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ted to give testimony, on account of their || let him submit to the laws, and esteem God's
ignoble spirit; since it is probable they may commands to be his highest wisdom. But let
not speak truth, either out of hope of gain, or him do nothing without the high-priest, and
fear of punishment. But if any one be believed the votes of the senators: let him not have
to have borne false witness, let him, when he a great number of wives, nor presume abund-
is convicted, suffer all the same punishments, ance of riches, nor a multitude of horses;
which he, against whom he bore witness, was whereby he may grow too proud to submit
to have suffered.
to the laws. And if he affect any such things,
let him be restrained; lest he become so po-
tent that his state be inconsistent with your
welfare.

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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 plowed, 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 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.

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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 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.§

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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. You are not to sow a piece of land with For you need no supreme governor, but God. seed, which is planted with vines; for it is But if you shall desire a king, let him be one enough that it supply nourishment to that of your ownf nation; let him be always care-plant, and be not harassed by plowing also. ful of justice, and other virtues perpetually; You are to plow your land with oxen, and

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* Deut. xx. 1-9. + Deut. xvii. 15. Deut. xix. 14. It was the common practice both with the Hebrews and with the Romans to erect landmarks to distinguish the boundaries of particular estates; and in setting apart land for any use they erected a pillar, upon which was marked its length and breadth. From many ancient inscriptions it is evident that the Romans added the following letters: H. M. N. S. Hoc monumentum hæredes non sequitur. See Horace, b. i. sat. viii. 12. The

heathens had a deity called Jupiter Terminalis, appointed to preside over bounds and landmarks. Numa Pompilius appointed stones to be set as bounds to every man's land, and dedicated them to Jupiter Terminalis. He ordered that those who removed them should be slain as sacrilegious persons, and they and their oxen devoted to destruction. B.

§ Levit, xix. 25.

not

ing 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 winepresses,

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 na-restrain those whom they meet from eating of ture 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 take 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 unblameable

manner.

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 Let not those that reap, and gather in the God has given in their proper season. For that corn that is reaped, gather in the gleanings is not to be deemed as idly spent, which any also; but let them rather leave some handfuls one out of kindness communicates to another. for those that are in want of the necessaries Since God bestows plenty of good things on of life that it may be a support, and a supply men, not only for themselves to reap the adto them, in order to their subsistence. In like vantage, but also to give to others in a way manner, when they gather their grapes, let of generosity; and he is desirous, by this them leave some smaller bunches for the poor: means, to make known to others his peculiar and let them pass over some of the fruits of kindness to the people of Israel, and how freely the olive trees,† when they gather them; and he communicates happiness to them, while leave them to be partaken of by those that they abundantly communicate out of their have none of their own. For the advantage great superfluities to even these foreigners arising from the exact collection of all will also. But for him that acts contrary to this not be so considerable to the owners, as will law, let him be beaten || with forty stripes save arise from the gratitude of the poor. of the poor. And one, by the public executioner; let him unGod will provide that the land shall more will- dergo this punishment, which is a most ignoingly produce what shall be for the nourish-minious one for a free man; and this because ment 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 labors. 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 be

Lev. xix. 19.
Deut. xxv. 4.

+ Deut. xxiv. 20.
§ Deut. xxiii. 24.

he was such a slave to gain, as to lay a plot upon his own dignity. For it is proper 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

This penalty of forty stripes save one was five times inflicted on St. Paul by the Jews. 2 Cor. xi. 34.

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distributed to those that want them; to wo- to prove his accusation as he is furnished withmen also that are widows, and to childrenal. And let the father or the brother of the that are orphans: † but, as to the fruits, let damsel, or some one that is after the nearest them carry that which is ripe first of all unto kin to her, defend her. And if the damsek the temple: and when they have blessed God for obtain a sentence in her favor, that she had not that land which bare them, and which he had been guilty, let her live with her husband that given them for a possession; when they have accused her. And let him not have any faralso offered those sacrifices which the law has ther power at all to put her away, unless she commanded them to bring; let them give the give him very great occasion of suspicion, and first fruits to the priests. But when any one such as can no way be contradicted. But for hath done this, and hath brought the tithe of him that brings an accusation and calumny all that he hath, together with those first fruits against his wife, in an impudent and rash that are for the Levites, and for the festivals; manner, let him be punished by receiving and when he is about to go home; let him forty stripes save one, and let him pay fifty stand before the holy house, and return thanks shekels to her father: but, if the damsel be conto God, that he hath delivered them from thevicted, as having been corrupted, and is one 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 it is still in his power to bestow.

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 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 endeavours Let the Hebrews marry, at a proper age, to obtain the right of primogeniture from his virgins that are free, and born of good parents.father's kindness to his mother, and would And he that does not marry a virgin, let him thereby obtain a double portion of his father's not corrupt another man's wife, and marry substance (for that double portion is what I her; nor grieve her former husband. Nor have allotted him in the laws), let not this let free men marry slaves; although their af-be permitted. For it is unjust that he, who is fections should strongly bias any of them so to the elder by birth, should be deprived of what do; for it is decent, and for the dignity of the is due to him, on the father's disposition persons themselves, to govern such affections. of his estate, because his mother was not And, farther, no one ought to marry a harlot, equally regarded by him. He that hath corwhose matrimonial oblations, arising from pros-rupted a damsel espoused to another man, ins titution, God will not receive. For by these case he had her consent, let both him and her means the dispositions of the children will be be put to death, for they are both equally liberal and virtuous. I mean when they are guilty: the man, because he persuaded the not born of base parents, and of the conjunc-woman willingly to submit to an impure action, tion of such as marry women that are not free. 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

suc

* Josephus's plain and express interpretation of this law of Moses, Deut. xiv. 28, 29, &c. that the Jews were bound every third year to pay three tithes that to the Levites; that for sacrifices at Jerusalem; and this for the

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

indigent, the widow, and the orphans; is fully confirmed
by the practice of good old Tobit, even when he was a
captive at Assyria, against the opinion of the Rabbins.
Tobit i. 6, 7, 8.
+ Deut. xxvi. 12.

present

*

:

present to come to her assistance, let him only is that he is averse to this marriage, whether be put to death. Let him that hath corrupted he gives a bad or good reason, the matter a virgin, not yet espoused, marry her: but, must come to this issue: that the woman shall if the father of the damsel be not willing she loose the sandals of the brother, and shall spit should be his wife, let him pay fifty shekels in his face, and say, "He deserves this reas the price of her prostitution. He that de- proachful treatment, as having injured the mesires to be divorced from his wife, for any mory of the deceased." And then let him go cause whatsoever (and many such cases hap-away out of the senate, and bear this reproach pen among men), let him in writing give as-upon him all his life long and let her marry to surance that he will never use her as his wife whom she pleases, of such as seek her in marany more; for by this means she may be at riage. But, if any man take captive either liberty to marry another husband; although, a virgin, or one that hath been married, and † before this bill of divorce be given, she is not has a mind to marry her, let him not be allowto be permitted so to do. But, if she be mis-ed to bring her to his bed, or to live with her used 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 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 bear him children. And when the senate have inquired of him, for what reason it

*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 relation: 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 Olearius (Ambassador's Travels into Persia, p. 417. Eng. ed.) 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 widow: but

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 feasting, and matrimony; for it is good for him who takes a woman 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. But, when thirty days are past, as the time of mourning (for so many are sufficient for prudent persons for lamenting the dearest friends), then let them proceed to the marriage. But in case, when he hath gratified his desires, 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.§

As to those young men that despise their

pa

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 married them, provided they were not their own mothers. This usage was suppressed by Mohammed; and before this time it was marked with a degree of detestation. Lord Hailes (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. § Deut. xxi. 14.

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Let no one lend to any of the Hebrews upon usury, neither usury of what is eaten, nor 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.

rents, and do not pay them honor, but offer || night. And thus it is that we bury all whom them affronts; either because they are asham- the laws condemn to die, upon any account ed of them, or think themselves wiser than whatsoever. Let our enemies that fall in batthey; in the first place, let their parents ad- tle be also buried; nor let any one dead body monish them in words (for they are by na- lie above ground, or suffer a punishment beture of authority sufficient for becoming their yond what justice requires. judges), 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 farther to him, "When thou wast born we took thee up with gladness; and gave God the greatest thanks for thee: and brought thee Those who have borrowed either silver, or up with great care, and spared for nothing any sorts of fruits, whether dry or wet (I that appeared useful for thy preservation, and mean this, when the Jewish affairs shall by for thy instruction in what was most excellent. the blessing of God be to their own mind); let And now, since it is reasonable to forgive the the borrowers bring them again, and restore sins of those that are young, let it suffice thee them with pleasure to those who lent them; layto have given so many indications of thy con- ing them up, as it were, in their own treasures, tempt of us; reform thyself, and act more and justly expecting to receive them thence, wisely for the time to come. Considering that if they shall want them again. But, if they be God is displeased with those that are insolent without shame, and do not restore it, let not towards their parents; because he is himself the lender go to the borrower's house, and the Father of the whole race of mankind, and take a pledge himself, before judgment be seems to bear part of that dishonor which falls given concerning it: but let him require the upon those that have the same name, when pledge, and let the debtor bring it of himself, they do not meet with due returns from their without the least opposition to him that comes children. And on such the law inflicts inexor- upon him under the protection of the law. able punishment; of which punishment mayest And, if he that gave the pledge be rich, let thou never have the experience!" Now, if the creditor retain it, till what he lent be paid the insolence of young men be thus cured, let him again: but, if he be poor, let him that them escape the reproach which their former takes it return it before the going down of the errors deserved for by this means the law-sun; especially if the pledge be a garment, giver will appear to be good, and parents happy, that the debtor may have it for a covering in while they never behold either a son or a daugh- his sleep, God himself naturally shewing mercy ter brought to punishment. But if it happen that these words, and the instructions conveyed by them, in order to reclaim the man, appear to be useless; then the offender renders the law an implacable enemy 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 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

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* See Herod the Great insisting on the execution of this law, with relation to two of his own sons, before the judges. at Berytus.

to the poor. It is also not lawful to take a millstone, nor any utensil thereto belonging, for a pledge; that the debtors may not be deprived of instruments to get their food withal, and lest they should be undone by their necessity.

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

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+ Deut. xxi. 21.
§ Deut. xxiv. 10.

Deut. xxiii. 19.
Exod. xxi. 16.

man

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