Selected quad for the lemma: master_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
master_n	daughter_n	lord_n	marry_v	3,994	5	10.3011	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A15408	Hexapla in Genesin & Exodum: that is, a sixfold commentary upon the two first bookes of Moses, being Genesis and Exodus Wherein these translations are compared together: 1. The Chalde. 2. The Septuagint. 3. The vulgar Latine. 4. Pagnine. 5. Montanus. 6. Iunius. 7. Vatablus. 8. The great English Bible. 9. The Geneva edition. And 10. The Hebrew originall. Together with a sixfold vse of every chapter, shewing 1. The method or argument: 2. The divers readings: 3. The explanation of difficult questions and doubtfull places: 4. The places of doctrine: 5. Places of confutation: 6. Morall observations. In which worke, about three thousand theologicall questions are discussed: above forty authors old and new abridged: and together comprised whatsoever worthy of note, either Mercerus out of the Rabbines, Pererius out of the fathers, or Marloran out of the new writers, have in their learned commentaries collected. By Andrew Willet, minister of the gospell of Iesus Christ.	Willet, Andrew, 1562-1621.; Willet, Andrew, 1562-1621. Hexapla in Genesin. aut; Willet, Andrew, 1562-1621. Hexapla in Exodum. aut	1633 (1633)	STC 25685; ESTC S114193	2,366,144	1,184

to cure and heale the diseased as our Saviour healed the woman that had beene bowed together upon the Sabbath Luk. 13.11 And at another time hee recovered a lame man upon the Sabbath day and bid him take up his bed and walke Ioh. 5.8 Thirdly works tending to pietie were not inhibited upon that day as the Priests did offer sacrifice and doe other bodily works that belonged thereunto and therefore they are said to breake the Sabbath and yet were blamelesse Matth. 12.5 not that indeed the Sabbath day was broken by them but this is spoken in respect of the vulgar opinion that thought the Sabbath violated if any necessarie worke were done therein Tostat. qu. 14. QUEST X. Why the children servants and cattell are commanded to rest Vers. 10. THou nor thy sonne nor thy daughter c. 1. The father of every house must not onely provide that himselfe keepe a Sabbath unto the Lord but hee must have a care of those which are under his charge as of his sonnes and daughters then of his servants whom he is bound to instruct in the wayes of the Lord. 2. But the case is divers where the servant is of the same profession and where he is not for if he be of the same religion the master is to instruct him and to see he keepe the Lords Sabbaths if he be of another profession as a Jew or Saracen now the servant is to be considered as a thing appertaining to the master and so he is to keepe the Sabbath though non propter se not of conscience in respect of himselfe yet propter Dominum because of his master who cannot observe the Sabbath quietly seeing his servant to breake it in his sight and so for the same cause the precept is given in the next place concerning the rest of the cattell 3. The beast also is to rest for these causes first that mercie and compassion should be extended even unto the dumbe creature that it may sometime be spared and have some respite from labour Secondly because the beast cannot be employed but man also thereby is constrained to worke also and so to violate the Sabbath in taking care for his beast Thirdly that by the fight of the cattell resting from their labour man also might be put in minde of his dutie to keepe the Lords rest like as for the same cause in publike fasts the beasts were enjoyned abstinence that men seeing them in their kinde to mourne might be stirred up unto griefe and sorrow Simler 4. But whereas mention is made onely of the sonne and daughter man servant and maid servant and not of such women as were married the wife therefore must be comprehended under this word thou because the Matrone of the house is in some sort joyned with the father of the house in the administration of the familie Tostat. qu. 14. 5. Cajetane also here giveth this note Quod nulla fuit mentio pastorum That no mention is made of shepherds which tended their flocks but onely of the domesticall servants which were as a part of the house because it was impossible to leave the great flocks of sheepe without a superintendent or keeper every seventh day QUEST XI What strangers were enjoyned to keepe the Sabbaths rest Vers. 10. NOr thy stranger that is in within thy gates 1. Tostatus understandeth such strangers as dwelt in their walled cities for the word here used signifieth both gates and cities so also Vatablus and Oleaster here alludeth unto that use and custome of strangers which inhabited rather in the suburbs and about the gates than in the heart of the citie but it is more largely taken than for the gates of the cities because many strangers might dwell among them in townes and villages where were no gates By gates then by a certaine metaphor are understood the bounds and limits of every ones jurisdiction Iun. whether it were in citie towne or familie 2. Tostatus thinketh that here the stranger is meant which was converted to the Israelites faith and such as were circumcised for then they were bound to keepe the whole law otherwise not quaest 14. But I preferre rather Cajetanes opinion that they were to compell even the Ethnikes among them to keepe the corporall rest though they did not communicate with them in other parts of the divine service Quoniam dedecet publicum festum turpe reddi à peregrinis Because it was not fit that the publike festivall should be defiled by strangers To the same purpose Lippoman Nulli cohabitanti permittitur Sabbati dissolutio None that cohabited was to be permitted to dissolve the Sabbath And this was commanded for these two reasons Ne suo exemplo scandalum praeberent Ecclesiae Lest they might give offence unto the Church by their example and lest the Jewes also by this occasion might have taken libertie to violate the Sabbath Vrsin QUEST XII Why a reason is added to this Commandement Vers. 11. FOr in six dayes c. 1. This is a reason not of the morall but of the ceremoniall part of this Commandement for the observation of the seventh day for otherwise we should be bound to the keeping of the same day still Lippoman 2. And the Lord herein doth propound his owne example to draw us to obedience that as children wee should imitate the example of our heavenly father Basting 3. Now the cause why a reason is annexed to this Commandement concerning the Sabbath but de caede nihil tale adjecit c. no such thing is added touching murther Chrysostome yeeldeth to bee this because the conscience of man by nature telleth him that murther is evill but the Commandement of keeping the Sabbath being but particular and for a time non est de principalibus per conscientiam exquisitis c. is not one of the principall things such as the conscience enquireth of But Thomas doth more fully explaine this reason Illa quae sunt pure moralia habent manifestam rationem those precepts which are meere morall are evident enough and need not have any other reason annexed but in those precepts which beside the morall part have a ceremoniall consideration as in the second of grave● images and in the fourth of the determination of the day oportuit rationem assignari it behoved a reason to be assigned because being not wholly grounded upon naturall reason magis natum erat è mente excidere it was more apt to fall out of the minde 4. Cajetane also giveth another reason Inseruit Deus 〈◊〉 proprio aliquid juris positivi juri morali naturali c. God with his owne mouth did insert somewhat of the positive law into the naturall and morall law to authorise such positive lawes as should afterward be given by Moses lest if the Lord had not given with his owne mouth some positive law Moses might have beene thought to have framed them himselfe QUEST XIII How the Lord is said to have rested REsted the seventh day 1.

attende c. In all thy works wait for the Lords recompence that he will prepare eternall rest for thy reward and this it is to sanctifie the Sabbath So Augustine Spiritualiter observa Sabbatum in spe futurae quietis Observe the Sabbath spiritually in hope of the everlasting reward Libr. de 10. Chord All hypocrites therefore that keepe the Sabbath rest rather for feare of humane lawes than of conscience which also come before the Lord with a dissembling heart are transgressors of this Commandement for he that will truly consecrate the Sabbath unto the Lord must call it a delight Isa. 58.13 he must with all his soule delight therein 2. Observ. Against those which spend the Lords day in carnall delight TO sanctifie it The rest then of the Sabbath is commanded not as though it were in it selfe a thing acceptable unto God but that wee might the better attend upon Gods service They therefore which give themselves upon the Lords day to ease and idlenesse pampering and feeding themselves following their owne will and pleasure doe not sanctifie the Sabbath unto the Lord for hee that will consecrate a Sabbath as glorious unto the Lord must not doe his owne wayes nor seeke his owne will as the Prophet sheweth Isai. 58.13 Against such which carnally spent the Sabbath in pleasure and delight the same Prophet speaketh Wo unto them c. The Harpe and Violl Timbrell and Pipe are in their feasts Isai. 5.12 And of such Chrysostome saith well Accepisti Sabbatum ut animam tuam liberares à vitiis tu verò magis illa committis Thou hast received the Sabbath to free thy soule from vice and by this meanes thou doest commit it the more 3. Observ. No worke must be put off untill the Lords day THou shalt not doe any worke Here then such covetous and worldly minded men are taxed which cannot afford one day of seven for the Lord but toile themselves therein with bodily labour as if they have a job of worke of their weeks taske to doe they will dispatch it upon the Lords day if they have any journey to take they will put it off till then for feare of hindring their other worke therefore the Lord meeting with mens covetous humours forbiddeth all kinde of worke to be done therein Gregorie giveth two reasons why upon the Lords day we should cease from all terrene labour because Omni modo orationibus insistendum We should altogether attend upon prayer and spirituall exercises such works then must be shunned because they are an hinderance unto the service of God And againe Si quid negligéntiae per sex diesagitur c. if any thing have beene negligently done in the six dayes that upon the day of the resurrection of our Lord precibus expietur it may be expiate and purged by prayer Gregor in Registro lib. 11. epist. 3. We should not then commit more sinnes of negligence when we should pray for forgivenesse of our errours and negligence Cajetane giveth a good note upon this word Remember Ad hoc servit recordatio ut non reserves aliquid operandum in diem septimum c. therefore serveth this remembrance that no jot or worke be reserved till the seventh day 4. Observ. It is not enough for the master of the familie to keepe the Lords day unlesse his whole familie also doe sanctifie it THou nor thy sonne nor thy daughter c. This is added to reprove their nice curiositie who though themselves will seeme to make conscience of the Lords day are content yet that their children and servants doe breake it and put them to labour or suffer them to mispend the day in vaine pleasure thinking it sufficient if the master of the house keepe the rest of the Lords day But every good Christian must resolve with Ioshua I and my house will serve the Lord chap. 24.15 He thought it not enough for himselfe to be addicted to Gods service unlesse his whole familie also served the Lord. So then none are exempted here from keeping the Sabbath Nullus sexus nulla aetas nulla conditio c. no sex no age no condition is excluded from the observing the Sabbath Gloss. interlin Neither young nor old male or female master or servant Vpon the fifth Commandement 1. Divers Questions and difficulties discussed and explained QUEST I. Whether this precept belong to the first Table 12. HOnour thy father c. Iosephus with some other Hebrewes doe make this fifth Commandement the last of the first Table both to make the number even in both Tables and because mention is made here of Jehovah as in none of the other Commandements of the second Table and because it was fit that as the first table began with our dutie toward God our heavenly Father so it should end with our dutie toward our earthly parents Contra. These are no sufficient reasons for this division of the Commandements 1. For though the foure first Commandements in number answer not the other yet they are in the writing upon the Tables more and conteine a greater space than the other six and better it is to divide the Commandements by the matter referring onely those to the first Table which containe the worship of God than by the number 2. The name Jehovah is expressed in other judiciall and ceremoniall lawes which follow which belong not either to the first or second Table 3. The third reason better sheweth why this Commandement should begin the second Table then end the first 4. And whereas some object that place Rom. 13.9 where the Apostle rehearseth the five Commandements following omitting this as though it belonged not to the second Table the reason of that omission is because the Apostle directly in that place had treated before of the dutie toward the higher Powers and Superiours who are comprehended under the name of parents But our Saviour putteth all out of doubt Matth. 19.19 where he placeth this Commandement last in rehearsing the precepts of the second Table and joyneth it with that generall precept Thou shalt love thy neighbour as thy selfe Calvin QUEST II. Why the precepts of the second Table are said to be like unto the first NOw our Saviour reduceth all the precepts of the second Table to one generall Commandement Thou shalt love thy neighbour as thy selfe and saith it is like unto the first in these respects 1. Because the second Table of the morall law as well as the first hath a preeminence and excellencie above the ceremonials and therefore in regard of this dignitie and prioritie it is like unto the first 2. Because the same kinde of punishment even everlasting death is threatned against every transgression as well of the second as of the first Table 3. In regard of the coherence and dependance which the one hath of the other as the cause and the effect for a man cannot love his brother unlesse he first have the feare of God whose image he reverenceth in his brother

at that time in great want but there is no necessitie to live ex Perer. QUEST IX Why Ioseph advised to have the fift part taken Vers. 34. TAke up the fift part of the land c. 1. Hee meaneth the fift part of the fruits of the land which was done at the Kings charge for it is not like that he tooke away the fift part from the owners though afterward it was made a law but it was bought with the Kings money Mercer Iun. 2. Ra●i following Oukelos readeth let them defend the land of Egypt against the famine by setting the people a worke to gather the corne because the word is so taken Exod. 13.18 where it is said the Israelites came up armed girt under the fift rib but this reading is improper and that the fift part is understood appeareth by the law of the fift part reserved to Pharaoh Gen. 47.24 3. The fift part was thought sufficient for it is like beside that other rich men following the Kings president laid up some what in store also and in the yeare of famine somewhat might grow though not much and they made greater spare in the time of scarcitie Perer. Mercer 4. Iosephs prudence appeareth in preserving the corne so long for seven yeares which was not done by using sand and quicksilver as Ramban supposeth but as Philo well conjectureth by laying up the corne in the straw for by this meanes it would keepe long sweet and the poore might be imployed in threshing of it out as also they had straw for their cattell Perer. ex Philon. QUEST X. Of the ring fine linnen and other ensignes of Iosephs honour Vers. 42. PHaraoh tooke off his ring c. 1. Plinie is here in an errour that the use of rings came not up before the Trojane warre whereas Ioseph was honoured of Pharaoh with a ring who was six hundred yeare before the ruine of Troy Likewise the same author saith that the Egyptians used no rings to seale with lib. 33. c. 1. Whereas it is most like that Pharaoh gave this ring to Ioseph for that use as Assuerus gave Haman his ring to seale letters in the Kings name Esther 3.9 2. It is like that Ioseph went apart till Pharaoh had consulted with his Nobles who all by their silence gave consent that Ioseph was the fittest man 3. These then were the ensignes of Iosephs honour the King giveth him a ring then he is araied with fine linen or white silke whereof there was great store in Egypt which was made of certaine cotten or bombasine that came of the Gosipon tree called Xilinon Iun. Perer. The third signe of honour was a golden chaine which was in great request afterward among the Romans the fourth was Iosephs riding in the second chariot appointed for him that was the Viceroy next in authoritie to the King Assuerus caused Mordechai in token of honour of the Kings favour to ride upon his horse Esther 6. And in the same place Mordechai is adorned with the like ornaments as with royall apparell and a princely diadem and proclamation to be made before him as was here before Ioseph So King Balthazar promiseth the like reward to him that could interpret the writing that he should be clothed with purple and should have a chaine of gold about his necke and be the third ruler in the kingdome Dan. 5.7 QUEST X. The great authoritie committed to Ioseph Vers. 44. I Am Pharaoh c. 1. This is not an oath as some think that Pharaoh sweareth by his honour but he onely reserveth unto himselfe the Kingly name and majestie as before vers 40. onely in this throne will I be above thee 2. In that he saith none shall lift up his hand without thee it is to be understood not of private but of the publike affaires of the kingdome Mercer 3. The Hebrewes here note that as Ioseph before humbled himselfe and said without me shall God make answer to Pharaoh so now he is exalted and Pharaoh saith without thee shall no man lift up his hand c. QUEST XI Of the change of Iosephs name and the signification of it Vers. 45. PHaraoh called Iosephs name Zaphnath-paaneah c. 1. These are neither Hebrew words as Ramban thinketh for although the first may be derived from tsaphan which signifieth to hide yet the originall of the other in the Hebrew tongue cannot be found Mercer Hierome thinketh it signifieth Saviour of the world in the Egyptian tongue whom Eugubinus followeth but it is most like that it signifieth the revealer of secrets as Iosephus Oukelos the Septuag Some thinke he was a Prince rather as the Chalde translateth than Priest of On because the priests of all other were most superstitious Iun. This On was not the Citie No mentioned Ezech. 30.16 which is Alexandria but rather Heliopolis as Hierome the chiefe Citie of the regiment of Heliopolis Ptolemie calleth Onium 4. Asenath cannot be the daughter of Dina Iacobs daughter as the Hebrewes dreame being an Egyptian woman Ioseph marieth the daughter of an Idolater because he could not take a wife of his fathers kindred being in a strange countrey so also did Iacob marrie Labans daughter that was an Idolater and Moses a Madianitish woman whom afterward they converted to the true worship of God as Ioseph did his wife and this might well be a type and figure of the calling of the Idolatrous Gentiles Mercer QUEST XII Potiphars Whether two of that name THe daughter of Potipherah 1. We refuse here the opinion of Hierome that thinketh this Potiphar to have beene the same whom Ioseph before served and we hold that to be one of the fables of the Hebrewes that this Potiphar Iosephs master having a purpose to use Ioseph to incontinencie was stricken of God with drinesse and withering in his secret parts and afterward became a Priest 2. I rather preferre Augustines judgement who upon these reasons rather thinketh that this was a divers Potiphar from the other 1. Because it had beene much for Iosephs honour that his master whose servant he was did now bestow upon him his daughter and therefore Moses would not have concealed it 2. The other Potiphar is the Captaine of Pharaohs souldiers this Priest of On two offices much unlike 3. This On or Heliopolis was about twentie miles distant from Memphis the Kings Citie but the other Potiphar was a continuall officer in Pharaohs house thus Augustine qu. 136. in Gen. 3. Chrysostome thinketh that they were two divers men but of one name hom 63. in Gen. But it is evident that their names also differ for the first is called Potiphar the second with the letter ain in the end Potipherang besides it is not like that Ioseph would marrie the daughter of that adulteresse and wanton woman whose evill manners hee had experience of Mercer Muscul. QUEST XIII To what end mention was made of Iosephs are Vers. 46. IOseph was thirty yeares old c. Mention is made of

this difference to other places this Law it selfe sheweth afterward wherein this privilege beyond other servants consisteth 3. Augustine thus understandeth it she shall not goe out as other maids for remunerabit eam he shall reward her so also Vatablus because other servants did goe out nudi siue mercede naked and without any reward But Augustine here following the vulgar Latine readeth ancillae maids whereas it is in the originall as other men servants So also Rupertus this is prescribed according to the president of their father Iacob Qui non passus est illam sicut ancillam si●e dote exire Which would not suffer his wife as a maid servant to goe forth without a dowry But this is not all 3. Procopius referreth it to that which followeth vers 8. He shall not have power to sell her to ● strange people But it was not lawfull to sell any other Hebrew servant to a strange people therefore this had beene no such privilege 4. The most thus understand it Vult potestatem habere redimendi se ante sexennium Hee would have them to have power to redeeme themselves before the six yeeres expired which it was not lawfull for other servants to doe So Lyran. Marbach Osiand Borrhaius with others this was part of the privilege but not all 5. But this privilege is more generall and containeth divers branches as afterward followeth for hee was either to espouse her to himselfe or to his sonne or suffer her to be redeemed of her friends if none of these he was to provide her of three things food rayment and dwelling or else to let her goe out free i in all these respects it is said She shall not goe out as other servants did I●n in Analys QUEST XXIV Whether it must be read betrothed or bethrothed not Vers. 8. IF she ple●se not her master so that he betrotheth her not There are divers interpretations made of this verse 1. The Latine readeth If she please not her master cui tradita fuit to whom shee was delivered that is upon hope of marriage so also Tostat. Borrh. Lyran. But in the originall there is the negative particle 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lo and therefore it cannot be read affirmatively 2. Some thinke that the negative 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lo not is here taken for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 lo to him and that in fifteene places beside in the old Testament the adverbe is taken for the pronoune whereof this is one and so they read thus If she displease her master who hath betrothed her to himselfe So read the Chalde and Septuag so also Lippom. But beside that it is a forcing of the words to take 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the adverbe for the pronoune it is not like that after a man had espoused unto him a wife another should have liberty to redeeme her 3. Therefore the true reading is So that he doe not betroth her to himselfe Vatabl. Iun. or suffer her to be redeemed that is of her friends yet he shall have no power to sell her to a strange people QUEST XXV How she was to be redeemed Vers. 8. OR cause her to be redeemed 1. Tostatus giveth this sense De● alteri qui cam emat He shall give unto another money to redeeme her and so take her to his wife qu. 9. But this is not like that having paid for her before to have her service he should give money againe to be rid of her 2. Vatablu● thus expoundeth remittet illi pecuniam servitutis c. he shall release unto her the money or price of her service as though shee had beene redeemed with money So also Oleaster But this were an improper speech He shall cause her to be redeemed that is let her goe out free the one seemeth to be contrary to the other for they which went out free needed not to bee redeemed 3. Wherefore the meaning is he shall suffer her to be redeemed either by her selfe Oleaster by her father Osiand or some of the next of kindred Iun. or by him that intendeth to have her to his wife Marbach And she must be redeemed at a reasonable price the yeeres of her service which she hath served being considered as if shee were sold to serve six yeeres for six pound three of those yeeres being past shee was to be redeemed at any time before she had served the whole six yeeres for three pound halfe the money Lyran. Galas QUEST XXVI Why it was not lawfull to sell their maids to strangers Vers. 8. HE shall have no power to sell her to a strange people c. 1. Cajetane understandeth here homini Hebra● alterius populi she should not be sold over to an Hebrew of another people or place because the Hebrew maids were not to be carried from City to City But Oleaster giveth a good reason against this sense Populus alterius urbis non videtur alius populus ab Israeli The people of another City seemed not to be another people from Israel 2. Therefore the meaning is that she should not be sold over to any other strange people of the Gentiles for these reasons 1. Because injury was done unto God when as those whom he had chosen for his peculiar people and were properly his servants should become slaves to Idolaters and so the name of God among the Heathen should bee blasphemed 2. There was wrong also offred unto the maid which should be so sold bo●h because her bondage should be perpetuall and not for a time as it was among the Hebrewes beside her chastity was like to be endangered among the Gentiles and her selfe in great hazard to be corrupted in religion and seduced to Idolatry Tostat. quaest 10. 3. And as it was not lawfull to sell her unto any strange nation so neither to any of the strange people which sojourned among the Israelites because both such kinde of service was more hard and beside it continued longer for like as the strangers which were servants to the Hebrewes were in harder case than the Hebrewes servants Levit. 25.46 for they were the Israelites possession and inheritance for ever and were not set free neither in the seventh yeere of remission nor in the yeere of Jubile So the Hebrew servants which served strangers were in worse condition than those which served Hebrewes for an Hebrew serving an Hebrew was set free in the seventh yeere but if he served a stranger he could not have his libertie till the yeere of Jubile unlesse he were redeemed with money Levit. 25.55 Tostatus 4. The meaning then of the Law is this that if the master did neither marry his maid himselfe not his sonne he should suffer her to be redeemed but in no wise was he to sell her to any strange people Marbach Which is therefore especially forbidden because the Gentiles buying servants for a perpetuity would give more for them than the Hebrewes would whom they were to serve but six

her chastity Latin Scilicet ablata that is taken away from her Gloss. interlinear Lyran. But the word gho●ah signifieth no such thing Some read horam her time or houre which some interpret tempus nubendi time of marriage some the time of her service He shall not diminish her wages for her service Ex Lippoman● Some debitum conjugale understand and it of the marriage debt jus conjugale the right of marriage Cajetan Vatab. Concubit●m this lying with her Chalde so also Augustine Actum matrimonialem The matrimoniall act he shall not defraud her of for they which had many wives did not give unto every one of them their time as may appeare in the story of 〈◊〉 and L●ah who purchased of her sister to I●dge with her husband for her sonnes Mandrakes Genes 30. But beside that this were apparently to allow the use of concubines which no where the Law of Moses doth the word ghonah is not found in any such sense But it rather signifieth cohabitation or dwelling for the word maghon which commeth of the same root ghoa is taken for an habitation or dwelling so read Iun. Oleast Montan●● The meaning then is that he shall allow her her food rayment and cohabitation or dwelling because he hath dec●i●ed her of the hope and expectation of marriage So the Septuagint read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 by the which word Augustine understandeth 〈◊〉 ubi n●m lying with her but it rather signifieth conversation that is he shall suffer her still to cohabite and converse in the house not as his wife or concubine but now as a free maid and no longer a servant QUEST XXXI What those three things are mentioned in the text Vers. 11. IF he doe not these three c. 1. Some expound these three things to be these if the master that bought the maid will not take her for his wife nor give her to wife to his sonne nor yet reteine her as his concubine Ex Lyran● But this cannot be for these reasons 1. Because it would follow that it was by the Law allowed to take a maid to be ones concubine which was apparently a sinne and a transgression of the seventh Commandement Thou shalt not commit adultery 2. The sense and sentence should remaine imperfect it being not determined what should be done if hee refused to give her food rayment and dwelling if this clause should be referred not to the three things spoken of immediatly before but to those other there given in instance Tostat. quaest 12. 2. Augustine supposeth these to be the three if he neither marry her himselfe nor his sonne neither have defloured her then she shall goe out free quast 78. in Exod. But there is no mention made at all before of deflouring her but of 〈◊〉 her therefore this cannot be any of the three 3. The most doe make these the three things if he neither take her to wife for himselfe nor for his sonne nor yet suffer her to be redeemed So Mac●ach Borrh. Lyran. Genevens But this exposition cannot stand 1. Because these three things mentioned must be all performed otherwise he must let her goe out free but these three were divers cases and are propounded disjunctively either the father to marry her or the sonne or to suffer her to goe out free 2. In this sense the text should imply a contradiction for if these severall cases before propounded be these three things whereof one is this that if the father doe not marry her himselfe he shall suffer her to be redeemed that is for money but here it is said she shall goe out free paying nothing so shee should goe out for money and goe out without money 4. Wherefore the fittest sense is and most agreeable to referre this clause to the three things going next before he shall not diminish her food apparell and dwelling Sic Tostat. Iun. Cajetan QUEST XXXII Whether maid servants were set free in the seventh yeere and not sometime before sometime after Vers. 11. SHe shall goe out free paying no money 1. She should be set at liberty not onely in the seventh yeere of remission but before si appareant in ea signa pubertatis if the signes of her womanhood appeared Lyran. And the reason is that if shee stayed still in servitude being apt for marriage and neither her master nor his sonne take her to wife she might be in danger to be defloured or else lose the time of her marriage passing over her virginity in service Tostat. So that such maids might be made free before the yeere of freedome came 2. But if the seventh yeere of redemption returned before the maid came to yeeres of marriage which the Hebrewes doe appoint at twelve then could not the master yet shew his liking or disliking of her and therefore such young maidens were not made free no not in the seventh yeere for all this Law is grounded upon this supposition If shee please not her master that is if he purpose not to espouse her to himselfe or to his sonne but this pleasing or displeasing could not appeare untill the maid were ripe and fit for marriage therefore in this case they expected rather the accomplishment of her ripe age than the approching of the seventh yeere Tostat. qu. 13. QUEST XXXIII The summary sense of this Law concerning maid servants NOw concerning the meaning of this Law in generall 1. Cajetane thus resolveth the whole Law this maid servant that is sold by her father unto her master is either incognita à Domini unknowne of her master or knowne if the first then may he sell her but not to any strange people if she be knowne and afterward displease either her master casteth her off and then he must give her a dowry as if she were his daughter or he purposeth to reteine her still as his concubine then hee shall provide for her meat cloth and dwelling Contra. 1. There is no liberty given to the master to sell his maid servant to whom he will but he must suffer her to be redeemed which was to be done by the next of the kin 2. When he had espoused 〈◊〉 to his sonne it is not like that he would then cast her out of the house and send her away with a dowry but reteine her still 3. And if it should be lawfull for him to keepe her still as his concubine then the Law should allow the use of concubines which is no where to be found 2. Tostatus and Lippoman agree with Cajetane in the first case of suffering the maid to be redeemed admitting that her master had not knowne her and in the two other of giving her to his sonne and of taking another unto her but herein they differ that Cajetane in the second case of espousing her to his sonne presupposeth an ejection and casting out of the maid espoused and so endowing her the other thinke she is reteined still Their errour then is in supposing that this maid is knowne of her

master because she must so liberally be provided for But the reason thereof is because shee was sold upon hope of marriage which hope because shee is frustrate of this provision must be made by way of recompense But this maid is not like to have beene abused for then it had not beene enough to let her goe out free but he should endow her also according to the Law chap 23.16 3. Oleaster thus resolveth this text This maid either her master had company with or had not if the first either she displeased afterward and then he was to redeeme her that is to set her free or shee pleased then the father either tooke her to wife and so he was to use her as his wife on his sonne then hee should use her as his daughter or if he tooke another wife he was to provide all necessary things for her Now if her master had not knowne her she was to serve him to the yeere of Jubile unlesse shee before redeemed her selfe Contra. Oleaster faileth here in these points 1. Hee taketh redeeming for setting her free without money whereas redemption of a servant was not without money 2. If he had defiled her he was not only to set her free but to endow her as before is shewed 3. If ●he maid was to serve him to the yeere of Jubile the maid servants should have lesse privilege than the Hebrew men servants that were to serve but six yeeres whereas this Law intendeth them greater favour 4. This then is the summe of the Law A man buyeth a maid servant an Hebrewesse he was either to suffer her friends to redeeme her or to marry her himselfe or give her to his sonne if none of these he was either to keepe her still providing all things necessary for her or to let her goe out free for nothing Iun. QUEST XXXIV Of the end scope and intent of this Law NOw concerning the end of this Law it is to be considered 1. That the father which should either of any unnaturall affection or compelled by necessity sell his daughter might by this meanes be punished by losing all his right and interest in his daughter who did now being sold out of her fathers power in familiam Domini transire passe and was as incorporate into her masters family Iun. And so the father should be as it were bridled hereby from selling of his daughter 2. Beside this Law imposing such hard conditions upon the master in such liberall sort to provide for his servant so bought thereby also provideth ut aut non emerentur ancillae that either maids should not be bought at all though their fathers were so hard hearted to sell them aut meliore conditione servirent or they should serve with better condition otherwise than as common servants Osiand Marbach And so this Law taketh order ut nunquam capite vacent that maids should never be without an head Iun. And so taketh care for them as the weaker sex 3. Further in that the master was permitted to take his maid to his wife though he had another before 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 temporis licitum erat that was lawfull by the sufferance and toleration of those times Pelarg 4. Againe though it were simply unlawfull for the parents to sell their children sed ne progrediatur impietat ad intolerabilem iniquitatem c. but lest such impiety should proceed to intolerable iniquity and injury this Law provideth for such as were oppressed pro tanto sed non in totum though not wholly and totally yet to keepe them within some measure Lippom. 5. But this Law was much more equall than that Law of the ancient Romans in the 12. Tables which permitted fathers to sell their sonnes not once but againe and the third time only he was excepted which had married a wife with his fathers consent which was afterward forbidden C. de lib. posth or then that Law of Constantine that one might sell his sonne for extreme need and poverty though the sonne might afterward redeeme himselfe for the condition of children so sold was more tolerable among the Hebrewes their service being but for a time Simler This Law also is more reasonable than that constitution of Iustinian tit 6. de manumission that unlesse the maid servant were married within six moneths ab hero non dimittebatur shee was not at all to be dismissed from her master Pelarg. QUEST XXXV What kinde of smiting is here meant Vers. 12. HE that smiteth a man that hee dye 1. Here percussio accipitur pro occisione smiting is taken for killing Lyran. For if a man were smitten and died not of it there was another punishment than by death vers 19. Tostat. 2. Quamvis aliquo pòst tempore meriatur c. Although he dye not presently but some while after that is so smitten he shall suffer death for it Galas 3. The words are generall He that smiteth a man whether he were an Hebrew or no Hebrew his enemy or friend ex re percussa intquitas percutientis manifestatur the iniquity of the smiter appeareth by the thing that is smitten Cajetan 4. The Latine reads he that smiteth a man volens occidere having a purpose to kill him shall dye But two exceptions are taken to this reading for if a man did smite one non animo occidendi sed animo percutiendi not with a minde to kill him but to smite him only he should dye for it Cajetane And againe if a man intended to kill and did not he was not to dye for it for although before God he be a murtherer that intendeth it in his heart yet the Law of Moses doth not punish the intent only of murther but the effect Simler QUEST XXXVI Why the murtherer was to dye the death SHall dye the death c. 1. That is shall surely dye for this doubling of the word importat majorem certitudinem importeth greater certainty Tostat. The Interlinearie glosse expoundeth Morte spirituali vel corporali Death spirituall or bodily but I preferre the other sense 2. This Law is set downe in generall that whosoever smiteth so that death follow five intendat occidero sive non whether he purposed to kill or not should dye for it but afterward follow certaine exceptions from this Law Oleaster This then is a generall Law that he which killeth should be killed againe Lippom. 3. And this Law is grounded even upon the Law of nature for like as it is agreeable to nature Vt putridum membrum abscindatur ut reliqua conserventur that a rotten member should be cut off that the rest be preserved so a murtherer is to be killed ne plures occidentur lest more should be killed Lippom. This Law is given unto Noah Genes 9. when the world was restored and here it is but repeated and renued Pelarg. 4. The Lawes of other nations herein consent with Moses the Athenians did severely punish murther expelling the murtherer from the Temples of the gods and