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Reubel, and the half tribe of Manasseh, abounded in a multitude of cattle, as well as in all other kinds of prosperity; whence they had a meeting, and besought Moses to give them, as their peculiar portion, that land of the Amorites which they had taken by right of war; because it was fruitful, and good for feeding cattle. But Moses, supposing that they were afraid of fighting the Canaanites, and invented this provision for their cattle as a handsome excuse for avoiding that war, called them arrant cowards; and said, they had only contrived a decent excuse for their timidity; and that they had a mind to live in luxury and ease, while all the rest were laboring with great pains to obtain the land they were desirous to have; and that they were not willing to undergo the remaining hard service, whereby they were under the divine promise to pass over Jordan, and overcome those enemies which God had shewed them, and so obtain their land. But these tribes, when they saw that Moses was angry with them, and when they could not deny but he had a just cause to be displeased at their petition, made an apology for themselves; and said, that it was not on account of their fear of danger, nor on account of their indolence, that they made this request, but that they might leave the prey they had gotten in places of safety, and thereby might be more expeditious and ready to undergo difficulties, and to fight battles. They added also, that when they had built cities, wherein they might preserve their children, and wives, and possessions, if he would bestow them upon them; they would go along with the rest of the army. Hereupon Moses called for Eleazar, the high-priest, and Joshua, and the chief of the tribes, and permitted these tribes to possess the land of the Amorites; but upon this condition, that they should join with their kinsmen in the war, until all things were settled. Upon which condition they took possession of the country, and built them strong cities, and put into them their children, and their wives, and whatsoever else they had that might be an impediment to the labors of their future marches.

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Moses also now built those ten cities, which

* Numb. xxxvi. 2. et seq,

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were to be of the number of the forty-eight for the Levites. Three of these he allotted to those that slew any person involuntarily, and fled to them: and he assigned the same time for their banishment with that of the life of the high-priest under whom the slaughter and flight happened; after which he mitted the slayer to return home: the relations of him that were slain having the power to kill the slayer, if they caught him without the bounds of the city to which he fled; though this permission was not granted to any other person. Now the cities which were set apart for this flight were Bezer, at the borders of Arabia; Ramoth, of the land of Gilead; and Golan, in the land of Bashan. There were to be also, by Moses's command, three other cities allotted for the habitation of these fugitives, out of the cities of the Levites; but not till after they should be in possession of the land of Canaan.

At this time the chief men of the tribe of Manasseh came to Moses, and informed him, that there was an eminent man of their tribe dead, whose name was Zelophehad; who left no male children, but left daughters: and asked him whether the daughters might inherit his land* or not? he made this answer : that if they shall marry into their own tribe, they shall carry their own estate along with them; but if they shall marry to any of another tribe, they shall leave their inheritance in their father's tribe. And then it was that Moses ordained that every one's inheritance should continue in his own tribe.

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and the course of old age at a hundred and twenty, require that I 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; I thought it reasonable not to leave off my endeavours 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. Let me therefore suggest to you by what means you may be happy, and may leave an eternal prosperous possession to your children after you; and then let me 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. Ot children of Israel! there is but one source of happiness for all mankind, the favor of God: for he alone is able to give good things to those that deserve them, and to deprive those of them that sin against him. If you behave yourselves according to his will, and according to what I, who well understand his mind, do advise, you will both be esteemed blessed, and will be admired by all men, and will never come into misfortunes, nor cease to be happy; you will then preserve the possession of the good things you already have, and will quickly obtain those that you at present are in want of. Only be obedient to those whom God would have you to follow. Nor prefer any other constitution of government before the laws now given you; neither 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 most courageous of all men, in undergoing the fatigues of war; and will not be easily conquered by any of your enemies. For while God is present 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 to if you, you preserve that virtue through your whole lives. Virtue itself is indeed

*Deut. xxxi. 2.

Josephus, in this one sentence, sums up his notion of Moses's very long and serious exhortations in the book of Deuteronomy. And his words are so true, and of such

the principal and the first reward; and after that it bestows abundance of others. So 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 meditate upon the wisdom that is in them. I am now going from you, 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. And that God, who has been till now your leader, and by whose good will I have myself been useful to you, will not put a period now to his providence over you: but as long as you desire to have him your protector, in your pursuits after virtue, so long will you enjoy his care over you. 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 them, therefore, do you give ear, without reluctance; as sensible that all such that know well how to be governed will also know how to govern, if they be promoted to that authority themselves. And do not you esteem liberty to consist in opposing such directions as your governors think fit to give you for your practice; as at present indeed you place your liberty in nothing else but abusing your benefactors: which error if you can avoid for the time to come, your affairs will be in a better condition than they have hitherto been. Nor do you ever indulge such a degree of passion in these matters, as you have oftentimes done when you have been very angry at me: for you know that I have been oftener-in danger of death from you than from your enemies. What I now put you in mind of is not done in order to reproach you: for I do not think it

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importance, that they deserve to be had in constant remembrance both by Jews and Christians: "O children of Israel! there is but one source of happiness for all man. kind, the favor of God."

proper

proper now I am going out of the world to bring this to your remembrance, in order to leave you offended at me; since at the time when I underwent those hardships, I was not angry at you; but I do it in order to make you wiser hereafter, and to teach you that this will be for your security; I mean that you never be injurious to those that preside over you, even when you are become rich; as you will be to a great degree when you have passed over Jordan, and are in possession of the land of Canaan. Since when you shall have once proceeded so far by your wealth as to a contempt and disregard of virtue, you will also forfeit the favor of God; and when you have made him your enemy, you will be beaten in war; and will have the land which you possess taken away again from you by your enemies and this with great reproaches upon your conduct. You will be scattered over the whole world, and will, as slaves, entirely fill both sea and land; and when once you have had the experience of what I now say, you will repent, and remember the laws you have broken when it is too late. Whence I would advise you, if you intend to preserve these laws, to leave none of your enemies alive, when you have conquered them; but to look upon it as for your advantage to destroy them all lest, if you permit them to live, you imbibe their manners, and thereby corrupt your own proper institutions. I also farther exhort you to overthrow their altars, and their groves, and whatsoever temples they have among them; and to burn all such their nation and their very memory with fire. For by this means alone the safety of your own happy constitution can be firmly secured to you; and in order to prevent your ignorance of virtue, and the degeneracy of your nature into vice, I have also ordained you laws by divine suggestion, and a form of government; which are so good, that if you regularly observe them, you will be esteemed of all men most happy.'

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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 re

membered what a number of dangers he had passed through, and what care he had taken for their preservation; they desponded about what would come upon them after he was dead; supposing they should never have another governor like him, and fearing that God would take less care of them when Moses was gone, who used to intercede for them. They also repented of what they had said to him in the wilderness, when they were angry; and so were in grief on those accounts. So that the whole body of the people fell into tears with such bitterness, that it was past the power of words to comfort them in their affliction. However, Moses gave them some consolation; and by calling them off the thought how worthy he was of their weeping for him, he exhorted them to adhere to that form of government he had given them. And then the congregation was dissolved at that time. 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 peruse these Antiquities what our original settlements were, and shall then proceed to the remaining histories. Now these settlements are still in writing, as he left them; and we shall add nothing by way of ornament, nor any thing besides what Moses left us. 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; lest any of my own countrymen should blame me, as having been guilty of an offence herein. Now part of our constitution will include the laws that belong to our political state but with respect to those laws which Moses left concerning our common conversation and intercourse with one 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.

When you have possessed yourselves of the land of Canaan, and have leisure to enjoy the good things of it; and when you have after

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 the fruits of the earth, which God gives you to possess, so as may be to the honor of the donor.

ward determined to build cities, if you willing the memorials of this union; for if they do do what is pleasing to God, you will have a not thus converse together continually, they secure state of happiness. Let there be then will appear like mere strangers to one anone city of the land of Canaan; and this si- other. tuate in the most agreeable place for its goodpess, and very eminent of itself; and let it be that which God shall choose for himself, by prophetic revelation. Let there also be one temple therein, and one altar; not reared of hewn stones, but of such as you gather together at random; which stones, when they are whitened over with mortar, will have a handsome appearance, and be beautiful to the sight. Let the ascent to it be* not by steps, You are not to offer sacrifices out of the but by an acclivity of raised earth. And let hire of a harlot; for the Deity is not pleased there be neither an altar, nor a temple, in any with any thing that arises from such abuses of other city. For God is but one, and the na-nature, of which sort none can be worse than tion of the Hebrews is but one. 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.¶

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.

Let no one** blaspheme the gods†† which other cities esteem such. Nor may one steal what belongs to strange temples, nor take away the gifts that are dedicated to any god.

Let not any one of you wear a garment made of woollen‡‡ and linen; for that is appointed to be for the priests only.

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 every 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. For it is a good thing for those that are of the same stock, and under the same in-high-priest stand upon a high desk, whence stitutions, 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 renew

When the multitude are assembled together unto the holy city for sacrificing, every seventh year, at the feast of tabernacles, let the

he might be heard, and let him read the
laws to all§§ the people. And let neither
women, children, nor servants, be hindered
from hearing. For it is a good
good thing that

+ Levit. xxiv. 86.

Exod. xxiii. 14. Deut. xvi. 16. 8 Levit. xxvii. 30.

The hire of public harlots was given to Venus in Syria, as Lucian informs us, page 878. And against some such vile practice of the old idolaters this law seems to have been made.

¶ Deut. xxiii. 18.

This law, both here and Exod. xx. 25, 26, of not going up to God's altar by ladder-steps, but on an acclivity, seems not to have belonged to the altar of the tabernacle which was in all but three cubits high: Exod. xxvii. 1. nor to that of Ezekiel, which was expressly to be gone up to by steps, xliii. 17. but rather to occasional altars of any considerable altitude and largeness: as also probably to Solomon's altar, to which it is here applied by Josephus; as well as that of Zorobabel's and Herod's temple; which were, I think, all ten cubits high. See 2 Chron. iv. 1. and Joseph. Antiq. VIII. 3. And the rea-pheme the gods" or magistrates; which is a much more son why these temples, and these only, were to have this probable exposition than this of Josephus's, of Heathen ascent on an acclivity, and not by steps, is obvious; that gods. before the invention of stairs, such as we now use, de- ++ Exod. xxii. 28. cency could not be otherwise provided for in the loose. ‡‡ Levit. xix. 19. garments which the priests wore, as the law required. See Lamy of the Tabernacle and Temple, p. 444.

**The Apostolical Constitutions, II. expound this law of Moses, Exod. xxii. 28: "Thou shalt not revile or blas

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What book of the law was thus publicly read, see the note on X. 5. and 1 Esd. ix. 50—55.

those

those laws should be engraven on their souls, and preserved in their memories; that so it may not be possible to blot them out. For by this means they will not be guilty of sin, when they cannot plead ignorance of what the laws have enjoined them. The laws also will have a great authority among them, as foretelling what they will suffer if they break them; and imprinting in their souls by this hearing what they 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 the cause of their future felicity.*

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 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. That so there towards God. Let those that judge be permitted to determine according as they think right; unless any one can shew 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 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 highpriest, the prophet, and the Sanhedrim, determine as shall seem good to them.

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 favors. 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 the 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.‡

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

* Deut. xxxi. 12.

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 admit

vation of the laws of God and Moses, be frequently inculcated in all the sacred writings.

Numb. xv. 38, 39.

| Deut. xvi. 18.

+ 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 gar- § Here, as well as Of the War, II. 20. are but seven ments, Numb. xv. 37.) were literally meant by God, judges appointed for small cities, instead of twenty-three I much question. That they have been long observed by in the modern Rabbins, which modern Rabbins are althe Pharisees, and the Rabbinical Jews, is certain. How-ways out of very little authority in comparison of Joseever the Karaites, who receive not the underwritten tra- phus. ditions 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 remembrance and obser

I have never observed elsewhere, that in the Jewish government 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.

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