Commentary on Genesis and Exodus, Theological treatise · Chapter 23 · Questions · Question 16 – Question 20
QUEST. XVI. Whether all kinde of gifts are unlawfull.
1. SOme thinke that all gifts are not unlawfull, which are given to Judges, and they make this difference: some gifts are for gaine and lucre, as silver, gold, and such like: some are for meat and drinke, and these were by some Lawes allowed to be taken, especially after sentence given. And these circumstances, further they would have considered in gifts: 1. Who giveth, if the rich to him that is poore, it is so much the more suspicious: 2. The quantity of the gift, if it be but small it is not like to corrupt the minde: and therefore Tostatus saith, Ecclesia Romana non consuevit in his interpretari accipientem delinquere vel donantem, The Church of Rome useth not to interpret that the giver or taker offend in these small gifts. But it is no marvell, that their Church which loveth gifts so well, according to the saying, Omniae venalia Romae, All things are saleable at Rome, doth give such a favourable interpretation of bribery. 3. The time of giving must be considered: if one give unto him in his necessity, it is not presumed that he did it to corrupt his mind, as to releeve his want, Tostat. As though it be not so much more like to corrupt the Judge, when he receiveth a gift in his great necessity.
2. Therefore, this text seemeth to condemne all gifts, great or small, given to whomsoever, rich or poore; and whensoever, being given to obtaine favour in their cause: for a generall reason is given; because all such gifts doe blind the eyes and judgement of the wise, which are here called the seeing: and as the word ghiver, in piel, signifieth, doe not only blind, but pull out their eyes: as in the same mood it is said, Ierem. 52.11. That the King of Babel put or pulled out the eyes of Zedekiah, Oleaster. And in another sense, the word ghur, signifieth, evigilare, to awake: so gifts cause the eyes of the prudent to awake, and attend upon the unrighteous cause, Oleaster. But the other sense is more fit here: they are said to blind their eyes, either that their judgement being corrupted, they see not what is just or right, as lovers are blinded in that which they love: or though they see what is just, yet they are turned by gifts, to give wrong judgement against their owne conscience, Simler. These gifts also pervert the words of the just: their heart also is first perverted, but mention is made of words, because, principalis subversio, &c. est in verbis Iudicis, the principall subversion and overthrow of the righteous cause, is in the words of the Judge, Tostat. qu. 8. They are called still righteous, though now corrupted, because they were so indeed before, and seeme to be so still to themselves and others, Simler.
3. Wherefore if all gifts doe blind the eyes of Judges, and pervert their words; then it is not safe to receive any gift in that kinde, which is given for the furtherance of ones cause. No, it is not lawfull for a Judge to take a gift, to give right judgement: Nam de vend…tione justi judicii veniretur ad venditionem nequissimi, Lest from selling of just judgement, they should fall to sell unjust judgement, Tostat. It is not lawfull, no not to buy or sell Justice in a good cause.And as it is unlawfull to sell justice, so it is also to buy: as S. Paul might have beene delivered for a reward, Act. 24.25. but he chose rather to answer at Rome. And in the ancient Church they were noted, which did give money for their liberty, that they might not be compelled to be present at the Gentiles idolatrous sacrifices, Simler.
4. So then, howsoever the Canon law, and the practice of the Church of Rome doth tolerate small gifts, yet it is the safest way, not to accept of any at all. And herein the ancient Romane lawes are to be preferred, which, as is extant in their 12. Tabulae, capite puniendum Iudicem, &c. did decree that Judge to be punished with death, which tooke money to give sentence in a cause. Dioclesian also made a Law, that a sentence pronounced by a corrupt Judge, ipso jure infirmam esse, by the Law should be void, and to be suspended by appeale: Lystat being asked why he received not gifts of the Messerians, answered, Quia in lege justitiae peccatur, Hee should have offended against the Lawes of justice: Innocentius also hath a good saying, speaking of corrupt Judges, Vos non attenditis merita causarum, sed personarum, non jura, sed munera, non quod ratio dictet, sed quod voluntas affectet, non quod lic…at, sed quod lubeat, &c. pauperum causam cum mora negligitis, divitum causam cum instantia promovetis, &c. You doe not consider the merit of the cause, but of the persons, not right, but gifts, not what reason enditeth, but what will affecteth, not what is lawfull, but what you list, &c. the cause of the poore you neglect by delaying, the cause of the rich you are diligent in promoting: therefore Tostatus here resolveth, and concludeth well, that howsoever the Canons doe tolerate the receiving of small gifts, yet it is better, Si volunt effugere conscientiae scrupulum, ut nihil omnino accipiant, If they will avoid the scruple of conscience, that they take nothing at all.
5. A gift then is of great force, it prevaileth much: as the Wise-man saith in the Proverbs, chap. 17.8. A reward is as a stone pleasant in the eyes of them that have it, it prospereth whither soever it turneth. As a precious stone shineth every way, so a gift is available to any purpose. Gifts doe much hurt in private matters, as Amphiarans wife, being corrupted with a precious jewell, betrayed him: and Procris chastity was overcome with a gift: but in publike affaires gifts doe much more hurt, as well in civill, as Philip King of Macedonia, non tam armis, quam auro expugnavit libertatem Graecia, did not so much by force and armour, as by gifts and treasure overthrow the liberty of Greece. As also in Ecclesiasticall matters, where simonie doth as much hurt, as bribery in the Common-wealth: for they which by corrupt meanes attaine to the great preferments of the Church, must needs also corruptly administer the same. A… the Prophet Ezechiel noteth the false Prophets, which for handfuls of barley, and peeces of bread, did prophesie false things, chap. 13.18. Simler. Therefore seeing the Spirit of God hath set it downe, that gifts and bribery doe corrupt and blinde, Nimia eorum est impudentia, &c. They are very impudent and shamelesse, that will make their boast notwithstanding, that though they receive gifts, they can give right judgement, Gallas.
QUEST. XVII. Why strangers are not to be oppressed in judgement.
Vers. 9. THou shalt not oppresse a stranger. 1. Some thinke that this is a repetition of the former Law, chap. 22.21. Thou shalt not doe injury to a stranger, that it may appeare, quanta cura domino sint peregrini, &c. how carefull God is of strangers, Lippom. And because the Israelites were given to be inhumane and hard toward strangers, as the Jewes are to this day, that contemne all people beside themselves: the Lord saw it necessary often to inculcate this precept, Simler. But rather I thinke with Cajetane and Gallasius, that this is a new Law: Illud communiter, hoc specialitèr datur judicibus, testibus, accusatoribus: That was given in generall, this in particular to Judges, witnesses, accusers. 2. And to this end God so provided in his wisdome, that the Israelites and their fathers should be strangers and sojourners in other countries, as in Canaan, and Egypt, ut captivitatis & peregrinationis miseriam discerent, to learne by experience what the misery of captives and strangers was, that they might the better know how to have pity on the like: Nemo libentius hospitem sine tecto suo introducit hospitio, &c. No man more willingly receiveth him into his house, that wanteth lodging, than he that was sometime without lodging himselfe: no man sooner feedeth the hungry, and giveth the thirsty drinke, than he that felt hunger and thirst himselfe,De vita Christian…. &c. August. 3. And whereas it is added, You know the heart of a stranger: the meaning is, how full of care and griefe they are, that you need not afflict them more, Simler. that they are destitute of friends, and had need to be so much the more pitied, Tostat. and seeing strangers are no inhabitants, but such as passe thorow the country, they should not be stayed nor hindred, ut iter suum posset exequi, that they may finish their journey, Lyran. You know also by your selves their hearts, how ready they are to call unto God for helpe against their oppressors, as you did in Egypt, Simler.
QUEST. XVIII. Of the divers festivals of the Hebrewes.
Vers. 10. SIx yeeres thou shalt sow thy land, &c. The Hebrewes had divers kindes of festivall dayes, which all tended to the honour of God. Now, impendimus honorem Deo, &c. wee doe give honour unto God either for an eternall benefit, and so they had juge sacrificium, every dayes sacrifice: or for some temporall, which is either generall, as of our creation, in remembrance whereof they kept the seventh day holy: or of our preservation, ideo erat festum Neomemae, therefore they kept the feast of the new Moone every monethmonth: or speciall, as of some speciall benefit and deliverance, in remembrance whereof they had their festivals of weekes, as Pentecost; of moneths, as the seventh monethmonth; of yeeres, as the seventh yeere,In Epistol. ad Colossens. cap. 2. and the seventh seventh yeere, which was the Jubile, Thomas.
QUEST. XIX. Why the land was to rest the seventh yeere.
Vers. 11. BVt the seventh yeere thou shalt let it rest, &c. 1. The land is said to rest in two respects: First, in a metaphoricall sense, as we are said to rest, when we cease from labour; so the earth is said to rest, when wee forbeare labouring therein. Againe, because the earth when it is plowed to bring forth fruit, sendeth out the strength and nourishment thereof, which is abated and weakened by continuall bringing forth of fruit: for which cause wee see by experience, that Husbandmen doe let their grounds lye fallow, and rest to gather strength: therefore in this respect also it is said to rest, Tostat. qu. 9. And although by this rest of the seventh yeere, both the earth waxed stronger for to beare fruit afterward, and the beasts also of the field were provided for: yet this was not the speciall end of this seventh yeere of rest: but these were the reasons of the institution thereof: 1. That the poore might by this meanes be liberally provided for, when they might freely without any let, reape the fruit of the ground, of vineyard, and olive trees, Tostat. 2. It was a benefit also to the servants, who this yeere were set at liberty; and as they had every weeke a day of rest, so now they have every seventh yeere a whole yeere of rest and intermission. 3. Beside, the rich hereby were taught to moderate their greedy desire, in gathering and laying up the fruits of the earth without any end, Gallas. And in this yeere the rich man tooke care as well as the poore, What shall I eat? Therefore the Lord would teach them by experience what the state of a poore man was. 4. This also was a type and figure of their spirituall rest in Christ, which should be accomplished in the kingdome of God, as this seventh yeere of rest was made perfect and full in the yeere of Jubile, Simler.
QUEST. XX. What the poore lived upon in the seventh yeere.
BUt here a further question ariseth, what the poore did eat this yeere, and that which they left, the beasts of the field did eat. 1. Augustine is of opinion, that they did sow the seventh yeere, as they did in the six yeeres, yet they did not reape or gather their fruit this yeere, but left it to the poore. But this is against the text here: for six yeeres they are bidden to sow, and gather their fruits, but the seventh to let it rest: therefore there here being an apparent opposition betweene the six yeeres and the seventh, in the seventh they were neither to sow, nor reape; but it is yet more evident, Levit. 25.4. in this seventh yeere the Lord saith, Thou shalt neither sow thy field, nor cut thy vineyard. And so it is the opinion of Iosephus, and generally of the Hebrewes: and with them consent Lyranus, Tostatus, Simlerus with others, that the land did rest upon the seventh yeere from all manner of labour and tillage: for it would have seemed an hard thing to the stiffenecked Hebrewes, if they should have sowed, and others reape. 2. Cajetane thinketh that the poore lived by selling of such herbes as grew of their owne accord that yeere in the field: vendebant eas, & ex earum pret… vive…, they sold them, and lived of the price of them: but the text saith, The rest of the land shall be meat for you▪ Levit. 25.6. they then did eat of that which grew in the field. 3. Wherefore they lived not only of the herbes which grew in the fields, but of the fruit of vines, and olives, and other fruitfull trees. Beside, they had a kinde of harvest, of the seed which was shed the former yeere: as in some countries yet, that are fruitfull, the seed which was left after harvest doth bring forth abundance, Gallas. Simler. and therefore it is said, Levit. 25.5. That which groweth of it owne accord of thy harvest, thou shalt not reape, &c. 4. And beside this common provision which came of it selfe out of the ground, which as well the owner, as the poore, and strangers gathered for their use, Levit. 25.6. the fruits of the sixth yeere were by Gods promise in such abundance, as that they served for three yeeres, the sixth, seventh and eighth, till the ninth yeere, Levit. 25. vers. 21, 22.