Moses and Aaron

The penalty for the omission of Circumcision running in this form; That soul shall be cut off from his people, Gen. 17. 14. I understand the penalty to be pronounced against such an omission; which proceeded either from contempt or wilful neglect. In this case the question is, what is meant by this phrase, His soul shall be cut off from the people. Secondly, who ought thus to be punisht? whether the child, or the parents, and such who supply the place of parents? For the first, besides Gods secret action in punishing such Delinquents, methinks there is a rule of direction for the Church, how to proceed against such in her Discipline: If any understand here, by cutting off such a mans soul from his people, the sentence of excommunication, or casting him out of the Synagogue, I shall not oppose it; though I rather incline to those, who understand hereby a bodily death inflicted upon such an offender, in which sense the phrase is taken, Exod. 31. 14. Whosoever doth any work on the Sabbath, that soul shall be cut off from among his people. And it is very remarkable, that when Moses his child was uncircumcised, the Lord sought to kill Moses: which as it intimated the punishment of this fault to be a bodily death so it clearly evinceth, that not the child till he cometh to years of discretion, but the parents were liable to punishment. The opinion of the Rabbines concerning this latter point is thus delivered:632 If the Father circumcise him not, then the Judges are commanded to circumcise him: and if it be unknown to the Judges, and they circumcise him not, when he is waxen great, he is bound to circumcise himself, and every day that passeth over him, after he is waxen great, and, he circumciseth not himself, lo he breaketh the Commandment.

Here it may be demanded, how it is possible for a man, after once he hath been marked with the sign of Circumcision, to blot out that character and become uncircumcised? for thus some Jews, for fear of Antiochus, made themselves uncircumcised, 1 Mac. 1. 16. Others for shame, after they were gained to the knowledge of Christ, and to entertainment of the Christian faith, uncircumcised themselves, 1 Cor. 7. 18. The answer is,633 that this was done by drawing up the foreskin with a Chirurgion his instrument; and unto this the Apostle in the fore quoted place alludeth, μὴ ἐπισπάσθω, Ne attrahat præputium. This wicked invention is ascribed unto Esau, as the first Author and practiser thereof.

CHAP. II.

Of their first fruits and their firstlings, or first-born

The use and end of their first-fruits, was that the after-fruits might be consecrated in them. To this purpose they were enjoyned to offer the first fruits of their trees, which served for food, Levit. 19. 23, 24. In which this order was observed; the three first years after the tree had been planted, the fruits were counted uncircumcised and unclean: it was unlawful to eat them, sell them, or make any benefit of them: on the fourth year, they were accounted holy, that is, either they were given to the Priests,634 Num. 18. 12, 13. or the owners did eat them before the Lord at Jerusalem, as they did their second tithe: and this latter is the common opinion of the Hebrews.635 After the fourth year, they returned to the use of the owner: we may call these πρωτογεννήματα, simply the first-fruits.

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 Talmudists638 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.

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.

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. Some641 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 Pharisees645 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.

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 these647 they payed tithes, even to mint, anise, and cumine, These things they ought not to leave undone, Mat. 23. 23.

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, (others649 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.

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 reckoned651 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 gnani653, πτωχοδεκάδαι, the poor mans tithe, and Magnasher schelischi654, 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.

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.

The time of the year from which they reckoned tithes, was different. For beasts657 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.

In this Synopsis following (which Sixtinus Amama hath taken out of Scaliger) the manner of Israels tithings is set down.

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 Kotsensis659) 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.

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.