Exposition of the Laws of Moses, Exegesis 1 · Part 28
Commandement VII. EXERCITAT. XXVIII. When a Baſtard might enter into the Congregation under the Law. A ceremoniall appendix of Command. 7.
Deut. 23.2. A Baſtard ſhall not enter into the Congregation unto the tenth generation.
THe Lord forbiddeth here that a Baſtard ſhould enter into the congregation of the Lord, unto the tenth generation, there are foure things to be conſidered here? Firſt, who is called [Mamzer] a Baſtard here; Secondly, What is meant by entering into the congregation; Thirdly, That this is but a ceremoniall Law;What is meant by Baſtard here. and Laſtly, That it is not meant of every ſort of Baſtard.
Firſt, he is not called Mamzer here, if his father were an Hebrew, and his mother a Gentile, as the Chaldee Paraphraſt taketh it, for then Obed the ſonne of Ruth the Moabiteſſe, ſhould have beene a Baſtard.
Secondly, He is not called Mamzer or Spurius, who is borne of a Widdow (as the Hebrewes hold) as if an Hebrew had maried a captive woman, and had lyen with her and ſhe fel with child, and it was in doubt whether hee was the child of the firſt husband or of the laſt. And ſo they hold that David begot Chiliab upon Abigail, and that his mother called him Daniel, and his father Chiliab, 2 Sam. 2.2. and 1 Chro. 3.1. Becauſe hee was incerto patre; but this is one of their dreames: neither is he called a Baſtard, qui ex ſecundis nuptijs natus eſt, as when a man marieth a Widdow, and begeteth a child upon her her. The Iewes are moſt miſtaken in this, Ben Syra in his Proverbes, ſaith, Oculos tuos abſconde a muliere vidua, et ne concupiſcas pulchritudinem ejus in corde tuo; nam filij ejus, fiij ſcortationū ſunt, hide thine eyes from a Widdow Woman, and be not taken with her beauty; for her children are the children of fornicatiō. And the ſame Ben Sira at the letter Samech, ſaith,Ben ſyra inter proverbia alphabeto. 2. Scriba ducat virginem, et ne ducat eam quae maritū habuit, nam aquae virginis tibi ſoli erunt, aquā vero eius qua maritū habuit ante te, alius praeter te hauſit, that is, let a ſcribe mary a Virgin, and let him not mary her who hath had an husband before; and content himſelfe, with the waters of his owne ciſterne, and not to drinke of that water, where another hath drawne before him: where he alludeth to the phraſe of the Scripture, which calleth adultery ſtollen waters, Prov. 9.17,Water put for ſeed. And they put water for ſeed, Num. 24.7. So Moab, is his fathers water.
But the Iewes were much miſtaken in this, for the Apoſtle ſaith. 1 Cor. 7.37. If her husband be dead, ſhe is at liberty, to marry whom ſhe will, onelyonly in the Lord, Rom. 1 Tim. 5.14. Let the younger Widdows mary. Therefore Mamzer here, ſignifieth him, qui ex incerto patre, et certa matre, natus eſt, whoſe mother is knowne but not his father.
The ſecond thing to bee conſidered, is this, what is meant, by, entring into the Congregation.
To enter into the Congregation, What is meant by entring into the Congregation.is to beare charge amongſt the people of God, and this is expreſſed by going out and in before the people, Deut. 31.1. I am too old to goe out and in before this people, ſo, Act. 1.21. All the time that Ieſus went out and in amongſt us: this is, to have a charge over the people, and in this ſenſe the Baſtard might not enter into the Congregation, that is, hee might have no charge, nor beare rule amongſt the people of God.
To beare charge expreſſed by dwelling.Sometimes to beare charge amongſt the people of God is expreſſed by dwelling amongſt them, as 1 King. 3.8.To dwell among the people, what. Thy ſervant is in the middeſt of thy people whom thou haſt choſen, that is, he raigneth amongſt them, and ruleth them, and ſo Pſal. 101.2. So to dwell amongſt the people is to bee eſteemed and to bee in account amongſt them, Gen. 23.10. Ephron dwelt amongſt the children of Heth, that is, he was a Ruler and a Prince amongſt them, and in this ſenſe the baſtard might not dwell amongſt the people of God.
Sometimes to dwell among the people is to dwell ſafely among them, ſo the Shunamitiſh Woman ſaid to the Prophet when he offered to ſpeake to the King and to the captaines for her I dwell among my people, 1 King. 4.13. that is, I dwell ſafely among them, and no man doth me harme, and in this ſenſe a baſtard might enter into the congregation.
To enter into the Congregation, is to enioy all the priviledges of the people of God.Againe, to enter into the Congregation is, to enjoy all the priviledges that the people of God enjoyed, and in this ſenſe, a Baſtard might not enter in the Congregagation. Nehemiah findeth fault with the children of Iſrael, becauſe they married with the Moabites, and he giveth the reaſon, becauſe the Ammonite and the Moabite, ſhould not come into the Congregation for ever, Nehe. 13.1. So by the like reaſon, the Baſtard might not enter into the Congregation unto the tenth generation, therfore they might not marry with them, Ioſh. 23.7. Ye ſhall not come among the Nations, that is, ye ſhall not marry with them: there were many other priviledges which the Iſraelites enjoyed, whereof the Baſtard was not capable; the Iſraelite had this priviledge to be ſet at liberty the ſeventh yeare. So they might not take Vſury of an Iſraelite, theſe priviledges the Baſtard had not.
When he is ſecluded from the Congregation,The Baſtard was not ſecluded from the worſhip of God. here it is not meant, that he is ſecluded from the worſhip of God, but by Congregation here, is meant their civill ſociety and meeting, Act. 19, 39. It ſhall be determined foreign, in a lawfull congregation, that is, in a civill meeting, they were admitted to the Temple, and to the worſhip of God.
Obj. Zach 9.6. A Baſtard ſhall dwell in Aſhdod, therefore it may ſeeme that they might not come to the Temple of God.
Anſw. By Baſtard here is meant any vile or wicked man,A Baſtard put for any vile perſon. that is not regenerate by the ſeed of grace.
VntoUnto the tenth generation, that is, he ſhould never enter, Nehem. 13.1.
This Law was ceremoniall, and when the ceremonies were in force, it was not meant of all ſorts of Baſtards.
There are three ſorts of impurity ſet downe in the Scriptures which defile the children;Three ſorts of impurities. the firſt is peccatum innatum, that is, originall ſinne, and all the children of men are equally defiled with this, both thoſe who are begotten in marriage, and thoſe who are begotten in adultery: the ſecond ſort of impurity which the children doe contract, is legall impurity, and this is peccatum agnatum: Impuritas innata. agnata. imputata.if the woman had vowed her childe to be a perpetuall Nazarite to the Lord, if ſhe had drunken any ſtrong drinke after the child was quicke in her belly, ſhe defiled the child, and he might not be a Nazarite: this was but a ceremoniall uncleanneſſe which hindered him, that he might not enter into the Congregation. So if there were defects in the Prieſts birth,Defectus natalium. perſona. conjugij. perſon, and marriage, which hindred him that he might not enter into the Congregation. Firſt, if he had been baſely borne, he might not enter into the Congregation. So if there were any defect in his perſon, or blemiſh in his body, and the Canon law imitateth that yet, and calleth it Impedimentū Canonicū, Impedimentum canonicum.or irregularity, eſpecially if he wanted his left eye, that, they call oculum Canonis. foreignThe third was defectus conjugij, Levit. 21.7. he might not marry [Hhalelah] a profane woman, ſuch a one as was repudiat from her husband, or one borne of a whore, or a widdow, Ezekiel, chapt. 44. verſes 21, 22. All theſe were called [Hhalelah] profane. And a Prieſt that married ſuch a one, might not enter into the Congregation to ſerve before the Lord;No defects in a mans perſon, or birth doe hinder him from entring into the Congregation under the Goſpel. this was impuritas agnata that hindered the Prieſt. VnderUnder the Goſpel if a man ſhould lacke an arme, or a leg, he might, notwithſtanding of this, enter into the Congregation; as an Eunuch is admitted to ſtand before the Lord, Eſay 56. And if the defects of a mans perſon, and of his marriage, doe not hinder him, to ſtand before the Lord, ſo neither doe the defects of a mans birth; although he be baſely born, yet he may enter into the congregation.
Imputed uncleanneſſe of two ſorts.The third ſort of impurity which defileth a man, is imputed uncleanneſſe; and it is of two ſorts, either before God, or before the Magiſtrate. Before God, the Lord may viſite the ſinnes of the fathers upon the children, who are begotten in holy marriage; much more may he viſit the ſins of the fathers upō the childrē who are begotten in whoredom,The Lord ſometimes puniſheth the whoredomes of the parents upon the children. I will not have pitty upon her children, becauſe they are the children of fornications, Hoſ. 2.4. And ſo he viſited the whoredomes of Iezabel upon Ioram, 2 Kings 9.22. But if the children follow not the footſteps of their fathers, then the Lord imputeth not the ſinnes of the fathers unto the children; if the adulterer repent him of his adultery, then God pardoneth him for his adultery: So he will not lay the fathers adultery to the childs charge, if he follow not his fathers footſteps.
The ſecond ſort of imputation is by the Magiſtrate,How the Magiſtrate may impute the parents whoredomes to the children. for the reſtraining of whoredome, Thou ſhalt not inherite with us, becauſe thou art the ſonne of a ſtrange woman. Iud. 10.2. The equity of this Law is, becauſe they are not knowne to be their fathers children; and if the children of the concubines ſucceeded not to their fathers inheritance, much leſſe ſhould the children of the harlots; So they exclude them from bearing any civill charge. But this defect is taken away, firſt, by their good education, which waſheth away this blot; and then they are reabled by the Law, and made capable of honors. And this ſhould be no more a blot unto them, than if they wanted a hand or a legge; and as we blame not the ſtollen ſeede when it is ſowen, and groweth up, but theſe who ſtole the ſeede; Simile. ſo wee ſhould not blame the child begotten out of marriage (if he follow not his fathers footſteps) but onelyonly his father who begot him. The Iewes ſay in the Talmud, Talmud torah. cap. 1. fol. 10.that the Prieſt excelleth the Levite; and the Levite excelleth the Iſraelite; and the Iſraelite excelleth the Mamzer; and the Mamzer excelleth the Nethinim, and the Nethinim the Proſelyte; but they ſay if the Prieſt be unskilfull in the law, and an Idiot, and the Mamzer be the ſon or a ſcholler of the wiſe; then he excelleth the Prieſt:Notable men in the Church who have been Baſtards. There have been profitable men in the Church who were baſely borne, as Lumbard, Gratian, and Comeſter, who were three baſtards borne of one whore, and Darius Nothus among the Perſian Kings, and Hercules.
When the Lord debarred them to the tenth generation, this is a ceremoniall Law, and not a Morall;This Law is ceremoniall, and not morall. David the tent fromh Pharez inceſtuouſly begotten, was King in Iſrael, and if this were a morall precept, then Gods Iuſtice ſhould exceede his mercy in the Church, hee ſhoweth mercy to the thouſand generation, but his Iuſtice ſhould extend it ſelfe for ever.
What ſort of Baſtard is meant here.Laſtly, it is not meant here of every baſtard, but of him who is borne of a common harlot, Iephthe was baſely borne, and yet he had, the charge of the people of God.
Foure ſorts of ſinnesThe Lawyers marke that there are foure ſorts of ſonnes, firſt, ſome naturall, and Legitimate, ſecondly, ſome Legitimate, but not naturall; thirdly, ſome naturall and not legitimate; and fourthly, ſome neither naturall, nor legitimate.
Naturall and legitimate are thoſe who are borne in holy wedlocke. Secondly, legitimate and not naturall are thoſe who are adopted children;foreign collecti ab foreign collegit congregavit, and ſuch the Iewes called [Aſuphim] collecti, Pſal. 27.10. Thirdly, naturall but not legitimate, as thoſe who are borne of harlots, but not of common harlots, and ſuch are called Nothi; Laſtly, neither naturall nor legitimate, as thoſe who are borne of common harlots; ſuch a one the Hebrewes called Mamzer, and the Latines call him Spurium; and the Lawiers call ſuch children incertos, quia incerto patre, ſed certa matre, ſuch as thoſe might not enter into the congregation.
Concluſion. The Concluſion of this is, children beare not the reproach of their parents, under the Goſpell; therfore it is a vile thing, and an opprobry, to object to a man, that he is a whores ſonne, although his mother were a whore; farre more then, when his mother is an honeſt and chaſt woman; as Saul did to Ionathan, 1 Sam. 20.30. Thou haſt choſen the ſon of Ieſſe to thine own confuſion, & to the confuſion of thy mothers nakedneſſe, that is, all men hearing, that thou loveſt a man whom I hate, they will ſay; that thou art not my ſon, but the ſon of a whore and a Baſtard; and ſo this ſhall be a reproach both to thee and to thy mother.