Commentary on Genesis and Exodus, Theological treatise · Chapter 21 · Analysis – Questions
1. The Method and Argument.
IN the former Chapter was propounded the Morall law chiefly, mixed with ceremoniall constitutions in the end of the Chapter: now follow the Judiciall lawes, unto the 10. verse of the 23. Chapter: from thence unto the 20. verse are propounded certaine ceremoniall orders in generall, as touching sacrifices and their feasts: the more speciall and particular prescriptions concerning ceremonies, are at large set forth in the booke of Leviticus.
This Chapter consisteth of three parts: The first is of the manumission and setting at liberty Hebrew servants, both men and women, unto vers. 12. Concerning the man servant, these Lawes are given: 1. How long he shall serve, vers. 2. 2. When his wife is to goe out with him, when not, vers. 3.4. 3. What is to be done to the servant that will not be made free, vers. 5. to vers. 7. Concerning the maid servant: 1. Upon what condition she may be sold to her maste…, not to be sold againe to a stranger, vers. 7, 8. 2 What is to be done unto her, if she be betrothed to his sonne, vers. 9. 3. What must be performed to her, if he marry another wife, vers. 10. 4. What must be done if he doe not performe these things, vers. 11.
Secondly, there follow certaine mulcts and punishments for divers offences committed by man, as of murther, vers. 12, 13, 14. smiting of parents, vers. 15. stealing of men, vers. 16. cursing of parents, vers. 17. hurting of a man, vers. 19.18. beating of servants to death, vers. 18, 19. hurting of women with childe, vers. 22. blemishing of servants in their eye, tooth, &c. vers. 24. to 28.
Thirdly, of mischiefe and dammages, that are occasioned by other mens default: as by their oxe that useth to push and goare man or woman, vers. 28. to 33. or hurteth anothers oxe, vers. 35, 36. and of dammages which are caused by the digging of pits and wells, vers. 33, 34.
2. The divers readings.
I. A. P.Vers. 3. If he came with his body. A.P. alone, with his body. I. If he came in single. V. or, alone. B.G.C.S. The sense is kept, not the word, better than, with what garment he entred, &c. L. but the word guph, signifieth a body, as gupha in the feminine is taken, Exod. 21.3.
I.B.G. cum caeter. I.V.A. I.Vers. 7. She shall not goe out as men servants. B.G.V.I. cum caeter. not, as maids. S.L.
Vers. 8. Who hath not betrothed her. I.V.A.P. better than, betrothed her. B.G.C.L. S. for here the negative, foreign, lo, is omitted.
Vers. 8. In dealing deceitfully, or perfidiously with her. I. or, trespassing against her. A. better than, in despising her. B.G.C.L.S. for bagadh, signifieth properly to deceive, and breake covenant, as Malach. 2.10.14. the meaning is, he hath broken appointment of marriage with her.
Vers. 10. Her rayment, and dwelling, or, habitation. I.A. conversation. S. better than, price of her chastity. I. or,I.A. recompence of her virginity. G. or, duty of marriage. B. V. lying with her. C. her time. P. ghorah of gh…r, signifieth an habitation or dwelling.
I.A.Vers. 16. And it be found in his hand. I.A.P.C.V.G. that is, the person which he hath stollen, better than, if it be proved upon him. B. or, if he be found in it. S. if he be convicted of the fault. L.
Vers. 22. If no destruction follow. B.V.I. or, death. G. A. P.C. better than, if the child come forth without fashion. I.B.V.G.S. or, but she liveth. L. for it is as well understood of the infant, as of the mother, if neither of them dye, &c.
2. Questions discussed.
QUEST. I. Of the necessity of the Iudiciall lawes.
Vers. 1. THese are the judgements, &c. 1. After the Morall law followeth the Judicials: for the Civill law issueth out of the Morall law, which is the fountaine and foundation of all other Lawes. And as the Morall law is principally grounded upon the Law of Nature: so in the next place, the Civill law also floweth from the same fountaine, as it may appeare by the generall use thereof: seeing no common-wealth can stand without Civill and Judiciall constitutions, Borrh. 2. And Moses having propounded the Lawes which binde in conscience, so now he setteth forth the Penall lawes, whereby the obstinacy of men might be restrained: for if a man were left to himselfe: Nemo est qui non suo arbitrio m…lit vivore, there is none that had not rather live as he list himselfe, Galas. 3. Therefore because it might fall out, that all would not be obedient to the Morall precepts, necessarium suit praescribere, &c. it was necessary to prescribe what punishment every transgressor of the Law should be subject unto, Rupertus.
QUEST. II. The difference of the Morall, Iudiciall, and Ceremoniall lawes.
THe judgements. 1. The Judiciall lawes, Ceremoniall and Morall, are thus distinguished: some precepts have vim obligandi ex ipso dictamine rationis, power to binde by the very inducement of naturall reason, though there were no other Law to enforce them, such are the morall precepts: some Lawes doe not absolutely binde by the instinct and perswasion of naturall reason: sed ex institutione divina vel humana, but by a divine and humane institution: which, if they concerne such things as appertaine unto God, are ceremonials: if they respect the ordering of men, and directing of humane affaires, they are Judiciall lawes: two things then are required in Judiciall lawes, that they concerne ordinationem humanam, the ordering and directing of men, and that they doe binde, non ex sola ratione, sed ex institutione, not by reason onelyonly, but by the institution, Thom. 1.2. qu. 104. art. 1. in Cor. 2. Now there are foure sorts of Judiciall lawes, one of the Prince toward the subjects, another of the Citizens among themselves, the third of the Citizens toward strangers, and the fourth concerning domesticall duties, as of the fathers, masters, husbands, toward their children, servants, wives, Thomas.