inan were only breaking in at the wall. Let him that hath stolen cattle pay fourfold what is lost, excepting the case of an ox; for which let the thief pay fivefold. Let him that is so poor that he cannot pay what mulct is laid upon him, be his servant to whom he was adjudged to pay it. If any one be sold to one of his own nation, let him serve him six years; and on the seventh let him go free.* But if he have a son by a woman-servant, in his purchaser's house; and if, on account of his good will to his master, and his natural affection to his wife and children, he will be his servant still, let him be set free only at the coming of the year of Jubilee, which is the fiftieth year; and let him then take away with him his wife and children, and let them be free also. If any one find gold or silver in the road, let him inquire after him that lost it, and make proclamation of the place where he found it, and then restore it again; as not thinking it right to make his own profit by the loss of another. And the same rule is to be observed in cattle found to have wandered away into a lonely place.† If the owner be not presently discovered, let him that is the finder keep it with himself, and appeal to God, that he has not purloined what belongs to another. It is not lawful to pass by any beast that is in distress, when in a storm it is fallen down in the mire, but to endeavor to preserve it; as having a sympathy with it in its plan. It is also a duty to shew the roads to those who did not know them; and not to esteem it a matter of sport, when we hinder others' advantage, by setting them in a wrong way. In like manner let no one revile a person blind or dumb.§ If men strive together, and there be no in+ Exod. xxiii. 5. *Deut. xv. 12. Exod. xxiii. 5. Exod. xxi. 19. § Levit. xix. 14. Deut. xxvii. 18. ¶ Philo and others appear to have understood this law, Exod. xxi. 22, 23, better than Josephus; who seems to allow that, though the infant in the mother's womb, even after the mother were quick, and so the infant had a rational soul, were killed by the stroke upon the mother, yet, if the mother escaped, the offender should only be fined, and not put to death. While the law seems rather to mean that, if the infant in that case be killed, though the mother escape, the offender must be put to death: strument of iron, let him that is smitten be avenged immediately, by inflicting the same punishment on him that smote him. But if, when he is carried home, he lie sick many days, and then die, let him that smote him escape punishment; but if he that is smitten escape death, and yet be at great expense for his cure, the smiter shall pay for all that has been expended during the time of his sickness, and for all that he has paid the physician. He that kicks a pregnant woman, so that she miscarry, let him pay a fine of money, as the judges shall determine; as having diminished the multitude by the destruction of her offspring; and let money also be given the woman's husband by him that kicked her: but, if she die of the stroke, let him also be put to death: the law judging it equitable that life should go for life. Let no one of the Israelites keep any poison, **that may cause death, or any other harm ; but, if he be caught with it, let him be put to death, and suffer the same mischief that he would have brought upon them for whom the poison was prepared. He that maimeth any one, let him undergo the like himself, and be deprived of the same member of which he hath deprived the other,†† unless he that is maimed will accept of money instead of it. For the law makes the sufferer the judge of the value of what he has suffered, and permits him to estimate it, unless he will be more severe. Let him that is the owner of an ox which pusheth with his horn kill him; but, if he push and gore any one in the threshing-floor, let him be put to death by stoning; and let him not be thought fit for food. But, if his owner be convicted as having known what his nature was, and hath not kept him up, let him also be put to death: as being the occasion and not only when the mother is killed, as Josephus understood it. It seems this was the exposition of the Pharisees, in the days of Josephus. **What we render a witch, according to our modern notions of witchcraft: Exod. xxii. 18, Philo and Josephus understood of a poisoner, or one who attempted by secret and unlawful drugs, or philtra, to take away the senses or the lives of men. tt This permission of redeeming this penalty with money is not in our other copies. Exod. xxi, 24, 25. Levit. xxiv. 20. Deut. xix. 21. 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 him that was slain. But, if it be an ox that is thus smitten and killed, let both the oxen, that which smote the other, and that which was killed, be sold; and let the owners of them divide their price between them. we are not to defraud a poor man of his wages; as being sensible that God has allotted that wages to him instead of land and other possessions. Nay, this payment is not at all to be delayed, but to be made that very day ;[ since God is not willing to deprive the laborer of the immediate use of what he hath labored for. Let those that dig a well or a pit be careful to lay planks over them, and so keep them shut 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; 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. Let there be a bat-of bad ones. Nor indeed ought we to imtlement round the tops of your houses, instead of a wall; that may prevent any person from rolling down and perishing. pute the sin of children to their fathers: while young persons indulge themselves in many practices different from those they have been instructed in, and this by their refusal of such instruction. Let him that has received any thing in trust for another take care to keep it sacred; and 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.†† intrusted withal; let him come before the seven judges, and swear by God, that nothing hath been lost willingly, or with a wicked intention; and that he hath not made use of any part thereof. And so let him depart without blame. But, if he hath made use of the least part of what was committed to him, and it be lost, let him be condemned to repay all that he had received. After the same manneredly, 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. Let this be the constitution of your political laws, in times of peace; and God will be so merciful as to preserve this excellent settlement free from disturbance. And may that time never come, which may innovate any thing, and change it for the contrary: but, since it must needs happen that mankind fall into troubles and dangers, either undesign stitutions concerning them; that so being app are 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 such 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 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 volunther they befall you now, in your own time, tary cowards.* or hereafter in the times of your posterity, be done out of your own borders. But, when you are about to go to war, send ambassages and heralds to those who are your voluntary enemies for it is a right thing to make use of words to them, before you come to your weapons of war; and assure them thereby, that although you have a numerous army, with horses, and weapons, and, above these, a Gada just plea against you; because, though they merciful to you, and ready to assist you; you do, however, desire them not to compel you to fight against them, nor to take from them what they have; which will indeed be our gain, but what they will have no reason to wish we should take to ourselves. And if they hearken to you, it will be proper for you to keep peace with them; but, if they trust on their own strength, as superior to yours, and will not do you justice, lead your army against them; making use of God as your supreme commander, but ordaining as a lieutenant under him one that is of the greatest courage among you. For these different commanders, besides their being an obstacle to actions that are to be done on the sudden, * Deut, xx. 7. + Deut. xxii. 5. The woman shall not wear that which pertaineth unto a man, neither shall a man put on a woman's garment. This prohibitory law seems directed against an idolatrous usage, which appears to be as ancient as Moses, and which later writers inform us was to be found among several nations in after times; and that, too, attended with the most abominable practices. From Plutarch (De Isid. et Osir. tom. ii. p. 368. edit. Xylandr.) we learn that the Egyptians called the moon the mother When you have pitched your camp take care that you do nothing that is cruel and, when you are engaged in a siege, and want timber for making warlike engines, do not render the land naked by cutting down trees that bear fruit; but spare them, as considering that they were made for the benefit of men, and that, if they could speak, they would have are not occasions of the war, they are unjustly treated, and suffer in it; and would, if they were able, remove themselves into another land. When you have beaten your enemies in battle, slay those that have fought against you, but preserve the others alive, that they may pay you tribute; excepting the nation of the Canaanites; for as to that people you must entirely destroy them. Take care, especially in your battles, that no woman use the habit of a man, nor man the garment of a woman.† This was the form of political government which was left us by Moses. Moreover, he had already delivered laws in writing, in the fortieth year after they came out of Egypt, of the world, and assigned to her a nature both male and female; and Boyse (Pantheon, p. 72.) says of Diana, Luna, or the Moon, that the Egyptians worshipped this deity both as male and female, the men sacrificing to it as Luna, the women as Lunus, and each sex on these occa sions assuming the dress of the other. Parkhurst's Heb. Lex. p. 107. B. These laws seem to be those previously recited in this chapter. those who should transgress those laws: they answering one another alternately by way of confirmation of what had been said. Moses also wrote their blessings and their curses: that they might learn them so thoroughly, that they might never be forgotten by length of time. And when he was ready to die, he wrote these blessings and curses upon the altar on each side of it; where he says also the people stood, and then sacrificed, and offered burnt offerings, though, after that day, they never offered upon it any other sacrifice, for it was not lawful so to do. These are the constitutions of Moses, and the Hebrew nation still live according to them. On the next day Moses called the people together, with the women and children, to a congregation; so as the very slaves were pre concerning which we will discourse in another book. But now on the following days (for he called them to assemble continually); he delivered blessings to them, and curses upon those that should not live according to the laws, but should transgress the duties that were determined for them to observe. After this, he read to them a poetic song, which was composed in hexameter verse, and left it to them in the holy book: it contained a prediction of what was to come to pass afterward agreeably whereto all things have happened all along, and do still happen to us; and wherein he has not at all deviated from the truth. Accordingly he delivered these books to the priests, with the ark; into which he also put the Ten Commandments, written in two tables. He also delivered to them the tabernacle; and exhorted the peo-sent also, that they might engage themselves ple, that when they had conquered the land, and were settled in it, they should not forget the injuries of the Amalekites; but make war against them, and inflict punishment upon them for what mischief they did them when they were in the wilderness; and that, when they had got possession of the land of the Canaanites, and when they had destroyed the whole multitude of its inhabit-tempt to confound or dissolve their constituants, as they ought to do, they should erect tion of government, they should take vengean altar that should face the rising sun, not ance upon them, both all in general, and each far from the city Schechem; between the two person in particular; and, when they had conmountains, 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, should 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 worship of God, and the observance of his laws, and who did not reject what Moses had said to them, while the other wished them all manner of happiness also. And when these last put up the like prayers, the former praised them. After this, curses were denounced upon to the observance of these laws by oath; and that, duly considering the meaning of God in them, they might not, either for favor of their kindred, or out of fear of any one, or indeed for any motive whatsoever, think any thing ought to be preferred to these laws, and so might transgress them; that, in case any one of their own blood, or any city, should at Moses taught them also by what means their sacrifices might be most acceptable to God; and how they should go forth to war, making use of § the stones in the high-priest's breastplate for their direction, as I have before signified. Joshua also phrophesied while Moses was present. And when Moses had re rulers, with a solemn oath to preserve them; contrary to capitulated 7 capitulated whatsoever he had done for the preservation of the people, both in their wars and in peace, and had composed them a body of laws, and procured them an excellent form of government, he foretold, as God had declared to him, that if they transgressed that institution for the worship of God, they should experience the following miseries: their land should be full of weapons of war from their enemies, their cities should be overthrown, and their temple should be burnt; that they should be sold for slaves to such men as would have no pity on them in their afflictions; and that they would repent, when that repentance would no way profit them under their sufferings: "Yet," said he, "will that God who founded your nation restore your cities to your citizens, with their temple also, and you shall lose these advantages not once only, but often." which are the most excellent gift of all those he hath already bestowed upon us; or which, if he continue favorable to us, he will bestow upon us hereafter. Certainly, a human legislator is a terrible enemy, when his laws are affronted, and are made to no purpose. And may you never experience that displeasure of God, which will be the consequence of the neglect of those laws which he, who is your Creator, hath given you.' When Moses had spoken thus, at the end of his life, and had foretold what would befal* every one of their tribes afterward, with the addition of a blessing to them, the multitude fell into tears; insomuch that even the women, by beating their breasts, evinced the deep concern they had when he was about to die. The children also lamented still more, as not able to contain their grief; and thereby declared that, even at their age, they were sensible of his virtue, and mighty deeds; and truly there seemed to be a strife between the young and the old, who should most grieve for him. The aged grieved, because they knew what a careful protector they were to be deprived of, and so lamented their future state but the young grieved, not only for that, but also because it so happened, that Now when Moses had encouraged Joshua to lead out the army against the Canaanites, by telling him that God would assist him in all his undertakings, and had blessed the whole multitude, he said: "Since I am going to my forefathers, and God has determined that this should be the day of my departure to them, I return him thanks, while I am still 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 not only delivered us from the miseries we lay under, but hath bestowed a state of prosperity among us as also that he hath assisted me in the pains I took, and in all the contrivances I had in my care about you, in order to better your condition; and hath on all occasions shewed himself favorable to us. Or rather he it was who first conducted our affairs, and brought them to a happy conclusion, by making use of me as a general under him, and as a minister in those matters wherein he was willing to do you good. On which accounts I think it proper to bless that Divine Power which will take care of you for the time to come; and this in order to repay that debt which I owe him; and to leave behind me a memorial that we are obliged to worship and honor him, and to keep those laws * Since Josephus assures us here, as is most naturally to be supposed, and as the Septuagint gives the text, Deut. xxxiii. 6. that Moses blessed every one of the tribes of well tasted of his virtue. Now one may form some idea of the excess of this sorrow and lamentation of the multitude, from what happened to the legislator himself. For, although he was always persuaded that he ought not to be cast down at the approach of death; since the undergoing it was agreeable to the will of God, and the law of nature; yet what the people did so affected him, that he wept himself. Now, as he went thence to the place where he was to vanish out of their sight, they all followed after him, weeping. But Moses beckoned with his hand to those that were remote from him, and bid them stay behind in quiet; while he exhorted those that were near him, that they would not render his departure so lamentable. Whereupon they thought it their duty to let him depart according as he desired: so they restrained Israel; it is evident that Simeon was not omitted in his copy, as it unhappily now is both in our Hebrew and Samaritan copies. |