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 XXXVI. Of their Whipping.

DEVT. 35. 3. Fortie stripes may be given him, and not exceede.

THere were sundry sorts of punishments amongst the Iewes; first, damnum, secondly, vincula, thirdly, verbera, fourthly, talio, fiftly, ignominia, sixtly, servitus, seventhly, mors. But they never used to banish any, because they would not put them where there was a strange Religion professed.

When they whipt their malefactors; first they had a respect to the offence committed; and secondly, to the person who was to be whipt; and thirdly, to the whip.

First, they had a respect to the offence; in simplici de∣licto, they might not exceede fortie stripes, but they might diminish the number of the stripes, if the person offending had beene of a weake body; Secondly, for a double offence they might not exceed fortie, but they were to giue him the full fortie all at once; if a man had committed theft, and with all had added perjurie, this was a double offence, and for this he got the rigour, full fortie.

If he had a strong body, and committed a double of∣fence▪ then he got the full fortie all at one time; second∣ly, if he had a strong body and committed a simple of∣fence, then he got not the full number; thirdly, if he had had a weake body & committed a double offence, then he got the full number, but at two severall times; but if he had beene of a weake body, and committed a simple offēce, then the number of the stripes was much diminished.

Againe, they considered how many stripes the offen∣der might beare, and the number of the stripes which the whip gaue: Example, the offender is able to beare twentie stripes, and they adjudge him to haue twentie stripes; now they giue him but sixe blowes, for if they had given him seven blowes, they should haue excee∣ded the number prescribed, for the whip wherewith they whipped them had three thongs, and if they per∣ceived that he grew faint and weake, when they were beating him, they diminished some of the number; if they ordained that he should haue twelue stripes, and observed in the meane time that he fainted not, yet they exceeded not that number twelue, which they had or∣dained to giue him at the first.

When they whipped Paul, 2 Cor. 11. 24. and gaue him thirtie-nine stripes at three severall times; first, it seemes that he hath beene of a strong body; secondly, it was for three severall offences (as they thought) that they beat him; for if the offender had thrice committed the selfe same fault, then he was no more beaten, but he was shut up within a narrow wall, wherein he might neither sit nor stand, and there he was fed Pane afflictio∣nis & aquâ pressurae; example, if he had eaten the fat twice, Levit. 3. 17. he was but beaten twice; but if he had eaten the third time of it, then he was shut up in a close prison, or such a prison in which Ahab comman∣ded Micheas to be put, 1 King. 22. 27.

The offender was bowed downe when he was bea∣ten, Deut. 25. 2. he neither sat nor stood, and he who whipt him, stood upon a stone, and he let out or in the whip, by drawing up or downe the knot upon it; for when the knot was drawne up, then the thongs spread farther and gaue a shrewder blow; and when the knot was drawne downe, then the thongs were contracted, and they gaue the lesser blow; when he stood behinde

him, then he whipt him upon the breast and belly, and he gaue him three blowes at a time; and when he stood before him, he lashed him upon the shoulders, and gaue him sixe blowes, three upon every shoulder.

There stood three Iudges by when he was whipt, the first repeated these words of the Law to him, Deut. 28. 58. If thou obey not all these things, then the Lord shall multiply thy plagues: the second Iudge numbered the stripes; and the third Iudge said to the whipper, Lay on, shelishi omer lachozen hacce, Dicit ei qui portat fla∣gellum, percute.

He who was beaten, was not disgraced by this bea∣ting, for whipping amongst them was but as a civill mulct, or fyne, not a disgrace as it is amongst us, and therefore the Lord said, Deut. 25. 3. That thy brother should not seeme vile in thine eyes. When they whipt a∣ny of their brethren, they did it not in scorne or derisi∣on, but in compassion, they looked upon him, and re∣ceived him after the punishmēt, as their brother againe: and as he who looked upon Cato Vticensis seeing him drunke, turned away his eyes and seemed to take no no∣tice of it, being ashamed that such a graue man should be so overtaken; so did they behold their brethren with pitie, and were readie to cover their offence, and would not upbraid them afterwards for it.

The spirituall uses which wee are to make of these [Conclusion. 1] whippings, are first, as they fitted the whip to the per∣son, if he were weaker or stronger, so the Lord layeth no more upon us than we are able to beare.

Secondly, as the Iudge stood by and numbered the [Conclusion. 2] stripes; so the Lord our God numbereth all the afflicti∣ons which befalleth his children.

Thirdly, although they were beaten, yet they were [Conclusion. 3] not vile in the eyes of the Iudges, so when the Lord cor∣recteth us, he counteth not basely of us, but esteemes us as his children.

Fourthly, as they were reckoned still brethren when [Conclusion. 4] they were whipped; so should we account these who are afflicted, and the Lords hand upon them, to be still our brethren.

Notes

• Divers sorts of punish∣ments.
• They had a respect both to the person and to the offence in whipping.
• The offender was not whipt thrice for one fault.
• Three Iudges stood by when they were whipt.
• 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 Maymone Hal: Sanht: cap. 16.
• Whipping was not a disgrace amongst the Iewes.