2. Josephus Flavius, Jewish Antiquities, 1.5, 1.11-1.20, 3.84, 3.322, 4.177-4.184, 4.186, 4.194, 4.196-4.302, 4.309, 4.312, 5.186, 10.278, 10.280, 14.2, 16.43-16.44, 19.173, 20.229, 20.234, 20.251, 20.261 (1st cent. CE - 1st cent. CE)
| 1.5. 2. Now I have undertaken the present work, as thinking it will appear to all the Greeks worthy of their study; for it will contain all our antiquities, and the constitution of our government, as interpreted out of the Hebrew Scriptures. 1.5. He also deprived the serpent of speech, out of indignation at his malicious disposition towards Adam. Besides this, he inserted poison under his tongue, and made him an enemy to men; and suggested to them, that they should direct their strokes against his head, that being the place wherein lay his mischievous designs towards men, and it being easiest to take vengeance on him, that way. And when he had deprived him of the use of his feet, he made him to go rolling all along, and dragging himself upon the ground. 1.11. Now Eleazar, the high priest, one not inferior to any other of that dignity among us, did not envy the forenamed king the participation of that advantage, which otherwise he would for certain have denied him, but that he knew the custom of our nation was, to hinder nothing of what we esteemed ourselves from being communicated to others. 1.11. Now the plain in which they first dwelt was called Shinar. God also commanded them to send colonies abroad, for the thorough peopling of the earth, that they might not raise seditions among themselves, but might cultivate a great part of the earth, and enjoy its fruits after a plentiful manner. But they were so ill instructed that they did not obey God; for which reason they fell into calamities, and were made sensible, by experience, of what sin they had been guilty: 1.12. Accordingly, I thought it became me both to imitate the generosity of our high priest, and to suppose there might even now be many lovers of learning like the king; for he did not obtain all our writings at that time; but those who were sent to Alexandria as interpreters, gave him only the books of the law 1.12. 1. After this they were dispersed abroad, on account of their languages, and went out by colonies every where; and each colony took possession of that land which they light upon, and unto which God led them; so that the whole continent was filled with them, both the inland and the maritime countries. There were some also who passed over the sea in ships, and inhabited the islands: 1.13. while there were a vast number of other matters in our sacred books. They, indeed, contain in them the history of five thousand years; in which time happened many strange accidents, many chances of war, and great actions of the commanders, and mutations of the form of our government. 1.13. 2. The children of Ham possessed the land from Syria and Amanus, and the mountains of Libanus; seizing upon all that was on its sea-coasts, and as far as the ocean, and keeping it as their own. Some indeed of its names are utterly vanished away; others of them being changed, and another sound given them, are hardly to be discovered; yet a few there are which have kept their denominations entire. 1.14. Upon the whole, a man that will peruse this history, may principally learn from it, that all events succeed well, even to an incredible degree, and the reward of felicity is proposed by God; but then it is to those that follow his will, and do not venture to break his excellent laws: and that so far as men any way apostatize from the accurate observation of them, what was practicable before becomes impracticable; and whatsoever they set about as a good thing is converted into an incurable calamity. 1.14. 3. Noah, when, after the deluge, the earth was resettled in its former condition, set about its cultivation; and when he had planted it with vines, and when the fruit was ripe, and he had gathered the grapes in their season, and the wine was ready for use, he offered sacrifice, and feasted 1.15. And now I exhort all those that peruse these books, to apply their minds to God; and to examine the mind of our legislator, whether he hath not understood his nature in a manner worthy of him; and hath not ever ascribed to him such operations as become his power, and hath not preserved his writings from those indecent fables which others have framed 1.15. Heber begat Phaleg in his hundred and thirty-fourth year; he himself being begotten by Sala when he was a hundred and thirty years old, whom Arphaxad had for his son at the hundred and thirty-fifth year of his age. Arphaxad was the son of Shem, and born twelve years after the deluge. 1.16. although, by the great distance of time when he lived, he might have securely forged such lies; for he lived two thousand years ago; at which vast distance of ages the poets themselves have not been so hardy as to fix even the generations of their gods, much less the actions of their men, or their own laws. 1.16. but, after a long time, he got him up, and removed from that country also, with his people, and went into the land then called the land of Canaan, but now the land of Judea, and this when his posterity were become a multitude; as to which posterity of his, we relate their history in another work. Now the name of Abram is even still famous in the country of Damascus; and there is shown a village named from him, The Habitation of Abram.” 1.17. As I proceed, therefore, I shall accurately describe what is contained in our records, in the order of time that belongs to them; for I have already promised so to do throughout this undertaking; and this without adding any thing to what is therein contained, or taking away any thing therefrom. 1.17. and he took himself what the other left, which were the lower grounds at the foot of the mountains; and he himself dwelt in Hebron, which is a city seven years more ancient than Tanis of Egypt. But Lot possessed the land of the plain, and the river Jordan, not far from the city of Sodom, which was then a fine city, but is now destroyed, by the will and wrath of God, the cause of which I shall show in its proper place hereafter. 1.18. 4. But because almost all our constitution depends on the wisdom of Moses, our legislator, I cannot avoid saying somewhat concerning him beforehand, though I shall do it briefly; I mean, because otherwise those that read my book may wonder how it comes to pass, that my discourse, which promises an account of laws and historical facts, contains so much of philosophy. 1.18. where Melchisedec, king of the city Salem, received him. That name signifies, the righteous king: and such he was, without dispute, insomuch that, on this account, he was made the priest of God: however, they afterward called Salem Jerusalem. 1.19. The reader is therefore to know, that Moses deemed it exceeding necessary, that he who would conduct his own life well, and give laws to others, in the first place should consider the divine nature; and, upon the contemplation of God’s operations, should thereby imitate the best of all patterns, so far as it is possible for human nature to do, and to endeavor to follow after it: 1.19. He also told her, that if she disobeyed God, and went on still in her way, she should perish; but if she would return back, she should become the mother of a son who should reign over that country. These admonitions she obeyed, and returned to her master and mistress, and obtained forgiveness. A little while afterwards, she bare Ismael; which may be interpreted Heard of God, because God had heard his mother’s prayer. 3.84. whereupon he called together the people to a congregation, in order to their hearing what God would say to them: and when they were gathered together, he stood on an eminence whence they might all hear him, and said, “God has received me graciously, O Hebrews, as he has formerly done; and has suggested a happy method of living for you, and an order of political government, and is now present in the camp: 3.322. Whence we are not to wonder at what was then done, while to this very day the writings left by Moses have so great a force, that even those that hate us do confess, that he who established this settlement was God, and that it was by the means of Moses, and of his virtue; but as to these matters, let every one take them as he thinks fit. 4.177. 2. “O you Israelites and fellow soldiers, who have been partners with me in this long and uneasy journey; since it is now the will of God, and the course of old age, at a hundred and twenty, requires it that I should depart out of this life; and since God has forbidden me to be a patron or an assistant to you in what remains to be done beyond Jordan; 4.178. I thought it reasonable not to leave off my endeavors even now for your happiness, but to do my utmost to procure for you the eternal enjoyment of good things, and a memorial for myself, when you shall be in the fruition of great plenty and prosperity. 4.179. Come, therefore, let me suggest to you by what means you may be happy, and may leave an eternal prosperous possession thereof to your children after you, and then let me thus go out of the world; and I cannot but deserve to be believed by you, both on account of the great things I have already done for you, and because, when souls are about to leave the body, they speak with the sincerest freedom. 4.181. only do you be obedient to those whom God would have you to follow. Nor do you prefer any other constitution of government before the laws now given you; neither do you disregard that way of divine worship which you now have, nor change it for any other form: and if you do this, you will be the most courageous of all men, in undergoing the fatigues of war, and will not be easily conquered by any of your enemies; 4.182. for while God is present with you to assist you, it is to be expected that you will be able to despise the opposition of all mankind; and great rewards of virtue are proposed for you, if you preserve that virtue through your whole lives. Virtue itself is indeed the principal and the first reward, and after that it bestows abundance of others; 4.183. o that your exercise of virtue towards other men will make your own lives happy, and render you more glorious than foreigners can be, and procure you an undisputed reputation with posterity. These blessings you will be able to obtain, in case you hearken to and observe those laws which, by divine revelation, I have ordained for you; that is, in case you withal meditate upon the wisdom that is in them. 4.184. I am going from you myself, rejoicing in the good things you enjoy; and I recommend you to the wise conduct of your law, to the becoming order of your polity, and to the virtues of your commanders, who will take care of what is for your advantage. 4.186. Your high priest also Eleazar, as well as Joshua, with the senate, and chief of your tribes, will go before you, and suggest the best advices to you; by following which advices you will continue to be happy: to whom do you give ear without reluctance, as sensible that all such as know well how to be governed, will also know how to govern, if they be promoted to that authority themselves. 4.194. 3. When he had spoken thus, he gave them the laws and the constitution of government written in a book. Upon which the people fell into tears, and appeared already touched with the sense that they should have a great want of their conductor, because they remembered what a number of dangers he had passed through, and what care he had taken of their preservation: they desponded about what would come upon them after he was dead, and thought they should never have another governor like him; and feared that God would then take less care of them when Moses was gone, who used to intercede for them. 4.196. 4. Accordingly, I shall now first describe this form of government which was agreeable to the dignity and virtue of Moses; and shall thereby inform those that read these Antiquities, what our original settlements were, and shall then proceed to the remaining histories. Now those settlements are all still in writing, as he left them; and we shall add nothing by way of ornament, nor any thing besides what Moses left us; 4.197. only we shall so far innovate, as to digest the several kinds of laws into a regular system; for they were by him left in writing as they were accidentally scattered in their delivery, and as he upon inquiry had learned them of God. On which account I have thought it necessary to premise this observation beforehand, lest any of my own countrymen should blame me, as having been guilty of an offense herein. 4.198. Now part of our constitution will include the laws that belong to our political state. As for those laws which Moses left concerning our common conversation and intercourse one with another, I have reserved that for a discourse concerning our manner of life, and the occasions of those laws; which I propose to myself, with God’s assistance, to write, after I have finished the work I am now upon. 4.199. 5. When you have possessed yourselves of the land of Canaan, and have leisure to enjoy the good things of it, and when you have afterward determined to build cities, if you will do what is pleasing to God, you will have a secure state of happiness. 4.201. Let the ascent to it be not by steps but by an acclivity of raised earth. And let there be neither an altar nor a temple in any other city; for God is but one, and the nation of the Hebrews is but one. 4.202. 6. He that blasphemeth God, let him be stoned; and let him hang upon a tree all that day, and then let him be buried in an ignominious and obscure manner. 4.203. 7. Let those that live as remote as the bounds of the land which the Hebrews shall possess, come to that city where the temple shall be, and this three times in a year, that they may give thanks to God for his former benefits, and may entreat him for those they shall want hereafter; and let them, by this means, maintain a friendly correspondence with one another by such meetings and feastings together 4.204. for it is a good thing for those that are of the same stock, and under the same institution of laws, not to be unacquainted with each other; which acquaintance will be maintained by thus conversing together, and by seeing and talking with one another, and so renewing the memorials of this union; for if they do not thus converse together continually, they will appear like mere strangers to one another. 4.205. 8. Let there be taken out of your fruits a tenth, besides that which you have allotted to give to the priests and Levites. This you may indeed sell in the country, but it is to be used in those feasts and sacrifices that are to be celebrated in the holy city; for it is fit that you should enjoy those fruits of the earth which God gives you to possess, so as may be to the honor of the donor. 4.206. 9. You are not to offer sacrifices out of the hire of a woman who is a harlot for the Deity is not pleased with any thing that arises from such abuses of nature; of which sort none can be worse than this prostitution of the body. In like manner no one may take the price of the covering of a bitch, either of one that is used in hunting, or in keeping of sheep, and thence sacrifice to God. 4.207. 10. Let no one blaspheme those gods which other cities esteem such; nor may any one steal what belongs to strange temples, nor take away the gifts that are dedicated to any god. 4.208. 11. Let not any one of you wear a garment made of woolen and linen, for that is appointed to be for the priests alone. 4.209. 12. When the multitude are assembled together unto the holy city for sacrificing every seventh year, at the feast of tabernacles, let the high priest stand upon a high desk, whence he may be heard, and let him read the laws to all the people; and let neither the women nor the children be hindered from hearing, no, nor the servants neither; 4.211. that so there may always be within their minds that intention of the laws which they have despised and broken, and have thereby been the causes of their own mischief. Let the children also learn the laws, as the first thing they are taught, which will be the best thing they can be taught, and will be the cause of their future felicity. 4.212. 13. Let every one commemorate before God the benefits which he bestowed upon them at their deliverance out of the land of Egypt, and this twice every day, both when the day begins and when the hour of sleep comes on, gratitude being in its own nature a just thing, and serving not only by way of return for past, but also by way of invitation of future favors. 4.213. They are also to inscribe the principal blessings they have received from God upon their doors, and show the same remembrance of them upon their arms; as also they are to bear on their forehead and their arm those wonders which declare the power of God, and his good-will towards them, that God’s readiness to bless them may appear every where conspicuous about them. 4.214. 14. Let there be seven men to judge in every city, and these such as have been before most zealous in the exercise of virtue and righteousness. Let every judge have two officers allotted him out of the tribe of Levi. 4.215. Let those that are chosen to judge in the several cities be had in great honor; and let none be permitted to revile any others when these are present, nor to carry themselves in an insolent manner to them; it being natural that reverence towards those in high offices among men should procure men’s fear and reverence towards God. 4.216. Let those that judge be permitted to determine according as they think to be right, unless any one can show that they have taken bribes, to the perversion of justice, or can allege any other accusation against them, whereby it may appear that they have passed an unjust sentence; for it is not fit that causes should be openly determined out of regard to gain, or to the dignity of the suitors, but that the judges should esteem what is right before all other things 4.217. otherwise God will by that means be despised, and esteemed inferior to those, the dread of whose power has occasioned the unjust sentence; for justice is the power of God. He therefore that gratifies those in great dignity, supposes them more potent than God himself. 4.218. But if these judges be unable to give a just sentence about the causes that come before them, (which case is not unfrequent in human affairs,) let them send the cause undetermined to the holy city, and there let the high priest, the prophet, and the sanhedrim, determine as it shall seem good to them. 4.219. 15. But let not a single witness be credited, but three, or two at the least, and those such whose testimony is confirmed by their good lives. But let not the testimony of women be admitted, on account of the levity and boldness of their sex Nor let servants be admitted to give testimony, on account of the ignobility of their soul; since it is probable that they may not speak truth, either out of hope of gain, or fear of punishment. But if any one be believed to have borne false witness, let him, when he is convicted, suffer all the very same punishments which he against whom he bore witness was to have suffered. 4.221. then let the magistrates of the nearest city thereto purchase a heifer, and bring it to a valley, and to a place therein where there is no land ploughed or trees planted, and let them cut the sinews of the heifer; 4.222. then the priests and Levites, and the senate of that city, shall take water and wash their hands over the head of the heifer; and they shall openly declare that their hands are innocent of this murder, and that they have neither done it themselves, nor been assisting to any that did it. They shall also beseech God to be merciful to them, that no such horrid act may any more be done in that land. 4.223. 17. Aristocracy, and the way of living under it, is the best constitution: and may you never have any inclination to any other form of government; and may you always love that form, and have the laws for your governors, and govern all your actions according to them; for you need no supreme governor but God. But if you shall desire a king, let him be one of your own nation; let him be always careful of justice and other virtues perpetually; 4.224. let him submit to the laws, and esteem God’s commands to be his highest wisdom; but let him do nothing without the high priest and the votes of the senators: let him not have a great number of wives, nor pursue after abundance of riches, nor a multitude of horses, whereby he may grow too proud to submit to the laws. And if he affect any such things, let him be restrained, lest he become so potent that his state be inconsistent with your welfare. 4.225. 18. Let it not be esteemed lawful to remove boundaries, neither our own, nor of those with whom we are at peace. Have a care you do not take those landmarks away which are, as it were, a divine and unshaken limitation of rights made by God himself, to last for ever; since this going beyond limits, and gaining ground upon others, is the occasion of wars and seditions; for those that remove boundaries are not far off an attempt to subvert the laws. 4.226. 19. He that plants a piece of land, the trees of which produce fruits before the fourth year, is not to bring thence any first-fruits to God, nor is he to make use of that fruit himself, for it is not produced in its proper season; for when nature has a force put upon her at an unseasonable time, the fruit is not proper for God, nor for the master’s use; 4.227. but let the owner gather all that is grown on the fourth year, for then it is in its proper season. And let him that has gathered it carry it to the holy city, and spend that, together with the tithe of his other fruits, in feasting with his friends, with the orphans, and the widows. But on the fifth year the fruit is his own, and he may use it as he pleases. 4.228. 20. You are not to sow with seed a piece of land which is planted with vines, for it is enough that it supply nourishment to that plant, and be not harassed by ploughing also. You are to plough your land with oxen, and not to oblige other animals to come under the same yoke with them; but to till your land with those beasts that are of the same kind with each other. The seeds are also to be pure, and without mixture, and not to be compounded of two or three sorts, since nature does not rejoice in the union of things that are not in their own nature alike; 4.229. nor are you to permit beasts of different kinds to gender together, for there is reason to fear that this unnatural abuse may extend from beasts of different kinds to men, though it takes its first rise from evil practices about such smaller things. 4.231. 21. Let not those that reap, and gather in the corn that is reaped, gather in the gleanings also; but let them rather leave some handfuls for those that are in want of the necessaries of life, that it may be a support and a supply to them, in order to their subsistence. In like manner when they gather their grapes, let them leave some smaller bunches for the poor, and let them pass over some of the fruits of the olive-trees, when they gather them, and leave them to be partaken of by those that have none of their own; 4.232. for the advantage arising from the exact collection of all, will not be so considerable to the owners as will arise from the gratitude of the poor. And God will provide that the land shall more willingly produce what shall be for the nourishment of its fruits, in case you do not merely take care of your own advantage, but have regard to the support of others also. 4.233. Nor are you to muzzle the mouths of the oxen when they tread the ears of corn in the thrashing-floor; for it is not just to restrain our fellow-laboring animals, and those that work in order to its production, of this fruit of their labors. 4.234. Nor are you to prohibit those that pass by at the time when your fruits are ripe to touch them, but to give them leave to fill themselves full of what you have; and this whether they be of your own country or strangers,—as being glad of the opportunity of giving them some part of your fruits when they are ripe; but let it not be esteemed lawful for them to carry any away. 4.235. Nor let those that gather the grapes, and carry them to the wine-presses, restrain those whom they meet from eating of them; for it is unjust, out of envy, to hinder those that desire it, to partake of the good things that come into the world according to God’s will, and this while the season is at the height, and is hastening away as it pleases God. 4.236. Nay, if some, out of bashfulness, are unwilling to touch these fruits, let them be encouraged to take of them (I mean, those that are Israelites) as if they were themselves the owners and lords, on account of the kindred there is between them. Nay, let them desire men that come from other countries, to partake of these tokens of friendship which God has given in their proper season; 4.237. for that is not to be deemed as idly spent, which any one out of kindness communicates to another, since God bestows plenty of good things on men, not only for themselves to reap the advantage, but also to give to others in a way of generosity; and he is desirous, by this means, to make known to others his peculiar kindness to the people of Israel, and how freely he communicates happiness to them, while they abundantly communicate out of their great superfluities to even these foreigners also. 4.238. But for him that acts contrary to this law, let him be beaten with forty stripes save one by the public executioner; let him undergo this punishment, which is a most ignominious one for a free-man, and this because he was such a slave to gain as to lay a blot upon his dignity; 4.239. for it is proper for you who have had the experience of the afflictions in Egypt, and of those in the wilderness, to make provision for those that are in the like circumstances; and while you have now obtained plenty yourselves, through the mercy and providence of God, to distribute of the same plenty, by the like sympathy, to such as stand in need of it. 4.241. But as to the ripe fruits, let them carry that which is ripe first of all into the temple; and when they have blessed God for that land which bare them, and which he had given them for a possession, when they have also offered those sacrifices which the law has commanded them to bring, let them give the first-fruits to the priests. 4.242. But when any one hath done this, and hath brought the tithe of all that he hath, together with those first-fruits that are for the Levites, and for the festivals, and when he is about to go home, let him stand before the holy house, and return thanks to God, that he hath delivered them from the injurious treatment they had in Egypt, and hath given them a good land, and a large, and lets them enjoy the fruits thereof; and when he hath openly testified that he hath fully paid the tithes [and other dues] according to the laws of Moses 4.243. let him entreat God that he will be ever merciful and gracious to him, and continue so to be to all the Hebrews, both by preserving the good things which he hath already given them, and by adding what it is still in his power to bestow upon them. 4.244. 23. Let the Hebrews marry, at the age fit for it, virgins that are free, and born of good parents. And he that does not marry a virgin, let him not corrupt another man’s wife, and marry her, nor grieve her former husband. Nor let free men marry slaves, although their affections should strongly bias any of them so to do; for it is decent, and for the dignity of the persons themselves, to govern those their affections. 4.245. And further, no one ought to marry a harlot, whose matrimonial oblations, arising from the prostitution of her body, God will not receive; for by these means the dispositions of the children will be liberal and virtuous; I mean, when they are not born of base parents, and of the lustful conjunction of such as marry women that are not free. 4.246. If any one has been espoused to a woman as to a virgin, and does not afterward find her so to be, let him bring his action, and accuse her, and let him make use of such indications to prove his accusation as he is furnished withal; and let the father or the brother of the damsel, or some one that is after them nearest of kin to her, defend her. 4.247. If the damsel obtain a sentence in her favor, that she had not been guilty, let her live with her husband that accused her; and let him not have any further power at all to put her away, unless she give him very great occasions of suspicion, and such as can be no way contradicted. 4.248. But for him that brings an accusation and calumny against his wife in an impudent and rash manner, let him be punished by receiving forty stripes save one, and let him pay fifty shekels to her father: but if the damsel be convicted, as having been corrupted, and is one of the common people, let her be stoned, because she did not preserve her virginity till she were lawfully married; but if she were the daughter of a priest, let her be burnt alive. 4.249. If any one has two wives, and if he greatly respect and be kind to one of them, either out of his affection to her, or for her beauty, or for some other reason, while the other is of less esteem with him; and if the son of her that is beloved be the younger by birth than another born of the other wife, but endeavors to obtain the right of primogeniture from his father’s kindness to his mother, and would thereby obtain a double portion of his father’s substance, for that double portion is what I have allotted him in the laws,—let not this be permitted; 4.251. He that hath corrupted a damsel espoused to another man, in case he had her consent, let both him and her be put to death, for they are both equally guilty; the man, because he persuaded the woman willingly to submit to a most impure action, and to prefer it to lawful wedlock; the woman, because she was persuaded to yield herself to be corrupted, either for pleasure or for gain. 4.252. However, if a man light on a woman when she is alone, and forces her, where nobody was present to come to her assistance, let him only be put to death. Let him that hath corrupted a virgin not yet espoused marry her; but if the father of the damsel be not willing that she should be his wife, let him pay fifty shekels as the price of her prostitution. 4.253. He that desires to be divorced from his wife for any cause whatsoever, (and many such causes happen among men,) let him in writing give assurance that he will never use her as his wife any more; for by this means she may be at liberty to marry another husband, although before this bill of divorce be given, she is not to be permitted so to do: but if she be misused by him also, or if, when he is dead, her first husband would marry her again, it shall not be lawful for her to return to him. 4.254. If a woman’s husband die, and leave her without children, let his brother marry her, and let him call the son that is born to him by his brother’s name, and educate him as the heir of his inheritance, for this procedure will be for the benefit of the public, because thereby families will not fail, and the estate will continue among the kindred; and this will be for the solace of wives under their affliction, that they are to be married to the next relation of their former husbands. 4.255. But if the brother will not marry her, let the woman come before the senate, and protest openly that this brother will not admit her for his wife, but will injure the memory of his deceased brother, while she is willing to continue in the family, and to hear him children. And when the senate have inquired of him for what reason it is that he is averse to this marriage, whether he gives a bad or a good reason, the matter must come to this issue 4.256. That the woman shall loose the sandals of the brother, and shall spit in his face, and say, He deserves this reproachful treatment from her, as having injured the memory of the deceased. And then let him go away out of the senate, and bear this reproach upon him all his life long; and let her marry to whom she pleases, of such as seek her in marriage. 4.257. But now, if any man take captive, either a virgin, or one that hath been married, and has a mind to marry her, let him not be allowed to bring her to bed to him, or to live with her as his wife, before she hath her head shaven, and hath put on her mourning habit, and lamented her relations and friends that were slain in the battle 4.258. that by this means she may give vent to her sorrow for them, and after that may betake herself to feasting and matrimony; for it is good for him that takes a woman, in order to have children by her, to be complaisant to her inclinations, and not merely to pursue his own pleasure, while he hath no regard to what is agreeable to her. 4.259. But when thirty days are past, as the time of mourning, for so many are sufficient to prudent persons for lamenting the dearest friends, then let them proceed to the marriage; but in case when he hath satisfied his lust, he be too proud to retain her for his wife, let him not have it in his power to make her a slave, but let her go away whither she pleases, and have that privilege of a free woman. 4.261. and let them say thus to them:—That they cohabited together, not for the sake of pleasure, nor for the augmentation of their riches, by joining both their stocks together, but that they might have children to take care of them in their old age, and might by them have what they then should want. And say further to him, “That when thou wast born, we took thee up with gladness, and gave God the greatest thanks for thee, and brought time up with great care, and spared for nothing that appeared useful for thy preservation, and for thy instruction in what was most excellent. 4.262. And now, since it is reasonable to forgive the sins of those that are young, let it suffice thee to have given so many indications of thy contempt of us; reform thyself, and act more wisely for the time to come; considering that God is displeased with those that are insolent towards their parents, because he is himself the Father of the whole race of mankind, and seems to bear part of that dishonor which falls upon those that have the same name, when they do not meet with dire returns from their children. And on such the law inflicts inexorable punishment; of which punishment mayst thou never have the experience.” 4.263. Now if the insolence of young men be thus cured, let them escape the reproach which their former errors deserved; for by this means the lawgiver will appear to be good, and parents happy, while they never behold either a son or a daughter brought to punishment. 4.264. But if it happen that these words and instructions, conveyed by them in order to reclaim the man, appear to be useless, then the offender renders the laws implacable enemies to the insolence he has offered his parents; let him therefore be brought forth by these very parents out of the city, with a multitude following him, and there let him be stoned; and when he has continued there for one whole day, that all the people may see him, let him be buried in the night. 4.265. And thus it is that we bury all whom the laws condemn to die, upon any account whatsoever. Let our enemies that fall in battle be also buried; nor let any one dead body lie above the ground, or suffer a punishment beyond what justice requires. 4.266. 25. Let no one lend to any one of the Hebrews upon usury, neither usury of what is eaten or what is drunken, for it is not just to make advantage of the misfortunes of one of thy own countrymen; but when thou hast been assistant to his necessities, think it thy gain if thou obtainest their gratitude to thee; and withal that reward which will come to thee from God, for thy humanity towards him. 4.267. 26. Those who have borrowed either silver or any sort of fruits, whether dry or wet, (I mean this, when the Jewish affairs shall, by the blessing of God, be to their own mind,) let the borrowers bring them again, and restore them with pleasure to those who lent them, laying them up, as it were, in their own treasuries, and justly expecting to receive them thence, if they shall want them again. 4.268. But if they be without shame, and do not restore it, let not the lender go to the borrower’s house, and take a pledge himself, before judgment be given concerning it; but let him require the pledge, and let the debtor bring it of himself, without the least opposition to him that comes upon him under the protection of the law. 4.269. And if he that gave the pledge be rich, let the creditor retain it till what he lent be paid him again; but if he be poor, let him that takes it return it before the going down of the sun, especially if the pledge be a garment, that the debtor may have it for a covering in his sleep, God himself naturally showing mercy to the poor. 4.271. 27. Let death be the punishment for stealing a man; but he that hath purloined gold or silver, let him pay double. If any one kill a man that is stealing something out of his house, let him be esteemed guiltless, although the man were only breaking in at the wall. 4.272. Let him that hath stolen cattle pay fourfold what is lost, excepting the case of an ox, for which let the thief pay fivefold. Let him that is so poor that he cannot pay what mulct is laid upon him, be his servant to whom he was adjudged to pay it. 4.273. 28. If any one be sold to one of his own nation, let him serve him six years, and on the seventh let him go free. But if he have a son by a womanservant in his purchaser’s house, and if, on account of his good-will to his master, and his natural affection to his wife and children, he will be his servant still, let him be set free only at the coming of the year of jubilee, which is the fiftieth year, and let him then take away with him his children and wife, and let them be free also. 4.274. 29. If any one find gold or silver on the road, let him inquire after him that lost it, and make proclamation of the place where he found it, and then restore it to him again, as not thinking it right to make his own profit by the loss of another. And the same rule is to be observed in cattle found to have wandered away into a lonely place. If the owner be not presently discovered, let him that is the finder keep it with himself, and appeal to God that he has not purloined what belongs to another. 4.275. 30. It is not lawful to pass by any beast that is in distress, when in a storm it is fallen down in the mire, but to endeavor to preserve it, as having a sympathy with it in its pain. 4.276. 31. It is also a duty to show the roads to those who do not know them, and not to esteem it a matter for sport, when we hinder others’ advantages, by setting them in a wrong way. /p32. In like manner, let no one revile a person blind or dumb. 4.277. 33. If men strive together, and there be no instrument of iron, let him that is smitten be avenged immediately, by inflicting the same punishment on him that smote him: but if when he is carried home he lie sick many days, and then die, let him that smote him escape punishment; but if he that is smitten escape death, and yet be at great expense for his cure, the smiter shall pay for all that has been expended during the time of his sickness, and for all that he has paid the physician. 4.278. He that kicks a woman with child, so that the woman miscarry, let him pay a fine in money, as the judges shall determine, as having diminished the multitude by the destruction of what was in her womb; and let money also be given the woman’s husband by him that kicked her; but if she die of the stroke, let him also be put to death, the law judging it equitable that life should go for life. 4.279. 34. Let no one of the Israelites keep any poison that may cause death, or any other harm; but if he be caught with it, let him be put to death, and suffer the very same mischief that he would have brought upon them for whom the poison was prepared. 4.281. 36. Let him that is the owner of an ox which pusheth with his horn, kill him: but if he pushes and gores any one in the thrashing-floor, let him be put to death by stoning, and let him not be thought fit for food: but if his owner be convicted as having known what his nature was, and hath not kept him up, let him also be put to death, as being the occasion of the ox’s having killed a man. 4.282. But if the ox have killed a man-servant, or a maid-servant, let him be stoned; and let the owner of the ox pay thirty shekels to the master of him that was slain; but if it be an ox that is thus smitten and killed, let both the oxen, that which smote the other and that which was killed, be sold, and let the owners of them divide their price between them. 4.283. 37. Let those that dig a well or a pit be careful to lay planks over them, and so keep them shut up, not in order to hinder any persons from drawing water, but that there may be no danger of falling into them. 4.284. But if any one’s beast fall into such a well or pit thus digged, and not shut up, and perish, let the owner pay its price to the owner of the beast. Let there be a battlement round the tops of your houses instead of a wall, that may prevent any persons from rolling down and perishing. 4.285. 38. Let him that has received any thing in trust for another, take care to keep it as a sacred and divine thing; and let no one invent any contrivance whereby to deprive him that hath intrusted it with him of the same, and this whether he be a man or a woman; no, not although he or she were to gain an immense sum of gold, and this where he cannot be convicted of it by any body; 4.286. for it is fit that a man’s own conscience, which knows what he hath, should in all cases oblige him to do well. Let this conscience be his witness, and make him always act so as may procure him commendation from others; but let him chiefly have regard to God, from whom no wicked man can lie concealed: 4.287. but if he in whom the trust was reposed, without any deceit of his own, lose what he was intrusted withal, let him come before the seven judges, and swear by God that nothing hath been lost willingly, or with a wicked intention, and that he hath not made use of any part thereof, and so let him depart without blame; but if he hath made use of the least part of what was committed to him, and it be lost, let him be condemned to repay all that he had received. 4.288. After the same manner as in these trusts it is to be, if any one defraud those that undergo bodily labor for him. And let it be always remembered, that we are not to defraud a poor man of his wages, as being sensible that God has allotted these wages to him instead of land and other possessions; nay, this payment is not at all to be delayed, but to be made that very day, since God is not willing to deprive the laborer of the immediate use of what he hath labored for. 4.289. 39. You are not to punish children for the faults of their parents, but on account of their own virtue rather to vouchsafe them commiseration, because they were born of wicked parents, than hatred, because they were born of bad ones. Nor indeed ought we to impute the sin of children to their fathers, while young persons indulge themselves in many practices different from what they have been instructed in, and this by their proud refusal of such instruction. 4.291. for evident it is, that while their soul is become effeminate, they have withal transfused that effeminacy to their body also. In like manner do you treat all that is of a monstrous nature when it is looked on; nor is it lawful to geld men or any other animals. 4.292. 41. Let this be the constitution of your political laws in time of peace, and God will be so merciful as to preserve this excellent settlement free from disturbance: and may that time never come which may innovate any thing, and change it for the contrary. 4.293. But since it must needs happen that mankind fall into troubles and dangers, either undesignedly or intentionally, come let us make a few constitutions concerning them, that so being apprised beforehand what ought to be done, you may have salutary counsels ready when you want them, and may not then be obliged to go to seek what is to be done, and so be unprovided, and fall into dangerous circumstances. 4.294. May you be a laborious people, and exercise your souls in virtuous actions, and thereby possess and inherit the land without wars; while neither any foreigners make war upon it, and so afflict you, nor any internal sedition seize upon it 4.295. whereby you may do things that are contrary to your fathers, and so lose the laws which they have established. And may you continue in the observation of those laws which God hath approved of, and hath delivered to you. Let all sort of warlike operations, whether they befall you now in your own time, or hereafter in the times of your posterity, be done out of your own borders: 4.296. but when you are about to go to war, send embassages and heralds to those who are your voluntary enemies, for it is a right thing to make use of words to them before you come to your weapons of war; and assure them thereby, that although you have a numerous army, with horses and weapons, and, above these, a God merciful to you, and ready to assist you, you do however desire them not to compel you to fight against them, nor to take from them what they have, which will indeed be our gain, but what they will have no reason to wish we should take to ourselves. 4.297. And if they hearken to you, it will be proper for you to keep peace with them; but if they trust in their own strength, as superior to yours, and will not do you justice, lead your army against them, making use of God as your supreme Commander, but ordaining for a lieutet under him one that is of the greatest courage among you; for these different commanders, besides their being an obstacle to actions that are to be done on the sudden, are a disadvantage to those that make use of them. 4.298. Lead an army pure, and of chosen men, composed of all such as have extraordinary strength of body and hardiness of soul; but do you send away the timorous part, lest they run away in the time of action, and so afford an advantage to your enemies. Do you also give leave to those that have lately built them houses, and have not yet lived in them a year’s time; and to those that have planted them vineyards, and have not yet been partakers of their fruits,—to continue in their own country; as well as those also who have betrothed, or lately married them wives, lest they have such an affection for these things that they be too sparing of their lives, and, by reserving themselves for these enjoyments, they become voluntary cowards, on account of their wives. 4.299. 42. When you have pitched your camp, take care that you do nothing that is cruel. And when you are engaged in a siege; and want timber for the making of warlike engines, do not you render the land naked by cutting down trees that bear fruit, but spare them, as considering that they were made for the benefit of men; and that if they could speak, they would have a just plea against you, because, though they are not occasions of the war, they are unjustly treated, and suffer in it, and would, if they were able, remove themselves into another land. 4.301. 43, Take care, especially in your battles, that no woman use the habit of a man, nor man the garment of a woman. 4.302. 44. This was the form of political government which was left us by Moses. Moreover, he had already delivered laws in writing in the fortieth year [after they came out of Egypt], concerning which we will discourse in another book. But now on the following days (for he called them to assemble continually) he delivered blessings to them, and curses upon those that should not live according to the laws, but should transgress the duties that were determined for them to observe. 4.309. 45. On the next day, Moses called the people together, with the women and children, to a congregation, so as the very slaves were present also, that they might engage themselves to the observation of these laws by oath; and that, duly considering the meaning of God in them, they might not, either for favor of their kindred, or out of fear of any one, or indeed for any motive whatsoever, think any thing ought to be preferred to these laws, and so might transgress them. 4.312. And when Moses had recapitulated whatsoever he had done for the preservation of the people, both in their wars and in peace, and had composed them a body of laws, and procured them an excellent form of government, he foretold, as God had declared to him that if they transgressed that institution for the worship of God, they should experience the following miseries:— 5.186. till Eglon, king of the Moabites, did so greatly despise them on account of the disorders of their political government, that he made war upon them, and overcame them in several battles, and made the most courageous to submit, and entirely subdued their army, and ordered them to pay him tribute. 10.278. who cast Providence out of human life, and do not believe that God takes care of the affairs of the world, nor that the universe is governed and continued in being by that blessed and immortal nature, but say that the world is carried along of its own accord, without a ruler and a curator; 14.2. for we are upon the history and explication of such things as the greatest part are unacquainted withal, because of their distance from our times; and we aim to do it with a proper beauty of style, so far as that is derived from proper words harmonically disposed, and from such ornaments of speech also as may contribute to the pleasure of our readers 14.2. 5. “Caius Caesar, consul the fifth time, hath decreed, That the Jews shall possess Jerusalem, and may encompass that city with walls; and that Hyrcanus, the son of Alexander, the high priest and ethnarch of the Jews, retain it in the manner he himself pleases; 14.2. upon which the king of Arabia took all his army, and made an assault upon the temple, and besieged Aristobulus therein, the people still supporting Hyreanus, and assisting him in the siege, while none but the priests continued with Aristobulus. 16.43. nor do we conceal those injunctions of ours by which we govern our lives, they being memorials of piety, and of a friendly conversation among men. And the seventh day we set apart from labor; it is dedicated to the learning of our customs and laws, we thinking it proper to reflect on them, as well as on any [good] thing else, in order to our avoiding of sin. 16.44. If any one therefore examine into our observances, he will find they are good in themselves, and that they are ancient also, though some think otherwise, insomuch that those who have received them cannot easily be brought to depart from them, out of that honor they pay to the length of time they have religiously enjoyed them and observed them. 19.173. For since Julius Caesar took it into his head to dissolve our democracy, and, by overbearing the regular system of our laws, to bring disorders into our administration, and to get above right and justice, and to be a slave to his own inclinations, there is no kind of misery but what hath tended to the subversion of this city; 20.229. for at the first they held the high priesthood till the end of their life, although afterward they had successors while they were alive. Now these thirteen, who were the descendants of two of the sons of Aaron, received this dignity by succession, one after another; for their form of government was an aristocracy, and after that a monarchy, and in the third place the government was regal. 20.234. at which time Jesus, the son of Josadek, took the high priesthood over the captives when they were returned home. Now he and his posterity, who were in all fifteen, until king Antiochus Eupator, were under a democratical government for four hundred and fourteen years; 20.251. Some of these were the political governors of the people under the reign of Herod, and under the reign of Archelaus his son, although, after their death, the government became an aristocracy, and the high priests were intrusted with a dominion over the nation. And thus much may suffice to be said concerning our high priests. 20.261. I have attempted to enumerate those high priests that we have had during the interval of two thousand years; I have also carried down the succession of our kings, and related their actions, and political administration, without [considerable] errors, as also the power of our monarchs; and all according to what is written in our sacred books; for this it was that I promised to do in the beginning of this history. |
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4. Josephus Flavius, Against Apion, 2.151-2.295 (1st cent. CE - 1st cent. CE)
| 2.151. 16. To begin then a good way backward, I would advance this, in the first place, that those who have been admirers of good order, and of living under common laws, and who began to introduce them, may well have this testimony that they are better than other men, both for moderation, and such virtue as is agreeable to nature. 2.152. Indeed, their endeavor was to have every thing they ordained believed to be very ancient, that they might not be thought to imitate others, but might appear to have delivered a regular way of living to others after them. 2.153. Since then this is the case, the excellency of a legislator is seen in providing for the people’s living after the best manner, and in prevailing with those that are to use the laws he ordains for them, to have a good opinion of them, and in obliging the multitude to persevere in them, and to make no changes in them, neither in prosperity nor adversity. 2.154. Now I venture to say, that our legislator is the most ancient of all the legislators whom we have any where heard of; for as for the Lycurguses, and Solons, and Zaleucus Locrensis, and all those legislators who are so admired by the Greeks, they seem to be of yesterday, if compared with our legislator, insomuch as the very name of a law was not so much as known in old times among the Grecians. 2.155. Homer is a witness to the truth of this observation, who never uses that term in all his poems; for indeed there was then no such thing among them, but the multitude was governed by wise maxims, and by the injunctions of their king. It was also a long time that they continued in the use of these unwritten customs, although they were always changing them upon several occasions; 2.156. but for our legislator, who was of so much greater antiquity than the rest (as even those that speak against us upon all occasions do always confess), he exhibited himself to the people as their best governor and counsellor, and included in his legislation the entire conduct of their lives, and prevailed with them to receive it, and brought it so to pass, that those that were made acquainted with his laws did most carefully observe them. /p 2.157. 17. But let us consider his first and greatest work: for when it was resolved on by our forefathers to leave Egypt and return to their own country, this Moses took the many ten thousands that were of the people, and saved them out of many desperate distresses, and brought them home in safety. And certainly it was here necessary to travel over a country without water, and full of sand, to overcome their enemies, and, during these battles, to preserve their children and their wives, and their prey; 2.158. on all which occasions he became an excellent general of an army, and a most prudent counsellor, and one that took the truest care of them all: he also so brought it about, that the whole multitude depended upon him; and while he had them always obedient to what he enjoined, he made no manner of use of his authority for his own private advantage, which is the usual time when governors gain great powers to themselves, and pave the way for tyranny, and accustom the multitude to live very dissolutely; 2.159. whereas, when our legislator was in so great authority, he on the contrary, thought he ought to have regard to piety, and to show his great good will to the people; and by this means he thought he might show the great degree of virtue that was in him, and might procure the most lasting security to those who had made him their governor. 2.161. and this is the character of our legislator; he was no impostor, no deceiver, as his revilers say, though unjustly, but such a one as they brag Minos to have been among the Greeks, and other legislators after him; 2.162. for some of them suppose that they had their laws from Jupiter, while Minos said that the revelation of his laws was to be referred to Apollo, and his oracle at Delphi, whether they really thought they were so derived, or supposed, however, that they could persuade the people easily that so it was; 2.163. but which of these it was who made the best laws, and which had the greatest reason to believe that God was their author, it will be easy, upon comparing those laws themselves together, to determine; for it is time that we come to that point. 2.164. Now there are innumerable differences in the particular customs and laws that are among all mankind, which a man may briefly reduce under the following heads:—Some legislators have permitted their governments to be under monarchies, others put them under oligarchies, and others under a republican form; 2.165. but our legislator had no regard to any of these forms, but he ordained our government to be what, by a strained expression, may be termed a Theocracy, by ascribing the authority and the power to God 2.166. and by persuading all the people to have a regard to him, as the author of all the good things that were enjoyed either in common by all mankind, or by each one in particular, and of all that they themselves obtained by praying to him in their greatest difficulties. He informed them that it was impossible to escape God’s observation, even in any of our outward actions, or in any of our inward thoughts. 2.167. Moreover, he represented God as unbegotten, and immutable, through all eternity, superior to all mortal conceptions in pulchritude; and, though known to us by his power, yet unknown to us as to his essence. 2.168. I do not now explain how these notions of God are the sentiments of the wisest among the Grecians, and how they were taught them upon the principles that he afforded them. However, they testify, with great assurance, that these notions are just, and agreeable to the nature of God, and to his majesty; for Pythagoras, and Anaxagoras, and Plato, and the Stoic philosophers that succeeded them, and almost all the rest, are of the same sentiments, and had the same notions of the nature of God; 2.169. yet durst not these men disclose those true notions to more than a few, because the body of the people were prejudiced with other opinions beforehand. But our legislator, who made his actions agree to his laws, did not only prevail with those that were his contemporaries to agree with these his notions, but so firmly imprinted this faith in God upon all their posterity, that it never could be removed. 2.171. for all our actions and studies, and all our words [in Moses’s settlement] have a reference to piety towards God; for he hath left none of these in suspense, or undetermined; for there are two ways of coming at any sort of learning and a moral conduct of life; the one is by instruction in words, the other by practical exercises. 2.172. Now, other lawgivers have separated these two ways in their opinions, and choosing one of those ways of instruction, or that which best pleased every one of them, neglected the other. Thus did the Lacedemonians and the Cretans teach by practical exercises, but not by words: while the Athenians, and almost all the other Grecians, made laws about what was to be done, or left undone, but had no regard to the exercising them thereto in practice. /p 2.173. 18. But for our legislator, he very carefully joined these two methods of instruction together; for he neither left these practical exercises to go on without verbal instruction, nor did he permit the hearing of the law to proceed without the exercises for practice; but beginning immediately from the earliest infancy, and the appointment of every one’s diet, he left nothing of the very smallest consequence to be done at the pleasure and disposal of the person himself. 2.174. Accordingly, he made a fixed rule of law what sorts of food they should abstain from, and what sorts they should make use of; as also, what communion they should have with others, what great diligence they should use in their occupations, and what times of rest should be interposed, that, by living under that law as under a father and a master, we might be guilty of no sin, neither voluntary nor out of ignorance; 2.175. for he did not suffer the guilt of ignorance to go on without punishment, but demonstrated the law to be the best and the most necessary instruction of all others, permitting the people to leave off their other employments, and to assemble together for the hearing of the law, and learning it exactly, and this not once or twice, or oftener, but every week; which thing all the other legislators seem to have neglected. /p 2.176. 19. And indeed, the greatest part of mankind are so far from living according to their own laws, that they hardly know them; but when they have sinned they learn from others that they have transgressed the law. 2.177. Those also who are in the highest and principal posts of the government, confess they are not acquainted with those laws, and are obliged to take such persons for their assessors in public administrations as profess to have skill in those laws; 2.178. but for our people, if any body do but ask any one of them about our laws, he will more readily tell them all than he will tell his own name, and this in consequence of our having learned them immediately as soon as ever we became sensible of any thing, and of our having them, as it were engraven on our souls. Our transgressors of them are but few; and it is impossible, when any do offend, to escape punishment. /p 2.179. 20. And this very thing it is that principally creates such a wonderful agreement of minds amongst us all; for this entire agreement of ours in all our notions concerning God, and our having no difference in our course of life and manners, procures among us the most excellent concord of these our manners that is any where among mankind; 2.181. Nor can any one perceive amongst us any difference in the conduct of our lives; but all our works are common to us all. We have one sort of discourse concerning God, which is conformable to our law, and affirms that he sees all things; as also, we have but one way of speaking concerning the conduct of our lives, that all other things ought to have piety for their end; and this any body may hear from our women, and servants themselves. 2.182. 21. And indeed, hence hath arisen that accusation which some make against us, that we have not produced men that have been the inventors of new operations, or of new ways of speaking; for others think it a fine thing to persevere in nothing that has been delivered down from their forefathers, and these testify it to be an instance of the sharpest wisdom when these men venture to transgress those traditions; 2.183. whereas we, on the contrary, suppose it to be our only wisdom and virtue to admit no actions nor supposals that are contrary to our original laws; which procedure of ours is a just and sure sign that our law is admirably constituted; for such laws as are not thus well made, are convicted upon trial to want amendment. /p 2.184. 22. But while we are ourselves persuaded that our law was made agreeably to the will of God, it would be impious for us not to observe the same, for what is there in it that any body would change! and what can be invented that is better! or what can we take out of other people’s laws that will exceed it? Perhaps some would have the entire settlement of our government altered. 2.185. And where shall we find a better or more righteous constitution than ours, while this makes us esteem God to be the governor of the universe, and permits the priests in general to be the administrators of the principal affairs, and withal intrusts the government over the other priests to the chief high priest himself! 2.186. which priests our legislator, at their first appointment, did not advance to that dignity for their riches, or any abundance of other possessions, or any plenty they had as the gifts of fortune; but he intrusted the principal management of divine worship to those that exceeded others in an ability to persuade men, and in prudence of conduct. 2.187. These men had the main care of the law and of the other parts of the people’s conduct committed to them; for they were the priests who were ordained to be the inspectors of all, and the judges in doubtful cases, and the punishers of those that were condemned to suffer punishment. /p 2.188. 23. What form of government then can be more holy than this! what more worthy kind of worship can be paid to God than we pay, where the entire body of the people are prepared for religion, where an extraordinary degree of care is required in the priests, and where the whole polity is so ordered as if it were a certain religious solemnity! 2.189. For what things foreigners, when they solemnize such festivals, are not able to observe for a few days’ time, and call them Mysteries and Sacred Ceremonies, we observe with great pleasure and an unshaken resolution during our whole lives. 2.191. All materials, let them be ever so costly, are unworthy to compose an image for him; and all arts are unartful to express the notion we ought to have of him. We can neither see nor think of any thing like him, nor is it agreeable to piety to form a resemblance of him. 2.192. We see his works, the light, the heaven, the earth, the sun and the moon, the waters, the generations of animals, the productions of fruits. These things hath God made, not with hands, nor with labor, nor as wanting the assistance of any to cooperate with him; but as his will resolved they should be made and be good also, they were made, and became good immediately. All men ought to follow this Being, and to worship him in the exercise of virtue; for this way of worship of God is the most holy of all others. /p 2.193. 24. There ought also to be but one temple for one God; for likeness is the constant foundation of agreement. This temple ought to be common to all men, because he is the common God of all men. His priests are to be continually about his worship, over whom he that is the first by his birth is to be their ruler perpetually. 2.194. His business must be to offer sacrifices to God, together with those priests that are joined with him, to see that the laws be observed, to determine controversies, and to punish those that are convicted of injustice; while he that does not submit to him shall be subject to the same punishment, as if he had been guilty of impiety towards God himself. 2.195. When we offer sacrifices to him we do it not in order to surfeit ourselves, or to be drunken; for such excesses are against the will of God, and would be an occasion of injuries and of luxury: but by keeping ourselves sober, orderly, and ready for our other occupations, and being more temperate than others. 2.196. And for our duty at the sacrifices themselves, we ought in the first place to pray for the common welfare of all, and after that our own; for we are made for fellowship one with another; and he who prefers the common good before what is peculiar to himself, is above all acceptable to God. 2.197. And let our prayers and supplications be made humbly to God, not [so much] that he would give us what is good (for he hath already given that of his own accord, and hath proposed the same publicly to all), as that we may duly receive it, and when we have received it, may preserve it. 2.198. Now the law has appointed several purifications at our sacrifices, whereby we are cleansed after a funeral after what sometimes happens to us in bed, and after accompanying with our wives, and upon many other occasions, which it would be too long now to set down. And this is our doctrine concerning God and his worship, and is the same that the law appoints for our practice. /p 2.199. 25. But then, what are our laws about marriage? That law owns no other mixture of sexes but that which nature hath appointed, of a man with his wife, and that this be used only for the procreation of children. But it abhors the mixture of a male with a male; and if any one do that, death is his punishment. 2.201. for (says the scripture) “A woman is inferior to her husband in all things.” Let her, therefore, be obedient to him; not so, that he should abuse her, but that she may acknowledge her duty to her husband; for God hath given the authority to the husband. A husband, therefore, is to lie only with his wife whom he hath married; but to have to do with another man’s wife is a wicked thing; which, if any one ventures upon, death is inevitably his punishment: no more can he avoid the same who forces a virgin betrothed to another man, or entices another man’s wife. 2.202. The law, moreover enjoins us to bring up all our offspring, and forbids women to cause abortion of what is begotten, or to destroy it afterward; and if any woman appears to have so done, she will be a murderer of her child, by destroying a living creature, and diminishing human kind: if any one, therefore, proceeds to such fornication or murder, he cannot be clean. 2.203. Moreover, the law enjoins, that after the man and wife have lain together in a regular way, they shall bathe themselves; for there is a defilement contracted thereby, both in soul and body, as if they had gone into another country; for indeed the soul, by being united to the body, is subject to miseries, and is not freed therefrom again but by death; on which account the law requires this purification to be entirely performed. 26. 2.204. Nay, indeed, the law does not permit us to make festivals at the births of our children, and thereby afford occasion of drinking to excess; but it ordains that the very beginning of our education should be immediately directed to sobriety. It also commands us to bring those children up in learning and to exercise them in the laws, and make them acquainted with the acts of their predecessors, in order to their imitation of them, and that they might be nourished up in the laws from their infancy, and might neither transgress them, nor have any pretense for their ignorance of them. /p 2.205. 27. Our law hath also taken care of the decent burial of the dead, but without any extravagant expenses for their funerals, and without the erection of any illustrious monuments for them; but hath ordered that their nearest relations should perform their obsequies; and hath shown it to be regular, that all who pass by when any one is buried, should accompany the funeral, and join in the lamentation. It also ordains, that the house and its inhabitants should be purified after the funeral is over, that every one may thence learn to keep at a great distance from the thoughts of being pure, if he hath been once guilty of murder. /p 2.206. 28. The law ordains also, that parents should be honored immediately after God himself, and delivers that son who does not requite them for the benefits he hath received from them, but is deficient on any such occasion, to be stoned. It also says, that the young men should pay due respect to every elder, since God is the eldest of all beings. 2.207. It does not give leave to conceal any thing from our friends, because that is not true friendship which will not commit all things to their fidelity: it also forbids the revelation of secrets even though an enmity arise between them. If any judge takes bribes, his punishment is death: he that overlooks one that offers him a petition, and this when he is able to relieve him, he is a guilty person. 2.208. What is not by any one intrusted to another, ought not to be required back again. No one is to touch another’s goods. He that lends money must not demand usury for its loan. These, and many more of the like sort, are the rules that unite us in the bands of society one with another. /p 2.209. 29. It will be also worth our while to see what equity our legislator would have us exercise in our intercourse with strangers; for it will thence appear that he made the best provision he possibly could, both that we should not dissolve our own constitution, nor show any envious mind towards those that would cultivate a friendship with us. 2.211. 30. However, there are other things which our legislator ordained for us beforehand, which of necessity we ought to do in common to all men; as to afford fire, and water, and food to such as want it; to show them the roads; nor to let any one lie unburied. He also would have us treat those that are esteemed our enemies with moderation: 2.212. for he doth not allow us to set their country on fire, nor permit us to cut down those trees that bear fruit: nay, farther, he forbids us to spoil those that have been slain in war. He hath also provided for such as are taken captive, that they may not be injured, and especially that the women may not be abused. 2.213. Indeed he hath taught us gentleness and humanity so effectually, that he hath not despised the care of brute beasts, by permitting no other than a regular use of them, and forbidding any other; and if any of them come to our houses, like supplicants, we are forbidden to slay them: nor may we kill the dams, together with their young ones; but we are obliged, even in an enemy’s country, to spare and not kill those creatures that labor for mankind. 2.214. Thus hath our lawgiver contrived to teach us an equitable conduct every way, by using us to such laws as instruct us therein; while at the same time he hath ordained, that such as break these laws should be punished, without the allowance of any excuse whatsoever. /p 2.215. 31. Now the greatest part of offenses with us are capital, as if any one be guilty of adultery; if any one force a virgin; if any one be so impudent as to attempt sodomy with a male; or if, upon another’s making an attempt upon him, he submits to be so used. There is also a law for slaves of the like nature that can never be avoided. 2.216. Moreover, if any one cheats another in measures or weights, or makes a knavish bargain and sale, in order to cheat another; if any one steals what belongs to another, and takes what he never deposited; all these have punishments allotted them, not such as are met with among other nations, but more severe ones. 2.217. And as for attempts of unjust behavior towards parents, or for impiety against God, though they be not actually accomplished, the offenders are destroyed immediately. However, the reward for such as live exactly according to the laws, is not silver or gold; it is not a garland of olive branches or of small age, nor any such public sign of commendation; 2.218. but every good man hath his own conscience bearing witness to himself, and by virtue of our legislator’s prophetic spirit, and of the firm security God himself affords such a one, he believes that God hath made this grant to those that observe these laws, even though they be obliged readily to die for them, that they shall come into being again, and at a certain revolution of things shall receive a better life than they had enjoyed before. 2.219. Nor would I venture to write thus at this time, were it not well known to all by our actions that many of our people have many a time bravely resolved to endure any sufferings, rather than speak one word against our law. /p 2.221. but that somebody had pretended to have written these laws himself, and had read them to the Greeks, or had pretended that he had met with men out of the limits of the known world, that had such reverent notions of God, and had continued a long time in the firm observance of such laws as ours, I cannot but suppose that all men would admire them on a reflection upon the frequent changes they had therein been themselves subject to; 2.222. and this while those that have attempted to write somewhat of the same kind for politic government, and for laws, are accused as composing monstrous things, and are said to have undertaken an impossible task upon them. And here I will say nothing of those other philosophers who have undertaken any thing of this nature in their writings. 2.223. But even Plato himself, who is so admired by the Greeks on account of that gravity in his manners, and force in his words, and that ability he had to persuade men beyond all other philosophers, is little better than laughed at and exposed to ridicule on that account, by those that pretend to sagacity in political affairs; 2.224. although he that shall diligently peruse his writings, will find his precepts to be somewhat gentle, and pretty near to the customs of the generality of mankind. Nay, Plato himself confesseth that it is not safe to publish the true notion concerning God among the ignorant multitude. 2.225. Yet do some men look upon Plato’s discourses as no better than certain idle words set off with great artifice. However, they admire Lycurgus as the principal lawgiver; and all men celebrate Sparta for having continued in the firm observance of his laws for a very long time. 2.226. So far then we have gained, that it is to be confessed a mark of virtue to submit to laws. But then let such as admire this in the Lacedemonians compare that duration of theirs with more than two thousand years which our political government hath continued; 2.227. and let them farther consider, that though the Lacedemonians did seem to observe their laws exactly while they enjoyed their liberty, yet that when they underwent a change of their fortune, they forgot almost all those laws; 2.228. while we, having been under ten thousand changes in our fortune by the changes that happened among the kings of Asia, have never betrayed our laws under the most pressing distresses we have been in; nor have we neglected them either out of sloth or for a livelihood. Nay, if any one will consider it, the difficulties and labors laid upon us have been greater than what appears to have been borne by the Lacedemonian fortitude 2.229. while they neither ploughed their land nor exercised any trades, but lived in their own city, free from all such painstaking, in the enjoyment of plenty, and using such exercises as might improve their bodies 2.231. I need not add this, that they have not been fully able to observe their laws; for not only a few single persons, but multitudes of them, have in heaps neglected those laws, and have delivered themselves, together with their arms, into the hands of their enemies. /p 2.232. 33. Now as for ourselves, I venture to say, that no one can tell of so many; nay, not of more than one or two that have betrayed our laws, no, not out of fear of death itself; I do not mean such an easy death as happens in battles, but that which comes with bodily torments, and seems to be the severest kind of death of all others. 2.233. Now I think, those that have conquered us have put us to such deaths, not out of their hatred to us when they had subdued us, but rather out of their desire of seeing a surprising sight, which is this, whether there be such men in the world who believe that no evil is to them so great as to be compelled to do or to speak any thing contrary to their own laws. 2.234. Nor ought men to wonder at us, if we are more courageous in dying for our laws than all other men are; for other men do not easily submit to the easier things in which we are instituted; I mean, working with our hands, and eating but little, and being contented to eat and drink, not at random, or at every one’s pleasure, or being under inviolable rules in lying with our wives, in magnificent furniture, and again in the observation of our times of rest; 2.235. while those that can use their swords in war, and can put their enemies to flight when they attack them, cannot bear to submit to such laws about their way of living: whereas our being accustomed willingly to submit to laws in these instances, renders us fit to show our fortitude upon other occasions also. /p 2.236. 34. Yet do the Lysimachi and the Molones, and some other writers (unskilful sophists as they are, and the deceivers of young men) reproach us as the vilest of all mankind. 2.237. Now I have no mind to make an inquiry into the laws of other nations; for the custom of our country is to keep our own laws, but not to bring accusations against the laws of others. And indeed, our legislator hath expressly forbidden us to laugh at and revile those that are esteemed gods by other people, on account of the very name of God ascribed to them. 2.238. But since our antagonists think to run us down upon the comparison of their religion and ours, it is not possible to keep silence here, especially while what I shall say to confute these men will not be now first said, but hath been already said by many, and these of the highest reputation also; 2.239. for who is there among those that have been admired among the Greeks for wisdom, who hath not greatly blamed both the most famous poets and most celebrated legislators, for spreading such notions originally among the body of the people concerning the gods? 2.241. and for those to whom they have allotted heaven, they have set over them one, who in title is their father, but in his actions a tyrant and a lord; whence it came to pass that his wife, and brother, and daughter (which daughter he brought forth from his own head), made a conspiracy against him to seize upon him and confine him, as he had himself seized upon and confined his own father before. /p 2.242. 35. And justly have the wisest men thought these notions deserved severe rebukes; they also laugh at them for determining that we ought to believe some of the gods to be beardless and young, and others of them to be old, and to have beards accordingly; that some are set to trades; that one god is a smith, and another goddess is a weaver; that one god is a warrior, and fights with men; 2.243. that some of them are harpers, or delight in archery; and besides, that mutual seditions arise among them, and that they quarrel about men, and this so far that they not only lay hands upon one another, but that they are wounded by men, and lament, and take on for such their afflictions; 2.244. but what is the grossest of all in point of lasciviousness, are those unbounded lusts ascribed to almost all of them, and their amours; which how can it be other than a most absurd supposal, especially when it reaches to the male gods, and to the female goddesses also? 2.245. Moreover, the chief of all their gods, and their first father himself, overlooks those goddesses whom he hath deluded and begotten with child, and suffers them to be kept in prison, or drowned in the sea. He is also so bound up by fate, that he cannot save his own offspring, nor can he bear their deaths without shedding of tears.— 2.246. These are fine things indeed! as are the rest that follow. Adulteries truly are so impudently looked on in heaven by the gods, that some of them have confessed they envied those that were found in the very act; and why should they not do so, when the eldest of them, who is their king also, hath not been able to restrain himself in the violence of his lust, from lying with his wife, so long as they might get into their bed-chamber? 2.247. Now, some of the gods are servants to men, and will sometimes be builders for a reward, and sometimes will be shepherds; while others of them, like malefactors, are bound in a prison of brass; and what sober person is there who would not be provoked at such stories, and rebuke those that forged them, and condemn the great silliness of those that admit them for true! 2.248. Nay, others there are that have advanced a certain timorousness and fear, as also madness and fraud, and any other of the vilest passions, into the nature and form of gods, and have persuaded whole cities to offer sacrifices to the better sort of them; 2.249. on which account they have been absolutely forced to esteem some gods as the givers of good things, and to call others of them averters of evil. They also endeavor to move them, as they would the vilest of men, by gifts and presents, as looking for nothing else than to receive some great mischief from them, unless they pay them such wages. /p 2.251. but omitted it as a thing of very little consequence, and gave leave both to the poets to introduce what gods they pleased, and those subject to all sorts of passions, and to the orators to procure political decrees from the people for the admission of such foreign gods as they thought proper. 2.252. The painters also, and statuaries of Greece, had herein great power, as each of them could contrive a shape [proper for a god]; the one to be formed out of clay, and the other by making a bare picture of such a one; but those workmen that were principally admired, had the use of ivory and of gold as the constant materials for their new statues; 2.253. [whereby it comes to pass that some temples are quite deserted, while others are in great esteem, and adorned with all the rites of all kinds of purification]. Besides this, the first gods, who have long flourished in the honors done them, are now grown old [while those that flourished after them are come in their room as a second rank, that I may speak the most honorably of them that I can]: 2.254. nay, certain other gods there are who are newly introduced, and newly worshipped [as we, by way of digression have said already, and yet have left their places of worship desolate]; and for their temples, some of them are already left desolate, and others are built anew, according to the pleasure of men; whereas they ought to have preserved their opinion about God, and that worship which is due to him, always and immutably the same. /p 2.255. 37. But now, this Apollonius Molo was one of these foolish and proud men. However, nothing that I have said was unknown to those that were real philosophers among the Greeks, nor were they unacquainted with those frigid pretenses of allegories [which had been alleged for such things]: on which account they justly despised them, but have still agreed with us as to the true and becoming notions of God; 2.256. whence it was that Plato would not have political settlements admit of any one of the other poets, and dismisses even Homer himself, with a garland on his head, and with ointment poured upon him, and this because he should not destroy the right notions of God with his fables. 2.257. Nay, Plato principally imitated our legislator in this point, that he enjoined his citizens to have the main regard to this precept, “That every one of them should learn their laws accurately.” He also ordained, that they should not admit of foreigners intermixing with their own people at random; and provided that the commonwealth should keep itself pure, and consist of such only as persevered in their own laws. 2.258. Apollonius Molo did no way consider this, when he made it one branch of his accusation against us, that we do not admit of such as have different notions about God, nor will we have fellowship with those that choose to observe a way of living different from ourselves; 2.259. yet is not this method peculiar to us, but common to all other men; not among the ordinary Grecians only, but among such of those Grecians as are of the greatest reputation among them. Moreover, the Lacedemonians continued in their way of expelling foreigners, and would not, indeed, give leave to their own people to travel abroad, as suspecting that those two things would introduce a dissolution of their own laws: 2.261. whereas we, though we do not think fit to imitate other institutions, yet do we willingly admit of those that desire to partake of ours, which I think I may reckon to be a plain indication of our humanity, and at the same time of our magimity also. /p 2.262. 38. But I shall say no more of the Lacedemonians. As for the Athenians, who glory in having made their city to be common to all men, what their behavior was, Apollonius did not know, while they punished those that did but speak one word contrary to their laws about the gods, without any mercy; 2.263. for on what other account was it that Socrates was put to death by them? For certainly, he neither betrayed their city to its enemies, nor was he guilty of any sacrilege with regard to any of their temples; but it was on this account, that he swore certain new oaths, and that he affirmed, either in earnest, or, as some say, only in jest, that a certain demon used to make signs to him [what he should not do]. For these reasons he was condemned to drink poison, and kill himself. 2.264. His accuser also complained that he corrupted the young men, by inducing them to despise the political settlement and laws of their city: and thus was Socrates, the citizen of Athens, punished. 2.265. There was also Anaxagoras, who although he was of Clazomenae, was within a few suffrages of being condemned to die, because he said the sun, which the Athenians thought to be a god, was a ball of fire. 2.266. They also made this public proclamation, that they would give a talent to any one who would kill Diagoras of Melos, because it was reported of him that he laughed at their mysteries. Portagoras also, who was thought to have written somewhat that was not owned for truth by the Athenians about the gods, had been seized upon, and put to death, if he had not fled immediately away. 2.267. Nor need we at all wonder that they thus treated such considerable men, when they did not spare even women also; for they very lately slew a certain priestess, because she was accused by somebody that she initiated people into the worship of strange gods, it having been forbidden so to do by one of their laws; and a capital punishment had been decreed to such as introduced a strange god; 2.268. it being manifest, that they who make use of such a law do not believe those of other nations to be really gods, otherwise they had not envied themselves the advantage of more gods than they already had; 2.269. and this was the happy administration of the affairs of the Athenians? Now, as to the Scythians, they take a pleasure in killing men, and differ little from brute beasts; yet do they think it reasonable to have their institutions observed. They also slew Anacharsis a person greatly admired for his wisdom among the Greeks, when he returned to them, because he appeared to come fraught with Grecian customs; One may also find many to have been punished among the Persians, on the very same account. 2.271. Now, with us, it is a capital crime, if any one does thus abuse even a brute beast; and as for us, neither hath the fear of our governors, nor a desire of following what other nations have in so great esteem, been able to withdraw us from our own laws; 2.272. nor have we exerted our courage in raising up wars to increase our wealth, but only for the observation of our laws; and when we with patience bear other losses, yet when any persons would compel us to break our laws, then it is that we choose to go to war, though it be beyond our ability to pursue it, and bear the greatest calamities to the last with much fortitude. 2.273. And, indeed, what reason can there be why we should desire to imitate the laws of other nations, while we see they are not observed by their own legislators? And why do not the Lacedemonians think of abolishing that form of their government which suffers them not to associate with any others, as well as their contempt of matrimony? And why do not the Eleans and Thebans abolish that unnatural and impudent lust, which makes them lie with males? 2.274. For they will not show a sufficient sign of their repentance of what they of old thought to be very excellent, and very advantageous in their practices, unless they entirely avoid all such actions for the time to come: 2.275. nay, such things are inserted into the body of their laws, and had once such a power among the Greeks, that they ascribed these sodomitical practices to the gods themselves, as a part of their good character; and indeed it was according to the same manner that the gods married their own sisters. This the Greeks contrived as an apology for their own absurd and unnatural pleasures. /p 2.276. 39. I omit to speak concerning punishments, and how many ways of escaping them the greatest part of the legislators have afforded malefactors, by ordaining that, for adulteries, fines in money should be allowed, and for corrupting [virgins] they need only marry them; as also what excuses they may have in denying the facts, if any one attempts to inquire into them; for amongst most other nations it is a studied art how men may transgress their laws; 2.277. but no such thing is permitted amongst us; for though we be deprived of our wealth, of our cities, or of the other advantages we have, our law continues immortal; nor can any Jew go so far from his own country, nor be so affrighted at the severest lord, as not to be more affrighted at the law than at him. 2.278. If, therefore, this be the disposition we are under, with regard to the excellency of our laws, let our enemies make us this concession, that our laws are most excellent; and if still they imagine that though we so firmly adhere to them, yet are they bad laws notwithstanding, what penalties then do they deserve to undergo who do not observe their own laws, which they esteem so far superior to them? 2.279. Whereas, therefore, length of time is esteemed to be the truest touchstone in all cases. I would make that a testimonial of the excellency of our laws, and of that belief thereby delivered to us concerning God; for as there hath been a very long time for this comparison, if any one will but compare its duration with the duration of the laws made by other legislators, he will find our legislator to have been the ancientest of them all. /p 2.281. nay, the earliest Grecian philosophers, though in appearance they observed the laws of their own countries, yet did they, in their actions and their philosophic doctrines, follow our legislator, and instructed men to live sparingly, and to have friendly communication one with another. 2.282. Nay, farther, the multitude of mankind itself have had a great inclination of a long time to follow our religious observances; for there is not any city of the Grecians, nor any of the barbarians, nor any nation whatsoever, whither our custom of resting on the seventh day hath not come, and by which our fasts and lighting up lamps, and many of our prohibitions as to our food, are not observed; 2.283. they also endeavor to imitate our mutual concord with one another, and the charitable distribution of our goods, and our diligence in our trades, and our fortitude in undergoing the distresses we are in, on account of our laws; 2.284. and, what is here matter of the greatest admiration, our law hath no bait of pleasure to allure men to it, but it prevails by its own force; and as God himself pervades all the world, so hath our law passed through all the world also. So that if any one will but reflect on his own country, and his own family, he will have reason to give credit to what I say. 2.285. It is therefore but just, either to condemn all mankind of indulging a wicked disposition, when they have been so desirous of imitating laws that are to them foreign and evil in themselves, rather than following laws of their own that are of a better character, or else our accusers must leave off their spite against us; 2.286. nor are we guilty of any envious behavior towards them, when we honor our own legislator, and believe what he, by his prophetic authority, hath taught us concerning God; for though we should not be able ourselves to understand the excellency of our own laws, yet would the great multitude of those that desire to imitate them, justify us, in greatly valuing ourselves upon them. /p 2.287. 41. But, as for the [distinct] political laws by which we are governed, I have delivered them accurately in my books of Antiquities: and have only mentioned them now, so far as was necessary to my present purpose, without proposing to myself either to blame the laws of other nations, or to make an encomium upon our own,—but in order to convict those that have written about us unjustly, and in an impudent affectation of disguising the truth:— 2.288. and now I think I have sufficiently completed what I proposed in writing these books; for whereas our accusers have pretended that our nation are a people of very late original, I have demonstrated that they are exceeding ancient; for I have produced as witnesses thereto many ancient writers, who have made mention of us in their books, while they had said no such writer had so done. 2.289. Moreover, they had said that we were sprung from the Egyptians, while I have proved that we came from another country into Egypt: while they had told lies of us, as if we were expelled thence on account of diseases on our bodies, it has appeared on the contrary, that we returned to our country by our own choice, and with sound and strong bodies. 2.291. 42. As to the laws themselves, more words are unnecessary, for they are visible in their own nature, and appear to teach not impiety, but the truest piety in the world. They do not make men hate one another, but encourage people to communicate what they have to one another freely; they are enemies to injustice, they take care of righteousness, they banish idleness and expensive living, and instruct men to be content with what they have and to be laborious in their callings; 2.292. they forbid men to make war from a desire of getting more, but make men courageous in defending the laws; they are inexorable in punishing malefactors; they admit no sophistry of words, but are always established by actions themselves, which actions we ever propose as surer demonstrations than what is contained in writing only; 2.293. on which account I am so bold as to say that we are become the teachers of other men, in the greatest number of things, and those of the most excellent nature only; for what is more excellent than inviolable piety? what is more just than submission to laws? 2.294. and what is more advantageous than mutual love and concord? and this so far that we are to be neither divided by calamities, nor to become injurious and seditious in prosperity; but to condemn death when we are in war, and in peace to apply ourselves to our mechanical occupations, or to our tillage of the ground; while we in all things and all ways are satisfied that God is the inspector and governor of our actions. 2.295. If these precepts had either been written at first, or more exactly kept by any others before us, we should have owed them thanks as disciples owe to their masters; but if it be visible that we have made use of them more than any other men, and if we have demonstrated that the original invention of them is our own, let the Apions, and the Molones, with all the rest of those that delight in lies and reproaches, stand confuted; |
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