Commentary on Genesis and Exodus, Theological treatise · Chapter 21 · Questions · Question 3 – Question 9
QUEST. III. How the Ceremonials are abolished.
FUrther, concerning the validity of the Ceremoniall law: 1. The Ceremonies were of two sorts, either such as were meerely figurative, signifying such things as were to be performed in Christ, as Circumcision, and the paschall Lambe, which are in no respect to be observed: for this were in a manner to deny Christ to be come: if the figures should still remaine in use, then the body is yet to be expected. 2. There was another sort of ceremonies, which doe not directly concerne the signification of Christ to come; but only shewed, munditiam populi illius & sanitatem, the cleanlinesse and health of that people, as to abstaine from swines flesh: which if one should now observe, as it was commanded in the Law, he sinneth; but if for some other end, as for his health, or such like, he offendeth not, Tostatus quaest. 1. 3. Some ceremonies were partly figurative of things to come, and significative of some spirituall thing: partly they had some other politick end and use, which not in respect of the figure and type, but in some other regard, may upon a new institution be observed under the Gospell: as the shew-bread or face-bread, as it was a figure of Christ, is now no more used: but yet bread by Christs institution is still retained in the Eucharist, as representative of the body of Christ. So they under the Law used washing with water, to signifie the inward cleansing: and now also in the new Testament, upon a new ordinance, it is used as the outward element in Baptisme. So the observation of the Sabbath, the paying of tithes, Churches garments, Church-musicke, and the like were partly ceremoniall, partly morall, belonging to the service of God, to the maintenance of Ministers, to externall decencie and comelinesse: in which respect, though the ceremoniall use be ceased, they may be retained still, all things being done without offence, and to edification, according to the Apostles rule. 4. But here I cannot let passe untouched an unsound assertion of Lyranus, to whom consenteth Lippoman: that thurificatio, quae de ceremonialibus erat, in nova lege remanet: that censing and offering of incense, being one of the ceremonials of the old Law, yet remaineth in the new,Oblation of incense, a meere ceremony of the old Law, and therefore cannot be retained under the Gospell. because it signified nothing to come, but only shewed the devotion of the people in the worship of God, which is greater in the new Testament than in the old. Contra. 1. The offering of incense was a necessarie appertinance to the externall sacrifices of the Law, it did continually wait and attend upon them: and as the sacrifices did prefigure the holy sacrifice of attonement, and passion of our blessed Saviour upon the crosse: so the incense did betoken the sweet savour of that sacrifice, and the acceptance thereof with Gold: as Saint Paul sheweth, that Christ hath given himselfe for us an offering and a sacrifice, of a sweet smelling savour unto God, Ephes. 5.2. Beside, the oblation of incense did shadow forth the mediation of Christ, in offering up the prayers of the Saints, as Revel. 8.3. Much odors were given to the Angel that had the golden censer, to offer with the prayers of the Saints: and hereunto alludeth the Prophet David, when he saith, Let my prayer be directed in thy sight, as incense, Psal. 141.2. It is evident then, that the incense of the old Law was figurative, and significative of things to come. 2. And true it is, that the inward and spirituall devotion is more and greater in the new Testament, than it was in the old, but not the externall: for they had more outward ceremonies and rites prescribed, as signes of their devotion, than are now required under the Gospell: for now they that worship God, must worship him in spirit and truth, Ioh. 4.24.
QUEST. IV. How farre the Iudicials are now to be retained.
FUrther, concerning the Judicials of Moses: 1. They doe much differ in respect of their observation from the Ceremonials: for these are so abrogated, as that now to observe the figures and types of the old Testament, were great impiety: for all such things were observed then, vel expresè, vel tacitè sub protestatione Messiae futuri, &c. either expresly or closely under protestation of the Messiah to come: now therefore to observe them, were to protest, Christum nondum venisse, that Christ were not yet come. But it is not so with the Judicials, for they being conclusions and rules of justice grounded upon the Law of nature, and first given for the conservation of the peace, and politike state of that Common-wealth, and not prescribed for any signification, or prefiguring of things to come; they may now be so farre forth observed, as they are found fitting and agreeable unto the state and condition of the people: Sic fere Tostat. Lippom. 2. Two wayes is a precept said to be figurale, figurative… one way, when it is principally instituted to figure somewhat, such were the ceremoniall precepts: another, ex consequenti, by a certaine consequent; and so are the Judicials after a sort figurative, because they belonged unto that people, cujus status erat figuralis, whose state was figurative: Sic Thom. Lippom. To bee figurative in this sense, letteth not, but that the Judicials may be retained now, seeing they were not appointed or ordained to prefigure any thing, as the Ceremonials were. 3. But here two strange positions come to be examined: the one is of Lippoman: That to observe the Judicials, tanquam ex lege veteri obligatoria, esset mortiferum, as binding by force of the old Law, were a deadly sinne. Tostatus also saith: We receive the judiciall precepts given of God, tanquam dicta sapientis viri, &c. as the sayings of some wise man, not as of a lawgiver binding us to the observation thereof: like as the Romans borrowed their Lawes of the wise Grecians, Tostat. qu. 1. Contra. 1. The old Law in the constituting of the Judicials was grounded upon the Law of equity:Moses Judicials rather to be imitated, than any other humane constitutions. which rule of equity it is no sinne to follow now: therefore it is no sinne to follow the rules of the old law, as they are grounded upon equity and justice: nay therein to depart from them, were rather transgression. 2. S. Iames saith, chap. 4.12. There is one Lawgiver, which is able to save and destroy: therefore to whom doth it rather belong to give direction, for what offences mans life is to be saved, and other punishment to be afflicted, and for what his life is to bee taken away, than unto that perfit and soveraigne Lawgiver, who is the author and giver of life, and at whose will and pleasure only mans life is taken away? To say therefore that the Judicials appointed by God, are to be observed now only as the sayings of a wise man, not as of a Lawgiver, is both to derogate from Gods authority, who is the only sufficient Lawgiver, and from the sufficiencie of his law (which is more perfect than any humane constitutions whatsoever) in making these Judicials but equall unto the sayings of other wise men. But this question hath beene already handled at large before, in the generall questions in chap. 1. Exod.
QUEST. V. Why these Lawes are called judgements.
THese are the judgements. 1. He saith not, Dei judicia, sed absolut… judicia, the judgements of God, but absolutely judgements: for he which observed these, was not yet just before God, though hee were before men, Lippoman. 2. This word judgement in the singular signifieth not, as judgements in the plurall: for judgement in the singular for the most part signifieth condemnation: but in the plurall it signifieth, tam re… vindictam, quàm innocentis defensionem; as well the revenge and punishment of the guilty, as the defence of the innocent, Rupertus. 3. This word judgement is taken three wayes: first it signifieth the act of the judgement and understanding, which determineth what is meet and convenient to be done: and so it is as the fountaine and beginning whence good Lawes proceed: Lex enim per judicium facta est; for the Law is made out of judgement. Secondly, it is taken pro ipsa exhibitione justitiae, for the very exhibiting and administration of justice, which is the execution of the Lawes. Thirdly, it is taken pro lege, secundùm quam judicandum est, for the Law it selfe, according to the which judgement is given: and in this signification is the word used here, Tostat. qu. 3.
QUEST. VI. How Moses propounded these Lawes, by speaking or by writing.
Vers. 1. WHich thou shalt set before them, or propound unto them. 1. Augustine saith: Notanda est hic locutio, &c. The manner of speech is here to be observed: this is said to Moses, Thou shalt propound, &c. but the rest that followeth, If thou shalt buy, &c. vers. 2. is spoken to the people, as unto Moses: Locut. 91. in Exod. 2. These Lawes Ab. Ezra saith might be propounded two wayes unto the people, either by pronouncing them, or by writing of them. But it is evident, chap. 24.3. that first Moses told all these Lawes by word of mouth, before he writ them: and he had first the peoples consent unto them: for they were no Lawes, till the people had received them, and submitted themselves unto them. And therefore as soone as Moses had propounded them, the people answered with one voice, All the things which the Lord hath said, will we doe, chap. 24.3. Tostat. qu. 3.
QUEST. VII. Why the Israelites were called Hebrewes.
Vers. 2. IF thou buy an Hebrew servant, &c. This was a peculiar name to the Israelites to be called Hebrewes: 1. which name is not derived of Abraham, as some thinke: for the name Hebrew, beginneth with the letter foreign ain: the name of Abraham with foreign aleph: and beside, there were other nations that came of Abraham, as the Edomites, Ismaelites, Amalekites, Midianites, which should also by that reason have beene called Hebrewes. 2. Neither is this name derived of the signification thereof, which signifieth to passe over: that therefore they should be so called, because sometime they dwelt beyond the river in Mesopotamia, and came over the river: for Lot came over as well as Abraham, and yet his posterity, the Moabites, and Ammonites, were not called Hebrewes. 3. Therefore they are so called of Heber, not only because they were of him descended: for other nations which came of Ioktan the second sonne of Heber, descended of him, yet were not called Hebrewes: neither was this name given them, in respect of the holinesse and true worship of God, which Heber professed: for in that sense they might rather have beene called by Abrahams name, who is famous in Scripture for his faith and obedience: but the reason of this name is, because the Hebrew language, which was peculiar and proper to the Israelites, was preserved in the family of Heber, when the tongues were divided at the destruction of Babel: and so although many other nations did spring out of Hebers family, yet it was so disposed by Gods providence, that the true worship of God, together with the Hebrew tongue, should be preserved only among the righteous seed. It is no other like, but that in Abrahams house Ismael as well as Isaack… and in Isaacks house, Esau as well as Iacob spake Hebrew while they lived together: but afterward, when Ismael and Esau were departed from their fathers house, they spake the tongue and language of those nations, to whom they joyned themselves, Tostat. qu. 4.
QUEST. VIII. How the Hebrewes became servants.
AN Hebrew servant. 1. The Israelites had two kindes of servants: some were of other nations; as most of the servants which the Romans had were such: and these servants they might keepe a longer time than for six yeeres: their servitude was perpetuall, and hereditary both of themselves and their children: the other kinde of servants was of their owne nation, for whose benefit this Law is made, Tostat. Oleaster. 2. Some thinke that this Law is made concerning such servants being Hebrewes, which were bought of the Gentiles: but R. Salomon thinketh better, that it is a generall Law concerning all servants that were Hebrewes, howsoever they came to be servants, Ex Lyrano. 3. The Hebrewes became servants by these wayes: 1. If any man did steale, and had not wherewithall to make satisfaction, hee was to be sold by the Judges, and so the theft to be made good, Exod. 22.3. 2. If any did sell himselfe through poverty, Deut. 15.12. or a man sell his sonne or daughter, chap. 21.7. or when any were taken to be servants and bondmen for debt: as 2 King. 4.2. Simler. 3. Or when any having a servant, and being decayed, had no longer any use or service for him, he might sell him over unto another, Lyran. 4. There might bee also a fourth occasion of servitude; namely, when in the civill warres, which were among the Israelites, as when the kingdome was divided after Salomons dayes, they did take any Hebrewes captives, or prisoners, they afterwards became their servants, Simler.
QUEST. IX. The difference betweene Hebrew servants and strangers.
NOw the condition of an Hebrew servant was more tolerable than of other servants, which were of strange nations, in these two respects: 1. Their service was not so hard, nor so cruell, Levit. 25.43. Thou shalt not rule over him cruelly. And before, vers. 39. Thou shalt not compell him to serve as a bond servant, but as an hired servant, and as a sojourner he shall be with thee: that is, his service should bee easie and gentle, and their entertainment good, as when one is hired: yet herein the condition of such servants differed from an hireling: the servant was bound generally, during his service, to doe any worke which his master enjoyned him: but the hireling was onelyonly to doe that worke, for the which he was hired: the hireling was free, and at his owne disposition, he could not be set over to another; but so might the servant be sold over during the time of his service, being not his owne man, but to be disposed of at the will of his master, Tostat. quaest. 5. 2. The Hebrew servants differed from others in the time of their service, which was not to exceed six yeeres: whereas the bondage and servitude of strangers was perpetuall, Simler. Such as they were commanded by the Law to have, Levit. 25.44. Thy bond servant, and thy bondmaid, which thou shalt have, shall be of the Heathen which are around about you: as were the …, upon whom was laid the curse of perpetuall bondage or servitude, Gen. 9.25. Cursed be Canaan, … of servants shall he be to his brethren.