DELITERONOMIE XXII. tined, neither the tree or ground but that the Scripture /feak th by an infiance. Maimony torn. 2. in Shechi- tab chap.13. felt. 17. the damme] Hebt. the mother : fo after, formes for young ones ; which names the Scripture giveth to all living things; and the Greeke and Cbaldce keepe the Hebrew phrale, mother and children. The Hebrewes under- hand this precifely of the damme or female on- ly, and fay , A male that is found fitting upen a nefi, free from being fort awgy ; (that is a man is not botiad to let it goe :) Maim. ibidem, fc&. i o. thou (halt not take] to wit , end kill , for that is chiefly here intcnded.Hee ¡bat taketbthe damme with the young, andkillethher, the ffefh is lawful! to be eaten I but be is to be beaten for killing the damme. And fo ¡ if fhe die before bee let her gee, he it to bee beaten : but if hee let her goe after bee bath taken ber , he is free. Maimony in Shechitah, chap. 13. fe &.1. Com- pare herewith the Law inLevit.29. 28. Whether it be Cow or Ewe, yee"ball not bill it and heryoung both in one day. Vcrf. 7. Sending thou fbalt find] that is, in any 7 wife fend away (or l4 goe) the damme. This (hewed the ltri &neffe of the precept, which alto mull be done willingly, uponthe former penaltie. For every prohibition, after which commeth a pre - cept affirmative , a man is bound to performe the pre- cept concerning it ; and if bee performe it not, lee is to bee beatm. If one come and [notch the damme out of his band, and find her away , or if (bee efcape away from under his band againfl hia will, bee it to be beaten ;' for till bee fend her away of bimfelfe, bee perfirmeth not theprecept concerning ber. If bee take the damme, and clip her wings, that fhee eanmot ffy , and then fend her away, be is to be chaflifed with (tripes ; and bee muff keepe her by him till ber wings bee growne, and then fend her away. And if Thee die before, or be lot(, bee Id to be beaten , for bee hash not performed the comman- dement. If be fend her away and Thee come againe, he muff find ber away again though it be foure er five times; fir it is faid, SENDING THOV SHALT SEND HER AWAY. If one fay, I will take the damme , and find away the young, bee is bound to fend away the damme. The fending away or the damme is not in nfe, fave for Beane birds, &c. Maimony in Shechitah,chap.13. íc&.2,3,4. 6.8. It is unlawfuli to take the damme with the young, though it bee to cleauf a Leper with them , which is a thing commanded, (Levit. 14.4.) and if bee take ber bee is bound to find bur away : for a commandement is not of force to difanull a prohibition and a common- dement ; but a commandement and a prohibition d e difanull a commandement. Ibidem , fe &ion 19. God by this Law teacheth us mercy and pie- tie ; ('as it is noted tor barbarous cruelty, when the mother is killed with the children , Hof.10.14. Gen,32.1s.) therefore when the bird is hatching her egges or cherilliing her young, Thee may not be killed. And as the Hebrewes fay, If flue were fitting but upon one young, or one egge, a man was bound to fend her away: howbeit, that if fhe were taken fr. .in the nett by hunting, it was lawfull : the Law feirbidieth not fave to bunt (or take) her when (hee cannot file away for (affe &ion to) ber young which flue hauleth; or it is Paid, AND 7HE DAA SITTING l'I ON THE 70vNG, &c. Maimony in Shechitah,chap.13. feEt.16,7. And this law for companion towards birds, teacheth compaflion towards mankind much more; as when he faith, Tbanfhalt not moufill the oxe, Deut. 25.4. the Apollle fheweth it to be written far ouur fakes, , Cor.9. 9.1 o. So the Hebrewes here fay, This is to lead us unto mercy, and to take out of our hearts crueltie and the like (affe &ions,) not that the intent of the commandement is to thew compaffion unto birds, &c. but to mankind. R. Menachem on Deut,25.7.101.210. prolong thy dayes] The like biding is promifed to then, that honour father and mother 5 Deut. 5. r 6. the He- brcwes account that one of the great commande- ments; and this of the bird they count the lull of all in Mofes law : and yet Inch a promife is annexed hereunto. Verf.8. anew boufi] to wit, á- dwelling houfd ; 8 for fo the Hebrewes explaine it , It is commanded to male a battlement for the reife , if it bee a dwelling houfe but a barite, or affable, or the like, a man is not bound concerning them. Maimony treat. of Murder, chap.' i. fe&.r. a battlement] in Greeke, a erotrne : which was to compaffe the roofe of the houle round about,to keepe men from falling off. For in Ifrael the houles had flat roofes,on which men walked , 2 Sam. t 1.2. and from thence they called & fpake to the people : whereupon Chri(t fpeaketh of preaching,and proclaiming upon the boufi tops, Matta o.z7. Luke 12.3. The beigbthof the battlement might not be life than to; band-bredtbs [fix of which hand - bredths made a cubit] and it was to be firong, that a man might leans thereon, and not fall. Maimony treatife of Murder, chap. is. le &.3. that thou put not] or, and thou fhalt not put bloods , which the Greeke tranflateth, and tbetu fbalt not make man- (laughter in thy boufe; and the I Chaldce, for blouds, faith guilt of murder, as the word blonds often fignifieth : fee Gen. 4. 1o. By this it appeareth, that all other occafions of blond-filedwere to be prevented in other places, as well as on houfetops. Which the Hebrewes 'I declare thus; Whether it be the bottle top, or any other thing , wherein there is danger and likelihood that a man may fall and dye; and if a man have apit or Well in bit yard , have it water init, or not, he it bound to make a fénee about it tenb.md- breekbs high , or to mikea cover over it,tbat no manfall therein and die. And fa any ffant- blingbloke whereby obre danger of life, a mask com- manded to remove she fame, and tobeware thereof and to give warning of the thing very heedfully. Otherwifi if he remove them toto, but leo :e fiumbling blocks that may bring into danger, he breaketh a commandement, and tranfgref/etb this prohibition, of P'VT T IN G B L O V D S. Maimony treat. of Murder, chap. Verf.9, thy vineyard] nor any other field, Levit. I 9 19.19. divert kinds lief mixtures, as wheat, and barley together, or the like. Sec the Annotations onLevit.i9.19. The Hebrewes divide feeds into three forts. The firft of them is calledTebuab, (Reve- nue,) and it comprehended, the five 1Zmds of grains, Wheat i
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