Exposition of the Laws of Moses, Exegesis 8 · Introduction
Of the Iudiciall Lawes in generall.
SALOMON the Preacher, Eccleſ 4.12. ſaith, that a threefold Cord is not quickly broken. The LORD gaue his people three ſorts of Lawes, as three Cords to binde them, and to keepe them in obedience.God gaue his Morall, Iudiciall, and Ceremoniall Law to his people as a threefold Cord. The firſt was his morall Law, which was properly called his Law, Deut. 6.1. Secondly, he gaue them his Ceremoniall Lawes, which are called his Statutes and Decrees, Exod. 12.24. And thirdly, his Iudgements, which were the Iudiciall Lawes, Mal. 4.4. Deut. 24.17.
Theſe Iudiciall Lawes were Determinations of the Morall Law.The Iudiciall Law what.
A Determination is either Iuris divini or Humani; theſe Determinations in Moſes judiciall Lawes are divini juris; Determinatio Iuris divini. Iuris humani.therefore they had greater force to binde the Iewes, than any municipall Law hath to binde the Subjects now, in reſpect they were given by God himſelfe, and theſe Lawes of men which draw neareſt to them in equitie, are moſt perfect; although particularly they cannot be fitted to every Nation, no more than a ſhooe of one meaſure can ſerue for every foote.
The ſecond ſort of Determination is Iuris humani, when men determinate, where there is no expreſſe commandement of God, as concerning circumſtances, time, places, perſons, and ſuch. God commandeth in his law, that they ſhould pay their firſt fruits, but he determineth not how much they ſhould pay of their firſt fruits; then the Prieſts come in with their humane determination, that the moſt ſhall giuegive no more than one of fiftie, and the leaſt ſhall giuegive no leſſe than one of ſixtie.Simile. When the Iſraelites were travelling in the Wilderneſſe, they had the Cloud to direct them by day, and the pillar of fire to direct them by night; yet they deſired Iethro to be eyes to them, Num. 10.31. What neede had they of Iethro to be eyes to them, ſeeing they had the Cloud by day and the pillar of fire by night? Iethro was a guide to them, to ſhew them the particular places and wayes in the Wilderneſſe, as the Cloud and the pillar were their guide to direct them to Canaan. So humane Determinations and Lawes, are but guides in particular circumſtances.
A compariſon betwixt Humane Lawes and Moſes Iudiciall Lawes.Humane Lawes they command, they forbid, and ſometimes they permit, and laſtly they puniſh: ſo yee ſhall ſee all theſe foure in Moſes Iudiciall Law. Firſt, his Iudiciall Lawes doe command, but they command the outward man onelyonly,foreign Iguca lex. and here Moſes ſpeaketh to them but as a Iudge, and they differ from that fierie Law, the morall Law, that ſearcheth and peirceth into the heart, Deut. 33.2.
Secondly, Humane Lawes doe prohibite and forbid; ſo doe theſe Iudiciall Lawes, and there are moe of them which are Negatiues than Affirmatiues, to ſhew us the perverſe nature of man.
Thirdly,Why Moſes Iudiciall Lawes permit many things. Humane Lawes giuegive way and permit ſomething for the eſchewing of greater evill; ſo doth Moſes Iudiciall Law, Levit. 27.10. When a man offered a Beaſt vntounto the Lord which he had vowed, he might not change a good for a bad, or a bad for a good; this was commanded onelyonly for eſchewing of greater evill; for if it had beene lawfull to change once, a good in place of a bad one, then they would hauehave come quickly to this, to hauehave changed a bad for a good: So this Law permitted divorcement for the hardneſſe of the peoples hearts, and for the eſchewing of greater inconvenience, leaſt hard-hearted men ſhould hauehave killed their wiues.
Fourthly,The puniſhments of the Iudiciall Law alterable. the puniſhments inflicted by humane lawes are alterable: ſo were the puniſhments in Moſes Iudiciall Law; therefore the Iewes ſay of them, aſcendunt & deſcendunt, which they vnderſtand, not of the greateſt and higheſt tranſgreſſions, but of the middle ſort of tranſgreſſions, which praecepta media, their middle Precepts did forbid. Example, Ex. 22. If a man kept a puſhing Oxe, knowing that he were wont to puſh, if he kill a man, then the Law ordaineth that the man ſhall die, or elſe to redeeme himſelfe with a ſumme of money; here the Law aſcended or deſcended: but if a man had wilfully killed a man, that was praeceptum grave, the puniſhment neither aſcended nor deſcended, but he was to die the death.
The Scripture compareth the morall Law to a priſon, Gal. 3.22. the Ceremoniall Law to a ſecond Ward, and theſe Iudiciall Lawes to a Iailor, to keepe the tranſgreſſors in cloſe priſon that none of them breake out.