command them to do. 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 cause of their future felicity.* 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. 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 favours. They are also to inscribe the principal blessings they have received from God, upon their doors, and show the same remembrance of them on 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 everywhere conspicuous about them.‡ Let there be seven men to judges 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. Let those that are chosen to judge in the several cities be had in great honour: 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. Let those that judge be permitted to determine according as they think 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; for *Deut. xxxi. 12. Whether these phylacteries, and other Jewish memorials of the law here mentioned by Josephus, and by Moses, (besides the fringes on the border of their garments, Numb. xv. 37,) were literally meant by God, I much question. That they have been long observed by the Pharisees and the Rabbinical Jews, is certain. However, the Karaites, who receive not the unwritten traditions of the elders, but keep close to the written law with Jerome and Grotius, think they were not literally to be understood; as Bernard and Reland here take notice. Nor indeed do I remember, that either in the ancienter books of the Old Testament, or in the books we call Apocrypha, there are any signs of such literal observations appearing among the Jews. Though their real or mystical signification, i. e. the constant otherwise God will 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. But if these judges are unable to give a just sentence, about the causes that come before them; (which case is not unfrequent in human affection,) let them send the cause undetermined to the holy city, and there let the high-priest, the prophet, and the Sanhedrim, determine as shall seem good to them. 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 their ignoble spirit; since it is probable 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 same punishments, which he, against whom he bore witness, was to have suffered. If a murder be committed in any place, and he that did it be not found, nor is there any suspicion upon one, as if he had hated the man, and so had killed him; let there be a very diligent inquiry made after the man, and rewards proposed to any that will discover him. But if no information can be procured, let the magistrates and senate of those cities that lie near the place in which the murder was committed, assemble together, and measure the distance from the place where the dead body lies: then let the magistrate of the nearest city 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: then the priests, and Levites, and 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 remembrance and observation of the laws of God and Moses, be frequently inculcated in all the sacred writings. Numb. xv. 38, 39. Here, as well as Of the War, II. 20, are but seven judges appointed for small cities, instead of twenty-three in the modern Rabbins, which modern Rabbins are always but of very little authority in comparison of Josephus. | Deut. xvi. 18. ¶ I have never observed elsewhere, that in the Jewish gov. ernment women were not admitted as legal witnesses in courts of justice. None of our copies of the Pentateuch say a word of it. It is very probable, however, that this was an exposition of the Scribes and Pharisees, and the practice of the Jews in the days of Josephus. ** Deut. xvii. 6. to any that did it. They shall also beseech God to be merciful to them, that no such horrid fact may any more be done in that land. 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 laws 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; 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 presume 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. Let it not be esteemed lawful to remove boundaries; neither our own, nor of those with whom we are at peace. Be careful that 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. He that plants a piece of land, whose trees 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 it at an unseasonable time, the fruit is not proper for God, nor for the master's use; but let the owner gather all that is grown in 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 tythe 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.§ You are not to sow a piece of land with seed, 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 at the union of things that are not in their own nature alike; 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. Nor is any thing to be allowed by imitation, whereof any degree of subversion may creep into the constitution. Nor do the laws neglect smaller matters: but provide that even those be managed after an unblamable manner. 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 by those that have none of their own. For the advantages 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. Nor are you to muzzle the mouths of the oxen, when they tread the ears of corn, in the threshing-floor:** for it is not just to restrain our fellow labouring animals, and those that work in order to its production, of this fruit of their labours. 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 unto 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. 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 permits them to enjoy the fruits thereof; and when he has openly testified that he hath fully paid the tithes, and other dues, according to the law of Moses, let him entreat God that he will be ever merciful and gracious to him; and continue to be so to all the Hebrews, both by preserving the good things he hath already given them, and by adding what is still in his power to bestow. 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.* 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. 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. For that is not to 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. But for him that acts contrary to this law, let him be beatent with forty stripes save one, by the pub-lations, arising from prostitution, God will not lic 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 plot upon his own dignity. For it is proper for for you who have had the experience of the afflictions of Egypt, and of those in the wilderness, to make provision for those that are in the like circumstance: and while you have now obtained plenty yourselves, through the mercy and providence of God, to distribute of the same plenty to such as stand in need of it. Besides those two tithes, which I have already said you are to pay every year, one to the Levites, the other for the festivals; you are to bring every third year a third tithe, to be distributed to those that want them; to women also that are widows, and to children that are orphans:§ but as to the fruits, let them carry that which is ripe first of all *Deut. xxiii. 24. This penalty of forty stripes save one, was five times inflicted on St. Paul by the Jews. 2 Cor. xt. 34. Josephus's plain and express interpretation of this law of Moses, Deut. xiv. 28, 29, &c. that the Jews were bound every Let the Hebrews marry, at a proper age, 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 such affections. And farther, no one ought to marry a harlot, whose matrimonial ob receive. For by these means the dispositions of third year to pay three tithes, that to the Levites; that for sac- 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 chastity till she were lawfully married; but if she were the daughter of a priest, let her be burnt alive. If any one hath two wives, and if he greatly respect and be kind to one of them; either 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 endeavours 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. For it is unjust that he, who is the elder by birth, should be deprived of what is due to him, on the father's disposition of his estate, because his mother was not equally regarded by him. 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 an 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. However, if a man meet with a woman when she is alone, and force her, where nobody is 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 she should be his wife, let him pay fifty shekels as the price of her prostitution. 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 * These words of Josephus are very like those of the Pharisees to our Saviour upon this very subject: Matthew xix. 3. Is it lawful for a man to put away his wife for every cause? † Deut. xxv. 5. From this ancient custom the Athenians appear to have that remarkable law, that no heiress must marry out of her kindred, but shall resign up herself and fortune to her nearest relations: and by the same law the nearest relation was obliged to marry her. Potter's Gr. Ant. vol. i. p. 159. Among the modern eastern nations we still meet with the law, or custom, of marrying the brother's widow. Thus Olcarius (Ambassador's Travels into Persia, p. 417, Eng. edit.) informs us concerning the Circassians: "When a man dies without issue, his brother is obliged to marry the widow, to raise up seed to him." Volney, (Voyage en Syrie, tom. ii. p. 74,) observes, that "the Druzes retain, to a certain degree, the custom of the Hebrews which directed a man to marry his brother's 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. 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 relations of their former husbands. But if the brother will not marry her, let the woman come before the senate, and protest openly that his 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 bear 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 good reason, the matter must come to this issue; that the woman shall loose the sandals of the brother, and shall spit in his face, and say, "He deserves this reproachful treatment, 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.† But 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 his bed, 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; that by this means she may give vent to her sorrow for them, and after that may betake herself to widow: but this is not peculiar to them, for they have this as well as many other customs of that ancient people, in common with the inhabitants of Syria, and with the Arabians in general." Amongst the Arabians, if a father left one or more widows, the sons often marry them, provided they were not their own mothers. This usage was suppressed by Mahommed; and before this time it was marked with a degree of detestation. Lord Haile's (Annals of Scotland, p. 39,) informs us, that this custom. prevailed in Scotland so late as the eleventh century: and he supposes that it might have originated from avarice, in order to relieve the heir from the payment of a jointure. B. Here it was supposed that this captive's husband, if she were before a married woman, was dead before, or rather was slain in this battle. Otherwise it would have been adultery in him that married her. Let no one lend to any of the Hebrews upon usury, neither usury of what is caten, or what is drank.§ For it is not just to make advantage of the misfortunes of one of thy own countrymen; but when thou hast administered to his necessities, think it thy gain, if thou obtainest his gratitude to thee; and withal that reward, which will come to thee from God, for thy humanity towards him. feasting, and matrimony; for it is good for him | be useless; then the offender renders the law an who takes a woman in order to have children by implacable enemy to the insolence he has offered her, to be complaisant to her inclinations, and not his parents. Let him therefore be brought forth, merely to pursue his own pleasure, while he hath by these very parents, out of the city, with a mulno regard to what is agreeable to her. But when titude following him; and let him be stoned ; and thirty days are past, as the time of mourning, (for when he has continued there for one whole day, so many are sufficient for prudent persons for la- that all the people may see him, let him be buried menting the dearest friends,) then let them pro- in the night. And thus it is that we bury all whom ceed to the marriage. But in case when he hath the laws condemn to die, upon any account whatgratified his desires, he be too proud to retain her soever. Let our enemies that fall in battle be also for his wife, let him not have it in his power to buried; nor let any one dead body lie above make her a slave, but let her go away whither she ground, or suffer a punishment beyond what juspleases, and have that privilege of a free woman." *tice requires. As to those young men that despise their parents, and do not pay them honour, but offer them affronts; either because they are ashamed of them, or think themselves wiser than they. In the first place, let their parents admonish them in words; (for they are by nature of authority sufficient for becoming their judges,) and let them say thus to them: That they cohabited together, not for the sake of pleasure, nor for the augmentation of their Those who have borrowed either silver, or any riches, by joining both their stocks together; but sort of fruits, whether dry or wet; (I mean this, that they might have children, to take care of them when the Jewish affairs shall by the blessing of God in their old age; and might by them have what be to their own mind;) let the borrowers bring them they then should want ;" and say farther to him, again, and restore them with pleasure to those who "When thou wast born, we took thee up with lent them; laying them up, as it were, in their own gladness; and gave God the greatest thanks for treasuries, and justly expecting to receive them thee; and brought thee up with great care, and thence, if they shall want them again. But if they spared for nothing that appeared useful for thy be without shame, and do not restore it, let not the preservation, and for thy instruction in what was lender go to the borrower's house,|| and take a pledge most excellent. And now, since it is reasonable to himself, before judgment be given concerning it; but forgive the sins of those that are young, let it suf- let him require the pledge, and let the debtor bring fice thee to have given so many indications of thy it of himself, without the least opposition to him that contempt of us; reform thyself, and act more comes upon him under the protection of the law. wisely for the time to come. Considering that And if he that gave the pledge be rich, let the credGod is displeased with those that are insolent to- itor retain it, till what he lent be paid him again; wards their parents; because he is himself the but if he be poor, let him that takes it return it Father of the whole race of mankind; and seems before the going down of the sun; especially if the to bear part of that dishonour which falls upon pledge be a garment, that the debtor may have it for those that have the same name, when they do not covering in his sleep; God himself naturally showmeet with due returns from their children. And on ing mercy to the poor. It is also not lawful to take such the law inflicts inexorable punishment; of a millstone, nor any utensil thereto belonging, for a which punishment mayest thou never have the ex- pledge; that the debtors may not be deprived of perience!" Now if the insolence of young men be instruments to get their food withal, and lest they thus cured, let them escape the reproach which should be undone by their necessity. 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. But if it happen that these words, and the instructions conveyed by them, in order to reclaim the man, appear to *Deut. xxi. 14. † See Herod the Great insisting on the execution of this law, with relation to two of his own sons, before the judges at Berytus. a Let death be the punishment for stealing a man; T 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. Let him that hath stolen cattle pay fourfold what is |