[641]Solom. Jarchi. Deut. 18. 4. Item Hieron. in Ezek. 45. fol. 260.
[641]Solom. Jarchi. Deut. 18. 4. Item Hieron. in Ezek. 45. fol. 260.
[642]תרומה עין יפה Theruma gnaiin jopha.
[642]תרומה עין יפה Theruma gnaiin jopha.
[643]תרומה בינונית Theruma benonith.
[643]תרומה בינונית Theruma benonith.
[644]תרומה עין רעה Theruma gnajin ragna.
[644]תרומה עין רעה Theruma gnajin ragna.
[645]Epiphan. contr. Pharis. pag. 11.
[645]Epiphan. contr. Pharis. pag. 11.
[646]Maimon. in Biccurim. cap. 4. sect. 16.
[646]Maimon. in Biccurim. cap. 4. sect. 16.
Thefirstlings, orfirst-bornof man and beast, theLordchallenged as his own,Exod. 13.The ground of this Law was, becauseGod 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 theirfirst-born malesunto him. Now thefirst born men, and unclean beasts, were redeemed for five silver shekels of thesanctuary, paid unto thePriestsfor each of them,Numb. 18. 15, 16.Unto this S.Peteralludeth saying,We are not redeemed with corruptible things, as silver and gold,1 Pet. 1. 18.Thefirstlings of a clean beastsought 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 thePriests.
Observe howGodwould be honoured by thefirstlings of men and cattel; by thefirst-fruits of trees, and of the earth, in the sheaf, in the threshing-floor, in the dough, in the loavs: All which teach usto consecrate the first and prime of our years unto the Lord.
We are here to enquire: First,what thingsin general were titheable:Secondlyhow manykind of Tithesthere were: Thirdly, thetimewhen each sort oftithesbegan to betitheable.
First, their yearly encrease was eitherCattel,fruits of the trees, orfruits of the land; ofall these[647]they payedtithes, even to mint, anise, and cumine,These things they ought not to leave undone,Mat. 23. 23.
[647]Vid. Sixtin. Amama de decimis.
[647]Vid. Sixtin. Amama de decimis.
Secondly, thesorts of tithespayed 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 hisgreat Theruma, otherwise called thefirst-fruits of his threshing floor, of which it hath been spoken in theChapter of the first fruits. This being done, then out of the remainder he paid atenth partunto theLevites, and this they termedMagnasher 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 toJerusalemby the husbandman, (others[649]think otherwise) but payed unto theLevitesin the several Cities of tillage,Neh. 10. 37.out of thisfirst tithetheLevites paid a tenth portionunto thePriests; this they termedMagnasher min hammagnasher,[650]the tithe of the Tithes,Neh. 10. 38.andDecima sanctitatum, thetithe of holy things,2 Chron. 31. 6.this theLevitesbrought up to the house ofGod,Neh. 10. 38.When theLeviteshad paid this tenth portion unto thePriests, then theLevitesand their Familiesmight eat the remainder of the first tithe in any place, even out ofJerusalem,Num. 18. 31.
[648]מעשר ראשון
[648]מעשר ראשון
[649]Decimæ primæ necessario aut à colono ipso aut ejus vicario Hierosolymas deportandæ erant. Sixtin. Amama de decimis.
[649]Decimæ primæ necessario aut à colono ipso aut ejus vicario Hierosolymas deportandæ erant. Sixtin. Amama de decimis.
[650]מעשר מין המעשר
[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 wasten in the hundred, that changed into money, wastwelve in the hundred. This the Husbandman brought up untoJerusalem, and made a kind of Love-feast therewith, unto which he invited thePriestsandLevites, only everythird yearhe carried it not toJerusalem,but spent it at home within his own gates, upon theLevites, the fatherless, the widows, & the poor,Deut. 14. 28.They reckoned[651]their third year from theSabbatical year, on which the land rested: so that the first and secondTithewas payed by the Husbandman; thefirst, second, fourth and fifth years after the Sabbatical year: but upon the third and sixth years only, the firstTithewas paid to theLevites, and the second was spent at home. Hence in respect of thekinds, this is calledMagnasher scheni,[652]the secondtithe,Tobit. 1. 7.in respect it was paid to the poor every third year: it is calledMagnasher gnani[653], πτωχοδεκάδαι,the poor mans tithe, andMagnasher schelischi[654],the third tithe,Tob. 1. 1.On those years on which it was carried up toJerusalem, it ought of necessity to be eaten within theCourt of the Temple,Deut. 14. 26.and by thethird tithewe are to understand thepoor mans tithe on the third year, which year is termeda year of tithes,Deut. 26. 12.
[651]Moses Kotsen. tract. de decima secundo. fol. 199.
[651]Moses Kotsen. tract. de decima secundo. fol. 199.
[652]מעשר שני
[652]מעשר שני
[653]מעשר עני
[653]מעשר עני
[654]מעשר שלישי
[654]מעשר שלישי
They likewise tithed their cattel.Of their bullocks, & their sheep, and all that passed under the rod, the tenthwas holy to the Lord,Lev. 27. 32.Some Expositors understand by this phrase ofpassing under the rod, that all cattel aretitheablewhich live under thecustody of a keeper, as if there were allusion to theshephards staff, orkeepers rod, which they use in keeping their cattel. TheHebrewsmore probably understand hereby, themanner of their decimationortithingtheir 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 theJews, though they are not in their own Country, neither have anyLevitical 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 thatGoddoth 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.
[655]Solomon Jarchi, Lev. 27. 32. & Maimon. de primogen. c. 7. Sect. 1. 5.
[656]תעשר בישביל שתעשר
[656]תעשר בישביל שתעשר
Thetimeof the year from which they reckonedtithes, was different. Forbeasts[657]they counted the year fromElultoElul, that is, fromAugusttoAugust, forgrain,pulse, andherbs,[658]fromTisritoTisri, that is, fromSeptembertoSeptember: for thefruit of trees, fromSchebattoSchebat, that is, fromJanuarytoJanuary.
[657]Talmud tract. de novo anno ad initium, Buxt. Synag. Jud. c. 12.
[657]Talmud tract. de novo anno ad initium, Buxt. Synag. Jud. c. 12.
[658]Moses Kotsen. in præcept. affirm. 136.
[658]Moses Kotsen. in præcept. affirm. 136.
In thisSynopsisfollowing (whichSixtinus Amamahath taken out ofScaliger) the manner ofIsraelstithings is set down.
We are to know moreover, that through the corruption of the times, in time ofHezekiah’s reign, Tithes began generally to be neglected, insomuch that thenOverseerswere appointed to look to the true payment thereof,2 Chr. 31. 13.Notwithstanding, partly through thenegligenceof theOverseers, partly through thecovetousnessof thepeople, about onehundred thirty years before ourSaviours Incarnation, corruption so prevailed, that the people in a mannerneglected all tithes, yea none or very few payed either their first, second, orpoor manns tithe, only they paid thegreat heave-offeringjustly. For this reason (saithMoses Kotsensis[659])in the daies ofJohnthe Priest, who succeededSimeonthe just, (I take it he meanethJohannes Hyrcanus) their great Court, termed theirSanhedrim, made a Decree, that more faithfulOverseersshould be appointed for theTithes. At this time many things became questionable, whether they were tithable or no; whence the high Court of theirSanhedrimdecreed, that in thethings doubtful(which they termed דמאיDemai)[660]though they paid neither first, norpoor mans tithe, yet they paid a secondtithe, and a small heave-offering; namely, אחד ממאהone part of an hundred:Mint,AniseandCummin, seemeth to have been of thesedoubtful things; in which, though the decree of theirSanhedrimrequired butone in the hundred, yet thePhariseeswould 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 otherJews, who in these payments took the liberty granted them by theSanhedrim.
[659]Moses Kotsen. fol. 199. col. 3.
[659]Moses Kotsen. fol. 199. col. 3.
[660]Moses Kotsen. ibid.
[660]Moses Kotsen. ibid.
In this Chapter of theirMarriages, we are to consider: First, thedistinction of their wives. Secondly, themanner of their betrothings. Thirdly, therites and ceremonies of their marriage. Lastly, theforme of their divorce. ThePatriarchsin theOld Testamenthadmany of them,two sorts of wives: both of them werereputed lawful, andtrue wives, and therefore the children of both were accountedlegitimate. TheHebrewscommonly call the one נשיםNaschim;Primary-wives, married with nuptial ceremonies and rites requisite. Some derive the word from נשהNischa,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 fromoblivion, orforgetfulness, because the Fathers family isforgotten, and in a mannerextinct in their daughters when they are married. Hence proceeds that common saying of theHebrews,[661]Familia matris non vocatur familia: and for the contrary reason, amale childis called זכרZacar, 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.
[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.
[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, orhalf wives; theEnglishtranslates themConcubines, and that not unfitly, for sometimes theHebrewword it self denoteth aninfamous Strumpet, orcommon Harlot.
[663]פלגש Vxor secundaria vocem compositam esse aiunt ex פלג Dividere, & אשה uxor, quasi uxor divisa & dimidia.
[663]פלגש Vxor secundaria vocem compositam esse aiunt ex פלג Dividere, & אשה uxor, quasi uxor divisa & dimidia.
The differences between theseConcubines, and thechieforprimary wives, are many. 1. Adisparityin their authority, or houshold government: theWifewas aMistress, theConcubineas anhand-maidorservant. She had onlyJus thori, a true and lawfulright unto the marriage bedas the chief wife had; otherwise she was in all respects inferiour. And this appeareth in the history ofSarahandHagar. Secondly, thebetrothingwas different: thechief wifeat her espousals received from her Husband certainGiftsandTokens, as pledges and ceremonies of the contract. ThusAbrahamssteward (who is probably thought to beEliezer, of whom we read,Gen. 15. 2.) gave inIsaacsname untoRebecca,jewels of silver, and jewels of gold, and raiment,Gen. 24. 53.This custome was in use also among theGrecians, who calleth these gifts Ἕδνα.[664]Moreover[665]the chief wifelikewise received from her husbanda bill of writing, ormatrimonialletters, whereas theConcubinereceived neithersuch gifts, nor suchletters.Thirdly, onlythe children of the chief wife succeeded the father in his inheritance; the children of the Concubine received gifts or legacies:Abraham gave all his goods to Isaac, but unto thesons of the ConcubineswhichAbrahamhad,Abraham gave gifts,Gen. 25. 5, 6.And here, by the way we may take notice, thatthe first-bornby right of primogeniture, received adouble portion of his fathers goods,the father shall give him a double portion of all that he hath for he is the first of his strength,Deut. 21. 17.Unto this custome theProphet Elisha’s speech alludeth, when he prayethElijah, that his spirit might bedoubleupon him,2 King. 2. 9.that is that he might have adouble portion of his spirit, in comparison of the other Prophets, or rather thesons of the Prophets, amongst whom he obtained the place of anelder brother, and therefore prayeth for theright of primogeniture: so that we are not to understand him, as if he did ambitiously desire a greater measure of the spirit than rested upon hisMaster, but that he desired to excel the otherremaining Prophets, unto whom afterward he became afather. TheHebr.phrase[666]is in both places the same.Secondly, in theirbetrothingwe are to consider, 1. Thedistance of timebetween theespousals, and theconfirmationof their marriage, which some have conceited to have been afull year, at least ten months; and this they observe fromRebecca, her brother and mothersanswer untoAbrahamsservant, desiring that the Maid might not depart presently, but remain after the Espousals at least ten dayes,Gen. 24. 55.Which Text they interpret[667]ten months, understanding thereby that which elsewhere is phrased[668]an year of dayes,Gen. 41. 1.But if we should yield this interpretation (although ourEnglishat least ten dayesis more agreeable unto theSeptuagintand theOriginal) yet it followeth not, that this time was craved for the fulfilling of any prescribed distance between the Espousals and the marriage, but rather it implieth the tender affection of the mother towards her daughter, as being loath so suddenly to part with her: Notwithstanding, it is not unlikely that there was a competent distance of time between the first affiancing, and the confirmation of themarriage, though not prescribed, orlimited to any set number of dayes,weeks, ormonths. The second thing considerable in their betrothings, is to enquire themanner of their contracting, which might be done inIsraelthree ways.[669]First,By a piece of money. Secondly,By writing. Thirdly,By copulation,and all these in the presence of witnesses.By a piece of money, though it were but a farthing, or the worth thereof, at which time the man used this, or the like form of words;[670]Lo thou art betrothed unto me: and he gave her the mony before witnesses.By bill, and then he wrote the like form of words;Be thou betrothed unto me, which he gave her before witnesses; and it was written with her name in it, else it was no betrothing.By copulation, and then he said likewise,Lo thou shalt be betrothed unto me by copulation, and so he was united unto her before two witnesses, after which copulation she was his betrothed wife. If he lay with her by way offornication, and not by thename of betrothing; or if it were by themselves, without the fore-acquainting ofWitnesses, it was no betrothing: however he might not lye with her the second time, before the marriage was accomplished. And though the betrothing might beany of these three wayes, yet usually it was by apiece of money; and if they would, they might do it bywriting, but betrothing by copulation was forbidden by the wise men ofIsrael, and who so did it was chastised with rods: howbeit thebetrothingstood in force. These solemnities inbetrothingwere performed by the man and woman under a Tent or Canopy made for the purpose, called in their languageChuppa,[671]a Tabernacle or Tent: to this the Psalmist alludeth,Psal. 19. 4, 5.In them hath he set a Tabernacle for the Sun which as a Bridegroom coming out of his Chamber, rejoyceth as a strong man to run a Race.
[664]Τάων ἧν κ’ ἐθέλῃσι φίλην ἀνάεδνον ἀγέσθω. Hom. Iliad. 9. vid. etiam Suid. in Ἕδνα.
[664]Τάων ἧν κ’ ἐθέλῃσι φίλην ἀνάεδνον ἀγέσθω. Hom. Iliad. 9. vid. etiam Suid. in Ἕδνα.
[665]D. Kimchi. 2 Sam. 5. 13.
[665]D. Kimchi. 2 Sam. 5. 13.
[666]פי שנים partem duorum.
[666]פי שנים partem duorum.
[667]Onkelos & R. Solom.
[667]Onkelos & R. Solom.
[668]שנתים ימים Duorum annorum dierum.
[668]שנתים ימים Duorum annorum dierum.
[669]בכסף או בשטר או בביאה וכולן בעדים Moses Kotsen. fol. 124.
[669]בכסף או בשטר או בביאה וכולן בעדים Moses Kotsen. fol. 124.
[670]הרי את מקודשת לי Maimon. in Ischoth, c. 3. s. 1.
[670]הרי את מקודשת לי Maimon. in Ischoth, c. 3. s. 1.
[671]חופה Elias Thisbit.
[671]חופה Elias Thisbit.
Thirdly, the rites and ceremonies of their marriage were performed in the assembly often menat least, with blessings and thanksgivings untoGod, whence the house it self was calledBeth hillula,[672]theHouse of praiseand their marriage songHillulim,[673]praises. TheBridegrooms intimate friendswhich accompanied him & sung thisEpithalamiumormarriage song, were termed υἱοὶ τοῦ νυμφῶνος,children of the Bride-chamber,Mat. 9. 15.Such I conceive thosethirty companionsto have been whichSampsonassociated to himself,Judg. 14. 11.The form of thisphraseorblessingis at large described byGenebrard, and the sum thereof is this: The chief of these companions taketh a cup, and blesseth it sayingBlessed art thou O Lord our God, the King of the world, wchcreatest the fruit of the vine: afterward then he saith,blessed be the Lord our God the King of the world, who hath created man after his own Image, according tothe image of his own likeness, & hath therby prepared unto himself an everlasting building, blessed be thou, O Lord, who hast created him. Then followeth again,Blessed art thou, O Lord our God, who hast created joy and gladness, the Bridegroom and the Bride, charity and brotherly love, rejoycing and pleasure, peace and society: I beseech thee, O Lord, let there suddenly be heard in the Cities of Judah, and the streets of Jerusalem the voice of joy & gladness, the voice of the bridegroom & the Bride: the voice of exultation in the bride-chamber is sweeter than any feast: and children sweeter than the sweetness of a song: and this being ended, he drinketh to the married couple.
[672]בית הלולא
[672]בית הלולא
[673]הלולים
[673]הלולים
This customeof praising Godat such times was not needless or superfluous, for thefruit of the wombwas expected as aspecial blessingfrom God, and so acknowledged by them in that saying, thatfour keyswere in the hand of him who was theLordof the whole world, which were committed neither toAngelnorSeraphim; namelyClavis pluviæ, clavis cibationis, clavis sepulchrorum, & clavis sterilitatis.[674]Concerning thekey of Rain, thus speaketh the Scripture,the Lord will open to thee his good treasure,Deut. 28.Concerning thekey of food,thou openest thy hands, Psal. 145. Concerning thekey of the grave,when I shall open your sepulchres,Ezek. 37.Concerning thekey of barrenness,God remembredRacheland opened her womb,Gen. 30.Whereby it is intimated, that these four thingsGod hath reserved in his own hand and custody: namely,Rain, food, the raising of our bodies and the procreation of children.
[674]מפתח מטרא מפתח פרנסה מפתח קבריא מפתת עקרתא Targum Hieros. Gen. 30. 21.
[674]מפתח מטרא מפתח פרנסה מפתח קבריא מפתת עקרתא Targum Hieros. Gen. 30. 21.
The timeof their marriage feastappeareth clearly to have beenusually seven daies.[675]Sampsoncontinued hisfeast seven daies,Judg. 14. 10, 11.And of thisseven daies feast,Divines[676]do understand that speech ofLabans unto Jacob, concerningLeah,fulfill her weak, and we will also give thee this,Gen. 29. 27.in which speech, it is thought thatLabandid desireJacob, not to reject and turn awayLeah, but to confirm the presentmarriage, by fulfilling theusual days of her marriage feast. From this custom, together with the practise ofJoseph, mourning seven dayes for his father,Gen. 50. 10.arose that usual proverb among theJews,Septem ad convivium, Septem ad luctum. The chief governor of the feast was calledBaal mischte;[677]which name is fitly expressed by being called theruler of the feast,[678]Joh. 2. 9.Themodern Jews in Italy, when they invite any to amarriage feast, use this form of words,Such a one, or such a one entreateth you to credit his daughters marriage with your presence at the feast, &c.Then he which is invited replieth,Mazal tob[679]which some interpret to be the wishing ofgood luckin general, but I rather think, that hereby was wished to the married parties,a special blessing in the procreation of children: whence thewedding ring, given unto the Bride-wife, had this inscription or posieMazal tob;[680]and theHebrewscall the PlanetJupiter,Mazal, whose influence they thought to be of great efficacy and force for generation: but in truth,Mazal, signifieth any other Planet or Star in the Heaven, according to thatHebrewProverb,[681]There is no herb in the earth, that hath not a Mazal or Star in the Firmament answering it, and striking it, saying grow. Nowtobsignifieth good; so that the phrase soundeth as much as,be it done in a good hour, orunder a good Planet.
[675]Vid. Thisbit. in חתן
[675]Vid. Thisbit. in חתן
[676]Augustin. quæst. super Genes. 88.
[676]Augustin. quæst. super Genes. 88.
[677]בעל משתה
[677]בעל משתה
[678]Αρχιτρίκλινος.
[678]Αρχιτρίκλινος.
[679]מזל טוב i. Stukius. de conviv. l. 2. c. 3.
[679]מזל טוב i. Stukius. de conviv. l. 2. c. 3.
[680]Munster. Gen. 30.
[680]Munster. Gen. 30.
[681]Non est tibi ulla herba inferius cui non sit Mazal in firmamento, & ferit ipsam τὸ Mazal, & dicit ei, Cresce.
[681]Non est tibi ulla herba inferius cui non sit Mazal in firmamento, & ferit ipsam τὸ Mazal, & dicit ei, Cresce.
At the time of the marriage also, the man gave his wife adowery bill, which theScrivenerwrote, and the Bride-groom paid for, whereby he endowed his spouse, if she were aVirgin, with 300 Deniers, (that isfifty shekels) and if she had been married before with an hundredDeniers, that is twenty five shekels and this was called therootorprincipal of the dowry: thedowrymight not be less, but more, so much as he would, though it were to a talent of gold. There is mention of a contract betweenTobiasandSarah, and that was performed,not by a Scrivener, but byRaguel, the womans father; where we may observe, that before the writing of this bill there was agiving of the woman unto her husband. The form of words there used is,Behold, take her after the Law of Moses,Tobit. 7. 14.A copy of this Dowry-bill is taken byBertramout of theBabylon Talmud. The words thereof arethus:[682]Upon the sixth day of the week, the fourth of the month Sivan, in the year five thousand two hundred fifty four of the creation of the world, according to the computation which we use here atMassilia, a City which is scituate near the Seashore, the BridegroomRabbi Moses, the son ofRabbi Jehuda, said unto the BridewifeClarona, the daughter ofRabbi David, the son ofRabbi Moses, a Citizen ofLisbon; Be unto me a wife according to the law ofMosesandIsrael: and I according to the word of God, will worship, honour, maintain, and govern thee according to the manner of the husbands among theJews, which do worship, honour, maintain, and govern their wives faithfully, I also do bestow upon thee the dowry of thy Virginity, 200 Deniers in silver, which belong unto thee by the law: and moreover, thy food, thy apparel, and sufficient necessaries; as likewise the knowledge of thee, according to the custom of all the earth. ThusClaronatheVirginrested and became awifetoRabbi Mosesthe son ofJehuda, the Bridegroom.
[682]Talmud. Bab. vid. Buxtorf. Grammatic. Chald. p. 38. 9.
[682]Talmud. Bab. vid. Buxtorf. Grammatic. Chald. p. 38. 9.
After the marriage was finished, then the wife might challenge from her Husband three things asdebt. 1.Food.2.Apparel.3.Cohabitation, orthe right of the bed; which they note fromExod. 21. 10.where it is said, If he take him another wife,her food, her raiment, and her duty of marriage shall he not diminish. And unto this theApostlealludeth, calling itDue benevolence,1 Cor. 7. 3.
The Wife, when she was first presented unto her Husband, covered her Head with aveil, in token ofsubjection.Rebeccatook aveil, and covered her self, (Gen. 24. 65.) and for this cause (namely insign of subjection) ought the woman to have power on her head,1 Cor. 11. 10.where byPowertheApostleunderstandeth aveil. Do any ask the question, why he should denote thisveilby the name ofpower, especially seeing it was intoken of subjection? TheApostlebeing anHebrewof theHebrews, might have respect to theHebrewwordRadid,[683]signifying aveil, which cometh from the rootRadad, to bearrule and authority, and so might use the Greek word,[684]signifyingpowerin the same sense as theHebrewsdid. And, in truth, what was this subjection to the husband but a kind ofpowerandprotectionderived unto theWife, in comparison of her former state, being aVirgin? and therefore in case her husband was jealous of her, among other tokens of sorrow, she was commanded to stand at her tryal with herhead uncovered,[685]Numb. 5. 18.intimating thereby, that if she could not then clear her self, she was from thenceforward deprived of allpower, which heretofore she enjoyed by the means of her Husband.
[683]רדיד Velamen mulieris, à verbo רדד Subjecit.
[683]רדיד Velamen mulieris, à verbo רדד Subjecit.
[684]Ἐξουσία.
[684]Ἐξουσία.
[685]בלא רדיד Sine Radid. ἄνευ ἐξουσίας. Sic ego interpretor verba Maimon. in Sota. 12. c. 3. sect. 5.
[685]בלא רדיד Sine Radid. ἄνευ ἐξουσίας. Sic ego interpretor verba Maimon. in Sota. 12. c. 3. sect. 5.
After the marriage was finished, sometimes there was permitted aBill of Divorce: this theHebrewscalledSepher Kerithuth,[686]a Bill of cutting off, because the woman is by this meanscut off from her Husbands family.Ten things werethought[687]requisite as therootand foundation of a divorce. 1.That a man put her not away but of his own will.2.That he put her away by writing, not by any other thing.3.That the matter of the writing be to divorce her, and put her away, out of her possession.4.That the matter of that divorcement be between him and her.5.That it be written by her name.6.That there be no action wanting, after the writing thereof, save the delivery of it unto her.7.That he give it unto her.8.That he give it her before witnesses.9.That he give it her by the law of divorces.10.That it be the Husband or his deputy that delivereth it unto her.The form or copy of thisbill of divorcementwas as followeth,[688]Upon such a day of the week, such and such of the month N. such or such an year of the Creation of the world, according to the computation which we use here in this City N. scituate near the River N. that I of the Country N. the son of Rabbi N. of the Country N. But now I dwelling in such or such a place, near such or such a river, have desired of my own free will, without any coaction, and have divorced dismissed and cast out thee, thee I say, thee my wife N. of the country N. the daughter of Rabbi N. dwelling in such or such a country, and dwelling now in such or such a place, scituate near such or such a river, which hast been my wife heretofore, but now I do divorce thee, dismiss thee, and cast thee out, that thou mayst be free, and have the rule of thy self, and to depart, and to marry with any other man whom thou wilt, and let no man be refused by thee for me from this day forward for ever. Thus be thou lawful for any man, and this shall be to thee from me, a bill of separation, a bill of divorce, and a letter of dismission, according to the law ofMosesandIsrael.
N.the son ofN.witness.N.the son ofN.witness.