Hexapla in Genesin & Exodum: that is, a sixfold commentary upon the two first bookes of Moses, being Genesis and Exodus Wherein these translations are compared together: 1. The Chalde. 2. The Septuagint. 3. The vulgar Latine. 4. Pagnine. 5. Montanus. 6. Iunius. 7. Vatablus. 8. The great English Bible. 9. The Geneva edition. And 10. The Hebrew originall. Together with a sixfold vse of every chapter, shewing 1. The method or argument: 2. The divers readings: 3. The explanation of difficult questions and doubtfull places: 4. The places of doctrine: 5. Places of confutation: 6. Morall observations. In which worke, about three thousand theologicall questions are discussed: above forty authors old and new abridged: and together comprised whatsoever worthy of note, either Mercerus out of the Rabbines, Pererius out of the fathers, or Marloran out of the new writers, have in their learned commentaries collected. By Andrew Willet, minister of the gospell of Iesus Christ.

QUEST. LVII. Whether this law extendeth it selfe to infants which miscarie, being not yet perfectly formed.

NOw it being agreed that this law as well comprehendeth the infant that perisheth, as the woman that beareth it: yet there remaineth a question, whether if the childe in the wombe bee yet imperfect, and so not endued with sense and life, that in this case, though the woman die not, but onely lose her birth, he that did the hurt is to suffer death. 1. Some hold the affirmative, that if any child whatsoever by this meanes miscarrie, the offender is subject to this law: 〈…〉〈…〉 prop••••qua est effectui▪ The i••fant being now formed is so neere unto the effect, th•••• is, the life, that who causeth the same to miscar∣rie, may be said to have killed a man, Gallas. And therefore by the Civill law, he that of purpose procured

the birth to miscarrie, if he were a meane person, was condemned to the metall mines; if a noble person, to banishment. Cicero also in his oration pro Cluenti••, reporteth of one Milesia a woman, who being hired of the heires in reversion, to destroy the infant that shee went with, had a capitall puishment there∣fore inflicted upon her: Ex Simlero. But these lawes were made against such as did of purpose seeke to destroy infants in the wombe, and cause abortion of them: here the cause is divers where the fruit of the wombe miscarrieth by some chance. 2. Therefore this penaltie was onely by the law inflicted, when as the infant perished, that was endued with life. So Augustine thinketh, using this reason: Nondum potest dici anima viva in eo corpore, quod sensu caret, &c. The living soule cannot be said to be yet in that bodie which wanteth sense: qu. 80. in Exod. And thus the Septuagint interpret: If the infant came forth, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, not yet formed, &c. which forming of the infant beginneth fortie dayes after the con∣ception, as Procopius. Cajetane giveth this reason, why in such a case, when the birth commeth forth im∣perfect, the sentence of death is not inflicted: quia homo in potentia non est homo: because a man onely in possibilitie is not a man: & quia tunc non occiditur homo, non est homicidium: and because then a man is not killed, it is no manslaughter, Tostat. And the word jeladim, sons, signifieth as much, that the law meaneth formed and perfect infants: Simler. And it is put in the plurall, because a woman may have more infants than one in her wombe at once: for otherwise why should one give life for life, or soule for soule, seeing such imperfect births are not yet endued with life & soule? As Augustine saith: In Adam exemplum datum est, &c. An evident example is given in Adam, quia jam formatum corpus accipit animam: that the bodie when it is now fashioned receiveth the soule, and not before: For after Adams bodie was made, the Lord breathed into him the breath of life. So August. lib. quaest. vet. & nov. Testam. qu. 23. as he is al∣leaged, Caus. 32. qu. 2. cap. 9.