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CHAPTER XXXII. The difference betwixt the brother naturall, and the kinsman in raising up seed to the eldest brother, and what was done to them if they refused.
LEVIT. 25. 9. Then shall his brothers wife come un∣to him, &c.
THere was a twofold pulling off of the shoe in Is∣rael,* 1.1 the first was for a religious use, the second for a civill use. First the religious use we see in Exod 3. 5. and in Iosh. 5. 13. The second use was a po∣liticke use, and this politicke or civill use was two fold;* 1.2 the first served for the solemnity of their contracts, & it was called firmatoria discalceatio; the second was for a punishment and disgrace Deut. 25. 9. And it differed from that which was used in confirmation in sundry points.
First, when their shoe was taken off for a punishment [Differ. 1] or disgrace, the woman herselfe pulled off the shoe of him who refused to raise seed to his brother; but in the contract of confirmation the man himselfe loosed his owne shoe and pulled it off.
Secondly, that pulling off the shoe was for the disgrace of the man; but this which was used in con∣tracts [ 2] was to secure the man in his right: it ••ended to no disgrace to him; or if he sold the land, it was onely a signe that he was willing to quit his right; and if he bought the land it was a signe to him of his possession.
Thirdly, that pulling off of the shoe was by com∣maund [ 3]