Moses and Aaron: Civil and Ecclesiastical Rites, Used by the Ancient Hebrews
Part 20
The differences between these _Concubines_, and the _chief_ or _primary wives_, are many. 1. A _disparity_ in their authority, or houshold government: the _Wife_ was a _Mistress_, the _Concubine_ as an _hand-maid_ or _servant_. She had only _Jus thori_, a true and lawful _right unto the marriage bed_ as the chief wife had; otherwise she was in all respects inferiour. And this appeareth in the history of _Sarah_ and _Hagar_. Secondly, the _betrothing_ was different: the _chief wife_ at her espousals received from her Husband certain _Gifts_ and _Tokens_, as pledges and ceremonies of the contract. Thus _Abrahams_ steward (who is probably thought to be _Eliezer_, of whom we read, _Gen. 15. 2._) gave in _Isaacs_ name unto _Rebecca_, _jewels of silver, and jewels of gold, and raiment_, _Gen. 24. 53._ This custome was in use also among the _Grecians_, who calleth these gifts Ἕδνα.[664] Moreover[665] _the chief wife_ likewise received from her husband _a bill of writing_, or _matrimonial_ letters, whereas the _Concubine_ received neither _such gifts_, nor such _letters_. _Thirdly_, only _the children of the chief wife succeeded the father in his inheritance; the children of the Concubine received gifts or legacies_: _Abraham gave all his goods to Isaac_, but unto the _sons of the Concubines_ which _Abraham_ had, _Abraham gave gifts_, _Gen. 25. 5, 6._ And here, by the way we may take notice, that _the first-born_ by right of primogeniture, received a _double portion of his fathers goods_, _the father shall give him a double portion of all that he hath for he is the first of his strength_, _Deut. 21. 17._ Unto this custome the _Prophet Elisha_’s speech alludeth, when he prayeth _Elijah_, that his spirit might be _double_ upon him, _2 King. 2. 9._ that is that he might have a _double portion of his spirit, in comparison of the other Prophets_, or rather the _sons of the Prophets_, amongst whom he obtained the place of an _elder brother_, and therefore prayeth for the _right of primogeniture_: so that we are not to understand him, as if he did ambitiously desire a greater measure of the spirit than rested upon his _Master_, but that he desired to excel the other _remaining Prophets_, unto whom afterward he became a _father_. The _Hebr._ phrase[666] is in both places the same. _Secondly_, in their _betrothing_ we are to consider, 1. The _distance of time_ between the _espousals_, and the _confirmation_ of their marriage, which some have conceited to have been a _full year_, at least ten months; and this they observe from _Rebecca_, her brother and mothers answer unto _Abrahams_ servant, desiring that the Maid might not depart presently, but remain after the Espousals at least ten dayes, _Gen. 24. 55._ Which Text they interpret[667] _ten months_, understanding thereby that which elsewhere is phrased[668] _an year of dayes_, _Gen. 41. 1._ But if we should yield this interpretation (although our _English_ _at least ten dayes_ is more agreeable unto the _Septuagint_ and the _Original_) yet it followeth not, that this time was craved for the fulfilling of any prescribed distance between the Espousals and the marriage, but rather it implieth the tender affection of the mother towards her daughter, as being loath so suddenly to part with her: Notwithstanding, it is not unlikely that there was a competent distance of time between the first affiancing, and the confirmation of the _marriage_, though not prescribed, or _limited to any set number of dayes_, _weeks_, or _months_. The second thing considerable in their betrothings, is to enquire the _manner of their contracting_, which might be done in _Israel_ three ways.[669] First, _By a piece of money_. Secondly, _By writing_. Thirdly, _By copulation_, _and all these in the presence of witnesses_. _By a piece of money_, though it were but a farthing, or the worth thereof, at which time the man used this, or the like form of words;[670] _Lo thou art betrothed unto me_: and he gave her the mony before witnesses. _By bill_, and then he wrote the like form of words; _Be thou betrothed unto me_, which he gave her before witnesses; and it was written with her name in it, else it was no betrothing. _By copulation_, and then he said likewise, _Lo thou shalt be betrothed unto me by copulation_, and so he was united unto her before two witnesses, after which copulation she was his betrothed wife. If he lay with her by way of _fornication_, and not by the _name of betrothing_; or if it were by themselves, without the fore-acquainting of _Witnesses_, it was no betrothing: however he might not lye with her the second time, before the marriage was accomplished. And though the betrothing might be _any of these three wayes_, yet usually it was by a _piece of money_; and if they would, they might do it by _writing_, but betrothing by copulation was forbidden by the wise men of _Israel_, and who so did it was chastised with rods: howbeit the _betrothing_ stood in force. These solemnities in _betrothing_ were performed by the man and woman under a Tent or Canopy made for the purpose, called in their language _Chuppa_,[671] _a Tabernacle or Tent_: to this the Psalmist alludeth, _Psal. 19. 4, 5._ _In them hath he set a Tabernacle for the Sun which as a Bridegroom coming out of his Chamber, rejoyceth as a strong man to run a Race._
[664] _Τάων ἧν κ’ ἐθέλῃσι φίλην ἀνάεδνον ἀγέσθω. Hom. Iliad. 9. vid. etiam Suid. in Ἕδνα._
[665] _D. Kimchi. 2 Sam. 5. 13._
[666] _פי שנים partem duorum._
[667] _Onkelos & R. Solom._
[668] _שנתים ימים Duorum annorum dierum._
[669] _בכסף או בשטר או בביאה וכולן בעדים Moses Kotsen. fol. 124._
[670] _הרי את מקודשת לי Maimon. in Ischoth, c. 3. s. 1._
[671] _חופה Elias Thisbit._
_Thirdly_, the rites and ceremonies of their marriage were performed in the assembly of _ten men_ at least, with blessings and thanksgivings unto _God_, whence the house it self was called _Beth hillula_,[672] the _House of praise_ and their marriage song _Hillulim_,[673] _praises_. The _Bridegrooms intimate friends_ which accompanied him & sung this _Epithalamium_ or _marriage song_, were termed υἱοὶ τοῦ νυμφῶνος, _children of the Bride-chamber_, _Mat. 9. 15._ Such I conceive those _thirty companions_ to have been which _Sampson_ associated to himself, _Judg. 14. 11._ The form of this _phrase_ or _blessing_ is at large described by _Genebrard_, and the sum thereof is this: The chief of these companions taketh a cup, and blesseth it saying _Blessed art thou O Lord our God, the King of the world, w^{ch} createst the fruit of the vine_: afterward then he saith, _blessed be the Lord our God the King of the world, who hath created man after his own Image, according to the image of his own likeness, & hath therby prepared unto himself an everlasting building, blessed be thou, O Lord, who hast created him_. Then followeth again, _Blessed art thou, O Lord our God, who hast created joy and gladness, the Bridegroom and the Bride, charity and brotherly love, rejoycing and pleasure, peace and society: I beseech thee, O Lord, let there suddenly be heard in the Cities of Judah, and the streets of Jerusalem the voice of joy & gladness, the voice of the bridegroom & the Bride: the voice of exultation in the bride-chamber is sweeter than any feast: and children sweeter than the sweetness of a song_: and this being ended, he drinketh to the married couple.
[672] _בית הלולא_
[673] _הלולים_
This custome _of praising God_ at such times was not needless or superfluous, for the _fruit of the womb_ was expected as a _special blessing_ from God, and so acknowledged by them in that saying, that _four keys_ were in the hand of him who was the _Lord_ of the whole world, which were committed neither to _Angel_ nor _Seraphim_; namely _Clavis pluviæ, clavis cibationis, clavis sepulchrorum, & clavis sterilitatis_.[674] Concerning the _key of Rain_, thus speaketh the Scripture, _the Lord will open to thee his good treasure_, _Deut. 28._ Concerning the _key of food_, _thou openest thy hands_, Psal. 145. Concerning the _key of the grave_, _when I shall open your sepulchres_, _Ezek. 37._ Concerning the _key of barrenness_, _God remembred_ Rachel _and opened her womb_, _Gen. 30._ Whereby it is intimated, that these four things _God hath reserved in his own hand and custody_: namely, _Rain, food, the raising of our bodies and the procreation of children_.
[674] _מפתח מטרא מפתח פרנסה מפתח קבריא מפתת עקרתא Targum Hieros. Gen. 30. 21._
The time _of their marriage feast_ appeareth clearly to have been _usually seven daies_.[675] _Sampson_ continued his _feast seven daies_, _Judg. 14. 10, 11._ And of this _seven daies feast_, _Divines_[676] do understand that speech of _Labans unto Jacob_, concerning _Leah_, _fulfill her weak_, and we will also give thee this, _Gen. 29. 27._ in which speech, it is thought that _Laban_ did desire _Jacob_, not to reject and turn away _Leah_, but to confirm the present _marriage_, by fulfilling the _usual days of her marriage feast_. From this custom, together with the practise of _Joseph_, mourning seven dayes for his father, _Gen. 50. 10._ arose that usual proverb among the _Jews_, _Septem ad convivium, Septem ad luctum_. The chief governor of the feast was called _Baal mischte_;[677] which name is fitly expressed by being called the _ruler of the feast_,[678] _Joh. 2. 9._ The _modern Jews in Italy_, when they invite any to a _marriage feast_, use this form of words, _Such a one, or such a one entreateth you to credit his daughters marriage with your presence at the feast, &c._ Then he which is invited replieth, _Mazal tob_[679] which some interpret to be the wishing of _good luck_ in general, but I rather think, that hereby was wished to the married parties, _a special blessing in the procreation of children_: whence the _wedding ring_, given unto the Bride-wife, had this inscription or posie _Mazal tob_;[680] and the _Hebrews_ call the Planet _Jupiter_, _Mazal_, whose influence they thought to be of great efficacy and force for generation: but in truth, _Mazal_, signifieth any other Planet or Star in the Heaven, according to that _Hebrew_ Proverb,[681] _There is no herb in the earth, that hath not a Mazal or Star in the Firmament answering it, and striking it, saying grow_. Now _tob_ signifieth good; so that the phrase soundeth as much as, _be it done in a good hour_, or _under a good Planet_.
[675] _Vid. Thisbit. in חתן_
[676] _Augustin. quæst. super Genes. 88._
[677] _בעל משתה_
[678] _Αρχιτρίκλινος._
[679] _מזל טוב i. Stukius. de conviv. l. 2. c. 3._
[680] _Munster. Gen. 30._
[681] _Non est tibi ulla herba inferius cui non sit Mazal in firmamento, & ferit ipsam τὸ Mazal, & dicit ei, Cresce._
At the time of the marriage also, the man gave his wife a _dowery bill_, which the _Scrivener_ wrote, and the Bride-groom paid for, whereby he endowed his spouse, if she were a _Virgin_, with 300 Deniers, (that is fifty shekels) and if she had been married before with an hundred _Deniers_, that is twenty five shekels and this was called the _root_ or _principal of the dowry_: the _dowry_ might not be less, but more, so much as he would, though it were to a talent of gold. There is mention of a contract between _Tobias_ and _Sarah_, and that was performed, _not by a Scrivener_, but by _Raguel_, the womans father; where we may observe, that before the writing of this bill there was a _giving of the woman unto her husband_. The form of words there used is, _Behold, take her after the Law of Moses_, _Tobit. 7. 14._ A copy of this Dowry-bill is taken by _Bertram_ out of the _Babylon Talmud_. The words thereof are _thus_:[682] _Upon the sixth day of the week, the fourth of the month Sivan, in the year five thousand two hundred fifty four of the creation of the world, according to the computation which we use here at ~Massilia~, a City which is scituate near the Seashore, the Bridegroom ~Rabbi Moses~, the son of ~Rabbi Jehuda~, said unto the Bridewife ~Clarona~, the daughter of ~Rabbi David~, the son of ~Rabbi Moses~, a Citizen of ~Lisbon~; Be unto me a wife according to the law of ~Moses~ and ~Israel~: and I according to the word of God, will worship, honour, maintain, and govern thee according to the manner of the husbands among the ~Jews~, which do worship, honour, maintain, and govern their wives faithfully, I also do bestow upon thee the dowry of thy Virginity, 200 Deniers in silver, which belong unto thee by the law: and moreover, thy food, thy apparel, and sufficient necessaries; as likewise the knowledge of thee, according to the custom of all the earth_. Thus _Clarona_ the _Virgin_ rested and became a _wife_ to _Rabbi Moses_ the son of _Jehuda_, the Bridegroom.
[682] _Talmud. Bab. vid. Buxtorf. Grammatic. Chald. p. 38. 9._
After the marriage was finished, then the wife might challenge from her Husband three things as debt. 1. _Food._ 2. _Apparel._ 3. _Cohabitation_, or _the right of the bed_; which they note from _Exod. 21. 10._ where it is said, If he take him another wife, _her food, her raiment, and her duty of marriage shall he not diminish_. And unto this the _Apostle_ alludeth, calling it _Due benevolence_, _1 Cor. 7. 3._
The Wife, when she was first presented unto her Husband, covered her Head with a _veil_, in token of _subjection_. _Rebecca_ took a _veil_, and covered her self, (_Gen. 24. 65._) and for this cause (namely in _sign of subjection_) ought the woman to have power on her head, _1 Cor. 11. 10._ where by _Power_ the _Apostle_ understandeth a _veil_. Do any ask the question, why he should denote this _veil_ by the name of _power_, especially seeing it was in _token of subjection_? The _Apostle_ being an _Hebrew_ of the _Hebrews_, might have respect to the _Hebrew_ word _Radid_,[683] signifying a _veil_, which cometh from the root _Radad_, to bear _rule and authority_, and so might use the Greek word,[684] signifying _power_ in the same sense as the _Hebrews_ did. And, in truth, what was this subjection to the husband but a kind of _power_ and _protection_ derived unto the _Wife_, in comparison of her former state, being a _Virgin_? and therefore in case her husband was jealous of her, among other tokens of sorrow, she was commanded to stand at her tryal with her _head uncovered_,[685] _Numb. 5. 18._ intimating thereby, that if she could not then clear her self, she was from thenceforward deprived of all _power_, which heretofore she enjoyed by the means of her Husband.
[683] _רדיד Velamen mulieris, à verbo רדד Subjecit._
[684] _Ἐξουσία._
[685] _בלא רדיד Sine Radid. ἄνευ ἐξουσίας. Sic ego interpretor verba Maimon. in Sota. 12. c. 3. sect. 5._
After the marriage was finished, sometimes there was permitted a _Bill of Divorce_: this the _Hebrews_ called _Sepher Kerithuth_,[686] _a Bill of cutting off_, because the woman is by this means _cut off from her Husbands family_. _Ten things were_ thought[687] requisite as the _root_ and foundation of a divorce. 1. _That a man put her not away but of his own will._ 2. _That he put her away by writing, not by any other thing._ 3. _That the matter of the writing be to divorce her, and put her away, out of her possession._ 4. _That the matter of that divorcement be between him and her._ 5. _That it be written by her name._ 6. _That there be no action wanting, after the writing thereof, save the delivery of it unto her._ 7. _That he give it unto her._ 8. _That he give it her before witnesses._ 9. _That he give it her by the law of divorces._ 10. _That it be the Husband or his deputy that delivereth it unto her._ The form or copy of this _bill of divorcement_ was as followeth,[688] _Upon such a day of the week, such and such of the month N. such or such an year of the Creation of the world, according to the computation which we use here in this City N. scituate near the River N. that I of the Country N. the son of Rabbi N. of the Country N. But now I dwelling in such or such a place, near such or such a river, have desired of my own free will, without any coaction, and have divorced dismissed and cast out thee, thee I say, thee my wife N. of the country N. the daughter of Rabbi N. dwelling in such or such a country, and dwelling now in such or such a place, scituate near such or such a river, which hast been my wife heretofore, but now I do divorce thee, dismiss thee, and cast thee out, that thou mayst be free, and have the rule of thy self, and to depart, and to marry with any other man whom thou wilt, and let no man be refused by thee for me from this day forward for ever. Thus be thou lawful for any man, and this shall be to thee from me, a bill of separation, a bill of divorce, and a letter of dismission, according to the law of ~Moses~ and ~Israel~._
N. _the son of_ N. _witness_. N. _the son of_ N. _witness_.
[686] _ספר כריתות Græce βιβλίον ἀποστασίου._
[687] _Maimon. de divort. c. 1. sect. 5._
[688] _Hæc forma reperitur apud Mosem Kotsensem. fol. 133. Aliud exemplar ibidem habetur. It. in Mose Egyptio. part. 2. fol. 59. unde desumpta est hæc testium subscriptio quam opposuimus._
This _bill_ was written by a _Scrivener_, or _publick Notary_.[689] And furthermore,[690] a woman being _divorced_, or otherwise a _widow_, it was not lawful for her to marry again, till she had _tarried ninety days, besides the day of her divorce, or of her husbands death, and her last espousals: to the end it might be known, whether she were with child or no, & that there might be proof, whether it were the seed of her first husband, or of her second_.
[689] _Solomon Jarchi. Hos. c. 1. 10._
[690] _Maimon. de divort. cap. 11. sect. 18._
It was a common custome among the _Romans_, about the time of our _Saviours_ birth, even for the women to _divorce their Husbands_, and to marry again at their pleasure. Of this, _Heathen_ Authors speak:
_----Sic fiunt octo mariti,_ _Quinque per autumnos._
_Juvenal. Satyr 6. verse 230._
_Et nubet decimo jam Thelesina viro._
_Martial. lib. 8._
_Non consulum, sed maritorum numero annos suos computant, &c._[691] The bill tendred by the woman, was termed[692] Γράμματα ἀπολείψεως, _letters of forsaking_; _not letters of cutting off, or putting away_. This same practise was in use also among the _Hebrews_. Hence is that saying of our Saviour: _If a woman shall put away her husband, and be married to another_, &c. Mark 10. 12. Now although, at that time, humane laws forbad not _marriages renewed with others upon such divorce_, yet _Gods_ law condemned both such _divorces_, & such _marriages_, and, _before God_, persons _marrying_ after such divorcements were reputed _digamites_, that is, to have _two husbands, or two wives_. For this reason, a _Minister_ above others is commanded to be μιᾶς γυναικὸς ἀνὴρ; _The husband of one wife_, _1 Tim. 3. 2._ And the _woman_ she is commanded to be ἑνὸς ἀνδρὸς γυνὴ, _The wife of one husband_, _1 Tim. 5. 9._ In which text, _second marriages_ (in case of the Husbands or Wives death) are no more forbidden, than the Poet forbade them in the like phrase.
_Unico gaudens mulier marito._
_Horat. Carmin. 3. 14._
[691] _Senec. 3. de Benef. 16._
[692] _Plutarch. in Alcibiade._
Note in the last place, that among the _Jews_ the Bride-woman also brought a _dowry_ to her husband; it was sometimes _more_, sometimes less; it was called by the _Rabbins_[693] נדוניא _Nedunia_: _Raguel gave with his daughter_ Sarah _half his goods, servants and cattel, and money_, _Tob. 10. 10._
[693] _Elias Thisbit. It. Solom. Jarchi. Gen. 31. 15._
CHAP. V.
_Of their Burials._
At the time of a mans death, before his Burial, many ceremonies were observed. _First_, the next of the kin closed the eyes of the deceased body. _Joseph shall put his hands upon thy eyes_, _Genes. 46. 4._ This was likewise practised both by the _Romans_ and the _Græcians_.
_Ille meos oculos comprimat, Ille tuos._
_Ovid._
_ὄσσε καθαιρήσουσι θανόντι πέρ._
_Homer. Iliad. 11._
_Secondly_, they washed the body being dead. _Tabitha died, and when they had washed her, they laid her in an upper-chamber_, _Act. 9. 37._ The _baptization_ or _washing_ at such a time was threefold. The first was βαπτισμὸς ἀπὸ νεκρῶν, _Eccles. 34. 26._ _A washing from the pollution contracted by the touch of a dead carkass_; that if haply any ignorantly and unawares became thus unclean, then was he by a kind of washing to be made clean again. The second was βαπτισμὸς τῶν νεκρῶν, _a baptization or washing of the dead Corps it self_. Thus _Tabitha_ was _washed_: neither is the word βαπτισμὸς, unusually applied to _common washings_, as _Mar. 7. 4._ we read of the _washing of cups, pots, vessels, tables_, the _Greek is_ βαπτισμὸς. The _first_ of these washings was proper to the _Jews_: this second in use with _Jews_ _Christians_,[694] and _Heathens_:[695] the _third_ (which was βαπτισμὸς ὑπὲρ τῶν νεκρῶν, _a baptization for the dead_, _1 Cor. 15. 9._) proper to some _amiss-led Christians_. It may be demanded, what manner of _Baptism_ this was? with submission of my judgment, I understand this place with S. _Ambrose_[696] of a _Sacramental washing_, applied unto some living man in the name and behalf of his friend, dying without _Baptism_, out of a superstitious conceit, that the Sacrament thus conferred to one alive, in the name of the deceased, might be available for the other dying _unbaptized_. As if the Apostle did wound those superstitious _Corinthians_ with their own quills, and prove the Resurrection of the dead from their own erroneous practice, telling them in effect, that their superstitious custome of _baptizing_ the living for the dead, were vain and bootless, if there were no resurrection, and therefore the Apostle useth an emphatical _distinction of the persons_, in the next immediate verse, saying, why are we also in jeopardy every hour? he inferreth the resurrection by force of a _double_ argument; the _first_ drawn from their superstitious _baptization_ for the dead: the _second_, from the hourly jeopardy and peril wherein we, that is, himself and other _Christians_ are. So that as that _Father_ noteth, the Apostle doth not hereby _approve_ their doing, but evinceth their hope of the resurrection from their own practice, though erroneous. That there was _Vicarium tale Baptisma_ (as _Tertullian_[697] calleth it) in use among the _Marcionites_, is evident, yea, and among the _Corinthians_[698] also: the manner thereof is thus described:[699] _When any Catechumenist died, some living person placed under the bed of the deceased, they came unto the deceased party, and asked him whether he would be baptized: then he replying nothing, the party under the bed answered for him, saying that he would be baptized: and thus they baptized him for the dead, as if they acted a play upon the Stage_.
[694] _Tertullian. Apolog. c. 47. It. Euseb. hist. lib. 7. c. 17._
[695] _Corpusque lavant frigentis & ungunt Virg. lib. 6. Æneid._
[696] _Ambros. 1 Cor. 16. 29._
[697] _Tertul. lib. de resur. carnis._
[698] _Epiphan. de Corinthian. hæres. 28._
[699] _Chrysost. 1 Cor. 15._