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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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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