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inan were only breaking in at the wall. Let | strument of iron, let him that is smitten be him that hath stolen cattle pay fourfold what avenged immediately, by inflicting the same is lost, excepting the case of an ox; for which punishment on him that smote him. But if, let the thief pay fivefold. Let him that is so when he is carried home, he lie sick
many poor that he cannot pay what mulct is laid days, and then die, let him that smote him upon him, be his servant to whom he was ad- escape punishment; but if he that is smitten judged to pay it.
escape death, and yet be at great expense If any one be sold to one of his own nation, for his cure, the smiter shall pay for all that let him 'serve him six years; and on the seventh has been expended during the time of his let him go free.* But if he have a son by a sickness, and for all that he has paid the phy, woman-servant, in his purchaser's house ; and sician.. He that kicks a pregnant woman, if, on account of his good will to his master, so that she miscarry, let him pay a fine of and his natural affection to his wife and chilmoney, as the judges shall determine; as dren, he will be his servant still, let him be having diminished the multitude by the deset free only at the coming of the year of struction of her offspring; and let money also Jubilee, which is the fiftieth year; and let him be given the woman's husband by him that then take away with him his wife and children, kicked her : but, if she die of the stroke, let and let them be free also.
him also be put to death : the law judging it If any one find gold or silver in the road, equitable that life should
for life. let him inquire after him that lost it, and Let no one of the Israelites keep any poison, make proclamation of the place where he **that may cause death, or any other harm; found it, and then restore it again ; as not but, if he be caught with it, let him be put to thinking it right to make his own profit by death, and suffer the same mischief that he the loss of another. And the same rule is to would have brought upon them for whom the be observed in cattle found to have wandered poison was prepared. away into a lonely place.t If the owner be He that maimeth any one, let him undergo not presently discovered, let him that is the the like himself, and be deprived of the finder keep it with himself, and appeal to same member of which he hath deprived the God, that he has not purloined what belongs other,ft unless he that is maimed will accept to another.
instead of it. For the law makes It is not lawful to pass by any beast that is the sufferer the judge of the value of what he in distress, when in a storm it is fallen down in has suffered, and permits him to estimate it, the mire, but to endeavor to preserve it; as unless he will be more severe. having a sympathy with it in its plan. I
Let bim that is the owner of an ox which It is also a duty to shew the roads to those pusheth with his horn kill him ; but, if he push who did not know them; and not to esteem it and gore any one in the threshing-floor, let a matter of sport, when we hinder others' ad-him be put to death by stoning; and let him vantage, by setting them in a wrong way. not be thought fit for food. But, if his owner
In like manner let no one revile a person be convicted as having known what his nablind or dumb. s
ture was, and hath not kept him up, let him -If men strive together, and there be no in- also be put to death: as being the occasion * Deut. xv, 12. + Exod. xxiii. 5.
and not only when the mother is killed, as Josephus underExod. xxiii, 5. § Levit. xix. 14. Deut. xxvii. 18. stood it. It seems this was the exposition of the Pharisees, vi Exod. xxi, 19.
in the days of Josephus. g Philo and others appear to have understood this law, ** What we render a witch, according to our modern Exod. xxi. 22, 23, better than Josephus; who seems to notions of witchcraft: Exod. xxii. 18, Philo and Josephus allow that, though the infant in the mother's womb, even understood of a poisoner, or one who allempted by secret after the mother were quick, and so the infant had a ra and unlawful drugs, or philtra, to take away the senses or tional soul, were killed by the stroke upon the mother, || the lives of men. yet, if the mother escaped, the offender should only be tt This permission of redeeming this penalty with mofined, and not put to death. While the law seems rather | ney is not in our other copies. Exod. xxi, 24, 25. Le. to mean that, if the infant in that case be killed, though | vit. xxiv. 20. Deut. xix. 21. , the inother escape, the offender must be put to death: VOL. 1.-(12.)
of the ox's having killed a man.* But, if the as in these trusts it is to be, if any, one. deox have killed a man-servant, or a maid-ser- fraud those that undergo bodily labor for vant, let him be stoned; and let the owner of him. And let it be always remembered, that the ox pay † thirty shekels to the master of we are not to defraud a poor man of his him that was slain. But, if it he an ox that is wages; as being sensible that God has allotted thus smitten and killed, let both the oxen, that that wages to him instead of land and other which smote the other, and that which was possessions. Nay, this payment is not at all killed, be sold; and let the owners of them to be delayed, but to be made that very day;[ divide their price between them.
since God is not willing to deprive the laborer Let those that dig a well or a pit be careful of the immediate use of what he hath labored to lay planks over them, and so keep them shut for. up; not in order to hinder any persons from You are not to punish children for the faults drawing water, but that there be no danger of of their parents; g but, on account of their falling into them. But, if any one's beast perish own virtue, rather to vouchsafe them comby falling into such a well or pit, thus digged, miseration, because they were born of wicked and not shut up, let the owner pay its price to parents, than hatred, because they were born the owner of the beast. I Let there be a bat- of bad ones. Nor indeed ought we to im. tlement round the tops of your houses, instead pute the sin of children to their fathers; while of a wall; that may prevent any person from young persons indulge themselves in many rolling down and perishing.
practices different from those they have been Let him that has received any thing in trust instructed in, and this by their refusal of such for another take care to keep it sacred ; and instruction. let no one invent any contrivance, whereby to Let those that have made themselves eudeprive him that hath intrusted it with himnuchs ** be had in detestation; and do you of the same ; and this whether it be a man or avoid any conversation with them who have a woman : no, not although he or she were to deprived themselves of their manhood, and of gain an immense sum of gold; and this where that which God had given to men for the inhe cannot be convicted of it by any body; for crease of their kind. Let such be driven it is fit that a man's own conscience, which away, as if they had killed their children; knows what he hath, should in all cases oblige since they beforehand have lost what should him to do well. Let his conscience be his procure them. For it is evident that, while witness, and make him always act so as may their soul is become effeminate, they have procure him commendation from others; and withal transfused that effeminacy to their body let him chiefly have regard to God, from also. In like manner do you treat all that is whom no wicked man can lie concealed. But, of a monstrous nature, when it is looked on. if he in whom the trust was reposed, with-Nor is it lawful to castrate either men, or any out any deceit of his own, lose what he was other animals.tt intrusted withal ; let him come before the Let this be the constitution of your political seven judges, and swear by God, that nothing laws, in times of peace; and God will be so hath been lost willingly, or with a wicked in- merciful as to preserve this excellent settletention; and that he hath not made use of any ment free from disturbance. And may that
And so let him depart without time never come, which may innovate any blame. But, if he hath made use of the thing, and change it for the contrary : but, least part of what was committed to him, and since it must needs happen that mankind fall it be lost, let him be condemned to repay all into troubles and dangers, either undesignthat he had received. After the same manner edly, or intentionally, let us make a few con
• Exod. xxi, 28, 29.
+ We may here note that thirty shekels, the price our Saviour was sold for by Judas to the Jews, Matt. xxiv. 15. xxvii. 3. was the old value of a bought servant, or slave, among that people.
Exod. xxi, 33, 34. .§ Exod. xxii. 7, 11,
** Deut: xxiii. 1.
to fight against them, nor to take from them were ::able, remove themselves into another
stitutions concerning them ; that so being appare a disadvantage to those that make use of prized beforehand what ought to be done, you them. Lead an army pure, and of chosen may have salutary counsels ready when you men, composed of all sueh as have extraorwant them; and may not then be obliged to dinary strength of body, and hardiness of seek what is to be done, and so be unpro- soul; but send away the timorous part, lest vided, and fall into dangerous circumstances. they flee in the time of action, and so afford May you be a laborious people, and exercise an advantage to your enemies. Do you also your souls in virtuous actions, and thereby pos- give leave to those that have lately built them
sess and inherit the land without wars : while houses, and have not yet lived in them a year's he neither any foreigners make war upon it, and time, and to those that have planted them
so afflict you, nor any internal sedition seize vineyards, and have not yet been partakers of upon it; whereby you may do things that are their fruits, to continue in their own country; contrary to your fathers, and so lose the laws as well as to those also who have betrothed which they have established. And may you or lately married wives; lest they have such continue in the observance of those laws which an affection for these things, that they be too God hath approved, and hath delivered to sparing of their lives, and, by reserving themyou. Let all sort of warlike operations, whe-selves for these enjoyments, they become voluniher they befall you now, in your own time, tary cowards.* or hereafter in the times of your posterity,
When you have pitched your camp take be done out of your own borders. But, when care that you do nothing that is cruel : and, you are about to go to war, send ambassages when you are engaged in a siege, and want and heralds to those who are your voluntary timber for making warlike engines, do not enemies : for it is a right thing to make use render the land naked by cutting down trees of words to them, before you come to your that bear fruit; but spare them, as considering weapons of war ; and assure them thereby, that they were made for the benefit of men, that although you have a numerous army, with and that, if they could speak, they would have horses, and weapons, and, above these, a God a just plea against you; because, though they merciful to you, and ready to assist you ; you are not occasions of the war, they are unjustly do, however, desire them not to compel you treated, and suffer in it; and would, if they
what they have ; which : will: indeed be our land. When you have beaten your enemies gain, but what they will have no reason to in battle, slay those that have fought against wish we should take to ourselves. And if || you, but preserve the others alive, that they they hearken to you, it will be proper for may pay you tribute ; excepting the nation of you to keep peace with them ; but, if they the Canaanites; for as to that people you must trust on their own strength, as superior to entirely destroy them. yours, and will not do you justice, lead your Take care, especially in your battles, that army against them; making use of God as no woman use the habit of a man, nor man the your supreme commander, but ordaining as a garment of a woman. lieutenant under him one that is of the great This was the form of political government est courage among you. For these different which was left us by Moses. Moreover, he commanders, besides their being an obstacle had I already delivered laws in writing, in to actions that are to be done on the sudden, the fortieth year after they came out of Egypt,
* Deut. xx. 7.....
of the world, and assigned to her a nature both male and + Deut. xxii. 5. The woman shall not wear that which female; and Boyse (Pantheon, p. 72.) says of Diana, pertaineth unto a man, neither shall a man put on a wo. Luna, or the Moon, that the Egyptians worshipped this man's garment. This prohibitory law seems directed deity both as male and female, the men sacrificing to it against an idolatrous usage, which appears to be as an as Luna, the women as Lunus, and each sex on tbese occan cient as Moses, and which later writers inform us was to sions assuming the dress of the other. Parkhurst's Heb. be found among several nations in after times; and that, Lex. p. 107. B. too, attended with the most abominable practices. From These laws seem to be those previously recited in Plutarch (De Isid. et Osir. tom. ii. p. 368. edit. Xylandr.) | this chapter. we learn that the Egyptians called the moon the mother
also the peo
concerning which we will discourse in another 1) those who should transgress those laws : they book. But now on the following days (for || answering one another alternately by way of he called them to assemble continually); he confirmation of what had been said. Moses delivered blessings to them, and curses upon also wrote their blessings and their carses those that should not live according to the that they might learn them so thoroughly, that laws, but should transgress the duties that they might never be forgotten by length of were determined for them to observe. After time. And when he was ready to die, he this, he read to them a poetic song, which wrote these blessings and curses upon the altar was composed in hexameter verse, and left on each side of it; where he
says it to theni in the holy book : it contained a ple stood, and then sacrificed, and offered prediction of what was to come to pass after- burnt offerings, though, after that day, they ward : agreeably whereto all things have hap- never offered upon it any other sacrifice, for pened all along, and do still happen to us ; || it was not lawful so to do. These are the conand wherein he has not at all deviated from stitutions of Moses, and the Hebrew nation the truth. Accordingly he delivered these still live according to them. books to the * priests, with the ark; into On the next day Moses called the people which he also put the Ten Commandments, together, with the women and children, to a written in two tables. He also delivered to congregation; so as the very slaves were prethem the tabernacle; and exhorted the peo- sent also, that they might engage themselves ple, that when they had conquered the land, to the observance of these laws by oath ; and and were settled in it, they should not forget that, duly considering the meaning of God in the injuries of the Amalekites ;t but make them, they might not, either for favor of their war against them, and inflict punishment kindred, or out of fear of any one, or indeed upon them for what inischief they did them for any motive whatsoever, think any thing when they were in the wilderness; and that, ought to be preferred to these laws, and so when they had got possession of the land might transgress them ; that, in case any one of the Canaanites, and when they had de- || of their own blood, or any city, should atstroyed the whole multitude of its inhabit-tenipt to confound or dissolve their constituia. ants, as they ought to do, they should erecttion of government, they should take vengek an altar that should face the rising sun, notance
ance upon them, both all in general, and each far from the city Schechem; between the two person in particular; and, when they had con mountains, that of Gerizim, situate on the quered them, should overturn their city to the right hand, and that called Ebal, on the left ;very foundations, and, if possible, sliould not and that the army should be divided, that six leave the least vestige of such madness, but, tribes should stand upon each of the two moun-| if they were not able to take such vengeance, tains, and with them the Levites and the they should still demonstrate that what was priests. And that, first, those that were upon | done was contrary to their wills. So the mulmount Gerizim should pray for the best bless- || titude bound themselves by oath so to do. ings upon those who were diligent about the Moses taught them also by what means their worship of God, and the observance of his sacrifices might be most acceptable to God; laws, and who did not reject what Moses had and how they should go forth to war, making said to them, while the other wished them all use of Ş the stones in the high-priest's breastmanner of happiness also. And when these
And when these plate for their direction, as I have before sig. last put up the like prayers, the former praised |nified. Joshua also phrophesied || while Mothem. After this, curses were denounced uponses was present. And when Moses had re
+ Deut. xxv.
* What laws were now delivered to the priests, see the noie on III. 1.
# Deut. xxvii, 12. s Dr. Bernard well observed here, how unfortunate this neglect of consulting the Urim was to Joshua himself, in the case of the Gibeonites; who put a trick upon him, and ensnare d him, together with ihe rest of the Jewish
rulers, with a solemn oath to preserve them ; contrary to bis commission 10 extirpate all the Canaanites : which oath yet he and the other rulers never durst break. And this. snare they were brought into because they did not ask counsel at the mouth of the Lord, Jos, ix, 14.
ll Deut. xxxiv, 9.
capitulated whatsoever he had done for the which are the most excellent gift of all those preservation of the people, both in their wars he hath already bestowed upon us ; or which, and in peace, and had composed them alif he continue favorable to us, he will bestow body of laws, and procured them an excellent upon us hereafter. Certainly, a human legisform of government, he foretold, as God had lator is a terrible enemy, when his laws are declared to bim, that if they transgressed that affronted, and are made to no purpose. And institution for the worship of God, they should may you never experience that displeasure of experience the following miseries: their land | God, which will be the consequence of the should be full of weapons of war from their neglect of those laws which he, who is
your enemies, their cities should be overthrown, Creator, hath given you." and their temple should be burnt; that they When Moses had spoken thus, at the end should be sold for slaves to such men as would of his life, and had foretold what would behave no pity on them in their afflictions; and fal* every one of their tribes afterward, with that they would repent, when that repentance the addition of a blessing to them, the multiwould no way profit them under their suffer- tude fell into tears ; insomuch that even the ings : “ Yet,” said he, “ will that God who women, by beating their breasts, evinced the founded your nation restore your cities to deep concern they had when he was about your citizens, with their temple also, and you to die. The children also lamented still more, shall lose these advantages not once only, but as not able to contaió their grief ; and thereby often."
declared that, even at their age, they were senNow when Moses had encouraged Joshua sible of his virtue, and mighty deeds; and to lead out the army against the Canaanites, truly there seemed to be a strife between the by telling him that God would assist him in young and the old, who should most grieve all his undertakings, and had blessed the whole for him. The aged grieved, because they multitude, he said : “ Since I am going to knew what a careful protector they were to my forefathers, and God has determined that be deprived of, and so lainented their future this should be the day of my departure to state : but the young grieved, not only for them, I return him thanks, while I am still that, but also because it so happened, that alive and present with you, for that provi- they were to be left by him before they had dence he hath exercised over you, which hath well tasted of his virtue. Now one may form not only delivered us from the miseries we some idea of the excess of this sorrow and lalay under, but hath bestowed a state of pros-mentation of the multitude, from what happerity among us : as also that he hath assisted | pened to the legislator himself
. For, although me in the pains I took, and in all the contri- he was always persuaded that he ought not vances I had in my care about you, in order to be cast down at the approach of death ; to better your condition ; and hath on all oc- since the undergoing it was agreeable to the casions shewed himself favorable to us. Or will of God, and the law of nature ; yet what rather he it was who first conducted our af- the people did so affected him, that he wept fairs, and brought them to a happy conclusion, himself. Now, as he went thence to the place by making use of me as a general under him, where he was 10 vanish out of their sight, and as a minister in those matters wherein he they all followed after him, weeping. But was willing to do you good. On which ac- Moses beckoned with his hand to those that counts I think it proper to bless that Divine were remote from him, and bid them stay bePower which will take care of you for the hind in quiet; while he exhorted those that time to come ; and this in order to repay that were near him, that they would not render debt which I owe him; and to leave behind his departure so lamentable. Whereupon they me a memorial that we are obliged to wor- thought it their duty to let him depart acship and honor him, and to keep those laws cording as he desired : so they restrained
* Since Josephus assures us here, as is most naturally to Israel; it is evident that Simeon was not omitted in his be supposed, and as the Septuagint gives the text, Deut. copy, as it unhappily now is both in our Hebrew and xxxiii. 6. that Moses blessed every one of the tribes of Samaritan copies. VOL. 1.-(12.)