Commentary on Genesis and Exodus, Theological treatise · Chapter 21 · Questions · Question 68 – Question 69
QUEST. LXVIII. Why a certaine summe of money is set for all servants.
Vers. 32. HE shall give unto their masters thirtie sicles. The common sicle weighed the fourth part of an ounce of silver: so that thirtie sicles made seven ounces and an halfe, that is, so many dolle…: seven crownes starling and an halfe: Iun. which is about 37. s. 6. d. of our money. Now although there was great difference in the price of servants: for the men servants were more worth than the maids; and the young and strong than the old and weake: yet a certaine rate is set for these reasons: 1. Some thinke this proportion and summe is named, because out of Cham there issued thirtie generations, Gen. 7. from whom servitude tooke beginning. But this is but a figurative reason, which rather belonged to the ceremoniall than to the politike lawes, Tostat. quaest. 29. 2. These reasons rather may bee yeelded: 1. That whereas the summe for the death of a free man is arbitrarie, vers. 30. but the certaine quantitie is named for a servant slaine by a beast: this was to shew a difference betweene servants and free men, Cajetan. 2. Quia caedes erat involuntaria, &c. Because this slaughter was involuntarie, and the owners negligence onelyonly is punished, therefore one servant is not set at an higher rate than another, Simler. 3. And beside, this moderate and indifferent price is taxed, that the owner of the oxe, and the master of the servant might as it were divide the losse betweene them: that seeing it was done of negligence, non multum gravaretur in solvendo Dominus bovis: The owner of the oxe should not be burthened with over great payment, Tostat. quaest. 29.
QUEST. LXIX. What kinde of wells this law meaneth, where, and by whom digged.
Vers. 33. WHen a man shall open a well, or digge a pit, &c. 1. Here are two cases put, when either one uncovereth a well digged alreadie, or diggeth a new well, and leaveth it uncovered, then he is subject to this law: Lyran. For if one made a well, and left it covered, and another commeth and uncovereth it, though he made it not, now he is in fault, and not the other that made it, quia causam immediatam tribuit malo, because hee is the immediate cause of the evill or mischiefe that is done, Tostat. qu. 30. 2. Rab. Salomon thinketh, that if the master commanded another to make a well, and leave it uncovered, that in this case he is not to make good the losse, but he that made it. Contra. If he that made it were a servant, who could not gainsay his masters commandement, in this case the master was rather to be charged with the penaltie than the servant, because he was the cause: but if he were a mercenarie man, or an hireling, then he together with the master that set him aworke, are joyntly to beare the losse, because it was in his power to have refused, Tostat. So then not onelyonly he that maketh such a pit and leaveth it uncovered, but he that also caused it, are punishable by this law, Iun. 3. But in this other point R. Salomon his opinion is very probable: that this law must be understood of such pits as were made in such common and usuall places, where cattell used to goe: not of such as were digged in solitarie and unfrequented places, as in the mountaines: for then it was a meere chance, if any such casualtie happened: Tostat. Lyran. Neither can this law take place now, when men have their severall and divided grounds, wherein they make their pits and wels: which divisions were not so usuall among the Israelites then, Gallas. 4. Though mention be made onelyonly of the oxe and asse, that shall fall into the pit, yet there is the same reason of other cattell, as of sheepe and goats: Lyran. But there is a greater doubt what should bee done, if a man and woman should perish by such meanes. Simlerus seemeth to be of opinion, that the owner or maker of the pit should be punished in this case, as if hee had not kept his oxe that used to goare. But the life of man is of greater value, than to be taken away, where there is no direct law, but by a kinde of consequent. If indeed any man should of purpose leave open a well to intrap his brother,What was to …e done, if a …an should fall into the pit. here he is guiltie of wilfull murther, because he lay in wait for his brother, and therefore was to die for it, according to the law, vers. 14. But if the pit bee left open of negligence, in this case the digger of the pit shall not make satisfaction for the life of a man, as for a beast there decaying; because a man in his reason and discretion could better prevent the danger of falling into the pit, than a bruit beast.
5. Gregorie doth thus mystically applie this law: Quid est aperire cisternam, nisi sacra scriptura arca… penetrare, &c. What is it to open a well, but to search into the Arke of the sacred Scripture? Subli…s sensus coram non capientibus silenti… contegat: Let him cover with silence the high and secret sense before those which cannot conceive them: otherwise he shall be guiltie, si per verba ejus mens in scandalum, &c. if by his words the simple minde of the hearer shall be scandalized, Gregor. 17. moral. cap. 13.
6. Thomas doth thus moralize: Then one giveth occasion of falling to another, which is to fall into the pit, quando facit aliquid, vel dicit minùs ratum; when hee doth or saith any thing which is not right, whereby occasion is ministred to another of falling, Thom. quodlibet 4. art. 23. ad. 3.