099: The Special Laws, IV (Part 3)

THE SPECIAL LAWS, IV - Part 3^*

*Yonge’s title, A Treatise on Those Special Laws Which Are Contained Under and Have Reference to the Eighth and Ninth, and Tenth Commandments.

CONCERNING CARCASSES AND BODIES WHICH HAVE BEEN TORN BY WILD BEASTS

XXIII. (119) Moreover, Moses Commands ⁽²⁵⁾ [Lev 5:2] that no man shall take of any dead carcass, or of any body which has been torn by wild beasts; partly because it is not fitting that man should share a feast with untameable beasts, so as to become almost a fellow reveller in their carnivorous festivals; and partly because perhaps it is injurious and likely to cause disease if the juice of the dead body becomes mingled with the blood, and perhaps, also, because it is proper to preserve that which has been pre-occupied and seized beforehand by death untouched, having a respect to the necessities of nature by which it has been seized. (120) Now many of the lawgivers both among the Greeks and barbarians, praise those who are skilful in hunting, and who seldom fail in their pursuit or miss their aim, and who pride themselves on their successful hunts, especially when they divide the limbs of the animals which they have caught with the huntsmen and the hounds, as being not only brave hunters but men of very sociable dispositions. But any one who was a sound interpreter of the sacred constitution and code of laws would very naturally blame them, since the lawgiver of that code has expressly forbidden any enjoyment of carcasses or of bodies torn by beasts for the reasons before mentioned. (121) But if any one of those persons who devote themselves wholly to meditations on and to the practice of virtue were suddenly to become fond of gymnastic exercises and of hunting, looking upon hunting as a sort of prelude to and representation of the wars and dangers that have to be encountered against the enemy, then, whenever such a man is successful in his sport, he ought to give the beasts which he has slain to his dogs as a feast for them, and as a reward or wages for their successful boldness and their irreproachable alliance. But he ought not himself to touch them, inasmuch as he has been previously taught in the case of irrational animals, what sentiments he ought to entertain, respecting his enemies. For he ought to carry on war against them, not for the sake of unrighteous gain like those who make a dishonest traffic of all their actions, but either in revenge for some calamities which he has previously suffered at their hands, or with a view toward some which he expects to suffer. (122) But some men, with open mouths, carry even the excessive luxury and boundless intemperance of Sardanapalus to such an indefinite and unlimited extent, being wholly absorbed in the invention of senseless pleasures, that they prepare sacrifices which ought never be offered, strangling their victims, and stifling the essence of life, ⁽²⁶⁾ [Lev 17:11] which they ought to let depart free and unrestrained, burying the blood, as it were, in the body. For it ought to have been sufficient for them to enjoy the flesh by itself, without touching any of those parts which have an connection with the soul or life. (123) On which account Moses, in another passage, establishes a law concerning blood, that one may not eat the blood nor the Fat. ⁽²⁷⁾ [Lev 3:17] The blood, for the reason which I have already mentioned, that it is the essence of the life; not of the mental and rational life, but of that which exists in accordance with the outward senses, to which it is owing that both we and irrational animals also have a common existence.

CONCERNING THE SOUL OR LIFE OF MAN

XXIV. For the essence of the soul of man is the breath of God, especially if we follow the account of Moses, who, in his history of the creation of the world, says that God breathed into the first man, the founder of our race, the breath of life; breathing it into the principal part of his body, namely the face, where the outward senses are established, the body-guards of the mind, as if it were the great king. And that which was thus breathed into his face was manifestly the breath of the air, or whatever else there may be which is even more excellent than the breath of the air, as being a ray emitted from the blessed and thricehappy nature of God. (124) But Moses commanded men to abstain from eating fat, because it is gross. And again, he gave us this injunction, in order to inculcate temperance and a zeal for an austere life: for some things we easily abandon, and without any hesitation; though we do not willingly encounter any anxieties or labours for the sake of the acquisition of virtue. (125) For which reason these two parts are to be taken out of every victim and burnt with fire, as a kind of first fruits, namely, the fat and the blood; the one being poured upon the altar as a libation; and the other as a fuel to the flame, being applied instead of oil, by reason of its fatness, to the consecrated and holy flame. (126) The lawgiver blames some persons of his time as gluttons, and as believing that the mere indulgence of luxury is the happiest of all possible conditions, not being content to live in this manner only in cities in which there were abundant supplies and stores of all kinds of necessary things, but carrying their effeminacy even into pathless and untrodden deserts, and choosing in them also to have markets for fish and meat, and all things which can contribute to an easy life: (127) then, when a scarcity arose, they assembled together and raised an outcry, and looked miserable, and with shameless audacity impeached their ruler, and did not desist from creating disturbances till they obtained what they desired; and they obtained it to their destruction, for two reasons: first of all, that it might be shown that all things are possible to God, who can find a way in the most difficult and apparently hopeless circumstances; and secondly, that punishment might fall on those who were intemperate in their gluttonous appetites, and obstinate resisters of holiness. (128) For a vast cloud being Raised ⁽²⁸⁾ [Exo 16:13] out of the sea showered down quails about the time of sunrise, and the camp and all the district around it for a day’s journey for a well-girt active man was overshadowed all about with the Birds. ⁽²⁹⁾ [Num 11:31] And the height of the flight of the birds was distant from the ground a height of about two cubits, in order that they might be easily caught. (129) It would have been natural therefore for them, being amazed at the marvellous nature of the prodigy which they beheld, to be satisfied with the sight, and being filled with piety to nourish their souls on that, and to abstain from eating flesh; but these men, on the contrary, stirred up their desires even more than before, and pursued these birds as the greatest good imaginable, and catching hold of them with both their hands filled their bosoms; then, having stored them up in their tents, they sallied forth to catch others, for immoderate covetousness has no limit. And when they had collected every description of food they devoured it insatiably, being about, vain-minded generation that they were, to perish by their own fulness; (130) and indeed at no distant time they did perish by the purging of their bile, ⁽³⁰⁾ [Num 11:20] so that the place itself derived its name from the calamity which fell upon them, for it was called the graves of their lust, ⁽³¹⁾ [See [Num 11:34]: "And he called the name of that place Kibroth-hattaavah, because there they buried the people that lusted."] than which there is not in the soul, as the scripture teaches, us, any greater evil. (131) For which reason Moses says with great beauty in his recommendations, "Let not every man do that which seemeth good to his own Eyes," ⁽³²⁾ [Deu 11:8] which is equivalent to saying, let not any one gratify his own desire, but let each person seek to please God, and the world, and nature, and wise men, repudiating self-love, if he would become a good and virtuous man.

XXV. (132) This may be sufficient to say, being in fact all that I am able to advance, about the laws which bear on appetite and desire by way of filling up the whole body of the ten commandments, and of the subordinate injunctions contained in them; for if we are to look upon the brief heads which were oracularly delivered by the voice of God, as the generic laws, and all the particular ordinances which Moses subsequently interpreted and added as the special laws; then there is need of great care and skill in order to preserve the arrangement unconfused in order to an accurate comprehension of it, and I therefore have taken great care, and have assigned and apportioned to each of these generic laws of the whole code all that properly belonged to it. (133) But enough of this. We must however not remain ignorant that as separately there are some particular injunctions related to each one of the ten generic commandments, which have nothing in common with any one of the others; so also there are some things to be observed which are common to the whole, being adapted not to one or two, as people say, but to the whole ten commandments. (134) And I mean by this those virtues which are of common utility, for each one of these ten laws separately, and all of them together, train men and encourage them to prudence, and justice, and piety, towards God and all the rest of the company of virtues, connecting sound words with good intentions, and virtuous actions with wise language, that so the organ of the soul may be wholly and entirely held together in a good and harmonious manner so as to produce a well-regulated and faultless innocence and consistency of life. (135) We have spoken before of that queen of all the virtues, piety and holiness, and also of prudence and moderation; we must now proceed to speak of justice which is conversant about subjects which are akin and nearly related to Them. ⁽³³⁾ [Yonge’s translation includes a separate treatise title at this point: On Justice. The publisher has elected to follow the Loeb numbering]

XXVI. (136) One portion of justice, and that not an unimportant one, relates to courts of justice and to the judge, which indeed I have mentioned before, when I was going through the subject of testimony, and dwelling on it at some length, in order that nothing which belonged to the subject should be omitted; and as I am not fond of repetitions, unless indeed some necessity arising from the imperious character of the occasion compels me to it, I will pass that part of the subject over now, and will turn my attention to the other portions, having just said thus much as a preface. (137) The law says, it is proper to lay up justice in one’s heart, and to fasten it as a sign upon one’s head, and as frontlets before one’s eyes, figuratively intimating by the former expression that one ought to commit the precepts of justice, not to one’s ears, which are not trustworthy, for there is no credit due to the ears, but to that most important and dominant part, stamping and impressing them on the most excellent of all offerings, a well approved seal; (138) and by the second expression, that it is necessary not only to form proper conceptions of what is right, but also to do what one has decided upon as proper without delay. For the hand is the symbol of actions, to which Moses here commands the people to attach and fasten justice, saying, that it shall be a sign, of what indeed he has not expressly stated, because it is not a sign as I conceive of one particular thing, but of many, and, I may almost say, of everything with which the life of man is concerned. (139) And by the third expression, he implies that justice is discerned everywhere as being close to the eyes. Moreover he says that, these things must have a certain motion; not one that shall be light and unsteady, but such as by its agitation may rouse the sight to the spectacle manifest before it; for motion is calculated to attract the sight, inasmuch as it excites and rouses it; of, I might rather say, inasmuch as it renders the eyes awake and sleepless. (140) But the man to whom it happens to represent to the eyes of his mind things which are not quiet but which are in motion, and exerting energies in accordance with nature, is entitled to be set down as a perfect man, and no longer to be reckoned among learners and pupils, but among teachers and instructors; and he ought to allow all the young men who are desirous to do so, to drink of his wisdom as of an abundant stream flowing from a living fountain of lessons and Doctrines. ⁽³⁴⁾ [Deu 6:7] And if there is any one who, out of modesty, is wanting of courage, and therefore delays, and is slow to approach him for the purpose of learning, let him go to him of his own accord, and pour into his ears a collection of admonitions, until the channels of his soul are filled with them. (141) And let him instruct in the principles of justice all his relatives and friends, and all young men, at home and on the road, and when they are going to bed, and when they rise up; that in all their positions, and in all their motions, and in all places whether private or public, not only waking, but also while asleep, they may be delighted with the image and conception of justice. For there is no delight more exquisite than that which proceeds from the whole soul being entirely filled with justice, while devoted to the study of its everlasting doctrines and meditations, so that it has no vacant place at which injustice can effect an entrance. (142) Moreover, he ordains that those who have written out these things should afterwards affix them to every house belonging to a friend, and to the gates which are in their walls; that all people, whether coming in or going out, whether citizens or strangers, reading the writing thus fixed on pillars before the gates, may have an unceasing recollection of all that ought to be said or that ought to be done; and that every one may take care neither to do nor to suffer injury; and that all persons, whether going into their houses or going out of them, men and women, children and servants, may do all that is proper and becoming to one another and to themselves. THAT IT IS NOT LAWFUL TO ADD ANYTHING TO OR TO TAKE ANYTHING FROM THE LAW

XXVII. (143) The lawgiver also gives this most admirable injunction, that one must not add anything to, or take anything away from the law, but that it is a duty to keep all the ordinances as originally established in an equal and similar state to that in which they were at first delivered without alteration; for, as it seems, there might otherwise be an addition of what is injust; for there is nothing which has been omitted by the wise lawgiver which can enable a man to partake of entire and perfect justice. (144) Moreover, by this command Moses intimates the perfection of all other virtue; for each separate virtue is free from all deficiency, and is complete, deriving its perfection from itself; so that if there were any addition thereto, or anything taken away therefrom, it would be utterly and entirely changed and altered, so as to assume a contrary character. (145) What I meant to say is this, all who are profoundly ignorant and uninstructed, all who have the very slightest smattering of education, know that courage is a virtue which is conversant about terrible objects; is a science teaching one what he ought to endure and dare. (146) But if any one, under the influence of that ignorance which proceeds from insolence, should be so superfluous as to fancy himself capable of correcting that which requires no correction, and should consequently venture to add anything or take away anything, he, by so doing, is altering the whole appearance of the thing, changing that which had a good character into unseemliness; for by any addition to courage he will produce audacity, but if he takes anything away from it he will produce cowardice, not leaving even the name of courage, that most useful of all virtues to life. (147) In the same manner, if any one makes an addition, be it ever so small, or ever so great, to that queen of the virtues, piety, or if he takes anything away from it, he will change and metamorphose its whole appearance, and make it something quite different; for any addition will engender superstition, and any diminution will produce impiety, real piety itself wholly disappearing under the operation, which every one should pray for, that it may be continually conspicuous and brilliant, since it is the cause of the greatest of all blessings, inasmuch as it produces a knowledge of the service of God, which one ought to look upon as more important and more precious than any dominion or authority. (148) And we may give instances of every other virtue resembling what we have said about these just mentioned; but since I am in the habit of avoiding prolixity, I will be satisfied with what has been stated, which may be a sufficient guide to what might be said respecting these virtues which we omit to mention.

ABOUT NOT MOVING LANDMARKS

XXVIII. (149) There is also this commandment ordained which is of great common utility, that, "Thou shalt not move thy neighbours’ landmarks which the former men have set Up." ⁽³⁵⁾ [Deu 19:14] And this injunction is given, as it seems, not only with respect to inheritances, and to the boundaries of the land, in order to prohibit covetousness respecting them, but also as a guard to ancient customs; for customs are unwritten laws, being the doctrines of men of old, not engraved on pillars or written on paper which may be eaten by moths, but impressed in the souls of those living under the same constitution. (150) For the children ought to inherit from the father of their being the national customs in which they have been brought up, and in which they have lived from their cradle, and not to despise them merely because they are handed down without being written. For the man who obeys the written laws is not justly entitled to any praise, inasmuch as he is influenced by compulsion and the fear of punishment. But he who abides by the unwritten laws is worthy of praise, as exhibiting a spontaneous and unconstrained Virtue. ⁽³⁶⁾ [Yonge’s translation includes a separate treatise title at this point: On the Creation of Magistrates. Accordingly, his next paragraph begins with roman numeral I (= XXIX in the Loeb). Yonge’s "treatise" concludes with number XIV (= XLII in the Loeb). The publisher has elected to follow the Loeb numbering]

XXIX. (151) Some persons have contended that all magistracies ought to have the officers appointed to them by lot; which however is a mode of proceeding not advantageous for the multitude, for the casting of lots shows good fortune, but not virtue; at all events many unworthy persons have often obtained office by such means, men whom, if a good man had the supreme authority, he would not permit to be reckoned even among his subjects: (152) for even those who are called lesser rulers by some persons, those whom men entitled masters, do not admit every one whom they can possibly find to be their servants, whether born in the house or bought with money; but they will only take those who are obedient, and at times they sell all those of incurably bad dispositions in a lot, as not being worthy to be the slaves of good men. (153) Therefore it is not right to make men masters and rulers of entire cities and nations, who obtain those places by lot, which is a sort of blunder on the part of fortune, which is an unstable and fickle thing. Beyond all question, casting of lots can have no connection with ability to attend upon the sick; for physicians do not obtain their employments by lot, but because their experience is approved of; (154) again, with reference to the successful voyage and safety of men at sea, it is not any man who may obtain the office of pilot by lot, who is sent at once to the stern to steer the vessel, and who then by his ignorance may cause a needless wreck in calm and tranquil weather, but that person has that charge given to him who, from his earliest youth, appears to have learnt and carefully studied the business of a pilot; this is a man who has made many voyages, and who has traversed every sea, or at all events most seas, and who has carefully ascertained the character of all the marts, and harbours, and anchorages, and places of refuge in the different islands and continents, and who is still better, or at all events not worse acquainted with the tracks over the sea, than he is with the roads on land, through his accurate observation of the heavenly bodies; (155) for having remarked the various motions of the stars, and having followed and being guided by their regular revolutions, he has learnt to be able to make out for himself an unerring and easy path through the pathless waste of waters, so that (what seems the most incredible of all things), beings whose nature it is to live on the land are able to traverse the sea which can only be crossed by sailing. (156) And if any one should be about to undertake the government or regulation of large and populous cities, full of inhabitants, and should attempt to settle the constitution of such, and should undertake the superintendence of private, and public, and sacred affairs, a task which any one may rightly call the art of arts, and the science of sciences, he would not trust to the uncertain chances of time, passing over the accurate and trustworthy test of truth; and the test of truth is proof combined with reason.

XXX. (157) The all-wise Moses seeing this by the power of his own soul, makes no mention of any authority being assigned by lot, but he has chosen to direct that all offices shall be elected to; therefore he says, "Thou shalt not appoint a stranger to be a ruler over thee, but one of thine own Brethren," ⁽³⁷⁾ [Deu 17:15] implying that the appointment is to be a voluntary choice, and an irreproachable selection of a ruler, whom the whole multitude with one accord shall choose; and God himself will add his vote on favour of, and set his seal to ratify such an election, that being who is the confirmer of all advantageous things, looking upon the man so chosen as the flower of his race, just as the sight is the best thing in the body.

XXXI. (158) And Moses gives also two reasons, on account of which it is not proper for strangers to be elected to situations of authority; in the first place, that they may not amass a quantity of silver, and gold, and flocks, and raise great and iniquitously earned riches for themselves, out of the poverty of those who are subjected to them; and secondly, that they may not make the nation quit their ancient abodes to gratify their own covetous desires, and so compel them to emigrate, and to wander about to and fro in interminable wanderings, suggesting to them hopes of the acquisition of greater blessings, which shall never be fulfilled, by which they come to lose those advantages of which they were in the secure enjoyment. (159) For our lawgiver was aware beforehand, as was natural that one who was a countryman and a relation, and who had also an especial share in the sublimest relationship of all, (and that sublimest of relationships is one constitution and the same law, and one God whose chosen nation is a peculiar people); so that he would never offend in any manner similar to those which I have been mentioning, but, on the other hand, instead of causing the inhabitants to quit their abodes, he would be likely even to afford a safe return to such of his countrymen as were dispersed in a foreign land; and instead of taking away the property of others, he would even give his own property to those who were in need of it, making his own wealth common.

XXXII. (160) And from the first day on which any one enters upon his office, he orders that he shall write out a copy of the book of the Law ⁽³⁸⁾ [Deu 17:18] with his own hand, which shall supply him with a summary and concise image of all the laws, because he wishes that all the ordinances which are laid down in it shall be firmly fixed in his soul; for while a man is reading the notions of what he is reading fleet away, being carried off by the rapidity of his utterance; but if he is writing they are stamped upon his heart at leisure, and they take up their abode in the heart of each individual as his mind dwells upon each particular, and settles itself to the contemplation of it, and does not depart to any other object, till it has taken a firm hold of that which was previously submitted to it. (161) When therefore he is writing, let him take care, every day, to read and study what he has written, both in order that he may thus attain to a continual and unchangeable recollection of these commands which are virtuous and expedient for all men to observe, and also that a firm love of and desire for them may be implanted in him, by reason of his soul being continually taught and accustomed to apply itself to the study and observance of the sacred laws. For familiarity, which has been engendered by long acquaintance, engenders a sincere and pure friendship, not only towards men, but even also towards such branches of learning as are worthy to be loved; (162) and this will take place if the ruler studies not the writings and memorials of some one else but those which he himself has written out; for his own works are, in a certain degree, more easily to be understood by each individual, and they are also more easily to be comprehended; (163) and besides that a man, while he is reading them, will have such considerations in his mind as these: "I wrote all this; I who am a ruler of such great power, without employing any one else as my scribe, though I had innumerable servants. Did I do all this, in order to fill up a volume, like those who copy out books for hire, or like men who practise their eyes and their hands, training the one to acuteness of sight, and the others to rapidity of writing? Why should I have done this? That was not the case; I did it in order that after I had recorded these things in a book, I might at once proceed to impress them on my heart, and that I might stamp upon my intellect their divine and indelible characters: (164) other kings bear sceptres in their hands, and sit upon thrones in royal state, but my sceptre shall be the book of the copy of the law; that shall be my boast and my incontestible glory, the signal of my irreproachable sovereignty, created after the image and model of the archetypal royal power of God. (165) "And by always relying upon and supporting myself in the scared laws, I shall acquire the most excellent things. In the first place equality, than which it is not possible to discern any greater blessing, for insolence and excessive haughtiness are the signs of a narrow-minded soul, which does not foresee the future. (166) "Equality, therefore, will win me good will from all who are subject to my power, and safety inasmuch as they will bestow on me a just requital for by kindness; but inequality will bring upon me terrible dangers, and these I shall escape by hating inequality, the purveyor of darkness and wars; and my life will be in no danger of being plotted against, because I honour equality, which has no connection with seditions, but which is the parent of light and stability. (167) Moreover, I shall gain another advantage, namely, that I shall not sway this way and that way, like the dishes in a scale, in consequence of perverting and distorting the commandments laid down for my guidance. But I shall endeavour to keep them, going through the middle of the plain road, keeping my own steps straight and upright, in order that I may attain to a life free from error or misfortune." (168) And Moses was accustomed to call the middle road the royal one, inasmuch as it lay between excess and deficiency; and besides, more especially, because in the number three the centre occupies the most important place, uniting the extremities on either side by an indissoluble chain, it being attended by these extremities as its bodyguards as though it were a king. (169) Moreover, Moses says that a longenduring sovereignty is the reward of a lawful magistrate or ruler who honours equality, and who without any corruption gives just decisions in a just manner, always studying to observe the laws; not for the sake of granting him a life extending over many years, combined with the administration of the commonwealth, but in order to teach those who do not understand that a governor who rules in accordance with the laws, even though he die, does nevertheless live a long life by means of his actions which he leaves behind him as immortal, the indestructible monuments of his piety and virtue.

XXXIII. (170) And it becomes a man who has been thought worthy of the supreme and greatest authority to appoint successors who may govern with him and judge with him, and, in concert with him, may ordain everything which is for the common advantage; for one person would not be sufficient, even if he were ever so willing, and if he were the most powerful man in the world, both in body and soul, to support the weight and number of affairs which would come upon him, as he would faint under the pressure and rapidity of all kinds of business coming in upon him continually every day from all quarters, unless he had a number of persons selected with reference to their excellence who might co-operate with him by their prudence, and power, and justice, and godly piety, men who not only avoid arrogance, but even detest it as an enemy and as the very greatest of evils. (171) For these men would stand by, and assist, and co-operate with a virtuous and holy man, one who hated evils equally with themselves, and would be the most suitable persons to lighten and relieve his labours. And, besides, since of the matters which would force themselves upon his attention, some are of greater importance and others of less, the chief will very reasonably commit those which are more unimportant to his lieutenants, while he himself would of necessity become the most accurate judge of the weightier matters. (172) But the affairs which we ought to look upon as the most weighty are not, as some persons think, those in which persons of reputation are at variance with other persons of reputation, or rich men with rich men, or princes with princes; for, on the contrary, are rather where there are powerful men on one side, and private individuals, men of no wealth, or dignity, or reputation, on the other, men whose sole hope of escaping intolerable evils lies in the judge himself. (173) And we can find clear instances of both kinds in the sacred laws, which it is well for us to imitate; for there was once a time in which Moses, alone by himself, decided all causes and all matters of legal controversy, labouring from morning till night. But after a time his father-inlaw came to him, and seeing with what a weight of business he was overwhelmed, as all those who had any disputes were everlastingly coming upon him, he gave him most excellent advice, counselling him to choose subordinate magistrates, that they might decide the less important affairs, and that he might have only the more serious causes to occupy him, and by this means provide himself with time for Rest. ⁽³⁹⁾ [Exo 18:14] (174) And Moses, being convinced by the arguments of Jethro (for, indeed, they were for his good), having chosen the men of the highest reputation in the whole nation, he appointed them his lieutenants and judges, bidding them refer the more important cases to him. (175) And the history of the sacred laws contains this arrangement duly recorded, for the instruction of the rulers in all succeeding generations, that, in the first place, they may not despise the assistance of fellow counsellors, as if they were able to themselves to superintend everything, since that all-wise and godly man, Moses, did not reject them; and, secondly, that they may learn to choose subordinates of the second class and of the third class, so as to provide for themselves not being driven to neglect matters of greater importance, through being wholly occupied by affairs of a more trifling nature; for it is impossible for human nature to attend to everything at once.