Commentary on Genesis and Exodus, Theological treatise · Chapter 22 · Questions · Question 26 – Question 31
QUEST. XXVI. Whether this Law were generall without any exception.
NOw although this Law be propounded generally, if a man entice a maid, he was to endow her and marry her; yet there were some exceptions to be made: 1. For whereas the Israelites were charged to take them wives out of their owne tribe, Numb. 36. it is evident, that if the maid were of another tribe, then the man could not take her to wife: but because this case was very rare and unusuall, seeing the tribes, after they were setled in Canaan, when these Lawes were to take place, dwelt every one apart by themselves, and so there was no feare of such unlawfull entercourse and commixtion, betweene a man and maid of divers tribes: the Law therefore is silent in this point: for ad ea, qua raro accidunt, jura non adaptantur, lawes are not applied to those cases which fall out seldome. 2. If he were a Gentile and a stranger of another religion, which committed this sinne with a maid, neither could she in this case bee given him to wife; because they were forbidden to make marriages with such, Deut. 7.3. And the Israelitish women were to match in their owne tribe, and therefore not with strangers. 3. If an Hebrew servant had trespassed herein, neither could he have the maid to wife, whom he had abused: for he was first to endow her, which a servant could not doe: for either he had fold himselfe into servitude, because he was poore, or was sold by the Magistrate, to make satisfaction for some offence which he had committed, and therefore being poore he had not wherewithall to endow her, and so could not take her to wife. 4. Beside, if it were the Priests daughter with whom he had wrought this folly, she could not become his wife, for she was in this case to be burned, Levit. 21. And the man likewise by equity of the same Law, being guilty of the same offence. 5. Yea if the high Priest himselfe had defloured a maid, he could not take her to wife, because he was forbidden by the Law to marry any polluted, or an harlot, Levit. 21. vers. 14. 6. If also one had defiled a maid neere of his kin, being within the degrees of marriage forbidden, they were both to suffer death for it, Levit. 20. and therefore could not marry together. This Law therefore being generally propounded, must yet be interpreted and expounded according to other Lawes: for they must all be made to agree together, Tostat. qu. 12.
QUEST. XXVII. How farre this positive Law against fornication doth binde Christians now.
ANd as this Law did not hold generally in the old Testament, so neither is it now necessary, that whosoever hath committed fornication, should be compelled to marry the maid so abused: 1. For though it were admitted, that this Judiciall and positive Law of Moses were in force still: yet some exceptions must needs be admitted: as if they are to neere of kin: for no such marriage can be allowed within the limited degrees. As Saint Paul willed the young man, that had committed fornication with his fathers wife, to be excommunicate for that fact, 1 Cor. 5. he was not suffered to marry her. Againe, if a Christian maid should commit fornication with an Infidell, with a Turke, Jew, or Heretike, in this case the rule of the Gospell will not allow marriage: for Christians must marry only in the Lord, 1 Cor. 7.39. therefore not with those which are blasphemers of God, and enemies to true religion: and the Apostle saith, Be not unequally yoked with Infidels, 2 Cor. 6.14. 2. But Tostatus bringeth in two other exceptions, as if the maid defiled be either a professed Nunne, and so devoted to Monasticall and single life; or the man entred into orders, unto the which the vow of single life is annexed: in neither of these cases can (saith he) marriage be admitted after fornication committed, Tostat. quaest. 12. Contra. But against both these exceptions I will oppose the holy judgement of the Apostle: and touching the first, I urge that Apostolicall saying: It is better to marrie, than to burne, 1 Cor. 7.9. If then Nunnes are subject to this burning, as it appeareth they are by their secret fornications, the fruits of their burning lust, then according to the Apostles rule, it were better for them to marry. Concerning the second, I say with the Apostle, Marriage is honourable among all men, &c. Heb. 13.4. therefore it is no dishonour nor disparagement to holy Orders. 3. But the best answer is, that this politike Law of Moses doth not binde us now, otherwise than in respect of the generall equity thereof, that fornication being a breach of the Morall law, should be severely punished: in every part and circumstance of the Law, it is not necessary now to be kept. For as by Moses Law, it was left in the power of the maids father, whether he thought it fit to give his daughter in marriage to the fornicatour: so the Magistrate being the common father of the Common-wealth, may in his discretion determine when it is fit for such marriages to proceed, when otherwise, Simler.
QUEST. XXVIII. Why the Law requireth the consent of the father to such marriages.
Vers. 17. IF her father refuse, &c. 1. There is great reason that this power should be given unto the father, to chuse an husband for his daughter: for many times it may so fall out, that the fornicatour is such a lewd and ill disposed person, that his daughter were but cast away, to be bestowed upon such an one. And if the fornicatour were necessarily to marry the maid so abused, many would make practice of it of purpose, by this meanes to get them rich wives, Gallas. 2. But because sometime, if it were wholly left unto the maids father, to give his daughter in marriage, or to take a portion of money for her dowry, some might aske unreasonable summes, therefore the Law defineth, that upon the refusall of the father the fornicator shall pay money according to the dowry of virgines, such as parents of that state and condition used to give with their daughters, Tostat. 3. And beside it must be understood, that the fathers refusall must be reasonable: Si officium piorum parentum praestant, &c. If they performe the office of good and godly parents. For what if he refuse to give his daughter, because he would match her into a bad stocke, only respecting wealth, not religion and piety; in this case God is rather to be obeyed than man: and the duty to the first table to be preferred before the second, Borrhaius. 4. Confirmatur hac lege patria potestas in liberos, &c. The authority of the father is confirmed by this Law toward their children, in respect of their marriages, that they should not be contracted without their consent, Marbach.
QUEST. XXIX. Why next to the Law of fornication followeth the Law against witchcraft.
Vers. 18. THou shalt not suffer a witch to live, &c. 1. Some thinke that this precept is joyned to the former, Quia sortilegia plerun que , fi…t in his, quae pertinent ad actum carnis, &c. Because sorcery is often used in those things which belong to the carnall act, Lyran. So also Cajetane: Et fortè adjecta est lex ista stupro virginis, &c. It may be this Law is joyned to the former of whoredome committed with a maid, to insinuate that sorcery is much used to set forward venery and uncleane lust. 2. Tostatus maketh this the reason of this connexion, that as most of the Lawes in the former chapter concerned the ordring and directing, partis irascibilis, of the angry part of the minde: the Lawes hitherto in this chapter, partis concupiscibilis, of the coveting part of the minde: now these following belong to the direction partis rationalis, of the reasonable part of the minde, the judgement and understanding, that it should not be corrupted with evill arts, Tostat. qu. 12. 3. But the reason rather is, that as fornication of the bodie, immediatly before touched, is odious before God and man, so much more is the spirituall fornication of the soule abominable, when any seduced by the devill into witchcraft, or any such devillish trade, doe forsake God, and commit most grosse idolatrie, Simler. And so hereunto agreeable is that law which followeth in the next verse but one, vers. 20. that hee should be slaine, that offereth unto any gods, but to the Lord.
QUEST. XXX. What kinde of witchcraft is here understood.
A Witch. 1. The word is niecashephah, which signifieth, as Oleaster out of R. Abraham, one that changeth any thing before the sight: wee call them Juglers which deceive the sight, and cast a mist before the eyes. The right Latine word is praestigiatrix, Iun. Montanus, one which by legerdemaine deludeth the eyes. 2. But under this kinde, by a Synecdoche, all other sorts of witchcraft, sorcerie, inchauntment are forbidden: as Hydromantae, which use divination by water; Aeromanta, by the aire; Pyromantae, by the fire; Capniomantae, by smoake; Alectriomantae, by the crowing of Cockes; Psycomanta, that consult with the soules of the dead; Alphitomanta, which divine by the inspection of flower; Icthuomantae, by fish; Libanomantae, by incense; Cheiromantae, by the hand; Necromantae, diviners by the dead; Gastromantae, which divine and give answers from within, out of their bellies: and all other of the same devillish profession. See hereof*qu. 8. in 7. …. p. 7…. before. 3. Instance is given here of women, and the word is put also in the feminine, Quia illud genus maleficii crebriùs reperitur in foemina, Because that kinde of sorcerie is oftner found in women: Lippom. Quia procliviores sunt in hoc scelus ex infirmitate mulieres, Because women by the infirmitie of their sex are more prone unto this mischiefe: and women are named, that no compassion should bee shewed, no not unto the weaker sex, if they be thus seduced, Iun. Nec minus hoc damnantur mares, quam foemina, Yet men witches are no lesse condemned here, than women, Gallasius.
QUEST. XXXI. Whether love may bee procured by sorcerie.
BUt because it is the opinion of some, as is before shewed, qu. 29. that this law of witchcraft is annexed to the former law against fornication, because sorcerie may be used to procure unlawfull lust, it shall not bee amisse somewhat to touch that point. 1. Virgil, a great practitioner in such feats, sheweth in his 8. Eclog, how Daphnis was compelled to come by certaine inchanted love verses, where hee often repeateth this verse, Ducite ab urbe domum mea carmina, ducite Daphnin, My verses goe, from citie see: goe bring yee Daphnis home to mee. And Hierome in the life of Hilarion, as Tostatus citeth him, reporteth how a young man enamoured with a virgin, by certaine words and enchaunted figures put under the threshold where the maid was, drave her into such fits of raging love, that shee tore her haire, and whetted her teeth, and often used to call the young man by his name: this maid thus tormented, her parents brought to Hilarion, who by his prayers healed her. 2. Now then this instigation unto love by sorcerie, and diabolicall subtiltie, may be procured three waies: One is the ordinarie meanes, whereby Satan by externall objects useth to tempt men, thereby stirring and provoking their natural lust: as David was inflamed at the sight of faire Bathsheba: but here needeth no other sorcerie or inchantment than the corrupt inclination of a mans owne affection: the devill doth but offer the occasion, and shew the object, hee draweth not the affection: but the corruption of the heart of it selfe is ready to apprehend and lay hold of the object set before it. Another way there is, whereby the affection is stirred, as when the evill spirit entereth, and possesseth any with madnesse and phrensie for the time; not changing the understanding, or will, but troubling the vitall spirits, and inflaming the blood, and so incensing unto lust. The third way is, when Satan entreth not to disquiet the bodie, and trouble the spirits, but externally offereth violence, transporting and carrying (by Gods permission) bodies from place to place: which is no hard thing for Satan to doe; and so hee may bring one to the place where their lover is, Tostat. qu. 13.3. But here two things are to be considered: 1. That Satan directly cannot worke upon the heart of any in the immediate change or alteration of their affections, but hee doth it by meanes, either externall, in moving by objects, or by internall provocation and stirring of carnall lust. 2. That he hath not the like power over the servants of God, which he exerciseth over carnal men which are his owne vassals: he ruleth in the children of disobedience, as he listeth: as the Apostle saith, They are taken of him at his will, 2 Tim. 2.26. But the faithfull doe resist him by faith, 1 Pet. 5.9. So that his tentations cannot fasten upon them, to intangle them further than God shall see it good for the triall of their faith. This is made evident by that storie of Iustina the Virgin whom Cyprian (then a dissolute young man, and given to Art Magicke, but afterward a most holy and constant Martyr) loved exceedingly: and when he was not able to prevaile with her by any allurements, hee called for the Devils helpe to bring her unto him, who by faith chased the evill spirit away, Ex Tostat. qu. 13.