Commentary on Numbers
Secondly, this condemneth the practice of many masters, who do after a sort nourish quarrels and contentions (as much as in them lieth) within their own doors. For if they have a servant, who being provoked & stricken by his fellow-servant, will not by and by fly in his face and strike again, or being challenged the field, will not take up the bucklers and answer the challenge, they account it the trick of a coward, and esteem such as unfit servants to dwell with them. For if having a defiance given him, he take not up the gantlet, they thus reason and conclude with themselves, If he will not draw his weapon in his own cause, he will never draw it in mine: & if he will not strike for himself being provoked, he will never strike stroke for his master if he be assaulted. This may be a rule from human policy, but it is no rule in Christian piety, neither is it after the doctrine which is according to godliness. It is the duty of servants being stricken to complain unto their masters, and it is no disgrace or reproach to do so, except it be a shame and dishonor to submit themselves to God's word. Every master is a Magistrate within the walls of his own house, to order his servants & family aright. He must give no approbation to private revenge, but make peace among them, & teach them to suffer wrong rather then to offer, and prepare to bear a new injury rather then seek to revenge an old, as we heard before by the express commandment of Christ. Not that we should understand his words literally, to turn the other cheek to him that hath stricken one, or to give away our cloak unto him that hath taken away our coat, for Christ him self being smitten did not so: but he speaketh comparatively, do so, rather then revenge thine own cause. But as challenges into the field are unlawful, so none is bound in honor to answer such challenges. Neither let any man think it is a disgrace and discredit to refuse a challenge. For besides that true grace and glory standeth in obedience unto God, wherefore I pray you, serveth the master in the house, and the Magistrate in the commonwealth, but to take up quarrels that arise, the one among his servants, the other among his subjects? It is a principal part of their office, to decide and determine the differences between servant and servant, between subject and subject. And remember this rule, that there can be no credit gotten by sinning against God.
[Use 3] Lastly, we must take notice of this corruption, and show the duties of love one to another, even toward our enemies, Luke 6, 33. Isaiah 11, 6, 7, 9. Matth. 5, 44. 1 Pet. 2, 21, 23. Now the holy Scripture layeth before us sundry motives to move us to lay aside all maliciousness and desire of revenge, and to show our selves courteous and gentle, kind, and tender-hearted one toward another. First, except we forgive, we can have no hope or assurance to be forgiven, but judgment shall be merciless to them that show no mercy, Matth. 6, 14, 15. I am. 2, 13. Matth. 18, 35. We shall find such measure at the hands of God, as we our selves measure unto others. And Christ enforceth the truth of this, by doubling of the sentence both for greater certainty of the matter, and for deeper impression in the conscience.
Secondly, God hath forgiven all his children for Christ's sake. He might have many just quarrels and controversies against us for our trespasses and sins against him, but he pardoneth all and putteth them up, to give us an example, that we should forgive and forbear one another, and if any have a quarrel against another, even as Christ forgiveth so must we do, Eph. 4, 32. Col. 3, 13. 2 Cor. 2, 10.
Thirdly, vengeance belongeth unto God and to his assigns, not to private men. It is the proper office of God, forasmuch as hereby he showeth himself to be God, Psal. 94, 1, 2. He is the Judge of the whole earth, he leaveth it not to everyone to be his own judge, Rom. 12, 19. If we should see a man set himself in the Princes chair of estate, or to place himself in his throne, and begin to usurp his office and execute judgment upon any offender, all men could condemn the fact as usurpation, and the person as guilty of high treason. Or if any of the fellow servants should take his Masters place, and offer to punish such as have offended him, and that in his Masters presence, who would not censure the sauciness of such a proud companion? Howbeit, it is greater pride and presumption for him to draw the sword that hath not the sword put into his hands, insomuch that thereby he deserveth to be smitten with the sword himself, Math. 26, 52.
Fourthly, God rejecteth all sacrifices & oblations offered without mercy, when they are accompanied with desire of revenge, Matth. 5, 23.24. The Prophet teacheth, that God required not at their hands to tread in his courts, and to bring oblations, and offer up prayers, so long as their hands are full of blood, Isaiah 1, 15. Though we come never so much, and so often before him, yet our greatest devotion is an abomination unto him, so long as we are not reconciled unto our brethren.
Fifthly, without this, no man shall see God to his comfort. At his right hand are pleasures for evermore, but they shall never taste of thē and be partakers of them that live without love, and do not live without revenge. The Apostle saith, Heb. 12, 14. Follow peace with all men, and holiness, without which no man shall see the Lord.
Lastly, if we can be content to be forgiven, then we must also be ready to forgive. It is a general rule, Whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the Prophets, Matth. 7, 12. This also holdeth proportion between God and us, for as we would have him to extend mercy to us, so ought we to be merciful toward others. If we would have God at peace with us, we must be reconciled to our brethren: and if we would have him to love us, we ought to love one another; or how shall we be assured that we love God whom we do not see, when we love not our brethren whom we see daily?
16
And if he smite him with an instrument of Iron (so that he die) he is a murderer: the murderer shall surely be put to death.
17
And if he smite him with throwing a stone, (wherewith he may die) and he die, he is a murderer: the murderer shall surely be put to death.
18
Or if he smite him with an hand weapon of wood, &c.
19
The avenger of blood himself shall slay the murderer, when he meeteth him, he shall slay him.
20
And if he thrust him of hatred, or hurl at him, by laying in wait that he die,
21
Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death, for he is a murderer: the revenger of blood shall slay the murderer, &c.
Hitherto of the first part of the chapter, the second part followeth, which is concerning laws belonging to murder and shedding of blood: and this consisteth of three several points. First, touching willful murder. Secondly, touching murder at unawares, commonly called man-slaughter, or chance medley, which is not done of malice prepensed. Thirdly, of the office of the Judges touching shedders of blood. The first point is of willful murder, which is declared by the instrumental causes whereby it is done, whether a man smite his neighbor with instrument of iron, or throwing of a stone, or with an hand weapon of wood, to wit, voluntarily, willingly, willfully, and of set purpose, all cometh to one ende, for such a one must die the death. This exposition is plain and evident, as appeareth by the 11. verse going before, where Moses mentioneth the killing of a man by error or at unawares. Now in this case, if a man hate his brother, and hurl at him by laying of wait that he die, or an enemy smite him with his hand, the avenger of blood shall slay the murderer whensoever or wheresoever he meeteth him.
From hence we learn, that murder and shedding of blood is an heinous and horrible sin in the sight of God. Howsoever many that are fleshed and hardened in it, make no reckoning of it, yet it hath a bloody face before the high God: to do anything maliciously and unjustly against the life of a man is a sin much displeasing unto God, and that which provoketh his judgments, Gen. 9, 6. Hos. 4, 2. Matth. 26, 52. Revelation. 13, 10. Exod. 21, 12. Levite. 24, 17.
[Reason 1] The reasons are plain. First, we are all made in the Image of God, Gen. 1, 27, and 9, 6. What treason thē is it to deface this Image? for as it is treason to deface maliciously the image of a Prince, so is it no less then high treason against God, to deface the Image and similitude of God. Nay, to speak the truth, he is a double traitor, and committeth a double treason, both in regard of him whom he hath murdered, and then in regard of himself, in that he is the cause of his own destruction, & guilty of his own blood, forasmuch as he that killeth must be killed; and he that sheddeth man's blood, his blood likewise must be shed. Nay, there is no man that murdereth another, but he murdereth himself more; he taketh away the life of another, but he destroyeth his own soul, yea and causeth God to bring some judgment upon him that he liveth not out half his days. Hereunto (no doubt) Rebecca hath relation, hearing of the wicked and cruel purpose of Esau toward his brother, that when the days of mourning for his father should come, he would kill his brother Iacoh; for she said to him, Behold, thy brother Esau doth comfort himself, purposing to kill thee; now therefore my son, obey my voice, & fly to Laban my brother; for why should I be deprived also of you both in one day? Gen. 27, 42, 45
Secondly, all such as are willful murderers are accursed of God, Gen. 4, 11. Thou art cursed from the earth: and also of men, Deut. 27, 24. Cursed is be that smiteth his neighbor secretly: and all the people shall say, Amen. Hence it is, that God never suffereth such to escape, but meeteth with them one way or other, either he striketh them with his own hand that did lift up their hands to strike others, or he delivereth them over to the Magistrate. Some times he maketh them to be witnesses against themselves, sometimes to discover themselves in their dreams, sometimes to feel the torments of hell in their own consciences, and sometimes the birds of the air to reveal them. We see this in Cain, that slew his brother, for God set a mark upon him, and branded him for his wretched parricide, Genesis 4, verse 15.
This the very heathen themselves knew by the light of nature, that howsoever the murderer may escape out of some danger, yet vengeance will pursue and overtake him, Acts 28, 4. This we see in Herod that killed James with the sword, and put Peter in prison, intending also the like against him, he escaped not the hand of God long, but his deep vengeance did so dog him at the heels, that he was smitten shortly after by the greater stroke of an Angel from heaven, and was eaten up of worms, Acts 12, 2.23. Thus did Samuel speak to king Agag, 1 Sam. 15, 33. As thy sword hath made women childless, so shall thy mother be childless among women, and he hewed him in pieces before the Lord. The like we see in Joab who was smitten with the sword, as he had killed others, 1 Kings 2, 31, 32. And it is to be observed what David saith of him concerning y e blood of Abner that he had spilled, 2 Sa. 3, 29. Let it rest on the head of Joab, and on all his fathers house, and let there not fail from the house of Joab one that hath an issue, or that is a leper, or that leaneth on a staff, or that falleth on the sword or that lacketh bread.
Thirdly, God doth so detest murder, that if a beast kill a man it must be stoned to death, and his flesh not eaten, Exod. 21, 28. What? is God offended with the brute beasts? or do they sin against him, and break his Commandment? No: but thereby GOD would show how much he abhorreth the shedding of man's blood, and that man should lay it to his heart.
Fourthly, it is an offense against a man's own flesh, Eph. 5, 29: No man ever yet hated his own flesh, but nourisheth and cherisheth it; now every man is as our own flesh, Isaiah 58, 7. We see Bears, and Lions, and Tigres, and wild beasts do play together, because they are of one kind: mankind is of one kind; if we do not agree together, but prey one upon another, we are more fierce then Bears, more cruel then Lions, more merciless then Tygres, and more savage then wild beasts.
Fifthly, such as slew another violently, were taken out of the Cities of refuge by violence, God would give no protection to such beasts, neither City, nor Altar, nor Tabernacle, nor anything could yield them any safeguard, Deu. 19, 11, 12, 13. 1 Kings 2, 31, 32.
Sixthly, it is a crying sin: blood hath a very loud voice, and never ceaseth crying, until judgment fall upon the head of the murderer, Gen. 4, 10. Behold the blood of thy brother crieth from the earth. Abel was now dead, his mouth was stopped, and he could not speak; but his blood could speak, the which called and cried in the ears of the Lord GOD of hoastes from the earth for vengeance, Hebre. 11, 4.
Seventhly, no pardon was to be given to such, as appeareth in this chapter, and verse 32. Ye shall take no satisfaction for the life of him that is a murderer, which is guilty of death, but he shall surely be put to death.
Lastly, the Land is defiled by it, ver. 33, 34. Blood defileth the Land, and the Land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it: Defile not therefore the Land which ye shall inherit, wherein I dwell, for I the Lord dwell among the children of Israel.
Now let us come to the uses. First, we have just cause to fear the wrath of God; and if he come to make inquisition of blood, he shall find much blood spilled upon the earth like water that cannot be gathered up again throughout the whole Land. What abundance of injustice and cruelty is there to be found in every place, and thought to be just and upright dealing? How many are there to be found, that having once conceived anger and malice in their hearts, will remain whole days, and months, and years, before they will be reconciled, nay speak one to another? thereby depriving themselves of the mutual comfort they might reap and receive, and by suffering the Sun to go down upon their wrath, do give place to Satan to enter into them & to possess them, Eph. 4, 26, 27. And what color soever men set upon their cruelty, it is but a false painting of a foul face, as Adams fig-leaves, that covered his shame, but could not hide his sin. If it be done under pretence of law, it is a most fearful sin; the pretence it self maketh it more fearful, because feigned justice is a double injustice. When the Law is so wrested, that it is made the occasion of murder, it must needs be offensive & displeasing unto God. And albeit this sin be committed by the Magistrate, in letting malefactors go unpunished, yet it must needs be offensive unto GOD, because it is that which bringeth the guilt of blood upon the Land, & nothing can cleanse the Land from blood, but the blood of him that shed blood. This made the Prophet say to Ahab, Because thou hast let go out of thy hand, a man whom I appointed unto destruction, therefore thy life shall go for his life, and thy people for his people, 1 Kings 20, 42. Whē there was a famine in the Land in the days of David, three years, year after year and he inquired of the Lord the cause of that sore judgment; the Lord answered, It is for Saul and for his bloody house, because he slew the Gibeonites, 2 Sam. 21, 1: and the atonement could not be made, until seven men of his sons were delivered into their hands, and they were hanged up unto the Lord that his inheritance might be blessed. The sins of the sons of Eli became to be the sins of their father, not because he was their father, neither yet because he was the committer of them, but because he being a Magistrate did not punish & correct them: so likewise when judgment is not executed upon men for their sins, the blood of those which are slain must needs remain in the Land. If this be committed by way of revenge, it is also an heinous sin against almighty God, because he that doth it, preventeth God's work, and so provoketh God's wrath: for he taketh God's office out of his hand, and taketh up his place, who hath said, Uengeance is mine, Rom. 12. And if we ascend to the higher degree of men, shall we not find among them little conscience made of shedding blood? Do not our Gentry for the most part think it their glory to have their hands embrewed in the blood of innocents? What conscience is made of fighting & quarrelling for point of pretended honor, but in truth for assured dishonor and disgrace unto them, to their names, and to their posterity? for let thē set what varnish soever they please upon their combats, they shall carry y e mark of an horrible sin to their grave, God grant it be not to hell and the place of perpetual torment; and if ever GOD open their eyes, they will weep day and night for it, and be humbled for it all the days of their lives.
Secondly, [Use 2] it is the duty of Magistrates especially, and of all men generally in their places, to make diligent search & enquiry when blood is shed, by whom the blood hath been shed: and if the murderer be not found, they should crave pardon at the hands of God. And touching the Magistrates and others, I would commend to them the consideration of two things; first, that they be careful that no man die innocently, that they put no man to death without cause, Ier. 25, 14. of which we shall speak afterward in the end of this chapter. Secondly, when murder is committed, all men must do their endeavor, to the utmost of their power and means, to detect the authors of that bloody act.
Hence it is, that God requireth, that when a body is found slain upon the ground in the Land which he had given the Israelites to possess, and it is not known who killed him, then the Elders and Judges shall come forth to the dead body and wash their hands over a Bullock whose head was stricken off, and protest and say, Our hands have not shed this blood, neither have our eyes seen it: O Lord, be merciful to thy people Israel, whom thou hast purchased, and lay not the guiltless blood upon them; and the man-slaughter shall be forgiven them, Deut. 21, 7, 8, 9. Where we see that the killing of one man is a defiling of the whole country, and what care the Lord hath of the life of every man. For murder is so hated of God, that albeit the dooer thereof be unknown, yet he would have a solemn cleansing and clearing thereof to be made. And see what God requireth at the hands of the Magistrates and ministers of justice. It is not enough for them to protest that they have not committed, or supported, or favored any evil when causes and complaints have been brought before them, but they must search carefully, and inquire diligently of disorders; albeit no man solicit or seek unto them, yet themselves must be watchful in their places. Howbeit, this duty is oftentimes ill observed, and slenderly practiced. For how many are there that think themselves fully discharged, and flatter themselves with a fond imagination that they are greatly to be commended, when they patiently give men the hearing, and make countenance to help them. But God is not contented with this, he will take an account of them of a farther duty, and will not take it for a sufficient discharge to be able to say, though it be truly, There was no information given, no man made any complaint. If then Magistrates that have the sword of justice put into their hands to cut off evil doers from the City of God, shall suffer any wickedness to lurk in any Citty or corner, they themselves are guilty thereof, and it is as much in God's sight, as if they had given their consent to the practicing of it. These are they that must after a sort answer for the whole body of the people, if evil doers be suffered to nustle under them through their negligence.
[Use 3] Lastly, it is the duty of everyone to beware of all occasions and allurements that may draw us to this bloody sin. For as there is a murder of the hand, so there is a murder of the tongue, which is therefore in holy Scripture resembled unto a Razor, to a sword, to coals, to arrows, to poison, to fire: all which kill and are the instruments of death: and likewise there is a murder of the heart, of which the Apostle John saith, Whosoever hateth his brother, is a murderer, and ye know that no murderer hath eternal life abiding in him.
So then, we are guilty of this sin, even by anger and malice in the heart only, and shall have our portion in the Lake that burneth with fire and brimstone. If any man have not a feeling of this in his heart, he is more then dead: and if he labor not to repent of it, it argueth him to be past all grace, and so out of the number of those which shall see God to their comfort. For albeit such have the shape and form of men, yet they have the hearts of the very beasts. If they had the right use of reason in them, and the government of their corrupt appetites and affections, it could not be but that they would have a care of the life of their brethren, and which is more, of their own lives also.
So then, every man should examine himself and try his own heart, how far he hath been guilty of this sin of murder in every kind and branch thereof, that so we may humble our selves. Albeit it be but the anger of the heart, yet it is murder in the sight of God, & is therefore as well to be repented of, as the outward act of murder it self. To this we may join the sin of envy, when men so repine at the good of others, that they cannot be quiet or contented, because they want y t which others have, and have not so great a portion as they; for this also we should humble our selves, and labor continually against it.
To conclude, we see also what cruelty and hard-dealing is oftentimes used against poor laboring men, that get their living by the sweat of their brows, and yet many think they may use them as they list, either with turning of them off with an half-penny, for a penny, or else in exchanging other things for their work, which haply are not worth half the money, or in keeping back their wages for weeks, months, or years, which Saint James speaketh of, Chapter 5, verse 4. Behold the hire of the Laborers crieth, and the cries of them are entered into the ears of the Lord of Sabbath.
Let us labor by all means to keep our selves free from blood, and not only from the outward act it self, but from the inward thoughts of the heart, as envy, hatred, and malice; as also from the slaughter of y e tongue by cruel and cursed speeches. Such a murderer was Shimei when he railed upon David; True it is, he charged him to be a murderer, but the murder might justly and fully be discharged upon himself, for he was the man of blood, and a son of Belial, 2 Sam. 16, 7, 8. Indeed if a man have an injury done unto him, it is lawful for him to seek revenge, but he must not do it with his own hands, but as the poor widow that came to the Judge, saying, Auenge me of mine adversary; so he must complain to the Magistrate, and so seek for remedy by just and lawful means. And that we may be free from the fact it self, and not fall into it; let us look well to the fountain and beginning of all our actions, and first labor to purge our hearts, because out of the heart proceedeth all kind of wickedness. Now if that be cleansed of evil thoughts, we shall thereby stop and hinder evil works that they break not out.
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But if he thrust him suddenly without enmity, and have cast upon him anything without laying of wait:
23
Or with any stone wherewith a man dy, seeing him not, and cast it upon him that he die, and was not his enemy, neither did seek him any harm:
24
Then the Congregation shall judge between the slayer and the avenger of blood, according to these judgments.
25
And the Congregation shall deliver the slayer out of the hand of the revenger of blood, and the Congregation shall restore him unto the City of his refuge, whither he was fled: and he shall abide in it unto the death of the high Priest, &c.
26
But if the slayer shall at any time come without the border of the City of his refuge, whither he was fled:
27
And the revenger of blood find him without the borders of the City of his refuge, and the revenger of blood kill the manslayer, he shall not be guilty of blood.
28
Because he should have remained in the City of his refuge, till the death of the high priest: but after the death of the high priest, the slaier shall
return into the land of his possession.
29
So these things shall be for a Statute of judgment unto you throughout your generations in all your dwellings.
The Law touching killing at unawares, is delivered in these words; the substance whereof is this, That if a man take away life from any suddenly without any enmity, or do cast a stone at adventure without laying of wait, or cast anything upon him and see him not, the Congregation shall deliver him out of y e hand of the avenger of blood, because though he did kill him, yet he was not his enemy, neither sought his hurt, or plotted his death. So the Lord in his law propoundeth sundry like cases, Exod. 21, 13, 14. and Deut. 19, 4, 5. Whosoever killeth his neighbor ignorantly, whom he hated not in times past, as when a man goeth into the wood with his neighbor to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the hell • e, and lighteth upon his neighbor that he die, he shall flee into one of those Cities and live, &c: and he must abide therein unto the death of the high Priest which was anointed with the holy oil. But if such slayer shall go out of the border of the City of his refuge whither he was fled, and the avenger find him and slay him, he shall not be guilty of blood, because he had a place of safety and refuge given unto him, and he ought to have remained therein according unto the law.
Out of this division some questions will be moved, [Object.] which are needful to be handled & considered: as first of all, whether the Auenger of blood, while his heart is hot, might lawfully pursue him that killed another of ignorance, and when he found him out of his City and Sanctuary might slay him? [Answ.] I answer, God doth not approve or allow such dealing simply, but doth indeed utterly condemn it. For the judicial and political laws do not always serve to bring men to perfection, and to establish perfect holiness and righteousness amongst us, but in some sort to remedy the vices whereunto we are inclined: so that the Lord hath an eye to the inconveniences that might ensue: whereas if we will speak what the eternal law of right & wrong, which is the law of righteousness, alloweth, & what every man's duty is towards men made after the image of God; then doubtless, when a man hath given a blow with his hand unwittingly, so as it do sufficiently and evidently appear to be so, the next friend or kinsman ought not to step up to seek revenge, because in so doing he offendeth God, both in setting upon the party that hath done him no wrong by his will, Rom. 12, 29. Matth. 5, 44. and in fathering that thing upon a mortal mā, which God had ordained in his secret providence, Exod. 21, 13. God hath delivered him into his hand. This is the perpetual law of equity and honesty, and therefore that which is delivered in this place is only a posit ••• Law established no • to instruct, but to restrain thē, and to remedy a greater mischief in case they had been altogether bridled and wholly 〈◊〉 reaued of all power.
This teacheth us a plain truth, which I only point a • with the finger, that God tolerateth many things among his people, which he never liketh and alloweth, as appeareth in the cause of divorce, De • . 24, 1, they were permitted upon dislike to put away their w ••• , provided that they delivered unto her a bill of divorcement, to be a witness of her honesty, that through the willfulness and waywardness of her husband, she should not be defamed. Nevertheless, God never liked this simply no more then their marrying of many wives, because she was given to him to be the companion of his life, and the delight of his eyes, and the comfort of his heart all his days, and was as it were one part of his own person, and therefore to cast her off was after a sort a cutting off of himself in the middes, whereupon Christ saith, Math. 19, 8, 9, that the Lord did it for the hardness of their hearts. So in the case of usury, he permitteth them to take usury of the stranger, that they might not practice it toward their brother: and sundry such like, lest they should do worse.
Secondly, the question may be asked, [Object.] whether this killing at unawares or against ones will, whom God is said to have delivered into his hands, be a sin or not? This is so much the more necessary to he thought upon, because the Lord showeth, Deut. 19, 6, thar such a man is guiltless of the other man's death, forasmuch as he did not hate him before, neither did presumptuously rise up against him, to slay him with guile. Howbeit in this place such a person is commanded to remain as a banished man out of his own place & house, and from his own kindred, and is confined to the city of refuge until the death of the high Priest, which no doubt had relation to Christ. I answer, [Answ.] there is no repugnancy in all these things. For this fact must be considered two ways, judicially, or morally. If we do respect what such an one deserveth in the Court of man's judgment, it is true he is not guilty he deserveth not to dy, or to recompense life for life. But if we speak simply, what is sin by the law of God which is spiritual, who keepeth a court of conscience, an higher court and seat of Justice then all mortal men do or can do, we cannot pronounce such a one innocent or guiltless before the bench of this Lord chief Justice. Or to speak more plainly, there is a twofold Judgment, the one of God, and the other of man. In the judgment of mā he may be taken to be innocent, because Deu. 19. his blood is called innocent, to wit, in respect of man's judgment whom he hath not offended: howbeit in the judgment of God, which goeth further, and pierceth deeper, it is otherwise. The Papists because they would have some proof and testimony, or at least some show and appearance that all sin is voluntary, do allege the examples of such as have killed at unawares or against their will, and make this to be no sin, and that by the authority of their vulgar Interpreter, who saith, Numb. 35.25. Liberabitur innocens, that is, The innocent shall be delivered out of the hand of the avenger. But almighty God (who keepeth from all evil) keep us & all other good Christians from such kind of innocence. Besides, in the Hebrew Text, the word is Harotzaach, that is, The killer shall be delivered, and not the innocent person. Touching the point in general, whether all sin be a voluntary action, we have spoken before, and proved sufficiently the contrary. And albeit S. Augustine be often alleged by our adversaries, affirming that sin is an evil so voluntary, that it can by no means be sin except it be voluntary: yet in his Retractations, he maketh his opinion plain, and restrayneth that particularly, which in other places he seemed to propound and leave at large; for he saith, Sine voluntate nullum est peccatum, sieve in opere, sieve in origin: that is, There is no sin without the will, either in the work, or in the original, or the beginning.
Whereby it plainly appeareth that in the special work there are sins even in his judgment which are not voluntary, as those that come of ignorance, or of compulsion, or as concupiscence and original infection: yet all these may truly be called voluntary, in regard of the first man's first offense, in whom was the freedom of will, all which are no other but fruits and effects of his sin. So then, he teacheth that the sin which is a punishment of sin is not always voluntary, but the sin, which hath no other consideration but of sin, is voluntary. The sins which we commit, are both sins and the punishments of sin: but Adams sin, in whom we all sinned being in his loins, which was only a sin and not the punishment of any sin going before, is voluntary. And in this respect the slaughter committed at unawares, may well be said to be voluntary, because it is a fruit of the first man's disobedience, so that we may truly say, From the beginning it was not so. For if Adam had never sinned, there should never any such manslaughter have been committed.
But now to return unto the particular point in question, that the Jesuits would prove all sin voluntary, because manslaughter done without consent of will is no sin: we hold all such shedding of blood done of ignorance to be a sin of ignorance: & that no man so killing and taking away life, can wash his hands in innocence. For such a one by the law must fly to the City of refuge, and be imprisoned there, until the death of the high Priest; which argueth that there was something in the fact, or in the error by which the fact was committed, that hath need of forgiveness by Christ, the true high Priest of our profession, of whom the high Priest in the law was a figure. And hence it is, that the punishment laid upon the man-slayer was so straight, that if he were taken out of the City of refuge before the death of the high Priest, he might be slain, verse 32, forasmuch as such a one seemed to make no account of the death of Christ, nor to seek deliverance from blood by his blood.
But some man may say, [Objection.] that the City of refuge was appointed only for the trial of the slaughter, whether it were committed willingly or unwillingly, of malice or of ignorance, and not for any regard of punishment at all.
This indeed is objected, [Answer.] but it is as easily answered. For if the City had been assigned only for examination and trial of the fact, then immediately after the knowledge of the manner of doing, and the party brought to his purgation, he should forthwith be discharged and delivered. But this was not so, he must remain and continue there peradventure all the days of his life, at least all y e days of the high Priests life. Besides, the high Priest might have died the next day after the man-slayers flying thither before his cause came to be handled and tried, yet even then he was to be set at liberty. Therefore it appeareth, that this was also a kind of punishment, and was inflicted for farther detestation of manslaughter, so that if the slayer were found out of his City before the death of the high Priest, the avenger of blood might kill him, and yet not be charged with his blood. So then, as the death of the high Priest did free the manslayer, so such persons were taught to fly to the death of the Messiah that must be slain, in whom was all their hope of deliverance, and comfort that this their sin should be done awah. Ambrose is clear in this point, that the high Priest signifieth Christ Jesus. So is Cyril, Maximus, and others, who by the death of the high Priest in this place, do gather deliverance by the death of Christ. S. Jerome is plain in that whole case touching sins of ignorance, and that he which is fled to the City of refuge, must tarry until the high Priests death, that is, until he be redeemed by the precious blood of our Lord and Savior. Theodoret is more plain then all these; for he asketh this question, Why until the death of the high Priest doth he prescribe return unto him, which hath slain a man unwillingly? and he answereth, Because the death of the high Priest which is after the order of Melchizedek, was the loosing of the sin of man: whereby he declareth two things; both the mystery of the high Priests death, signifying the death of our Lord and Savior Jesus Christ, whose blood cleanseth the shedding of blood, and washeth away the guilt of all sin, voluntary or involuntary, and withal he showeth that such unwilling man-slaughter is a sin. Yea, this is so clear a point, that Cardinal Allen forgetting the doctrine of his fellows; and the foundation whereupon they build, in his book of popish pardons, chapt. 5, telleth us out of the Council of Ancyre, holden well near 1300. years since, in the purest time of Christian religion, when our adversaries dare not say that the faith was corrupted, that the Apostles and Bishops have ever beside the preaching of the Gospel, exercised the power of the keys committed to the Church, and inflicted due punishment for every deadly sin, justly respecting the grievousness thereof: and among the rest he noteth, that for murderers if it were not voluntary, were appointed seven years penance; but if it were willful, till the ende of their life. Now would this Council so ancient and so pure, as the Jesuit pretendeth, have enjoined so long penance and punishment for innocent persons, and such as had committed no sin at all? So then to ende this matter, albeit the Lord acquit the party after a sort that hath slain a man unwittingly, so that there shall no judgment of death pass upon him, yet he was constrained to forsake his own house and inheritance, and to dwell in a strange place, and to suffer many inconveniences, to his decay and impoverishing, and peradventure his utter undoing, his wives and children. Wherefore God would have the party that offendeth unwittingly, nevertheless to abide some punishment, to the intent he may humble himself. And I suppose there is no good man, if such a thing should befall him, but would be humbled and grieved for it all the days of his life, and crave of God forgiveness of what is past, albeit there were no evil meant on his part; and likewise pray unto him earnestly for the time to come, that he would rule his hands and his feet better, & so order all his steppes that he never swerve frō his holy commandments.
Now to come to the ground of the Doctrine, three sorts are here directed touching blood; the people, the avenger, and the Judge. The people is restrained, the avenger is permitted, the Judge warranted and allowed. The people is restrained, not permitted: the avenger is permitted, not restrained: the Judge is permitted and allowed, nay commanded to draw the sword. The people sin if they shed blood; the Judge if he do not.
This teacheth, that it is a sin for men to do that which GOD hath appointed to be done, when they have no particular calling or commandment for them to do it. This is manifested unto us in the fact of Zipporah, the wife of Moses, taking a knife, and circumcising her son. Circumcision was one of the sacraments that God had ordained, that every male of eight days should be circumcised, and have the foreskin of his flesh cut off, Exo. 4, 25. howbeit she sinned grievously, because she would do it without a calling, which was for man, not for the woman to do: and therefore it appeareth she had no moe children, as we observed elsewhere, chap. 12, and beside she wanted the presence and company of her husband a long time after, and when she returned unto him, she was vexed and afflicte • by the emulation of Miriam a •• Aaron. So Saul sinned in offering up sacrifice, who ought to have stayed for the coming of Samuel: sacrifices were commanded of God, but he did it without a calling, & therefore Samuel telleth him he had done foolishly, 1. Sam. 13, 14. The like we might say of Uzziah, 2 Chron. 26, 16, otherwise a good king; he went into the Temple of the Lord, and presumed to offer incense, which was peculiar to the Priests: and therefore having no direction from God, though he did a good thing, yet he was presently smitten with leprosy, 2 Chr. 26, 14, 20. This we saw before in Korah and his company, chap. 16. Amnon abusing his sister Tamar by filthy incest, ought by the law of God to suffer death, Absalom killeth him with the sword, he did that which God commanded, Levite. 18, 9, 29, and David had to answer for it, because he put him not to death; nevertheless Absalom sinned grievously in the doing of it, because he was no Magistrate. So then the point is plain, that a man may sin, and that grievously, in doing the things that God commandeth, when he hath no warrant to do them.
The grounds are these. First, he doth it [Reason 1] without any commandment from GOD. Whensoever a commandment is limited to persons and places, to them it is a commandment, and to no others. The commandments and orders that are directed to such as are free of a city, or of a company, or incorporation, are no commandments to those thar are foreigners: so in this case, a commandment to some maketh it a sin to them, if they leave it undone: whereas on the other side, the not commanding maketh it a sin to others that do it, because it is the commandment that maketh things either lawful or unlawful. Where there is no sight, there can be no blindness, but it is blindness when it is found in y e subject where sight ought to be. We cannot say there is blindness in a stone, because it is not capable of sight. Therefore we say, that in indifferent things there can be no sin, either to do, or not to do, & the ground is, because there is no commandment. Secondly, it is a rule, that all good being out of his proper subject is evil. Consider this in the natural body. Is it not evil in nature, for the eye to be in place of the hand, y t should be in the head? Or for the finger to grow in the fore-head, that should be in the hand? this maketh a monster in the body, when a member is out of his proper subject. So we may say for moral good, whē it is out of his proper place, it is no more good, but is turned into evil.
If any ask, what is y e proper subject of good? I answer, the proper subject of good is he to whom it is commanded; and the improper subject is, where there is no such commandment,
[Use 1] By this a man may look into himself, and see as it were in a glass the defects and deformities of his soul, and namely, that he doth many things good for the matter and substance, and good in those that have a calling and commandment for it; yet evil in him, because he wanteth a commandment, and consequently hath no warrant for the doing thereof. All such have cause to humble themselves for the evil which they have brought upon themselves, by doing good things without any good calling. To preach the word, to administer the Sacraments, to make public prayer, are necessary parts of the holy worship of God that must be performed, they are the only instruments to save the precious souls of men; and yet these, even these are grievous sins to men to meddle with them that have no power or precept given unto them to perform them. There is nothing so much commanded of GOD as to do these things, yet nothing more sinful then these, when they are done without a commandment and a commission. If a man of a private trade and occupation shall presume to preach the word of God, having no calling thereunto, it is most ungodly, let his gifts be what they may be, let him be able to speak with the tongue of men and Angels, and let him divide the word of truth rightly, and interpret the same soundly, yet it is Anabaptistical, and a great sin and impiety. So likewise we may say for private Baptism to be performed by a woman under a pretence of necessity; as if there were any necessity in sinning, or to make the people of God go out of their calling: and yet so wretched and wicked is our age, that this sin is not only committed, but also defended.
One well observeth that it cannot be lawful for women to baptize, and he confirmeth it by this, because it was not given to the mother of Christ that she (who was blessed above all other women) should do it. If then it were lawful for any, then certainly much more for her to touch these holy things: what wicked women then, what bloody Zipporahs are those of our time that dare undertake this holy thing without any calling? It is evil in those midwives that usurp this office, but worse in those that commend and defend this sin.
Let all therefore both men and women examine themselves in those things; if they have broken the banks that God hath set them, & have yet carried it away, and no plague from God hath overtaken them that have undertaken such works impertinent unto them, then let them know that they are to acknowledge the great mercy of GOD toward them, that he did not strike thē dead in the very act, as he did Uzzah that touched the Ark, (otherwise a good man) because he did a good act without any calling thereunto. Neither let any dream that God doth approve of them, because he doth not presently punish them, Eccles. 8: but consider they have to do with a God of patience; and albeit they go away, & prosper for a time, yet in the end he will find them out and punish them. Likewise in this kind they offend, who take upon them to reprove, whom, and where, and when they please, without due observation of fit circumstances. It is indeed a duty commanded that some should reprove, and some be reproved for sin, Levite. 19, 14. Prov. 9, 8: yet every man is not to reprove all, at all times and in all places, only it lieth upon them that have a calling to reprove, and therefore it is a sin in others. So when private men take upon them to reform public abuses, as to pull down images, and to abolish the monuments of Idolatry, they sin in this case against God and the Magistrate: against the Magistrate, in taking his calling out of his hand that belongeth to him: & against God, in that they do it without his direction. True it is, the word teacheth that their altars should be destroyed, their images must be broken down, their idols burned; but it is a word to the Magistrate: he sinneth if he do it not, because he performeth not God's commandment: y e private person sinneth if he do it, because he doth it without any commandment, nay against the commandment. The brazen serpent must be stamped in pieces, if once the people offer incense unto it, and commit idolatry with it, howbeit it must be done by Hezekiah; 2 Kings 18, 4. If a private man buy an house, & find therein sundry images & many monuments of idolatry, he may abolish thē; & if any of his family have gotten such, he may take them away and deface them, as Jacob did cleanse his house, Gen. 35, 2: because he is a Master & Magistrate in his own family: but to do it in public, where he is no Magistrate, he may not without sin, as the Magistrate himself may not omit it without sin.
Secondly, everyone ought to labor to [Use 2] know his own calling, and to be assured how far it stretcheth, and will bear him out. This should persuade everyone of us, that in every good thing which we do, we should be sure that sin cleave not unto us, and that we attempt nothing, before we have our commission sealed and sent unto us. When we go about anything, it is not enough to weigh how good it is, but to look what warrant we have to do it. It is not the goodness of the thing that will free us from sin, but the warrant that we have to do it. We must have a general warrant that the work is good, and a particular also, that it is good for us, and in us.
But some will say, how shall a man know, [Object.] that he hath a commandment in particular to do this or that? [Answer.] I answer, if any man be such a one as he to whom the commandment is given: or if the commandment be given to him in general, then he may gather that the commandment doth belong unto him in particular, so that in doing the same, he shall not only do a good work, but the work shall be good in him. So then, every man must reason thus with himself, God hath commanded me to do it, and therefore out of conscience to his commandment I will do it, forasmuch as to obey is better then sacrifice, and to hearken then the fat of rams, 1 Sam. 15, 22. And if Saul himself had obeyed, it had been better for him then to have offered up his sacrifice, though it had been of the chiefest of y e things, which should have been destroyed. It is a policy of Satan, and it were good that none were ignorant of it, and that all would take notice of it, that if he cannot make men abide and abound in evil, but that they will needs be doing of good, then he will labor to make them do good unlawfully and unseasonably, by bringing them to do some good, whereunto they have no calling. Thus he maketh again to himself, even by the works themselves of godliness: and therefore it should be the care and wisdom of every man to look to God's word, and to his own warrant in doing of anything, and not suffer our selves to be deluded by him. If the disciples of Christ had duly observed this, they would never have desired to bring fire from heaven & consume the Samaritans that would not receive him, as Elias had done to destroy the captains that scoffed at him, 2 Kings 1, 10. Luke 9, 54, but they would have considered, that they were not endued with the same spirit, neither fitted with that calling, nor armed with that power. Peter would not have drawn the sword to strike the the high Priests servant, if he had called to mind that the sword was not put into his hands, Math. 26, 51. Let every man labor to see what God hath called him unto, and look to the things commanded unto him: private men may not take upon them to reform everything that is amiss, having no authority thereunto: and if they should come to suffer for such things, they shall find but little comfort in their sufferings, because this is to suffer as evil doers, albeit not for doing of evil.
[Use 3] Lastly, if it be unlawful to do good sometimes, when it is done unlawfully, then how much more is it unlawful to do that which in it self and in it own nature is unlawful? And if God reject the actions of men when they are done in an evil manner, how much more doth he abhor the works of carnal men when they are wicked & ungodly in the very substance? And if he accept not those actions w c might be don well, if they were done by another, how much less those y t can be well done by none? Of which we may say with Solomon, Behold the righteous shall be recompensed in the earth, how much more the wicked and the sinner? Prov. 11, 31. If the faithful offend in doing lawful things, much more do the ungodly, that never regard to do any good. And if they sin against God that hear his word amiss, how much more sinful are they that will not hear it at all? And if they provoke the wrath of God that do good in an evil manner, much more do they that sin in an evil matter, and most of all when the heart is evil also, as Prov. 21, 27, The sacrifice of the wicked is abomination, how much more when he bringeth it with a wicked mind? The faithful have many times a good intent, when they think to do God good service, and yet are not accepted, because they fail in the manner: woe then to those whose very hearts are set upon evil, and have no delight in that which is good at any time.
30
Whoso killeth any person,
the murderer shall be put to death, by the mouth of witnesses: but one witness shall not testify against any person, to cause him to die.
31
Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death, but he shall be surely put to death.
33
And ye shall take no satisfaction for him that is fled to the city of his refuge, that he should come again to dwell in the land, until the death of the Priest,
33
So ye shall not pollute the land wherein ye are: for blood, it defileth the land, and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
34
Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the Lord dwell among the children of Israel.
The third and last part remaineth, laying forth the office of the Judges touching slaughter: wherein observe two things; first, the Law of putting the murderer to death, which must pass by the verdict of two or three witnesses, verse 30. Secondly, the Judges are forbidden to take any satisfaction for the life of a murderer, because innocent blood shed defileth the Land, yea in such an horrible manner and measure, that all the water in the sea cannot wash it away, for the Land cannot be cleansed of the blood that is shed, but by the blood of him that shed it. And no marvel, seeing they might take no satisfaction for him y t bad killed a man at unawares, to deliver him from the city of his refuge before the death of the high Priest. From these words we learn, how heinous a sin murder is. Again, that willful murderers are not to be spared, the eye of the Magistrate must not pity thē, if they be desirous to revenge the dishonor done unto God, or to cleanse their own Land, or to save their own lives. But mark farther how GOD will have such proceeded against; they shall not die by the mouth of one witness: he requireth in judicial courts, that every matter should be tried by two or three witnesses, that the guilty should not be aquitted, and that the innocent might not be condemned. So then the point from hence is this, that God will have no innocent person put to death, but that everyone should receive according to his own works. Deut. 13, 14, and 17, 4, Thou shalt inquire, and make search, and ask diligently, whether it be a truth, and the thing certain: he will have no man condemned upon accusations, suspicions, and presumptions, Isaiah 5, 13, Psal. 37, 6, Pro. 24, 23. This was the sin of Saul, who commanded to kill the Priests of the Lord, 1, Sam. 22, 16, as if they had conspired against him, Job 29, 16.
[Reason 1] The grounds are these; first from the nature of God, he is a just and righteous God, the Judge of all the earth, and he respecteth no man's person; therefore they that sit in his place and execute his judgment, and have his Name communicated unto them, ought to deal uprightly, Deuter. 1, 16, 17. Secondly, wrong judgment is abominable in the sight of God, Pro. 17, 15, whether it be to justify the wicked, or to condemn the innocent. Thirdly, it kindleth the Lord's wrath against the land, when innocent blood is shed, Ier. 26, 14, 15, As for me, behold I am in your hand, do with me as seemeth good and meet unto you; but know ye for certain, that if ye put me to death, ye shall surely bring innocent blood upon yourselves, and upon this city, and upon the inhabitants thereof, as 1 Kings 21, 19.
[Use 1] The uses follow. First, this serveth for instruction to all that are in authority, to take heed to themselves, that they walk with a right foot, and turn neither to the right hand nor to the left, according as God requireth Levite. 19, 15, Thou shalt do no unrighteousness in judgment; thou shalt not respect the person of the poor, nor honor the person of the mighty, but in righteousness shalt thou judge thy neighbor. Against this they offend many ways: when they give false judgment, and cause the same to be executed: when they defer judgment, & put it off, as Felix did from day today, Acts 24, 25: for while judgment hangeth thus in suspense, the just is often taken for the unjust, and contrariwise the unjust fought the just: lastly, when the sentence rightly pronounced is delayed, and sometimes not at all executed. The Scripture expresseth the fault and the punishment by one and the same word, to teach that they should be joined together, and not severed, and that he should be holden for innocent and unblameable that hath no punishment inflicted, Exod. 20, 7: and therefore the error of the Romanists is blasphemous, who lay this injustice upon God, that he forgiveth the faithful their offenses, but retayneth the punishment. All men do very willingly confess, that it is a very heinous crime to condemn the just man; but they do not in like manner, and with like zeal abhor from justifying the ungodly: but the Spirit of God testifieth, that they are both abhominable in his sight, he abhorreth the one no less then the other: and so it ought to be with those that sit in place of judgment, otherwise they transgress the Law of God, which commandeth, that his blood should be upon his own head. Again, such persons are for the most part made worse and worse, and are never brought to repentance, as experience commonly teacheth. Besides, by this sparing and winking at evil, the godly are often grieved, and sometimes are emboldened to evil. Lastly, other wicked men by their example are encouraged, and their hearts are hardened. Hence it is that Solomon saith, Prov. 24, 24, He that saith unto the wicked, Thou art righteous, him shall the people curse, nations shall abhor him. This equity doth Moses also propound in the Law, If there be a controversy between men, and they come unto judgment that the Judges may judge them, then they shall justify the righteous, and condemn the wicked, Deut. 25, 2.
But it will be said, [Object.] that the Scripture teacheth, that God justifieth the ungodly, Rom. 4, 5: and therefore he that executeth judgment may do the like also. I answer; first, [Answ.] that is lawful for God to do, which is not lawful for man.
Again, God in justifying the ungodly, of unrighteous maketh him righteous, and by paying a dear price for him, cleanseth and washeth away his impiety, and giveth unto him another mind then he had before, which no mortal man is able to do; and therefore it is unreasonable to pretend the example of God, or to allege it to justify themselves when they justify the ungodly. This corruption must needs be evil, because it proceedeth from evil fountains; for judgment is stayed, or perverted, either through fear, or covetousness, or hope, or hatred, or favor, or malice, or letters, or such like affections which blind the eyes, and stop the ears, and pervert the wise, 2 Chron. 19, 6, 7. But in the mean season they displease the Lord, and by winking at the wicked they make thenselves abominable to the chief Judge of heaven and earth, before whom they must come to be judged: and in sparing of grievous transgressors (which ought to be punished) they make themselves accessories to their transgressions, & many times like Saul & Ahab, & Pilate, they bear a part of the punishment.
Secondly, this admonisheth all Iurers, that [Use 2] they take great heed whom they acquit, and whom they condemn. If they condemn the innocent, their blood will be required at their hands. And if they justify any that are guilty of blood (which is a crying sin) or other heinous enormities, & labor the rest of their fellows & companions to join with them, they are brethren in evil, and stain the judgment seat with unrighteous proceeding, which is worse then if they should cast dust and dung in the Judges face. These do often forget that they are sworn men, and give their verdict upon their oth: for if they did, they would not so lightly set their souls to sale. These for the most part think themselves excused by the Judge, and hang more upon his mouth, then hold themselves to the matter. Such persons ought not to be simple men, but such as should be able to judge, and to discern between right and wrong.
[Use 3] Lastly, let us come to witnesses, which are other parties in the matter of judgment, and are especially aimed at in this place; it directeth and informeth them to know what they do, and where they stand. Let them take heed what they depose, lest by forswearing themselves, they renounce the living God, and bring damnation upon their souls. A man would think that an oth were such a weight and burden upon the conscience, that no man would dare to step forth, and lay his hand upon the book, and afterward sell himself to the devil. There is nothing so vile & wretched, but some will be found as vile to set it on foot. If Ahab be sick for Naboth's vineyard, Jezebel can quickly by her letters procure two false varlets and vnthrifts in Samaria to bear false witness against him, 1 Kings 21, 10. So when the malice and envy of the Pharisees grew to be extreme against Christ, and that they feared the fall of their kingdom, though he were innocence it self, yet there were found false witnesses to condemn the innocent, Math. 26, 60, 61. Hence it is, that the Ecclesiastical Laws have not hand over head admitted all without difference and discretion to be brought and allowed as witnesses, but have set down seven just considerations of exceptions against witnesses, in this manner,
The first point to be respected in witnesses is, that they be of age: for such as are infants, children, or yonglings know not the depth of the cause, nor the validity of an oth, nor the distinction of matters whereupon they are to be produced, and therefore they may stand by while the jury is impanelled. And to these we may join the old doting age which decayeth in understanding, no less then it doth in strength of body. Secondly, the condition of the persons, whether they be bond or free. The tenant for his land-lord, the servant for his Master, the father and son one for another are worthily esteemed to be partial witnesses. Thirdly, the sex whether it be man or woman: for a woman's testimony wanteth much of the weight of the other, because many of them are partial and passionate, & light creatures, if it be opposed against the testimony of a wise and considerate man. They are soon led aside by affection, by pity or favor, and therefore never any of them were admitted to sit in place of judgment, where the Judge should know neither father nor mother. Fourthly, discretion; for idiots and lunatike persons, or mad men, would prove but mad witnesses to be admitted in trials of truth, who cannot discern aright of themselves and of their own estate. For how should they be able to dive into the causes of other men, that have not the use of reason or understanding? Fifthly, fame is not to be contemned in this case: for they should be men of good report and credit in the places of their abode: not common swearers, not liars, not drunkards, and ruffians: for such as swear commonly, make no more conscience of an oth taken before a Judge, then of an oth sitting upon their ale-bench: and such as are tainted and stained with the reproach of many evils, will easily be drawn to add one sin of perjury more to the heaps of their other wickedness. Sixthly their estate or ability, what their lands or livings be, what goods and substance they have, where their dwelling and abode is, whether they have anything to lose; and be able to make satisfaction, if happily they be found tainted. For beggars and bankrout, strangers and stragglers, unknown and untried, may soon be brought to lift at an oth for a little money and for hope of gain: and the party grieved and abused by their falsehood and forgery, shall purchase their ears (when they are in the pillery) at a dear rate if he list to sue at the Law for them. Lastly, their faith or religion is of special consideration, because that is the bond of all good order. If they fear God and regard their conscience, there is no fear of them, we need make no scruple of conscience to allow of them. For infidels, Turks, heretics, or unbelievers make little account to renounce & sell Christ and the Christian faith (which they do not believe) fought a small gain and advantage. Nevertheless, the Gentiles themselves did put such religion in oaths, if they had sworn solemnly by their false gods, that they feared vengeance to fall upon them, if they did break them. Thus we have seen what witnesses ought to be: now let us see how they offend when they are such as they ought not to be. For no man must think it a small offense to wrest judgment, and to be a false witness: inasmuch as they offend against God, against the truth, against the Judge, against the person accused, against the commonwealth, and against themselves.
First of all, they sin against GOD himself, who is the Author of truth and the President of judgment seats; for they fear not to lie shamelessly to his face, and to pollute and defile his Tribunal, they despise and contemn his Law, and call upon him to be a witness of falsehood. Secondly, they do offend against the truth, which is that only light wherein the knowledge of things consisteth: this they go about to darken with their lies, and to hide it from the sight of men, as they that cover a candle under a bushel, or like to thieves that cannot abide the light, but put it out, that neither they nor their doings may be espied. Thirdly, they transgress against the Judge, who pronounceth sentence according to the words of the witnesses, and maketh their depositions as a rule to guide and direct him. It is a common thing for the Judge to err and to go astray, being seduced and deceived by their falsehood, pronouncing with his mouth, sealing with his hand, and striking with his sword, otherwise then it ought to be: who ought to be the instrument, the oracle, and the interpreter of God. Fourthly, against such as are accused and brought to judgment whether they be guilty, or not guilty. If they be guilty, and be acquitted and discharged by them, they free them from punishment, which might be a good means to do them good, when they should receive according to their deserts: and besides, they encourage them in evil, because to escape without punishment, inflameth them with a desire to continue in evil. If they be not guilty, they are wronged and oppressed by their false testimony, either in their life, or in their goods, or in their name, or in such like earthly blessings. For whatsoever is taken from the condemned person by sentence of the Judge, is all done by the fault of the false witness. If life be taken from him, he is the murderer: if he lose any of his goods, he is the thief: if his good name be impaired, he is the slanderer. Fifthly, against the commonwealth, because the end of judgments and of the courts of justice is not attained, to wit, the peace and tranquility of the people. For wherefore serve so many places and seats of judgment, but that we should lead a peaceable and a quiet life? The end of war is said to be peace, so the end of suites is, that we should not sue. Now this great and precious jewel of peace is wronged and wrested, when the Judge, following the rule of the witnesses, and judging according to things alleged and proved, doth condemn the innocent, and absolve the guilty person. For as he is injurious against my body y t cutteth off a sound arm or leg; so is he against y e city, which casteth way a good and profitable citizen. Again, as he is hurtful to my body, that doth not cut off a rotten member, or persuade the Surgeon to cut it or to burn it, when need requireth, because the sound members that remain are endangered thereby: so likewise he that moveth or persuadeth the Judge to acquit a guilty person, who is no better to the common-wealth, then a rotten member is to the body, is an enemy to the state, and injurious to the body political. Lastly, against himself, because he depriveth himself of all blessings belonging to soul and body. The Lord professeth himself to be a sharp and speedy Judge against those that swear falsely, Zach. 5, 4. Mal. 3.5. Hence it is, that Solomon saith, A false witness shall not be unpunished, and he that speaketh lies shall not escape, Prov. 19, 5.9, and chapt. 25, 18, A man that beareth false witness against his neighbor is a maule, and a sword, and a sharp arrow, to wit, not only toward his brother, but striking, piercing, wounding, and hurting himself. It is the part of an envious person to pull out both his own eyes to put out one of his neighbors: but such are all false witnesses, they annoy themselves in soul and body, that they may hurt the body only of their brother.
So then, a false witness doth hurt himself more then he doth another, or can do. He may by his false testimony take away his goods or his life, or his name, and this is all: when in the mean season he destroyeth and damneth his own soul, and casteth it into hell fire, there to be tormented with the devil and his angels.
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ANd the Lord spake unto Moses, in the plains of Moab by Jordan, near Jericho, saying:
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Command the children of Israel, that they give unto the Levites of the inheritance of their possession, Cities to dwell in: and ye shall give also unto the Levites suburbs for the, &c.
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And the Cities shall they have to dwell in, and the suburbs of them shall be for their Cattle, and for their goods, &c.
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And the suburbs of the Cities which ye shall give unto the Levites, shall reach from the wall of the City and outward, a thousand cubits round about.
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And ye shall measure from without the City on the East side, two thousand cubits, and on the Southside two thousand, &c.
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And among the Cities which ye shall give unto the Levites, there shall be six Cities for refuge which ye shall give to the manslayer, &c.
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So all the Cities which ye shall give to the Levites shall be
48.
Cities.
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And the Cities which ye shall, &c.
IN the former chapter we spake of the inheritance in general. Now we come to the particular, and first touching the Priest, which is an exception from the former. Of this chapter there are two principal parts: first, a commandment to assign certain Cities for the use and dwelling of the Priests and Levites, who otherwise had no portion allotted, chap. 29. Secondly, Laws prescribed touching manslaughter. Touching the first, we see that albeit in the former distribution of the inheritance there be no mention made of the Priests and Levites, yet God will not forget them himself, neither have them forgotten by others, but provideth for them places of habitation, and assigneth to them 48. Cities, with their suburbs, wherein they are appointed to dwell. Touching their food and sustenance, they had the first fruits and the tithes of the fruit of their land, and of the increase of their Cattle. And because he would have them want nothing that was needful for them (although men's devotion and charity is such, that they could be content to see them want all things) he taketh order in this place for their houses and dwellings, and that in a plentiful and bountiful manner, considering the compass of the land, as we described it in the former chapter. For besides the many Cities appointed, they had suburbs, with a thousand Cubites in compass about those cities for barns, outhouses, and stalls for cattle; besides fields, stures, and meadows, containing two thousand cubits more for feeding and breeding of their cattle. These were not assigned unto them out of one or two tribes, but selected out of them all, yet in such sort, that the tribes which had the larger inheritance must set apart the more, and they that had less were to give the fewer: and thus was a just and equal proportion observed, that one should not be eased, and another overburdened. Thus were the Levites dispersed in Jacob, and scattered in Israel, that so God might be served and his worship preserved throughout the land. Thus God would have all his people in all corners and quarters to be taught and instructed, the small as well as the great, plain villages as well as famous and populous Cities, as we have shown before, chap. 3. Thus was the punishment laid upon Leut, Gen. 49, 7: turned into a blessings, and their reproach changed into matter of honor and dignity. These were commonly called the Cities of the Levites, not that they only dwelt in them, but because they among others dwelled in them, the youth were instructed in the liberal sciences, the law of God was expounded in the Synagogues, there also public schools and colleges were built to be as holy Seminaries and Nurseries of piety and religion, as we do read in many places of the books of Samuel and the kings.
Moreover observe, that out of these Cities of the Levites God maketh choice of six Cities of refuge, whereof three are in the land of Canaan, and the other on this side Jordan: and these were not chosen to be together, but they were so fitted, that every part of y e Land had one of them at hand, least such as were without fault and innocent should be pursued and slain by the avenger of blood before he could recover any of them. Now these Cities are assigned out of the Cities of the Levites, rather then out of any othet, y t the places might be more respected, and be more inviolably observed: and it is presumed that the Priests would not protect willful & wretched offenders, and so defile the places which were granted only to be Sanctuaries for the innocent. Thus did God allow Sanctuaries & privileged places among his people, and many other nations in all times, and of ancient times have followed this example. But whether it be expedient in the days of the Gospel to entertain and give way unto them, may be a great question.
Peter Martyr disputing this point, whether they are to be retained or abolished, delivereth his opinion, that because the law of God allowed them, the customs of nations approved them, and for that there may be at sometimes just cause of them, therefore they may have place among Christians, so that certain conditions be observed. First, that neither public nor private wealth be any way hurt or damnified. Secondly, that vices be not nourished and fostered by hope of pardon, or escaping without punishment. Lastly, provision must be made, that they should not stand open to all sorts of offenders, but only be granted to certain persons: as when a man at unawares hath killed another and feareth the avenger, or is oppressed and over-burdened with debt without his own fault & feareth the creditor. Nevertheless, it seemeth to me, that these reasons carry more show then substance, and persuade rather by the number, then by their weight. For to allow such Sanctuaries, and yet to limit them with these cautions; seemeth to me all one, as if one should deliver a knife into the hands of a child, and then appoint three or four keepers and overseers to attend upon him, to take care that he do no hurt to himself or to others; whereas the knife might more safely be taken away, and the labor of the men better employed. And as for the two particular instances that this learned man giveth, in case of man-slaughter and debt, there are Courts of justice and conscience to try every man's cause, and to mitigate the rigor of such as are merciless: and therefore howsoever we have had Sanctuaries and other privileged places among us, as appeareth in our Chronicles, in the late reign of Edward the fourth, & Edward the fifth, the memory whereof yet remaineth (which peradventure may yet be in force) yet through disuse and discontinuance of them it may appear that the evil was judged to be greater then the good that came by them. And if some inconvenience in someone case might fall out through want of them, it were better to bear that inconvenience by missing of them, then to admit a mischief or rather an heap of mischief, by retaining of them. But howsoever it may be judged in some certain cases a matter of charity to allow to some persons the Sanctuary, to save themselves from such cormorants as would never be satisfied but by the body and blood of the poor debtor; yet because under color and pretence of this protection, infinite enormities would arise unto the detriment of the Commonwealth, and that the former supposed causes may be better remedied by other means no way hurtful or prejudicial at all to any, it were much better quite to dissolve them, then to retain them. For grant once this privilege and immunity to such as are grown to decay by inevitable losses, you shall have others in time claim that benefit (yea, and perhaps sooner receive it) that are gone to decay by their own negligence and unthriftiness. And if it were needful or expedient in case of debt to allow the Sanctuary, no doubt the Lord himself setting up these Sanctuaries, would have extended the liberty to such persons to fly unto them: whereas among the people of God none were allowed to have refuge unto them, but such as were pursued by the avenger of blood. And if there were no other reason to abolish them, it were sufficient to see the horrible abuses of them in the Papacy, where murderers, and traitors, and varlets, and a rabble of all sorts of cut-throats (as we shall see afterward) are protected, and allowed to be protected, contrary to the express commandment of God, Exodus 21, 14. If a man come presumptuously upon his neighbor, and slay him with guile, the thou shalt take him from the Altar, that he may dy. And we see the practice of it in Solomon, 1 Kings 2, 31: for when Joab a willful murderer, that slew two men more righteous and better then him self, and shed innocent blood in the time of peace, fled into the Tabernacle of the Lord, and caught hold upon the Altar, he commanded him to be slain in that place. But to return to the former point, whether this be inconvenient or not, this is most certain, that no states do so much offend by denying of them, as the Romanists do by admitting of them, whereby it cometh to pass, that Churches and Monasteries are turned into dens of thieves. It is noted, that Innocentius the third wrote to the king of Scots that then was, That no man should be taken by violence out of the church albeit he had committed very heinous offenses. Howbeit lest they should seem to let open a window, and to set loose the reins unto all sorts of wickedness, they have excepted some certain cases. First, they will not defend common thieves and robbers which do stand by the high-way side to set upon such as pass by, whether it be by day or night: neither yet those that offend grievously in the Church or Churchyard, in hope there to be privileged, because such ought not to be protected by the Church which sin heinously against the Church. As for other wickedness and most lewd and loose villainies, as the murthering of men, the ravishing of Virgins, adulteries, and such like practices, they defend them, as appeareth in the Decrees. And they offer this immunity and impunity not only to Christians, but to the Jews and heathen people, yea to excommunicate persons, and to heretics, provided, that the heretics come into danger for other crimes; whereas if it be for heresy, they are denied the benefit of the Sanctuary. Neither is this liberty granted to the Church only, but to the Bishops palace, albeit it be not joined unto the Church. As great a privilege likewise they grant to their breaden-god (and great reason, why?) so often as it is carried about in pomp and procession, or unto the sick; for if in such case any man join himself to the Priest, he hath a safeguard and Sanctuary. Many such like enormities are committed, and pass as currant among them, and so much wickedness goeth unpunished, whereby God is offended, the Church is polluted, and the Land it self is utterly defiled; and yet such places of special privilege and protection, are retained and defended.
[Command unto the children of Israel, that they give unto the Levites, &c.] Here we see, what great allowance God gave to those that ministered at the Altar, and did the service of the Tabernacle. And albeit the Levitical Priesthood and all that ministration be now abolished, yet because God to the end of the world gathereth unto himself a Church by the Ministry of the most holy Word and Sacraments, he will have his Ministers also under the Gospel sufficiently provided not only of sustenance and maintenance, but also of houses and habitations fit for them, that they might wait upon their office without disturbance or distraction.
This teacheth us, that the Ministers of the church must be provided of food & raiment, of houses and dwellings, and of all things necessary for thē. This is proved at large in this place; here it is commanded, & in the book of Joshua it is performed and executed, as we may read in Chap. 2.1, 2, 3, 4, &c. where we see particularly what Cities every tribe gave as the Lord commanded by the hand of Moses. The like we see in the prophesies of Ezekiel, Chapter 45. verses 1, 2, 3, 4, &c. that when the Messiah is exhibited, and the Gospel preached throughout the world, the Land shall be otherwise divided, so that part of it shall be assigned to the house of the Lord, part shall belong unto the Priests and to the Levites, verse 4, and 5. showing thereby, that the Ministers of the Gospel must be maintained. By the law of nature, every man was bound to give something for the furtherance of God's service, of such temporal goods as GOD had given him, Gen. 14. verse 18. and 28. verses 20, 22. Levite. 27. verse 30, Numb, 18. ver. 28, Deut. 14. verses 28, 29. 2 Chron, 31. verses 4, 5. It is noted touching the zeal of good king Hezekiah, when he had appointed the courses of the Priests and Levites, every man according to his service, he commanded the people to give the portion to the Priests and Levites, and by and by they brought in abundance the first fruits of Corn, and Wine, and oil, and Honey, and of all the increase of the field, and the Tythe of all things brought they in abundantly.
Neither doth this belong only unto the [Reason 1] times of the Law, but likewise of the Gospel. For, the ministry of the Gospel is much more glorious then of the Law, and the calling of the Ministers of Jesus Christ, is greater then of those that served at the Altar: for, as John was far greater then any of the Prophets that went before him, so he that is least in the kingdom of heaven, is greater then he, as Matth. chap. 11. verse 11. If then, the Levites were so bountifully and liberally dealt withal, whose service was to take end at the exhibiting of the Messiah, then much more ought they whose ministry and service must stand and continue for the perfecting of the Saints, for the work of the Ministry, and for the edifying of the body of Christ, till we all come in the unity of the faith unto a perfect man, unto the measure of the stature of the fullness of Christ, Eph. 4, 12, 13. Secondly, that they may attend to the holy things of God, & be no way disturbed. For seeing the Apostle giveth it in charge that they must give attendāce to reading, to exhortation, & to doctrine, 1. Tim. 4, 13. how can they watch over the flock, and give themselves to these duties, except they have provision made for them accordingly? or how can they prepare a Table well furnished for the people in the church, when they have nothing to set on their tables in their own houses? Or deal bread unto the hungry, when they are hungry themselves? or how can they fil the people with the food of the soul, when the people suffer them to be empty, and to want the food of the body?
Lastly, it is required of the Ministers, that they should be given to hospitality, as well as to teach, 1 Tim. 3, 2. the Apostle joineth both these together. But how shall they show work of charity, when they have not to supply their own necessity? Or how shall they entertain strangers, when they are not able to maintain their own families? Or how should they do this good unto the Church, when they themselves want it in their own private houses?
[Use 1] The Uses remain. First this reproveth the corrupt dealing of wretched and miserable people, who detain from the Ministers their liuelyhood, whereby they should help themselves, and relieve others. The Popish sort think nothing too good for their priests and shavelings, but we have those that think everything too good for God's faithful Ministers; their maintenance is too stately, their diet too dainty, their apparel too costly, their houses too lofty: they could be content they were put to earn their living with the spade and shouell. They will not willingly afford them anything, and they think it well saved which is purloined from them. They are accounted the best husbands that can most cunningly and craftily go beyond them: and such as can thrust a new custom (though it were never heard of before) upon them, to defeat and defraud them of that which is due unto them, doth account himself to leave his land in the best state, & to provide exceeding well for his posterity, and to rid his demeanes of a very great bondage. In former times, tithes were counted as a debt to the Minister, now it is held a bondage or slavery to pay them. And yet these are they that cry out with open mouth against the cruelty and covetousness of the Clergy, like Judah that exclaimed against the incontinency of Tamar, when himself was guilty of no less crime, Gen. 38. Secondly, it reproveth such Patrons as enrich themselves with the livings of the Church: who present other to the place, but retain to themselves a share out of the same. These do bestow the benefice, but they keep the benefit, never considering that it is a snare to the man who devoureth that which is holy, and after vows to inquire, Prov. 20, 25. Now that is to be accounted holy w c is dedicated to holy uses, whether it be to the worship of God, to the maintenance of the Ministers, to the furtherance of schools and good learning, or to the relief of the poor, and therefore the abolishing or diminishing of these, is condemned as sacrilege against God, Deut. 23, 23. Their forefathers were liberal in furthering the worship of Images, nay of the devil himself, imagining it to be the service of the true God: they spared not to enrich those that were seducers and ringleaders to eternal damnation, though they were also unlearned and ungodly, & unfit for that calling, yet somewhat they gave them out of baptizings, and the other counterfeit sacraments, out of burials, trentals, masses, months minds, everything yielded some see and stipend, whereby they grew rich in the world: whereas the children of these grudge to give anything to their learned and godly pastors which God hath in mercy bestowed as a special gift upon the Church, but give thē cause to complain of their wants of mere things necessary. The Prophet Malachi is not afraid to pronounce that such unconscionable dealing is not so much an injury to mā, as to God himself, Mal. 3, 8, 9. Ye have robbed me in tithes and offerings, saith the Lord. And in the Law it is expressed, that the tribe of Levi had no inheritance, nor any part among their brethren, But the Lord was their part and their inheritance, because that which fell unto them was dedicated to God; and lest the people should think that the Ministers were beholding unto them for it, therefore God claimed the tyths to be his, Leu. 27, 30: & by his gift assigned them over to the Levites. No man can touch the Lord's right to take it away, and be guiltless; for it is as a snare wherewith the hook is covered, and the fish or fowl deceived and entrapped. The profit that cometh by seizing upon holy things, promiseth much gain and advantage, yet let it seem never so sweet and pleasant to the taste, it shall be as gravel, nay as poison in the stomach, & in the end shall sting thē more dangerously that swallow it, then if they were bitten with scorpions & venomous serpents.
Secondly, it is the duty of the people to [Use 2] have a care of their Ministers. For seeing God hath appointed them to serve him, & to teach his people, that his way may be known upon earth, & his saving health among all nations, it is great reason they should be maintaind for that purpose. The Levites were descended of the linage of Abraham no less then any of the other tribes, & therefore a part of the inheritance belonged to them: nevertheless God put them from it, because they should not be troubled with tilling the ground & such like business, but give themselves wholly to the fulfilling of their office. And as the Ministers are often exhorted to do their duty, so must the people know, that God requireth a duty at their hands, y t they provide for them, as Deut. 12, 19. And doubtless in that special charge given to the people, God more respected the benefit of the people themselves, thē the profit of such as were to be maintained. The Ministers are to be maintained in a temporal estate, but the people in the unity of faith, and in obedience toward God, that so the true religion might be preserved in purity.
Lastly, this serveth to put the Ministers in [Use 3] mind of their duty. For wherefore hath God all this care over them, but that they should care for the people? And wherefore are the people to provide for their bodies, but that they should watch for their souls? This serveth to drive from the Altar such as are ignorant Ministers, that are not able to teach the people. Ignorance is a grievous sin in all, but especially in the Minister, who must not only have light in himself, but give light to others; and must not only know the way to God's kingdom, but show the way unto others. For God never meant that idol shepherds should have the places and provision ordained for such as will take pains. These thrust themselves into this great work and high calling of the Ministry, and yet are unfurnished of those gifts which should fit them for this function, 1 Tim. 3, 2. and 2 Tim. 2.2. They should be Lights of the world, and yet sit in darkness themselves: they are called to be Salt, but they are unsavory. The Minister in the Church is as the eye in the body or as the candle in the Lantern. If then the watchmen be blind and have no knowledge, The blind must needs lead the blind, and then both fall into the ditch, Matth. 15, 14. The Ministers should be the mouth and Messengers of God unto the people; but if they be dumb and cannot speak, they are not able to deliver their Ambassage. They should be Nurses of God's children to feed them with the sincere milk of the word, that they may grow thereby, 1 Peter 2, 2: but these have dry breasts and starve God's people, and are guilty of murder in his fight. They take upon them to be Stewards of God's family, to give them their portion in due season, Luke 12, 41: but they have no skill to break the bread of Life, neither to divide the spiritual food of the word aright. And whereas the Sheepeheards should feed the flock, they feed only themselves with the milk of the flock, and clothe themselves with the wool. They do think themselves to be Captains and overseers of the Lord's host, to go before the people, but they are not able to handle the sword of the Spirit, nor to prepare the people for this spiritual warfare. These sin grievously by invading the Lord's inheritance, and presumptuously taking upon them this great office unto which they were never called of God. For this is a certain truth, whomsoever the Lord sendeth, him he furnisheth and enableth in some measure to discharge the duty which he requireth of him. His calling is not an idle, but an effectual calling, and is able to demonstrate it self so soon as it is given. When God had called Aholiab and Bezaliel to build his material Tabernacle, by and by they were filled with the Spirit of God, in wisdom, in understanding, and in knowledge, Exod. chap. 31. ver, 2. and chap. 35, verse 31. Will he then make choice of any to build the spiritual Tabernacle (which is his Church) in whom is no grace of the Spirit of God, no wisdom, no understanding, no knowledge at all? Solomon saith in the Proverbs, He that sendeth a Message by the hand of a fool, cutteth off the feet, and drinketh damage, chap. 26, 6. No man that is wise will send such a Messenger that hath any care or desire to have his message deli • ered: and therefore we may not think that the wise God will use such in his service. On the other side, as the cold of snow in the time of harvest (where the heat aboundeth) is most welcome • so is a faithful messenger to them that send him, for he refresheth the soul of his masters, Prov. 25, 1 • . These are they that destroy no • only their own souls, but bring destruction to the people that depend upon them, Prov. 29, 16. And as God provided not maintenance so carefully for the ignorant Minister, so we may saw the same of the careless and idle Ministers, who having learning & knowledge do want conscience of their duty. For their knowledge must show it self in practice, Mal. 2, 7, and they must have not only the head, but the tongue of the learned to minister a word in time to him that is weary, Isaiah 50, 4. They must not only have the talent, as the unprofitable servant had; but they must use their talent, as the good and faithful servants did: and as they ought to have store of provision, so they must distribute it to the relieving of God's people: or else being able to teach and yet will not, they are worse then they that would and cannot. A rich man that hath his barns and granaries full of Corn, & yet suffereth the poor to famish for want of food, deserveth justly the curse of God and man, Prov. 11, 26. Whereas blessing shall be upon the head of him that selleth it. In like manner, the Ministers that are rich in grace, and well stored with knowledge, who seek nothing but to engross more into their hands, but will part from nothing at all, have cause to fear to be accursed of God & man; whereas they shall be blessed & praised in the gate, that make others partakers of their store. Wherefore let all such consider the commandment of God to preach the word, oftentimes repeated and urged to the Prophets, Es. 58, 1. and to the Apostles and other Ministers of the word, Math. 28, 19. If then we regard what the Lord saith unto us, we must hearken to his voice. Secondly, hereby we testify our love to Christ, who hath dearly loved us, John 21, 15. God hath so loved us, that he spared not his only begotten Son but gave him to the death for us, and therefore we are most unthankful wretches, if we do not love him again; but we cannot testify our love to him more, then by feeding his Sheep and his Lambes. Thirdly, we have committed to our charge the price of the blood of Christ, the souls of mē, which he bought at a dear rate, Acts 20, 28. Fourthly, the Ministry of the word is the ordinary means ordained for the building & planting, the enlarging & strengthening, the upholding and continuing of the Church of God, 1 Pet. 1, ver. 23, 25. Fifthly, there is a gracious promise of a very great reward made unto those men that are faithful and gain souls to their master, for they shall shine as the Stars forever and ever, Dan. chap. 12. verse 3: and when the great shepherd of the sheep appeareth, they shall appear with him in glory, 1 Peter, chap. 5. verse 4. and be made heirs of all their masters riches, Mat. chap. 24, verses 45, 46, 1 Tim. 4, 16. 2 Tim. 4, 7, 8.
Sixthly, all such as are negligent watchmen have a fearful woe denounced against them, because while they feed themselves unto the full, they suffer the flock to starve. Ezek. 34, 2. 1 Cor. 9.16.
Seventhly, such as have gifts and do not use them, have them (in God's just judgment) taken from them, Matth. 25, 28, Zach. 11, 17. For as such as use and employ the talent that God hath given them, have his gifts increased in a plentiful measure: so they that bury their knowledge and zeal, and never bring them forth, they are so weakened and wasted in them, that in the end they vanish away as smoke, and come to nothing, as is too too evident in many of our times.
Lastly, they bring destruction and damnation upon themselves and the people, Ezech. 34, 8, 10. Matth. 25, 10.
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And the Lord spake unto Moses, saying:
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Speak unto the children of Israel, and say unto them, when ye be come over Jordan into the land of Canaan:
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Then ye shall appoint you Cities to be Cities of refuge for you, that the Man-slayer may flee thither, which killeth any person at unawares.
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And they shall be unto you Cities for refuge from the avenger, that the man-slayer die not, &c.
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And of these, &c.
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Ye shall give three Cities on this side Jordan, and three Cities shall ye give in the land of Canaan, &c.
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These six Cities shall be for refuge.
The commandment of God touching the setting apart of Cities for the Levites hath before been considered in general: now he speaketh in particular of the Cities of refuge taken out of the former Cities, wherein we see the number of them, the end wherefore they were appointed, and the places where they are to be taken. Of murder voluntarily and willfully committed, Moses speaketh in the words following, such persons must be pulled from the Altar, Deut. 19; and put to death: but when blood is shed at unawares, there is liberty to fly to one of these Cities of refuge. Whereby we see, that there is difference between sin and sin, between such as are committed ignorantly, and those that are done voluntarily. And therefore we may conclude from hence, that all sins are not equal. Touching the avenger of blood, we shall speak more afterward; howbeit here we see that he which had killed another at unawares was in danger to be pursued, over-taken, and slain by the next of kin, as well as he that had shed man's blood willfully. True it is, God alloweth not that the kinsman of him that is slain, should take away the life of him that was guilty, but such was the malice and corruption of men, that they would be ready to add murder to murder, that blood should touch blood, unless some place of safety had been provided.
This teacheth us, That howsoever God hath made us keepers of the lives one of another, yet by nature we thirst after revenge, and are never quiet until it be satisfied. Hereunto come the many precepts which God giveth to forbid revenge, which he would never so often repeat, were it not that he knoweth the inclination of our hearts, Deutero. chap. 32, 35. Rom. 12, 17, 19, and 1, 29, 31. 1 Thes. 2, 15, 16. Prous 12, 10. Such an one was Cain, Judas, Saul, Herod, Pharaoh, yea, such are all persecutors, and all heretics. And not only men unregenerate are of an hateful and malicious disposition, but such as otherwise have received the spirit of adoption, and the grace of sanctification, do yet carry about them the body of sin, and the corruptions of the old Adam, as we see in the brethren of Joseph, who for envy sold him into Egypt, Gen. 37, 28. Acts 7, ver. 9. And in David, otherwise a man after God's heart, for when he had received evil words for his good deeds, at the hands of Nabal, 1 Sam. 25, 22. he sware, God do so & more also to the enemies of David, If I leave any alive of all that pertain to him by the morning light, and so he prepared himself & his men for present and speedy revenge.
And no marvel, seeing the nature of man [Reason 1] is prone to all evil, and all the imaginations of his heart are only evil continually, Gen. 6, verse 5. and 8. verse 21. For malice above other things is a natural fruit of the flesh, delighting and pleasing our corruption, Galat. 5, 21. James 4, 5. Hence it is, that we are said to serve our lusts and diverse pleasures, living in maliciousness and envy, hateful, & hating one another, Tit. 3, 3.
Secondly, by nature Satan getteth the possession of us, who hath been a fierce dragon, a merciless Lyon, a cruel murderer from the beginning, John 8, 44. Our Savior remembereth unto the Jews why they were a murderous generation, and telleth them, They were of their father the devil. And it is said of Cain when he slew his brother, that he was of that evil one, 1 John 3, 12.
This serveth for reproof both of errors in [Use 1] doctrine, and of corruptions in life: and first, it convinceth the Popish Doctrine, which giveth way to man's corrupt nature more thē the word will bear, For in the point of loving our enemies they come near unto the interpretation of the Pharisees, because they teach, that howsoever a man is always bound not to hate his enemy, yet to love him he is not always bound. No marvel if these men do hold it lawful to break promise with an heretic, such as they account us to be, but falsely. This is an easy kind of Religion, and well pleasing to flesh and blood: and it may not seem strange, though multitudes be joined unto their Church: for what carnal man is there almost that would not be a Papist, when he may be held to be religious, & yet be avenged upon his enemy also? Indeed they set down two cases (least they should be thought to be too profane, and their Religion a merciless Religion) wherein a man is bound to love his enemy: First, in extreme necessity, when he is in present danger of his life, then he is to be helped and relieved, as it was with him that fell among thieves, and lay wounded and half dead, as Luke 10. verse 30. Secondly, in case of scandal, when by not helping or succouring we shall give offense unto others. Out of these two cases they conclude, that it is a counsel and degree of perfection to love our enemies, Matth. 5. ver. 44. which some particular persons, as Monks & Friars, and such cloister men take upon them to observe, who have (forsooth) obtained an extraordinary gift to deny themselves. But if this be a counsel, then the rest of Christ's sayings in that chapter, I say unto you, Whosoever is angry with his brother without a cause, shall be in danger of the Judgment, Verse 22. And whosoever looketh on a woman to lust after her, hath committed adultery, as we may read In verse 28. and so likewise of the rest, in verses 32.34, 37, should be counsels also. Howbeit the saying of our Savior Jesus Christ is a commanding, Genesis chapt. 1. verse 3. also Psalm 33. verse 9. Wherefore the Popish devotion, is a Religion wherein a man may go to hell with ease, maintaining a most devilish and damnable Doctrine, clean contrary to the direction of our Savior Christ; limiting and restraining that which Christ hath extended generally unto us in the Gospel, I say unto you, Love your enemies: and if ye love them only that love you, what singular thing do you?
Again, this reproveth such as think it to be a note of an high and generous Nature, and of a noble and notable spirit, to put up no wrong, and to seek revenge even for every trifle and small matter: to do as little wrong as they can, but to resolve to put up none. These account it a great honor and glory for a man to pursue his enemy with hatred. Wicked Lamech, descending from y e cursed race of Cain, thought it an argument of virtue and valor, and a point of much credit and reputation unto him, to be able to take revenge, yea, even seventy times seven times of any that should offend and provoke him any way: whereas Christ telleth Peter a contrary Lesson, that is, that it should be a greater honor and dignity before God and all good men, to forgive till seventy times seven times, and that in one day, Luke 17, 4. Matth. 18, 22. It becometh all Christians therefore, rather to follow the precept of Christ, then the practice of Lamech, and to learn of Solomon: Prov. 19, 11, that the discretion of a man deferreth his anger, and it is his glory to pass over a transgression: and chapter 14, 29, and 16, 32, He that is slow to anger is better then the mighty, and he that ruleth his spirit, then he that taketh a city. If then we desire true honor, and to be accounted men in the world, let us imitate our heavenly Father, who is so far from being greedy of revenge and hasty to anger and to take punishment, that he maketh the Sun to shine, and the rain to fall upon good and bad, being slow to anger, and of great kindness. The more noble sort of creatures are not desirous of revenge, but only the basest and vilest, noisome flees, wasps, hornets, bees, and such like. Among men, none more testy and subject to anger, then sick persons, in their greatest fits, who break out into sundry passions, by reason of their weakness, which they would never do in their health when they have the use of reason. Let us account it to be a shame and reproach to be like the weakest things, and rather imitate the nobler creatures, which are slow to anger, and moderate their passions with discretion. Joseph in the court of Pharaoh (no doubt) was an honorable man, he was next in the state to the king, he had what he would at his commandment, and at his word were all the people ruled, Gen. 42, 40: yet consider that he placed not any part of his honor in taking revenge of his brethren that had sold him as a slave to an idolatrous nation, and sought after his life, but in forgiving of them, and rewarding them good for evil, Genesis 50. For when they saw that their father was dead, knowing what they had deserved, and fearing the face of Joseph, they said, Joseph will peradventure hate us, and will certainly quite us all the evil which we did unto him, Gen. 50, 15, 17: and they desired him to forgive the trespass done against him, verse 17. Joseph wept when they spake unto him, and said, Fear not, for am I in place of God? but as for you, ye thought evil against me, but God meant it unto good, &c: now therefore fear not, I will nourish you and your little ones, and he comforted them, and spake kindly unto them. David was an honorable man, yet we know how he dealt with Shimei; though he were king, and wanted not others to kindle the coals of wrath and revenge against him: yea though the wretch had cast stones at him, and cursed him with an horrible curse, yet afterward he pardoned and forgave him, and sealed his pardon with an oath, 2 Samuel, chapt. 19, verse 23.
The like example we may see in Mephibosheth the son of Jonathan, that did eat bread at DAVIDS own table, (showing him favor for his fathers sake) although he were maliciously & mischeeuously slandered by Ziba his servant, and that of no less crime then high treason against the king, as if he looked that the house of Israel should restore him to the kingdom of his father, 2 Sam. 16, 3. yet he never sought any revenge of him, but was content to part from his own right for joy that the king was returned in peace to his own house, 2 Sam. 19, 30. Solomon was not ignorant, but knew well enough what was true honor; yet he giveth this counsel, not to seek any honor by revenge, Prov. 24, 29. Say not, I will do unto him as he hath done to me: I will render to the man according unto his work. It is the common sickness and disease of the world, to requite like for like, taunt for taunt, and rebuke for rebuke; and they think they may do it lawfully, and measure to others that measure which they have measured unto them, whether it be in word or deed, stripe for stripe, blow for blow, wound for wound. But this is a part of our natural corruption, which did appear in the auengers of blood mentioned in this place.
[Use 2] Secondly, as it reproveth errors in opinion, so it doth likewise errors in conversation, & in the practice of life, which meeteth with many abuses. First, here is reproved the common practice of fighting and quarrelling, w c always beginneth with hatred, & oftentimes endeth with blood. These are they that make no conscience of doing hurt and injury unto others, 1 Thess. 4, 6. 1 Cor. 6, 7, 8. Many do hold it unlawful to strike the first stroke, and to offer the first blow, and minister occasion of strife; but if another strike them and begin the fray, they think they may lawfully strike again, and return as good as is brought, and that with an over-plus and advantage. This is to make Magistrates stand for ciphers, and Laws to be of none effect, or to wax rusty in books, as a sword in the scabbard. Christ reproveth this retayling of like for like, both by word, and by example. By word, Matth. 5, 39, 40, 41. Ye have heard that it hath been said, An eye for an eye, and a tooth for a tooth: but I say unto you, resist not evil, but whosoever shall smite thee on the right cheek, turn to him the other also, &c. By example, for when he was smitten before the high Priest, he smote not again, John 18, 22, 23, but defended his own innocence. So did Micaiah the Prophet, 1 Kings 22, 24, 25: and Paul the Apostle, Acts 23, 3: they defended their cause by word, but smote not with the fist. These examples of the best we ought to have before us, to be guided by them, who were led by the good spirit of God. But in our days, when men are charged with contempt of Laws and Magistrates, & of God himself, in pursuing their private grudgings and quarrels, if they can say, Why did he give the occasion? Why did he begin with me? Why did he strike the first stroke? They think they have spoken wisely, and answered the matter very sufficiently. But thus might the Prophets and Apostles as well have pleaded for themselves, and given as good a reason of their dealing if they had stricken again; & yet they stayed their hands, and would not give blow for blow, and they are commended in the word of God. The Apostle would never have set forth the patience of Christ for our imitation, who when he was reviled, reviled not again, and when he suffered he threatened not, but committed himself to him that judgeth righteously, 1 Pet. 2. verse. 13: if he might have done wrong for wrong: but he showeth that Christ suffered for us, leaving us an example that we should tread in his steps.
Secondly, this condemneth the practice of many masters, who do after a sort nourish quarrels and contentions (as much as in them lieth) within their own doors. For if they have a servant, who being provoked & stricken by his fellow-servant, will not by and by fly in his face and strike again, or being challenged the field, will not take up the bucklers and answer the challenge, they account it the trick of a coward, and esteem such as unfit servants to dwell with them. For if having a defiance given him, he take not up the gantlet, they thus reason and conclude with themselves, If he will not draw his weapon in his own cause, he will never draw it in mine: & if he will not strike for himself being provoked, he will never strike stroke for his master if he be assaulted. This may be a rule from human policy, but it is no rule in Christian piety, neither is it after the doctrine which is according to godliness. It is the duty of servants being stricken to complain unto their masters, and it is no disgrace or reproach to do so, except it be a shame and dishonor to submit themselves to God's word. Every master is a Magistrate within the walls of his own house, to order his servants & family aright. He must give no approbation to private revenge, but make peace among them, & teach them to suffer wrong rather then to offer, and prepare to bear a new injury rather then seek to revenge an old, as we heard before by the express commandment of Christ. Not that we should understand his words literally, to turn the other cheek to him that hath stricken one, or to give away our cloak unto him that hath taken away our coat, for Christ him self being smitten did not so: but he speaketh comparatively, do so, rather then revenge thine own cause. But as challenges into the field are unlawful, so none is bound in honor to answer such challenges. Neither let any man think it is a disgrace and discredit to refuse a challenge. For besides that true grace and glory standeth in obedience unto God, wherefore I pray you, serveth the master in the house, and the Magistrate in the commonwealth, but to take up quarrels that arise, the one among his servants, the other among his subjects? It is a principal part of their office, to decide and determine the differences between servant and servant, between subject and subject. And remember this rule, that there can be no credit gotten by sinning against God.
[Use 3] Lastly, we must take notice of this corruption, and show the duties of love one to another, even toward our enemies, Luke 6, 33. Isaiah 11, 6, 7, 9. Matth. 5, 44. 1 Pet. 2, 21, 23. Now the holy Scripture layeth before us sundry motives to move us to lay aside all maliciousness and desire of revenge, and to show our selves courteous and gentle, kind, and tender-hearted one toward another. First, except we forgive, we can have no hope or assurance to be forgiven, but judgment shall be merciless to them that show no mercy, Matth. 6, 14, 15. I am. 2, 13. Matth. 18, 35. We shall find such measure at the hands of God, as we our selves measure unto others. And Christ enforceth the truth of this, by doubling of the sentence both for greater certainty of the matter, and for deeper impression in the conscience.
Secondly, God hath forgiven all his children for Christ's sake. He might have many just quarrels and controversies against us for our trespasses and sins against him, but he pardoneth all and putteth them up, to give us an example, that we should forgive and forbear one another, and if any have a quarrel against another, even as Christ forgiveth so must we do, Eph. 4, 32. Col. 3, 13. 2 Cor. 2, 10.
Thirdly, vengeance belongeth unto God and to his assigns, not to private men. It is the proper office of God, forasmuch as hereby he showeth himself to be God, Psal. 94, 1, 2. He is the Judge of the whole earth, he leaveth it not to everyone to be his own judge, Rom. 12, 19. If we should see a man set himself in the Princes chair of estate, or to place himself in his throne, and begin to usurp his office and execute judgment upon any offender, all men could condemn the fact as usurpation, and the person as guilty of high treason. Or if any of the fellow servants should take his Masters place, and offer to punish such as have offended him, and that in his Masters presence, who would not censure the sauciness of such a proud companion? Howbeit, it is greater pride and presumption for him to draw the sword that hath not the sword put into his hands, insomuch that thereby he deserveth to be smitten with the sword himself, Math. 26, 52.
Fourthly, God rejecteth all sacrifices & oblations offered without mercy, when they are accompanied with desire of revenge, Matth. 5, 23.24. The Prophet teacheth, that God required not at their hands to tread in his courts, and to bring oblations, and offer up prayers, so long as their hands are full of blood, Isaiah 1, 15. Though we come never so much, and so often before him, yet our greatest devotion is an abomination unto him, so long as we are not reconciled unto our brethren.
Fifthly, without this, no man shall see God to his comfort. At his right hand are pleasures for evermore, but they shall never taste of thē and be partakers of them that live without love, and do not live without revenge. The Apostle saith, Heb. 12, 14. Follow peace with all men, and holiness, without which no man shall see the Lord.
Lastly, if we can be content to be forgiven, then we must also be ready to forgive. It is a general rule, Whatsoever ye would that men should do to you, do ye even so to them: for this is the law and the Prophets, Matth. 7, 12. This also holdeth proportion between God and us, for as we would have him to extend mercy to us, so ought we to be merciful toward others. If we would have God at peace with us, we must be reconciled to our brethren: and if we would have him to love us, we ought to love one another; or how shall we be assured that we love God whom we do not see, when we love not our brethren whom we see daily?
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And if he smite him with an instrument of Iron (so that he die) he is a murderer: the murderer shall surely be put to death.
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And if he smite him with throwing a stone, (wherewith he may die) and he die, he is a murderer: the murderer shall surely be put to death.
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Or if he smite him with an hand weapon of wood, &c.
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The avenger of blood himself shall slay the murderer, when he meeteth him, he shall slay him.
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And if he thrust him of hatred, or hurl at him, by laying in wait that he die,
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Or in enmity smite him with his hand, that he die: he that smote him shall surely be put to death, for he is a murderer: the revenger of blood shall slay the murderer, &c.
Hitherto of the first part of the chapter, the second part followeth, which is concerning laws belonging to murder and shedding of blood: and this consisteth of three several points. First, touching willful murder. Secondly, touching murder at unawares, commonly called man-slaughter, or chance medley, which is not done of malice prepensed. Thirdly, of the office of the Judges touching shedders of blood. The first point is of willful murder, which is declared by the instrumental causes whereby it is done, whether a man smite his neighbor with instrument of iron, or throwing of a stone, or with an hand weapon of wood, to wit, voluntarily, willingly, willfully, and of set purpose, all cometh to one ende, for such a one must die the death. This exposition is plain and evident, as appeareth by the 11. verse going before, where Moses mentioneth the killing of a man by error or at unawares. Now in this case, if a man hate his brother, and hurl at him by laying of wait that he die, or an enemy smite him with his hand, the avenger of blood shall slay the murderer whensoever or wheresoever he meeteth him.
From hence we learn, that murder and shedding of blood is an heinous and horrible sin in the sight of God. Howsoever many that are fleshed and hardened in it, make no reckoning of it, yet it hath a bloody face before the high God: to do anything maliciously and unjustly against the life of a man is a sin much displeasing unto God, and that which provoketh his judgments, Gen. 9, 6. Hos. 4, 2. Matth. 26, 52. Revelation. 13, 10. Exod. 21, 12. Levite. 24, 17.
[Reason 1] The reasons are plain. First, we are all made in the Image of God, Gen. 1, 27, and 9, 6. What treason thē is it to deface this Image? for as it is treason to deface maliciously the image of a Prince, so is it no less then high treason against God, to deface the Image and similitude of God. Nay, to speak the truth, he is a double traitor, and committeth a double treason, both in regard of him whom he hath murdered, and then in regard of himself, in that he is the cause of his own destruction, & guilty of his own blood, forasmuch as he that killeth must be killed; and he that sheddeth man's blood, his blood likewise must be shed. Nay, there is no man that murdereth another, but he murdereth himself more; he taketh away the life of another, but he destroyeth his own soul, yea and causeth God to bring some judgment upon him that he liveth not out half his days. Hereunto (no doubt) Rebecca hath relation, hearing of the wicked and cruel purpose of Esau toward his brother, that when the days of mourning for his father should come, he would kill his brother Iacoh; for she said to him, Behold, thy brother Esau doth comfort himself, purposing to kill thee; now therefore my son, obey my voice, & fly to Laban my brother; for why should I be deprived also of you both in one day? Gen. 27, 42, 45
Secondly, all such as are willful murderers are accursed of God, Gen. 4, 11. Thou art cursed from the earth: and also of men, Deut. 27, 24. Cursed is be that smiteth his neighbor secretly: and all the people shall say, Amen. Hence it is, that God never suffereth such to escape, but meeteth with them one way or other, either he striketh them with his own hand that did lift up their hands to strike others, or he delivereth them over to the Magistrate. Some times he maketh them to be witnesses against themselves, sometimes to discover themselves in their dreams, sometimes to feel the torments of hell in their own consciences, and sometimes the birds of the air to reveal them. We see this in Cain, that slew his brother, for God set a mark upon him, and branded him for his wretched parricide, Genesis 4, verse 15.
This the very heathen themselves knew by the light of nature, that howsoever the murderer may escape out of some danger, yet vengeance will pursue and overtake him, Acts 28, 4. This we see in Herod that killed James with the sword, and put Peter in prison, intending also the like against him, he escaped not the hand of God long, but his deep vengeance did so dog him at the heels, that he was smitten shortly after by the greater stroke of an Angel from heaven, and was eaten up of worms, Acts 12, 2.23. Thus did Samuel speak to king Agag, 1 Sam. 15, 33. As thy sword hath made women childless, so shall thy mother be childless among women, and he hewed him in pieces before the Lord. The like we see in Joab who was smitten with the sword, as he had killed others, 1 Kings 2, 31, 32. And it is to be observed what David saith of him concerning y e blood of Abner that he had spilled, 2 Sa. 3, 29. Let it rest on the head of Joab, and on all his fathers house, and let there not fail from the house of Joab one that hath an issue, or that is a leper, or that leaneth on a staff, or that falleth on the sword or that lacketh bread.
Thirdly, God doth so detest murder, that if a beast kill a man it must be stoned to death, and his flesh not eaten, Exod. 21, 28. What? is God offended with the brute beasts? or do they sin against him, and break his Commandment? No: but thereby GOD would show how much he abhorreth the shedding of man's blood, and that man should lay it to his heart.
Fourthly, it is an offense against a man's own flesh, Eph. 5, 29: No man ever yet hated his own flesh, but nourisheth and cherisheth it; now every man is as our own flesh, Isaiah 58, 7. We see Bears, and Lions, and Tigres, and wild beasts do play together, because they are of one kind: mankind is of one kind; if we do not agree together, but prey one upon another, we are more fierce then Bears, more cruel then Lions, more merciless then Tygres, and more savage then wild beasts.
Fifthly, such as slew another violently, were taken out of the Cities of refuge by violence, God would give no protection to such beasts, neither City, nor Altar, nor Tabernacle, nor anything could yield them any safeguard, Deu. 19, 11, 12, 13. 1 Kings 2, 31, 32.
Sixthly, it is a crying sin: blood hath a very loud voice, and never ceaseth crying, until judgment fall upon the head of the murderer, Gen. 4, 10. Behold the blood of thy brother crieth from the earth. Abel was now dead, his mouth was stopped, and he could not speak; but his blood could speak, the which called and cried in the ears of the Lord GOD of hoastes from the earth for vengeance, Hebre. 11, 4.
Seventhly, no pardon was to be given to such, as appeareth in this chapter, and verse 32. Ye shall take no satisfaction for the life of him that is a murderer, which is guilty of death, but he shall surely be put to death.
Lastly, the Land is defiled by it, ver. 33, 34. Blood defileth the Land, and the Land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it: Defile not therefore the Land which ye shall inherit, wherein I dwell, for I the Lord dwell among the children of Israel.
Now let us come to the uses. First, we have just cause to fear the wrath of God; and if he come to make inquisition of blood, he shall find much blood spilled upon the earth like water that cannot be gathered up again throughout the whole Land. What abundance of injustice and cruelty is there to be found in every place, and thought to be just and upright dealing? How many are there to be found, that having once conceived anger and malice in their hearts, will remain whole days, and months, and years, before they will be reconciled, nay speak one to another? thereby depriving themselves of the mutual comfort they might reap and receive, and by suffering the Sun to go down upon their wrath, do give place to Satan to enter into them & to possess them, Eph. 4, 26, 27. And what color soever men set upon their cruelty, it is but a false painting of a foul face, as Adams fig-leaves, that covered his shame, but could not hide his sin. If it be done under pretence of law, it is a most fearful sin; the pretence it self maketh it more fearful, because feigned justice is a double injustice. When the Law is so wrested, that it is made the occasion of murder, it must needs be offensive & displeasing unto God. And albeit this sin be committed by the Magistrate, in letting malefactors go unpunished, yet it must needs be offensive unto GOD, because it is that which bringeth the guilt of blood upon the Land, & nothing can cleanse the Land from blood, but the blood of him that shed blood. This made the Prophet say to Ahab, Because thou hast let go out of thy hand, a man whom I appointed unto destruction, therefore thy life shall go for his life, and thy people for his people, 1 Kings 20, 42. Whē there was a famine in the Land in the days of David, three years, year after year and he inquired of the Lord the cause of that sore judgment; the Lord answered, It is for Saul and for his bloody house, because he slew the Gibeonites, 2 Sam. 21, 1: and the atonement could not be made, until seven men of his sons were delivered into their hands, and they were hanged up unto the Lord that his inheritance might be blessed. The sins of the sons of Eli became to be the sins of their father, not because he was their father, neither yet because he was the committer of them, but because he being a Magistrate did not punish & correct them: so likewise when judgment is not executed upon men for their sins, the blood of those which are slain must needs remain in the Land. If this be committed by way of revenge, it is also an heinous sin against almighty God, because he that doth it, preventeth God's work, and so provoketh God's wrath: for he taketh God's office out of his hand, and taketh up his place, who hath said, Uengeance is mine, Rom. 12. And if we ascend to the higher degree of men, shall we not find among them little conscience made of shedding blood? Do not our Gentry for the most part think it their glory to have their hands embrewed in the blood of innocents? What conscience is made of fighting & quarrelling for point of pretended honor, but in truth for assured dishonor and disgrace unto them, to their names, and to their posterity? for let thē set what varnish soever they please upon their combats, they shall carry y e mark of an horrible sin to their grave, God grant it be not to hell and the place of perpetual torment; and if ever GOD open their eyes, they will weep day and night for it, and be humbled for it all the days of their lives.
Secondly, [Use 2] it is the duty of Magistrates especially, and of all men generally in their places, to make diligent search & enquiry when blood is shed, by whom the blood hath been shed: and if the murderer be not found, they should crave pardon at the hands of God. And touching the Magistrates and others, I would commend to them the consideration of two things; first, that they be careful that no man die innocently, that they put no man to death without cause, Ier. 25, 14. of which we shall speak afterward in the end of this chapter. Secondly, when murder is committed, all men must do their endeavor, to the utmost of their power and means, to detect the authors of that bloody act.
Hence it is, that God requireth, that when a body is found slain upon the ground in the Land which he had given the Israelites to possess, and it is not known who killed him, then the Elders and Judges shall come forth to the dead body and wash their hands over a Bullock whose head was stricken off, and protest and say, Our hands have not shed this blood, neither have our eyes seen it: O Lord, be merciful to thy people Israel, whom thou hast purchased, and lay not the guiltless blood upon them; and the man-slaughter shall be forgiven them, Deut. 21, 7, 8, 9. Where we see that the killing of one man is a defiling of the whole country, and what care the Lord hath of the life of every man. For murder is so hated of God, that albeit the dooer thereof be unknown, yet he would have a solemn cleansing and clearing thereof to be made. And see what God requireth at the hands of the Magistrates and ministers of justice. It is not enough for them to protest that they have not committed, or supported, or favored any evil when causes and complaints have been brought before them, but they must search carefully, and inquire diligently of disorders; albeit no man solicit or seek unto them, yet themselves must be watchful in their places. Howbeit, this duty is oftentimes ill observed, and slenderly practiced. For how many are there that think themselves fully discharged, and flatter themselves with a fond imagination that they are greatly to be commended, when they patiently give men the hearing, and make countenance to help them. But God is not contented with this, he will take an account of them of a farther duty, and will not take it for a sufficient discharge to be able to say, though it be truly, There was no information given, no man made any complaint. If then Magistrates that have the sword of justice put into their hands to cut off evil doers from the City of God, shall suffer any wickedness to lurk in any Citty or corner, they themselves are guilty thereof, and it is as much in God's sight, as if they had given their consent to the practicing of it. These are they that must after a sort answer for the whole body of the people, if evil doers be suffered to nustle under them through their negligence.
[Use 3] Lastly, it is the duty of everyone to beware of all occasions and allurements that may draw us to this bloody sin. For as there is a murder of the hand, so there is a murder of the tongue, which is therefore in holy Scripture resembled unto a Razor, to a sword, to coals, to arrows, to poison, to fire: all which kill and are the instruments of death: and likewise there is a murder of the heart, of which the Apostle John saith, Whosoever hateth his brother, is a murderer, and ye know that no murderer hath eternal life abiding in him.
So then, we are guilty of this sin, even by anger and malice in the heart only, and shall have our portion in the Lake that burneth with fire and brimstone. If any man have not a feeling of this in his heart, he is more then dead: and if he labor not to repent of it, it argueth him to be past all grace, and so out of the number of those which shall see God to their comfort. For albeit such have the shape and form of men, yet they have the hearts of the very beasts. If they had the right use of reason in them, and the government of their corrupt appetites and affections, it could not be but that they would have a care of the life of their brethren, and which is more, of their own lives also.
So then, every man should examine himself and try his own heart, how far he hath been guilty of this sin of murder in every kind and branch thereof, that so we may humble our selves. Albeit it be but the anger of the heart, yet it is murder in the sight of God, & is therefore as well to be repented of, as the outward act of murder it self. To this we may join the sin of envy, when men so repine at the good of others, that they cannot be quiet or contented, because they want y t which others have, and have not so great a portion as they; for this also we should humble our selves, and labor continually against it.
To conclude, we see also what cruelty and hard-dealing is oftentimes used against poor laboring men, that get their living by the sweat of their brows, and yet many think they may use them as they list, either with turning of them off with an half-penny, for a penny, or else in exchanging other things for their work, which haply are not worth half the money, or in keeping back their wages for weeks, months, or years, which Saint James speaketh of, Chapter 5, verse 4. Behold the hire of the Laborers crieth, and the cries of them are entered into the ears of the Lord of Sabbath.
Let us labor by all means to keep our selves free from blood, and not only from the outward act it self, but from the inward thoughts of the heart, as envy, hatred, and malice; as also from the slaughter of y e tongue by cruel and cursed speeches. Such a murderer was Shimei when he railed upon David; True it is, he charged him to be a murderer, but the murder might justly and fully be discharged upon himself, for he was the man of blood, and a son of Belial, 2 Sam. 16, 7, 8. Indeed if a man have an injury done unto him, it is lawful for him to seek revenge, but he must not do it with his own hands, but as the poor widow that came to the Judge, saying, Auenge me of mine adversary; so he must complain to the Magistrate, and so seek for remedy by just and lawful means. And that we may be free from the fact it self, and not fall into it; let us look well to the fountain and beginning of all our actions, and first labor to purge our hearts, because out of the heart proceedeth all kind of wickedness. Now if that be cleansed of evil thoughts, we shall thereby stop and hinder evil works that they break not out.
22
But if he thrust him suddenly without enmity, and have cast upon him anything without laying of wait:
23
Or with any stone wherewith a man dy, seeing him not, and cast it upon him that he die, and was not his enemy, neither did seek him any harm:
24
Then the Congregation shall judge between the slayer and the avenger of blood, according to these judgments.
25
And the Congregation shall deliver the slayer out of the hand of the revenger of blood, and the Congregation shall restore him unto the City of his refuge, whither he was fled: and he shall abide in it unto the death of the high Priest, &c.
26
But if the slayer shall at any time come without the border of the City of his refuge, whither he was fled:
27
And the revenger of blood find him without the borders of the City of his refuge, and the revenger of blood kill the manslayer, he shall not be guilty of blood.
28
Because he should have remained in the City of his refuge, till the death of the high priest: but after the death of the high priest, the slaier shall
return into the land of his possession.
29
So these things shall be for a Statute of judgment unto you throughout your generations in all your dwellings.
The Law touching killing at unawares, is delivered in these words; the substance whereof is this, That if a man take away life from any suddenly without any enmity, or do cast a stone at adventure without laying of wait, or cast anything upon him and see him not, the Congregation shall deliver him out of y e hand of the avenger of blood, because though he did kill him, yet he was not his enemy, neither sought his hurt, or plotted his death. So the Lord in his law propoundeth sundry like cases, Exod. 21, 13, 14. and Deut. 19, 4, 5. Whosoever killeth his neighbor ignorantly, whom he hated not in times past, as when a man goeth into the wood with his neighbor to hew wood, and his hand fetcheth a stroke with the axe to cut down the tree, and the head slippeth from the hell • e, and lighteth upon his neighbor that he die, he shall flee into one of those Cities and live, &c: and he must abide therein unto the death of the high Priest which was anointed with the holy oil. But if such slayer shall go out of the border of the City of his refuge whither he was fled, and the avenger find him and slay him, he shall not be guilty of blood, because he had a place of safety and refuge given unto him, and he ought to have remained therein according unto the law.
Out of this division some questions will be moved, [Object.] which are needful to be handled & considered: as first of all, whether the Auenger of blood, while his heart is hot, might lawfully pursue him that killed another of ignorance, and when he found him out of his City and Sanctuary might slay him? [Answ.] I answer, God doth not approve or allow such dealing simply, but doth indeed utterly condemn it. For the judicial and political laws do not always serve to bring men to perfection, and to establish perfect holiness and righteousness amongst us, but in some sort to remedy the vices whereunto we are inclined: so that the Lord hath an eye to the inconveniences that might ensue: whereas if we will speak what the eternal law of right & wrong, which is the law of righteousness, alloweth, & what every man's duty is towards men made after the image of God; then doubtless, when a man hath given a blow with his hand unwittingly, so as it do sufficiently and evidently appear to be so, the next friend or kinsman ought not to step up to seek revenge, because in so doing he offendeth God, both in setting upon the party that hath done him no wrong by his will, Rom. 12, 29. Matth. 5, 44. and in fathering that thing upon a mortal mā, which God had ordained in his secret providence, Exod. 21, 13. God hath delivered him into his hand. This is the perpetual law of equity and honesty, and therefore that which is delivered in this place is only a posit ••• Law established no • to instruct, but to restrain thē, and to remedy a greater mischief in case they had been altogether bridled and wholly 〈◊〉 reaued of all power.
This teacheth us a plain truth, which I only point a • with the finger, that God tolerateth many things among his people, which he never liketh and alloweth, as appeareth in the cause of divorce, De • . 24, 1, they were permitted upon dislike to put away their w ••• , provided that they delivered unto her a bill of divorcement, to be a witness of her honesty, that through the willfulness and waywardness of her husband, she should not be defamed. Nevertheless, God never liked this simply no more then their marrying of many wives, because she was given to him to be the companion of his life, and the delight of his eyes, and the comfort of his heart all his days, and was as it were one part of his own person, and therefore to cast her off was after a sort a cutting off of himself in the middes, whereupon Christ saith, Math. 19, 8, 9, that the Lord did it for the hardness of their hearts. So in the case of usury, he permitteth them to take usury of the stranger, that they might not practice it toward their brother: and sundry such like, lest they should do worse.
Secondly, the question may be asked, [Object.] whether this killing at unawares or against ones will, whom God is said to have delivered into his hands, be a sin or not? This is so much the more necessary to he thought upon, because the Lord showeth, Deut. 19, 6, thar such a man is guiltless of the other man's death, forasmuch as he did not hate him before, neither did presumptuously rise up against him, to slay him with guile. Howbeit in this place such a person is commanded to remain as a banished man out of his own place & house, and from his own kindred, and is confined to the city of refuge until the death of the high Priest, which no doubt had relation to Christ. I answer, [Answ.] there is no repugnancy in all these things. For this fact must be considered two ways, judicially, or morally. If we do respect what such an one deserveth in the Court of man's judgment, it is true he is not guilty he deserveth not to dy, or to recompense life for life. But if we speak simply, what is sin by the law of God which is spiritual, who keepeth a court of conscience, an higher court and seat of Justice then all mortal men do or can do, we cannot pronounce such a one innocent or guiltless before the bench of this Lord chief Justice. Or to speak more plainly, there is a twofold Judgment, the one of God, and the other of man. In the judgment of mā he may be taken to be innocent, because Deu. 19. his blood is called innocent, to wit, in respect of man's judgment whom he hath not offended: howbeit in the judgment of God, which goeth further, and pierceth deeper, it is otherwise. The Papists because they would have some proof and testimony, or at least some show and appearance that all sin is voluntary, do allege the examples of such as have killed at unawares or against their will, and make this to be no sin, and that by the authority of their vulgar Interpreter, who saith, Numb. 35.25. Liberabitur innocens, that is, The innocent shall be delivered out of the hand of the avenger. But almighty God (who keepeth from all evil) keep us & all other good Christians from such kind of innocence. Besides, in the Hebrew Text, the word is Harotzaach, that is, The killer shall be delivered, and not the innocent person. Touching the point in general, whether all sin be a voluntary action, we have spoken before, and proved sufficiently the contrary. And albeit S. Augustine be often alleged by our adversaries, affirming that sin is an evil so voluntary, that it can by no means be sin except it be voluntary: yet in his Retractations, he maketh his opinion plain, and restrayneth that particularly, which in other places he seemed to propound and leave at large; for he saith, Sine voluntate nullum est peccatum, sieve in opere, sieve in origin: that is, There is no sin without the will, either in the work, or in the original, or the beginning.
Whereby it plainly appeareth that in the special work there are sins even in his judgment which are not voluntary, as those that come of ignorance, or of compulsion, or as concupiscence and original infection: yet all these may truly be called voluntary, in regard of the first man's first offense, in whom was the freedom of will, all which are no other but fruits and effects of his sin. So then, he teacheth that the sin which is a punishment of sin is not always voluntary, but the sin, which hath no other consideration but of sin, is voluntary. The sins which we commit, are both sins and the punishments of sin: but Adams sin, in whom we all sinned being in his loins, which was only a sin and not the punishment of any sin going before, is voluntary. And in this respect the slaughter committed at unawares, may well be said to be voluntary, because it is a fruit of the first man's disobedience, so that we may truly say, From the beginning it was not so. For if Adam had never sinned, there should never any such manslaughter have been committed.
But now to return unto the particular point in question, that the Jesuits would prove all sin voluntary, because manslaughter done without consent of will is no sin: we hold all such shedding of blood done of ignorance to be a sin of ignorance: & that no man so killing and taking away life, can wash his hands in innocence. For such a one by the law must fly to the City of refuge, and be imprisoned there, until the death of the high Priest; which argueth that there was something in the fact, or in the error by which the fact was committed, that hath need of forgiveness by Christ, the true high Priest of our profession, of whom the high Priest in the law was a figure. And hence it is, that the punishment laid upon the man-slayer was so straight, that if he were taken out of the City of refuge before the death of the high Priest, he might be slain, verse 32, forasmuch as such a one seemed to make no account of the death of Christ, nor to seek deliverance from blood by his blood.
But some man may say, [Objection.] that the City of refuge was appointed only for the trial of the slaughter, whether it were committed willingly or unwillingly, of malice or of ignorance, and not for any regard of punishment at all.
This indeed is objected, [Answer.] but it is as easily answered. For if the City had been assigned only for examination and trial of the fact, then immediately after the knowledge of the manner of doing, and the party brought to his purgation, he should forthwith be discharged and delivered. But this was not so, he must remain and continue there peradventure all the days of his life, at least all y e days of the high Priests life. Besides, the high Priest might have died the next day after the man-slayers flying thither before his cause came to be handled and tried, yet even then he was to be set at liberty. Therefore it appeareth, that this was also a kind of punishment, and was inflicted for farther detestation of manslaughter, so that if the slayer were found out of his City before the death of the high Priest, the avenger of blood might kill him, and yet not be charged with his blood. So then, as the death of the high Priest did free the manslayer, so such persons were taught to fly to the death of the Messiah that must be slain, in whom was all their hope of deliverance, and comfort that this their sin should be done awah. Ambrose is clear in this point, that the high Priest signifieth Christ Jesus. So is Cyril, Maximus, and others, who by the death of the high Priest in this place, do gather deliverance by the death of Christ. S. Jerome is plain in that whole case touching sins of ignorance, and that he which is fled to the City of refuge, must tarry until the high Priests death, that is, until he be redeemed by the precious blood of our Lord and Savior. Theodoret is more plain then all these; for he asketh this question, Why until the death of the high Priest doth he prescribe return unto him, which hath slain a man unwillingly? and he answereth, Because the death of the high Priest which is after the order of Melchizedek, was the loosing of the sin of man: whereby he declareth two things; both the mystery of the high Priests death, signifying the death of our Lord and Savior Jesus Christ, whose blood cleanseth the shedding of blood, and washeth away the guilt of all sin, voluntary or involuntary, and withal he showeth that such unwilling man-slaughter is a sin. Yea, this is so clear a point, that Cardinal Allen forgetting the doctrine of his fellows; and the foundation whereupon they build, in his book of popish pardons, chapt. 5, telleth us out of the Council of Ancyre, holden well near 1300. years since, in the purest time of Christian religion, when our adversaries dare not say that the faith was corrupted, that the Apostles and Bishops have ever beside the preaching of the Gospel, exercised the power of the keys committed to the Church, and inflicted due punishment for every deadly sin, justly respecting the grievousness thereof: and among the rest he noteth, that for murderers if it were not voluntary, were appointed seven years penance; but if it were willful, till the ende of their life. Now would this Council so ancient and so pure, as the Jesuit pretendeth, have enjoined so long penance and punishment for innocent persons, and such as had committed no sin at all? So then to ende this matter, albeit the Lord acquit the party after a sort that hath slain a man unwittingly, so that there shall no judgment of death pass upon him, yet he was constrained to forsake his own house and inheritance, and to dwell in a strange place, and to suffer many inconveniences, to his decay and impoverishing, and peradventure his utter undoing, his wives and children. Wherefore God would have the party that offendeth unwittingly, nevertheless to abide some punishment, to the intent he may humble himself. And I suppose there is no good man, if such a thing should befall him, but would be humbled and grieved for it all the days of his life, and crave of God forgiveness of what is past, albeit there were no evil meant on his part; and likewise pray unto him earnestly for the time to come, that he would rule his hands and his feet better, & so order all his steppes that he never swerve frō his holy commandments.
Now to come to the ground of the Doctrine, three sorts are here directed touching blood; the people, the avenger, and the Judge. The people is restrained, the avenger is permitted, the Judge warranted and allowed. The people is restrained, not permitted: the avenger is permitted, not restrained: the Judge is permitted and allowed, nay commanded to draw the sword. The people sin if they shed blood; the Judge if he do not.
This teacheth, that it is a sin for men to do that which GOD hath appointed to be done, when they have no particular calling or commandment for them to do it. This is manifested unto us in the fact of Zipporah, the wife of Moses, taking a knife, and circumcising her son. Circumcision was one of the sacraments that God had ordained, that every male of eight days should be circumcised, and have the foreskin of his flesh cut off, Exo. 4, 25. howbeit she sinned grievously, because she would do it without a calling, which was for man, not for the woman to do: and therefore it appeareth she had no moe children, as we observed elsewhere, chap. 12, and beside she wanted the presence and company of her husband a long time after, and when she returned unto him, she was vexed and afflicte • by the emulation of Miriam a •• Aaron. So Saul sinned in offering up sacrifice, who ought to have stayed for the coming of Samuel: sacrifices were commanded of God, but he did it without a calling, & therefore Samuel telleth him he had done foolishly, 1. Sam. 13, 14. The like we might say of Uzziah, 2 Chron. 26, 16, otherwise a good king; he went into the Temple of the Lord, and presumed to offer incense, which was peculiar to the Priests: and therefore having no direction from God, though he did a good thing, yet he was presently smitten with leprosy, 2 Chr. 26, 14, 20. This we saw before in Korah and his company, chap. 16. Amnon abusing his sister Tamar by filthy incest, ought by the law of God to suffer death, Absalom killeth him with the sword, he did that which God commanded, Levite. 18, 9, 29, and David had to answer for it, because he put him not to death; nevertheless Absalom sinned grievously in the doing of it, because he was no Magistrate. So then the point is plain, that a man may sin, and that grievously, in doing the things that God commandeth, when he hath no warrant to do them.
The grounds are these. First, he doth it [Reason 1] without any commandment from GOD. Whensoever a commandment is limited to persons and places, to them it is a commandment, and to no others. The commandments and orders that are directed to such as are free of a city, or of a company, or incorporation, are no commandments to those thar are foreigners: so in this case, a commandment to some maketh it a sin to them, if they leave it undone: whereas on the other side, the not commanding maketh it a sin to others that do it, because it is the commandment that maketh things either lawful or unlawful. Where there is no sight, there can be no blindness, but it is blindness when it is found in y e subject where sight ought to be. We cannot say there is blindness in a stone, because it is not capable of sight. Therefore we say, that in indifferent things there can be no sin, either to do, or not to do, & the ground is, because there is no commandment. Secondly, it is a rule, that all good being out of his proper subject is evil. Consider this in the natural body. Is it not evil in nature, for the eye to be in place of the hand, y t should be in the head? Or for the finger to grow in the fore-head, that should be in the hand? this maketh a monster in the body, when a member is out of his proper subject. So we may say for moral good, whē it is out of his proper place, it is no more good, but is turned into evil.
If any ask, what is y e proper subject of good? I answer, the proper subject of good is he to whom it is commanded; and the improper subject is, where there is no such commandment,
[Use 1] By this a man may look into himself, and see as it were in a glass the defects and deformities of his soul, and namely, that he doth many things good for the matter and substance, and good in those that have a calling and commandment for it; yet evil in him, because he wanteth a commandment, and consequently hath no warrant for the doing thereof. All such have cause to humble themselves for the evil which they have brought upon themselves, by doing good things without any good calling. To preach the word, to administer the Sacraments, to make public prayer, are necessary parts of the holy worship of God that must be performed, they are the only instruments to save the precious souls of men; and yet these, even these are grievous sins to men to meddle with them that have no power or precept given unto them to perform them. There is nothing so much commanded of GOD as to do these things, yet nothing more sinful then these, when they are done without a commandment and a commission. If a man of a private trade and occupation shall presume to preach the word of God, having no calling thereunto, it is most ungodly, let his gifts be what they may be, let him be able to speak with the tongue of men and Angels, and let him divide the word of truth rightly, and interpret the same soundly, yet it is Anabaptistical, and a great sin and impiety. So likewise we may say for private Baptism to be performed by a woman under a pretence of necessity; as if there were any necessity in sinning, or to make the people of God go out of their calling: and yet so wretched and wicked is our age, that this sin is not only committed, but also defended.
One well observeth that it cannot be lawful for women to baptize, and he confirmeth it by this, because it was not given to the mother of Christ that she (who was blessed above all other women) should do it. If then it were lawful for any, then certainly much more for her to touch these holy things: what wicked women then, what bloody Zipporahs are those of our time that dare undertake this holy thing without any calling? It is evil in those midwives that usurp this office, but worse in those that commend and defend this sin.
Let all therefore both men and women examine themselves in those things; if they have broken the banks that God hath set them, & have yet carried it away, and no plague from God hath overtaken them that have undertaken such works impertinent unto them, then let them know that they are to acknowledge the great mercy of GOD toward them, that he did not strike thē dead in the very act, as he did Uzzah that touched the Ark, (otherwise a good man) because he did a good act without any calling thereunto. Neither let any dream that God doth approve of them, because he doth not presently punish them, Eccles. 8: but consider they have to do with a God of patience; and albeit they go away, & prosper for a time, yet in the end he will find them out and punish them. Likewise in this kind they offend, who take upon them to reprove, whom, and where, and when they please, without due observation of fit circumstances. It is indeed a duty commanded that some should reprove, and some be reproved for sin, Levite. 19, 14. Prov. 9, 8: yet every man is not to reprove all, at all times and in all places, only it lieth upon them that have a calling to reprove, and therefore it is a sin in others. So when private men take upon them to reform public abuses, as to pull down images, and to abolish the monuments of Idolatry, they sin in this case against God and the Magistrate: against the Magistrate, in taking his calling out of his hand that belongeth to him: & against God, in that they do it without his direction. True it is, the word teacheth that their altars should be destroyed, their images must be broken down, their idols burned; but it is a word to the Magistrate: he sinneth if he do it not, because he performeth not God's commandment: y e private person sinneth if he do it, because he doth it without any commandment, nay against the commandment. The brazen serpent must be stamped in pieces, if once the people offer incense unto it, and commit idolatry with it, howbeit it must be done by Hezekiah; 2 Kings 18, 4. If a private man buy an house, & find therein sundry images & many monuments of idolatry, he may abolish thē; & if any of his family have gotten such, he may take them away and deface them, as Jacob did cleanse his house, Gen. 35, 2: because he is a Master & Magistrate in his own family: but to do it in public, where he is no Magistrate, he may not without sin, as the Magistrate himself may not omit it without sin.
Secondly, everyone ought to labor to [Use 2] know his own calling, and to be assured how far it stretcheth, and will bear him out. This should persuade everyone of us, that in every good thing which we do, we should be sure that sin cleave not unto us, and that we attempt nothing, before we have our commission sealed and sent unto us. When we go about anything, it is not enough to weigh how good it is, but to look what warrant we have to do it. It is not the goodness of the thing that will free us from sin, but the warrant that we have to do it. We must have a general warrant that the work is good, and a particular also, that it is good for us, and in us.
But some will say, how shall a man know, [Object.] that he hath a commandment in particular to do this or that? [Answer.] I answer, if any man be such a one as he to whom the commandment is given: or if the commandment be given to him in general, then he may gather that the commandment doth belong unto him in particular, so that in doing the same, he shall not only do a good work, but the work shall be good in him. So then, every man must reason thus with himself, God hath commanded me to do it, and therefore out of conscience to his commandment I will do it, forasmuch as to obey is better then sacrifice, and to hearken then the fat of rams, 1 Sam. 15, 22. And if Saul himself had obeyed, it had been better for him then to have offered up his sacrifice, though it had been of the chiefest of y e things, which should have been destroyed. It is a policy of Satan, and it were good that none were ignorant of it, and that all would take notice of it, that if he cannot make men abide and abound in evil, but that they will needs be doing of good, then he will labor to make them do good unlawfully and unseasonably, by bringing them to do some good, whereunto they have no calling. Thus he maketh again to himself, even by the works themselves of godliness: and therefore it should be the care and wisdom of every man to look to God's word, and to his own warrant in doing of anything, and not suffer our selves to be deluded by him. If the disciples of Christ had duly observed this, they would never have desired to bring fire from heaven & consume the Samaritans that would not receive him, as Elias had done to destroy the captains that scoffed at him, 2 Kings 1, 10. Luke 9, 54, but they would have considered, that they were not endued with the same spirit, neither fitted with that calling, nor armed with that power. Peter would not have drawn the sword to strike the the high Priests servant, if he had called to mind that the sword was not put into his hands, Math. 26, 51. Let every man labor to see what God hath called him unto, and look to the things commanded unto him: private men may not take upon them to reform everything that is amiss, having no authority thereunto: and if they should come to suffer for such things, they shall find but little comfort in their sufferings, because this is to suffer as evil doers, albeit not for doing of evil.
[Use 3] Lastly, if it be unlawful to do good sometimes, when it is done unlawfully, then how much more is it unlawful to do that which in it self and in it own nature is unlawful? And if God reject the actions of men when they are done in an evil manner, how much more doth he abhor the works of carnal men when they are wicked & ungodly in the very substance? And if he accept not those actions w c might be don well, if they were done by another, how much less those y t can be well done by none? Of which we may say with Solomon, Behold the righteous shall be recompensed in the earth, how much more the wicked and the sinner? Prov. 11, 31. If the faithful offend in doing lawful things, much more do the ungodly, that never regard to do any good. And if they sin against God that hear his word amiss, how much more sinful are they that will not hear it at all? And if they provoke the wrath of God that do good in an evil manner, much more do they that sin in an evil matter, and most of all when the heart is evil also, as Prov. 21, 27, The sacrifice of the wicked is abomination, how much more when he bringeth it with a wicked mind? The faithful have many times a good intent, when they think to do God good service, and yet are not accepted, because they fail in the manner: woe then to those whose very hearts are set upon evil, and have no delight in that which is good at any time.
30
Whoso killeth any person,
the murderer shall be put to death, by the mouth of witnesses: but one witness shall not testify against any person, to cause him to die.
31
Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death, but he shall be surely put to death.
33
And ye shall take no satisfaction for him that is fled to the city of his refuge, that he should come again to dwell in the land, until the death of the Priest,
33
So ye shall not pollute the land wherein ye are: for blood, it defileth the land, and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.
34
Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the Lord dwell among the children of Israel.
The third and last part remaineth, laying forth the office of the Judges touching slaughter: wherein observe two things; first, the Law of putting the murderer to death, which must pass by the verdict of two or three witnesses, verse 30. Secondly, the Judges are forbidden to take any satisfaction for the life of a murderer, because innocent blood shed defileth the Land, yea in such an horrible manner and measure, that all the water in the sea cannot wash it away, for the Land cannot be cleansed of the blood that is shed, but by the blood of him that shed it. And no marvel, seeing they might take no satisfaction for him y t bad killed a man at unawares, to deliver him from the city of his refuge before the death of the high Priest. From these words we learn, how heinous a sin murder is. Again, that willful murderers are not to be spared, the eye of the Magistrate must not pity thē, if they be desirous to revenge the dishonor done unto God, or to cleanse their own Land, or to save their own lives. But mark farther how GOD will have such proceeded against; they shall not die by the mouth of one witness: he requireth in judicial courts, that every matter should be tried by two or three witnesses, that the guilty should not be aquitted, and that the innocent might not be condemned. So then the point from hence is this, that God will have no innocent person put to death, but that everyone should receive according to his own works. Deut. 13, 14, and 17, 4, Thou shalt inquire, and make search, and ask diligently, whether it be a truth, and the thing certain: he will have no man condemned upon accusations, suspicions, and presumptions, Isaiah 5, 13, Psal. 37, 6, Pro. 24, 23. This was the sin of Saul, who commanded to kill the Priests of the Lord, 1, Sam. 22, 16, as if they had conspired against him, Job 29, 16.
[Reason 1] The grounds are these; first from the nature of God, he is a just and righteous God, the Judge of all the earth, and he respecteth no man's person; therefore they that sit in his place and execute his judgment, and have his Name communicated unto them, ought to deal uprightly, Deuter. 1, 16, 17. Secondly, wrong judgment is abominable in the sight of God, Pro. 17, 15, whether it be to justify the wicked, or to condemn the innocent. Thirdly, it kindleth the Lord's wrath against the land, when innocent blood is shed, Ier. 26, 14, 15, As for me, behold I am in your hand, do with me as seemeth good and meet unto you; but know ye for certain, that if ye put me to death, ye shall surely bring innocent blood upon yourselves, and upon this city, and upon the inhabitants thereof, as 1 Kings 21, 19.
[Use 1] The uses follow. First, this serveth for instruction to all that are in authority, to take heed to themselves, that they walk with a right foot, and turn neither to the right hand nor to the left, according as God requireth Levite. 19, 15, Thou shalt do no unrighteousness in judgment; thou shalt not respect the person of the poor, nor honor the person of the mighty, but in righteousness shalt thou judge thy neighbor. Against this they offend many ways: when they give false judgment, and cause the same to be executed: when they defer judgment, & put it off, as Felix did from day today, Acts 24, 25: for while judgment hangeth thus in suspense, the just is often taken for the unjust, and contrariwise the unjust fought the just: lastly, when the sentence rightly pronounced is delayed, and sometimes not at all executed. The Scripture expresseth the fault and the punishment by one and the same word, to teach that they should be joined together, and not severed, and that he should be holden for innocent and unblameable that hath no punishment inflicted, Exod. 20, 7: and therefore the error of the Romanists is blasphemous, who lay this injustice upon God, that he forgiveth the faithful their offenses, but retayneth the punishment. All men do very willingly confess, that it is a very heinous crime to condemn the just man; but they do not in like manner, and with like zeal abhor from justifying the ungodly: but the Spirit of God testifieth, that they are both abhominable in his sight, he abhorreth the one no less then the other: and so it ought to be with those that sit in place of judgment, otherwise they transgress the Law of God, which commandeth, that his blood should be upon his own head. Again, such persons are for the most part made worse and worse, and are never brought to repentance, as experience commonly teacheth. Besides, by this sparing and winking at evil, the godly are often grieved, and sometimes are emboldened to evil. Lastly, other wicked men by their example are encouraged, and their hearts are hardened. Hence it is that Solomon saith, Prov. 24, 24, He that saith unto the wicked, Thou art righteous, him shall the people curse, nations shall abhor him. This equity doth Moses also propound in the Law, If there be a controversy between men, and they come unto judgment that the Judges may judge them, then they shall justify the righteous, and condemn the wicked, Deut. 25, 2.
But it will be said, [Object.] that the Scripture teacheth, that God justifieth the ungodly, Rom. 4, 5: and therefore he that executeth judgment may do the like also. I answer; first, [Answ.] that is lawful for God to do, which is not lawful for man.
Again, God in justifying the ungodly, of unrighteous maketh him righteous, and by paying a dear price for him, cleanseth and washeth away his impiety, and giveth unto him another mind then he had before, which no mortal man is able to do; and therefore it is unreasonable to pretend the example of God, or to allege it to justify themselves when they justify the ungodly. This corruption must needs be evil, because it proceedeth from evil fountains; for judgment is stayed, or perverted, either through fear, or covetousness, or hope, or hatred, or favor, or malice, or letters, or such like affections which blind the eyes, and stop the ears, and pervert the wise, 2 Chron. 19, 6, 7. But in the mean season they displease the Lord, and by winking at the wicked they make thenselves abominable to the chief Judge of heaven and earth, before whom they must come to be judged: and in sparing of grievous transgressors (which ought to be punished) they make themselves accessories to their transgressions, & many times like Saul & Ahab, & Pilate, they bear a part of the punishment.
Secondly, this admonisheth all Iurers, that [Use 2] they take great heed whom they acquit, and whom they condemn. If they condemn the innocent, their blood will be required at their hands. And if they justify any that are guilty of blood (which is a crying sin) or other heinous enormities, & labor the rest of their fellows & companions to join with them, they are brethren in evil, and stain the judgment seat with unrighteous proceeding, which is worse then if they should cast dust and dung in the Judges face. These do often forget that they are sworn men, and give their verdict upon their oth: for if they did, they would not so lightly set their souls to sale. These for the most part think themselves excused by the Judge, and hang more upon his mouth, then hold themselves to the matter. Such persons ought not to be simple men, but such as should be able to judge, and to discern between right and wrong.
[Use 3] Lastly, let us come to witnesses, which are other parties in the matter of judgment, and are especially aimed at in this place; it directeth and informeth them to know what they do, and where they stand. Let them take heed what they depose, lest by forswearing themselves, they renounce the living God, and bring damnation upon their souls. A man would think that an oth were such a weight and burden upon the conscience, that no man would dare to step forth, and lay his hand upon the book, and afterward sell himself to the devil. There is nothing so vile & wretched, but some will be found as vile to set it on foot. If Ahab be sick for Naboth's vineyard, Jezebel can quickly by her letters procure two false varlets and vnthrifts in Samaria to bear false witness against him, 1 Kings 21, 10. So when the malice and envy of the Pharisees grew to be extreme against Christ, and that they feared the fall of their kingdom, though he were innocence it self, yet there were found false witnesses to condemn the innocent, Math. 26, 60, 61. Hence it is, that the Ecclesiastical Laws have not hand over head admitted all without difference and discretion to be brought and allowed as witnesses, but have set down seven just considerations of exceptions against witnesses, in this manner,
The first point to be respected in witnesses is, that they be of age: for such as are infants, children, or yonglings know not the depth of the cause, nor the validity of an oth, nor the distinction of matters whereupon they are to be produced, and therefore they may stand by while the jury is impanelled. And to these we may join the old doting age which decayeth in understanding, no less then it doth in strength of body. Secondly, the condition of the persons, whether they be bond or free. The tenant for his land-lord, the servant for his Master, the father and son one for another are worthily esteemed to be partial witnesses. Thirdly, the sex whether it be man or woman: for a woman's testimony wanteth much of the weight of the other, because many of them are partial and passionate, & light creatures, if it be opposed against the testimony of a wise and considerate man. They are soon led aside by affection, by pity or favor, and therefore never any of them were admitted to sit in place of judgment, where the Judge should know neither father nor mother. Fourthly, discretion; for idiots and lunatike persons, or mad men, would prove but mad witnesses to be admitted in trials of truth, who cannot discern aright of themselves and of their own estate. For how should they be able to dive into the causes of other men, that have not the use of reason or understanding? Fifthly, fame is not to be contemned in this case: for they should be men of good report and credit in the places of their abode: not common swearers, not liars, not drunkards, and ruffians: for such as swear commonly, make no more conscience of an oth taken before a Judge, then of an oth sitting upon their ale-bench: and such as are tainted and stained with the reproach of many evils, will easily be drawn to add one sin of perjury more to the heaps of their other wickedness. Sixthly their estate or ability, what their lands or livings be, what goods and substance they have, where their dwelling and abode is, whether they have anything to lose; and be able to make satisfaction, if happily they be found tainted. For beggars and bankrout, strangers and stragglers, unknown and untried, may soon be brought to lift at an oth for a little money and for hope of gain: and the party grieved and abused by their falsehood and forgery, shall purchase their ears (when they are in the pillery) at a dear rate if he list to sue at the Law for them. Lastly, their faith or religion is of special consideration, because that is the bond of all good order. If they fear God and regard their conscience, there is no fear of them, we need make no scruple of conscience to allow of them. For infidels, Turks, heretics, or unbelievers make little account to renounce & sell Christ and the Christian faith (which they do not believe) fought a small gain and advantage. Nevertheless, the Gentiles themselves did put such religion in oaths, if they had sworn solemnly by their false gods, that they feared vengeance to fall upon them, if they did break them. Thus we have seen what witnesses ought to be: now let us see how they offend when they are such as they ought not to be. For no man must think it a small offense to wrest judgment, and to be a false witness: inasmuch as they offend against God, against the truth, against the Judge, against the person accused, against the commonwealth, and against themselves.
First of all, they sin against GOD himself, who is the Author of truth and the President of judgment seats; for they fear not to lie shamelessly to his face, and to pollute and defile his Tribunal, they despise and contemn his Law, and call upon him to be a witness of falsehood. Secondly, they do offend against the truth, which is that only light wherein the knowledge of things consisteth: this they go about to darken with their lies, and to hide it from the sight of men, as they that cover a candle under a bushel, or like to thieves that cannot abide the light, but put it out, that neither they nor their doings may be espied. Thirdly, they transgress against the Judge, who pronounceth sentence according to the words of the witnesses, and maketh their depositions as a rule to guide and direct him. It is a common thing for the Judge to err and to go astray, being seduced and deceived by their falsehood, pronouncing with his mouth, sealing with his hand, and striking with his sword, otherwise then it ought to be: who ought to be the instrument, the oracle, and the interpreter of God. Fourthly, against such as are accused and brought to judgment whether they be guilty, or not guilty. If they be guilty, and be acquitted and discharged by them, they free them from punishment, which might be a good means to do them good, when they should receive according to their deserts: and besides, they encourage them in evil, because to escape without punishment, inflameth them with a desire to continue in evil. If they be not guilty, they are wronged and oppressed by their false testimony, either in their life, or in their goods, or in their name, or in such like earthly blessings. For whatsoever is taken from the condemned person by sentence of the Judge, is all done by the fault of the false witness. If life be taken from him, he is the murderer: if he lose any of his goods, he is the thief: if his good name be impaired, he is the slanderer. Fifthly, against the commonwealth, because the end of judgments and of the courts of justice is not attained, to wit, the peace and tranquility of the people. For wherefore serve so many places and seats of judgment, but that we should lead a peaceable and a quiet life? The end of war is said to be peace, so the end of suites is, that we should not sue. Now this great and precious jewel of peace is wronged and wrested, when the Judge, following the rule of the witnesses, and judging according to things alleged and proved, doth condemn the innocent, and absolve the guilty person. For as he is injurious against my body y t cutteth off a sound arm or leg; so is he against y e city, which casteth way a good and profitable citizen. Again, as he is hurtful to my body, that doth not cut off a rotten member, or persuade the Surgeon to cut it or to burn it, when need requireth, because the sound members that remain are endangered thereby: so likewise he that moveth or persuadeth the Judge to acquit a guilty person, who is no better to the common-wealth, then a rotten member is to the body, is an enemy to the state, and injurious to the body political. Lastly, against himself, because he depriveth himself of all blessings belonging to soul and body. The Lord professeth himself to be a sharp and speedy Judge against those that swear falsely, Zach. 5, 4. Mal. 3.5. Hence it is, that Solomon saith, A false witness shall not be unpunished, and he that speaketh lies shall not escape, Prov. 19, 5.9, and chapt. 25, 18, A man that beareth false witness against his neighbor is a maule, and a sword, and a sharp arrow, to wit, not only toward his brother, but striking, piercing, wounding, and hurting himself. It is the part of an envious person to pull out both his own eyes to put out one of his neighbors: but such are all false witnesses, they annoy themselves in soul and body, that they may hurt the body only of their brother.
So then, a false witness doth hurt himself more then he doth another, or can do. He may by his false testimony take away his goods or his life, or his name, and this is all: when in the mean season he destroyeth and damneth his own soul, and casteth it into hell fire, there to be tormented with the devil and his angels.
CHAP. XXXVI.
1
ANd the chief fathers of the families of the children of Gilead, the son of Machir, the son of Manasseh, of the families of the sons of Joseph, came near and spake before Moses, and before the Princes the chief fathers of the children of Israel.
2
And they said, The Lord commanded my Lord to give the land for an inheritance by lot to the children of Israel: and my Lord was commanded by the Lord, to give the inheritance of Zelophehad our brother, unto his daughters.
3
And if they be married to any of the sons of the other tribes of the children of Israel, then shall their inheritance be taken from the inheritance of our fathers, and shall be put to the inheritance of the tribe, whereunto they are received: so shall it be taken from the lot of our inheritance.
4
And when the Jubilee of the children of Israel shall be, then shall their inheritance be put unto the inheritance of the Tribe, whereunto they are received: so shall their inheritance be taken away from the inheritance of the tribes of our fathers.
WHereas Moses had spoken before of the dividing of the inheritance in general among the tribes: in this place a certain special case is propounded by the Manassites touching the right of inheritance before assigned to the daughters of Zelophehad, to wit, how provision might be made y t the same portion might remain in that tribe, and not be conveyed or translated to some of the other tribes. For they propound these 2 as repugnant one to y e other, the right of succession which these women had obtained, and the privilege of the year of Jubilee, which they thought was weakened by this means, if happily these maids should marry to any other husbands then men of their own tribe; neither did they know how to clear this doubt. But Moses, instructed of God, setteth down a Law, that inheritance should not pass from tribe to tribe, and that such as were inheritrixes might not marry any of other tribes, but among their own only, which was carefully observed by these women. This is the sum of this chapter, wherewith the whole book is concluded. In this observe three points; first, the question of the Manassites; secondly, the resolution of Moses; thirdly, the marriage of the daughters of Zelophehad. Touching the first, it is handled in these four verses. The question was moved by the chief heads of the tribe of Manasseh, how the inheritance might rest: without a manifest detriment to their tribe? For if they should marry in another tribe, it was as much as to cut off an arm from the body. And by this means it might come to pass in process of time, that the chief portion assigned to one tribe might be possessed by men of other tribes, which would breed great confusion and disorder. This practice and proceeding of theirs teacheth, first, that the Magistrate is and ought to be the supreme Judge in causes of inheritance. Secondly, no man ought to be Judge in his own cause. Thirdly, we see how they come to Moses, not in contempt or with a commotion, as if they meant to gain that by force which they could not obtain by favor, but they bear themselves lowly and dutifully as became them to the Magistrate, when they say, The Lord commanded my Lord: and again, My Lord was commanded, &c. From hence we learn, that it is the duty of all inferiors to reverence the superiors in gesture, in word, & in deed. We might also show that Magistrates must acknowledge themselves to rule under God, and to be Lord's under that highest Lord. But we will only handle this point, that inferiors must use speeches of reverence, such as betoken subjection; this we saw before, chapt. 11, 28, and 32, 5, 25, 31. 2 Kings 5 13, 1 Peter 3, 6. Nehem. 2, 5. Esther 7, 3. 2 Sam. 24, 3. 1 Kings 1, 23, 24, 31. 2 Kings 2, 12, and 13, 14. Mal. 1, 6. 1 Sam. 25, 24, 25, 26 27, 28. Gen, 16, 9.
The grounds first, because superiors bear [Reason 1] the image of God, and are to their inferiors in God's place, as Moses was to Aaron, when the Lord saith, Exod. 4, 16. Thou shalt be unto him instead of God.
Secondly, it is the express law of God, To honor father and mother, that is, all superiors, Exod. 20, 12. Psal. 82, 6. 1 Tim. 5, 3. They are set over inferiors for their good, not for their own, 1 Tim. 2, • . where the Apostle teacheth, that Princes are appointed unto eminent place, not to lift up their hearts against their brethren, and to maintain themselves in all riot and excess, but that the people may lead a quiet & peaceable life under them. Fourthly such do adorn the Gospel.
This serveth to reprove such as are so far [Use 1] from giving of good words, and using soft & gentle speech savoring of Christian modesty and subjection, that they revile them, rail at them, and speak all manner of evil against them; which they ought not to do unto any, much less to their fathers, or masters, or Magistrates, to whom they are bound in a nearer band, and tied to a farther duty. Hence it is, that Moses saith, Exod. 22, 28. Thou shalt not revile the gods, nor curse the ruler of thy people. It is delivered as a general precept, binding all that will be the children of God, Bless them that persecute you; bless I say, & curse not, Rom. 12, 14. I am. 3, 9, 10. It is a thing acceptable to God, to speak evil of no man, Titus 3, 2. It is therefore a thing detestable, to speak evil of our superiors, unto whom all dutiful language is due that savoreth of peace and love, nay of submission and subjection. The Apostle exhorteth servants to be obedient unto their own masters, and to please them in all things, not answering again with stout and unseemly words. Such then must learn by the fear of God to bridle their tongues, that they offend not that way, I am. 3, 4.
Many there are, who in their service are reasonable, but they have no rule over their tongue: they will not only mutter and murmur, but give cursed and cutted answers. It is the fruit of an evil servant to be evil tongued, and to take liberty to taunt in unseemly manner against those that are set over them. This was the sin of Agar, that despised her mistress, not only in her heart, but likewise in speech, Ge. 16, 4. Let such consider y e words of Solomon, Prov. 15, 1. A soft answer turneth away wrath, but grievous words stir up anger, James chap. 1.20. Judge. 8. verses 1, 2, 3. 1 Sam. 25, 32.
Secondly, we see the place of subjection is [Use 2] not an unlawful calling • , neither must we think that Christianity hath abolished Magistracy and civil authority, but rather ratifyeth and establisheth it, Titus 3, 1. 1 Tim, 6, 1. And it is lawful for good men, and especially for Magistrates & Ministers to have servants, as Abraham had many, Elijah one & likewise Elisha. Joseph had a Steward of his house, Jacob had men-servants and maid-servants, Gen. 14, 14, and 15, 2, and 44, 1, and 32, 16. Mephibosheth had a servant, and that servant had twenty servants, 2 Sam. 9, 10. This overthroweth the damnable sect of the Anabaptists and Libertines, who teach that Christians may not be subject unto any. [Objection.] They object, that they are the Lord's free-men. I answer, [Answer.] it is true, but this freedom is inward and spiritual, from sin and Satan, and condemnation.
[Object.] Again, they allege, that we are forbidden to be the servants of men, [Answ.] 1 Cor. 7. I answer, the meaning is, we are not to be addicted unto them servilely, in things unlawful and dishonest, or in obeying their traditions as God's Commandments. [Objection.] But Christ saith, Call no man master upon earth, Math. 23, 10, because one is our Master, [Answ.] even Christ. I answer, this must be understood as the former, when Christ forbiddeth to call any father, to wit, to hold him in chief, and not subordinate to Christ and for Christ.
[Objection.] Again, it is objected that sin brought in servitude and slavish subjection of man to man. For albeit in the innocent estate, there should have been teacher and scholar (though not by office and calling, to preach the word, or to teach schools) and governors, and the governed, [Answer.] yet not master and servant. I answer, sin was the occasion of sundry things in their nature good, or at least through God's mercy and blessing bringing good out of evil. For it brought into the world upon man a necessity to marry, for the avoiding of fornication: yea sin may be said to have caused a necessity of Christ's coming, as also to cause a necessity of preaching, and of laboring in the sweat of our brows, and a necessity likewise in relieving the poor. Besides, every kind of subjection is not against the law of pure Nature, as might be shown by the subjection of the wife to the husband, and of the children to their parents. So then, servitude is no new invention of cruel men in these latter days, neither is a faithful servant to be accounted a perpetual asse, crouching under his burden. No man must be ashamed of that calling, neither reprove it as evil and unlawful, but rather labor to adorn the Gospel in it, by serving, not with eye-service, but dealing faithfully as the servants of Christ.
[Use 3] Lastly, all superiors must so carry themselves, as that they may deserve reverence, and draw not contempt upon themselves, 1 Tim. 4, 12, Prov. 16, 31, and 21, 30. Leuitic. 19, 32. 1 Tim. 5, 1, 2. And those duties are of diverse sorts which are to be performed by them, whereof they are put in mind by the names whereby they are called.
The first degree of this superiority concerneth parents, to whom it belongeth to teach, to correct, to defend, and to provide for their children, as we have shown already, chap. 30. This reproveth such as are careless what become of them, such as pamper them to much, and suffer them to do what they list, till they shame their fathers & mothers, their friends, and the Church of God, and grow obstinate and incorrigible. Touching masters, it lieth upon them to order their servants and families aright, they must require of their servants no more then is just and equal, Col. 4, 1, remembering that they have a Master in Heaven, who requireth only things just and equal at their hands: they are to provide for them food and raiment, and such like necessaries, or else they are worse then infidels, and have denied the faith, Prov. 31, 21. 1 Tim. 5, 8. Likewise it behooveth them to teach and instruct them, as faithful and believing Masters have done, and found a great blessing upon their labors, Acts 10, 7. Gen. 24, 12.
And if Masters desire to have their houses dutiful & subject unto them, they must choose such as are religious, or be careful to make them religious, that so they may obey for conscience sake. If at any time they shall make conscience to serve the Lord, they will not be slothful to serve their Masters. But there are many Masters, that are always threatening their servants, Ephes. 6, 9, and never speak kindly unto them, to encourage them in well-doing; there proceedeth nothing but fire out of their mouth, and smoke goeth out of their nostrils. And not so only, but they command hard and cruel service at their hands, and after a sort suck out their heart blood, by over-burdening and over-bearing them beyond their strength, like the cruel task-masters of the Egyptians, who gave the Israelites no straw to make them up the tale of their bricks, but made them gather it themselves, and yet would diminish nothing of the work, Exodus 5, 7, 8.
Thus were the people scattered abroad throughout all the land of Egypt, to gather stubble instead of straw. And Sampson being a servant, or rather slave to the Philistines, was not only made a laughing-stock, but compelled to grind in the prison-house, Judge. 16, 21. Such masters are they also that are immoderate and excessive in correction, & know no measure, as if their servants were beasts, and not their brethren. Nay Balaam the false prophet is reproved of the Angel for his cruelty toward his asse, but these respect men no better then if they were asses or horses; for the whip is never from their backs, or the bridle from their mouths, or the fist from their ears, or the staff from their sides. Thus also did the task-masters beat the officers of the children of Israel without any cause or desert. Now touching Magistrates, they are the fathers of the country and common-wealth, they must be careful to plant sound religion among the people, and be careful that God be served in the first place, because they must rule for GOD and not for themselves. And thus did the godly Kings of Judah. They must establish peace and tranquility, that men may sit under their vines and fig trees, that there be no invasion nor going out, nor crying and complaing in the streets. And they must publish and prescribe such wholesome Laws, as may serve to keep men in obedience; and when they are once enacted and established, they must not suffer them to rust for want of execution, but remember they are the Ministers of God to take vengeance on him that doth evil, Rom. 13, 4. If then they suffer men to do what they list, as if there were no king in Israel, if they be careless of God's service, if they do not defend the innocent like Ahab; nor punish the transgressors, or command unjust and unlawful things, or spare offenders that ought to dy, like Saul; they provoke the wrath of God against themselves, as we have shown already in the former chapter.
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And Moses commanded the children of Israel, according to the word of the Lord, saying, The tribe of the sons of Joseph hath said well.
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This is the thing which the Lord doth command concerning the daughters of Zelophehad, saying, Let them marry to whom they think best, only to the family of the tribes of their father shall they marry.
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So shall not the inheritance of the children of Israel remove from tribe to tribe, for everyone of the children of Israel shall keep himself to the inheritance of the tribe of his fathers.
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And every daughter that possesseth an inheritance in any tribe of the children of Israel, shall be wife unto one of the family of the tribe of her father, that the children of Israel may enjoy every man the inheritance of his fathers.
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Neither shall the inheritance remove from one tribe to another tribe, but everyone of the children of Israel shall enjoy every man the inheritance of his fathers.
The second part of the Chapter followeth, which is the answer of Moses to the former question, where he commendeth those that made this demand, and then he setteth down first a particular Law touching the daughters of Zelophehad, that they should marry to whom they thought best, howbeit within their own tribe; and secondly a general Law binding perpetually all daughters among them that possessed any inheritance in any tribe of the children of Israel, that they shall be wives to one of the same tribe; thus everyone should quietly enjoy his own, and the inheritance should not remove from one tribe to another. Out of this division we might observe sundry instructions. First Moses commendeth that which these chief fathers had well spoken and well done, teaching that we ought not only not to dispraise that in which others have well deserved, but we should praise and commend it.
Thus he did to these daughters before, Chapter 27, 7, when they sued for an inheritance. Secondly, in that they are directed to marry to whom they think best, we see that none are to be denied marriage which is the ordinance of God. It entered into none of their hearts, to remedy the alienation of inheritance by restraining any from marriage when daughters fell to be inheritrixes, but it was left free to them, according to the precept of the Apostle, 1 Cor. 7, 2. Again, it teacheth that marriage is not to be enforced upon any, either by the Magistrate, or by the parents, or by any governors, Gen. 24, 57. 1 Corinth. 7, 39. For this were to exercise tyranny over our children.
For as children ought to have the consent of their careful parents, and not to dare to bestow themselves without their advice, which practice we see in the very Gentiles, as appeareth in Euripides, where Hermione answereth Orestes, desiring of her a promise of marriage,
That is,
So likewise parents ought to have the consent of their children, & not bestow them upon others against their wills; for that were to lay an evil foundation, and to fill the house with jars and dissensions. Thirdly, observe that Moses saith, Every daughter shall be a wife unto one of the family; teaching us, that howsoever the marrying of many wives was practiced among the Patriarchs and people of God, yet this is the Law of Nature, that one man should have one wife, & not wives, Gen. 2, 24. Mat. 19, 5. But to come to the main point, we learn that the inheritance of the children of Israel must remain and continue in one and the same tribe, and never pass from tribe to tribe.
The reasons of this Law given unto them are, that the Israelites might enjoy, every man the inheritance of his fathers, verse 8: and for this cause are the borders of every tribe so carefully assigned afterward.
Secondly, that it might certainly he known that the Messiah came of no other tribe then of the tribe of Judah, according to the promise and prophecy of Jacob, Genes. 49, 10. The tribe shall not depart from Judah, till Shiloh come. Thirdly, that peace might be preserved, and confusion avoided among them, whereas if the inheretrix had not been restrained by this Law, but left at liberty, the bounds of every tribe in process of time would have been abolished. These Laws did only bind the Jews touching inheritances, & not impose a necessity upon others, as we have shown before, chapt. 27: as likewise that the eldest must have his double portion, and that no man might lawfully sell the fee simple of his inheritance; which precepts, with sundry others, if they should be brought into all Christian commonwealthes, would turn upside down the very foundation of them, and alter all Laws and customs general and particular, and bring in an horrible confusion. For other nations do hold their lands by see simple, but God holdeth the Israelites as his farmers, Levite. 25, 23, The land shall not be sold forever, for the land is mine, for ye were strangers and soiourners with me: he would not have them as owners, neither to be as purchasers of that land. Now let us come to the uses.
[Use 1] First, it is the ordinance of God that every man keep his proper inheritance, to have and to hold the same as his own. Distinction of inheritance is agreeable to his word, whatsoever the mad spirits of the Anabaptists do teach. [Object.] It will be said, that this is a fruit of man's first sin and disobedience, and that if he had stood in his innocence, there should have been a community of all things. But man's transgression brought in this private possession. [Answ.] I answer, we will not reason what should have been, forasmuch as we see what man hath done, and how he is fallen. It is in vain for a man to think how rich he should have been, if his house had not been burned, when he seeth it is consumed stick and stake to the ground, and he become a poor beggar. So likewise, it is needless to debate and dispute what should have been if Adam had stood, seeing God made man good, but he sought out many inventions, Eccles. 7, 29. For inasmuch as man is wholly corrupted by sin, that communion (if any should be) cannot in this estate take place, but every man must know what is his own, and what is not his own.
[Use 2] Secondly, this should teach parents to provide for their daughters as well as for their sons, and not to leave them to the wide world, especially in these our days, wherein more enquiry is made what they have, then what they are: and what goods are without them, then good things are within them. But God showeth by this Law, that he hath no less care of them then of sons. Men are to consider that their daughters are their children, as well as their sons, and therefore even they must be provided for also. The Apostle teacheth, that parents should lay up for their children, 2 Cor. 12, 14, not for one child only, or for his sons only. Nature teacheth, that if any member be weak, it is chiefly to be strengthened. The woman is the weaker vessel, and needeth to be supported: and it encourageth them in obedience when they see themselves respected. And what a shame is it to parents to bring them into the world, and then to leave them as it were destitute to the wide world?
Thirdly, there are some that extend this [Use 3] Law to all the Jews in general, as if they were all forbidden to take a wife anywhere save in their own tribe. But if we mark the words of the Law, we shall find that they are not to be understood of men, but only of women; and not of all women neither, but of such as are heirs, and receive a possession for want of issue male. These might not marry out of their tribe; but others which had none inheritance, were left free to marry where they pleased, whether in their tribe or out of their tribe: because this is rendered as a reason of the Law, that the inheritance might not remove from one tribe to another, verse 9. It was lawful for them to take a wife of the nations round about them, that was not of the seed of Abraham, when there was no danger by a contrary religion, as appeareth by many examples, Matthew 1, 3, 5: so was it permitted to them to make choice of a wife out of another tribe, that was not to inherit her fathers possession.
And this was neither forbidden in the Law, nor yet observed by the Jews. The Law did not restrain their marriage, because it meddleth only with those that were heirs, and forbiddeth the possessions of the tribes to be confounded and mingled together. If then the Law did not abridge them, we may well suppose and presume that they did not observe it. For, not to speak of former examples, Moses married not a wife of his own tribe, neither of any tribe, but a Cushite, that is, one of the Midianites, which inhabited Arabia, of which see before, chapt. 12. Aaron also his brother married Elisabet; she was the daughter of Aminadab, and the sister of Naasson, which was of the tribe of Judah, Numb. 1, 7, and 7, 12- Ruth 4, 20.
So Iosabeah the daughter of the king Jehoram of the tribe of Judah was married to Jehoiada the high Priest, 2 Chron 22, 11. Elizabeth the wife of Zachariah the Priest, the father of John the Baptist, was of the daughters of Aaron, Luke 1.5, and was the cousin of Mary, Luke 1, 36: but it is certain and without all controversy, that Mary was of the tribe of Judah, Luke 5.
But it will be objected, [Objection.] that the Levites being dispersed among the other Tribes had a dispensation from the former Law, and therefore they might marry wives of diverse tribes from themselves, but it was otherwise with the rest.
[Answ.] I answer, first it is vain to distinguish against the Law, where the law doth not distinguish: if then they had any privilege, let them bring forth the charter, and show their evidence, or else we cannot believe them.
Again, albeit the Levites were scattered here and there, yet many of them dwelt together, and there were whole Cities in a manner of the Priests, 1 Sam. 22, 19. and therefore if they had pleased, or had thought themselves charged in this case, they might have had choice of wives of their own tribe. Lastly, this was no better observed by other Tribes, then by the Levites. For David of the tribe of Judah married Michal the daughter of Saul, who was of the tribe of Benjamin, 1 Sam. 18, 20, 27. & 9, 1. Likewise the eleven tribes having in a manner destroyed the Benjamites in a battle, profess among themselves that they might not give them of their daughters, because they had sworn, Cursed be he that giveth a wife to Benjamin, Judges 21, 18. declaring thereby, that they were not restrained by any law, but by their oath: and to what end did they make such an oath, if they had been before forbidden by the law of God without their oath? Many such like examples might be brought forth, to show that this Law did not simply restrain the marrying in other Tribes.
[Use 4] Fourthly, from hence we may conclude an argument against the vulgar edition of the Scripture, which in this place doth manifestly corrupt the text, and bringeth into manifest error; for it readeth the text thus, All men shall marry wives of their own tribe and kindred, & all women shall take them husbands of the same tribe: both the which being generally taken, may well be taken for untruths. Whereas the original never speaketh of men marrying out of their tribes, neither of all men generally, but of those only that are their fathers heirs. Bellarmine that must help at a dead lift, answereth, That these two are all one, and do not differ; which argueth an hard forehead rather then a sound answer: for he blusheth not to affirm anything when he is put to his shifts. We cannot therefore receive that interpretation for authentic and canonical, which is directly repugnant unto the doctrine of the Scripture, and the continual practice of the Jews. And as for those that would have the Hebrew text amended by the Latin translation, it is no better then to go about to be mad with reason. For where the truth is, there can be no error; and where no error is, what need any correction? To conclude this point, I will oppose the testimony and judgment of Paul de Sancta Maria, a great bishop and sometimes Chancellor unto the King of Castile, directly against Bellarmine, one Papist against another, whose words are these: In this precept our translation swerveth very much from the Hebrew verity, &c: and the reason of the Law beareth witness to the truth of the Hebrew, for this was the end thereof, that the division of inheritances that was to be made might remain perpetually amongst the Tribes, so that nothing of the land which fell to be in the lot of the Tribe of Judah, might return at any time to the lotte of Benjamin, and so of the rest. Therefore the Law was given of those only (which did succeed in their fathers inheritance) that the Tribes should not be shuffled or mingled together, because thereby the inheritance would pass from one tribe to another, which was against the ordinance of God: but other women which had brethren, and consequently did not succeed in the inheritance of their father, were not forbidden by this Law, but that they might marry with whom they would of any other tribe, because it appeareth evidently, that from hence would not follow the confusion of the lots. Neither do we read of any dispensation that the Tribes of Levi and Judah had to join in marriage one with another: for there needed no dispensation, where was no prohibition, &c. This testimony is cited by Drusius.
Lastly, observe touching the Jewish inheritances, [Use 5] that at the year of Jubilee, the inheritance sold or mortgaged, returned again to the owner, as we may read Levite. chapter 25, verses 8.9. This fell out every fiftieth year: then the Trumpet of Jubilee sounded, & they proclaimed liberty and freedom throughout all the land, unto all the inhabitants thereof: then servants were set free, then debts were forgiven, then every man returned unto his own possession and family, Verse 10.
This solemn and sacred time was instituted for these causes: First, to moderate and bridle the covetousness of such as hoped and gaped after other men's possessions, and to teach every man to be content with his own estate, and not enter upon the possessions of others, as Ahab did upon the vineyard of Naboth.
Secondly, to keep a true Chronology, & a certain computation of time, which is very necessary and profitable in the reading of histories, to know where and at what time everything was done.
Thirdly, to maintain a distinction of the Tribes, until the exhibiting of the Messiah, according to the prophecy of Jacob, Gen. 49, 9, The Tribe shall not depart from Judah, till Shiloh come. For howsoever many do understand the word (Shebet) in this place of the Scepter, yet I do not remember in all the books of Moses, wherein it is often used, that once it is used in that sense, albeit it be in other books afterward. Lastly, to figure out the redemption of Christ, who indeed brought a true Jubilee and freedom when the fullness of time came. He proclaimed liberty with his own voice from the tyranny of sin, of Satan, and of hell, Isaiah 61, 1, 2, 3, c. Luke 4, 18. He purchased a full discharge from all our spiritual debts, trespasses, and transgressions, John. 8, 34, 36, Verily, verily, I say unto you, Whosoever 〈1 page duplicate〉 〈1 page duplicate〉 committeth sin, is the servant of sin: but if the Son shall make you free, then are you free indeed. Through him it is come to pass, that Satan hath no power to exact any debt at our hands, Christ hath cancelled the bill and hand-writing that stood in force against us, 1 Cor. 6, 20 Gal. 4.5, 1 Pet. 1, 18, 19. Col. 1, 13, 14. Rom. 8, 2. This Law pertaining to the ceremonies of Moses, the Papists have taken up, and horribly abused, and brought into use in the times of the Gospel, and under color thereof sell their pardons and indulgences, and abuse the people, and make sale of their souls. For as God had his Jubilee, so the Pope hath his; howbeit, it is in an apish kind of imitation, and can neither be accounted this Levitical Jubilee, neither yet received for Christian. It cannot be the Levitical, because in it no servants are freed, no debts are remitted, no possessions of land are restored, as it was in the Jubilee of the Jews. And if the Pope himself would allow this, why doth not he begin and give good example to others, & restore Rome to it self, and others lands of the Church to the Emperor, he being the right and lawful owner, and that proud Bishop only an usurper? Again, in the year of Jubilee the Jews did neither sow nor reap: but at Rome it is nothing so, for then the Popes are most busy & the best husbands, then they sow their indulgences thick & threefold, & reap a plentiful harvest by such merchandise. Hence it is, that whereas at the first this solemn feast, (which now keepeth the Popes kitchen hot for many years after) was rare, now it is grown more common, that it might be more gainful. The invention of it was altogether unknown for more then twelve hundred years after Christ, and never heard of in the purer times of the Church. The first father of it was Boniface the eighth, who promised full remission of sins to all those that would repair to Rome, and pay soundly for a pardon, and this was to be done every hundred years. This time was thoght too long, & was afterward abridged by Clement the sixth (who got the papacy in the year 1342.) to 50 years, after the manner of the Jew. After him came Sixtus the fourth, in the year of our Lord, 1473, who thinking the times to come to slowly about, and finding the sweetness of the former device, cut it off again in the middes, appointed every 25 year for a Jubilee, and promised like pardons to all comers and goers: whereas before him Urban the sixth, had brought it to 33, years: and lastly, it is come to ten years, because they would be sure to lose no profit. See what the desire of money worketh in these holy fathers, who oftentimes sell pardons so fast to others, that it is to be feared they never obtain pardon themselves. Neither can this Jubilee be holden for Christian, in that poor pilgrims resort to Rome, and visit the Churches of Peter and Paul, but rather superstitious & blasphemous. For this is to tie grace to a certain time and place, w c is not tied, Isaiah 2, 5. John. 4, 23. Math. 28, 19. Secondly, this is to worship God with our own works which he hath not commanded nor required, Isaiah 1, 12, Math. 15, 9, and to make sinful men to merit the grace and favor of God, whereas all such kind of service is abominable in his sight. Lastly, they make sale of the grace of God, w c is much more precious then gold and silver, & take money for remission of sins, which that proud Prelat is not able to give. Thus are men pitifully deceived, and God is horribly dishonored. And howsoever the good of the people is pretended, yet this Jubilee is nothing else but the Popes market and harvest: his market day to sel his wares and commodities, and his harvest to gather in his pardon-money, whereby he emptieth the purses of others, but filleth his own coffers. True it is, he claymeth a power to dispense the treasure of the Church, that is, the merits of the Saints, and the ouermeasure of their works and obedience, he hath in store for all such as lack; but this is most injurious and derogatory to Christ. It is proper to him to redeem others, and to satisfy for them, who is made of the Father to be our redemption, 1 Cor. 1, 30. Again, the Scripture expressly excludeth the sufferings of the Saints from the work of redemption and remission of sins, 1 Cor. 1, 13. Acts 4, 12. 2 Cor. 5, 21, Acts 10, 43. Thirdly, if the satisfactions of the Saints were of so great worth & value, that they can take away and blot out the sins of others, then they might be truly called the Mediators of the New Testament; howbeit this is proper to Christ, Heb. 9.13, 14 15. Lastly, the Saints themselves are not able to pay their own debt, much less the debt of others, and they that want the mercy and mediation of another, cannot be mediators for another. But the best Saints that ever were, or shall be, do say, Forgive us our debts, & therefore they are not able to pay them. How then can they have any works of supererogation, or the measure of their works running over, that have not enough for themselves?
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Even as the Lord commanded Moses, so did the daughters of Zelophehad.
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For Mahlah, Tirzah, and Hoglah, and Milcah, and Noah the daughters of Zelophehad were married unto their fathers brothers sons.
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And they were married into the families of the sons of Manasseh, the son of Joseph, and their inheritance remained in the tribe of the family of their father.
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These are the commandments and judgments which the Lord commanded by the hand of Moses, unto the children of Israel in the plains of Moab, by Jordan, near Jericho.
The third part of the chapter remaineth, to wit, the marriage of these five daughters: what God had appointed, and Moses had published, they approve and allow. For Moses setteth down, both where they married, and to whom. They matched in their own Tribe, to wit, into the families of the sons of Manasseh, and particularly it is said, They were married to their fathers brothers sons, that is, to their cozen germans. From hence we learn, that the marriage of cozen germans, that is, the children of brothers and sisters is lawful. In the proof of this point, no man must look for any express law or commandment to marry in this manner, because no man was ever commanded to do so: it is enough to show that it is left free and not prohibited; & that will appear by sundry examples of all sorts. The marriage of Esau the son of Isaac, is recorded to have been with Mahalath the daughter of Ishmael, Isaac's brother, Gen. 28, 9, so that he married his fathers brothers daughter. And albeit he were a wicked man and profane, yet he is not reproved for marrying so near of kin. And Jacob himself is charged by his parents to take a wife no farther off, and therefore he being the son of Rebecca matched himself with Rahel the daughter of Laban Rebeccaes brother; thus he married his mothers brothers daughter, as Esau before him had married his fathers brothers daughter. In like manner we see the same in a sort between Isaac Abraham's son, the son of promise, and Rebecca the daughter of Bethael, son to Nahor, Abraham's brother, Gen. 24, 15, whereof the one is cozen german, the other is cozen german but once removed.
To these examples it will be objected, that they were all before the law, and therefore they might be lawful: but the matter stood otherwise after the law. Let us see therefore how the case stood after the law. And first, observe the example of these daughters of Zelophehad mentioned in this place, of whom it is said, that they married their fathers brothers sons, verse 11. But it will be said, that by brethren we must understand, nor natural brethren, but others farther off. But if it were so, then it had been sufficient to have called them their fathers brethren without any addition of sons, or their own brethren, and then indeed the marriage had been left doubtful and uncertain: but the addition of sons to brethren doth rightly and readily distinguish the cozen germans from all the rest of their kindred. And to make the matter more clear and apparent, it is evident that Zeloph • had had brethren of his parents that had store of sons; for what man of any understanding will exclude those that most properly may be meant, and run to others that may improperly be termed his brothers sons? Now that Zelophehad had brethren, and they also sons, is no way doubtful, because out of the loins of his brother Hepher came a great family, called in respect of the multitude of them, The family of the Hepherites, Numb. 26, 32. as of Gilead, the Gileadites. Furthermore, we read in Joshua, of the marriage of Othniel the son of Kenaz, with Achsah the daughter of Caleb, Kenaz brother, so that they were brothers children, Josh. 15, verses 16, 17.
If any here also dally with the ambiguity of the word Brother, as suspecting and surmising that it is there taken for some kinsman farther off, and not properly for a brother of the same immediate parents: this may easily be disproved by the term after given to Kenaz, of younger brother to Caleb, Judge. 1, verse 13, which plainly noteth the age and order of brethren in one family and from one parent, and not any order of kindred among those that are of diverse families and parents, according as the eldest son noteth the order of children in one family, as may appear in the order of Genealogies, 1 Chron. chap. 2, verse 13, where the sons of Jesse are so distinguished and known by the eldest, the second, and so forward of the rest. And there also it appeareth, that Caleb had other brethren, as Ierameel in the ninth verse, and the two and fortith verse, yea even that Caleb which had Achsah to his daughter, as we may read verse 49: and therefore in respect of those elder, Kenaz might well be so called, his younger brother: nay having elder, we cannot without great confusion of speech, and very much uncertainty of meaning, refer the younger unto any other of his kindred whatsoever.
Thus we have seen diverse and sundry examples of the marriage of cousin germans recorded faithfully in the Scriptures, both of the godly and the ungodly, both before the Law and since the Law, and we never find that any of them were reproved or gain-said; which may induce us to hold them lawful, and not against the Law of GOD and godliness.
Let us pass from the Jews to the ancient Romans, and other Nations, and from the Romans to our selves. The Apostle Paul teacheth us in the second chapter of the Romans and the fourteenth verse, that the Gentiles which have not the Law, do by nature the things contained in the Law: and it were not hard to show out of diverse and sundry profane writers, such at were Liuy, Plutarke, Cicero, Tacitus, Historiographers, Philosophers, and Poets, an infinite number of examples of such matches frequented among them: whereupon Calvin a most judicious Divine, and one of the foundest interpreters of these latter times saith plainly, Tam Lege Mosis, quam gentium iure id semper licuit, that is to say, As well by the Law of Moses, as by the common law of Nations, the marriage of cousin germans, was always lawful.
True it is, sometimes for fear and sometimes for flattery; they have been induced to consent to incestuous marriages. Claudius Caesar the Emperor had concluded a marriage between himself and Agrippina his brothers daughter, yet they durst not celebrate the solemnities of their unlawful love openly, (for it was incest) neither was it practiced before, that the brothers daughter should be brought into the vnckles house as wife: whereupon he commanded the Senate to pass a decree, by virtue whereof, marriage between the Vncles and Neeces, daughters to their brothers, should from thence-forward be accounted just and lawful. This they did readily & willingly to gratify his desire, and yet for all that there was one only Gentleman of Rome that followed that president, who also was thoght to do it to win the favor of Agrippina. So likewise when Cambyses fell in fancy with his own sister, and was desirous to marry her, which was never used amongst the Persians before, He called together his Judges, and asked of them, whether there were any law to permit a man to contract matrimony with his own sister: They knowing the kings disease as well as if they had felt his pulse, made answer, That they could find no such law that suffered the brother to marry the sister: yet they had met with another law, that the Persian King might do whatsoever he pleased. Thus partly for fear & partly for flattery they resolved, respecting more their own security then they did the Kings honor and honesty. Plutarch in his Roman questions showeth, that a statute was enacted among them, by virtue whereof it was made lawful for all men from • hat time forward to marry as far as to their cozen germans, (including them also) but in any higher or nearer degree of consanguinity they were utterly forbidden. This statute was no other but the very law of God and nature, which restrayneth and forbiddeth to marry nearer, but other degrees it leaveth free. Nevertheless I confess, that he saith, It was long before this statute was enacted, & that one was endighted and like to be condemned for marrying with his cozen german, if he had not been in special favor with the people, whereby it came to pass, that the bill of indictment was suppressed. But who this was, or when it was, he concealeth, and I must needs say, I much suspect the truth thereof: because the forbidding of this degree could not be ancient. For many brethren desired to match their children this way, & thought they could not be better bestowed. Ligustinus, as Liuy reporteth ( Decad. 5. lib. 2.) showeth that his father gave him to wife the daughter of his uncle. Tully reporteth that Cluentia was married to M. Aurius her cozen german. (Cicer. orat. pro Cluent.) And before Rome was built, at the coming of Aeneas into Italy, a marriage was entreated off between Turnus and La ••• ia, who were borne of two sisters. This confirmeth that which S. Augustine writeth, ( De ciuit. dei. lib. 15. cap. 16.) that before his time such marriages were lawful among them.
But to leave these foreign examples, let us come home to our selves. In the 32. year of the reign of Henry the eight, chap. 38, all persons are adjudged lawful to marry, that are not prohibited by God's law: which statute being afterward repealed and made void by Q. Mary, was in the first year of the late Queens happy reign restored to his former strength and virtue: and hereupon by the ecclesiastical authority in the Land, a Table was made and put in print; containing all the degrees unlawful in marriage by the law of God, and so holden unlawful in our Land; among which, cozen germans are not mentioned, and therefore are holden by the judgment of our Church to be lawful.
Thus we have the continual practice of the [Reason 1] marriage of cozen germans in all ages, among the Jews and Gentiles, and our selves, which showeth the lawful and laudable use thereof: let us now see a few reasons farther to manifest this point. And first, this is a sure foundation laid by the Apostle, Rom. 4, 15. Where no law is, there is no transgression. But there is no law that forbiddeth these to marry, either expressly, or by implication. For albeit we find in the book of Leviticus a perfect direction touching marriage, & all other titles of kindred noted by the persons to whom they appertain, to wit, father and mother, son and daughter, brother and sister, grandfather and grandmother, and the grand-children, uncle and aunt, nephew and niece; yet not any cozen in any degree, third, second, or first degree: and therefore these are to be excluded from the former, and no way to be sorted and ranged among the unlawful marriages. Secondly, sundry of these degrees forbidden, are not only once expressed, but again reiterated in the very letter of the law, and that in a diverse manner to note out the greater efficacy: as for example, the fathers wife, first in the 7. ver. Thou shalt not uncover the nakedness of thy father: and again in the 8. verse, Thou shalt not uncover the nakedness of thy fathers wife. Likewise her sister, in the 9. verse. Thou shalt not uncover the nakedness of thy sister, the daughter of thy father: which is repeated again, verse 11. Thou shalt not uncover the nakedness of thy fathers wives daughter, begotten of thy father, for she is thy sister. Lastly, thy aunt, noted in the 12. verse. Thou shalt not uncover the nakedness of thy fathers sister: then he addeth in the next verse, nor of thy mothers sister, and again in the 14. verse, nor of thy fathers brothers wife; touching all which three (being everyone thy aunt) the prohibition of any one had debarred the rest.
The law then being so copious and plentiful to repeat much forbidden before, it is certain it would never have omitted the mention of one whole degree, and the same also the greatest of all the rest, to wit, cousin germans, if the matching of them together had been utterly unlawful, as all the rest are which are mentioned in the Law. This is the prerogative of the word, that it is a perfect word: & as the Law is in no point superfluous, so it is in no case defective.
Thirdly, among all the titles of kindred mentioned in Leviticus, there is not any whereunto cousin germans may in any sort be referred: and therefore as they are not expressed, so they are not included under any degree prohibited.
For if they might be comprised under any of those heads, it should be under the title of brethren and sisters, which indeed in a general sense do often in Scripture contain not only cousens in the first degree, but in the second, third, fourth, and farther also. But by this extent of the words, we should bring under the prohibition of marriage, as well the one as the other, which I suppose few will admit.
Wherefore the Lord to prevent this generality of brotherhood, and mistaking of the Law contrary to the true meaning thereof, the sister is limited by determinate notes of difference from the cousins, that she is termed the daughter of thy father or mother, Levite 18, 9, and begotten of thy father, verse 11: and therefore the titles of brother and sister, cannot be extended so far as to cousin germanes, and if not they, much less any other.
Fourthly, the bringing of cousin germans within the compass of the degrees prohibited is to leave the matter at uncertainty, and the Law of God to determine nothing. For how far shall we have such cousins restrained? once only removed, or twice, or how many degrees? And if any answer, only the first degree: I would know why the first more then the second; or the second more then the third? seeing that the one is no more to be proved out of the Law of God then the other.
As for those that allege the words of the Law, Levite. 18, 6, None of you shall approach to any that is near to him, to uncover their nakedness: if they be rightly weighed, they give no color to such interpretation, nor liberty of such extension, but rather serve as a bar to seclude them out of the prohibition. For if any other degrees then are after expressed should be meant, then all cousin • • n any degree, though never so far off, even an hundred times removed, should be included within the former prohibition, which no wise man will affirm.
Neither may we imagine, that the Lord would give such a Law, not to come near any of the kin, and never express what kin he meaneth, but leave us at randon, every man to conjecture, and every man to hold what he pleaseth.
So then it is evident, that the words are not to be stretched so largely, but are to be gathered into a more narrow compass, and to a more strict senfe, such as may be inclusiue to all the degrees afterward in particular rehearsed and recited, and exclusive to all others.
Fifthly, the Law of God setteth down sundry threatenings of most horrible judgments upon the heads of such as break the bounds of Nature, and are pursued with the censure of abomination, of wickedness, of villainy, of filthiness, committed, and with the sentence of blood, of death, of cutting off, of fire, and of barrenness, not only upon the one party, but upon the other, neither only upon the man, but upon the beast: nevertheless, among all these, the cousin germans are no more touched in the punishment, then they were before in the prohibition.
Lastly, as the threatening is noted, so also is the execution of the threatening, remembered. For there is no incest committed against the holy Law of God mentioned in the Scripture, but it always carrieth a note of reproof, and a brand of God's judgment with it: but in the examples of the marriages of cousin germans (which are many in Scripture) not the least touch of any reprehension or correction. Reuben went up to his fathers bed and defiled his concubine, Gen. 35, 22, & 49.4, 1 Chron. 5, 1, and he is punished with the loss of his birth-right.
Abshalon went in unto his fathers concubines which he had left to keep the house, 2 Sam. 16, 21, and he is punished not long after with a violent death, and lived not out half his days, 2 Sam. 18, 14. The incestuous Corinthian committed fornication with his fathers wife, and he is censured by the Apostle with excommunication, and delivering him o •• r to Satan, 1 Cor. 5, 1. Lot in his drunkenness committed incest with his own daughters, and is plagued with the birth of obstinate enemies of God's Church, the first fathers of the Moabites & Ammonites, Gen. 19, 33. Judah defiled his daughter in law Tamar, indeed in ignorance, yet duly reproved by himself, & effectually repented, so that he never lay with her Gen. 38, 16. Amnon fell in love with his sister Tamar, and lay with her, and immediately after his lust he is punished with lothsomnes in himself, & hatefulnes in Absalom toward him, & plagued with a sudden and violent death in the end, 2 Sam. 13, 14, 15. & 28, 29. Lastly, Herod took his brothers wife, and he is reproved for it by John the Baptist, Mat. 14.4, 10. & John the Baptist is taken away from him and the unthankful world, who was as a shining candle in y e darkness of the world, which was no small plague. And if we may give any credit unto ecclesiastical histories, touching this Herod who was called Antipas, he that defiled his body with most filthy Incest, and embrued his hands with h • rmelesse and innocent blood, and abused his tongue to mock Christ our Savior with his cursed Courtiers, felt not long after the vengeance of God: For as he gaped after honor and sought ambitiously to be entitled with the name of a king, he and his proud minion with him were in the second year of the Emperor Caligula condemned to perpetual banishment, and at Lions in France they ended their days in shame, contempt, reproach, and misery. A fit death for such a life, Joseph. Antiq. lib. 18. cap. 9. Euseb. lib. 2. cap. 4. In all these examples we see that although the Magistrate leave these sins of incest unpunished, yet good men do not pass by them without reproof even in the greatest personages; and God doth not let thē alone without a judgment, and the Scripture doth not record them without a due note and censure of the abomination. And may we then in reason think, that God, and good mē, and the Scripture it self would be silent, and have let pass so many marriages of Cousen-germans without any one check or chastisement, if they had been against the law of God & godliness? Nay rather we may well think, that seeing they go away so clearly without any the least note of reproof, yea and some of them with no small approbation and commendation at the hands of GOD and good men, they are not at all incestuous & impious, but most lawful and allowable.