Explication of the Judicial Laws of Moses, Part 1 · Chapter 23
CHAPTER XXIII. Whether a man may ſell his ſonne for debt, or not?
MAT. 20. 25. But for as much as he had not to pay, his Lord commanded him to be ſold, and his wife and children, and all that he had, and payment to be made.
THere are three ſorts of commanding in the family; the firſt is Herilis poteſtas; the ſecond is Maritalis poteſtas; and the third is Patria poteſtas; theſe three ſorts of power differ.
Herilis poteſtas, is like the government Monarchicall, which hath more abſolute commandement to diſpoſe of things, ſo had the Maſter, Mat. 20. 25. over his ſervants, when he commanded the man, his wife and children to be ſold.
The ſecond ſort of commanding in the family, is the authoritie which the man hath over his wife, and this is like the Ariſtocraticall power, for the man in his neceſſitie, may not ſell his wife to ſet himſelfe at libertie, Et uxor non eſt in bonis, ſhe is not a part of his goods.
The third ſort of commanding in the houſe, is Patria poteſtas; and here the father hath a greater authoritie over the children, for they are a ſpeciall part of their fathers poſſeſſion, Deut. 32. 6. Ipſe eſt pater tuus qui poſſedit te? Is not he thy father that hath bought thee? The Lord permitted a man to ſell his children under the Law, Exod. 21. 7. If a man ſell his daughter to be a hand-maide. So Ezra 2. 5. the Iewes being in debt ſold their children.
Iacob when he made his latter will, Gen. 42. 22. he ſaith, I gaue to thee one part aboue thy brethren, which I conquered with my bow and with my ſword. Iacob himſelfe never purchaſed Sichem, but his ſonnes purchaſed it when they killed the Sichemites. Why doth he ſay then, which I hauehave purchaſed with my Bow? The reaſon of this was, becauſe Iacob was Lord over his children, and over all that they conquered.
A father hath ſuch authoritie over his ſonne, that he might ſell him untill he was ſui juris, that is, untill he was one and twentie yeares old. Firſt, he might ſell him before he was ſeven yeare old; then he might hauehave ſold him the ſecond time, untill he was fourteene yeare old, if his debt had not beene payed: and thirdly, he might hauehave ſold him untill he was twentie one. So he might ſell his daughter. Exod. 21. 7. It is not underſtood here, that he might ſell his daughter when ſhe was readie to be married, but ſimply, he might ſell her at any time. And the Lord alludeth to this forme, Eſay Alluſion.50. 1. Which of my Creditours is it, to whom I hauehave ſold you? The father might ſell himſelfe, therefore he might ſell his ſonne, becauſe his ſonne is but a part of himſelfe.
But there are ſundry things which cannot be ſold Object. Quia nullam admittunt aeſtimationem, as bloud, chaſtitie, libertie, and ſuch like.
This was not properly a ſale, but only an enterchange Anſw. of his libertie for his fathers redemption. Non eſt conditio abſoluta, ſed quaſi ſub pacto, tenetur enim emptor filium D. ll. 2. Cap. de Patribus qui filios diſtraxerunt.reſtituere, ſi juſtum pretium offeratur illi; That is, this condition in ſelling of his ſonne was not abſolute, but the contract was ſo made, that the buyer was bound to …ſtore his ſonne backe againe to him, if he had offered him a ſufficient price.
In the naturall body, the hand or any other member will caſt up it ſelfe to ſaue a ſtroke from the head; ſo ſhould the naturall ſonne doe to relieue his father. Ruben offered himſelfe in ſtead of Benjamin, to be a bondſervant, Gen. 44. 33. Now if Ruben offered this for his youngeſt brother, much more ſhould the ſonne offer to become a bond-ſervant for his old father.
The concluſion of this is, the children ought not to lay up for the Parents, but the Parents for the children, 2 Cor. 12. 17. yet to ſupply their fathers neceſſitie, they ſhould be content to quite their libertie, and all that they hauehave for their fathers libertie.