Commentaries, Commentary on Judges · Chapter 1 · Verses 14-15
14 And it came to paſſe, as he went, ſhe moued him, to aſke of her father a fielde and ſhe lighted of her Aſſe, and Chaleb ſayde vntounto her: What wilt thou?
15 And ſhe aunſwered him, geue me a bleſſing, for thou haſt geuen me a drye lande, geue me alſo ſpringes of water. And Chaleb gaue her ſpringes both aboue and beneath.
In the xv. chap. of Ioſua, where all theſe things of Achſah and Othoniel are rehearſed in maner, by ſo many wordes,Dauid kimhi onelyonly thre differences are perceaued in the word. One is, that which is here Techitioth and Alioth, is there Techitith & Alith. Moreouer there it is ſaid Tinna & here is Hicah. Laſtly there is Scadah & here is Haſchadah. R.D. Kimhi hath noted theſe things. For ye interpretors of ye Hebrues are moſt preciſe, yea in obſeruing the very prickes, I would they were as quicke in ſight & diligēt in rendring reaſons of annotatiōs. Hachſah perſuaded & prouoked her huſband, to aſke the field of Chaleb her father, which I therfore tell you, bicauſe the Latine trāſlation is corrupted. For it hath that the huſbād perſuaded the wife to aſke the field of Chaleb. The pollicy of Achſah.Furthermore by this we may conſider the ſharpeneſſe of the witte of a woman. She therfore moueth her huſband, to aſke the field, bycauſe ſhe was perſuaded with her ſelfe, that her father would not deny him that whiche he ſhould aſke. (She thought moreouer that if her huſband obtayned the field, ſhe ſhould eaſely by her ſelfe afterward obtayne the waters, wheras if ſhe ſhould hauehave aſked them both at one time (namely the field and the waters) it might peraduenture be hard to obtayne both together. But if the field were firſt geuen to her huſband, her father might be coūted very hard, if he ſhould deny his daughter the waters, ſhe requiring thē of him. And in aſking ſhe wiſely watched a fitte tyme, namely when ſhe ſhould be brought to her huſbād: for then parents are wont to ſhewe thē ſelues more gētle towardes their childrē, whē they ſe yt they ſhalbe by & by taken frō thē. Wherfore thoughe they were at other times hard, thē yet they ſomwhat relent. In this reaſon of the petitiō I hauehave followed Leui the ſonne of Gerſon, Leui the ſonne of Gherſon.who expoundeth that Hachſah would therfore hauehave her huſbād to aſke ye ground firſt yt ſhe might the better afterward deſire the waters. But R.D. Kimhi. in interpreting of ye boke of Ioſua, ſayth, yt he, namely Othoniel would not aſke it,D. Kimhi. wherfore the womā her ſelf was conſtrayned by her ſelfe to aſke her father. And this ſemeth to be ye meanyng of this interpretor, Chaleb had before geuē vntounto his daughter ye field, as lād for her dowry, ye ſoyle wherof was dry & barrē, wherfore ye witty maydē toke occaſiō to aſke, yt it might be fertile thoroughe water. But howſoeuer it be, it ſkilleth not much, let vsus only deligētly marke this, yt Chaleb was liberal & honorable. For that he graunted his daughter both the waters aboue, & the waters beneath.
She lighted of her Aſſe. She lighted, to declare her due obeyſaunce towardes her father, and to make her peticion the more acceptable, and ſhe ſo lighted that ſhe kneled on the grounde with her knees, as the Hebrew word ſignifieth. For the Hebrewes vſe that worde, Sanach, when they will ſignifie a ſtake or wedge or any ſuch thyng to be driuen. To be ſhorte, ſhe aſked vponupon her knees thoſe thinges whiche ſhe deſired. Rebecka alſo, as it is written in the booke of Gen. whē ſhe ſawe Iſaak to whom ſhe was brought for to be hys wife, ſhe lighted of her camele wheron ſhe ſat. Neither let vsus meruayle that Achſah beyng the daughter of a prince rode on an Aſſe:Aſſes are very vſed in Siria. ſeing that in Siria Aſſes are very muche vſed: for this kynd of beaſt, whiche is of his owne nature cold, is more vſed in hotter countreys, than in regions towarde the northe. And as we ſhall heare in this hiſtorye, fifty ſonnes of a certain iudge road vponupon fiftye Aſſes. Mephiboſeth alſo the nephew of Saul the kyng, and Balaam the Prophete vſed this kynd of beaſte.Riuers & fountaynes of waters are muche ſet by in Siria Why GOD brought hys people to drye regions. Neither is it in vayne that this requeſt for waters is ſo diligently deſcribed in this place: for as muche as Siria hath grounde fertile enoughe, but that it wāteth water here and there. Wherfore it commeth to paſſe that riuers and fountaynes of waters are muche eſtemed in thoſe places. And God of purpoſe brought his people to theſe ſo drye regions, neither would he hauehave them dwell in watery places, that they wayling for water might continually depend vponupon hym, and thereby might hauehave the better occaſion, to pray the oftener to the heauenly father, and the more ſeruently to obſerue his commaundements. Neither hath God him ſelfe left this his counſell vnmēcioned of in the holy ſcriptures.
The Hebrewe maydēs which had dowerye landes, myght marye out of their own tribeSuch things as Chaleb geueth his daughter, belong (as ſome thincke) either to the dowery or to the augmentatiō therof, whiche might be done by the ciuile law of that nation. For it was not forbidden, ye wiues might not geue ground, and landes to their huſbandes in the name of a dowery, ſo that they maryed in their owne tribe and familie, as now Achſah was geuen to Othoniel, who aſſuredly was of the ſame tribe and familie that ſhe was of. But if ſhe had maryed in an other tribe, it had not ben lawfull for her to geue grounde and landes to her huſband by the name of a dowery. For God had commaunded, and that diligently and preciſely, that grounde and landes in eſpeciall commyng by inheritaunce ſhould not be alienated from their families for mariages ſake. And the daughters of Zalphead gaue an occaſion of this lawe makyng, as it is written in the booke of Num. the 27. and 36. chap. For thoſe maydens, hauyng no brethren, obteyned of God by Moyſes, that they might not be put beſide their Fathers inheritaunce, but that in the deuiſiō of the lande of Chanaan thoſe landes might be aſſigned vntounto them, whiche ſhould hauehave ben geuen either to their father or to their brethren. But this was expreſſedly commaunded them that they ſhould not mary out of their owne tribe and familie.
Whether huſbandes in the olde tyme receaued doweryes of their wiues.But whether huſbands receaued doweryes of their wiues before the law, it is vncertain. The ſeruaunt of Abrahā rather gaue giftes to Rebecka thā receaued, for as much as he brought with him golden and ſiluer veſſels in the name of Abraham and Iſaak to be geuen to his wife. But there is no mētion made of the maydens dowery. Iacob alſo ſerued for his wyues, ſo farre was he frō receauyng any thyng of thē in the name of a dowery Sechē alſo the ſonne of Hemorh inordinately louyng Dina the daughter of Iacob, with whome he had committed fornication, ſayd vntounto the ſonnes of Iacob: Increaſe her dowery as ye liſt, I will refuſe no condition, ſo that I may hauehave your ſiſter to wife. How be it I can not tell, how ye cuſtome of the auncient fathers in not taking but geuing doweries to wiues which they ſhuld mary, ought to be cōmēded, yet I thought good to rehearſe thoſe thinges which I hauehave read of this matter by ye way. And to begyn wt Magadorus (as it is in Plaucus) in his comedy Aulularia when he ſhould take to wife the daughter of a poore mā,Magadorus of Plautus. being alſo without dowery, commendeth hys counſell by theſe wordes. If (ſayeth he) other men would do after my example, the Citie would then be in better concorde, and enuie ſhould not be ſo ryfe among vsus, as it is. They, namely the wiues will feare vsus the more, and we ſhall kepe them with much leſſe coſt, &c. When I conſider theſe things, they ſeme to be very wiſely ſpoken. For now & then it happeneth, that one citie is after a ſort deuided into two parts, whē as the daughters of poore men are without hope, to mary with them that be more riche, either bicauſe of the ſmaleneſſe of their dowery, or els bycauſe they be altogether without dowery. For they obtayne that neuer but by a certain happe, or els very rarely. Wherfore the richer and mightier ſorte are much enuied & grieuouſly hated of the poorer ſorte. Beſides that, wiues that hauehave good doweries do not feare their huſbandes, yea they contemne and deſpiſe them, countyng them as vnworthy to be matched with them in mariage. Laſtly their ornamentes and luſtes can not be ſatiſfied but with extreme charges Plutarch ſayth in the Apothegmata of Licurgus, Plutarch.whē he was demaunded, why he had cōmaunded by a law that virgines ſhould mary without dowery, he aunſwered, to the intent ſome ſhould not be left vnmaried for pouertie ſake, or other ſome ſhould be to much laboured for, and eſtemed bycauſe of their riches, but that eueryevery man diligently conſidering the manners of the maydens, might choſe him a wife by her vertue. He ſheweth alſo in the 30. probleme,The lawe of Decemuiri. that a bride brought to the bridegromes houſe onelyonly a diſtaffe and a ſpindle. The Decem viri of Rome decreed alſo by the lawes of Solon, that a woman ſhould be without a dowery, and ſhould bring from her fathers houſe onelyonly thre garmentes & alſo certayne veſſels of ſmal price, bycauſe they would declare that the fellowſhyp of mariage is not confirmed by money, but by the louelove of children. Theſe certainly agree very trimme with that whiche is written of Paul and Vulpiā in the Pandectes of gifte betwene the huſband and the wife. It is written alſo of the Egiptians,The cuſtome of ye Egiptiās. that if they receaued dowery of theyr wiues, they ſhould be then counted, as their wiues bondemen. Whiche cuſtome did manifeſtly teache, that it ſeemeth both full of ignominie, and alſo vnprofitable, to ſeke a dowery for wyues, when as nothing is more noble than libertie, and nature hath ordayned that the huſband ſhould rule the wife.The maner of ye Spaniardes And it is written that the Spaniardes had a cuſtome that the wyues ſhould bring to theyr huſbandes a diſtaffe with flaxe on it, in ſteade of a dowery. I coulde make mencion of a great many beſides, to ſhewe, that all the men in the olde time allowed not, that huſbandes ſhould hauehave doweryes geuen them when they maried their wyues. But certainly the lawes of God make mention very oftentymes of a dowery. And I am aſſured that it was vſed ſomewhere before the lawe. In Exodus, he which had defiled a virgin, was bound to mary her, ſo that her father were content: which if he were not, then was he cōpelled to geue her a dowery, as the lawe ſayth the dowery of virgins is. Furthermore in the firſt booke of kinges .ix. chap. Pharao gaue for a dowery vntounto Salomon which had maryed his daughter Gazar, a citie whiche he had taken from the Chananites. Beſides this the Romane lawes, whiche otherwiſe are moſt ful of equitie of all other lawes, do make much mention of doweryes, and hauehave many whole titles, in whiche this thing onelyonly is entreated of.
But now ſeyng we are come thus farre,The definition of a dowery. it were good to defyne what a dowry is, that therby we may the eaſſyer knowe, howe much of godly men is to be attributed vntounto it in contracting of matrimonyes. A dowery is a right to vſe things, whiche are geuen to the huſband by his wife, or by others in her name, to ſuſtayne the burthens of matrimonye. And althoughe a dowery be properly ſayd a right of vſyng, yet notwithſtanding thoſe thynges which are geuen vntounto the mā, are oftentimes called by this word dowery. But the end is chiefly to be marked in this definition, namely to ſuſtayne the burthens of matrimonye. It ſemeth alſo that ſeyng the huſband beſtoweth very muche in noryſhyng hys wife, and honeſtly mayntaining her, iuſtice and equitie require that ſomewhat be recompenced vntounto him agayne.An errour concerning dowry Wherfore for as much as a dowery hath this foundation of iuſtice, there is no doubt but that it is a thing lawfull. But in it is an error not to be ſuffred, bicauſe ſome are not aſhamed to ſay, that by a dowery concorde betwene man and wife is the eaſelier obtayned.Frendſhyppe grounded on profit and pleaſure is weake. This both reaſon and experience teacheth to be moſt falſe. Who is ignoraunt, that that kynde of amitie whiche hath a reſpect onelyonly to profit, and whiche is founded only vponupon pleaſure, is very fraile and tranſitory? Moreouer experience teacheth, that mariages ſo contracted that no other thyng be conſidered but onelyonly beautye of the wife, & the dowery, hauehave very ill ſucceſſe. Wherfore thoſe are reprehēded by the cōmon prouerbe,Agaynſte to great dowryes and ſuch as be againſt all vertue & honeſty. Qui vxores oculis & digitis ducunt, ſuch as marry wiues with their eyes and fingers: that is whiche are moued onelyonly with beauty and money. Wherfore iuſt lawes ought not to take away dowryes, but ſeuerely to forbid, that they be not to much encreaſed, or that they be not contrary to vertue and honeſtye. Therefore the Romane lawes commaunded thoſe doweryes to be cut of, whiche were greater than the abilitie of the geuer could beare, as it is written in the Digeſtes of the lawe of doweryes. And contrarywiſe we muſt take hede, that the parentes or tutors being ouercome with couetouſneſſe geue not leſſe than honeſty requireth, as it is written in the title de dote inofficioſa. And bycauſe doweryes are geuen to ſuſtayne the burthens of matrimony, thoſe can not be excuſed, whiche when they hauehave receaued them of their wiues, are not affeard afterward to vſe their wyues vnworthily. They be beſides that vniuſte bycauſe they violate the lawe of God, by whiche they ought to louelove their wiues as them ſelues and their owne body, when as they will not conueniently helpe them with their owne goods. Yea there be ſome, whiche if they were not letted by publicque lawes would conſume, ſell and vtterly alienate their wiues doweryes. And yt that ſhould not happen, lawes, chiefly the Romane lawes hauehave diligently prouided for: for they decree that the dominion of the dowery ſhould remayne with the wiues althoughe the huſbāds had ye fruit & vſe therof as lōg as ye mariage ſhould laſt. But what, I pray you, ſhall I ſay of thē, which do ſuffer ſo grieuous & intollerable burthens of matrimony to be dayly augmented, in to much cokering & flattering of their wiues? Surely they ſinne moſt grieuouſly, for as much as now neither their own patrimony, neither their wiues doweries cā be ſufficient, they will ſo abound eueryevery way in ornamēts & ſumptuouſneſſe. How beit godly huſbāds & holy wiues ought to appoint all thinges moderatly. But why thinck we hauehave ye lawes ordained ſo many things, & by ſo many ways cōcerning doweries?Why the dowry ought to remayne for the wyues. Bicauſe they would kepe ye citizēs wtout hurt or damage, whē they marry & are ioyned together in matrimony. For it is expedient for the publicque wealth, yt if the huſbād do dye, ye dowery may remayne whole vntounto ye wife, wherwt if ſhe wil ſhe may mary agayn. Or if ye wife dye before, yt the dowry may ſerue to nouriſhe, apparell & bring vp the children gottē by matrimony.
But thou wilt aſke, wherfore are doweries ſayd to be geuen by this title to ſuſteyne the burthens of matrimony?A dowery is not the price of matrimony. Leaſt the ſame dowery ſhould be counted a price, as thoughe wiues & mariages were thinges to be ſold. For whiche ſelfe cauſe in the digeſtes, giftes betwene the huſband & the wife are prohibited, namely, that in matrimonyes already contracted, giftes betwene the huſband and wyfe ſhould not be receaued. Furthermore when as diuorcements were geuen by that ciuile lawe, if giftes betwene man and wife had ben lawfull, mariages ſhould moſt eaſely hauehave ben diſſolued.foreign. For if one of the maried would not geue vntounto the other as muche as he would demaunde, he ſhoulde by and by hauehave ben repudiated. The men in dede might geue certaine giftes vntounto their wyues before the mariages, whiche were called ioyntures, as ſome certaine recompencinges of the dowery. But when they were once maried together, the Romane lawes permitted not that they ſhould geue giftes one to an other. Of whiche thing Plutarch alſo hath made mention, out of whom neuertheleſſe is brought an other reaſō, thā ye which I ſhewed to be taken of ye lawes. Theſe be ye words in the 35. &, 36. precept of matrimony: Certain bodies are ſaid to conſiſt of ſeuered things, as an hoſt, & an nauy, other bodies of things ioyned together, as a houſe and a ſhip: other ſome are vnited & congeled together as al liuing creatures are. Wherfore matrimony which conſiſteth of liuing creatures is vnited and ſetled together. But ye matrimony which cōſiſteth either for dowry ſake, or for childrē longeth to bodies ioyned together. And ye which conſiſteth for pleaſure & carnal copulation, may be numbred among the ſeuered bodies. For there man & wyfe may be ſaid to dwel together, but not to liue together. And as in liuīg creatures the temperatures of humors run through out all the partes: ſo mariage muſte mingle bodies, money, frends & kinſfolkes together. And ye maker of ye Romane lawes forbad perſons coupled in matrimonye to take or to geue giftes one to an other, not to the entent they ſhould not be partakers of any one thing, but that they ſhould thinke all things to be cōmon, &c.Certayne maydens had dowryes oute of the treaſorye. But theſe things are to be vnderſtand of free giftes & not of doweryes, which otherwiſe were both lawful & alſo much vſed in the Romane publique wealth. For the daughters of Scipio, Curius and Cincinnatus had dowryes out of the treaſorye, bycauſe of the pouertie of their parentes, to the intent they ſhould not be maried without doweries.
Yea and ye generall councell holden at Orleaunce (as it is rehearſed in the .30. The generall councell holden at Orleaunce.Queſti. 5. chap. Nullum ſine) decreed yt no matrimony ſhould be contracted without a dowery. Let the dowery (ſayth it) be according to the habilitie, neither let any perſon preſume to marry but publiquely.It is falſe that matrimonie can not be cōtracted without a dowrye. This Canon I gladly allow in yt it condemneth ſecret mariages: but in that it decreeth ye matrimonies can not be contracted without a dowery, for as much as it is not confirmed by the teſtimony of the word of God, I can not admit it. For there are & hauehave bene very many which hauehave maried wiues cleane without any dowery, yea & thoſe mē of ſo great honeſtye and authoritie, yt it ſhould ſeme very raſh to condemne their fact, ſeing the holy ſcriptures are not againſt it: neither do I iudge that matrimony ſhould by any meanes be denied to thoſe womē which are without dowery, if thei hauehave nede of matrimonye. Paule furthermore teſtifyeth, ye matrimonye ſhadoweth the coniunction of Chriſt with the church: wherfore if we ſhould loke vpō the truth, the church had nothing which it could offer vntounto Chriſt in the name of a dowry, yea rather (as Ezechiel teacheth) God found it rolled in bloud and myre. The fathers in the old teſtament ſeme to hauehave had wiues ſometimes withoute dowries. Wherfore it ſemeth to be decreed, ye men may and yt it is lawfull to receaue doweryes when they are geuen, & that the ſame cuſtome is honeſt, ſo that ye iuſt meane be not exceded, and he which marieth be not allured to matrimony by ye name of the dowery as the principall cauſe. The manners and godlineſſe of the wyfe ought chiefly to be regarded, neither ought any man by and by to perſuade himſelf. If I ſhal marry a wife without a dowery, I ſhall therefore hauehave her the better and the quieter,Ierome. The wyfe of Law. ſeing (as Ierome declareth in his fyrſt booke againſt Iouinian) Cato Cenſorius had Actoria Paula to wyfe, who was borne of a baſe kinred, who was poore alſo and without a dowerye, and yet for all that ſhew as a dronckard, weake, and proud vntounto the ſame Cato.