Commentary on Genesis and Exodus, Theological treatise · Chapter 23 · Questions · Question 7 – Question 12
QUEST. VII. Why merciemercy is to be shewed toward the enemies oxe and asse.
Vers. 4. IF thou ma… thine enemies oxe, &c. 1. Because civill suits and controversies for the most part proceed of evill will and enmitie: therefore unto the former lawes are annexed these two caveats, to cut off enmitie, and to maintaine love and friendship, Simler. 2. Though an instance be onelyonly given of the enemies oxe or asse, yet it must be understood, de omni domestico animali, of every domesticall beast in like manner, Lyran. And of whatsoever belongeth unto our neighbour, Lippoman. 3. Neither is this law made concerning oxen, or asses, as the Apostle saith in another case, Doth God take care for oxen? 1 Cor. 9. But the speciall intendment of this law is, that there might be reconciliation among men. It was some pleasure to the beast, which might otherwise be devoured of some wilde beast, if it were not brought home; and to the owner, which might also lose his beast, Tostatus. But the speciall scope of this law is: First, because the Jewes were cruell, to teach them to shew and exercise merciemercy toward bruit beasts, Vt eo facilius inducerentur, &c. That they might more easily bee induced to shew it toward men, Lippoman. Et ut hac ratione odientis animum sibi conciliet, And that by this meanes hee might winne the heart of his enemie, if he were not altogether implacable, Isidor. 4. There are two words here used, a…ab. which signifieth to be an enemie, and shana, to hate: one may hate not being hated, but an enemie is said to be, where there is mutuall enmitie on both sides. It is an easier matter to doe good to one that hateth, where there is no hatred shewed againe, than to an enemie that is hated againe: therefore both words are used, that wee should shew kindnesse, as well where there is a mutuall and reciprocall hatred and enmitie, as where one is hated, and hateth not againe, Tostat. quaest. 3. 5. God by this law doth not either command or permit, that men should bee enemies: but being imperfect of themselves, and subject to enmitie, hee sheweth how they should become friends, as when it is said in the Psalme, Be angrie and sinne not, we are not willed to be angrie; but if we chance to be angrie, we are taught how to moderate it, that wee sinne not in our immoderate anger, Tostatus quaest. 3. 6. By this law we learne that there are two kinds of injustice: one of them, qui inferunt injuriam, which offer wrong unto their neighbours; the other of them, qui non propulsant injuriam, which doe not keepe wrong from them, when it is in their power, Borrh. 7. And further, this law sheweth the agreement betweene Christ and Moses, and betweene the new and old Testament, which both command us to love our enemies. Therefore Chrysostome is deceived who thinketh that those precepts, Thou shalt love thy friend, and hate thine enemie, In hom. sancter. Joan. & ….terren… & carnali populo secundùm tempus datae sunt, were given unto the earthly minded and carnall people according to the time: and that Christ gave another rule in the Gospell, to love our enemies: for it is evident that this law commandeth us even to love our enemies. And the Wise-man more evidently in the Proverbs sheweth the same, chap. 25.21. If thine enemie be hungrie, give him bread to eat, if he be thirstie, give him water to drinke, &c. Therefore we see that Christ in the Gospell, non ferat novam legem, sed veterem tantum exponat, doth not make a new law, but onelyonly expoundeth the old, Lippoman. That therefore was no precept of the law, but the Pharisies glosse, That they should love their friends, and hate their enemies.
QUEST. VIII. Whether it is to be read, Thou shalt helpe him, or, lay it aside with him.
Vers. 5. THou shalt lay it aside with him. 1. The most doe here reade, Thou shalt helpe him up with it. This sense followeth Calvine, Cajetane, Osiander, Paguine: as the like law is extant, Deut. 22.4. Thou shalt lift them up with him. But the word ghazab is seldome found in that sense, but signifieth ordinarily and properly, to leave, or forsake. 2. Therefore it is best translated, Thou shalt leave, or lay aside the burthen, that the asse which cannot rise under his burthen, it being put aside, may the better stand up upon his legges. But this sense being retained, there are divers readings used, and interpretations given. 1. Some reade it with an interrogation, Wilt thou indeed leave it with him? Vatablus, Oleaster: and so understand here a negative, to answer the interrogation, Nequaquam, No, thou shalt not. 2. Some reading this clause without an interrogation, and understand it of the leaving or laying aside of his hatred. or enmitie. So the Chalde. 3. But the best reading is, to pronounce it without an interrogation, as Montanu…, and to referre it to the burthen of the beast, as is before shewed, omnino dep…nito cum eo, put it aside together with him, that is thine enemie, Iunius. 4. And though mention be made onelyonly of easing the asse under his burthen; yet all other the like kinde of helpe is understood: as if the beast be otherwise in danger, as like to bee strangled, or drowned, whether hee have a burthen or not: in these cases …
QUEST. IX. How the poore mans cause is perverted in judgement.
…
QUEST. IX. Against lying in judgement, and how it may be committed.
…
QUEST. XI. Who are meant here by the just and innocent.
Vers. 7. THou shalt not slay the innocent and the righteous. 1. This is to be understood of slaying, by giving sentence against such judicially: for out of judgement neither is the guiltie and unrighteous person to be slaine, Cajetane. 2. R. Salomon by the innocent understandeth him, that is cleere in his owne conscience, but yet condemned by false witnesses: that the Judges in this case, when an innocent partie goeth from them condemned, if any doe stand up to cleere them, as Daniel did for Susanna, they should be heard. By the just he would have understood him, that is indeed guiltie, but yet freed in publike judgement: that in this case if any doe appeare to prove him guiltie, hee should not be admitted, &c. But the righteous and innnocent are here taken for all one, as it may appeare by the opposite part, I will not justifie a wicked man; the innocent and righteous is set against the wicked. And beside, it is as acceptable to God to punish the wicked man, as to cleere and set free the innocent. 3. Cajetane and Tostatus make this difference, Mundus est, qui non commisit hòmicidium, &c. Hee is the cleane and innocent man, which hath not committed murther, adulterie, or any such crime: he is the just and righteous man, which hath done some just thing, or some good worke. But this distinction is here too curious and unnecessarie: for men use not to bee brought in question for their good works, but for evill, whereof they are either justly, or wrongfully accused: and so David taketh both these for the same, Psal. 4.8. Iudge me O Lord according to my righteousnesse, and according to mine innocencie that is in me. 4. God therefore here forbiddeth Judges to condemne the innocent for guiltie: as Naboth was, Susanna, and Ieremie, with the rest of the Prophets, Gallas. 5. Judges are not to condemne the innocent, Etiam si à superiori Iudice jub…mur, &c. Though they should be commanded by the superiour Judge: as the Elders of Israel put Naboth to death at the commandement of Iezabel, Lippoman.
QUEST. XII. In what sense God is said not to justifie the wicked.
FOr I will not justifie the wicked. 1. Some make this to be the meaning of this reason: that God would have Judges looke unto him, in whose place they are: that as God doth not justifie the wicked, nor condemne the righteous, so neither should Judges, Marbach, Pelarg. 2. R. Salomon maketh this the sense, according to his former exposition; taking the just, for him which is so in the triall of mans judgement, yet guiltie in his conscience, and before God, that yet the Judge should not put such an one to death: for though he be freed by the judgement of man, yet he cannot escape the hands of God: he will not justifie him. But this exposition is overthrowne before, that a just man is not here taken in that sense. 3. Therefore this rather is a menacing speech; that God will be avenged even of the unrighteous Judge, Iun. Quicunque impie facit sive suo sive alieno arbitrio, &c. Whosoever doth wickedly either of his owne minde, or following anothers direction, the Lord will punish it, Lippoman.