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.

About this Item

Title
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.
Author
Weemes, John, 1579?-1636.
Publication
London :: Printed by Iohn Dawson for Iohn Bellamie, and are to be sold at his shoppe at the signe of the three Golden Lyons in Cornehill, neere the Royall Exchange,
1632.
Rights/Permissions

To the extent possible under law, the Text Creation Partnership has waived all copyright and related or neighboring rights to this keyboarded and encoded edition of the work described above, according to the terms of the CC0 1.0 Public Domain Dedication (http://creativecommons.org/publicdomain/zero/1.0/). This waiver does not extend to any page images or other supplementary files associated with this work, which may be protected by copyright or other license restrictions. Please go to http://www.textcreationpartnership.org/ for more information.

Subject terms
Jewish law -- Early works to 1800.
Cite this Item
"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." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/B16297.0001.001. University of Michigan Library Digital Collections. Accessed May 21, 2024.

Pages

CHAPTER XXI. Of one who killed in suddaine passion.

2 SAM. 14. And thy hand maid had two sonnes, and they two stroue together in the field, and there was none to part them, but the one smote the other and slew him.

THere is a difference betwixt those things which wee doe in suddaine passion, and those things which are done deliberately: those things which

Page 78

children, mad men, and beasts doe, they are not said to be done deliberately, they come not from the will, which is principium agendi; possunt laedere, sed non injuriâ afficere.

Againe, there is a difference betwixt violentum, co∣actum, non spontaneum, & voluntarium. Violentum is that, which by outward force a man is constrained to doe, and here the will giveth no consent at all: as when they drew the Martyrs before their Idols, and put incense in their hands. Coactum is that, when there is some exter∣nall violence used to enforce and compell a man to doe such a thing, against which he standeth out and resisteth for a time, but yet in the end he yeeldeth for feare: as Origen did to Idolatrie. But non spontaneum is this, when it is partly with the will, and partly against the will; Christ sayd unto Peter, Ioh. 21. 18. they shall carry thee whither thou wouldest not, meaning what death he should dye; It was partly with Peters will, and partly against his will, that he went to martyrdome. Voluntarium, is that when the will giveth full consent to doe a thing.

When a man killeth his neighbour in suddaine pas∣sion he is not violently drawne to this sinne; neither is he compelled to this sinne; prima principia concupiscible et irascibile, sunt interna homini, and cannot be compel∣led: and in this sense he who killeth in suddaine passi∣on, is sayd to doe it willingly; but if we will respect the will as it is obnubilated with the perturbation of an∣ger for the time, he did it not willingly, but non spontè, which is a midst betwixt spontè and invitè. Peter sayd to Christ, Lord I will lay downe my life for thy sake, Iohn 13. 3. no doubt hee had an intention to dye with him when he spake these words; but they shall carrie thee whither thou wouldest not, here he was not willing to dye; so that he was partly willing, and partly not willing, hee was not altogether willing, nor it was not altoge∣ther

Page 79

against his will, but it was partly with his will, and partly against his will.

We doe a thing Spontè, we doe a thing invitè, and we doe a thing non invitè. We doe a thing Spontè, when we are altogether willing to it; we doe a thing invitè, when it is partly with our will, and partly against our will; we doe a thing non invitè, quando procedit ex ignorantia comitante; as when Mutius Scaevola killed another in [Simile.] stead of Porcenna, and when it was told him that he had missed the King, and killed another, he was sory that he had not killed the King; this action was neither done Spontè, nor invitè, but non invitè; but when a man kil∣leth in suddaine passion, and after that his passions and perturbations are setled, he is sory that he hath done such a thing, and is grieved that primus impetus non est in sua potestate, then he doth it invitè.

There is a twofold concupiscence, an antecedent concupiscence, and a consequent concupiscence; the antecedent concupiscence is that, when the passion preventeth the will, and moveth it; but the consequent concupiscence is that, when the will willingly work∣eth, and stirreth up the passion, that it may execute the sinne more readily; when passion preventeth the will, then it extenuateth the sinne, but when the will stirreth up the passion, then it augmenteth the sinne.

Againe, we must make a difference betwixt these two, to doe a thing ex ira, and to doe a thing iratus; when a man doth a thing ex irâ, anger is onely the cause of it, and it repenteth him of it afterward that he hath done it; but when he doth a thing iratus, it doth not proceed principally from his anger, but from some o∣ther bad disposition, and hardly such a man repenteth him of his fact.

Lastly, there is a difference betwixt eligere and prae∣eligere; eligere is to follow sense and appetite, but prae∣eligere

Page 80

is to follow reason: When a man killeth in sud∣daine passion, it is electio non praeelectio: This sinne of anger commeth commonly of the complexion of the body, nam ex iracundis nascuntur irati; the Philosopher saith, a certaine man being challenged for beating of his father, gaue this answere; My father beat his father, and pointing to his sonne with his finger, he said, this my sonne will beat me also; these hereditary evils are hardly cured.

The woman of Tekoah when one of her sonnes killed the other, she begged of the King to remember the law of the Lord, that her other sonne might be saved in the Citie of Refuge, which the King granted unto her wil∣lingly, 2 Sam. 14. because he killed him in suddaine passion.

Notes

Do you have questions about this content? Need to report a problem? Please contact us.