Commentary on Genesis and Exodus, Theological treatise · Chapter 21 · Doctrines – Confutations
4. Places of Doctrine.
1. Doct. Of keeping the seventh day of rest holy unto God.
Vers. 2 IN the seventh yeare he shall goe out free. Consider here, Quali affectu Deus diem septimum prosequatur, &c. how the Lord is affected to the seventh day of rest, that in remembrance thereof; he also privileged the seventh yeare for the freedome of servants, and the fiftieth yeare of Jubile, Oleaster. Whereby we are taught religiously to consecrate unto Gods honour the seventh day.
2. Doct. Of Gods providence, even in such things as seeme to fall out by chance.
Vers. 13. BVt God hath offred him into his hand. Discamus non casu… aut fortunae istos occursus attribuere, sed providentiae supremi Iudicis, &c. Let us learne (saith Cajetane hereupon) to attribute such occurrents, not unto chance or fortune, but unto the providence of the highest Judge. Even these accidents which seeme to fall out by chance, are ruled and governed by the providence of God: as our blessed Saviour saith, that even our haires are numbred; and therefore nothing can happen unto us otherwise than as God disposeth.
3. Doct. The fact is to be measured by the minde of the doer.
Vers. 13. IF a man have not laid wait. Vides externa facta non esse judicanda juxta externam facti speciem, &c. You see that outward facts are not to bee judged according to the externall shew, sed juxta internum facientis animum, but according to the inward minde and purpose of the doer, Lippom. As God saith to Abimelech, when he had taken Sara Abrahams wife, I know that thou didst this even with an upright minde: Genes. 21.6.
4. Doct. In all wrongs there must be satisfaction and restitution made.
Vers. 19. HE shall beare his charges. The injurie must be freely forgiven, but yet there must be recompence and satisfaction made for the losse and hindrance: so likewise vers. 34. The owner shall make it good, The law sheweth that restitution must be made, for the hurt and damage made unto another, Oleaster. Therefore a man cannot looke for remission of his trespasse from God, which he hath committed against his neighbour, where he refuseth to make him amends, it being in his power: so did just Zachtus restore fourefold, whatsoever he had wrongfully gotten, Luk. 19.8.
5. Places of confutation.
1. Confut. Of the Anabaptists, that denie the use of the sword unto the Civill Magistrate.
Vers. 14. THou shalt take him from mine Altar, that he may die. This place doth authorise and warrant the lawfull power of the Civill Magistrate, in the use of the sword, against the error of the Anabaptists, which would altogether deprive the Magistrate of it, urging that place in the Gospell, Matth. 5.39. I say unto you, resist not evill. But here our blessed Saviour repealeth not the law of Moses, An eye for an eye, and a tooth for a tooth: but onelyonly reverseth the corrupt exposition of the Pharisies, which by this text would give warrant unto privat men, to seeke their owne revenge, whereas the law giveth this power onelyonly unto the Civill Magistrate. So the Apostle also saith, that the Magistrate heareth not the sword for nought, for he is the minister of God, to take vengeance on him that doth evill, Rom. 13.4.
2. Confut. Against the Papists, that would exempt Ecclesiasticall persons from the Civill power.
Vers. 14. THou shalt take him from mine Altar. Even the Priest ministring at the Altar, if he had committed wilfull murther, might be taken from thence, and put to death by the Magistrate, as R. Salomon noteth: wherein appeareth the soveraigne right and power, which then the Civill Magistrate had over the Priests of the law: which Tostatus granteth: but he saith, that herein there was great difference betweene the Priests of those times, and of ours, and thereupon he putteth this note in the margen, Nota differentiam inter Sacerdotes veteris Testamenti & nova legis, note a difference betweene the Priests of the old Testament, and of the new law, Tostat. quaest. 16. Contra. 1. But herein is no difference at all, for the Ministers of the Gospell are no more exempted now from the Civill power, than the Priests were then: for the Apostle saith, Let every soule be subject to the higher power, Rom. 13.1. In this generall speech, none are excepted: yea our blessed Saviour, who might have pleaded a greater privilege in this behalfe then any, refused not to pay tribute for avoiding of offence, Matth. 17.27. See more of this question, Synops. Centur. 1. err. 98.
3. Confut. Against the great abuse of Popish Sanctuaries.
FRom mine Altar. This sheweth that the Temple and Altar, as also the Cities of refuge were privileged places for some kinde of offenders, though not for wilfull murtherers. Here then somewhat would be inserted concerning the great abuse of Sanctuaries and privileged places in times past.
1. Concerning the beginning and first occasion of them, it is grounded upon, and derived from the judiciall constitutions of Moses, who by Gods appointment, assigned certaine Cities of refuge, for some offenders to flee unto, but not for all malefactors: from Moses the Gentiles seemed to borrow the like custome, in giving immunitie and privilege to some places: As in Athens, Hercules nephewes builded the Temple of MercieMercy, and obtained for the same this privilege, that they which fled thither for succour, should not by violence be taken thence. In Rome, Remus and Romulus betweene the tower and the Capitol,The ori…nall and beginning of Sanctuaries. appointed a place of refuge (called intermontius) betweene the hilles: after that the Temples and Altars, and then the images of the Emperours were privileged to give protection to those, which fled thither for succour: And from this example came the like immunities, which were given afterward to the Churches of Christians, which was afterward enlarged unto Church-yards, and Monasteries: As this reason is alleaged in the Imperiall constitutions of Theodos. and Valentin. that because the Gentiles gave such honour to their Idoll temples, &c. Quantum oportet praesidii ad sacratissimas aras confugientibus praestare? How much reliefe ought we to yeeld to those, which flie to the most holy Altars? The same reason is yeelded, Concil. Matiscin. 2. can. 8. Simundani Principes suis legibus censuerunt, &c. If worldly Princes have decreed by their lawes, that whosoever did flee unto their images, should be without hurt, how much should he remaine undemnified, qui suae gremium matris Ecclesia petierit, &c. which goeth to the bosome of his mother the Church?
2. Now for the convenient and necessarie use of such Sanctuaries and privileged places, these reasons are brought: 1. That they which were innocent, as in the case of involuntarie killing, might rescue themselves from the rage of the pursuers. 2. They which were oppressed by unequall Judges, might finde shelter here, till either the Judges wrath were appeased, or a more indifferent Judge found. 3. Such places served for the reliefe of servants, that were cruelly handled of their masters. 4. And for such as were endebted, and were pursued of their cruell creditours and exactours. 5. And in time of warre, such places were of speciall use, that they which fled thither, might be preserved from the sword: As Allaricus, when Rome was taken gave commandement, that all they, which fled to the Churches of S. Paul, and S. Peter, should have their lives, Simler.
3. But on the contrary, thus it is objected against such Sanctuary places: 1. That by this meanes the …ourse of Justice is hindred, when malefactors are sheltred and rescued from the Magistrate by the immunity and privilege of the place. 2. Servants are encouraged to be contemptuous, and disobedient to their masters, finding succour elsewhere. 3. And anthrifty and carelesse debtor… ▪ by such devises will seeke to defraud their creditours. 4. And herein was a great abuse committed in former times of superstition, that their Sanctuary places were open to all kinde of malefactors: As thus it standeth deci…ed, A…re…aneus. 1. c. 3. Homicidas, adulteros, fures, sive quoscun que re…, &c. Murtherers, adulterers, theeves, or any other trespassers, as the Ecclesiasticall Canons decret, and the Roman… Law appointeth, it is not lawfull to draw out of the Church or the Bishops house, but upon oath first given, … poenarum g…nere sint securi: that the parties so taken out, should be secure from all kinde of punishment.
4. Now then to moderate the excesse and abuse herein: neither is it fit that all such Sanctuaries should be stripped of their privileges, as Tibe…i… the Emperour did, as S…onius and Tacitus doe write: But such places of Gods service are meet still to be had in reverence, according to that Law of Arcadius, Irruens in Templum, vel Menistros capite punitur, &c. That hee which did assault the Church or the Ministers, should be capitally punished,How Sanctuaries should be moderated▪ Cod. lib. 1. tit. 6. leg. 10. Yet the privilege of such places would thus be moderated and limited: 1. That they should not bee open to all offenders, but onelyonly to such as trespassed of ignorance, and sinned unwittingly, and such as were empoverished by casualty rather th… … owne default. 2. That the number of such privileged places should be restrained, as it is already in the refo…ed Churches; seeing to all the 12. Tribes of Israel, there were allowed but six Cities of …. 3. He which was rescued in the Cities of refuge, was but there a while till his cause was tried, … guilty, he was delivered up: so it is fit, that such as sought the Sanctuary should notwithstanding ans…er the Law: As it was decreed by the Imperiall Lawes, as Cod. 1. l. 1. tit. 15. leg. 5. Iudaei confugieu…es ad E… sias suscipi non debent, &c. Jewes fleeing to the Churches, ought not to be received, unlesse first they pay their debts, Ibid. leg. 5. maneri possunt, vel citari in Ecclesia, &c. they may be summoned and cited in the Church▪ and being so cited, they are bound to make answer, &c.