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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. Bat 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 sepators : 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 be may grow too proud to submit to have suffered.

to the laws. And if he affect any such things, If a murder be committed in any place, and let him be restrained ; lest he become so po he that did it be not found, nor is there any tent that his state be inconsistent with your suspicion upon one, as if he had bated the welfare. man, and so had killed him; let there be Let it not be esteemed lawful to remove very diligent inquiry made after the man, and boundaries; neither our own, nor of those rewards proposed to any that will discover him. with whom we are at peace.

Be careful that But if no information can be procured, let you do not take those landmarks away; which the magistrates and senate of those cities that are, as it were, a divine and unshaken limita. lie near the place in which the murder wastion of rights made by God himself, to last committed assemble together, and measure for ever; since this going beyond limits, and the distance from the place where the dead gaining ground upon others, is the occasion body lies: then let the magistrate of the near- of wars and seditions : for those that remove est city purchase a heifer; and bring it to a boundaries are not far off an attempt to subvalley, and to a place therein where there is no vert the laws. land plowed, or trees planted ; and let them He that plants a piece of land, whose trees cut the sinews of the lieifer : then the priests, produce fruits before the fourth year, is not and Levites, and senate of that city, shall take to bring thence any first-fruits to God : nor water, and wash their hands over the head of is he to make use of that fruit himself, for it the heifer; and they shall openly declare, that is not produced in its proper season. For their hands are innocent of this murder, and when nature has a force put upon it at an unthat they have neither done it themselves, nor seasonable time, the fruit is not proper for been assisting to any that did it.* They shall God, nor for the master's use ; but let the also beseech God to be merciful to them, that owner gather all that is grown on the fourth no such horrid fact may any more be done in year; for then it is in its proper season. And that land.

let him that has gathered it carry it to the Aristocracy, and the way of living under it, holy city, and spend that, together with the is the best constitution. And may you nevertithe of his other fruits, in feasting with his have any inclination to any other form of go- friends, with the orphans, and the widows. vernment : and may you always love that But on the fifth year the fruit is his own, and form, and have the laws for your governors, he may use it as be pleases. S and

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 ownt 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

govern all

* Deut. xx. 1-9.

+ Deut. xvii. 15. heathens had a deity called Jupiter Terminalis, appointed Deut. xix. 14. It was the common practice both with lo preside over bounds and landmarks. Numa Pompilius the Hebrews and with the Romans to erect landmarks to appointed stones to be set as bounds to every man's land, distinguish the boundaries of particular estates; and in and dedicated them to Jupiter Terminalis. He ordered setting apart land for any use they erected a pillar, upon that those who removed them should be slain as sacriwhich was marked its length and breadth. From many legious persons, and they and their oxen devoted to de ancient inscriptions it is evident that the Romans added struction. B. the following letters: H. M. N. S. Hoc monumentum

§ Levit, xix. 25. hæredes non sequitur. See Horace, b. i, sat, viii. 12. The

not

manner.

also;

not to oblige other animals to come under the || ing glad of the opportunity of giving them same yoke with them ; but to till your land some part of your fruits when they are ripe. with those beasts that are of the same kind | But let it not be esteemed lawful for them to with each other. The seeds are also to be carry any away.S Nor let those that gather pure, and without mixture, and not to be the grapes, and carry them to the winepresses, 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 them. For it is unjust out of envy to binder are not in their own nature alike; nor are you those that desire it to partake of the good to permit beasts of different kinds to gender to-things that come into the world according to gether. * For there is reason to fear, that this God's will : and this while the season is at the unnatural abuse may extend from beasts of height, and is hastening away, as it pleases different kinds to men : though it take itsGod. Nay, if some, out of bashfulness, are first rise from evil practices about such smaller | unwilling to touch these fruits, let them be things. Nor is any thing to be allowed by encouraged to take of them ; I mean those imitation, whereof any degree of subversion that are Israelites, as if they were themselves may creep into the constitution. Nor do the the owners and lords, on account of the kinlaws neglect smaller matters : but provide that dred there is between them. Nay, let them even those be managed after an unblameable desire men that coine 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

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 likevantage, 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 bis peculiar and let them pass over some of the fruits of kivdness to the people of Israel, and how freely the olive trees,f 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. 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 he was such a slave to gain, as to lay a plot take care of your own advantage, but have upon his own dignity. For it is proper for regard to the support of others also. Nor are you who have had the experience of the afflicyou to muzzle the mouths of the oxen, when tions of Egypt, and of those in the wilderness, they tread the ears of corn, in the threshing to make provision for those that are in the like floor : I for it is not just to restrain our fellow circumstance: and while you have now obJabouring animals, and those that work in or- tained, plenty yourselves, through the mercy der to its production, of this fruit of their la- and providence of God, to distribute of the bors. Nor are you to prohibit those that pass by same plenty to such as stand in need of it. at the time when your fruits are ripe, to touch Besides those two tithes which I have althem; but to give them leave to fill themselves ready said you are to pay every year, one to full of wbat you have: and this whether they the Levites, the other for the festivals : you are be of your own country, or strangers : as be- | to bring every third year a third tithe, to be

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

VOL 1.

+ Deut. xxiv. 20,
§ Deut. xxiii. 24,

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

distributed

-(12.)

)

distributed to those that want them ; * to wo: || to prove his accusation as he is furnished with men also that are widows, and to childrenal. And let the father or the brother of the that are orphans: f but, as to the fruits, let dainsel, 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 damsel 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 hiin 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 før hath done this, and hạth brought the tithe of || bim 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 con. to God, that he hath, delivered then froin the victed, as having been corrupted, and is one injurious treatment they had in Egypt : and of the common people, let her be stoned; ben hath given them a good land, and permits cause she did not preserve her chastity till she them to enjoy the fruits thereof: and, when were lawfully married; but, if she were the he has openly testified that he hath fully paid daughter of a priest, let her be burnt alive. the tithes, and other dues, according to the If any one hath two wives, and if he greatly law of Moses, let him entreat God that he || respect and be kind to one of them; either out will be ever merciful and gracious to him; of his affection to her, or for her beauty, or for and continue to be so to all the Hebrews, both some other reason, while the other is of less by preserving the good things he hath already esteem with him; and if the son of her that given them, and by adding what it is still in his is beloved be the younger by birth tban anpower to bestow.

other 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, in 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. |and to prefer it to lawful wedlock; the woman, If any one has been espoused to a woman as because she was persuaded to yield herself to to a virgin, and does not afterward find her be corrupted, either for pleasure, or for gain. so to be, let him bring bis action, and accuse | However, if a man meet with a woman when her : and let him make use of such indications | she is alone, and force her, where nobody is.

* Josephus's plain and express interpretation of this indigent, the widow, and the orphans; is fully confirmed law of Moses, Deut. xiv, 28, 29, &c. tbat the Jews were by the practice of good old Tobit, even when he was a bound every third year to pay three tithes : that to the captive at Assyria, against the opinion of the Rabbins. Levites; that for sacrifices at Jerusalem; and this for the l| 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 I 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 bim also, or if, when he is dead, her as his wife, before she hath her head shaven, first husband would marry her again, it shall and bath put on her mourning habit, and lanot be lawful for her to return to him. If a mented her relations and friends that were woman's husband die, and leave her without slain in the battle ; that by this means she may children, let his brother marry her, and let give vent to her sorrow for them, and after him call the son that is born to him by his bro- i that may betake herself to feasting, and mather's name, and educate him as the heir of trimony; for it is good for him who takes a his inheritance: for this procedure will be for woman to have children by her, to be comthe benefit of the public, because thereby fa- plaisant to her inclinations, and not merely to milies will not fail, and the estate will con- pursue his own pleasure, while he hath no retinue among the kindred; and this will be for gard to what is agreeable to her. But, when the solace of wives under their affliction, that thirty days are past, as the time of mourning they are to be married to the next relations of (for so many are sufficient for prudent persons their former husbands. But, if the brother will for lamenting the dearest friends), then let not marry her, let the woman come before them proceed to the marriage. But in case, the senate, and protest openly that this bro- when he hath gratified his desires, he be too ther will not admit ber for his wife, but will || proud to retain her for his wife, let him not injure the memory of his deceased brother, have it in his power to make her a slave, but while she is willing to continue in the family, let her go away whither she pleases, and have and to bear him children. And when the se- that privilege of a free woman.Ş nate have inquired of him, for what reason it As to those young men that despise their pa

* These words of Josephus are very like those of the this is not peculiar to them, for they have this as well as Pharisees to our Saviour upon

this
very subject : Matthew

many other customs of that ancient people, in common xix. 3, Is it lawful for a man to put away his wife for with the inhabitants of Syria, and with the Arabians in every cause?

general.” + Deut. xxv. 5. From this ancient custom the Athe Amongst the Arabians, if a father left: one or more winians appear to have that remarkable law, that no heiress dows, the sons often married them, provided they were not must marry out of her kindred, but shall resign up herself their own mothers. This usage was suppressed by Moand fortune to her nearest relation: and by the same law hammed; and before this tinje it was marked with a dethe nearest relation was obliged to marry her. Potter's || gree of detestation. Lord Hailes (Annals of Scotland, p. Gr. Ant. vol. i. p. 159.

39.) informs us that this custom prevailed in Scotland so Among the modern eastern nations we still meet with late as the eleventh century; and he supposes that it might the law, or custom, of marrying the brother's widow. I have originated from avarice, in order to relieve tlie beir Thus Olearius (Ambassador's Travels into Persia, p. 417. from the payment of a jointure. B. Eng. ed.) informs us concerning the Circassians: “When I Flere it was supposed that this captive's husband, if a man dies without issue, his brother is obliged to marry she were before a married woman, was dead before, or the widow, to raise up seed.to. him.” Volney (Voyage rather was slain in this battle. Otherwise it would have en Syrie, tom. ii. p. 74.) observes that “the Druzes re been adultery in him that married her. tain, to a certain degree, the custom of the Hebrews, § Deut. xxi. 14. which directed a man to marry his brother's widow: but

rents,

1

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 bats
they; 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 be-
ture of authority sufficient for becoming their yond what justice requires.
judges), and let them say thus to them : “ That Let no one lend to any of the Hebrews
they cohabited together, not for the sake of | upon usury, neither usury of what is eaten, nor
pleasure, nor for the augmentation of their what is drank. For it is not just to make
riches, by joining both their stocks together ; | advantage of the misfortunes of one of thy
but that they might have children, to take own countrymen: but, when thou hast admis
care of them in their old age ; and might by nistered to his necessities, think it thy gaia,
them have what they then should want;" and if thou obtainest his gratitude to thee; and
say farther to him, “When thou wast born we withal that reward, which will come to thee
took thee up with glaulness; and gave God from God, for thy humanity towards him.
the greatest thanks for thee : and brought thee Those who have borrowed either silver, -of
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; lay-
to 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 restoie it, let not
towards their parents ; because he is himself the lender go to the borrower's house, ş 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 to the poor.

But if it happen to the poor. It is also not lawful to take a
that these words, and the instructions conveyed | millstone, nor any utensil thereto belonging,
by them, in order to reclaim the man, appear for a pledge; that the debtors may not be de-
to be useless; then the offender renders the prived of instruments to get their food withal,
law an implacable enemy to the insolence he and lest they should be undone by their ne-
has offered his parents. Let him, therefore, be cessity.
*brought forth, by these very parents, out of Let death be the punishment for stealing a
the city, with a multitude following him; and man; || but he that hath purloined gold or
let him be stoned ;t and, when he has con- silver, let bim pay double. If any one kill a
tinued there for one whole day, that all the man that is stealing something out of his house, ,
people may see him, let him be buried in the let him be esteemed guiltless ; although the
* See Herod the Great insisting on the execution of this + Deut. xxi. 21,

Deut, xxiii. 19. law, with relation lo two of his own sons, before the judges § Deut. xxiv. 10.

Exod. xxi, 16. at Berytus.

man

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