Commentary on Genesis and Exodus, Theological treatise · Chapter 21 · Questions · Question 10 – Question 21
QUEST. X. Of three kindes of liberty, and how servitude is agreeable to the Law of Nature.
BUt here it will further be demanded, whether servitude be agreeable to the Law of nature, and how it commeth to passe, that the Lord suffred the Israelites being a free people, to be servants one unto another. For the deciding of this doubt, there is a threefold kinde of liberty to be considered, a naturall liberty, civill, and spirituall. 1. The naturall liberty I call that, wherein Adam was created, being subdued to no bondage, neither spirituall of sinne, nor corporall in any outward subjection to any creature: but as he had a freedome of will, and was made Lord of his affections within, that he needed not to have sinned, unlesse he would himselfe: so he had the dominion of the creatures given unto him. This originall liberty of nature considered, servitude and bondage was brought in as a punishment of sinne, and so is not simply, and of it selfe agreeable to the Law of nature. 2. But now since Adams fall, there is another kinde of civill liberty, and civill servitude opposite unto it. Civill liberty is defined to be a naturall faculty, for every man to doe as himselfe liketh: nisi si quis aut … aut jure prohibetur, unlesse one be hin…d by force or in right; for that is no true liberty for a man against right, to doe what him li…teth: ser…itude contrariwise de…eth unto a man power, vivend… …; to live as he would, according unto nature. Now this servitude simply accordeth not with nature, as the Apostle saith, If yet thou mayest be free, use it rather, 1 Cor. 7.21. shewing that every one by nature desireth liberty and freedome. But after a sort this servitude is agreeable to nature, not simply, or of it selfe, but as other punishments are said to be naturall, as tending to the maintenance of society among men which is properly naturall. And if it be objected, why since all men are fallen in Adam, and so brought into subjection, why all likewise become not servants: the answer is, that two things must be considered in this our corrupt state: the one is the Law of corruption, brought in by sinne, the other the goodnesse of God: that although all men are subject by sinne to the same bondage and corruption, yet the goodnesse of God qualifieth that slavish condition of nature, as that some doe enjoy an outward liberty and freedome: like as in the inward faculties of the soule, the Lord giveth unto some more light of understanding, dexterity of wit, profoundnesse of judgement, and other naturall gifts, than unto others. 3. The spirituall liberty is wrought in us by grace in Christ, which is from the subjection of sinne, and malediction of the Law; that our conscience is no more terrified with slavish feare, but we are at peace with God: and beside, by this spirituall liberty, the faithfull have restored unto them the dominion over all creatures: that though not in externall possession, yet in a spirituall right, all things are theirs, whether the world, life, death, things present or things to come, 1 Cor. 3.22. and all things worke to the best, to those that love God, Rom. …. So these may very well stand together, externall servitude, and spirituall freedome: it is possible for one to bee a freeman to God, and yet a servant in the world, and another to be a bondman to sinne, and yet free in the world: for there are divers objects of these two kindes of liberty and bondage; the outward freedome respecteth this life and state, the free use of riches, and pleasures of this life: the spirituall and internall freedome hath set before it the salvation of the soule, the favour of God, and life eternall. Christian religion then overthroweth not the diversity of degrees among men: But as Christ, though he were by his spirituall right, free from all taxes and impositions, yet lest he should offend, payed poll money, Matth. 17. so Christians, though they are made free by faith in the Sonne, yet for the maintenance of peace and love, and avoiding of offence, in disturbing the temporall State, they are bound as well as others, to be subject unto the powers of this world: Et potestatibus … nos subjici in eo homine qui elementis, ex quibus constat, subditus est: In respect of that man of ours which is subject to the elements whereof it consisteth, Borrh.
QUEST. XI. How these six yeeres are to be accounted.
Vers. 2. HE shall serve thee six yeeres, in the seventh he shall, &c. Some doe expound this De publico & generali anno septimo, of the publike and generall seventh yeere, some of the private, as every mans service began, Lippoman. But that it is to be understood of the publike yeere of intermission, it may be made plaine by these reasons: 1. Because, whereas every seventh yeere was appointed a yeere of intermission, to forbeare tilling of the ground, or exacting of debts, Levit. 25. Deut. 15. if every man should make a yeere of remission of servants in his owne house, and not observe the generall and solemne yeere of intermission, this would have brought in and bred a great confusion▪ Tostat. 2. This also appeareth by the analogy of the great yeere of remission, which was in the fiftieth yeere: for there the buying of possessions or servants was no… to be counted from the time of such buying, but from the yeere of Jubile, for as many yeeres or few remained of the Jubile, so was the price to be valued, Levi…. 25. Tostatus, …, Lyran. 3. And beside seeing in the seventh yeere, there was a …: for if a man might exact ser…ice of his servant, and not … more base than their substance, which is not to be … then the meaning is, not that every … of the Hebrewes …; for it might so full … that he should serve but one, if he were bought immediatly before the yeere of Jubile, but that he should not at any time serve above six yeeres, Tostat.
QUEST. XII. The reasons why they ought to set their servants free.
HE shall goe out free for nothing. 1. That is, he shall pay nothing for his liberty, because he is made free by the Law: nor yet for any thing else. As if the servant had lien sicke any time of the yeeres of his service, and his master had beene at cost in healing of him; his master in this case was to expect no recompence, because his servant was as his possession, even as the oxe or asse, purchased for his profit, and therefore his master was to stand to the losse of it, Tostat. qu. 6. 2. And the reasons why this favour was to be shewed unto the Hebrewes being servants, were these: 1. The Lord saith, For they are my servants, which I brought out of the land of Egypt, Levit. 25.42. that is, he doth not only put them in minde of that generall benefit, of their deliverance out of the bondage and servitude of Egypt, the remembrance whereof ought to make them kinde and mercifull to their servants the Hebrewes, which were partaken of the same common deliverance: But the Lord likewise pleadeth his right and interest in them, saying, They are my servants: so that although the Lord did somewhat depart from his owne right, in suffring of them to serve six yeeres, in regard of their necessity, yet if they should hold them in perpetuall servitude, they should usurpe upon the Lords right, seeing they were his servants.
2. Another reason is taken from the manner and condition of their service, Deut. 15.18. Hee hath served six yeeres, which is the double worth of an hired servant: which is so said, either because the service of six yeeres is double to the time of hired servants, who used to covenant from three yeeres to three yeeres, Vatab. Or rather because their workes were more laborious than were the hired servants, Iun. For hee was to doe his worke, for the which he was hired, and no more: but the other, when he had done in his businesse in the field, came home, and ministred to his master first, before hee did ea… himselfe, Luk. 17.10. And they only served not their master by day, but by night they kept their flockes in the field, as is evident in the example of Iacob, Gen. 31.40. Simler. 3. A third reason is taken from a promise of blessing: The Lord thy God shall blesse thee in all that thou doest, Deut. 15.18. Simler.
3. Though this Law concerning the freedome of servants, did specially concerne the policy of the Jewes, and so belongeth not unto us, for now servants are not bought and sold among Christian… in the Romane Empire, but only hired, Osiander. Yet the equity of this Law doth binde us, that all they which have others in subjection under them, should use their authority moderately and in mercy, Galas. 4. The word here used, ch…pshi, interpreted free, signifieth also solitarie, because servants were not solitary, or alone by themselves in the house, but attended on their masters: they which were free, were solitary and by themselves, giving no attendance upon any, Oleaster.
QUEST. XIII. Why the space of six yeeres is limited for their service.
BUt concerning the limiting of the space of six yeeres for service, and the appointing of the seventh for liberty, what might be the reason thereof, thus it is diversly scanned. 1. Some doe thus moralize it: by six yeeres, they understand the perfection of the active life, because in six dayes the Lord made the world; hee that will come unto contemplation, must first approve himselfe in action, Lyr…n. 2. Isid…re maketh this application, in sex atatibus hujus s…culi servientes, &c. when wee have served the six ages of this world, in the seventh, which is the eternall Sabbath, we shall be free. 3. But I preferre rather Rupertus conjecture, that this privilege of going out free in the seventh yeere, and serving six, was proper to the Hebrewes: Quia videlicet pater …orum Iacob sex annis pro gregibus Laban servivit, &c. Because Iacob their father served six yeeres for Labans flockes, and went out free in the seventh, chusing rather to sojourne with his fathers, Abraham and Isaack, than to serve among his kindred for more profit: therefore, Haec ingenuit as patris illam posteris apud Dominum thesaurizavit: This ingenuous minde of their father did treasure up this privilege before the Lord, for his posterity, that none should be compelled to serve above six yeeres: Rupert. lib. 3. in Exod. cap. 35. 4. But the best reason of all is, because as the Lord had from the beginning given them a Sabbath of dayes, which was the seventh day of rest: so also he gave them a Sabbath of yeeres, that every seventh yeere the land should rest, and servants should rest from their labours, and debters from their creditors: and they had also a Sabbath of seven times seven yeeres prescribed, that when they had counted seven times seven yeeres, then the fiftieth yeere should be the great yeere of remission, the yeere of Jubile, which was a lively figure of that acceptable time of generall remission, at the comming of the Messiah.
QUEST. XIV. How the servant is said to come in with his body, and to goe out with his body.
Vers. 3. IF he came himselfe alone. 1. Some read, If he came with his garment, he shall goe out with his garment, Hierom. Lyran. But the word is guph, which signifieth a body, not gaph, a wing of a garment: the true reading therefore is, If he came with his body, that is, alone without either the body of his wife or children, Oleaster. And so read both the Chalde and Septuagint, If he entred alone, he shall go out alone. 2. But this case is excepted, that if he in the time of service should marry a free woman, and not a maid servant given him by his master, in this case the free woman should not lose her freedome, but should goe out with her husband, Tostat. qu. 7. 3. And beside, as if he brought a wife with him, he went out with his wife, so by the like reason, if he had children before, they should be free likewise, Iun. Nay if he should g…t children during his service, by a wife married before his service, those children also should …oe out with him, and not remaine with his master: partus sequitur …, the childe followeth the condition of the mother, Tostat. quaest. 6. 4. And of the former reading, If he come in with his body, rather than, with his garment, these two reasons are given: 1. Because it is not like that the same garment with the which he entred could continue six yeeres, Pallican. 2. And the servant was not to bee sent out with his garment alone, but with a liberall reward of sh…epe, corne and wine, Deut. 15.14. Simler. 3. Beside, the next clause confirmeth this reading: but If he were married, &c. so to come in alone, is to come without a wife or children, Iun.
QUEST. XV. What manner of wife the master was to give to his servant.
Vers. 4. IF his master have given him a wife. 1. Some indifferently understand any maid servant, whether a stranger, or an Hebrewesse, and that such wife and her children shall be her masters, till the time of servitude come out, Genevens. But the master had no power to give an Hebrewesse maid to his servant to wife, but he must either take her himselfe, or give her to his sonne, vers. 7, 8. Piscat. Tostat. It is understood therefore of such maid servants as were of other nations, Osiana. 2. But it seemeth, that the master could not give a Cananitish woman to his servant to wife, for they are forbidden to contract marriages with them, Deut. 7.4. Tostat. quaest. 7. Neither had the master power to give any free woman to his servant: for the master was to give onelyonly his owne, but a free woman was none of his possession, Tostat. 5. This must be understood, if the servant will take a wife, for otherwise, he was not to be compelled: for if there were not a free consent, it is held to be no marriage, and the Master could no more compell the servant to lye with a maid against his will, to get children for his masters profit, than to force his maid to play the whore for her masters advantage. It must be therefore presupposed, if the servant be willing to take a wife, as in some cases he might, either to mend his poore estate, or because he cannot live chastely all the time of his service, Tostat. quaest. 7.
QUEST. XVI. Whether such separation betweene the servant and his wife were lawfull.
Vers. 4. THe wife and children shall be her masters, &c. 1. Some thinke that this was another cause of divorce and separation, sine libello repud…i, without a bill of divorcement: Cajeta…: and doe inferre hereupon, that matrimonium in veteri lege non erat ratum, sicut nunc; that matrimony was not so sure then as it is now, when it is impossible, if it be lawfully made, to be dissolved, Tostat. Contra. 1. This cannot be said to bee any kinde of divorce, because the marriage is not held to bee lawfull with aliens. 2. And marriage was then as firme by the first institution, Gen. 2. as now, saving that much was permitted them by Moses Law for the hardnesse of their heart, Matth. 19. 3. And marriage now may be dissolved for fornication, as our blessed Saviour sheweth, Matth. 19. therefore it is untrue, that it is impossible now for lawfull matrimony to be dissolved. 2. Some excuse this kinde of separation: because the word is not absolutely given unto the servant, but only permitted for a time, while he is in service: and that shee was given but upon condition, that the children which should be borne should be his masters: Pellican. Lippoman. But it seemeth rather, by the words of the text, that the master in this case giveth his maid absolutely, without condition, to be wife unto his servant. 3. Some make this to be the reason of this separation: Ne injuria Domino inferretur: Lest wrong might be done unto the master, if for shewing this favour to his servant, he should lose his maid, Gallas. But this doth not fully satisfie, that matrimony, if it were lawfull, should be dissolved for the masters advantage. 4. Wherefore the best answer is, that such marriages with strange women was not pleasing unto God, neither was it lawfull marriage: and therefore such separation was not unlawfull: and by this meanes God would have the Hebrewes terrified from matching with heathen women, Iunius: as in Ezra his time the Israelites did put away their strange wives, having had, some of them, children by them, Ezra. 10.44.
QUEST. XVII. Why the servant was brought before the Iudges, and what doore he was set to.
Vers. 6. THen his master shall bring him to the Iudges, and set him to the doore, &c. 1. The servant refusing his liberty, either for the love of his wife and children, or else loving his owne case, because he is well with his master, was to be brought before the Judges (called Gods, because they are in Gods place) both, caevendae frandis causa, to prevent all fraud and deceit, that masters at their owne will should not prolong the time of their service: Simler. and that this being done publikely, others might be afraid of the like ignominy: Gallas. and to the end that the servant should make publike profession, that he continued in his service willingly, Piscator. 2. By the doore is not here understood the doore of the Tabernacle, as Gregor. for the Tabernacle was not yet made, and the Judges did not use to sit there: nor the gate of the City, as Borrh. Genevens. for, not d…lath, but shaghar, signifieth the doore of the City: Piscator. But he was brought to the doore of his masters house, Deut. 15.17. where his eare was bored thorow by the appointment of the Judges, Iun. Cajetan.
Vers. 6. His master shall bore his eare thorow. 1. Some thinke this was done to set his eare to the post of the doore to bore it thorow, in remembrance of the striking of the doore posts with bloud at the first institution of the Passeover in Egypt: ex Tostat. qu. 8. But there is no sense for this. 2. Some doe moralize it; that by boring the eare is signified, that one should not doe good workes for to heare the praise and commendation of men. But this is as farre fetcht as the other. 3. Tostatus thinketh the reason was: Debebat puniri in aure male audiente, &c. He was to be punished in his ill hearing eare, that the mulct may be proportionable to the fault, because he listned no better to his liberty, quaest. 8. 4. But generally the boring of the eare was a note of ignominy, and conspicuous: ut si non horrerent servit…tem, horrerent saltem ignominiam publicam: that if they were not afraid of servitude, at the least they should be afraid of such reproach and ignominy, Cajetan. And therefore he is brought to the doore, ut multos habeas inspectores & testes, that he may have many witnesses and beholders: Rupertus. And in particular his eare is bored, not his face or forhead marked, as the Romanes used to brand their fugitive servants: because they were a free people, God would not have such ignominious markes set upon them: Marbach. 2. And, Per …ris terebrationem perpetuam sub domin… obedie…tiam, &c. By the boring of the eare he signifieth his perpetuall obedience under his master: and by applying him to the doore, is meant, that the servant should not goe out at the doore without his masters leave: Theodoret. 3. Fiebat perforatio tanquam detenti… servi ad do…um illam: This boring and fastning of the eare to the doore, signified the detention of the servant in that house, Cajetan. 4. And hereby is insinuated, perforata auris aeorum, quise Deo serv… … the boring or opening of their eare, who doe addict themselves to Gods service, Borrh. as David saith, Psal. 40.6. Mine eares hast thou opened, or prepared.
QUEST. XVIII. Of the divers kindes of punishments used among the Israelites.
Vers. 6. HE shall serve him. There were six kindes of punishments used among the Israelites: 1. The first and greatest was the taking away of the life, which was in great offences, as of murder, adultery, idolatry. 2. Then there was poena talionis, the punishment of equality or retalion, as when eye went for eye, tooth for tooth, vers. 24. and of this kinde was the whipping of the body, Deut. 25.2. 3. There was poena damni, the punishment of losse and dammage, as in theft they were to make restitution out of their owne goods, Exod. 23.1. 4. There was poena ignominiae, the punishment of ignominy and shame: as his shooe was drawen off, and his face spit upon, that would not take his brothers wife, to raise up seed to his brother, Deut. 25. Tostat. qu. 8. Thom. and in this case the servants eare was bored thorow. 5. Poena servitutis, the punishment of servitude: which was inflicted in two cases, when as either a man not being able to make restitution, was sold for his theft, chap. 22.3. or, when the servant refused his freedome. 6. Unto this may be added, exile and the restraint of liberty; which the Law did not inflict in generall, that any should be banished altogether out of the land, lest it might cause them to fall to idolatry: as David complaineth, 1 Sam. 26.19. They have cast me out this day from abiding in the inheritance of the Lord, saying, Goe serve other gods. Yet there was aliquod particulare exilium, a particular kinde of exile, as when he that had killed a man, and not wilfully or of hatred, was confined unto one of the Cities of refuge, Thom. 2.2. qu. 105. art. 2. ad. 10.
QUEST. XIX. What is meant here by Ever.
FOr ever. 1. Hierome observeth that this word foreign gholam with vau, signifieth eternity, but without vau, as it is here, it is taken for the fiftieth yeere which was the Jubile: Hierom in Galata…, chap. 1. But this observation doth not alwayes hold. Augustine saith, that is called here aeternum, for ever, cujus temporis sinis non est, of which time there is no end: Locut. 91. Oleaster saith it signifieth tempus occultum, an hid time: for in that sense also the word is taken. Theodoret, that it signifieth tempus definitum, determinatum, a definite and determinate time: as the time of a mans life. But it is here rather taken for the yeere of Jubile, whether it were neerer or further off: for then all servants whatsoever were redeemed: Sic Lippom. Lyran. Tostat. as Levit. 25.39. Iun.
QUEST. XX. When the servant was to goe out free in the seventh yeere, when in the fiftieth yeere.
BUt there may seeme to be some repugnancie betweene this Law, Exod. 21.2. of the servants going out free in the 7. yeere, and that Levit. 25.29. He shall serve thee unto the yeere of Iubile. 1. The places are thus reconciled, that here he speaketh of the freedome of such servants in the seventh yeere which accept of their freedome: but there of such, which refuse to be made free, who shall serve for ever, that is, to the yeere of Jubile. 2. Other cases likewise are put, when servants goe not out free in the seventh yeere: as if either they be not Hebrewes, for then they have no benefit by this Law, which is made for the privilege of Hebrewes being servants. 3. Likewise if an Hebrew were sold not to an Hebrew, but to a stranger, he was not to be set free in the seventh yeere, but might be redeemed by any of his kinred, an estimation being made of the price, according to the neerenesse or farnesse of the yeere of Jubile, … ▪ 25. Simler.
QUEST. XXI. Certaine cases put when the yeere of Iubile came before the yeere of remission.
ALso other cases may be put: 1. What if a man sell himselfe to serve five yeeres before the yeere of Jubile, and in the meane time his master give him a wife, and he hath children by her, whether that he shall go out with his wife and children in the yeere of Jubile? The answer is, that he shall: for then in the yeere of remission he should goe out alone without wife and children: yet the Jubile being a generall remission of all kinde of bonds and contracts, then he, his wife, children, and all, shall be set free. 2. Likewise, if the yeere of Jubile come before the yeere of remission, hee that refusing to goe out free, for love unto his wife and children, was to have his eare bored, shall not now have his eare bored: for that was but a signe of his perpetuall service till the yeere of Jubile: which yeere being now come, he is released of the bond of servitude, and so freed also from his boring▪ which was a signe thereof, Tostat. quaest. 9.