An explication of the iudiciall lawes of Moses. Plainely discovering divers of their ancient rites and customes. As in their governours, government, synedrion, punishments, civill accompts, contracts, marriages, warres, and burialls. Also their oeconomicks, (vizt.) their dwellings, feasting, clothing, and husbandrie. Together with two treatises, the one shewing the different estate of the godly and wicked in this life, and in the life to come. The other, declaring how the wicked may be inlightned by the preaching of the gospel, and yet become worse after they be illuminated. All which are cleered out of the originall languages, and doe serue as a speciall helpe for the true understanding of divers difficult texts of scriptures. ... / By Iohn Weemse, of Lathocker in Scotland, preacher of Gods word.

CHAPTER XVIII. An partus sequitur ventrem?

GEN. 21. 10. Cast out the handmaid and her sonne: for the sonne of the bond-woman shall not be heire with my sonne Isaac.

GOD who is the God of order, and not of confu∣sion, hath debarred the children from sundry priviledges for their fathers sinnes.

First, if both the Parents were Heathen, the Lord se∣cluded the children from the Covenant, and they were not circumcised, untill they became Proselytes, & they were not circumcised nomine Parentum, in the name of

their fathers, but when they imbraced the faith & were converted.

Secondly, If both the Parents were Iewes, and did not beget their children in wedlocke, then the children were secluded from the inheritance, Iudg. 11. 2. Thou shalt not inherite with us, because thou art the sonne of a strange woman.

Thirdly, If an Israelite had married a bond-woman, then the children were secluded from the inheritance, although their fathers were free; those who were borne of Handmaids were alwayes reputed servants; and God applyed this to Christ himselfe as he was man, Esay 49. 5. I haue called my servant from the wombe; so Esay 42. 1. Behold my servant whom I uphold, my Elect in whom my soule is well pleased. Marie called her selfe the Lords handmaide. Luk. 1. 28. therefore Christ as man borne of Marie the hand-maide, was a servant.

But yee will say, that things take their denomination [Object.] from the best part; as Water and Wine mixed together, is called Wine; so Chaffe & Wheat mingled together, yet it is called Wheat; Why then should not the childe be reckoned to be free, after his father, and not recko∣ned bond, after his mother, who is a bond-woman?

In Physicall mixtures it is so, but it is not so in mar∣riage; [Answ.] this is rather like that which is spoken in the Schooles, Conclusio sequitur deteriorem partem, if any of the premisses be particular, so is the conclusion.

The Doctors of the Iewes propound this case, if a Heathenish captiue woman were taken in the Warres, she is converted and becommeth a Proselyte; whether should her childe be judged to be a free man or not in Israel? And they answere, that this childe borne of this stranger, is not to be counted a free man, Verum Senatus suo decreto Lustrari eum tantum curat, they cause onely to wash him, but they will not circumcise him, untill he

be able to make confession of his faith, and become a Proselyte; and here they say, Partus sequitur ventrem, if the mother had beene a free woman, either before, or after the birth amongst the Romans, the childe was reputed to be free; but not so amongst the people of the Iewes. Wherefore the Iudges in Israell willed all true Israelites, not to match themselues unequally in de∣grees, for the disgrace which it brought upon their children, making them uncapable of freedome, and un∣fit to be heires.

The conclusion of this is: [Conclusion.] Here we may see the ex∣cellency of the Covenant of grace aboue the Iudiciall Law; for if any of the Parents be faithfull, then the childe is holy, 1 Cor. 7. 14. that is, he may be admitted to the Covenant.

Notes

• The children of Hea∣then Parents were not admitted to the Cove∣nant, untill they be∣came Proselytes.
• Christ as man was a servant.
• In Physicall mixtures, things take their deno¦mination from the bet¦ter part.
• H. Melahh. 8. 9.
• Difference betwixt the Iudiciall Law and the Covenant of grace.