Annotations upon the five bookes of Moses, the booke of the Psalmes, and the Song of Songs, or, Canticles VVherein the Hebrevv vvords and sentences, are compared with, and explained by the ancient Greeke and Chaldee versions, and other records and monuments of the Hebrewes: but chiefly by conference with the holy Scriptures, Moses his words, lawes and ordinances, the sacrifices, and other legall ceremonies heretofore commanded by God to the Church of Israel, are explained. With an advertisement touching some objections made against the sinceritie of the Hebrew text, and allegation of the Rabbines in these annotations. As also tables directing unto such principall things as are observed in the annotations upon each severall booke. By Henry Ainsworth.

CHAP. XXV.

1 God commandeth just judgment towards all. 2 To beat such as deserve it, but not with moe than forty stripes. 4 Not to mousell the Oxe when he trea∣deth out the corne. 5 Of raising seed unto a brother deceased without issue. 7 What was to bee done unto the man that would not so raise up seed unto his bro∣ther. 11 The immodest woman must have her hand cut off. 13 Against unjust weights and measures. 17 The memory of Amalek for cruelty to Israel, is to bee blotted out from under heaven.

IF there be a controversie betweene men, [unspec 1] and they come neere unto judgment, and they judge them; then they shall justifie the just, and condemne for wicked the wicked.

And it shall be, if the wicked he worthy to [unspec 2] be beaten, that the Iudge shall cause him to lie downe, and to bee beaten before his face, ac∣cording to his wickednesse, by a number. Forty (stripes) hee may smite him; hee shall [unspec 3] not adde moe, lest if hee adde to smite him a∣bove these with many stripes, then thy bro∣ther be vile in thine eies.

Thou shalt not mousell the Oxe when hee [unspec 4] treadeth out the corne.

If brethren dwell together, and one of them [unspec 5] die, and have no sonne, the wife of the dead shall not be to one without, to a man that is a stranger, her husbands brother shall goe in unto her, and take her to him to wife, and do the duty of an husbands brother unto her. And it shall bee, that the first-borne which she [unspec 6] beareth, shall stand up in the name of his bro∣ther, which is dead, that his name be not blot∣ted out of Israel. And if the man like not [unspec 7] to take his brothers wife, then let his brothers wife goe up to the gate, unto the Elders, and say, My husbands brother refuseth to raise up unto his brother a name in Israel; hee is not willing to doe the duty of an husbands bro∣ther unto mee. And the Elders of his citie [unspec 8] shall call him and speake unto him: and if he stand and say, I like not to take her; Then [unspec 9] shall his brothers wife come neere unto him in the eies of the Elders, and shee shall pull off his shooe from off his foot, and shall spit in his face: and shee shall answer and say; So shall it bee done unto the man which will not build up his brothers house. And his [unspec]

name shall bee called in Israel, The house of him that hath his shooe pulled off.

When men strive together, a man and his brother, and the wife of the one draweth neere [unspec 11] for to deliver her husband out of the hand of him that smiteth him, and putteth forth her hand, & taketh hold by his secrets; Then [unspec 12] thou shalt cut off her hand, thine eie shall not spare.

Thou shalt not have in thy bag a stone and a stone, a great and a small. Thou shalt not [unspec 13] [unspec 14] have in thine house an Ephah and an Ephah, a great and a small. A perfect stone & a just shalt thou have, a perfect Ephah and a just [unspec 15] shalt thou have, that thy daies may be lengthe∣ned in the land which Iehovah thy God gi∣veth unto thee. For hee is an abomina∣tion [unspec 16] to Iehovah thy God, whosoever doth these things, whosoever doth unrighte∣ousnesse.

Remember that which Amalek did unto [unspec 17] thee by the way when ye were come forth out of Egypt. How hee met thee by the way, [unspec 18] and smote the hind most of thee, all that were feeble behind thee, and thou wast faint and weary; and hee feared not God. Therefore [unspec 19] it shall be when Iehovah thy God hath given rest unto thee, from all thine enemies round about, in the land which Iehovah thy God giveth unto thee for an inheritance to possesse it, thou shalt blot out the remembrance of Amalek from under the heavens: thou shalt not forget it.

Annotations.

A ••o••t••oversie] a plea, or strife; in Greeke, a [unspec 1] contradiction. and they] or, that they (the Iudges) may judge them. And this Law concer∣neth all Courts, the highest of 71 Iudges, the Court of twenty three, and the Court of three; the lowest of which judged inferiour causes and money matters, and had authority to beat malefa∣ctors▪ but not to put to death. justifie] that is, pronounce just, & so absolve or acquit in judgment. condemne for wicked] or, pronounce wicked, and so tendemne in judgment; as the Greeke transla∣teth it, condemne. This is contrary to the former, and so the Apostle opposeth them, saying, It is God that justifieth, who is hee that condemneth? Rom. 8. 33. 34. This law is perpetuall, the transgressi∣on whereof is a great sinne; for, Hee that justifieth the wicked, and he that condemneth the just, even they both are an abomination to the LORD, Prov. 17. 15.

Vers. 2. worthy to be beaten] Hebr. a son of bea∣ting, [unspec 2] which the Greeke translateth, worthy of stripes; and the Chaldee, a sonne guilty of, or worthy to bee beaten. So the sonne (or childe) of hell, Matt. 23. 15. is one worthy of hell fire; the son of death, in 1 Sam. 20. 31. is one that was worthy of death, and therefore should be killed: and in the Gospell, If the sonne of peace bee there, (in the house) Luk. 10. 6. which another Evangelist explaineth thus, If the house be worthy, Matt. 10. 13. Now, who they were that deserved beating, are by the He∣brewes shewed thus; Hee that transgresseth against a prohibition, whereby the (contrary) commandement to be done, is broken off, and they warned him of it, and said unto him, Doe not this thing, for if thou doest it, and keepest not that which is commanded concer∣ning it, thou shalt be beaten; and he transgresseth and keepeth not the commandement, loe he is to be beaten. Maimony in Sanhedrin, chap. 16. sect. 4. More particularly, Th••se are to be beaten, whosoever trans∣gresseth against a prohibition, for which he deserveth to be cut off, but is not to bee put to death by the Syne∣drion, as he that eateth fat, or bloud, or leven at the Passeover. Likewise whosoever transgresseth against a prohibition for which they are guilty of death by the band of God: as hee that eateth of fruits, before the first-fruits, tithes, &c. be paid; and a Priest that is uncleane, and eateth of the heave-offering which is cleane. Likewise who so transgresseth against a pro∣hibition, wherein there is an act (or worke:) as hee that boyleth a Kid in his mothers milke [which the Hebrewes understand of eating flesh with milke;] or that weareth Linsey-woolsey. But a prohibition wherein is no act, as to walke as a tale-bearer, to re∣venge or beare grudge, or receive a false report, &c. for such he is not beaten: [nor for any other wherein there is an act, some few excepted.] Every prohibi∣tion, for which they are to be put to death by the Ma∣gistrate, as adulterie, working on the Sabbath, &c. they are not beaten therefore. So every prohibition, for which they are to make satisfaction, as robbery, theft, &c. they are not beaten for it. And every prohibition▪ whereby the (contrary) commandement is broken off, as, Thou shalt not take the dam with the young, (Deut. 22. 6.) Thou shalt not wholly rid the corner of thy field, (Levit. 19. 9.) &c. they are not beaten for it, unlesse they keepe not the commanded thing concerning them; [that is, unlesse they omit the letting of the dam goe, Deut. 22. 7. and the leaving of the corner for the poore, Levit. 19. 10.] And for a prohibition (implied) in the generals, they are not beaten: but all other prohibitions which are in the Law, they are to bee beaten for doing them. What is that prohibition (comprised) in the generals? It is one prohibition which generally compriseth many things, as, yee shall not eat with the bloud, (Levit. 19. 26.) And so when it is said. Doe not such a thing, and such a thing, forasmuch as there is not a particular prohibition set before every one of them, he is not to be beaten for every one of them, unlesse they bee divided in other prohibitions, or said by word of mouth that they are divided. As where it is said, Eat not of it raw or sodden, (Exodus. 12. 9.) hee is not beaten (for eating of it raw and sodden) twice, but once. Of the first-fruits hee saith, Yee shall not eat bread, and parched corne, and greene eares, (Levit. 23. 14.)

a man for eating these three is to bee beaten thrice; by word of mouth wee have beene taught, that these are divided (or severall.) It is said (in Deut. 18. 10.) Let there not bee found in thee, any that maketh his sonne or his daughter to passe thorow the fire; a divi∣ner of divinations, an observer of times: although all these things be comprehended generally in one pro∣hibition, yet are they divided in other prohibitions, as (in Levit. 19. 26.) ye shall not observe fortunes, and yee shall not observe times: to teach, that every one of these is a prohibition by it selfe severall; and so all other of like sort. Maimony in Sanhedrin, ch. 18. sect. 1, 2, 3. Finally they say, All prohibitions, for which cutting off is due, but not death by the Magi∣strate, for which men are to be beaten, are one and twenty. All for which death is due by the hand of God, which are prohibitions wherein an act is, for which men are to be beaten, are eighteene. All prohibitions in the Law, for which there is neither cutting off due, nor death by the Magistrate, for which men are to be beaten, are an hundred sixtie and eight. So there are found in all which are to be beaten, 207. Maimo∣ny ibidem, chap. 19. All which are there particu∣larly related, but would be too long here to repeat. the Iudge] that is, the Iudges, as the Greeke translateth: for one Iudge sate not alone to judge controversies. Neither was any man to be beaten without witnesses of his crime. No man is to bee beaten but by witnesses and evidence, and they are to examine the witnesses by inquiry and diligent search, even as they do in judgments of life and death. Mai∣mony in Sanhedrin, chap. 16. sect. 4. cause him to lie downe] or, to be laid downe, and bound fast: the manner is said to bee thus, both his hands are fast bound unto a post, this way and that way, and the mi∣nister of the congregation [the executioner] taketh hold on his garments, if they rend they rend, or if they seam-rend they seam-rend, untill he make bare down to his heart, for he is not to beat him upon his clothes. And hee that is beaten neither standeth nor sitteth, but boweth downe. Maim. in Sanhed. c. 16. s. 8. 10. to be beaten] or smitten; in Greeke, scourged. The Hebrewes say, There was a stone laid behinde him, on which the minister that did beat him stood, who had in his hand a scourge of a bulls hide, doubled to two, and two to foure; and two scourges (or thongs) of an asses hide, that slided up and downe in it: and the bredth of the scourge was an hand bredth▪ and the length so as it might reach to the fore-part of his belly; and the handle of the scourge was an hand bredth long. Hee that did beat him, lifted up the scourge with both his hands, and smote him with one hand, with all his might, &c. Maim. in Sanhedrin, ch. 16. sect. 8. before his face] the Greeke trans∣lateth, before them, meaning the Iudges, who were to see him beaten. And they say, that The greatest of the Iudges read all the while that he was in beating, (that in Deut. 28. 58. &c.) If thou wilt not observe to doe all the words of this law, &c. then the LORD will make thy plagues wonderfull, &c. And the se∣cond of the Iudges counted (the number of the strokes) and the third said unto the minister, Smite▪) all the while that hee smote, hee did smite at his bid∣ding. Maimony ibidem, chap. 16. sect. 11. according to his wickednesse] or, as the Chaldee in∣terpreteth it, according to the sufficiency (the pro∣portion) of his sinne: but the Greeke saith, accor∣ding to his impiety. So that the Iudges might mo∣derate [unspec] his blowes, according to the nature of his trespasse, and the mans ability to beare the stripes; but they might not exceed the number se•• here of God. They may not adde moe than forty, though hee bee as strong and Iusty as Sampson: but they may abate from him that is weake, &c. If they have jud∣ged him to have forty stripes, and after that they have begun to beat him, they see him to be weake, and say, he cannot beare moe than these nine or twelve stripes which he hath received, then hee is free. If they ad∣judged him to receive twelve, and after that hee is beaten, they see him strong, and able to beare moe, he is free notwithstanding, and may not bee beaten with moe than they adjudged him. Who so deserveth many beatings, for many transgressions that hee hath done, or for one that deserveth many, if they adjudge him one measure (or judgment) hee is beaten and dischar∣ged; if not, they beat him, and hee healeth himselfe, and then they beat him againe. Who so is beaten by the Magistrates for a sinne which deserveth cutting off, and is beaten the second time for the same sinne; as he that eateth ••at (Levit. 7. 25.) and is beaten for it, and eateth fat the second time, and is beaten for it; if he eat it the third time, they beat him not, but put him into Little-ease, a narrow place as high as him-selfe, wherein he cannot lie downe, and they give him the bread of distresse, and water of affliction, till his bowels be shrunke, and he be sicke: and afterward they feed him with barley till his belly burst. Maimony in Sanhedrin, chap. 17. sect. 1, 2, 4. and chap. 18. sect. 4. by a number] that is, by a certaine num∣ber, determined by the Iudges.

Vers. 3. Forty stripes] this number, forty the [unspec 3] Scripture useth sundry times in cases of humi∣liation, affliction, and punishment: as Moses twise humbled himselfe in fasting and praier for∣ty daies and forty nights, Deut. 9. 9, 18. Elias fa∣sted forty dayes, 1 King. 19. 8. and our Saviour, Matth. 4. 2. Forty yeares Israel was afflicted in the wildernesse for▪ their sinnes, Numb. 14. 33, 34. and forty yeares Egypt was desolate for trecherous dealing with Israel, Ezik. 29. 11, 12, 13. Forty daies every woman was in purification from her uncleannesse, for a man-childe that shee bare, and twise forty daies for a woman-childe, Levit. 12. 4. 5. Forty daies and forty nights it rained at Noes flood, Gen. 7. 12. Forty daies did Ezekiel beare the iniquity of the house of Iudah, Ezek. 4. 6. Io∣nas preached, yet forty daies and Nimveh shall bee over throwne▪ Ion. 3. 4. Forty yeares space the Ca∣naanites had to repent, after Israel came out of Egypt, and wandred so many yeares in the wil∣dernesse, Numb. 14. 33. And thrice forty years the old world had No•• preaching unto them re∣pentance, Gen. 6. 3. It was forty daies ere Christ ascended into heaven, after ••his resurrection, Acts 1. 3,—9. And forty yeares space of repen∣tance hee gave unto the Iewes, from the time that they killed him, before hee destroyed their Citie and Temple, by the Romans.

By the Hebrewes this law is expounded thus, How many stripes doe they beat (an offender) with? with forty lacking one: as it is written (Deut. 25. 2, 3.) by number forty, that is, the number which is next to forty. Thalmud. Bab. in Maccoth, chap. 3. This their understanding is very ancient, for so they pra∣ctised in the Apostles daies; as Paul testifieth, Of the Iewes five times received I forty (stripes) save one, 2 Cor. 11. 24. But their reason which they give is not solid: as when they say, If it had beene written, FORTIE IN NVMBER, I would say it were full forty: but being written, in number forty, it meaneth the number which reckoneth forty next after it, that is, thirty nine. By this exposition they confound the verses, and take away the distin∣ction. I thinke rather this custome was taken up, by reason of the manner of their beating forespo∣ken of, which was with a scourge that had three cords, so that every stroke was counted for three stripes, and then they could not give even forty, but either thirty nine, or forty two, which was a∣bove the number set of God. And hereof they write thus: When they judge (or condemne) a sinner to so many (stripes) as he can beare, they judge not but by strokes that are sit to be trebled, [that is, to give three stripes at one stroke by reason of the three cords.] If they judge that he can beare twenty, they doe not say he shall be beaten with one and twen∣ty, to the end that they may treble (the stripes) but they give him eighteene. Maimony in Sanhedrin, chap. 17. sect. 2. Thus hee that was able to beare twenty stripes, had but eighteene; the Executioner smote him but six times, for if he had smitten hm the seventh, they were counted one and twenty stripes, which was above the number adjudged: so he that was adjudged to forty, was smitten thir∣teene times, which being counted one for three, make thirty nine. And so R. Bechaias writing here∣of saith, The strokes are trebled (that is, every one is three) and three times thirteene are nine and thir∣ty. hee may smite] in Greeke, they may scourge, (or, shall scourge,) implying all the Iudges with the Executioner: so after, and they shall not adde. not adde] not exceed the number set of God. The Hebrews say, If he that is beaten die under the hand of the Executioner, hee is free; but if hee adde one stripe more to the measure, and he die, then the Exe∣cutioner is banished for it. If he die not, yet he trans∣gresseth against this prohibition: and so for all other that smite their neighbours. For if when the law gi∣veth leave to smite, the Scripture commandeth not to smite a man (more than the appointed measure) for his wickednesse, much more any other man. There∣fore who so smiteth his neighbour, though hee smite a servant with a stroke, for which there is not due a far∣thing recompence, he is to be beaten: but if there bee recompence to be made for it by money, no man payeth, and is beaten also. Maim. in Sanhedrin, ch. 16. s. 12. with many stripes] or, with any moe stripes: Hebr. with much smiting. thy brother be vile] or, be contemptible▪ By this God teacheth to hate and despise the sin, not the sinner, who is by this chastisement to bee amended: as the power which the Lord hath given, is to edification, and not to destruction, 2 Cor. 13. 10. This vilenesse or igno∣miny is opposed to glory or honour, Esay 16. 14. The Greeke translateth it, Aschemonesei, that is, be ignominious, or behave himselfe unseemely: which word Paul useth when he saith, Love doth not be∣have it selfe unseemely, or is not ignominious, or contumelious, 1 Cor. 13. 5. From this the He∣brewes teach, that whosoever hath sinned and is bea∣ten, hee returneth to his dignitie, because it is said, Then thy brother be vile in thine ••ies; after he is bea∣ten, loe he is thy brother. And all that deserve cut∣ting off, when they are beaten, are free from cutting off. The high Priest when he sinneth, is beaten by three, as all other of the people, and returneth to his high∣nesse (or dignity:) but the Chiefe of the Session, when he sinneth, they beat him, and he returneth not to his first estate; yea, hee returneth not to be as one of the rest of the Synedrion, for they ascend in holinesse, and descend not. Maim. in Sanhedrin, ch. 17. s. 7, 8, 9.

Vers. 4. the oxe] or the asse, or any other beast: [unspec 4] the oxe is named but for an instance. And if the beast may not bee mouseled, that is, have his mouth tied up (as the Chaldee translateth) but is to eat of that wherein he worketh, how much more men. Hereupon the Apostle saith, Doth God take care for Oxen? or saith hee it altogether for our sakes? For our sakes no doubt this is written, that he that ploweth should plow in hope; and hee that thresheth in hope, should be partaker of his hope, 1 Cor. 9. 9, 10. See also the notes on Deutero. 22. 10. when hee treadeth] or, in his treading or threshing: which the Greeke (followed also by the Apostle) translateth, treading or threshing. They used in Israel to thresh their corne, not onely with flaile as wee doe, but with the seet of beasts they trod it out, Hos. 10. 11. and sometime with Cart-wheeles, as Esay 28. 27, 28. So they were wont in other nations, as the Romans did beat out their corne with staves, or tread it out with cattell. Columel. de re rust. lib. 2. cap. 21. Spiritually this signified the labour of the Ministers of the Word, preparing the bread of life for the soule, as the Apostle sheweth, saying, Let the elders that rule well bee counted worthy of double honour, especially they who labour in the word and do∣ctrine: for the Scripture saith, Thou shalt not mou∣sell the oxe that treadeth out the corne, 1 Tim. 5. 17, 18. and to this the Proverbe agreeth, Where no oxen are, the crib is cleane (or empty) Prov. 14. 4. Touching this Law the Hebrewes write thus; A beast is to eat all the while that it worketh in things that grow out of the ground, whether they bee yet upon the ground, or pulled up: hee is also to eat of the burdens that are upon his backe, &c. whosoever re∣straineth a beast from eating, in the time of his wor∣king, hee is to be beaten, Deut. 25. 4. whether it bee an oxe, or other kinde of beast, uncleane or cleane, and whether he tread out the corne, or doe any other worke in that which groweth out of the ground; and it is not said, the oxe when hee treadeth, but for an instance. And whether hee mousell him at the time of his worke, or before the time, and then doth worke with him; yea, though hee mousell him by voice, [that is, fraieth him by his voice from eating] hee is to bee beaten. If he hire a beast, and mou∣sell

him, and treadeth out corne with him, hee is both beaten, and payeth to the owner thereof foure kabs for a bullocke, and three kabs for an asse. [A Kab was a measure that held as much as 24 egges.] If an Isra∣elite tread out corne with the bullock of an heathen, (and mousell it) hee transgresseth against this Law, Thou shalt not mousell: but if an heathen tread with an Israelites bullocke, he transgresseth not: [for what things soever the Law saith, it saith to them that are under the Law, Rom. 3. 19.] If hee mousell him not, but put a pricke in his mouth, that hee cannot eat, or cause a lion to lie thereby [to fray him from eating] or layeth the (bullocks) calfe without, [to keepe her from eating,] or that the beast is athirst, and hee giveth it no drinke, or spread a skin upon the corne that he may not eat; all these and other the like are unlawfull, though hee is not beaten [for doing them] &c. Maimony tom. 4. treat. of Hired things, chap. 13. sect. 1, 2, 3.

Vers. 5. If brethren dwell together] This Law is first to bee understood of naturall and next bre∣thren [unspec 5] (the Hebrewes restraine it to Israelites, and brethren by the fathers side onely;) and second∣ly, if there bee no brethren, the next kinsman (for all kinsmen are in the Scripture phrase brethren,) is to doe the duty here required, as the example of Booz and Ruth sheweth, Ruth 3. and 4. chap. And their dwelling together seemeth to denote their single state of life, whilest they abode in their fa∣thers house; as there is an example of Er, Onan, and Selah, in Iudahs family, where before Moses time this Law was practised, Gen. 38. 7. &c. One of them dye] One is often used for the first, as in Gen. 1. 5. and 8. 5. So some understand this Law to be for the first-borne of the brethren onely: others take it generally for any one of them; and thus the Hebrewes take it in the largest sense. It is commanded by the Law, that a man should take the wife of his brother by the fathers side, whether of such as bee maried or betrothed, if hee dye without seed, Deut 25. 5. Brethren by the mothers side (only) are not counted for brethren, in the case of inheri∣tance, or of taking the brothers wife, and putting off (the shooe) but are as if they mere none: for there is no brotherhood but by the fathers side. Strangers that are become Proselytes, and servants which have their freedome, have no brotherhood at all, but are as stran∣gers one to another, &c. Maimony tom. 2. in Iibbum (or treat. of taking the Brothers wise) chap. 1. sect. 1. 7, 8. So in the Gospell this case is pro∣pounded to our Saviour in generall termes, Mo∣ses said, if any (man) die, Matt. 22. 24. or if any (mans) brother die, Mark. 12. 19. Luk. 20. 28. that it seemeth even then, this law was not thought to intend the first-borne onely. have no sonne] Hebr. no sonne to him, that is, no childe: for sonne, the Greeke translateth seed, which comprehendeth sonne or daughter: so in the Gospell it is translated, having no children, Matt. 22. 24. or, hee die child∣lesse, Luk. 20. 28. and in Matt. 22. 25. it is said, having no seed. Thus the Hebrewes expound it, That which is said in the Law, AND HAVE NO SON; whether it be sonne or daughter, or seed of son, or seed of daughter, &c. if he have seed by that wife, or by another, he freeth his wife from unloosing the shooe, or marrying his brother: yea, though he have a seed which is a bastard, &c. But if he have a sonne by a bond-woman, or by an alien, hee freeth not his wife: for the seed that commeth of a bond-woman are servants, Exod. 21. 4. and they which come of Infi∣dels, are Infidels, and are as none; for of the heathen he saith, HE WILL TVRNE AWAY THY SON FROM AFTER ME, Deut. 7. 4. hee turneth him away from being counted of the Church. And though his son by the bond-woman be made free, or his son by the alien bee become a Pro∣selyte; yet are they as other strangers, and freed (ser∣vants) and doe not discharge his wife, &c. Whoso di∣eth, and leaveth his wife with childe, if she have an untimely birth after his death, she is to marry her hus∣bands brother: but if she bring it forth, and the childe commeth out alive into the aire of the world, although it die in the houre that it is borne, loe his mother is discharged from pulling off the shooe, or marying her husbands brother. Maim. in Iibbum, chap. 1. sect. 3, 4, 5. a stranger] that is, of another family in Israel, as the Greeke translateth it, a man not neere, that is, not neere of kin. The Hebrewes say, If she be married to another, & he lie with her before she be maried to her husbands brother, or have pulled off his shooe, he and she are to be beaten, and shee is to goe out by (bill of divorce.) Maim. in Iibbum c. 2 s. 18. her husbands brother] or next neerest kinsman, as in Ruths case, Ruth 3. Here they say, Who so di∣eth and leaveth many brethren, it is commanded that the eldest marry his brothers wife, or pull off his shooe. If the eldest will not, they turn to all the other brethrē: if they will not, they turne againe to the eldest and say, Vpon thee the commandement (lieth) either to pull off (the shooe) or to marry thy brothers wife: and they cannot compell the husbands brother to marry her, but they may compell him to pull off (the shooe.) If the eldest brother be gone into another countrey, his youn∣ger brother may not say, the commandement lieth up∣on my elder brother, wait for him till he come: but they say to this, that he now marry, or pull off (the shooe.) Maimony in Iibbum, chap. 2. sect. 6,—9. goe in unto her] into the chamber, as Iudg. 15. 1. that is, take her to wife. The Hebrews thinke this might not be done till they had waited 90 daies after her husbands death, which was to see whether shee were with childe or not: and such was the custome for all other women that were widowes; they ma∣ried not till after three moneths. Maim. in Iibbum, chap. 1. sect. 19. This seemeth necessary in this case, for if she were with childe, & brought it forth alive, it was not lawfull for her brother in law to have her, Levit. 18. 16.

Vers. 6. stand up in the name of his brother] that [unspec 6] is, be counted and called the seed of the dead man, not of the living: and for this cause Onan sinned in not performing this duty, because hee know that the seed should not be his, Gen. 38. 9. Thus Obed, whom Boaz begat of Ruth, is said to bee the sonne of Naomi, Ruth 4. 17. And as hee did this for his dead brother, so by the Hebrewes, Who so maried his brothers wife, hee was the heire of all his brothers goods. Maimony tom. 4. treat. of Inhe∣ritances,

chap. 3. sect. 7. his name be not blotted but] or, not wiped out; for that was an heavie judg∣ment in Israel, Deut. 9. 14. and 29. 20. Psal. 109. 13. Therefore to comfort the godly Eunuchs, the Lord promiseth to give them a name better than of sonnes and of daughters, Esay 56. 5. And this shew∣eth the reason o•• this Law, that God would have brethren shew mercy one to another, both to the living, and to the dead, as Ruth 2. 20. that widowes should not be left comfortlesse, and that families should not be cut off from their inheritances in Canaan, (which were figures of a better and hea∣venly heritage, as is shewed on Gen. 12. 5.) but that the name of the dead might be raised up upon their inheritances, Ruth 4. 5, 10. And as Christ himselfe came according to the flesh, after this man∣ner of kindnesse shewed by Booz his grandfather; so unto him, and his Church, may the truth of this shadow and legall ordinance be applied. For the Church of Israel was his wife, Hos. 2. who bare him no children by the Law, Rom. 7. and 10. and 11. But the Apostles (his brethren, Iohn 20. 17.) by the immortall seed of the Gospell, begat chil∣dren unto him, both of the Iewes and Gentiles, 1 Cor. 4. 15. Gel. 4. 19. 1 Pet. 1. 23. not that they should be called by any mans name, 1 Cor. 1. 12, 13. but to carry the name of Christ, whose name shall be forever, and continued as long as the Sun; in whom all nations shall blesse themselves: and blessed be the name of his glory for ever, Psal. 72. 17, 19.

Vers. 7. like not] or be not willing, have no de∣light [unspec 7] or pleasure: so in vers. 8. Though God would have brethren performe the soresaid dutie, yet if their affections were contrary, hee forced them not hereunto, lest worse evils should grow in families, through want of love, which is the bond of perfectnesse. But what if the woman her selfe were not willing? For this God giveth no expresse Law; but by the Hebrewes opinion, if she were fit to marry him, and would not, she was judged as a woman rebellious against her husband, and was put away without a dowry, which all other widowes had. If her husbands brethren were many, and the eldest required her, and she were not willing thereto, but would have another brother, they hear∣kened not unto her, for the commandement is, that the eldest should have his brothers wife. Maimony in Iibbum, chap. 2. sect. 10, 11. to the gate] where the Iudges used to sit: so the Chaldee ex∣plaineth it, to the gate of the Iudgement hall (or Court,) before the Elders: See Ruth 4. 1, 2, &c.

Vers. 8. and speake unto him] The brothers wife [unspec 8] goeth after her husbands brother, in the place where he is, and commeth to the Iudges: and they call him, and give him counsell, such as is meet for him and her. If it be good to marry, they counsell him to mar∣rie her: and if it be good to put off the shooe, as if she be very young, and he an old man, or she an old wo∣man, and he a young man, they counsell him to put off (the shooe.) And it is needfull that the Iudges ap∣point a certaine place to sit in, and afterward she pul∣leth off his shoe there before them; &c. Maimony in Iibbum, ch. 4. sect. 1, 2.

Vers. 9. pull off his shooe] It is said in Ruth 4. 7. [unspec 9] that this was the manner in former time in Israel, concerning redeeming, and concerning changing, for to confirme all things; a man pulled off his shooe, and gave it to his neighbour, and this was a testimony in Israel. So in this case it was a signe, that the bro∣ther gave over his right in the woman, and resig∣ned her to any other. Sometime it is a signe of ig∣nominie, Esay 20. 2, 4. that also is implied here, as the words following manifest. The manner of performing this rite is said to be thus; They brought him a shooe of lether, which had an heele, &c. and hee put it on his right foot, and tied the latchet thereof upon his foot, and stood hee and she in the Sy∣nedrion (or Court.) And he setting his foot upon the ground, and she sitting downe stretched out her hand in the Court, and loosed the latchet of his shooe, and pulled the shooe off his foot, and cast it on the ground. After this she stood up, and spitted on the ground before his face, with spittle that might be seen of the Iudges; and it was necessary that the Iudges should see the spittle that came out of her mouth. And afterwards she said, THVS SHALL IT BE DONE TO THE MAN WHICH WILL NOT BVILD VP HIS BRO∣THERS HOVSE; AND HIS NAME SHALL BE CALLED IN ISRAEL, THE HOVSE OF HIM THAT HATH HIS SHOOE PVLLED OFF; all in the holy tongue. And all that sate there, answered after her, HE THAT HATH HIS SHOOE PVLLED OFF, three times. Maimony in Iibbum, chap. 4. sect. 6, 7, 8. Spiritually this sig∣nified, that such as would not beget children unto Christ, it should be declared of them, that their feet are not shod with the preparation (or stability) of the Gospell of peace, mentioned in Ephes. 6. 15. spit in his face] or in his sight, as this phrase is interpreted, Deut. 4. 37. or before him, as Deut. 11. 25. The Hebrews expound it of spitting on the ground before him, as is before noted. And this spitting was a signe of shame and ignominie, as Num. 12. 14. Esay 50. 6. build up his brothers house] that is, beget seed for his brother: as Rachel and Leah are said to build the house of Israel, by bearing children, Ruth 4. 11. See the Annotati∣ons on Gen. 16. 2. the house of him] So there was a note of infamy not upon himselfe onely, but his house, his posterity after him: whereby God shewed how much hee misliked this his unkind∣nesse. And concerning that neerest kinsman, which refused to marry Ruth, left he should marre his owne inheritance, Ruth 4. 6. wee may observe how neither he nor his hath any name or memo∣riall in the booke of God, though there seemed to be just occasion to have named him, Ruth 4. 1. &c. whereas Boaz who did the dutie, hath not onely his genealogie rehearsed, Ruth 4. 18,—22. but is in the roll of the kinred of our Lord Iesus Christ, who came of him according to the flesh, Matth. 1. 1,—5. After all these rites were performed, the He∣brewes doe record, that the Iudges gave unto the woman a Bill subscribed with their names, where∣in they testified to all men, that such a man and

such a woman had on such a day and yeere appea∣red before them, and done all the things fore-men∣tioned, according to the Law of Moses and Israel: which bill was a testimoniall of her full discharge from this man, after which she was free to be mar∣ried to any other. Maimony in libbum, ch. 4. sect. 29, 30.

Vers. 11. When men strive] or fight, as it were flying one upon another. and his brother] that [unspec 11] is, his neighbour; brother is taken here in a large sense, as in Exod. 2. 11. and in many other places. to deliver her husband] This though it was lawfull for her to doe, and a fruit of her love; yet God forbiddeth it to be done by any unlawfull or immodest manner: for wee may not doe evill that good may come, Rom. 3. 8. putteth forth her hand] This noteth a purposed act: for if she had done this unawares, the penalty following was not to be inflicted upon her. So the Hebrews conclude in the generall for all men, He that bringeth shame (on his neighbour) is not guilty (of punishment) for the shame, unlesse he doe it purposely, as it is writ∣ten, AND SHE PVTTETH FORTH HER HAND: but hee that doth shame to his neighbour without intent, is free. Maimony tom. 4. in Chobel (or treat. of him that doth hurt and dammage) chap. 1. sect. 10. by his secrets] or privities; which in the Hebrew have their name of Shame, the shamefull parts. From hence the Iewes have a generall law, that men are to make sa∣tisfaction for all manner shame that they bring upon their neighbour, as is noted on Exod. 21. 19. Their saying is, He that hurteth his neighbour, is bound to make him satisfaction for five things, viz. the dammage, and the paine, and his healing, and his resting, and the shame; and these five things are re∣compensed out of the best of his goods, &c. Hee is bound to pay for the shame by it selfe, Deut. 25. 11, 12. under which law is generally comprehended hee that bringeth shame (upon his neighbour.) Maimo∣ny in Chobel, ch. 1. sect. 1. 8.

Vers. 12. cut off her hand] the instrument where∣with she sinned: by it teaching to cut off and ab∣staine [unspec 12] from such actions. And this severe pu∣nishment God appointeth for her immodest car∣riage.

Vers. 13. a stone and a stone] that is, as the Greek and Chaldee translate, a weight and a weight; mea∣ning [unspec 13] divers weights, wherewith to deceive in buy∣ing and selling, called the bag of deceitfull weights, Mich. 6. 11. In Israel they used to have their weights of stone, or the like: see the Annotations on Lev. 19. 36. So an heart and an heart, meaneth a double deceitfull heart, 1 Chron. 12. 33. This Law forbiddeth not onely all unrighteousnesse in buying, selling, and exchanging; but all unjustice in judgement, Matth. 7. 1, 2. as God blaming the Iudges, saith, You weigh the violent wrong of your hands in the earth, Psal. 58. 3. The like evill is to be avoided in handling the word of God, that it be not deceitfully, 2 Cor. 4. 2. So for measuring the ordinances of God in his Church, by the Reed and Line which he hath given therefore, Ezek. 40. 3, 5. & 43. 10. Re. 11. 1. called a golden Reed, Re. 21. 15.

Vers. 14. in thine house] Though a man doe [unspec 14] not weight or measure with such, yet it is unlawfull to have a light weight, or scant measure in his house or shop, (as the Hebrewes teach from this place,) for another may come, who knoweth not that it lac∣keth weight, and may weight with it. Maimony treat. of Theft, chap. 7. sect. 3. Ephah] or Bushell: in Greeke and Chaldee, a measure and a measure, that is, a double measure. The Ephah is named in stead of all other: what it was, see on Lev. 19. 36. and Exod. 16. 36. So in Prov. 20. 10. A stone and a stone, an Ephah and an Ephah, are an abomi∣nation to Iehovah, even both of them. See also Prov. 11. 1. and 20. 23.

Vers. 15. A perfect stone] in Greeke, A true [unspec 15] weight: so after, a true measure. Hence Solomon saith, A perfect stone is the Lords. delight, Prov. 11. 1. and a just] Hebr. and (a stone of) justice: so an Ephah of justice, that is, most just and exact: contrary to them that made the Ephah small, and the shekel great, Amos 8. 5. So in Ezek. 45. 10. it is said, Balances of justice, and an Ephah of justice, and a Bath of justice, shall ye have. God here com∣mandeth justice and equity in all things, corpo∣rall and spirituall, as our Saviour teacheth us say∣ing, Iudge not, and ye shall not be judged: condemne not, and ye shall not be condemned: forgive, and ye shall be forgiven: Give, and it shall be given unto you, good measure, pressed downe, and shaken together, and running over, &c. Luke 6. 37, 38. And Iob ap∣plying this to his state of life, saith, Let him weigh me in balances of justice, that God may know mine integrity, Iob 31. 6. And every man is willed to ponder (or weigh) the path of his feet, Prov. 4. 26. that is, (as the Apostle expoundeth it) to make strait paths for his feet, Heb. 12. 13. may be lengthned] or, prolonged; or, that they may lengthen thy daies; of which phrase see Exod. 20. 12. As a just weight and balance are the Lords, Prov. 16. 11. and his delight, Prov. 11. 1. so hee rewardeth with blessing and long life, the keeping of this law, than which there is none more necessarie in hu∣mane society.

Vers. 16. an abomination] that is, most abomina∣ble; [unspec 16] yea, not onely the person that doth these, but even the weights and measures themselves are said to be an abomination, Prov. 11. 1. and 20. 23. and the rather for that this injury is done under a shew of justice, and done especially to the poorer sort, which buy by retale, whose wrong God especially regardeth. unrighteousnesse] or inju∣rious evill: which generall word is here added, to imply all other wrongs and deceits, which abound among men, whereby they oppresse and defraud one another: but the Lord is the avenger of all such, 1 Thess. 4. 6. and he hath sworne by the excellency of Iakob, Surely I will never forget any of their workes, Amos 8. 5, 7.

Vers. 17. Remember] Hebr. To remember, of [unspec 17] which phrase see the notes on Exod. 13. 3. A∣malek] that is, the Amalekites, which were the chil∣dren of Esau, Iakobs brother: of whose wicked∣nesse see Exod. 17. 8. &c.

Vers. 18. he met thee] by way of enmitie, not [unspec 18]

of amity; therefore the Greeke translateth, hee re∣sisted thee; when it had beene his dutie to have met them with bread and water, for their refresh∣ing, Deut. 23. 4. In 1 Sam. 15. 2. it is said, hee layd (wait) for Israel in the way. smote the hindmost] Hebr. out off the taile; a stratageme of warre, lawfull against Gods enemies, as Ios. 10. 19: but wicked against his people. The Greeke translateth, Cut off thy hindmost troope: in Chaldee, he killed. feeblè] in Greeke, wearied, in Chal∣dee, lingring: which fact was cruelty in Amalek; for the faint and feeble ought to be comforted and refreshed, Matth. 11. 28. 1 Thess. 5. 14. and such were gathered in therereward, as Israel marched, Numb. 10. 25. Though this might be a just cor∣rection from God, of such as fainted in their tra∣vels, wherein they should have beene incouraged. See the notes on Exod. 17. 8. feared not God] the Chaldee saith, hee feared not the glory of the Lord: for his glory conducted them in a pillar of cloud and fire, Exod. 13. 21. and God by signes and wonders, great plagues and terriblenesse, had brought Israel out of Egypt, which made all peo∣ples afraid, Exod. 15. 14. &c. yet Amalek feared not. As by the feare of the Lord, men depart from evill Prov. 16. 6. so the want of his feare is the cause why men rush into all evill, Psalme 36. 1, 2, &c.

Vers. 19. given rest unto thee from all] under which is implied, a subduing of all the enemies; for [unspec 19] so these phrases doe explaine one another, 2 Sam. 7, 11. with 1 Chron. 17. 10. And here God de∣ferreth vengeance till after many yeeres: so shew∣ing for bearance towards the wicked, which should leade them to repentance, Rom. 2. 4. and compas∣sion towards his people, whom he would not ex∣ercise with all warres at once, lest they should be discomfited. See Exod. 13. 17. blot out] or, ••ipe out the remembrance, that there should no name or memoriall of them remaine: a signe of great, wrath, as Deut. 9. 14. and 29. 20. This judgement God executed by Saul the first King of Israel, whom he sent to destroy utterly these A∣malekites, both man and woman, infant and suck∣ling; 〈…〉〈…〉xe and sheepe, camell and asse, 1 Sam. 15. 2, 〈◊〉〈◊〉 But he failed in the performance of it: there∣fore God stirred up the Simconites (in King Eze∣ki〈…〉〈…〉 daies) and they smote the rest of the Amalekites, that were escaped, 1 Chron. 4. 42. 43. yet Haman of Agag the Amalekite remained, who plotted the death of all the Iewes: but he and his ten sons were killed; and Amaleks memory is perished, Hest. 3. &c. And under this, the like judgement on Antichrist was figured: see the Annotations on Exod. 17. shal•• not forget] that is, Take heed thou forget it not: by forgetting he impli∣eth also neglect of performing this judgement. Therefore Saul who performed it not thorowly, but spared the King, and the best of the cattell, (though for sacrifice unto the Lord) was rejected of God, as having sinned greatly, 1 Sam. 15. 9. 21. 23. and for it hee was slaine, 1 Chron. 10. 13. and an Amalekite, had an hand in his death, 2 Sam. 1, 8, 9, 10.