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command them to do. That so there may always | otherwise God will be despised, and esteemed infebe within their minds that intention of the laws rior to those, the dread of whose power has occawhich they have despised, and broken, and have sioned the unjust sentence. For justice is the power thereby been the causes of their own mischief
. Let of God: he, therefore, that gratifies those in great the children also learn the laws, as the first thing dignity, supposes them more potent than God himthey are taught; which will be the best thing they self
. But if these judges are unable to give a just can be taught, and will be cause of their future sentence, about the causes that come before them; felicity.*
(which case is not unfrequent in human affection) Let every one commemorate before God, the ben- let them send the cause undetermined to the holy efits which he bestowed upon them at their deliver- city, and there let the high-priest, the prophet, and ance out of the land of Egypt; and this twice every the Sanhedrim, determine as shall seem good to them. day; both when the day begins, and when the hour But let not a singles witness be credited; but of sleep comes. Gratitude being in its own nature three, or two at the least, and those such whose tesa just thing; and serving not only by way of return timony is confirmed by their good lives. But let for past, but also by way of invitation of future not the testimony of** women be admitted, on acfavours. They are also to inscribe the principal count of the levity and boldness of their sex. Nor blessings they have received from God, upon their let servants be admitted to give testimony, on acdoors, and show the same remembrance of them on count of their ignoble spirit; since it is probable their arms;t as also they are to bear on their fore- they may not speak truth, either out of hope of head and their arm those wonders which declare the gain, or fear of punishment. But if any one be power of God, and his good-will towards them; believed to have borne false witness, let him, when that God's readiness to bless them may appear he is convicted, suffer all the same punishments, everywhere conspicuous about them. I
which he, against whom he bore witness, was to Let there be seven men to judges in every city:ll have suffered. and these such as have been before most zealous in If a murder be committed in any place, and he the exercise of virtue and righteousness. Let every that did it be not found, nor is there any suspicion judge have two officers allotted him out of the tribe upon one, as if he had hated the man, and so had of Levi. Let those that are chosen to judge in the killed him ; let there be a very diligent inquiry made several cities be had in great honour: and let none after the man, and rewards proposed to any that be permitted to revile any others, when these are will discover him. But if no information can be present, nor to carry themselves in an insolent man- procured, let the magistrates and senate of those ner to them. It being natural that reverence towards cities that lie near the place in which the murder was those in high offices among men should procure committed, assemble together, and measure the dismen's fear and reverence towards God. Let those tance from the place where the dead body lies: then that judge be permitted to determine according as let the magistrate of the nearest city purchase a they think right; unless any one can show that they heifer, and bring it to a valley, and to a place therein have taken bribes, to the perversion of justice, or where there is no land ploughed, or trees planted; can allege any other accusation against them, and let them cut the sinews of the heifer : then the whereby it may appear that they have passed an priests, and Levites, and senate of that city, shall unjust sentence. For it is not fit that causes should take water, and wash their hands over the head of be openly determined out of regard to gain, or to the heifer; and they shall openly declare, that their the dignity of the suitors; but that the judges should hands are innocent of this murder, and that they esteem what is right before all other things; for have neither done it themselves, nor been assisting Deut. xxxi. 12.
remembrance and observation of the laws of God and Moses, # Whether these phylacteries, and other Jewish memorials of be frequently inculcated in all the sacred writings. the law here mentioned by Josephus, and by Moses, (besides | Numb. xv. 38, 39. the fringes on the border of their garments, Numb. xv. 37,) Here, as well as Of the War, II. 20, are but seven judges were literally meant by God, I much question. That they have appointed for small cities, instead of twenty-three in the modern been long observed by the Pharisees and the Rabbinical Jews, Rabbins, which modern Rabbins are always but of very little is certain. However, the Karaites, who receive not the unwrit authority in comparison of Josephus. ten traditions of the elders, but keep close to the written law || Deut. xvi. 18. with Jerome and Grotius, think they were not literally to be
T I have never observed elsewhere, that in the Jewish gop. understood ; as Bernard and Reland here take notice. "Nor in ernment women were not admitted as legal witnesses in courts deed do I remember, that either in the ancienter books of the of justice. None of our copies of the Pentateuch say a word Old Testament, or in the books we call Apocrypha, there are of it. It is very probable, however, that this was an exposition any signs of such literal observations appearing among the Jews. of the Scribes and Pharisees, and the practice of the Jews in Though their real or mystical signification, i. e. the constant the days of Josephus.
** Deut. xvii. 6.
to any that did it.* They shall also beseech God which is planted with vines ; for it is enough that to be merciful to them, that no such horrid fact may it supply nourishment to that plant, and be not any more be done in that land.
harassed by ploughing also. You are to plough Aristocracy, and the way of living under it, is your land with oxen, and not to oblige other the best constitution. And may you never have animals to come under the same yoke with them; any inclination to any other form of government: but to till your land with those beasts that are of and may you always love that form, and have the the same kind with each other. The seeds are laws for your governors, and govern all your laws also to be pure and without mixture, and not to according to them. For you need no supreme be compounded of two or three sorts: since nature governor, but God. But if you shall desire a king, does not rejoice at the union of things that are let him be one of your ownt nation ; let him be not in their own nature alike; nor are you to peralways careful of justice, and other virtues per- mit beasts of different kinds to gender together.|| petually ; let him submit to the laws, and esteem For there is reason to fear, that this unnatural God's commands to be his highest wisdom. But abuse may extend from beasts of different kinds let him do nothing without the high-priest, and to men; though it takes its first rise from evil the votes of the senators: let him not have a great practices about such smaller things. Nor is any number of wives, nor presume abundance of riches, thing to be allowed by imitation, whereof any nor a multitude of horses; whereby he may grow degree of subversion may creep into the constitutoo proud to submit to the laws. And if he affect tion. Nor do the laws neglect smaller matters: any such things, let him be restrained ; lest he be- but provide that even those be managed after an come so potent that his state be inconsistent with unblamable manner.
Let not those that reap, and gather in the corn Let it not be esteemed lawful to remove bound that is reaped, gather in the gleanings also; but aries; neither our own, nor of those with whom let them rather leave some handfuls for those that we are at peace. Be careful that you do not take are in want of the necessaries of life; that it may thosef landmarks away; which are, as it were, a be a support, and a supply to them, in order to divine and unshaken limitation of rights made by their subsistence. In like manner when they God himself, to last for ever; since this going be- gather their grapes, let them leave some smaller yond limits, and gaining ground upon others, is bunches for the poor; and let them pass over the occasion of wars and seditions : for those that some of the fruits of the olive trees, T when they remove boundaries are not far off an attempt to gather them; and leave them to be partaken by subvert the laws.
those that have none of their own. For the adIle that plants a piece of land, whose trees pro- vantages arising from the exact collection of all duce fruits before the fourth year, is not to bring will not be so considerable to the owners, as will thence any first fruits to God; nor is he to make arise from the gratitude of the poor. And God use of that fruit himself, for it is not produced in will provide that the land shall more willingly its proper season. For when nature has a force produce what shall be for the nourishment of its put upon it at an unseasonable time, the fruit is fruits, in case you do not merely take care of not proper for God, nor for the master's use; but your own advantage, but have regard to the suplet the owner gather all that is grown in the port of others also. Nor are you to muzzle the fourth year; for then it is in its proper season. mouths of the oxen, when they tread the ears of And let him that has gathered it carry it to the corn, in the threshing-floor :** for it is not just to holy city, and spend that, together with the tythe restrain our fellow labouring animals, and those of his other fruits, in feasting with his friends, that work in order to its production, of this fruit with the orphans, and the widows. But on the of their labours. Nor are you to prohibit those fifth year the fruit is his own, and he may use it that pass by at the time when your fruits are ripe, as he pleases.
to touch them; but to give them leave to fill themYou are not to sow a piece of land with seed, selves full of what you have; and this whether
* Deut. xxi. 1-9.
f Deut. xvii. 15. b. i. sat. viii. 12. The heathens had a deity called Jupiter Ter. # Deut. xix. 14. It was the common practice both with the minalis, appointed to preside over bounds and landmarks. Numa Hebrews and with the Romans to erect landmarks to distin- Pompilius appointed stones to be set as bounds to every man's guish the boundaries of particular estates; and in setting apart land, and dedicated them to Jupiter Terminalis. He ordered land for any use, they erected a pillar, upon which was marked that those who removed them should be slain as sacrilegious its length and breadth. From many ancient inscriptions it is persons, and they and their oxen devoted to destruction. B. evident that the Romans added the following letters: H. M. H. Levit. xix. 25.
ll Levit. xix. 19. N. S. Hoc monumentum hæredes non sequitur. See Horace, Deut. xxiv, 20.
** Deut. xxv. 4.
they be of your own country, or strangers; asunto the temple : and when they have blessed God being glad of the opportunity of giving them some for that land which bare them, and which he had part of your fruits when they are ripe. But let it given them for a possession : when they have also not be esteemed lawful for them to carry any offered those sacrifices which the law has comaway.
.* Nor let those that gather the grapes, and manded them to bring, let them give the first fruits carry them to the wine-presses, restrain those to the priests. But when any one hath done this, whom they meet from eating of them. For it and hath brought the tithe of all that he hath, tois unjust out of envy to hinder those that de- gether with those first fruits that are for the Lesire it, to partake of the good things that come vites, and for the festivals; and when he is about into the world according to God's will; and this to go home, let him stand before the holy house, while the scason is at the height, and is hastening and return thanks to God, that he hath delivered away, as it pleases God. Nay, if some out of them from the injurious treatment they had in bashfulness are unwilling to touch these fruits, Egypt; and hath given them a good land, and perlet them be encouraged to take of them; I mean mits them to enjoy the fruits thereof; and when those that are Israelites, as if they were them- he has openly testified that he hath fully paid the selves the owners and lords, on account of the tithes, and other dues, according to the law of kindred there is between them. Nay, let them Moses, let him entreat God that he will be ever desire men that come from other countries, to par- merciful and gracious to him; and continue to be take of these tokens of friendship, which God has so to all the Hebrews, both by preserving the given in their proper season. For that is not to good things he hath already given them, and by be deemed as idly spent, which any one out of adding what is still in his power to bestow. kindness communicates to another. Since God Let the Hebrews marry, at a proper age, virgins bestows plenty of good things on men, not only that are free, and born of good parents. And he for themselves to reap the advantage, but also to that does not marry a virgin, let him not corrupt give to others in a way of generosity; and he is another man's wife, and marry her; nor grieve desirous, by this means, to make known to others her former husband. Nor let free men marry his peculiar kindness to the people of Israel, and slaves; although their affections should strongly how freely he communicates happiness to them, bias any of them so to do; for it is decent, and while they abundantly communicate out of their for the dignity of the persons themselves, to great superfluities to even these foreigners also. govern such affections. And farther, no one But for him that acts contrary to this law, let him ought to marry a harlot, whose matrimonial obbe beatent with forty stripes save one, by the pub- lations, arising from prostitution, God will not lic executioner ; let him undergo this punishment, receive. For by these means the dispositions of which is a most ignominious one for a free man; the children will be liberal and virtuous. I mean and this because he was such a slave to gain, as when they are not born of base parents, and of to lay a plot upon his own dignity. For it is the conjunction of such as marry women that are proper for you who have had the experience of the not free. If any one has been espoused to a afflictions of Egypt, and of those in the wilder- woman as to a virgin, and does not afterward ness, to make provision for those that are in the find her so to be, let him bring his action, and like circumstance: and while you have now ob- accuse her; and let him make use of such indicatained plenty yourselves, through the mercy and tions to prove his accusation as he is furnished providence of God, to distribute of the same plenty withal. And let the father or the brother of the to such as stand in need of it.
damsel, or some one that is after the nearest kin Besides those two tithes, which I have already to her, defend her. And if the damsel obtain a said you are to pay every year, one to the Levites, sentence in her favour, that she had not been the other for the festivals; you are to bring every guilty, let her live with her husband that accused third year a third tithe, to be distributed to those her. And let him not have any farther power at that want them ;£ to women also that are widows, all to put her away, unless she give him very and to children that are orphans :S but as to the great occasion of suspicion, and such as can nofruits, let them carry that which is ripe first of all way be contradicted. But for him that brings an
third year to pay three tithes, that to the Levites ; that for sac+ This penalty of forty stripes save one, was five times in. | rifices at Jerusalem ; and this for the indigent, the widow, and flicted on St. Paul by the Jews. 2 Cor. xt. 34.
the orphans, is fully confirmed by the practice of good old Tobit, † Josephus's plain and express interpretation of this law of even when he was a captive in Assyria, against the opinion Moses, Deut. xiv. 28, 29, &c. that the Jews were bound every || of the Rabbins. Tobit i. 6, 7, 8.
§ Deut. xxvi. 12
* Deut. xxiii. 24.
accusation and calumny against his wife, in an never use her as his wife any more; for by this impudent and rash manner, let him be punished means she may be at liberty to marry another by receiving forty stripes save one, and let him husband; although before this bill of divorce be pay fifty shekels to her father ; but if the damsel given, she is not to be permitted so to do. But if be convicted, as having been corrupted, and is one she be misused by him also, or if, when he is dead, of the common people, let her be stoned; because her first husband would marry her again, it shall she did not preserve her chastity till she were not be lawful for her to return to him. If a wolawfully married; but if she were the daughter of man's husband die, and leave her without children, a priest, let her be burnt alive. If any one hath let his brother marry her, and let him call the son two wives, and if he greatly respect and be kind that is born to him, by his brother's name, and to one of them ; either of his affection to her, or educate him as the heir of his inheritance; for for her beauty, or for some other reason; while this procedure will be for the benefit of the public; the other is of less esteem with him; and if the because thereby families will not fail, and the son of her that is beloved be the younger by birth estate will continue among the kindred; and this than another born of the other wife, but endeav- will be for the solace of wives under their afflicours to obtain the right of primogeniture from his tion, that they are to be married to the next father's kindness to his mother, and would there- relations of their former husbands. But if the by obtain a double portion of his father's sub- brother will not marry her, let the woman come stance, (for that double portion is what I have before the senate, and protest openly that his allotted him in the laws,) Iet not this be permitted. brother will not admit her for his wife, but will For it is unjust that he, who is the elder by birth, injure the memory of his deceased brother, while should be deprived of what is due to him, on the she is willing to continue in the family, and to father's disposition of his estate, because his mo- bear him children. And when the senate have inther was not equally regarded by him. He that quired of him, for what reason it is that he is hath corrupted a damsel, espoused to another averse to this marriage, whether he gives a bad man, in case he had her consent, let both him and or good reason, the matter must come to this her be put to death, for they are both equally issue; that the woman shall loose the sandals of guilty; the man, because he persuaded the woman the brother, and shall spit in his face, and say, willingly to submit to an impure action, and to “ He deserves this reproachful treatment, as hayprefer it to lawful wedlock; the woman, because ing injured the memory of the deceased.” And she was persuaded to yield herself to be corrupted, then let him go away out of the senate, and bear either for pleasure, or for gain. However, if a this reproach upon him all his life long; and let man meet with a woman when she is alone, and her marry to whom she pleases, of such as seek force her, where nobody is present to come to her her in marriage.f But if any man take captive assistance, let him only be put to death. Let him either a virgin, or one that hath beenf married, that hath corrupted a virgin, not yet espoused, and has a mind to marry her, let him not be almarry her: but if the father of the damsel be not lowed to bring her to his bed, or to live with her willing she should be his wife, let him pay fifty as his wife, before she hath her head shaven, and shekels as the price of her prostitution. He that hath put on her mourning habit, and lamented her desires to be divorced from his wife, for* any cause relations and friends that were slain in the battle; whatsoever; and many such causes happen among that by this means she may give vent to her sormen, let him in writing give assurance that he will row for them, and after that may betake herself to
* These words of Josephus are very like those of the Phari. widow: but this is not peculiar to them, for they have this as sees to our Saviour upon this very subject: Matthew xix. 3. Is well as many other customs of that ancient people, in common it lawful for a man to put away his wife for every cause ? with the inhabitants of Syria, and with the Arabians in general.”
| Deut. xxv. 5. From this ancient.custom the Athenians ap Amongst the Arabians, if a father left one or more widows, pear to have that remarkable law, that no heiress must marry the sons often marry them, provided they were not their own out of her kindred, but shall resign up herself and fortune to mothers. This usage was suppressed by Mahommed; and beher nearest relations: and by the same law the nearest relation fore this time it was marked with a degree of detestation. Lord was obliged to marry her. Potter's Gr. Ant. vol. i. p. 159. Haile's (Annals of Scotland, p. 39,) informs us, that this custom.
Among the modern eastern nations we still meet with the prevailed in Scotland so late as the eleventh century: and he law, or custom, of marrying the brother's widow. Thus Olcarius supposesthat it might have originated from avarice, in order to (Ambassador's Travels into Persia, p. 417, Eng. edit.) informs relieve the heir from the payment of a jointure. B. us concerning the Circassians: “When a man dies without # Here it was supposed that this captive's husband, if she issue, his brother is obliged to marry the widow, to raise up were before a married woman, was dead before, or rather was seed to him.” 'Volney, (Voyage en Syrie, tom. ii. p. 74,) ob
slain in this battle. Otherwise it would have been adultery in serves, that “the Druzes retain, to a certain degree, the custom him that married her. of the Hebrews which directed a man to marry his brother's
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 bet 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 ;f 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 pa Let no one lend to any of the Hebrews upon rents, and do not pay them honour, but offer them usury, neither usury of what is caten, or what is affronts; either because they are ashamed of them, drank.Ş For it is not just to make advantage of the or think themselves wiser than they. In the first misfortunes of one of thy own countrymen; but place, let their parents admonish them in words; when thou hast administered to his necessities, think (for they are by nature of authority sufficient for it thy gain, if thou obtainest his gratitude to thee; becoming their judges,) and let them say thus to and withal that reward, which will come to thee them: " That they cohabited together, not for the from God, for thy humanity towards him. 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 a 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 Let death be the punishment for stealing a man;T the lawgiver will appear to be good, and parents but he that hath purloined gold or silver, let him pay happy, while they never behold either a son or a double. If any one kill a man that is stcaling somedaughter brought to punishment. But if it happen thing out of his house, let him be esteemed guiltless; that these words, and the instructions conveyed although the man were only breaking in at the wall. by them, in order to reclaim the man, appear to Let him that hath stolen cattle pay fourfold what is
* 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.
| Deut. xxi. 21.
§ Deut. xxiii. 19.
Exod. xxi. 16.