273. Ceremonial Precepts Before the Mosaic Law

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Lecture Notes

Main Topics #

The Question: Were There Ceremonial Precepts Before the Law? #

Thomas considers whether ceremonies of the Old Law existed before Moses received the Torah at Sinai. The apparent difficulty: Genesis records sacrifices, altars, and other sacred actions performed by figures like Cain, Abel, Noah, Abraham, and Jacob—yet these predate the formal institution of the Mosaic ceremonial system.

Six Objections Presented #

Objection 1: Sacrifices and holocausts are ceremonial precepts. But Cain and Abel offered sacrifices before the Law (Genesis 4), and Noah offered holocausts (Genesis 8). Therefore, ceremonial precepts existed before the Law.

Objection 2: Construction of altars and their anointing are ceremonial practices. Abraham built an altar (Genesis 13), and Jacob anointed a stone with oil (Genesis 28). Therefore, ceremonies predated the Law.

Objection 3: Circumcision and priesthood are chief sacraments of the Old Law. Yet circumcision was instituted before the Law (Genesis 17), and Melchizedek was a priest before the Law (Genesis 14). Therefore, these ceremonies predate the Law.

Objection 4: The distinction of clean and unclean animals is ceremonial. Yet Genesis 7 describes this distinction before the Law. Therefore, ceremonies existed before the Law.

Counterargument: Deuteronomy 6 states, “These are the precepts and the ceremonies which the Lord your God has commanded, that I teach you.” If ceremonies already existed, they would not need to be newly taught. Therefore, ceremonial precepts did not exist before the Law.

Key Arguments #

Thomas’s Resolution: A Distinction in Terms #

Thomas accepts the factual claims in the objections but denies their conclusion through a careful semantic distinction:

• Ceremonial acts (sacrifices, altars, circumcision) did exist before the Law
• Ceremonial precepts of the Law did NOT exist before the Law in the strict sense

The crucial difference: source of obligation and authority

The Nature of Pre-Mosaic Ceremonies #

Those performing sacrifices and building altars before Moses acted from private devotion (ex qua dam devotione), not from legal obligation. Specifically:

1. Divine Inspiration, Not Legal Institution: These individuals enjoyed the prophetic spirit and were divinely inspired in their worship practices
2. Suitable to Interior Worship: Their practices were appropriate for genuine worship of God
3. Prefigurative Function: These ceremonies naturally signified mysteries of Christ, being congruent with the figuration required in that era
4. Voluntary, Not Mandated: Unlike the Mosaic ceremonies formally instituted by divine law-giving, pre-Mosaic ceremonies were undertaken freely according to what seemed suitable

Specific Cases Resolved #

Circumcision: The sacrament was established by divine command before the Law. Therefore, it cannot be said to be instituted in the Law, only to be observed in the Law. Christ himself confirms this in John 7: “Circumcision is not from Moses… but from his fathers” (i.e., Abraham). It began with Abraham as a divinely commanded sign but was incorporated into the Mosaic legal system.

Priesthood: Before the Law, priesthood existed among those worshiping God through human determination. The firstborn held priestly prerogatives by natural succession (according to a human determination). This differed from the formal Levitical priesthood instituted under the Law.

Clean and Unclean Animals: The distinction existed before the Law regarding offering sacrifices—certain definite animals were offered—but NOT regarding eating. Genesis 9 states: “Everything that moves and lives will be for you food.” Any later distinction in eating arose from abomination or custom, not legal prohibition. This parallels how modern peoples find certain foods abominable or acceptable based on custom rather than law.

Important Definitions #

Ceremonial Precepts: Precepts ordered to the exterior worship of God. They determine either (a) what things should be done in worship, or (b) what things should signify the mysteries of Christ.

Ceremonies Before the Law (ceremoniae ante legem): Sacred practices undertaken through private devotion by men enjoying the prophetic spirit, divinely inspired and suitable both for interior worship and for prefiguring Christ’s mysteries, but not instituted by formal divine law-giving authority.

Ceremonies of the Law (ceremoniae legis): Sacred practices formally instituted by divine legal authority through Moses, binding upon the people of Israel as precepts.

Prophetic Spirit (spiritus prophetiae): The inspiration by which certain individuals before Moses were led to perform worship practices suited to glorifying God and prefiguring Christ.

Private Devotion (privata devotio): Voluntary, non-mandatory religious practices undertaken according to what an individual judged suitable for honoring God, in contrast to practices mandated by law.

Examples & Illustrations #

Cain and Abel’s Offerings (Genesis 4) #

Cain “offered of the fruits of the earth gifts to the Lord.” Abel “offered from the firstborn of his flock, and from there, fat.” These are offered from personal piety, not legal obligation. They demonstrate the natural human impulse to honor God through sacrifice.

Abraham’s Altar (Genesis 13) and Jacob’s Stone (Genesis 28) #

Abraham built an altar; Jacob took a stone and poured oil upon it. These sacred constructions arose from their individual devotion and divine inspiration, not from legal prescription.

Melchizedek’s Priesthood (Genesis 14) #

Melchizedek is described as “a priest of the high God.” His priesthood is independent of the Levitical order established later. Yet Christ is described as a priest “according to the order of Melchizedek,” suggesting a more fundamental, non-legal basis for priesthood.

The Role of Custom in Dietary Distinctions #

Berquist notes that certain foods are abominable in some lands but eaten freely in others—not due to law, but to custom and cultural practice. Similarly, before the Law, the Israelites may have distinguished between animals for sacrifice based on tradition, not legal command.

Notable Quotes #

“These offerings and sacrifices and holocausts, the ancients offered them before the law from a certain devotion of their own will, according as seemed to them suitable that they take in the things which they received from God, which they offered in reverence for God.”

“It should be believed, credendum est, that from a divine instinct, as it were from a private law, they were led to a certain way of worshiping God, which was both suitable for the inward worship and also was in agreement or congruent for signifying the mysteries of Christ.”

“Circumcision is not from Moses… but from his fathers [Abraham].” (John 7, quoted by Thomas)

“Everything that moves and lives will be for you food.” (Genesis 9, establishing that eating of animals was not legally restricted before the Law)

Questions Addressed #

Q1: Were There Ceremonial Precepts Before the Mosaic Law? #

A: Not in the strict sense of precepts instituted by divine legal authority. However, ceremonial acts—sacrifices, altars, circumcision, priesthood—were performed before the Law by individuals inspired by the prophetic spirit. These were undertaken from private devotion, not legal obligation, yet they were divinely inspired and suitable for both interior worship and prefiguring Christ’s mysteries.

Q2: What Distinguishes Pre-Mosaic Ceremonies from Mosaic Ceremonies? #

A:

• Pre-Mosaic: Voluntary, from private devotion, not instituted by law-giving authority, performed by prophetically inspired individuals
• Mosaic: Mandatory, formally instituted by divine legislative authority through Moses, binding upon all Israel as precepts

The content of the acts may be similar (sacrifice, circumcision), but their status differs fundamentally in terms of obligation and source.

Q3: How Is Circumcision Both Before and Within the Law? #

A: Circumcision was established by divine command to Abraham (Genesis 17) before the formal Mosaic Law. However, it was incorporated into and observed within the Mosaic Law system. It was not instituted in the Law; rather, the Law commanded its observance. As Christ says in John 7, circumcision comes from the patriarchs (Abraham), not from Moses.

Q4: What About the Distinction of Clean and Unclean Animals Before the Law? #

A: This distinction existed for sacrificial purposes before the Law—certain animals were deemed appropriate for offerings. However, it did not exist as a legal restriction on eating. Genesis 9 explicitly permits eating of all animals. Any dietary distinction before the Law arose from abomination (instinctive revulsion) or custom, not from legal precept.