Part 19

_Secondly_, they were enjoyned to pay yearly the _first-fruits of every years increase_, and these we may call, ἀπαρχὰς, and of them there were many sorts. _First, first-fruits in the sheaf_, _Lev. 23. 10._ _Secondly, first-fruits in two wave-loaves_, _Levit. 23. 17._ These two bounded their harvest, _that in the sheaf_ was offered in the _beginning of harvest_, upon the fifteenth of _Nisan_, _the other of the loavs at the end_, upon their _Penticost_: and _Levit. 23._ they are both called ‎‏תנופות‏‎ _Thenuphoth_, that is, _shake-offerings_. _Thirdly_, there was a _first of the dough_. _Num. 15. 20._ namely,[636] a _four and twentieth part thereof_, given unto the _Priests_: which kind of offering was observed, even when they were returned out of _Babylon_, _Nehem. 10. 37._ Unto this St. _Paul_ hath reference, _Rom. 11. 16._ _If the first fruits be holy, the lump is holy_. _Fourthly_, they were to pay unto the _Priests_ the _first-fruits of the threshing floor_, _Numb. 15. 20._ These two last are called ‎‏תרומות‏‎ _Therumoth_, that is, _heave offerings_: this the _heave-offering of the threshing floor_; the other the _heave-offering of the dough_, _Numb. 15. 20._ Under the name of _first-fruits_, commonly Authors treat of no others but this last, and wholly omit all the former sorts. Before we proceed to the explaining of the last, note with me the difference of these two words, _Thenuphoth_, and _Therumoth_: both signifie _shake-offerings_, _heave-offerings_, or _wave offerings_, but with this difference;[637] the _Therumoth_ was by a _waving of elevation_, lifting the oblation upward and downward, to signifie, that _God_ was _Lord_ both of Heaven and Earth. The _Thenuphoth_ was by a waving of _agitation_, waving it to and fro, from the right hand to the left, from the _East_ to the _West_, from the _North_ to the _South_: by which kind of _agitation_, they acknowledged _God_ to be _Lord_ of the whole world. Now, that we may know what these _first-fruits of the threshing floor were_, the _Rabbies_, and the others following them, distinguish them into _two sorts_: the first of these, was _first-fruits_ of seven things only: 1 _Wheat._ 2 _Barley._ 3 _Grapes._ 4 _Figs._ 5 _Pomgranates._ 6 _Olives._ 7 _Dates._ For all which the Promised Land is commended, _Deut. 8. 8._ These the _Talmudists_[638] term ‎‏בכורים‏‎ _Biccurim_; and when they treat of _first-fruites_ they treat of them under this name, and understand by the name of _Biccurim_ no other. These, they say, are the _first fruits_, which the people are so often in the Law commanded to bring up unto the _Sanctuary_, at the _Feast of Pentecost_, which was the end and closure of their harvest, as was signified both by this oblation, and likewise by that of the two _wave-loaves_, _Lev. 23. 17._

[636] _‎‏עשרין וארבעה תרומו‏‎ Uziel Numb. 15. 20._

[637] _P. Fagius in Pentat._

[638] _R. Solom. Deut. 26. 2. It. Moses Kotsens. fol. 201. Col. 4._

The second was paid of _Corn, Wine, Oyl, and the Fleece_, _Deut. 18. 4._ _Numb. 18. 12._ yea, of all things else that the earth brought forth of mans food. Thus their _Doctors_ are to be understood, where they say,[639] _Quicquid eduliorum ex terra incrementum capit, obnoxium est primitiis, Therumæ, & decimis_. This they call, ‎‏תרומה‏‎ _Theruma_, an _heave-offering_: the _Greek_ renders it, ἀφωρίσμος, _A separation_, because this was a _consecration, or setting apart of the Lords portion_. In allusion unto this, I take S. _Paul_ to have termed himself ἀφωρισμένον ἐς ἐυαγγέλιον, _separated unto the Gospel_, _Rom. 1. 1._ ἀφοριεῖ Ἀαρὼν, _Aaron shall separate the Levites_, so the _Greek_ renders it; but the Original is, _Aaron shall wave the Levites_, _Numb. 8. 11._ Again, ἀφορίσατε _Separate me Barnabas and Saul_, _Acts 13. 2._ _Drusius_ delivereth another reason, as hath been said in the _Chapter_ of the _Pharisees_. But to proceed: the _Hebrews_ called this second payment, not only _Theruma_, _simple_, but sometimes _Theruma gedola_,[640] the _great heave offering_, in comparison of that _Tithe_ which the _Levites_ payed unto the _Priests_: for that was termed _Theruma magnasher_, the _heave offering of the Tithe_, _Numb. 18. 26._ which though it were _one of ten_, in respect of that portion which the _Levites_ received; yet it was but _one of an hundered_, in respect of the Husbandmans stock, who payed the _Levites_: and thus it was a great deal less than the _great heave offering_, as will presently appear. This (the _Hebrews_ say) the owners were not bound to bring up to _Jerusalem_.

[639] _Moses Egypt. in. Jud. part. 3. tract. de Therumoth. cap. 2._

[640] _‎‏תרומה גדולה‏‎_

The _law_ prescribed no set quantity to be paid, either in the _Biccurim_ or in the _Theruma_; but, by _tradition_, they were taught to pay at least the _sixtieth_ part in both, even in those _seven things_, also paid under the name of _Biccurim_, or _first fruits_, as well as in their _heave-offering_ termed _Theruma_, or _Theruma gedola_.

Thus the _Talmudists_ do distinguish the _Biccurim_ from the _Theruma gedola_: but in my opinion the _Biccurim_ may be contained under _Theruma gedola_; and in truth, both of them are nothing else but the _heave-offering of the floor_, formerly mentioned out of _Num. 15. 20._ My reasons are these: 1. _Scripture_ giveth no such leave to keep any part of their _first-fruits_ at home; if that could be proved, the distinction were warrantable. 2. _Scripture_ doth not limit _first fruits_ unto those _seven kinds_, which alone go under the name of _Biccurim_. 3. Themselves confound both members; for their _Biccurim_, they say, they paid, 1. _Wheat._ 2. _Barley._ In their _Theruma_, they say, they paid _Corn_; as if under _Corn_; _Wheat_ and _Barley_ were not contained. Some may say, they paid their _Biccurim in the Ear_, while the harvest was yet standing and their _Theruma in Wheat and Barley ready threshed and winnowed_. My reasons why it cannot be so, are these: 1. Because then they should pay _twice a sixtieth part_ in their corn. 2. Because the corn offered in the sheaf was but a little quantity, and it was offered not at their _Pentecost_ when their harvest ended, but at their _Passover_ when their harvest began, _Levit. 23. 10._ Whereas their _Biccurim_, or _first fruits_, were alwayes offered at their _Pentecost_.

But omitting further proofs, I proceed to shew the ground, why in this _heave-offering of the floor_, at least a _sixtieth part_ was prescribed: it is grounded upon that of the Prophet _Ezek._ This is the oblation that ye shall offer, _the sixth part of an Ephah out of an Homer_, _Ezek. 45. 13._ that is, _the sixtieth part of the whole_, because an _Homer_ containeth ten _Ephahs_. Hence they took that distinction of these offerings. Some[641] they say, gave the _fortieth part of their encrease_: this, because it was the greatest quantity given in this kind of oblations, they termed _Theruma oculi boni_,[642] _The oblation of a fair eye_: others (though they were not so liberal as the former, yet they might not be reputed niggardly) gave a _fiftieth part_, and this they termed _Theruma mediana_,[643] _The oblation of a middle eye_: others, whom they reputed sordid, gave just a _sixtieth part_, less then which they could not give, this they termed _Theruma oculi mali_,[644] _The oblation of an evill eye_; so that the payment of these was bounded by the tradition of the _Elders_, between the _sixtieth_ and the _fortieth part_: But the _Pharisees_[645] that they might be _holy above others_, made their bounds the _fiftieth_ and the _thirtieth part_; so that he was reputed _sordid_ with them that paid the _fiftieth part_; and none liberal except he paid the _thirtieth_. The manner how these first-fruites termed _Biccurim_ were paid, is at large set down, _Deut. 26._ But in time of the _Prophets_ other _Ceremonies_ seem to have been received, of which the _Hebrew Docters_ say thus:[646] _When they carried up their first-fruits, all the Cities that were in a county gathered together to the chief City of the county to the end that they might not go up alone: for it is said, In the multitude of people is the Kings honour_, _Prov. 14. 28._ _And they came and lodged all night in the streets of the City, and went not into houses, for fear of pollution: and in the morning the Governor said, Arise, and let us go up to Sion, the City of the Lord our God. And before them went a Bull which had his horns covered with Gold, and an Olive Garland on his head, to signifie the first fruits of the seven kinds of fruits. There was likewise a pipe struck up before them, untill they came near to Jerusalem and all the way as they went, they sung, I rejoyced in them that said unto me, we will go into the house of the Lord_, &c. _Psal. 122._ Unto this, and other like manner of solemn Assemblies the _Prophet_ hath reference, saying, _Ye shall have a song as in a night when a holy solemnity is kept, and gladness of heart, as when one goeth with a pipe to come unto the mountain of the Lord_, _Esay. 30. 29._

[641] _Solom. Jarchi. Deut. 18. 4. Item Hieron. in Ezek. 45. fol. 260._

[642] _‎‏תרומה עין יפה‏‎ Theruma gnaiin jopha._

[643] _‎‏תרומה בינונית‏‎ Theruma benonith._

[644] _‎‏תרומה עין רעה‏‎ Theruma gnajin ragna._

[645] _Epiphan. contr. Pharis. pag. 11._

[646] _Maimon. in Biccurim. cap. 4. sect. 16._

The _firstlings_, or _first-born_ of man and beast, the _Lord_ challenged as his own, _Exod. 13._ The ground of this Law was, because _God smote all the first-born in Egypt from man to beast, but spared the Israelites_; for a perpetual memory of which benefit, he commanded them to sanctifie all their _first-born males_ unto him. Now the _first born men, and unclean beasts_, were redeemed for five silver shekels of the _sanctuary_, paid unto the _Priests_ for each of them, _Numb. 18. 15, 16._ Unto this S. _Peter_ alludeth saying, _We are not redeemed with corruptible things, as silver and gold_, _1 Pet. 1. 18._ The _firstlings of a clean beasts_ ought to be sacrificed, their blood to be sprinkled on the Altar, their fat to be burnt for a burnt-offering, and their flesh to return to the _Priests_.

Observe how _God_ would be honoured by the _firstlings of men and cattel_; by the _first-fruits of trees, and of the earth, in the sheaf, in the threshing-floor, in the dough, in the loavs_: All which teach us _to consecrate the first and prime of our years unto the Lord_.

CHAP. III.

_Of Tithes._

We are here to enquire: First, _what things_ in general were titheable: _Secondly_ how many _kind of Tithes_ there were: Thirdly, the _time_ when each sort of _tithes_ began to be _titheable_.

First, their yearly encrease was either _Cattel_, _fruits of the trees_, or _fruits of the land_; of _all these_[647] they payed _tithes_, even to mint, anise, and cumine, _These things they ought not to leave undone_, _Mat. 23. 23._

[647] _Vid. Sixtin. Amama de decimis._

Secondly, the _sorts of tithes_ payed out of the fruits, both of the trees and the land, by the Husbandman, were two, payd in this manner: When the Harvest had been ended, and all gathered, then the Husbandman laid aside his _great Theruma_, otherwise called the _first-fruits of his threshing floor_, of which it hath been spoken in the _Chapter of the first fruits_. This being done, then out of the remainder he paid a _tenth part_ unto the _Levites_, and this they termed _Magnasher rischon_,[648] _the first tithe_, _Tob. 1. 7._ This was always paid in kind, and as it seemeth to me, it was not brought up to _Jerusalem_ by the husbandman, (others[649] think otherwise) but payed unto the _Levites_ in the several Cities of tillage, _Neh. 10. 37._ out of this _first tithe_ the _Levites paid a tenth portion_ unto the _Priests_; this they termed _Magnasher min hammagnasher_,[650] _the tithe of the Tithes_, _Neh. 10. 38._ and _Decima sanctitatum_, the _tithe of holy things_, _2 Chron. 31. 6._ this the _Levites_ brought up to the house of _God_, _Neh. 10. 38._ When the _Levites_ had paid this tenth portion unto the _Priests_, then the _Levites_ and their Families might eat the remainder of the first tithe in any place, even out of _Jerusalem_, _Num. 18. 31._

[648] _‎‏מעשר ראשון‏‎_

[649] _Decimæ primæ necessario aut à colono ipso aut ejus vicario Hierosolymas deportandæ erant. Sixtin. Amama de decimis._

[650] _‎‏מעשר מין המעשר‏‎_

This first tithe being paid, the Husbandman paid out of that which remained a second tithe; this the Husbandman might pay in kind if he pleased, or if he would, he might by way of commutation pay the worth thereof in money; but when he payed in money, he added a fifth part; so that what in kind was _ten in the hundred_, that changed into money, was _twelve in the hundred_. This the Husbandman brought up unto _Jerusalem_, and made a kind of Love-feast therewith, unto which he invited the _Priests_ and _Levites_, only every _third year_ he carried it not to _Jerusalem_, _but spent it at home within his own gates_, upon the _Levites, the fatherless, the widows, & the poor_, _Deut. 14. 28._ They reckoned[651] their third year from the _Sabbatical year_, on which the land rested: so that the first and second _Tithe_ was payed by the Husbandman; the _first, second, fourth and fifth years after the Sabbatical year_: but upon the third and sixth years only, the first _Tithe_ was paid to the _Levites_, and the second was spent at home. Hence in respect of the _kinds_, this is called _Magnasher scheni_,[652] the second _tithe_, _Tobit. 1. 7._ in respect it was paid to the poor every third year: it is called _Magnasher gnani_[653], πτωχοδεκάδαι, _the poor mans tithe_, and _Magnasher schelischi_[654], _the third tithe_, _Tob. 1. 1._ On those years on which it was carried up to _Jerusalem_, it ought of necessity to be eaten within the _Court of the Temple_, _Deut. 14. 26._ and by the _third tithe_ we are to understand the _poor mans tithe on the third year_, which year is termed _a year of tithes_, _Deut. 26. 12._

[651] _Moses Kotsen. tract. de decima secundo. fol. 199._

[652] _‎‏מעשר שני‏‎_

[653] _‎‏מעשר עני‏‎_

[654] _‎‏מעשר שלישי‏‎_

They likewise tithed their cattel. _Of their bullocks, & their sheep, and all that passed under the rod, the tenth was holy to the Lord_, _Lev. 27. 32._ Some Expositors understand by this phrase of _passing under the rod_, that all cattel are _titheable_ which live under the _custody of a keeper_, as if there were allusion to the _shephards staff_, or _keepers rod_, which they use in keeping their cattel. The _Hebrews_ more probably understand hereby, the _manner of their decimation_ or _tithing_ their cattel, which was as followeth.[655] _He that hath Lambs (or Bullocks) thus separateth his tenth, he gathereth all his lambs and all his bullocks into a fold to which he maketh a little door, that two cannot go forth together; their dams are placed without the door, to the end, that the lambs hearing them bleating, might go forth one after another in order. Then one beginneth to number with his rod, one, two, three, ~&c.~ and the tenth which cometh forth, whether it be male or female, perfect, or blemished, he marketh it with a red mark, saying this is for tithe._ At this day the _Jews_, though they are not in their own Country, neither have any _Levitical Priesthood_, yet those who will be reputed religious among them, do distribute in lieu of tithes, the tenth of their encrease unto the poor, being perswaded that _God_ doth bless their estates the more: for their usual Proverb is,[656] _Thegnasher, bischebil sche thegnasher_; that is, _Pay tithes, that thou mayst be rich_.

[655] _Solomon Jarchi, Lev. 27. 32. & Maimon. de primogen. c. 7. Sect. 1. 5._

[656] _‎‏תעשר בישביל שתעשר‏‎_

The _time_ of the year from which they reckoned _tithes_, was different. For _beasts_[657] they counted the year from _Elul_ to _Elul_, that is, from _August_ to _August_, for _grain_, _pulse_, and _herbs_,[658] from _Tisri_ to _Tisri_, that is, from _September_ to _September_: for the _fruit of trees_, from _Schebat_ to _Schebat_, that is, from _January_ to _January_.

[657] _Talmud tract. de novo anno ad initium, Buxt. Synag. Jud. c. 12._

[658] _Moses Kotsen. in præcept. affirm. 136._

In this _Synopsis_ following (which _Sixtinus Amama_ hath taken out of _Scaliger_) the manner of _Israels_ tithings is set down.

| 6000 | Bushels in one year. | 100 | Bushels was the least that | | could be paid by the Husbandman | | to the _Priests_ for | | the first-fruits of the threshing | | floor. | 5900 | Bushels remained to the Husbandman, | | out of which he | | payed two Tythes. | 590 | Bushels were the first Tithe to | | the _Levites_. | 59 | Bushels the _Levites_ paid the The Husbandman | | _Priests_, which was called had growing | | the _Tithe of the Tithes_. | 5310 | Bushels remained to the Husbandman, | | out of which he | | paid his second tithe. | 531 | Bushels were the second | | Tithe. | 4779 | Bushels remained to the Husbandman | | as his own, all being | | paid. | 1121 | Bushels are the sume of both | | Tithes joyned together, | | which is above a sixth part | | of the whole, namely _nineteen_ | | out of an hundred.

We are to know moreover, that through the corruption of the times, in time of _Hezekiah_’s reign, Tithes began generally to be neglected, insomuch that then _Overseers_ were appointed to look to the true payment thereof, _2 Chr. 31. 13._ Notwithstanding, partly through the _negligence_ of the _Overseers_, partly through the _covetousness_ of the _people_, about one hundred thirty years before our _Saviours Incarnation_, corruption so prevailed, that the people in a manner _neglected all tithes_, yea none or very few payed either their first, second, or _poor manns tithe_, only they paid the _great heave-offering_ justly. For this reason (saith _Moses Kotsensis_[659]) _in the daies of_ John _the Priest, who succeeded_ Simeon _the just_, (I take it he meaneth _Johannes Hyrcanus_) their great Court, termed their _Sanhedrim_, made a Decree, that more faithful _Overseers_ should be appointed for the _Tithes_. At this time many things became questionable, whether they were tithable or no; whence the high Court of their _Sanhedrim_ decreed, that in the _things doubtful_ (which they termed ‎‏דמאי‏‎ _Demai_)[660] though they paid neither first, nor _poor mans tithe_, yet they paid a second _tithe, and a small heave-offering_; namely, ‎‏אחד ממאה‏‎ _one part of an hundred_: _Mint_, _Anise_ and _Cummin_, seemeth to have been of these _doubtful things_; in which, though the decree of their _Sanhedrim_ required but _one in the hundred_, yet the _Pharisees_ would pay a just tenth, _Mat. 23. 23._, and hence it is that they boasted, _They gave tithes of all that they possessed_, _Luk. 18. 12._ In which they outstripped the other _Jews_, who in these payments took the liberty granted them by the _Sanhedrim_.

[659] _Moses Kotsen. fol. 199. col. 3._

[660] _Moses Kotsen. ibid._

CHAP. IV.

_Of their Marriages._

In this Chapter of their _Marriages_, we are to consider: First, the _distinction of their wives_. Secondly, the _manner of their betrothings_. Thirdly, the _rites and ceremonies of their marriage_. Lastly, the _forme of their divorce_. The _Patriarchs_ in the _Old Testament_ had many of them, _two sorts of wives_: both of them were _reputed lawful_, and _true wives_, and therefore the children of both were accounted _legitimate_. The _Hebrews_ commonly call the one ‎‏נשים‏‎ _Naschim_; _Primary-wives_, married with nuptial ceremonies and rites requisite. Some derive the word from ‎‏נשה‏‎ _Nischa_, _Oblitus fuit, quasi Obliviosæ dictæ_, because for the most part, _womens memory is not so strong as mens_: but they think not amiss, who say that women are so called from _oblivion_, or _forgetfulness_, because the Fathers family is _forgotten_, and in a manner _extinct in their daughters when they are married_. Hence proceeds that common saying of the _Hebrews_,[661] _Familia matris non vocatur familia_: and for the contrary reason, a _male child_ is called ‎‏זכר‏‎ _Zacar_, from his memory, _because the memory of the Father is preserved in the Son_,[662] according to that speech of Absolom, _I have no Son to keep my name in remembrance_, 2 Sam. 18. 18.

[661] _‎‏משפחת אם אינה קרויה משפחה‏‎ Aben Ezra. Numb. 1. 2._

[662] _Eandem prolis masculæ rationem habitam apud Græcos testatur Euripides. Στύλοι γὰρ οἰκῶν παῖδες ἄρσενες._

The other sort of wives they call[663] _Pillagshin_, _secondary wives_, or _half wives_; the _English_ translates them _Concubines_, and that not unfitly, for sometimes the _Hebrew_ word it self denoteth an _infamous Strumpet_, or _common Harlot_.

[663] _‎‏פלגש‏‎ Vxor secundaria vocem compositam esse aiunt ex ‎‏פלג‏‎ Dividere, & ‎‏אשה‏‎ uxor, quasi uxor divisa & dimidia._