Fifty Sermons Containing the Chief Points of the Christian Religion, Sermons 2 · Decade 3 · Sermon 7
¶ Of the Iudiciall lawes of God.
The ſeuenth Sermon.
IN proſecuting the treatiſe of Gods laws, I hauehave now laſtly to ſpeake of that ſorte whiche are called the Iudiciall lawes: of which I will intreate, dearely beloued, as briefely as I can, ſo farre foorth as I ſhalbe perſuaded to be expedient for your edification. This treatiſe wil not be vnpleſant nor vnprofitable The Iudiciall lawes are profitable.to eueryevery zealous hearer, although it doeth ſpecially belong to courtes of lawe, where iudgement is exerciſed. For the Iudiciall lawes were with wonderfull faith and diligence ſet out of God by the miniſterie of his ſeruaunt Moſes: and God is not wont to reueale anye thinge to mankinde with ſo preciſe and exquiſite diligence, vnleſſe it doe directly tende to mankindes greate commoditie.
Nowe although theſe Iudiciall lawes are verie fewe in number, and not to be compared in multitude with the huge volumes of the lawes and decrées of Emperours, Kinges, and wiſeſt Sages, yet do they in their ſhort breuiarie conteine the chiefe poyntes of iudgement and iuſtice, & in effect as muche almoſt as is conteined in ye bookes of the lawes and conſtitutions of the Emperours and ciuil lawyers. The good Lorde would not by too long and burdenſome a packe of lawes be too burdenous and troubleſome vntounto his people: neither was it néedefull ouer curiouſly to ſticke vppon eueryevery ſeuerall thought of yll diſpoſed perſons: it is ſufficient for all wiſe men, people, and nations, if eueryevery one hauehave ſo muche lawe as is ſufficient for the conſeruation of peace, ciuil honeſtie, and publique tranquillitie: as all the holie Scripture witneſſeth that the people of Iſrael had.
Nowe theſe Iudiciall lawes are the moſte auncient, and verie founteines Moſt auncient laws.of all other good lawes, which are to bee founde all moſte in all the worlde.
Moſes was before all other lawegiuers that were of name and authoritie: among whome Mercurius Triſmegiſtus & Rhadamanthus y• L… cian are thought to be the eldeſt.
The Aegyptians called their Mercurius by the name of Thoth, who, as Lactantius affirmeth, ſlue Argus that had ſo many eyes, and vponupon the murther He was called Diphyes, that is, Geminus or duplicis naturae, bicauſe hee firſt ordeined matrimonie among the Graecians: His image was made with two faces, or two heads.flead into Aegypt. Nowe Argus and Atlas liued about the time of Cecrops Diphyes. And Cecrops is reported to hauehave béene in the ſame time that Moſes was. Radamanthus alſo is ſuppoſed to hauehave liued after ye dayes of Ioſue Moſes his ſeruaunt and ſucceſſour. But the moſte famous lawegiuers of the greteſt and moſt aunciēt natiōs did follow long after ye death of Moſes, Draco and Solon among the Atheniens, Minos with the Cretians, Charondas of the Tyrians, Phoronaeus to the Argiues, Lycurgus to the Lacedaeinonians, Pythagoras to the Italians, Romulus and Numa vntounto the Romanes, Plato writt of lawes a little before the reigne of Philipp king of Macedon and father to Alexander the greate. And Cicero 2. lib. de legibus ſaith: I ſee therefore that the opinion of the wiſeſt ſorte was, that lawe was neither inuented by mennes wittes, nor yet was the decree or ordinance of people, but a certein eternal thing ruling the whole world with diſcretion to commaund, or for bidd, to do, or leaue vndone. So they The latine copie hath mentem Dei, for the whiche I call the wiſedome of God.ſaide that that chiefe and higheſt law is the wiſedome of God, which commaundeth or forbiddeth all things by reaſon. Whereupon that law, which the Gods hauehave giuen to mankinde, is rightly commended: for it is the reaſon and diſcretion of the wiſe whiche is able either to commaund or elſe forbidd, and ſo foorth. Therefore the Iudicial lawes of God are commended vntounto vsus, not ſo much for their antiquitie, as for the authoritie whiche they hauehave of God.
Nowe, that wee may plainly and To …udge.diſtinctly diſcourſe vponupon this matter, ye hauehave to marke, that to iudge is an a …udg…, … and the … what … be.action: and in this treatiſe is taken for an action done in the courtes of iudgement: for it ſignifieth to take vp and determine of matters betwixt ſuch as be at variance, or elſe vppon ye bearing of a cauſe to giuegive ſētence or iudgement. Finally, to iudge doth ſignifie to deliuer them that be in daunger, to relieue the oppreſſed, to defend the afflicted, and with puniſhement to kéepe vnderunder miſchiefous offendours. Iudgement therefore is not the ſitting or méeting of Iudges in Aſſiſes or Seſſions: but is rather the very diligent diſcuſſing of cauſes, the giuing of ſentence accordinge to right and equitie by the lawes of God, and alſo the aſſertion and defence whereby the good are deliuered, and the puniſhmēt that is executed vppon the yll diſpoſed and wicked offendours. The Iudges are the ouerſéers of iudgement & iuſtice, I meane, ſuch as doe iuſtly according to the lawes giuegive ſentence be twixt them that are at diſcorde, which do defende and deliuer the good, and puniſh and brydle the wicked. And ſo ye Iudicial lawes are thoſe which informe the Iudges howe to determine of controuerſies and queſtions, howe to Iudge iuſtly, how to puniſhe the wicked, and howe to defend the good, that peace, honeſtie, iuſtice, and publique tranquillitie may be among all men: which is the ende and marke alone whereto both the Iudge, and all the Iudiciall lawes do tende and are directed. For God our good Lord and lawegiuer would hauehave it to go well wt man, that we may liue happily, ciuilie, and in tranquillitie. And therfore we do not in this treatiſe exclude the care and defence of pure religion, but do make it one of the eſpeciall poynts, which the Iudiciall lawes do looke vntounto.
And now euen as the ceremoniall lawes, ſo alſo are the Iudiciall lawes The Iudi…iall lawes belong to the tenne commaundements.added by God vntounto the ten cōmandements, to expounde & confirme them therewithall. For the precepts of the ten commaundements are the chiefe & principall preceptes, whereunto wée muſt referre all lawes, as to the eternall minde or will of God. I think I néede not to ſtande and ſhewe you (dearely beloued) to what precepts of the ten commaundements eueryevery ſeueral Iudiciall lawe is to be referred. For that is verie plaine and euident to eueryevery one that will take but ſmall paynes to conferre and laye them together. For the Iudiciall lawes that are ſet out againſt murther and iniurie, are apperteining to this precept: Thou ſhalt doe no murther. And whatſoeuer is ſpoken againſt adulterie, fornication and filthie luſtes, are added to the commaundement: Thou ſhalt not committ adulterie. Likewiſe, whatſoeuer is ſaide in the Iudiciall lawes againſt deceipts, ſhiftes, couſinings, and vſurie, doe belong to the commandement: Thou ſhalt not ſteale. Laſtly, all the lawes touching the brideling of heretikes and ſuppreſſing of Apoſtataes by force, are ſet downe to make plaine the firſt, ſeconde, thirde and fourth cōmaundements of the firſte table. For ſome lawes may be applyed to more precepts than one of the ten cōmaundements. But this is eaſie and plaine to be perceiued of eueryevery man: therefore I will not ſtande any longer about it.
Nowe, for becauſe the Iudiciall lawes do firſt of all require Iudges, The lawes … i…dges.ſuch, I meane, as ſhould mainteine & put the lawes in execution (for the lawes without executours ſéeme to be dead, and on the other ſide are aliue vnderunder a iuſt magiſtrate, who is for y• cauſe called the liuing lawe) therefore before all other lawes are placed thoſe Iudicial lawes, which were giuen by God touching the magiſtrate or Iudges, with their office and election. Of their election thus we reade: Bring ye, ſaith Moſes to the people, men of wiſedome, and of vnderſtanding, and expert, according to your tribes, and I will make them rulers ouer you. Againe, I will make thee rulers and Iudges to iudge the people according to thy tribes in all thy cities, which the Lorde thy God giueth thee. And yet againe more plainly: Seeke (ſaith Ieth…o, being inſpired from aboue, vntounto Moſes) out of all the people, men of courage, and ſuche as feare God, true men, hating couetouſneſſe, to wite, ſuch as hate to take money and bribes▪ and make of them ouer the people, rulers of thouſands, rulers of hundredes, rulers of fifties, and rulers of tennes: and let them iudge the people at all ſeaſons. Which if thou doeſt thou ſhalt both keep the ordinances of God, and the people in peace and ſafetie. To this doth belōg that which we reade in ye booke of Nū bers, where Moſes prayed, ſaying: Let the God of the ſpirits of al fleaſhe ſet a man ouer this congregation, which may go out and in before thē: that the congregation of the Lord be not as ſheepe without a ſhepehearde. Herein Moſes hath leaft an example for vsus to imitate in making our prayers to God for the election of our Iudges. For often times our opinions or iudgements of men do vtterly deceiue vsus. But the God of ſpirites doth behold the mindes and heartes, & kneweth what eueryevery one is, in thoughtes and inward meaning. He therefore muſt be beſought to giuegive and ſhewe to vsus not hypocrites to be our Iudges, but men of trueth and vertue. In the ſame place doth Moſes leaue to vsus the deſcription of conſecrating newe choſen Iudges. For they were ſet before the Lorde and handes were laide vponupon them with making of prayers & ſupplications. Moreouer the office of Iudges is verie briefely, but yet in moſte effectuall and abſolute ſentences deſcribed of the Lord, by ye mouth of Moſes, in theſe wordes: Heare the cauſes of your brethren, and iudge righteouſely betwixt eueryevery man and his brother, and the ſtraunger that is with him. Ye ſhal hauehave no reſpect of any perſon in iugement: but heare the ſmall and the greate alike: and feare not the face of any man: for the iudgement is Gods. Againe: Iudge the people with iuſt iudgement. Decline not in iudgement, hauehave no reſpect of perſons, neither take thou any bribes: for rewardes do blinde the eyes of the wiſe, and doeth peruert iuſt cauſes. Doe iudgement with iuſtice, that thou mayſt liue & poſſeſſe the land which the Lorde thy God ſhal giuegive thee. And againe: Do no vniuſt thing in iudgement, accept not the face of the poore, neither feare thou the face of the mightie, but iudge thou iuſtly vntounto thy neighbor. Againe: Thou ſhalt not hauehave to doe with a falſe reporte, thou ſhalt not followe a multitude to doe euil, neither ſhalt thou ſpeake in a matter of iuſtice according to the greater number for to peruert iudgement: that is, if thou ſéeſt an innocent to be condemned of the multitude, do not thou therfore condemne him, becauſe the multitude hath condemned him, but iudge thou iuſtly, and committ not euil becauſe of the many voices of the multitude. Thou ſhalte not eſteeme a poore man in his cauſe: neither ſhalt thou hinder the poore of his right in his ſuite. Keep thee farre from a falſe matter, and the innocent and righteous ſee that thou ſlaye not. Thou ſhalt not oppreſſe the ſtraunger: ſeeing ye your ſelues were ſtraungers in the …and of Aegypt.
And God verily, when he had deliuered The … King … of ….the people from the tyrannie of the kings of Aegypt, did not putt them in ſubiection to kinges againe, nor burden them with the tributes, which kings are wont to exact of their ſubiects: for he made them a common weale or an Ariſtocracie, which was the moſte excellent kind of regiment, wherein the choiceſt men in all the multitude were piked out to beare yt ſwaye, and to rule the reſt: but yet becauſe hee was not ignorant of his peoples fooliſheneſſe, and that they being wearie of their libertie woulde craue a king (which thing he did afterward alſo diſuade them from by his ſeruaunt Samuel) he made lawes 1. Sam. ….for a king alſo, that hee might vnderſtand that he was to liue vnderunder the lawes, and to giuegive iudgement according to the lawes. The diſcipline or inſtitution of a king is thus expreſſed in the 17 Chapter of Deuteronomium.
Whē thou art come into the land, which the lord thy God giueth thee, and ſhalte ſaye, I wil ſet a king ouer mee, like as all the nations, that are about me: then thou ſhalt make him king ouer thee, whome the Lord thy God ſhall chooſe. One from among the middeſt of thy brethren ſhalte thou make king ouer thee, and thou mayeſt not ſet a ſtraunger ouer thee, which is not of thy brethren. But he ſhall not gather many horſes vntounto him ſelfe: nor bring the people back againe into Aegypt, to increaſe the number of horſes, that is, to get him ſelfe a ſtrong troope of horſe men: for as much as the Lorde hath ſaide: ye ſhall hencefoorth go no more againe that waye. Alſo let him not take many wiues to him ſelfe, leaſt his heart turne awaye: neither let him gather too much ſiluer and golde. And when he is ſett vppon the ſeate of his kingdome, he ſhall write him out a copie of this law in a booke, according to the copie of the booke, which the prieſtes the Leuites do vſe: and it ſhalbee with him, & he ought to reade therein all the dayes of his life, that hee may learne to feare the Lorde his God, and to keepe all the woordes of this lawe, and theſe ordinaunces, for to do them. And let not his hart ariſe aboue his brethren, neither let him turne from the commandement either to the right hand, or to the leaft, that hee may prolong his dayes in his kingdome, both hee and his ſonnes in the middeſt of Iſrael.
Thus much hitherto of the magiſtrates, of Iudges, and of kinges. Nowe I ſuppoſe that in this inſtitution of a kinge all thinges are conteined, which are moſte largely ſet out by other authors, touching the diſcipline and education of a Prince. And by the waye this is eſpecially to bée noted, that Kinges are not ſet as Lordes and rulers ouer the worde and lawes of God, but are as ſubiectes to bee iudged of God by the worde, as they that ought to rule and gouerne all thinges according to the rule of his worde and commaundements.
And here I hauehave to rehearſ… vntounto you ſome of the Iudiciall lawes, I meane not all and eueryevery ſeueral one, but thoſe alone which are the chiefe & choiceſt to be noted: by which ye may conſider of the reſt, and plainly perceiue that the people of Iſrael were not deſtitute of anye lawe, which was neceſſarie and profitable for their good ſtate and welfare. I will recite them vntounto you as briefely as may bee, and in as naturall and playne an order as poſſibly can bée.
Of the holie buyldings, of the not makinge awaye of ſuch thinges as Holy thinges.were conſecrated to the Lorde, and finally, of the mainteining and publiſhinge of true religion, there is large ſpeache eueryevery where throughout the whole Scripture.
Neither do I thinke it to be greatly to the purpoſe worde by worde to recite all the lawes, nor particularly to make mencion of all the commandments touching thoſe matters. Verily of the Heathen, and of the ouerthrowing of their Temples and ſuperſtitious holie toyes, this commaundement is briefely giuen by the Lord him ſelfe.
When the Lorde thy God hath caſt out many nations before thee, thou ſhalt roote them out, neither ſhalte thou make league with them, nor pittie them, nor ioyne affinitie with them: becauſe they will ſeduce thy ſonnes to ſerue ſtraunge Goddes, and ſo my furie waxe hoate againſt thee, and I deſtroy thee.
But this ſhalt thou do to them, ye ſhall digge downe their altars, ye ſhall breake their idoles, ye ſhall cut downe their groues, and burne their images with fire. For an holie people arte thou vntounto the Lord thy God, & the Lord thy God hath choſen thee to be a peculiar people vntounto him ſelfe.
The ſame lawe is ſet downe in ye …dolat…ie23 of Exodus, and is againe repeated in the twelfth of Deuteron. Herevnto belong the laws that were publiſhed againſt idols and images. In the ninetéenth of Leuiticus the Lorde ſaith: Looke not backe to idoles, neither make you moulten Gods. I am the Lord your God. Alſo in the 26 Chapter: Ye ſhal make you no idols nor grauen Image, neither reare you vp any piller, neither ſhal ye ſet you vp any Image of ſtone in your lande to bow downe vntounto it: for I am the Lord your God. Againe in the 16 of Deuteronomie: Thou ſhalt plant no groue of any trees nighe vntounto the altar of the lord thy God: neither ſhalt thou ſet thee vpp any image, which the Lord thy God hateth. There are beſide theſe alſo many other lawes to this ende and purpoſe in eueryevery place through all the volume of the Scriptures.
Of the well handling and entreating The pooreof the poore, of widowes, of orphanes, and ſtraungers the Lorde giueth this commaundement: Ye ſhall not afflict the widowe nor the fatherleſſe. But if ye goe on to afflicte them, without doubt they ſhall crye to mee, and I wil aſſuredly heare thē, and wil be angrie with you, and wil ſlaye you with the ſworde, and your wiues ſhalbee widowes, and your children fatherleſſe. To this beelongeth a good parte of the fiftéenth Chapter of Deuteronomie.
In the 24 Chapter the Lorde ſaith: Do not peruert the iudgement of the ſtraunger, of the fatherleſſe, and of the widowe. Remember rhat thou waſt a ſtraunger in the lande of Aegypt.
Of the receiuinge and refuſinge of …tneſſe … wi…nes …rings.witneſſes, and their witneſſe bearings in iudgement, theſe fewe notes are giuen in the lawe. One witneſſe ſhall not bee of force againſte a man, whatſoeuer his ſinne or offence ſhall be: but in the mouth of two or three witneſſes, ſhal eueryevery worde bee eſtabliſhed. If a falſe witneſſe riſe vp againſt a man to accuſe him of treſpas, the Iudges ſhal make diligent inquiſition, and if they finde that the witneſſe hath borne falſe witnes againſt his brother, then ſhal they do to him as he had thought to hauehave don to his brother, & thou ſhalt put euil awaye from out of the middeſt of thee.
Nowe for the othe which the Iudges hauehave to exact, or they that are at variance, or elſe the witneſſes hauehave to take, that doth the Lord commaunde to be done, by the calling to recorde of his holy name, and that too of none other but his name alone. Deuteron. 10 &c.
Moreouer, that in effect is a kinde of appeale, where Moſes doeth ſo often …bidd the Iudges in an hard and doubtfull matter to hauehave recourſe vntounto the high prieſt, and ſo, as it were, to God him ſelf, or the Oracle of God for the declaration of the ſame: as is to be ſeene in the eyghtéenth Chapter of Exodus, and in the firſte, and ſixtéenth Chapter of Deuteronomie.
Of lawfull wedlocke, againſt inceſtuous and vnprofitable marriages, …and alſo of the degrées of conſanguinitie and affinitie there are exquiſite precepts as well in the eyghtéenth Chapter of Leuiticus, as alſo in other places of the bookes of Moſes. Verily where lawfull marriages are not, there is no matrimonie: therefore the children, that are ſo borne, are counted baſtardes: neither is there for them any dowries or inheritance.
The Lord in many places of his lawe doth charge parents to bring vp their children honeſtly, and to inſtruct Parents & children.them in the feare of God. Among the reſt he ſaith: The wordes which I commaunde thee this daye, thou ſhalt ſhewe vntounto thy children, and ſhalt talke of them when thou arte at home in thine houſe, and as thou walkeſt by the way, and when thou lyeſt downe, and when thou riſeſt vp. And thou ſhalt bind them for a ſigne vppon thine hand, & they ſhalbe as frōtlets betwixt thine eyes, and thou ſhalt write them vponupon the poſtes of thine houſe, and vponupon thy gates &c.
Againe, for the honouring, reuerencing, and nouriſhing of parents, there are not in the morall onelyonly, but alſo in ye Iudiciall lawes ſome things ſet downe, wherein the honour and duetie to be giuen to parentes is diligently commended to all ſortes of people. Of which I will ſpeake whē I come to treate of parricidie, vnderunder which title I do comprehend the euill handling, and naughtie demeanour of men to their parents.
Nowe howe greate the authoritie of fathers ouer their children was, Of the power and authoritie of fathers.we may coniecture by that eſpecially, where, in the 21 of Exod. it is permitted to the father, that is in pouertie, to ſell his daughter. Againe, in an other place leaue is giuen to the father either to denye, or elſe to giuegive his deflowred daughter in marriage to him, that did defile her. And againe, it was in the fathers power to breake the vow which the childe had made without his knowledge or conſent: Numerie 30. But that to diſinherite the Diſinheri…ing.children (if the children had not deſerued it, but that ſome corrupte affection had blynded the parents) laye not in the power or will of the parents, that lawe doth ſhew, which is publiſhed in the twentie one Chapter of Deuteronomie, and doth forbidde the father to place the ſeconde in the right of his eldeſt or firſte begotten ſonne.
Concerning the comming to inheritance Inheritaunce.and the ſucceſſion of goods, or the lawfull ſucceſſion by kindred, there is a preciſe law in the 27 Chapter of the booke of Numbers. There is ſett downe the caſe of the daughters of Zelphad, who did requeſt that their fathers name ſhould not be wiped out, but that their fathers inheritaunce and name might be giuen vntounto, and ſtil remaine with them, vponupon that occaſion was the lawe made, that if the ſonnes did dye, the heritage ſhould be conueyed ouer and giuen to the daughters, or at leaſte wiſe to thoſe that were néereſt of affinitie. And thereunto belongeth the lawe of rayſing ſéede vntounto the deceaſed brother, and the whole 26 Chapter almoſt of the booke of Numbers. VponUpon this lawe alſo doeth hang the right which commeth by adoption.
Furthermore of whoredomes, adulteries, and the rauiſhing of virgins, Whoredomes & adulteries.there are many profitable, honeſt, and hoalſome lawes. In the thirtéenth of Deuteronomie, it is ſaide: There ſhalbe no whore of the daughters of Iſrael, nor whoremonger of the ſonnes of Iſrael.
And in the ſame plac… he forbiddeth to bring oblations which are the price of an harlots hire. In Leuiticus charge is giuen ſaying: Set not out thy daughter for hyre to make her playe the harlot, leaſt the lande be defiled and filled with ſinne.
Therefore in the 22 of Deuteronomie, the mayde that was deflowred, and yet feigned her ſelfe to bée a virgin ſtill, when ſhée was giuen to an huſbande, was commaunded to be ſtoned to death before the dores of her fathers houſe: to the end that parents beeing terrified with ſo grieuous a thing might be ſtired vp to looke more warely vntounto their children. In the 22 of Exodus this lawe is giuen: If a man entice a maide that is not betrothed, and lye with her, hee ſhall endowe her and take her to his wife. There are moſte ſharp lawes againſt whoredomes and adulteries: Deuter…nomie 22. For there adulterers are puniſhed with death.
The ſame puniſhement was appointed for him that did by violence rauiſh a virgin. For ſuſpicions and ielouſie there are rules giuen in the fifth Chapter of Numeri. Againſt deteſtable, vnlawfull and altogether diueliſh luſtes, there are moſte ſeuere and yet moſte iuſt lawes expreſſed, as againſt moſte ſilthie inceſt, abhominable Sodomie, horrible and vnnaturall buggarie, and ſuch ſinnes as God hath curſed, and are not once worthie to be named among men. Leuit. 8. & 20. Chapter.
Diuorcementes and ſeparations were permitted by the lawe in the Diuorcements.24 of Deuteronomie, for nothing elſe but for the hardneſſe of the Iewiſhe peoples heartes, and for the auoiding of ſome greater inconuenience, to wite, leaſt peraduenture any man ſhoulde poyſon, ſtrangle, or otherwiſe kill the woman his wife, which he hated, when hee coulde by none other meanes ridde his handes of her.
And they that were in that maner diuorced, might at their pleaſures be married to others.
Moreouer, that iuſtice might bée The diuiſ…on of goods.mainteined, and that eueryevery man might inioye his owne, in the lawe there was charge verie diligently giuen, for the diuiſion of thinges, for the partition of the lande of promiſe by equall portions, and for the peculiar poſſeſſion of proper goods, that to eueryevery tribe poſſeſſions might bee giuen by lott, and that no man ſhould by any meanes make awaye the poſſeſſions, which were giuen him. For hereunto belongeth that, whiche is ſpoken by Moſes in the 32. 33. 34. Chapters of the booke of Numbers, and often times in other places alſo.
And yet notwithſtanding this law was nothing preiudiciall to traffique Buying & ſelling, &▪by exchaunge. For there were many and verie vpright lawes publiſhed for buying and ſelling, for letting and hiring, for borrowing and lending, for vſurie and thinges leafte in cuſtodie. Whoſoeuer deſireth to ſee the places in the lawe, he ſhal hauehave them in the 25 of Leuiticus, in the 22. of Exodus, and in the fiftéenth and twentie thrée Chapter of Deuteronomium.
And I ſuppoſe that to this is to bée referred the lawe, which is giuen cō cerning pawnes or pledges: If thou … pledges.haſt taken thy neighbours garment to pledge, thou ſhalt reſtore it him againe before the Sunne be ſett. For that is his onelyonly couering: that is, it is the garment wherewith he couereth his fleaſhe, and wherein he ſléepeth. For it ſhal come to paſſe, that if he crie to mee, I will heare him: becauſe I am mercifull. Againe, Thou ſhalt not take the neather or vpper milſtone to pledge: for he hath layde that, whereon he liueth, to pledge to thee.
The lawes for thinges leaft in cuſtodie or committed to the credite of Thinges left in c… ſtodie.another man, and for takeinge of ohters, commaundeth eueryevery man to make true reſtitution of the thinge, which was giuen vntounto him to kéepe. But if it were ſtolen awaye from him, to whome the cuſtodie of it was committed, then, he that kept it ought to purge him ſelfe by an othe before a Magiſtrate, to ſhewe that he conſented not to the conueying of the thinge away. The ſame order is commaunded to bee obſerued in thinges borrowed, that are loſt, or otherwiſe broken: as is to be ſéene in the 22 Chapter of Exodus.
And for becauſe it is manifeſt that no ſmall parte of the goods of the auncient Iſraelites did conſiſt in ye multitude Bondage.of bondmen, therefore the law of God doth ſticke long vppon the diſcourſe of bondage and bonomen, and of the bynding and manumiſſion of them. And yet it doth diligently commaund to handle bondmen mercifully like men, and eueryevery ſixte yeare to ſet them frée from ſlauerie. But if it ſo fell out, that at the ſixte yeares end, any bondman were deſirous to ſtaye ſtill in his maiſters houſe, hee was permitted ſo to do, vppon condition that his voluntarie bondage ſhould Mancipation.be cōfirmed by the ceremonie of Mancipation, to wite, that the bondman beeinge brought before the Iudges, ſhoulde there teſtifie that hee woulde ſerue in bondage voluntarily, and thereuppon the nether lap of his care ſhould be boared with an aule and faſtened to the dore. And that was the ſigne or token of faith and obedience. For Dauid alluding therevnto did ſaye that ye Lorde had boared through his eare, that is, that by faith hee had bound him to obedience.
Moreouer the Lorde did in theſe Manumiſſ…n▪lawes limitt out the time of bondmēs manumiſſion, becauſe the Lordes of bondmen ſhoulde not vſe them ouer cruelly for their gaine and commodities ſake: al which are at ful ſet down in the 21 Chapter of Exodus: we muſt alſo referre that to the clemencie that ought to be ſhewed to ſeruants, wheras in the 23 Chapter of Deuterono. it it ſaide: Thou ſhalt not deliuer vntounto his maiſter the ſeruaunt, which is eſcaped from his maiſter vntounto thee: but let him dwell in any place wherunto he is fledd. And yet manſtealing is moſte ſharpely forbidden. Now they Plagium.committ the offence called Plagium, ye is to ſaye, manſtealing, whoſoeuer do entice other mennes bondmen to runne from their maiſters, or which do by theft or robberie ſteale other mennes ſeruaunts, whom they do either kéepe to them ſelues, or elſe ſel to others. Againſt ſuch this lawe is giuen: Whoſoeuer ſtealeth a man and ſelleth him, if he be conuinced of the crime, let him dye the death. And the ſame lawe is againe repeated in the 24 of Deuteronomium.Baſtardes
Of frée men little is ſaide in the lawe, but they were exempted from bearing office in the common wealth, which were knowen to be harlots children, whoſe fathers no man knowe. Straungers alſo, as the Amonites & Moabites were vtterly barred from rule and authoritie in the Iſraelitiſhe weale publique. Deuteronomium 23.
All deceipte, couſening, robberie, ſhiftings, and ſubtile craftes are flatly forbidden in the law vnderunder the title of theft. For in the 19 of Leuit. wée read: Ye ſhall not ſteale, nor deale falſely, nor lye one to another. And in the ninetéenth of Deuteronomie: Thou ſhalt not remoue thy neighbours meereſtone.
In the 22 of Exodus the Lord doth Theft and deceit▪puniſhe thefée with foure or fiuefolde double reſtitution: which whoſoeuer Reſtitutiō.did not perfourme, he was ſolde and brought into extreme bondage. But if the ſtolen thing were founde with the théefe and recouered againe, then did the ſtealer reſtore to ye owner double the value of that, which was ſtolen. To this lawe belonged whatſoeuer was ſpoken concerninge ſacrilege, ſtealing of cattaile, robbing of Sacrilege.the common treaſurie, and carrying awaye of other mennes bondſlaues, of which I ſpake ſomewhat a little before. And to this doth appertaine that excellent lawe which ſayeth: The hirelings wages.Thou ſhalt not denie nor keepe back the wages of an hyred ſeruaunt, that is poore and needie, whether he be of thy brethren, or of the ſtraungers, that are within thy land: Thou ſhalt giuegive him his hire the ſame daye, and that before the ſunne go downe, becauſe he is needie, and doeth therewith ſuſteine his life: leaſt he crie againſt thee vntounto the Lord, and it be ſinne vntounto thee.
Concerning doinge and receiuinge damage, and the making of full reſtitution The doing and receyuing of damage.for the harme that is done, there are many conſtitutions in the lawe of the Lorde: If any man, ſaith the lawe, doth digge a well, and do not cauſe it to be couered, ſo that an Oxe or a ſheepe of an other mannes do fall into it, then let him that oweth the well take to him ſelfe the beaſt that periſhed, and paye the worth of the beaſt to him that is the owner thereof.
The like lawe is made in the 21 of Exodus touching an Oxe that puſſheth with his hornes. In the 22 Cha. is giuen the lawe of reſtitution in giuing like for like. If either one mans paſture be eatē vp by an other mans cattaile: or if one man hurte anothers corne or vineyarde. For y• lawe commaundeth to reſtore other paſturings, other corne ground and other vineyardes, not of the worſte, but of the beſt, to him that had the damage done him. Likewiſe if any man had ſet thornes on fyre, and by his negligence had ſuffered it to catch holde vponupon corne, either ſtanding in the fielde vpright, or ſtacked vp in mowes at home, then hee by whoſe negligence the fire began, did make amendes for the loſſe, that the other receiued. The ſame lawe is againe repeated in the 24 of Leuiticus. In the 22 of Deuteronomie, there are many things expreſſed that muſt bee referred vntounto this title: of which ſorte is the lawe that biddeth vsus to bring backe the Oxe that goeth aſtraye, and to reſtore the things that are founde, to him that loſt them: to keepe our buyldings in good reparations, that by miſfortune in the fall of them our brethren be not miſchieued.
And like to theſe is the lawe alſo, which ſaith: Thou ſhalt hauehave a place without the hoaſt to go forth vntounto, and ſhalt beare a paddle ſticke at thy girdle, wherewith as thou ſitteſt, thou ſhalt digge a hole to hide thy ordure or couer thine excremēts in. And in the ciuil law the like mater in effect is handled: for verie neceſſitie doth require y• in cōmon weales there ſhould be lawes cōcerning draughts, & order of buyldinges, ſo y• no man by his excrementes or buylding of newe houſes ſhoulde trouble or annoye his neighbours about him. To this place alſo we may add ye lawes that were made concerning ye ſeparating of leapers frō thē yt were cleane, leſt peraduenture y• contagious diſeaſe ſhoulde by little & little infect the healthfull. The lawes of Lepers and the leproſie are at large ſet downe in the 13 & 14 Chapter of Leuiticus.
Iuſt weightes and iuſt meaſures the Lord commaunded to bee kept in Weight & meaſure.the lawe, where he ſaith: Thou ſhalt not hauehave in thy bagge two manner of weightes, a great and a ſmall: neither ſhalt thou hauehave in thine houſe diuers meaſures, a greate and a ſmall. But thou ſhalte hauehave a right and a iuſt weight, and a perfect and a iuſte meaſure ſhalt thou hauehave: that thy dayes may be lengthened in the land, which the Lorde thy God giueth thee. For all that do ſuch thinges and all that deale vnrightly, are abhomination vntounto the Lord thy God. This lawe is giuen in the 25 of Deuteronomie, and is againe repeated in the 19 Chapter of Leuiticus.
Of publique iudgements of witchcraftes and the puniſhment of offenders The puniſhment of the guiltiethere are many lawes ſet down in the booke of the Lord. Thou ſhalt not, ſaith the Lorde, ſuffer witches to liue. Againe, The fathers ſhall not bee killed for the ſonnes, nor the ſonnes for the fathers: but eueryevery one ſhalbee ſlaine for his owne offence. Neither doeth the lawe conceale the manner of killing: for it giueth the vſe of the ſwoorde, of ſtones, and of fire into the magiſtrates handes. And ſometime it is leaft to the Iudges diſcretion to puniſh the offendour according to the circumſtance of the crime committed, either in bodie or goodes, in loſſe of limmes or life, in ſcourging with roddes, or ſelling into bondage. In the twentieth Chapter of Leuiticus, all the offences are almoſte reckoned vp, that are to be puniſhed we preſent death. And in like manner, the like are repeated in ye eyghtéenth & twentie one Chap. of the ſame booke.
Againſt witches and ſoothſayers Wi…ches & ſoothſayers.there is preciſe charge giuen in the eyghtéenth of Deuteronomie: in the ninetéenth of Leuiticus this ſhort precept is giuen: Ye ſhal not ſeeke after witches, nor obſerue your dreames: ye ſhal not decline to ſorcerers, nor inquire of ſoothſayers to bee defiled by them. Againſt ſuch the lawe doeth expreſſely giuegive iudgement of death & extreme puniſhment, Leuiticus 20. In the 22 of Exodus this ſtreight ſentence is ſharpely pronounced: Let not a woman liue that is a witche.
Againſt heretiques, ſchiſmatiques, Heretikes and falſe prophetes.apoſtataes, and falſe prophets, the lawe giueth iudgement in the thirtéenth and eightéenth Chap. of Deuteronomium, where it doth moſt plainly teache, howe ſuch kinde of people are to be handled. And like to this is the lawe for the ſtoninge of blaſphemers, which is conteined in the 24 of Leuiticus. And alſo the lawe for the contemners & breakers of the Lordes Sabboth, Numeri 15.
Againſt ſeditious rebels and ſecrete Rebels & ſlaūderers.ſlaunderers there is much to be found in many places of the lawe. Chore, Dathan, and Abyrom were rebelles, of whoſe endes ye may read in the ſixtéenth of the booke of Numbers. If any man did maliciouſly bring vp a ſlaunder vppon his wiues chaſtitie, and was not able to proue it true, he was mearced at a ſūme of money, or puniſhed with ſtripes, as is to be ſéene in the 22 of Deuteronomie. In the 19 of Leuit. this precept is giuen: Thou ſhalt not go vp & downe with tales among thy people: neither ſhalt thou hate thy brother in thine heart, but ſhalt rebuke him and tell him thy minde plainely. Alſo in the 22 of Exodus it is ſaide, thou ſhalt not raile vpō the Gods (or Iudges) nor blaſpheme the ruler of thy people.Murther.
Moreouer there are ſundrie kinds of murther, wherof ſome are greater or ſmaller then other. The moſte deteſtable murther of all is parricidie, (when one killeth his father or his kinneſman) vnderunder which wee do cō prchend the euil intreating, or curriſhe handling of parentes by their children. Whoſoeuer ſtriketh father or mother, or curſeth them, ſaith the lawe, let him die the death. Againe, they are bidden to kill the rebell that dareth ſtande vpp to reſiſt the vpright decrées and holie ordinances of the elders: Deuteronomium 17. And alſo in the 21 of Deuteronomie we finde: If any man hauehave a ſtubborne, a froward and rebellious ſonne, that will not harken to the voice of his father, and the voice of his mother, & they hauehave chaſtened him, and hee woulde not hearken vntounto them. Then ſhall his father and his mother take him, & bring him out vntounto the elders of that citie, and to the gate of that place, and ſaye vntounto the elders of the citie, this our ſonne is ſtubborne and diſobedient, & wil not hearken to our voice, he is a riottour and a drunkard: and ſtraightway all the men of that citie ſhal ſtone him with ſtones vntil hee die: and thou ſhalt put euil frō thee, and all Iſrael ſhal heare and feare.
Furthermore, murther is either committed willingly or elſe vnwillingly. Of murther vnwillingly cō mitted there is an example in the 19 Chapter of Deuteronomie, where the caſe is put, as followeth: two friends go to the wood to hewe wood together, and as the one fetcheth his ſtroke the head of the are falleth from the helue, and ſtriketh the other ſo that he dyeth vppon it. This déede the Lorde doeth neither impute, nor would hauehave it to be imputed to the man, but to him ſelfe. And therefore he giueth licence to the man to flye vntounto the Sanctuarie. For his minde was that the ſanctuaries The ſanctuarie,ſhould be a ſafegarde to ſuche kinde of people as killed men vnwillingly, and not to bladers and cutters, not to them that poyſon, or otherwiſe kill their neighbours of a ſet pretence or purpoſe. Of which there is much to be ſéene in the 35 of Numeri, the fourth & the ninetéenth Chapters of Deuteronomie. To the lawe for murther vnwillingly committed doth the caſe belong, that is thus put forth. Two men fight together, and in their fight they ſtrike a woman with childe, ſo that either ſhée falleth in trauaile before her time, or elſe doth preſently die out of hande. In ſuch a caſe, what is to be done, the Lord did teach in the 21 of Exodus, where the lawe of like for like is alſo ſet downe. An eye for an eye, a toothe for a toothe, a hand for a hand &c. In the ſame place alſo is putt an other kinde of murther which is committed either by thy beaſt, as by thine Oxe that puſſheth with his hornes, or by thy Wolfe, or by thy dogge that thou kéepeſt in thine houſe, or elſe by ſome inſtrument, or buylding that is in thy poſſeſſion. Nowe thou diddeſt either knowe or not knowe the fierceneſſe of thy beaſt, the perill in thine inſtrument, or the rottenneſſe of thy buylding. If thou kneweſt it not, thou waſt then excuſed. But if thou kneweſt it, and didſt not ſéeke a way to preuent the miſchiefe, the Lorde gaue charge that thou ſhouldeſt dye for it. But if of clemencie it were graunted thee to redéeme thy life, thou ſhouldeſt not refuſe to paye any ſumme of money, howe greate ſo euer it were. Nowe, wilfull murther, committed vppon pretended malice, is vtterly vnpardonable in the lawe of God. Such an one, ſaith the lawe, thou ſhalt pull from mine altar that he may bee killed. In this caſe redemption of life is not permitted, but the bloud of the murtherer is ſtreightly required. Many cauſes of this ſeueritie, and many other thinges tending to this ende, are to be read in the 35 Chapter of Numbers, and the ſeconde of Exodus.
In the 21 of Deuteronomie is deſcribed the action partely ceremoniall, and partly Iudiciall, which was ſolemnized, when any man was found to be ſlayne, and no man knewe who was the murtherer. Where alſo the manner is preſcribed howe to make an attonemēt for ye murther: whereby we may gather, howe horrible a ſinne murther is in the ſight of God & the Catholique church.
Laſtly the lawe doth not leaue the order of warre vntouched. For it giueth Warie.precepts concerning the beginning, the making, and the endinge of warre: which are to bee read in the twentieth Chapter of Deuteronomie. Moreouer in the law there are ſet out the examples of terrible warres, as that with the Amalechites in the ſeuenth of Exodus, and that with the Madianites in the 31 of the booke of Numbers: where ſomewhat alſo is ſayed touching the diuiſion of ſpoyles gotten in the warres.
I knowe (my brethren) that I hauehave Concluſiō.béene ſomewhat tedious vntounto you in makinge this rehearſall of the lawes vntounto you: but for becauſe the moſte wiſe and mightie God doth nothinge without eſpeciall cauſes and the euident profite of mankinde, I coulde not therefore ſuffer this parte of the lawe to paſſe mée vntouched, conſidering that I ſée it ſo diligently taught by God him ſelfe, and that it maketh much to the opening and mainteining of the morall lawe. Our good God who knoweth all thinges, doeth alſo knowe the dullneſſe and ouerthwarte ſlackneſſe of mannes witt, and howe it requireth to be driuen perforce many times to do good and eſchue euill. And therefore the holie Lorde hath in theſe Iudiciall lawes added an holy kinde of compulſion to driue men on withall.
In the Morals hee frameth our manners and teacheth vsus what to doe and what to leaue vndone. With the ceremonials he helpeth forwarde the morals, and doth vnderunder types and figures laye before the eyes of our bodie and mynde the myſteries of God, and his heauenly kingdome. And laſtly by the Iudicials, he compelleth vsus to the kéepinge of the lawes, and doth preſerue the integritie of the ſame. Nowe all theſe together doe tende to this end only, that man may be ſaued, that he may worſhip God aright, and liue according to the will of the Lorde.
Thus much hauehave I ſpoken hitherto by the helpe of God, concerninge his holie lawes. Nowe let vsus prayſe the goodneſſe of the Lorde, who doeth not ſuffer his people to lacke any thing, that is neceſſarie for their commoditie, and doth euen at this day inſtruct vsus with theſe lawes to the glory of his name, and health of our ſoules.