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 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, 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; 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]

but this pulling off the shoe was by custome. Ruth 4. 7. This was the manner in former times in Israel.

Fourthly, this shoe was pulled off from the naturall [ 4] brother, if he refused to raise up seed; but that shoe for confirmation was pulled off by any who made a con∣tract, in token of possession: And the Lord alludeth to this forme Psal. 60. 8. Over Edom I will cast my shoe, that is, I will take possession of it: this was called [Hhali∣zah] detractio.

Fiftly, when the shoe was pulled off for disgrace, it [ 5] was given to no bodie, but the shoe which was pulled off in bargaining was given to him who bought the land.

Sixtly, In the former pulling off of the shoe, there [ 6] was no request made that the shoe should be pulled off, but it was pulled off against his will; but in the latter, they desired him to pull off his shoe, and he did it wil∣lingly.

Seventhly, In the former the shoe was pulled off [ 7] against his will in the presence of the Iudges; but in this bargaine the shoe might be pulled off before any suffici∣ent witnesse.

Eightly, The former was onely pulled off when [ 8] the brother refused to raise up seed to his brother; but in the latter the shoe was pulled off in any contract of a∣lienation.

Ninthly, When they pulled off the shoe in disgrace, [ 9] they spit in his face, which the Seventie translate 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and Iosephus 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 to smite him in the face: but in this latter there was no such disgrace offered to the man.

Tenthly, In the former when the shoe was pulled off, [ 10] the woman said, so shall it be done to the man who refuseth to build his brothers house, Deut. 25. 9. but in the latter there were no such words spoken.

Lastly, he that refuseth to raise up seed to his brother [ 11]

his house was called domus discalceati in Israel; but there followed no such disgrace to the man who pulled off his shoe in the contract.

They make another difference to be this, that he who was the naturall brother, when he raised up seed to his brother, the children were not called his children, but his brothers children, and the shoe was pulled off his foot, because he refused to doe that honour to his bro∣ther; but when a cousin-german raised up seed to his kinsman, the children were not called after his kinsman that was dead, but as the father pleased to call them. Boaz called not his sonne Machlon, after the first hus∣band of Ruth, but Obed.

But the question is, whether they were bound to [Quest.] giue them the same names or not? For Deut. 25. 6. the words in the originall are these; Primogenitus quem pe∣pererit stabit super nomen fratris sui, shall succeed in the name of his brother: therefore it may seeme they were called after the elder brothers name.

To succeed in the name is to succeed in the place, and [Answ.] not to be called after his name: and Ionathan paraphra∣seth it, exurget in haereditate nomine fratris, to continue his name, but not to be called after his name.

There were two sorts of brothers amongst the Iewes, naturall brethren and legall brethren; the naturall bro∣ther was bound to raise up seede to his eldest brother; the elder first, and if he died, then the second, and then the third, &c. Mat. 22. And if they did not, then they were punished and disgraced; but those who were le∣gall brethren, or cousin-germanes, as N. was to Mach∣lon, they were not compelled to marry them, but if they did not, there was some disgrace put upon them, but not that great disgrace which was put upon the na∣turall brother. If a cousin-germane, or a legall brother had married his cousines wife, the children which he

begot upon her, were not called his children, but his cousines children; even as the children which the natu∣rall brother begat, were not his children but his elder brothers, and therefore N. saith, Ruth 4. 6. I cannot re∣deeme it, lest I marre my owne inheritance; that is, these children begotten upon Ruth should not be called my children, but my kinsmans, and so all that I inherite should goe to them.

The conclusion of this is; the Holy Ghost here mar∣keth [Conclusion.] the cousin-germane with a note, not naming him by his name, but passing him by; but they who were naturall brethen, if they refused, they were noted with a greater marke of infamie: so the moe obligations that Pastors haue, if they refuse to doe their dutie to Iesus Christ, the greater shall be their shame.

Notes

• A two-fold use of the pulling off the shoe.
• Discalceatio.

  • ... firmat••ria
  • ... Ded••••oris.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Detractio.
• The difference betwixt the naturall brother and the kinsman.