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 XX. That a Iudge may giue out sentence by the in∣formation of the false witnesses, and yet be free.

2 SAM. 1. 16. And David said unto him, thy bloud be upon thy head; for thy mouth hath testified against thee.

IN Iudgement the principall part dependeth upon* 1.1 the witnesses, and if they testifie an untruth, they make a wrong sentence to proceed out of the mouth of a just Iudge: David here giueth out sentence against the Amalekit•• it was a just sentence in respect of the Iudge, because he condemned him out of his owne mouth, but a wrong sentence in respect of the Amale∣kite, because he did not kill Saul, but bragged onely that he had killed him, for the Text saith, that Saul killed himselfe, 1 Sam. 31. 5.

When the Grecians besieged Troy, Palamedes was kil∣led there amongst the rest; and when the Greekes had [Simile.] raised their siege from Troy, and taken Ship to returne to Greece; Nauplius the father of Palamedes (to be reven∣ged upon the Greekes) tooke a Boate in a darke night, and went into the Sea, and set up a Beaken upon a rock, which when the Greekes did see, they tooke it to be the Harbour, and directed their Course towards it, and so they runne the most of their Shippes upon the rockes, and were cast away. We cannot say here, that the fault was in the Pilots, because the Shippes were cast away; but the fault was in false Nauplius, who held up a wrong light unto them. So when a good Iudge giveth out a

wrong sentence, the fault is not in the Iudge, but in the false witnesses, who hold up a false light unto him, and therefore the Iudge should labour to punish these false witnesses, and to restore the partie who is wron∣ged to his right; and as Telephus was healed by the speare that hurt him, so should they studie to cure the person whom they haue wounded by their sentence.

If a Iudge call two or three witnesses, that is the first* 1.2 thing required of him in tryall of the truth, nam testimo∣nio unius non proceditur, and one witnes doth not proue. There are three witnesses in heaven to certifie us of the truth, the Father, the Word, and the holy Ghost. And there are three that beare witnesse to us in the earth of the re∣mission of sinnes, the Spirit, the water, and bloud, 1 Ioh. 5. 7. 8. So in Indicatories of the Church three witnesses are required, 2 Cor. 13. 1. This is the third time that I am comming to you, in the mouth of two or three witnesses shall every word be established. So in the tryall of civill cau∣ses, every thing was established by the mouth of two or three witnesses. Deut. 21. 15.

Secondly, The Iudge must call faithfull witnesses;* 1.3 they are called faithfull witnesses when they are repu∣ted so in the common estimation of men; Esay 8. 2. And I tooke unto me faithfull witnesses, Vriah the Priest and Zechariah the sonne of Ierebechiah, Vriah was not a faith∣full man, yet because he was so reputed amongst the people; therefore he is called a faithfull witnesse.

Thirdly, Hee must call witnesses who haue both* 1.4 heard and seene, 1 Ioh. 1. 1. That which we haue heard, that which we haue seene with our eyes, which we haue loo∣ked upon &c.

Fourthly, They must be contestes, and their testimo∣nies must be 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, agreeing in one, Mark. 14. 56. Now if the Iudge proceed this way, and the sentence be false, it is not his fault, for by the mouth of two or

three witnesses every word shall be established, that is shall be holden for truth.

When a Iudge demaundeth of the witnesses, hee as∣keth them not 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, what murther is. Secondly, he asketh not of them, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, the effects and consequents of murther which follow it, as the guilt and punishment. Thirdly, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, he asketh them whether it were casual∣ly or maliciously done. And fourthly, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, if they saw him kill such a man; this is the speciall thing that they require, and if the Iudge giue out sentence this wayes according to things proved, then the blame lieth not upon him if there bee a wrong sentence pro∣nounced.

It may be said, when a man taketh a thing to bee a [Object.] truth, although it be an untruth, he speaketh an un∣truth: why doth not a Iudge then pronounce a sentence which is not true, although he take it to be a truth?

There is a greater vniformitie required betwixt the [Answ.] mind and the tongue, then betwixt the sentence of the Iudge, and the testimonie of the witnesses; for there is nothing required in the Iudge, but that he proceed se∣cundùm allegata et probata, according to things alledged and proved.

Notes

• * 1.1

  The chiefe part in judg∣ment dependeth upon the witnesses.
• * 1.2

  A Iudge must not pro∣ceed without witnesse.
• * 1.3

  A Iudge is to make choise of faithfull wit∣nesses.
• * 1.4

  They must be eye-wit∣nesses.