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A08112 An ansvver to the Ievvish part of Mr Selden's History of tithes. By Stephen Nettles, B. of Divinity Nettles, Stephen. 1625 (1625) STC 18474; ESTC S113155 108,956 203

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〈◊〉 〈◊〉 i. For by reason of the due payment of tithes thou shalt reioyce in euery good thing according as they say pay tithes that thou may'st prosper And to this purpose the same Author on Leuit. 4.14 Iarchi on Numb 5.12 haue other speeches borrowed from the Talmud Massech Beracoth cap. 9. fol. 63. all which tend to shew that a blessing belongs to those that duly pay their tithes But it will be said what is all this to vs these things were spoken to the Iewes and of their times Ans Yes they pertaine to vs also for God is no changeling as they shew vs how he would blesse his owne people if they did maintaine his Priests and Leuites as he appointed so seeing God respecteth his Ministers now no lesse then in those times they doe also signifie that he will blesse vs too if we doe maintaine them as he hath appointed the one is a seruice and sacrifice no lesse acceptable vnto him then the other as our Apostle also sheweth most excellently in Philip. 4.10.11 and 18.19 c. Againe on the other side many are the punishments recorded by the Iewes which follow the contempt neglect of payment of tithes Therfore saith Iarchi on Numb 5.10 c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 He that detaines the tithe so that it is not giuen in the due season thereof in the end his land shall yeeld him but the tithe of that it vsed to yeeld agreeable with that sentence of St Austin De tempore sermo 219. Si tu decimam non dederis tu ad decimam revoceris And to this effect they haue an History related by the Commentor on the Talmud in Massech Tagnanith cap. 1. fol. 9. and also by R. Bechai on Deut. 14. Of a certaine rich man that had land which yearely bare him a thousand measures of corne whereof he duly payde an hundred for the tithe At his death he giues this land to his sonne with a charge to doe the like in tithing as he had done before him which he did the first yeare after his fathers death for the land brought forth a thousand measures as before and he gaue an hundreth thereof for the tithe But the second yeare he hauing an euill eye began to thinke with himselfe that the tithe was a great matter and therefore he forbade the laying out of it The next yeare after the increase of that field was much diminished and it afforded but an hundred measures in all in regard whereof he was exceedingly grieued and discontented His neighbours therefore hearing of this came vnto him cloathed in white rayment to make merry with him and to comfort him to whom he said It seemes to me that you solace your selues and reioyce at my losse But they answered him should we be grieued for thee that hast brought all this euill vpon thy selfe Wherefore then didst thou not set forth thy tithe duly as thou shouldst haue done Consider how that when the land came first into thy hand thou wast the husbandman or master and owner thereof and God Almighty the Priest for the Tithe was his part to dispose of But now forasmuch as thou hast not set forth his part vnto him God he is become the housholder and owner of the ground and thou the Priest for thy field doth not yeeld as it yeelded before a thousand measures but he hath set apart for thee an hundreth measures And this is that which is written Numb 5.10 And euery mans hallowed things shall be his that is to say when he diuideth not as he ought hee shall haue nothing himselfe but the holy things that is the tithe And for this cause our wisemen affirme he that witholdes his tithe in the end it will come to passe that he himselfe shall haue nothing but the tithe as it is written Esai 5.10 For ten acres of vines shall yeeld one bath and the seed of an Homer shall yeeld an Ephah that is the tithe For an Ephah is the tenth part of an Homer as R. Chimki and Iarchi declare on this text And thus farre also the Commentor on the Talmud Againe Esai 5.8 Woe vnto them that ioyne house to house lay field to field till there be no place that ye may be placed by your selues in the midst of the earth Iarchi his glosse here is this c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 As thogh they thought that neither God hath any part in the land nor the poore his part in the tithes they spoyle and rob the poore of their land that they alone may dwell therein And after he shewes the punishment hereof That by reason of famine their houses and land shall be left desolate as in ver 9. Likewise Amos 4.6 And therefore haue I giuen you cleanenesse of teeth in all your cities and scarcenes of bread in all your places Chimki here writes thus As yee haue depriued my house of offerings and tithes so haue I depriued you of bread and flesh in all your cities and places where you dwell 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 requiting like for like And hence it is also that in Massecheth Sabath cap. 2. fol. 32. they say that through omission of paying Tithes the heauens are restrain'd from sending downe dew and raine in due season to which they apply that in Iob 24.19 And Iarchi writing on Deut. 14.21.22 compar'd with 2 King 19.26 makes this the cause that the corne is blasted before it be growne vp and Bechai that the forraine enemy doth invade an dspoyle the land c And though the Iewes payde not their Tithe in the fields but only after the fruits were carried into their barnes as it is said Deut. 26.13 I haue brought the hallowed thing out of mine house c Yet Aben-Ezra and Chaskuni there teach that it was a prophanation contempt to dispose of any part thereof till the tithe was paid And Maimon on Massec Demai c. 1. fol. 11. saith that he that doth so is guilty of death by the hand of heauē In Exod. 13.13 and 34.20 where it is said concerning the first-borne of the Asse if thou redeeme him not thou shalt breake his necke Salomoh Iarchi hath this conclusion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. He that spoiles the Priests goods his owne goods also shall be spoyled The inference stands thus If the owner will not redeeme his Asse by paying the Priest a lambe then the Priest shall loose the lamb which is his due then also the owner shall loose his Asse which is more for it is said he shall breake his necke In like manner the Countreyman sometimes argues in an humor and sayes rather then I 'le pay so much tithe my ground shall lye fallow or I 'le spend in Law ten times the worth of it If this be done then the Priest must needs come short of the tithe which is his due and then also the Countreyman shall come short of the fruits and profits which are more So that referring this case to
here the Text saith that they were payde of wine and oyle which in propriety of speech are none of the seuen before specified we can not choose but must needes conclude that the first fruits were payed of more commodities then only seuen Nay the Text is very direct that they brought first fruits of all the increase of the field ver 5. And to this agrees the generall current of the Scripture Deut. 26.2 Then shalt thou take of the first of all the fruit of the earth and bring it and so Nehemiah 10.35 ver 37. And to bring the first fruits of our land and the first of all the fruits of all trees c. yeare by yeare into the house of the Lord. The only reason that I can meet with why the Iewes presented but these seuen kindes for first fruits is related by R. Bechai on Deut. 26. to be because they held these to be the most choise and vsefull for the nourishment of man which being admitted to be true yet this doth not suffice to exclude the rest which are in Scripture comprehended as well as these So also they teach that that part of Canaan which was the inheritance of the fiue Nations mentioned in Scripture Exod. 13.5 namely the Canaanite the Hittite the Amorite the Hiuite the Iebusite because it was a land that flowed with milke and hony therefore they payde the first fruits onely from thence but the land of the other two Nations the Perezites and the Gergesites was not subiect to the payment of first fruits because it was not a land that flowed with milke and hony so Ramban notes on Deut. 18.1 And in Massecheth Bicurim cap. 1. to the same purpose R. Iosi saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. They vse not to bring first fruits from beyond Iordan because it was not a land that flowed with milke and hony But against this Moses Ben Maimon in his Commentary on that place saith that though it were not a land that flowed with milke and hony yet saith he the Lord gaue it vnto vs so that we may truly say Deut. 26.10 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which thou hast giuen me and therefore he there declares herein his owne iudgement and concludes contrary to the opinion of R. Iosi Last of all for the seuen kindes of first fruits so often mentioned the Doctors likewise differ in the Talmud Massech Bicurim cap. 3. fol. 86. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 c. R. Simeon the sonne of Nanas saith they set forth the first fruits of more then seuen kindes which opinion without all doubt is most consonant to the rules precepts of the Scripture for whereas God gaue vnto Aaron and his sonnes the first ripe fruits of all that was in their land Numb 18.13 what reason is there that they should be depriued of their right haue the first fruits but only of seuen kindes But it may be though the Scripture fauour not this cōceit yet the Historian thinkes it sufficient that it is so related in the Talmud I confesse some things in the Talmud may truly be reported to haue bin done but this doth not proue that the Talmud doth therefore rightly teach what should be done and again as that worthy Knight Sr Iames Sempill hath answered Though the relation of the fact were true for practise in their times yet might it much degenerate from the former ages But how shall we certainly know what was done or what was the Iewish manner custome in payment of the first fruits for herein the History failes vs except wee can learne it by the bare marginall mentioning of the Talmud Therefore to make this more plaine I haue thought good here to translate as neare as I can verbatim that which R. Bechai deliuers concerning first fruits in his Commentary on Deut. 26. which for the most part he hath transcribed from the Talmud and set downe in manner following When they brought vp the first fruits to Ierusalem the men of the cities neare adioyning assembled altogether that they should not solitarily goe vp alone as it is said In the multitude of the people is the honour of the King Prov 14.28 And they lodged in the street of the city and went not into houses because of the tabernacles of pollution And in the morning the guide or gouernour said Arise let vs goe vp to Sion to the Lord our God And a Bullocke for a peace-offering went before them hauing his hornes couered with gold and an oliue garland vpon his head Also a flute an instrument of musicke sounded before them Esai 30.29 vntill they came neare to Ierusalem and they went forward all the way reading Psal 122. I was glad when they said vnto me wee will goe vnto the house of the Lord. Notwithstanding they did not continue their progresse all the day but only at two set times in the day When they approached neare to Ierusalem they sent messengers before them to giue notice to the Citicens of Ierusalem and they the meane while set forth and beautified their first fruits Afterward the Prince and the Rulers the chiefe Priests and the Treasurers came forth from Ierusalem to meet them according to the number of them that came vp so proportionably was the number of them that went out to meet them If there were many that came vp many went out if few then few And as they entred all of them into the gates of Ierusalem they began to read Psal 122.2 Our feete shall stand in thy gatcs O Ierusalem And all the Tradesmen of Ierusalem stood vp before them and saluted them saying Brethren men of such or such a place yee are welcome So they walked in the midst of Ierusalem and the instrument still sounded before them till they came to the hill of the House When they came to the hill of the House euery man bare his basket vpon his shoulder and said Psal 150. Praise the Lord praise God in his Sanctuary c vntill those words Let euery thing that hath breath praise the Lord Halleluiah Thus they continued till they came to the Court. When they came to the Court the Leuites sang that Psalmee I will magnifie thee O Lord for thou hast exalted me and hast not made my foes to reioyce ouer mee Psal 30. They adde also in the Talmud that the rich men brought their first fruits in baskets of siluer gold that is saith Maimon couered with siluer gold and the poore in baskets made of willow roddes and both the baskets and the first fruits were giuen to the Priests as it is said Deut. 26.4 Then the Priest shall take the basket out of thine hand Now besides the former seuen kinds of first fruits before rehearsed the Iewes further teach that there are seuen other things requisite in the offering of first fruites for which they seeme to haue more probable ground from the Scripture and they are these 1 The bringing of them vp to the place appointed 2 The