by man] Murder or killing is to be punished with death, like for like, Exodus 21:12. Leviticus 24:17. Matthew 26:57. Which is to be understood of witting and wilfull murder, Numbers 35:31. for if one had killed another at unawares, there was a Citie of refuge for the slayer, to save him from the hand of the pursuer, vers. 11. otherwise, he that sheddeth mans bloud, by man shall his bloud be sped. Some read the words, whosoever sheddeth the bloud of man in man; and the Originall Text dam haadam baadam, will allow it, which may be rendred, the bloud of man in man, and so the sense may be, Whoso letteth that bloud out of man which is and should remaine in man, his bloud shall be shed. But the first letter Beth in the latter word signifieth variously according to the sense of the place, either in, or with, or for, or by, and that instrumentally, as in this place both the construction of the words, and the Hebrew accent Zakoph-Katon doe import; so that we may read the word, as our last Translation doth, by man, that is, ordinarily by the Magistrate to whom is committed the sword of justice for that purpose especially, Romans 13:4. and extraordinarily God in his justice useth the hand of one murderer to doe execution upon another, when humane justice (as either blind or lame, either wanting eyes to see it, or hands to punish it) doth passe it over with impunitie; or some way or other he shortens the life of the bloody man, so that he liveth not out halfe his dayes, Psalms 55:23. It is questioned by some whether murder or any other crime were punished otherwise then by oxcommunication, (or casting out of the society of men,) whether sacred or civil, before the floud; but especially whether death were inflicted on any offendor before Noah his returne to Land againe. The chiefe cause of the doubt is, the reprieve of the first murderer by God himselfe, though guilty of the greatest crueltie against man, and of the stoutest contumacie against God of any professing service to him (as he did by sacrifice) in the Scripture, on whom God set an especiall marke that man might not meddle with him, Chap. 4. 15. But his case of reservation was extraordinary, (as was his crime) too high and heinous to be rewarded with the sword of justice, somewhat worse then death, a wretched life (which for his greater punishment was prolonged) was a more meet recompence for such a transcendent malefactor; yet many times it might be otherwise. If it be said, we find neither any ordinance or example of the inflicting of capitall punishment on any offender before that of this Chapter: It may be answered, that many things might be in use before the flood, though not recorded in the fore-going Chapters; whereof see the second Annot. on vers. 1. of this Chapter: and though there were no such politicall power as was exercised after the floud, when Nimrod had raised himselfe to the height of Monarchy, whose ambition and tyranny hath beene followed ever since in many parts of the world, yet it seemes there was an oeconomicall or domesticall power of life and death in particular families by the story of Judah and Thamar, Genesis 38:24. The Anabaptists (who deny the legall and military use of the sword, yet sometimes use it against those who favour not their fancies; see Philip Lonicer. Theat. Hist. pag. 107, 108.) will have the Texts for punishing offenders to be taken not preceptively but prophetically, because they are phrased in the future tense, and so they shall imply not a command, but a bare commination; whereas, if so, being generall they would containe an untruth, for many bloudy malefactors often doe escape the sword they have deserved: besides, it is usuall in the Hebrew to put the Future tense for the Imperative mood, as Exodus 20:13. and elsewhere: and this and such like Texts doe not onely justifie the use of the Magistrates sword as lawfull, but require it as a dutie; and in such a case mercy to a bloudy man may become cruelty to many innocent persons; as where pardons for murders are easily granted, there murders are exceedingly multiplied; as in France in tenne yeares space no fewer then sixe thousand Gent: have beene slaughtered, and the bloud-guilty sheltered from suffering justice by the Kings indulgence, as apeareth by the Court Roll of the Kings pardons: against which mercifull crueltie (for there be cruell mercies, Proverbs 12:10.) the Chaplaines of Kings should often remember them of the story of Ahab and Benadad, and the Prophets commination against Ahabs remisnesse, 1 Kings 20:42. and of the Law, Deut. 21 from vers. 1. to the ninth. for in the image] Therefore to commit murder or manslaughter is not onely an injurie and crueltie to man, but an impietie against God; and though it be greater sinne to kill a good man, as Cain did, Genesis 4:8. then a bad man, as the servants of Absolom by his command did when they killed incestuous Amnon, 2 Sam. 13, 29. yet since a bad man hath some remainders of the Image of God in him, God is dishonoured if he be killed any other way then is warrantable by his authoritie. And by adding this reason, for in the Image of God, he meant to put a greater awe upon the minds of men, against the sinne of murder; as if he had said, If common humanitie will not worke upon you, to with-hold your hands from shedding of bloud, let my Majestie, the reverence of mine Image in man, make you araid to lay violent hands on any, for the contempt of mine Image I shall take as a contempt to my selfe, and shall accordingly punish it. By this argument did Macedonius disswade the Emperour Theodosius from a slaughter of the Antiochians which he intended against them, pulling downe an image of the Empresse Placillaes, and dragging it contumeliously about the streets: Theodor. lib. 5. Hist. Eccles. cap. 9. for the living Image of God was of much more estimation, then the lively image of the Empresse.