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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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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
Sanctuary for the meat-offering of the Omer that is brought in the Passeouer that is of barly as in Levit. 23.10 17. and so Bechai And Aben-Ezrah on Nehem 10.35 doth second this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. And to bring the first fruits of our land as an Omer and two loaues By these authorities it appeares that in the feast of the Passeouer they offered an Omer or sheafe of the first fruites of barly and in the feast of Pentecost they presented for the first fruits of their wheat-haruest two loaues of fine flowre of wheat baken with leauen But all this while no mention here of first-fruits in eares of wheat and barly c. As for that Text Levit. 2.14 where there is mention of eares of corne dryed by the fire Aben-Ezra sheweth there that it is meant of a free-will offering saying 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. That which is due is the first of the first fruites Exod. 34.26 not the first fruites in generall and if a man bring a meat offering of the first fruits he shall bring it as a free-will offering And the text imports as much for it is said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 If you offer a meat-offering c. Consider now what is taught in these testimonies before alleadged and then with one labour wee may easily descrye the falsehood of two of the forenamed assertions for here we see that an Omer or tenth part of an Ephah was offered for first fruites of barly and two loaues of fine flower for the first fruits of wheat And therefore the first fruits thereof were not payde in eares of barly or eares of wheat c. according to Scripture Againe an Omer of barly and two loaues of wheat determine in these particulars a set quantity of first fruits And therefore the first fruits were not payde in what quantity the owner would Beside as our Historian doth afterward relate from Scaliger that not Moses but the Iewes prescribed what should be the quantity of the therumah or heaue offering so it seemeth also by their writings that they appointed what should be the determinate quantity of the first fruits as may be gathered by the glosse of Baal Haturim on Deut. 26.2 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. The letters of the word translated basket containe in number 60 to signifie that of first fruits they should pay a sixtieth part And herein he agrees with R. Simeon on Massech Bicurim cap. 3. fol. 85. Againe the same author on Numb 15.21 saith 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. The verse beginnes with Mem and endes with Mem to shew that a gift of a good eye is a fourtieth part For the Hebrew letter Mem in number stands for fourty I goe not about to iustifie these Cabalisticall collections from the Text but only by them to shew that the Iewes had among them a set quantity for their first fruits aswell as for their Therumahs as these glosses doe import flat against the History Now as before we haue declared for wheat and barly that the first fruits of them was not payde in eares of wheat and barly so for the other things specified in the history figges grapes oliues pomgranates and dates we doe not read in the Scripture that the first fruits of these are prescribed or expressed in particular but the fruits of corne wine and oyle Deut. 18.4 And so 2 Chronic. 31.5 The children of Israel brought abundance of first fruits of corne wine and oyle c. And Ramban on Deut. 14. as also on Exod. 22. teacheth concerning grapes oliues that the tithe of them was not due by the Law vntill such time as they yeelded wine oyle and so likewise may wee coniecture for the first fruits of them Or if the first fruits were payde both of grapes and oliues as the History saith and of wine and oyle too as the Scripture sheweth then the first fruits were not payde only of those seuen things which are before described And this is the last of those three assertions against which I tooke exception It was indeed propounded in the second place but blame me not though I binde not my selfe too strictly to order in following a confused History that hath in it as little truth as order The two former points I haue passed ouer briefly But this that he saith That of these seuen onely wheat barly figges c. the first fruits were payd it requires a litle larger explication All the proof that is brought for it is quoted in the margent viz Talmud in Seder Heraim Massechetb Biccurim atque inde recentiores eorum iurisperiti It is an easier taske for a man to quote the Talmud then to reade or vnderstand it and easier to read and vnderstand it then to iustifie or defend it And therefore as the Historian himselfe in his preface pag. 3. speaking of the diuine right of Tithes saith well that the holy Text must be the sole tryall of it so say we likewise concerning first fruits that what is spoken of them not the Iewish Talmud but the holy Text must bee the tryall of it for as the Iewes themselues teach the Talmud is but the exposition of the Text so saith Aben-Ezra on Exod. 19.7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. and proposed to them That is the Law by tradition which is the exposition of the Law in writing Therfore here we desire to know quid scriptum est what Text of Scripture he hath for his warrant Scripture he sheweth none either because he would not or else could not finde any to serue his turne Notwithstanding for better satisfaction to the Reader herein I must confesse that the Iewish Commentators vpon the Scripture as Iarchi on Exod. 23.19 34.26 And on Deut. 26.2 Aben-Ezra on Nehem. ●0 and Chimki on 2 Chron. 31. doe all of them alleadge a place of Scripture on which this their assertion is grounded and that is Deut. 8.8 A land of wheat and barly and of vineyards and figge-trees and pomegranates a land of oyle oliue and hony Here are seuen kinds of fruits for which the land of Canaan is commended and of which onely the Iewes say the first fruits were payde If any obiect that Dates are here wanting which were reckoned in the former number for this we must know that the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which is translated hony the Iewes in this place interpret Dates as Iarchi sheweth on Exod. 34.26 and Deut. 26.2 and 2 Chron. 31. And Chimki to make this more plaine on 2 Chron. 31.5 saith that by hony here they vnderstand Dates and addes this reason because saith he they brought neither first fruits nor oblations of hony hauing reference as it may seeme to that in Leuit. 2.11 All the meat offerings which ye shall offer vnto the Lord. shall be made without leauen for yee shall neither burne leauen nor hony in any offering of the Lord made by fire Not leauen nor hony saith Baal Haturim on this text because euill concupiscence is
resembled to these seeming at the first to be sweet as honey and after sowre as leauen And Ramban here concurring with Moses Ben Maimon in Moreh Hanebucim saith it was a custome among Idolaters to offer all their meat offerings with leauen and to mixe hony in all their sacrifices and therefore they are forbidden to be offered to God as on the contrary salt was required because by them it was loathed and so saith he The pillar which was allowed in the dayes of the Patriarches because afterwards it was abused by idolaters therefore God hated it as Deut. 16.22 Dauid de Pomis in his Dictionary in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Ramban on Levit. 23.17 write that in as much as sacrifices were offered to obtaine the fauour of God and appease his wrath therefore they did not bring them of such things that were onely sowre as leauen which had relation to iudgment nor of things which were altogether sweet as hony signifying mercy but of a mixt quality as it is said in the Creation of the world that he mixed mercy and iudgment together and created it But against this which by Chimki and the rest is here alleadged it is to be considered that though the text saith Leuit. 2.11 Ye shall neither burne leauen nor hony in any offering of the Lord made by fire Yet in the next verse it followes In the oblation of the first fruits ye shall offer them and so it is plaine Leuit. 23.17 and Chimki himselfe on Amos 4.5 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 condemnes the Idolaters not for offering a sacrifice of thanksgiuing with leauen but for burning it vpon the altar against the Law Furthermore the text before rehearsed viz Deut. 8.8 and the intendment thereof being principally to amplifie and set forth the Commendation of the Land for the fruitfulnesse of the same there is no reason why we should restraine the signification or alter the proper sense of the words but rather giue euery word his largest extent and then can not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which properly signifies hony be limited or restrained to signifie Dates especially when the Iewes themselues vnder this word comprehend the fatnesse and sweetnesse of all kind of fruits so saith Iarchi on Levit. 2.11 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. All sweetnesse of fruit is called hony To the same purpose also speakes Ramban on Exod. 3.8 Ralbag on Iob. 20.17 Chimki on Psal 81.16 and Deut. 32.13 And Aben Ezra on Numb 16.13.14 and Bechai on Deut. 6.24 And so also by the like reason hony in this Text may better be extended to all other sweet and pleasant fruites then be contracted and stinted only to Dates And yet Aben-Ezra on Levit. 2.11 reporteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. That many of them say the exposition of Debash is Dates and so euery-where a land flowing with milke and hony and they haue saith he a resemblance of a reason for it in the booke of Ezra Whereby as I take it he meanes the booke of Chronicles which were gathered by Ezra as the Iewes write after their returne from Babylon And in 2 Chron. 31.5 they interpret 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not hony but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dates So Chimki and Iarchi note on that Text. And our last translation interpreting the word in the Text hony writes in the margent dates But though it were to be so vnderstood in this place yet there is no probability or shew of reason why it should be thus expounded in that Text Deut. 8. or where it is found in many other Texts beside We may aswell beleeue that to be true which Baal Haturim writes of their pomegranates as this that they affirme of Dates for he on Numb 13.34 compared with Esai 40.22 saith that one of the Giants of the sonnes of Anak hauing eaten a pomegranate did cast away the pill thereof and afterward all the twelue spyes that were sent to search the land went into it to sit there and shade themselues from the heat of the Sunne And to make this good that the roome might seeme big enough and the men litle enough R. Iarchi seconds him with the like glosse on that text ver 34. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. So we were in their sight we heard them say one to another there are pismires in the Vineyards like men that is the spyes heard the Gyants say so concerning them These and such like are the expositions and glosses of some of those grand Rabbies on whose testimony the History of Tithes is principally grounded But now suppose that Dates were to be vnderstood in that text as the Iewes would haue it doth it therefore follow because seuen kindes of fruits are there named that onely of those seuen and no more the first fruits should be payde so they teach also by the like warrant that there are iust seuen habitations or seuen seuerall vaults of hell must we therefore needes beleeue it to be true Chimki relates this on 2 Sam. 18.33 19.4 where Dauid mourning for the death of Absolom ingeminates those words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 my sonne my sonne eight times with seuen of them he raised him vp saith he out of the seuen vaults or mansions of Hell and with the eight he brought him into Paradise Iarchi also mentions this on Esai 20.23 and Baal Haturim on Deut. 15.8 from Massecheth Sutah cap. 1. fol 10. and Kimchi on 2 Kings 23.10 But before I leaue this point there is yet one other thing to be considered for what if more then seuen kinde of fruits be soūd to be contained in the foresaid text shall not the Law of first fruits take hold of them R. Bechai on this text Deut. 8.8 fol. 209.2 fol. 212.1 saith expresly that the land is here commended for ten things adding three to the former seuen for saith he Rye oates and spelt or beare corne are comprehended vnder wheat and barly which are named as the principall and no reason to the contrary but that of these they were to pay first fruits aswell as of the other therfore they were not payed only of seuen kindes It is written 2 Chron. 31.5 The children of Israel brought abundance of first fruits of corne wine and oyle and hony and of all the increase of the field Now vnder Corne the Iewes containe fiue seuerall specie's so saith Chimki in Miclol in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and Ramban on Deut. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i Corne in the holy tongue signifies fiue known kinds which are the same that Bechai expresseth before therefore being vnder this word comprehended no question but of these the first fruits are also here required Againe the Iewes themselues vnderstanding this text to be spoken of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 first fruits properly as Chimki here expounds it when as in their former Catalogue of seuen among the rest they say that the first fruits were payed of grapes and oliues as I mentioned before and
vessell wherein they were brought 3 The reading of the Text. 4 An offering or oblation 5 Their reioycing in singing 6 The shaking of them to and fro 7 Their lodging in Ierusalem 1 The bringing of them vp to the place appointed for it was necessary that they should bring them vp to the House of the Sanctuary as it is written Deut. 26.2 And thou shalt goe to the place which the Lord thy God shall choose c. 2 The Vessell as it is said ver 2. And thou shalt put it in a basket It is also a precept of speciall choyse to bring euery kind in a basket by it selfe but if they brought them in one basket they were to be carefull that they should not confusedly be mixed together but barly in the lowest place and wheat vpon that and dates about that and pomgranates aboue them and figges aboue them all and something was to be put betweene euery species to seuer them one from another as leaues or such like And outwardly they compassed the figges with bunches of grapes They brought likewise in their hands turtle doues and young pigeons for it is said and thou shalt reioyce in euery good thing ver 11. and for this reioycing flesh was requisite They hanged also on the sides of their baskets turtle doues and yong pigeons to set forth adorne their first fruits Those that were on their baskets they offered for burnt sacrifice and those that were in their hands they gaue to the Priests of that ward together with the first fruits which they diuided among themselues as other holy things 3 The reading as it is said ver 5. And thou shalt answere and say c. that is he read the Text from those words ver 5. A Syrian was my father c. vntil those ver 10. And now loe I haue brought the first fruits of the land which thou O Lord hast giuen me And this answering was praise and thanksgiuing with lifting vp of voyce and that in the holy tongue as it is written Deut. 31.21 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. this song shall answere them and so it is here ver 5. thou shalt answere and say Deut 26.5 4 The oblation was a peace-offering 5 A song was required for it is said And thou shalt reioyce in euery good thing ver 11. and for this singing was necessary as it is Psal 33.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. Sing chearefully with a loud voyce for so the Leuites did read with singing when they brought ihe first fruits after that they came into the Court. 6 The shaking of them to and fro as it is written Deut. 26.10 Numb 14.9 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And thou shalt set it before the Lord thy God when as the Priest put his hand vnder the hand of the owners shaked it and this is that is said ver 4. Then the Priest shall take the basket out of thine hand that is to say to shake it to and fro 7 Lodging that albeit he brought his first fruits and offered his peace-offrings and performed all his duty that day yet it was not lawfull for him to depart the same day out of Ierusalem but that he should lodge there as it is said Deut. 16.7 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And thou shalt returne on the morrow and goe vnto thy Tents And so they teach all returning whereby thou returnest from the Sanctuary after thou art come thither shall not be but on the morrow Thus farre R. Bechai touching the manner of the Iewes in paying their first fruits as is described in their Talmud And among other questions touching first fruits he adds further that it is disputed among them whether a stranger were to pay them or not some say hee might not because he could not vse the words of the protestation Deut 26.3 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I am come into the Country which the Lord sware vnto our fathers to giue vs. But the more generall and common opinion was that he might both bring the first fruits and likewise vse the protestation because Abraham is reputed also the father of strangers as it is said Gen. 17.5 I haue made thee a father of many Nations And it may be saith he that this is pointed at in the text where it is said ver 11. thou and the Leuite and the stranger that is among you Lastly for the end of the oblation of first fruits he affirmeth that it tended to the honour of God the dignity of the Priest and the great benefit of Israel 1 The honour of God in that they came to make prayer and supplication before him in that great and holy Temple for the multiplying of his benefites and acknowledging that all blessings proceeded only from him 2 The dignity of the Priest in that the Israelite wearied and turmoyled himselfe all the way to feed him with the first of his fruits and most choyce of them 3. The great benefite of Israel in that by the due obseruation of this precept the fruits were increased the food of the world blessed And so much for first fruits CAP. 3. NExt the Therumah or heaue offering or first fruites of Corne Wine Oyle Flecce and the like were also giuen to the Priests Deut. 18.4 I doe not well vnderstand in what sense these words the therumah or heaue offring or first fruits can properly be spoken in this place for hereby hee seemes to confound the first fruits the therumahs as if they were all one which according to the tradition and history of the Iewes are manifestly distinguished as appeares in the seuerall Tractates or Massecheths in the Talmud both of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 first fruits and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 heaue offerings And the place quoted in the margent viz Deut. 18.4 speakes directly of first fruits and not therumahs or heaue offerings howsoeuer some of the Iewes doe otherwise expound it For the first fruits were either 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Numb 18.12.13 and the word vsed there in Deut. 18.4 is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which properly signifies first fruits yea the first of the first fruits But it being not determined by Moses of what quantity this heaue offering should be the Iewes anciently assest it to be enough at the fiftieth part Sal. Iarchi ad dict locum caeteri Jurisp D. Hieronymus ad ●…zech cap. 45 Cassianus collat 21. cap. 3. but so that no necessity was that euery one should pay so much he that payde a sixtieth part was discharged and many of the better devotion offred a fortieth The fiftieth part they call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. that is an indifferent or competent therumah or heaue offering which they named also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is the great heaue offering The fourtieth they stile 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is a Therumah of a faire eye Hanc loquendi formulam babes apud D. Matthaeum cap. 20.15 or liberally giuē And the sixtieth
〈◊〉 〈◊〉 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