth in his Law to take to pledge the upper or the nether Milstone which are the meanes to maintaine the mans life Deut. 24. 6. The widowes two sonnes were as it were the nether and the upper Milstone to gaine her living Secondly the Lord forbiddeth to take to pledge the cloths in which the poore man lieth in the night for he saith when he cryeth unto me I will heare for I am gracious Exod. 22. 27. And when those two sonnes of the widow were taken from her did not the Lord heare her a poore woman a poore widow the widow of one that feared the Lord the widow of a Prophet Yes verily he heard her and that quickly And he that saith Touch not mine anointed and doe my Prophets no harme Psal 105. 15. so he saith touch not the Prophets widow nor her sonnâ—s and doe them no harme Thirdly the Lord commanded them when they went to seek the pledge that they should not goe in into the house to fetch it but they should stand abroad and the man should bring it out himselfe Deut. 24. 10. But they who violently tooke away the womans sonnes observed not this but did as the wicked servant in the Gospell who tooke his fellow-servant by the throat saying Pay me that thou owest Mat. 22. 28. Yee will say this was a just debt and therefore ought Object to be payd See what Esay answereth Chap. 58. 6. Is not this the Answ Fast that I required to undoe the heavie burden and to let the oppressed goe free This debt was a heavie burden vpon the poore womans shoulders and therefore they ought to haue remitted it Iob. 22. 6. Thou hast taken a pledge from thy brother Hhobhel signifieth both pignus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Pignus Funis and funis a pledge and a cord because it bindeth as strongly as cords doe and the Greekes call it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Quasi obligatio suppositum obnoxios sibi subijcere with this cord they would haue bound the poore widow Iob when he describeth the oppressor Chap. 24. 3. he saith he taketh away the widowes Oxe for a pledge he taketh the Oxe the beast that is so needfull for her therefore he that tooke an Oxe was bound to restore fiue Oxen for him Exod. 22. 1. Againe to take the widowes onely Oxe we see how Nathan exaggerateth the rich mans fault for taking the poore mans only sheepe 2 Sam. 12. And if it be oppression and a crying sinne to take the poore widowes Oxe what a sinne was it to take her sonnes who should haue relieved her in her necessitie Ezek. 18. 16. it is a note of the childe of God that he with held not the pledge from the poore In the Originall it is Hhabhol lo hhabhal Pignorando non pignoravit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉
and not like Bilhah and Zilpah Because these two were but handmaids and they were not the mothers of many children as Rachel and Leah Fourthly why first like Rachel and then like Leah Because Rachel was more beloved than Leah Fiftly why like Rachel and Leah and not like Sara and Rebecca Because there came of them the Ismaelites who were not of the Church as well as the Israelites Doe thou worthily in Ephrata in the Hebrew it is fac To doe worthily is to doe vertuously virtutem the Hebrewes put vertue for the substance gotten by vertuous doing Psal 49. He shall leaue his substance behinde him in the originall it is he shall leaue his vertue behinde and Prov. 31. Fecerunt potentiam id est comparârunt opes Let thy house be like the house of Pharez because there were fiue families in the Tribe of Iuda and Pharez was the chiefe of them Num. 26. 20. They pray then first that they may haue children secondly that they may haue meanes to maintaine and bring up their children and thirdly that they may liue in credit among their people After the marriage they did sing epithalamium a song What song they sung after the marriage of prayse in commendation of the Bride-groome and Brid Psal 45. so Psal 77. your virgins were not praised that is they were not married and the house of marriage the Iewes called it beth hillel domus laudis The morrow after the marriage the Bridegroome came forth out of his bride-chaÌ„ber in great pomp with his Bride out under the vaile and these who heard his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 voice rejoyced because then the marriage was consummated and David alludeth to this Psal 19. for as the Bridegroome made glad the hearts of his friends when he came out of his Tent or covering so the Sunne when An anologie betwixt the Sunne rising and the Bridegroomes comming out of his chamber the morrow after his marriage he commeth out of his chamber gladdeth the earth his going out is from the end of the heaven and his circuit to the end of it Luk. 1. Christ is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Sunne rising from the East that Sunne of righteousnesse comming out of the bosome of his Father and out of his bed-chamber rising in the East did shine upon the Iewes in the South and next upon us Gentiles in the North Cant. 7. 9. The conclusion of this is We are married to Iesus Conclusion 1. Christ per confarreationem when he giues us the blessed Sacrament therefore let us come worthily to it that we take it not as Iudas did the soppe Ioh. 13. for that will make diffarreationem or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a divorce from him for ever Secondly we are married to him per coemptionem Conclusion 2. what was the Church when he married her She was blacke like the Tents of Kedar Miriam and Aaron grudged against Moses because of the Ethipian woman whom he had married Numb 12. 1. so was his Church Cant. 1. 5. I am blacke but yet if shee had beene rich which is a second beautie it had beene something but being both blacke and poore there was a hard matter for the Lord to marrie her A certaine woman being asked what dowrie she gaue to her husband she answered that she should keepe her selfe chast unto him onely as a chast spouse So we having nothing to bestow upon him but he having pittie upon us when we were naked and uncomely let us studie to meete him with heartie affection againe and not to fall a whoring after other gods which if we doe he will make us comely as the curtaines of Salomon Thirdly they sung praises and rejoyced at the marriage Conclusion 3. of the Bridegroome and the Bride So let us bee glad and rejoyce and giue honour unto him for the marriage of the Lambe is come and his wife hath made her selfe readie Revel 19. 7. CHAPTER XXXIIII Whether a brother naturall to keepe the Tribes distinguished might marrie his brothers wife or not in Israel or is it meant onely of the next kinsman DEVT. 25. 5. If brethren dwell together and one of them haue no seed c. THe Law is given first to naturall brethren and not to kinsmen onely for the Text saith if brethren dwell together and one of them die and haue no child now what brethren dwelt together are they Numerus cardinalis pro ordinali vnus pro primo as the evening and the morning was one day that is the first day Gen. 1. not naturall brethren and one of them haue no seed that is if the eldest of them haue no seed vnus pro primo And that it is meant of naturall brethren see it by the practise of the people of God for when Er died Onan was bound to raise up seed to him Gen. 38. 9. So Ruth 1. when Machlon the elder brother died without children The second brother was to marrie his eldest brothers wife then the inheritance came to Chilion And when Chilion died without children then his Vncle his neerest kinsman was to succeed and last the brothers children or cousin-germans and he who was to succeed in the inheritance it was he who was bound to marrie his brothers wife wherefore the Law meaneth first of the naturall brother and if there were no naturall brethren then the cousins or next kinsmen were to doe this dutie When the Sadduces propounded the question to Christ that seven brethren married one wife it is meant of seven naturall brethren see Tobit 3. 8. And where it is said Deut. 25. 5. the wife of the dead shall not marrie with a stranger what is that with a stranger That is with one who is not of the familie of him who is dead And first she was bound to marrie with the naturall brother who was not a stranger and if there had not beene a naturall brother then with the next of the kinsmen who was not a stranger Wherfore ijbbam and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are understood first of the naturall brother and then of the next kinsman But it is promised under the Law as a great blessing Object that he should leaue a posteritie behind him and that his name should not be blotted out in Israel But if the brother married his brothers wife then his children were not called his children but his eldest brothers children and so his name was blotted out in Israel and so he might haue set up a pillar as Absalon did for continuance of his name because he had no children of his owne But to haue the name of Iesus Christ continued is a Answ greater blessing To be the father of Iesus Christ according to thâ— flesh a greater blessing to the second brother then to haue children of his owne Psal 72. 19. coram sole filiabitur nomen ejus per successionem filiorum we see what befell Onan because he refused to doe this dutie hâ—e said
of Canaan And Revel 7. 4. of all the Tribes of Israel there were but one hundred and fortie foure thousand sealed in the fore-head And in Ieremies time it was very hard to find one that executed judgement in all the streetes of Ierusalem Ier. 5. 1. There were a few good men at that time as Ieremie himselfe Ebedmelech the Blackmoore Vriah the Prophet and the Rechabites But the most of the rest were naught and if Ierusalem had beene searched few had been found in it And this was a griefe to the Prophet Micah which made him to complaine that hee could not get a cluster to eate Mica 7. 1. meaning that the good men were perished out of the earth The Heathen learned this of the people of God to marke those who were to be saved with the letter â—tau and these that were condemned with the letter â— theta It The heathen marked the condemned with theta and them that were absolved in judgement with taâ— Ascon ped was the custome of the ancient warriors when they returned from battaile he who kept the register of their names marked the names of those who returned safe with the letter tau and the names of those who were wanting with the letter theta the Latines learned this from the Grecians the Grecians from the Egyptians and the Egyptians from the people of God Persius Si potis es vitio nigrum praefigere theta They put not two to death in one day except they The Iewes put not two to death in one day but for the same crime were guiltie of one crime and they giue this example If a man had lien with the Priests daughter he and she were not put to death both in one day because she was guiltie of a greater sinne then he therefore she was to be burnt quicke but he was not to be put to death that day neither was he burnt quicke as she was How came it to passe then that they put Christ and the two theeves to death in one day seing Christ was Quest condemned for affecting the Kingdome and the theeves for theft Christ and the two theeves were condemned Answ for one fault because they were 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seditiosi Mark 15. 7. a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 seditiâ— factio troublers of the peace of the Kingdome and therefore the theife said thou art 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the same condemnation Luke 23. 40. Barrabas was a murtherer and so should haue dyed by 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Effractores the sword but because he made insurrection and troubled the common peace therefore he was to be crucified And the Hebrewes call these perizim effractores and the Rabbins called them listin from the Greeke word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they tooke armes to trouble the peace of the Common-wealth and they used to crucifie all these who troubled the Kingdome and made insurrection CHAPTER XL. Of their Capitall punishments IOSH. 7. 25. And all Israel stoned him with stones and burned them with fire after they had stoned them with stones THere were sundry sorts of punishments inflicted upon malefactors by the house of judgement among the Iewes Some of them were burnt some of them were strangled some of them were stoned and some of them were beheaded and some of them were drowned He that lay with his mother or daughter in law the wife of his sonne or with a maide that was betrothed Who were stoned Deut. 22. 24. Or if a woman bowed downe to a beast Levit. 20. 16. so the blasphemer Levit. 24. 14. and Idolater Deut. 17. 5. So he who offered his seed to Molech Levit. 20. 2. He that had the spirit of divination or was a wizard Levit. 20. 27. He that profaned the Sabbath he that cursed his father or his mother Levit. 20. 9. so the disobedient sonne was stoned to death Deut. 21. 21. He that perswaded or enticed others to Idolatry Deut. 13. 1. all these were stoned to death First the Priests daughter if she committed adulterie Secondly he who lay with his owne daughter Thirdly Who were burne he who lay with his sonnes wife Fourthly he who lay with his daughters daughter or with the daughter of his wiues daughter Fifthly he who lay with his mother in law or with the mother of his mother in law or hee who lay with the mother of his father in law his wife being yet aliue even all these were burnt Iosh 7. 15. He that is taken with a cursed thing shall be burnt with fire and vers 25. all Israel stoned him with stones first he was stoned and then burnt Those who killed were beheaded and those who fell Who were beheaded away to Idolatry The fourth sort of punishment was strangling which was Who were strangled the lightest sort of punishment capital among the Iewes First he who did strike his father or his mother SecoÌ„dly he who stole a man in Israel Deut. 24. 7. Thirdly any old man who hearkened not to the voice of the Synedrion Fourthly a false Prophet and he who lay with another mans wife Fiftly he who defiled the Priests daughter all these were strangled And the Iewes say wheresoever this punishment is set down let his bloud be upon his owne head it is to be understood of stoning but where the phrase is found let him die the death and the punishment not set downe in particular then it is to be understood of strangling But this holdeth not it is said Exod. 21. 12. he that smiteth a man that he die shall surely bee put to death so it is said that the adulterer shall die the death yet he was not strangled but stoned Ezek. 16. 40. Ioh. 8. 45. This strangling the Romanes changed into crucifying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 crucifigere 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Crux 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Arbor 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which was called zacaph crucifigere and the crosse was called zeceph crux and gnetz arbor and the Greekes called it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lignum geminum Lastly drowning Mat. 18. 6. It were better that a milstone were hanged about his necke and that he were drowned 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dimersio in pelagus submersio in the midst of the Sea and the Greekes had 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they were put in a chest of lead and sunke in the Sea as Casaubon sheweth out of Athenaeus What sort of punishment is meant Quest. Gen. 17. 14. he that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Excisio is not circumcised that soule shall bee cut off from his people The Hebrewes expound this sort of punishment diversly Answ Kimchi saith he shall be punished by the Lord but he addeth that he is much mistaken who thinketh that the child not being circumcised is secluded from the life to come Moses Cotzensis thinketh that these who were not circumcised the eight day should dye without children alluding to that place Levit. 20.
34. and the Figge is good to mature a boyle the Lord commanded to lay a lump of Figges to Hezekias boyle Esay 36. For civill uses the Oyle excelleth the Wine and the unguentum militare convâ—vale funebre Figge for by me they honour man Iudg. 9. 9. There is Vnguentum militare wherewith their Kings were anointed to goe out as their Captaines before them to the Battell so David was anointed amongst the midst of his brethren to be their Captaine and King 1 Sam. 16. 13. Secondly there was Vnguentum convivale Eccles 9. 8. Let not Oyle be wanting to thy head and let thy clothes be white And thirdly was Vnguentum funebre as that box of Oyntment which was powred vpon Christs head Math. 26. 12. Now let us consider them in their spirituall uses as The spirituall use of these trees they served for the worship of God vnder the old Testaments the Wine and the Oyle were used in their Sacrifices the Oyle in their Meat-offering and the Wine in their Drinke-offering so in anoynting their High Priests but the Figge had no use in their Ceremoniall worship but in his worship under the Gospel the Wine goeth before the Figge or the Oliue for it is the signe of our Lords bloud in the Sacrament The Oliue the Vine and the Figge tree fitly represent These trees fitly represent a good King a good King the Oliue for his fatnesse to cure and heale their wounds Esa 3. 7. Non ero Hhobhes I will not be a healer The Seventie translateth it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ligator vulnerum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ligator vulnerum it is the part of a good Prince to powre Oyle in the wounds of his wounded Subjects Secondly the Figge tree for his sweetnesse representeth a good King 1 King 12. 7. If thou wilt be a servant unto this people and serue them this day then they will serue thee for ever So David spake mildly and sweetly to the people 1 Chron. 28. 2. Heare me my brethren and my people Thirdly the Vine-tree representeth a good King the Wine gladdeth the heart so the light of the Kings countenance is life and his favour is a cloud of the latter raine Prov. 16. 15. When these trees which were excellent for their fruit Three refused the Government Debora Gideon and Iephthe had refused the Government then they made choise of the Bramble for their King the Bramble represented a bad King First the Bramble bringeth forth no fruit Secondly the Bramble hath no shadow to shadow the The many evils which the Bramble brought with it rest thirdly Rhamnus the Bramble is full of prickles whatsoever it toucheth it holdeth fast and it maketh bloud to follow it was with this sort of thorne wherewith Christ was crowned the Italians call it Spina sancta Fourthly the fire came from the Bramble and did not onely burne the shrubs of the field but also the Cedars which were tall which might haue seemed to be exempted from this tyrannie The Persians said of Cyrus their King that he was their Father and Darius their King was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a Vintner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who sold them but Cambyses their King was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their Lord who hardly ruled over them The conclusion of this is a good King is much to be Conclusion honoured for the great good he doth to his Subjects First he is the head of the people and as all the members of the body will hazard themselues for the safetie of the head so should the subjects for the safety of their Prince Secondly he is the Shepheard and the Subjects are his flocke but who feedeth a flocke and eateth not of the milke 1 Cor. 9. 7. Thirdly he is the husband and his Subjects are his wife and therefore she is called a widow when she wanteth her King Lament 1. 1. What great lamentation doth a widow make when she wants her loving husband Iosias then she poured her liver out vpon the ground her eyes failed with teares and her bowels were troubled Lament 2. 11. Last the Prince is the soule and the Subjects are the bodie and the body should doe all things for the good of the soule he is the breath of our nostrils Lament 4. 12. We see how many obligations the Subjects owe to their King CHAPTER III. Why was God angry with them for choosing of a King 1 SAM 8. 7. And the Lord said unto Samuel hearken unto the voice of the people in all that they say unto thee for they haue not reiected thee but they haue reiected me that I should not reigne over them KIngly Government being the best Government God was not angry simply with the Iewes for choosing of a King but because they prevented the time why was the LORD then angry with the Iewes for choosing of a King He was not angry with them simply for desiring and choosing a King but for the manner of their choise for God was minded to haue given them a King but they would not stay the Lords leasure but anticipated the time therefore the Iewes say of them comederunt immaturam uvam the grape was not ripe enough as yet wee may see that God was minded to haue given them a King Deut. 17. because he telleth them what sort of King they should choose and what he should doe and they say that he gaue them three things in commandement Three things given in commandement to the Iewes when they entered into Canaan when they entered into Canaan first to choose a King secondly to roote out the Canaanites and thirdly to build a Temple for his worship God was angry with them that they sought a King so long as good Samuel ruled over them he was angry with them because they would haue a King to reigne over them after the manner of the Nations Deut. 17. 14. I will set a King over me like all the Nations round about me but thou shalt set them over thee whom the Lord thy God will choose If they had said to Samuel giue one to reigne over us after thy death because thy children are corrupt 1 Sam. 8. 3. or giue us one who may governe us in equitie this had beene no offence to God but simply to desire a King like the Kings of the Nations this was their sinne and herein they rejected not Samuel but God himselfe 1 Sam. 8. 7. How was God rejected when they chose a King Quest seeing Kings reigne by him Prov. 8. and the Kings throne is Gods throne 1 Chro. 29. 23. 1 King 2. 15. The Lord did reigne over them in both these sorts of Answ Government but when the Iudges commanded and ruled them they had not such an absolute Government The Iudges had not such absolute government over the people as the Kings had as when the Kings reigned over them the Iudges might make no Lawes nor take tribute of the people as the Kings
might doe therefore the Lords immediate Government did more appeare when the Iudges ruled them Iudg. 8. 23. I will not rule over you neither shall my sonne rule over you the Lord shall rule over you And when they rejected Samuel here they said in effect as the Iewes said when they disclaimed Christ We will haue no King to reigne over us but Caesar Ioh. 19. 15. When the Iudges Gods power did more appeare when the Iudges ruled but his goodnesse and mercie appeared more when the Kings ruled ruled over them then Gods power did more appeare helping them by weake meanes but when the Kings reigned over them then Gods wisedome and his goodnesse did more appeare in setling a government amongst them and making their Kings types of Christ And as in Gods miracles his power did more appeare but in his ordinary course working by nature his wisedome and goodnesse appeared more so in these two formes of Government his power did appeare more when the Iudges ruled over them but in setling the Kingly government amongst them his goodnesse and his wisedome did more appeare The conclusion of this is happie is that Kingdome Conclusion when the King reigneth a me per me propter me a me when he is sent by the Lord per me when he is sustained and upholden by the Lord and propter me when he serues to glorifie God in his Kingdome CHAPTER IIII. What Samuel meaneth by Mishpat Hammelech 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 1 SAM 8. 11. And he said this will be the manner of the King that shall raigne over you c. KIMCHI saith whatsoever is set downe in this Text it is lawfull for the King to doe it and therefore he interpreteth Mishpat Melech 1 Sam. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lex Regis 8. 8. This shall be the Law of the King or this is the thing which the King may doe by the Law the Chaldie Paraphrast paraphraseth it Nimusa a Law Maymone expoundeth the words in this wise he shall 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lex chaldaicè take your Beasts at the Kings price and your Oliues and your Vines for to maintaine his servants in the Rambamfilius Maymone Warres and he saith in necessitate omnia pertinent ad jus regis sed extra necessitatem non pertinent But this is not the meaning of the place The Lord is describing here to them that King which Samuel describeth a tyrant and not what a King may lawfully doe he is to giue to them in his wrath and not what a lawfull King may doe and Mishpat here signifieth not a Law but the manner and custome of him who should doe such things as 1 Sam. 2. 13. And the Priests Mishpat custome was with the people to take the flesh of the sacrifice that did not belong to him Here it cannot be translated it was the Priests Law for it had beene sacrilegious theft in the Priest to haue taken any part of the sacrifice but that which was due to him So this should be the Mishpat or custome of this King whom God sent in his wrath that he should take any thing which he pleased from them although it had not beene for necessary uses but 1 Sam. 10. 25. the word Mishpat is taken in another 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Lex Regni sense then Samuel told the people Mishpat Hammelocha the law of the Kingdome and laid it up before the Arke Here Mishpat is taken in another sense how the King should rule the Countrey and this Booke Samuel laid up before the Arke but this Mishpat was not laid up before the Arke but was set downe as a punishment for that people Now that this King which Samuel describeth unto them whom God sent in his wrath might not doe Reasons prooving that he was not a lawfull King who is described here these things to his Subjects by lawfull authoritie the reasons are these First God gaue them this King in his anger and tooke Reason 1 him away in his wrath Hos 13. 11. Which cannot be said of any King in whom there is but the least sparkle of goodnesse Secondly He will take your Cerem not onely your Reason 2 Vines 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but also your Vineyards as Ahab tooke Naboths Vineyard whereas David bought from Arauna the Iebusite the ground to build the Temple on Thirdly He will take their tithes either he will take Reason 3 these tithes from the Priests and that had beene sacriledge or else he will tithe the people over againe and that had beene too hard a burden for them Fourthly He will make your young men slaues Reason 4 and your young women drudges The Kings of Israel made no free men slaues but the good Kings of Israel never did so they set not the Israelites to any servile worke 2 Chron. 2. 17. And Salomon set the Israelites to be overseers over the worke of the Temple but he set Strangers to doe the servile workes When the Holy Ghost describeth a good King he calleth him Nadibh and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the New Testament 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Bountifull Lord Luk. 22. In what Kings Quest were these punishments accomplished The Iewes hold that they were not all accomplished in one King Answ some of them were accomplished in Rehoboam 1 King 12. 16. some of them in Ahab 1 King 21. and some in Omri Micah 6. 16. The Conclusion of this is a good King seeketh not Conclusion theirs but them therefore good subjects should answer as an Echo We and ours are thine and the good King or Nadibb will answere I and mine shall be ever for you my 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Princeps à manificentia at liberalitate sic dictus people When the Master sendeth his servant away with his reward and the servant doth his dutie faithfully then it is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Mat. 20. 2. CHAPTER V. A Difference betwixt the Election of Saul and the Election of David 1 SAM 13. 14. The Lord hath sought him a man after his owne heart FIrst Saul was chosen but out of the tribe of Benjamin but David out of the tribe of Iuda and the Kingdome was intailed to him and his posteritie but not to the posteritie of Saul In Christs genealogie none is called a King but David onely Secondly Saul was chosen by lot but David more Saul was chosen by lot David immediately immediately by God and even as Matthias when he was chosen by lot his calling was not so solemne as Pauls was so neither was the calling of Saul so solemne as was the calling of David Non tam misit Deus Saulum quà m permisit populo Thirdly when he speaketh of David he saith 1 Sam. 13. 14. Quaesivi Bikkesh est diligenter inquirere Cant. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 diligenter inquirere Exod. 4. 19. 2 Sam. 22. 33. And he was as glad in finding of him as the Widow was when