15. But now, since Apollonius Molo, and Lysimachus, and
some others, write treatises about our lawgiver Moses, and about
our laws, which are neither just nor true, and this partly out
of ignorance, but chiefly out of ill-will to us, while they
calumniate Moses as an impostor and deceiver, and pretend that
our laws teach us wickedness, but nothing that is virtuous, I
have a mind to discourse briefly, according to my ability, about
our whole constitution of government, and about the particular
branches of it. For I suppose it will thence become evident,
that the laws we have given us are disposed after the best
manner for the advancement of piety, for mutual communion with
one another, for a general love of mankind, as also for justice,
and for sustaining labors with fortitude, and for a contempt of
death. And I beg of those that shall peruse this writing of
mine, to read it without partiality; for it is not my purpose to
write an encomium upon ourselves, but I shall esteem this as a
most just apology for us, and taken from those our laws,
according to which we lead our lives, against the many and the
lying objections that have been made against us. Moreover, since
this Apollonius does not do like Apion, and lay a continued
accusation against us, but does it only by starts, and up and
clown his discourse, while he sometimes reproaches us as
atheists, and man-haters, and sometimes hits us in the teeth
with our want of courage, and yet sometimes, on the contrary,
accuses us of too great boldness and madness in our conduct;
nay, he says that we are the weakest of all the barbarians, and
that this is the reason why we are the only people who have made
no improvements in human life; now I think I shall have then
sufficiently disproved all these his allegations, when it shall
appear that our laws enjoin the very reverse of what he says,
and that we very carefully observe those laws ourselves. And if
I he compelled to make mention of the laws of other nations,
that are contrary to ours, those ought deservedly to thank
themselves for it, who have pretended to depreciate our laws in
comparison of their own; nor will there, I think, be any room
after that for them to pretend either that we have no such laws
ourselves, an epitome of which I will present to the reader, or
that we do not, above all men, continue in the observation of
them.
16. To begin then a good way
backward, I would advance this, in the first place, that those
who have been admirers of good order, and of living under common
laws, and who began to introduce them, may well have this
testimony that they are better than other men, both for
moderation and such virtue as is agreeable to nature. Indeed
their endeavor was to have every thing they ordained believed to
be very ancient, that they might not be thought to imitate
others, but might appear to have delivered a regular way of
living to others after them. Since then this is the case, the
excellency of a legislator is seen in providing for the people’s
living after the best manner, and in prevailing with those that
are to use the laws he ordains for them, to have a good opinion
of them, and in obliging the multitude to persevere in them, and
to make no changes in them, neither in prosperity nor adversity.
Now I venture to say, that our legislator is the most ancient of
all the legislators whom we have ally where heard of; for as for
the Lycurguses, and Solons, and Zaleucus Locrensis, and all
those legislators who are so admired by the Greeks, they seem to
be of yesterday, if compared with our legislator, insomuch as
the very name of a law was not so much as known in old times
among the Grecians. Homer is a witness to the truth of this
observation, who never uses that term in all his poems; for
indeed there was then no such thing among them, but the
multitude was governed by wise maxims, and by the injunctions of
their king. It was also a long time that they continued in the
use of these unwritten customs, although they were always
changing them upon several occasions. But for our legislator,
who was of so much greater antiquity than the rest, (as even
those that speak against us upon all occasions do always
confess,) he exhibited himself to the people as their best
governor and counselor, and included in his legislation the
entire conduct of their lives, and prevailed with them to
receive it, and brought it so to pass, that those that were made
acquainted with his laws did most carefully observe them.
17. But let us consider his
first and greatest work; for when it was resolved on by our
forefathers to leave Egypt, and return to their own country,
this Moses took the many tell thousands that were of the people,
and saved them out of many desperate distresses, and brought
them home in safety. And certainly it was here necessary to
travel over a country without water, and full of sand, to
overcome their enemies, and, during these battles, to preserve
their children, and their wives, and their prey; on all which
occasions he became an excellent general of an army, and a most
prudent counselor, and one that took the truest care of them
all; he also so brought it about, that the whole multitude
depended upon him. And while he had them always obedient to what
he enjoined, he made no manner of use of his authority for his
own private advantage, which is the usual time when governors
gain great powers to themselves, and pave the way for tyranny,
and accustom the multitude to live very dissolutely; whereas,
when our legislator was in so great authority, he, on the
contrary, thought he ought to have regard to piety, and to show
his great good-will to the people; and by this means he thought
he might show the great degree of virtue that was in him, and
might procure the most lasting security to those who had made
him their governor. When he had therefore come to such a good
resolution, and had performed such wonderful exploits, we had
just reason to look upon ourselves as having him for a divine
governor and counselor. And when he had first persuaded himself
(17) that his actions and designs were agreeable to God’s will,
he thought it his duty to impress, above all things, that notion
upon the multitude; for those who have once believed that God is
the inspector of their lives, will not permit themselves in any
sin. And this is the character of our legislator: he was no
impostor, no deceiver, as his revilers say, though unjustly, but
such a one as they brag Minos (18) to have been among the
Greeks, and other legislators after him; for some of them
suppose that they had their laws from Jupiter, while Minos said
that the revelation of his laws was to be referred to Apollo,
and his oracle at Delphi, whether they really thought they were
so derived, or supposed, however, that they could persuade the
people easily that so it was. But which of these it was who made
the best laws, and which had the greatest reason to believe that
God was their author, it will be easy, upon comparing those laws
themselves together, to determine; for it is time that we come
to that point. (19) Now there are innumerable differences in the
particular customs and laws that are among all mankind, which a
man may briefly reduce under the following heads: Some
legislators have permitted their governments to be under
monarchies, others put them under oligarchies, and others under
a republican form; but our legislator had no regard to any of
these forms, but he ordained our government to be what, by a
strained expression, may be termed a Theocracy, (20) by
ascribing the authority and the power to God, and by persuading
all the people to have a regard to him, as the author of all the
good things that were enjoyed either in common by all mankind,
or by each one in particular, and of all that they themselves
obtained by praying to him in their greatest difficulties. He
informed them that it was impossible to escape God’s
observation, even in any of our outward actions, or in any of
our inward thoughts. Moreover, he represented God as unbegotten,
(21) and immutable, through all eternity, superior to all mortal
conceptions in pulchritude; and, though known to us by his
power, yet unknown to us as to his essence. I do not now explain
how these notions of God are the sentiments of the wisest among
the Grecians, and how they were taught them upon the principles
that he afforded them. However, they testify, with great
assurance, that these notions are just, and agreeable to the
nature of God, and to his majesty; for Pythagoras, and
Anaxagoras, and Plato, and the Stoic philosophers that succeeded
them, and almost all the rest, are of the same sentiments, and
had the same notions of the nature of God; yet durst not these
men disclose those true notions to more than a few, because the
body of the people were prejudiced with other opinions
beforehand. But our legislator, who made his actions agree to
his laws, did not only prevail with those that were his
contemporaries to agree with these his notions, but so firmly
imprinted this faith in God upon all their posterity, that it
never could be removed. The reason why the constitution of this
legislation was ever better directed to the utility of all than
other legislations were, is this, that Moses did not make
religion a part of virtue, but he saw and he ordained other
virtues to be parts of religion; I mean justice, and fortitude,
and temperance, and a universal agreement of the members of the
community with one another; for all our actions and studies, and
all our words, [in Moses’s settlement,] have a reference to
piety towards God; for he hath left none of these in suspense,
or undetermined. For there are two ways of coining at any sort
of learning and a moral conduct of life; the one is by
instruction in words, the other by practical exercises. Now
other lawgivers have separated these two ways in their opinions,
and choosing one of those ways of instruction, or that which
best pleased every one of them, neglected the other. Thus did
the Lacedemonians and the Cretians teach by practical exercises,
but not by words; while the Athenians, and almost all the other
Grecians, made laws about what was to be done, or left undone,
but had no regard to the exercising them thereto in practice.
18. But for our legislator,
he very carefully joined these two methods of instruction
together; for he neither left these practical exercises to go on
without verbal instruction, nor did he permit the hearing of the
law to proceed without the exercises for practice; but beginning
immediately from the earliest infancy, and the appointment of
every one’s diet, he left nothing of the very smallest
consequence to be done at the pleasure and disposal of the
person himself. Accordingly, he made a fixed rule of law what
sorts of food they should abstain from, and what sorts they
should make use of; as also, what communion they should have
with others what great diligence they should use in their
occupations, and what times of rest should be interposed, that,
by living under that law as under a father and a master, we
might be guilty of no sin, neither voluntary nor out of
ignorance; for he did not suffer the guilt of ignorance to go on
without punishment, but demonstrated the law to be the best and
the most necessary instruction of all others, permitting the
people to leave off their other employments, and to assemble
together for the hearing of the law, and learning it exactly,
and this not once or twice, or oftener, but every week; which
thing all the other legislators seem to have neglected.
19. And indeed the greatest
part of mankind are so far from living according to their own
laws, that they hardly know them; but when they have sinned,
they learn from others that they have transgressed the law.
Those also who are in the highest and principal posts of the
government, confess they are not acquainted with those laws, and
are obliged to take such persons for their assessors in public
administrations as profess to have skill in those laws; but for
our people, if any body do but ask any one of them about our
laws, he will more readily tell them all than he will tell his
own name, and this in consequence of our having learned them
immediately as soon as ever we became sensible of any thing, and
of our having them as it were engraven on our souls. Our
transgressors of them are but few, and it is impossible, when
any do offend, to escape punishment.
20. And this very thing it is
that principally creates such a wonderful agreement of minds
amongst us all; for this entire agreement of ours in all our
notions concerning God, and our having no difference in our
course of life and manners, procures among us the most excellent
concord of these our manners that is any where among mankind;
for no other people but the Jews have avoided all discourses
about God that any way contradict one another, which yet are
frequent among other nations; and this is true not only among
ordinary persons, according as every one is affected, but some
of the philosophers have been insolent enough to indulge such
contradictions, while some of them have undertaken to use such
words as entirely take away the nature of God, as others of them
have taken away his providence over mankind. Nor can any one
perceive amongst us any difference in the conduct of our lives,
but all our works are common to us all. We have one sort of
discourse concerning God, which is conformable to our law, and
affirms that he sees all things; as also we have but one way of
speaking concerning the conduct of our lives, that all other
things ought to have piety for their end; and this any body may
hear from our women, and servants themselves.
21. And, indeed, hence hath
arisen that accusation which some make against us, that we have
not produced men that have been the inventors of new operations,
or of new ways of speaking; for others think it a fine thing to
persevere in nothing that has been delivered down from their
forefathers, and these testify it to be an instance of the
sharpest wisdom when these men venture to transgress those
traditions; whereas we, on the contrary, suppose it to be our
only wisdom and virtue to admit no actions nor supposals that
are contrary to our original laws; which procedure of ours is a
just and sure sign that our law is admirably constituted; for
such laws as are not thus well made are convicted upon trial to
want amendment.
22. But while we are
ourselves persuaded that our law was made agreeably to the will
of God, it would be impious for us not to observe the same; for
what is there in it that any body would change? and what can be
invented that is better? or what can we take out of other
people’s laws that will exceed it? Perhaps some would have the
entire settlement of our government altered. And where shall we
find a better or more righteous constitution than ours, while
this makes us esteem God to be the Governor of the universe, and
permits the priests in general to be the administrators of the
principal affairs, and withal intrusts the government over the
other priests to the chief high priest himself? which priests
our legislator, at their first appointment, did not advance to
that dignity for their riches, or any abundance of other
possessions, or any plenty they had as the gifts of fortune; but
he intrusted the principal management of Divine worship to those
that exceeded others in an ability to persuade men, and in
prudence of conduct. These men had the main care of the law and
of the other parts of the people’s conduct committed to them;
for they were the priests who were ordained to be the inspectors
of all, and the judges in doubtful cases, and the punishers of
those that were condemned to suffer punishment.
23. What form of government
then can be more holy than this? what more worthy kind of
worship can be paid to God than we pay, where the entire body of
the people are prepared for religion, where an extraordinary
degree of care is required in the priests, and where the whole
polity is so ordered as if it were a certain religious
solemnity? For what things foreigners, when they solemnize such
festivals, are not able to observe for a few days’ time, and
call them Mysteries and Sacred Ceremonies, we observe with great
pleasure and an unshaken resolution during our whole lives. What
are the things then that we are commanded or forbidden? They are
simple, and easily known. The first command is concerning God,
and affirms that God contains all things, and is a Being every
way perfect and happy, self-sufficient, and supplying all other
beings; the beginning, the middle, and the end of all things. He
is manifest in his works and benefits, and more conspicuous than
any other being whatsoever; but as to his form and magnitude, he
is most obscure. All materials, let them be ever so costly, are
unworthy to compose an image for him, and all arts are unartful
to express the notion we ought to have of him. We can neither
see nor think of any thing like him, nor is it agreeable to
piety to form a resemblance of him. We see his works, the light,
the heaven, the earth, the sun and the moon, the waters, the
generations of animals, the productions of fruits. These things
hath God made, not with hands, nor with labor, nor as wanting
the assistance of any to cooperate with him; but as his will
resolved they should be made and be good also, they were made
and became good immediately. All men ought to follow this Being,
and to worship him in the exercise of virtue; for this way of
worship of God is the most holy of all others.
24. There ought also to be
but one temple for one God; for likeness is the constant
foundation of agreement. This temple ought to be common to all
men, because he is the common God of all men. High priests are
to be continually about his worship, over whom he that is the
first by his birth is to be their ruler perpetually. His
business must be to offer sacrifices to God, together with those
priests that are joined with him, to see that the laws be
observed, to determine controversies, and to punish those that
are convicted of injustice; while he that does not submit to him
shall be subject to the same punishment, as if he had been
guilty of impiety towards God himself. When we offer sacrifices
to him, we do it not in order to surfeit ourselves, or to be
drunken; for such excesses are against the will of God, and
would be an occasion of injuries and of luxury; but by keeping
ourselves sober, orderly, and ready for our other occupations,
and being more temperate than others. And for our duty at the
sacrifices (22) themselves, we ought, in the first place, to
pray for the common welfare of all, and after that for our own;
for we are made for fellowship one with another, and he who
prefers the common good before what is peculiar to himself is
above all acceptable to God. And let our prayers and
supplications be made humbly to God, not [so much] that he would
give us what is good, (for he hath already given that of his own
accord, and hath proposed the same publicly to all,) as that we
may duly receive it, and when we have received it, may preserve
it. Now the law has appointed several purifications at our
sacrifices, whereby we are cleansed after a funeral, after what
sometimes happens to us in bed, and after accompanying with our
wives, and upon many other occasions, which it would be too long
now to set down. And this is our doctrine concerning God and his
worship, and is the same that the law appoints for our practice.
25. But, then, what are our
laws about marriage? That law owns no other mixture of sexes but
that which nature hath appointed, of a man with his wife, and
that this be used only for the procreation of children. But it
abhors the mixture of a male with a male; and if any one do
that, death is its punishment. It commands us also, when we
marry, not to have regard to portion, nor to take a woman by
violence, nor to persuade her deceitfully and knavishly; but to
demand her in marriage of him who hath power to dispose of her,
and is fit to give her away by the nearness of his kindred; for,
says the Scripture, “A woman is inferior to her husband in all
things.” (23) Let her, therefore, be obedient to him; not so
that he should abuse her, but that she may acknowledge her duty
to her husband; for God hath given the authority to the husband.
A husband, therefore, is to lie only with his wife whom he hath
married; but to have to do with another man’s wife is a wicked
thing, which, if any one ventures upon, death is inevitably his
punishment: no more can he avoid the same who forces a virgin
betrothed to another man, or entices another man’s wife. The
law, moreover, enjoins us to bring up all our offspring, and
forbids women to cause abortion of what is begotten, or to
destroy it afterward; and if any woman appears to have so done,
she will be a murderer of her child, by destroying a living
creature, and diminishing human kind; if any one, therefore,
proceeds to such fornication or murder, he cannot be clean.
Moreover, the law enjoins, that after the man and wife have lain
together in a regular way, they shall bathe themselves; for
there is a defilement contracted thereby, both in soul and body,
as if they had gone into another country; for indeed the soul,
by being united to the body, is subject to miseries, and is not
freed therefrom again but by death; on which account the law
requires this purification to be entirely performed.
26. Nay, indeed, the law does
not permit us to make festivals at the births of our children,
and thereby afford occasion of drinking to excess; but it
ordains that the very beginning of our education should be
immediately directed to sobriety. It also commands us to bring
those children up in learning, and to exercise them in the laws,
and make them acquainted with the acts of their predecessors, in
order to their imitation of them, and that they might be
nourished up in the laws from their infancy, and might neither
transgress them, nor have any pretense for their ignorance of
them.
27. Our law hath also taken
care of the decent burial of the dead, but without any
extravagant expenses for their funerals, and without the
erection of any illustrious monuments for them; but hath ordered
that their nearest relations should perform their obsequies; and
hath showed it to be regular, that all who pass by when any one
is buried should accompany the funeral, and join in the
lamentation. It also ordains that the house and its inhabitants
should be purified after the funeral is over, that every one may
thence learn to keep at a great distance from the thoughts of
being pure, if he hath been once guilty of murder.
28. The law ordains also,
that parents should be honored immediately after God himself,
and delivers that son who does not requite them for the benefits
he hath received from them, but is deficient on any such
occasion, to be stoned. It also says that the young men should
pay due respect to every elder, since God is the eldest of all
beings. It does not give leave to conceal any thing from our
friends, because that is not true friendship which will not
commit all things to their fidelity: it also forbids the
revelation of secrets, even though an enmity arise between them.
If any judge takes bribes, his punishment is death: he that
overlooks one that offers him a petition, and this when he is
able to relieve him, he is a guilty person. What is not by any
one intrusted to another ought not to be required back again. No
one is to touch another’s goods. He that lends money must not
demand usury for its loan. These, and many more of the like
sort, are the rules that unite us in the bands of society one
with another.
29. It will be also worth our
while to see what equity our legislator would have us exercise
in our intercourse with strangers; for it will thence appear
that he made the best provision he possibly could, both that we
should not dissolve our own constitution, nor show any envious
mind towards those that would cultivate a friendship with us.
Accordingly, our legislator admits all those that have a mind to
observe our laws so to do; and this after a friendly manner, as
esteeming that a true union which not only extends to our own
stock, but to those that would live after the same manner with
us; yet does he not allow those that come to us by accident only
to be admitted into communion with us.
30. However, there are other
things which our legislator ordained for us beforehand, which of
necessity we ought to do in common to all men; as to afford
fire, and water, and food to such as want it; to show them the
roads; not to let any one lie unburied. He also would have us
treat those that are esteemed our enemies with moderation; for
he doth not allow us to set their country on fire, nor permit us
to cut down those trees that bear fruit; nay, further, he
forbids us to spoil those that have been slain in war. He hath
also provided for such as are taken captive, that they may not
be injured, and especially that the women may not be abused.
Indeed he hath taught us gentleness and humanity so effectually,
that he hath not despised the care of brute beasts, by
permitting no other than a regular use of them, and forbidding
any other; and if any of them come to our houses, like
supplicants, we are forbidden to slay them; nor may we kill the
dams, together with their young ones; but we are obliged, even
in an enemy’s country, to spare and not kill those creatures
that labor for mankind. Thus hath our lawgiver contrived to
teach us an equitable conduct every way, by using us to such
laws as instruct us therein; while at the same time he hath
ordained that such as break these laws should be punished,
without the allowance of any excuse whatsoever.
31. Now the greatest part of
offenses with us are capital; as if any one be guilty of
adultery; if any one force a virgin; if any one be so impudent
as to attempt sodomy with a male; or if, upon another’s making
an attempt upon him, he submits to be so used. There is also a
law for slaves of the like nature, that can never be avoided.
Moreover, if any one cheats another in measures or weights, or
makes a knavish bargain and sale, in order to cheat another; if
any one steals what belongs to another, and takes what he never
deposited; all these have punishments allotted them; not such as
are met with among other nations, but more severe ones. And as
for attempts of unjust behavior towards parents, or for impiety
against God, though they be not actually accomplished, the
offenders are destroyed immediately. However, the reward for
such as live exactly according to the laws is not silver or
gold; it is not a garland of olive branches or of small age, nor
any such public sign of commendation; but every good man hath
his own conscience bearing witness to himself, and by virtue of
our legislator’s prophetic spirit, and of the firm security God
himself affords such a one, he believes that God hath made this
grant to those that observe these laws, even though they be
obliged readily to die for them, that they shall come into being
again, and at a certain revolution of things shall receive a
better life than they had enjoyed before. Nor would I venture to
write thus at this time, were it not well known to all by our
actions that many of our people have many a time bravely
resolved to endure any sufferings, rather than speak one word
against our law.
32. Nay, indeed, in case it
had so fallen out, that our nation had not been so thoroughly
known among all men as they are, and our voluntary submission to
our laws had not been so open and manifest as it is, but that
somebody had pretended to have written these laws himself, and
had read them to the Greeks, or had pretended that he had met
with men out of the limits of the known world, that had such
reverent notions of God, and had continued a long time in the
firm observance of such laws as ours, I cannot but suppose that
all men would admire them on a reflection upon the frequent
changes they had therein been themselves subject to; and this
while those that have attempted to write somewhat of the same
kind for politic government, and for laws, are accused as
composing monstrous things, and are said to have undertaken an
impossible task upon them. And here I will say nothing of those
other philosophers who have undertaken any thing of this nature
in their writings. But even Plato himself, who is so admired by
the Greeks on account of that gravity in his manners, and force
in his words, and that ability he had to persuade men beyond all
other philosophers, is little better than laughed at and exposed
to ridicule on that account, by those that pretend to sagacity
in political affairs; although he that shall diligently peruse
his writings will find his precepts to be somewhat gentle, and
pretty near to the customs of the generality of mankind. Nay,
Plato himself confesseth that it is not safe to publish the true
notion concerning God among the ignorant multitude. Yet do some
men look upon Plato’s discourses as no better than certain idle
words set off with great artifice. However, they admire Lycurgus
as the principal lawgiver, and all men celebrate Sparta for
having continued in the firm observance of his laws for a very
long time. So far then we have gained, that it is to be
confessed a mark of virtue to submit to laws. (24) But then let
such as admire this in the Lacedemonians compare that duration
of theirs with more than two thousand years which our political
government hath continued; and let them further consider, that
though the Lacedemonians did seem to observe their laws exactly
while they enjoyed their liberty, yet that when they underwent a
change of their fortune, they forgot almost all those laws;
while we, having been under ten thousand changes in our fortune
by the changes that happened among the kings of Asia, have never
betrayed our laws under the most pressing distresses we have
been in; nor have we neglected them either out of sloth or for a
livelihood. (25) if any one will consider it, the difficulties
and labors laid upon us have been greater than what appears to
have been borne by the Lacedemonian fortitude, while they
neither ploughed their land, nor exercised any trades, but lived
in their own city, free from all such pains-taking, in the
enjoyment of plenty, and using such exercises as might improve
their bodies, while they made use of other men as their servants
for all the necessaries of life, and had their food prepared for
them by the others; and these good and humane actions they do
for no other purpose but this, that by their actions and their
sufferings they may be able to conquer all those against whom
they make war. I need not add this, that they have not been
fully able to observe their laws; for not only a few single
persons, but multitudes of them, have in heaps neglected those
laws, and have delivered themselves, together with their arms,
into the hands of their enemies.
33. Now as for ourselves, I
venture to say that no one can tell of so many; nay, not of more
than one or two that have betrayed our laws, no, not out of fear
of death itself; I do not mean such an easy death as happens in
battles, but that which comes with bodily torments, and seems to
be the severest kind of death of all others. Now I think those
that have conquered us have put us to such deaths, not out of
their hatred to us when they had subdued us, but rather out of
their desire of seeing a surprising sight, which is this,
whether there be such men in the world who believe that no evil
is to them so great as to be compelled to do or to speak any
thing contrary to their own laws. Nor ought men to wonder at us,
if we are more courageous in dying for our laws than all other
men are; for other men do not easily submit to the easier things
in which we are instituted; I mean working with our hands, and
eating but little, and being contented to eat and drink, not at
random, or at every one’s pleasure, or being under inviolable
rules in lying with our wives, in magnificent furniture, and
again in the observation of our times of rest; while those that
can use their swords in war, and can put their enemies to flight
when they attack them, cannot bear to submit to such laws about
their way of living: whereas our being accustomed willingly to
submit to laws in these instances, renders us fit to show our
fortitude upon other occasions also.
34. Yet do the Lysimachi and
the Molones, and some other writers, (unskillful sophists as
they are, and the deceivers of young men,) reproach us as the
vilest of all mankind. Now I have no mind to make an inquiry
into the laws of other nations; for the custom of our country is
to keep our own laws, but not to bring accusations against the
laws of others. And indeed our legislator hath expressly
forbidden us to laugh at and revile those that are esteemed gods
by other people? on account of the very name of God ascribed to
them. But since our antagonists think to run us down upon the
comparison of their religion and ours, it is not possible to
keep silence here, especially while what I shall say to confute
these men will not be now first said, but hath been already said
by many, and these of the highest reputation also; for who is
there among those that have been admired among the Greeks for
wisdom, who hath not greatly blamed both the most famous poets,
and most celebrated legislators, for spreading such notions
originally among the body of the people concerning the gods?
such as these, that they may be allowed to be as numerous as
they have a mind to have them; that they are begotten one by
another, and that after all the kinds of generation you can
imagine. They also distinguish them in their places and ways of
living as they would distinguish several sorts of animals; as
some to be under the earth; as some to be in the sea; and the
ancientest of them all to be bound in hell; and for those to
whom they have allotted heaven, they have set over them one, who
in title is their father, but in his actions a tyrant and a
lord; whence it came to pass that his wife, and brother, and
daughter (which daughter he brought forth from his own head)
made a conspiracy against him to seize upon him and confine
hint, as he had himself seized upon and confined his own father
before.
35. And justly have the
wisest men thought these notions deserved severe rebukes; they
also laugh at them for determining that we ought to believe some
of the gods to be beardless and young, and others of them to be
old, and to have beards accordingly; that some are set to
trades; that one god is a smith, and another goddess is a
weaver; that one god is a warrior, and fights with men; that
some of them are harpers, or delight in archery; and besides,
that mutual seditions arise among them, and that they quarrel
about men, and this so far, that they not only lay hands upon
one another, but that they are wounded by men, and lament, and
take on for such their afflictions. But what is the grossest of
all in point of lasciviousness, are those unbounded lusts
ascribed to almost all of them, and their amours; which how can
it be other than a most absurd supposal, especially when it
reaches to the male gods, and to the female goddesses also?
Moreover, the chief of all their gods, and their first father
himself, overlooks those goddesses whom he hath deluded and
begotten with child, and suffers them to be kept in prison, or
drowned in the sea. He is also so bound up by fate, that he
cannot save his own offspring, nor can he bear their deaths
without shedding of tears. These are fine things indeed! as are
the rest that follow. Adulteries truly are so impudently looked
on in heaven by the gods, that some of them have confessed they
envied those that were found in the very act. And why should
they not do so, when the eldest of them, who is their king also,
hath not been able to restrain himself in the violence of his
lust, from lying with his wife, so long as they might get into
their bedchamber? Now some of the gods are servants to men, and
will sometimes be builders for a reward, and sometimes will be
shepherds; while others of them, like malefactors, are bound in
a prison of brass. And what sober person is there who would not
be provoked at such stories, and rebuke those that forged them,
and condemn the great silliness of those that admit them for
true? Nay, others there are that have advanced a certain
timorousness and fear, as also madness and fraud, and any other
of the vilest passions, into the nature and form of gods, and
have persuaded whole cities to offer sacrifices to the better
sort of them; on which account they have been absolutely forced
to esteem some gods as the givers of good things, and to call
others of them averters of evil. They also endeavor to move
them, as they would the vilest of men, by gifts and presents, as
looking for nothing else than to receive some great mischief
from them, unless they pay them such wages.
36. Wherefore it deserves our
inquiry what should be the occasion of this unjust management,
and of these scandals about the Deity. And truly I suppose it to
be derived from the imperfect knowledge the heathen legislators
had at first of the true nature of God; nor did they explain to
the people even so far as they did comprehend of it: nor did
they compose the other parts of their political settlements
according to it, but omitted it as a thing of very little
consequence, and gave leave both to the poets to introduce what
gods they pleased, and those subject to all sorts of passions,
and to the orators to procure political decrees from the people
for the admission of such foreign gods as they thought proper.
The painters also, and statuaries of Greece, had herein great
power, as each of them could contrive a shape [proper for a
god]; the one to be formed out of clay, and the other by making
a bare picture of such a one. But those workmen that were
principally admired, had the use of ivory and of gold as the
constant materials for their new statues [whereby it comes to
pass that some temples are quite deserted, while others are in
great esteem, and adorned with all the rites of all kinds of
purification]. Besides this, the first gods, who have long
flourished in the honors done them, are now grown old [while
those that flourished after them are come in their room as a
second rank, that I may speak the most honorably of them I can]:
nay, certain other gods there are who are newly introduced, and
newly worshipped [as we, by way of digression, have said
already, and yet have left their places of worship desolate];
and for their temples, some of them are already left desolate,
and others are built anew, according to the pleasure of men;
whereas they ought to have their opinion about God, and that
worship which is due to him, always and immutably the same.
37. But now, this Apollonius
Molo was one of these foolish and proud men. However, nothing
that I have said was unknown to those that were real
philosophers among the Greeks, nor were they unacquainted with
those frigid pretensions of allegories [which had been alleged
for such things]; on which account they justly despised them,
but have still agreed with us as to the true and becoming
notions of God; whence it was that Plato would not have
political settlements admit to of any one of the other poets,
and dismisses even Homer himself, with a garland on his head,
and with ointment poured upon him, and this because he should
not destroy the right notions of God with his fables. Nay, Plato
principally imitated our legislator in this point, that he
enjoined his citizens to have he main regard to this precept,
“That every one of them should learn their laws accurately.” He
also ordained, that they should not admit of foreigners
intermixing with their own people at random; and provided that
the commonwealth should keep itself pure, and consist of such
only as persevered in their own laws. Apollonius Molo did no way
consider this, when he made it one branch of his accusation
against us, that we do not admit of such as have different
notions about God, nor will we have fellowship with those that
choose to observe a way of living different from ourselves, yet
is not this method peculiar to us, but common to all other men;
not among the ordinary Grecians only, but among such of those
Grecians as are of the greatest reputation among them. Moreover,
the Lacedemonians continued in their way of expelling
foreigners, and would not indeed give leave to their own people
to travel abroad, as suspecting that those two things would
introduce a dissolution of their own laws: and perhaps there may
be some reason to blame the rigid severity of the Lacedemonians,
for they bestowed the privilege of their city on no foreigners,
nor indeed would give leave to them to stay among them; whereas
we, though we do not think fit to imitate other institutions,
yet do we willingly admit of those that desire to partake of
ours, which, I think, I may reckon to be a plain indication of
our humanity, and at the same time of our magnanimity also.
38. But I shall say no more
of the Lacedemonians. As for the Athenians, who glory in having
made their city to be common to all men, what their behavior was
Apollonius did not know, while they punished those that did but
speak one word contrary to the laws about the gods, without any
mercy; for on what other account was it that Socrates was put to
death by them? For certainly he neither betrayed their city to
its enemies, nor was he guilty of any sacrilege with regard to
any of their temples; but it was on this account, that he swore
certain new oaths (26) and that he affirmed either in earnest,
or, as some say, only in jest, that a certain demon used to make
signs to him [what he should not do]. For these reasons he was
condemned to drink poison, and kill himself. His accuser also
complained that he corrupted the young men, by inducing them to
despise the political settlement and laws of their city: and
thus was Socrates, the citizen of Athens, punished. There was
also Anaxagoras, who, although he was of Clazomente, was within
a few suffrages of being condemned to die, because he said the
sun, which the Athenians thought to be a god, was a ball of
fire. They also made this public proclamation,” That they would
give a talent to any one who would kill Diagoras of Melos,”
because it was reported of him that he laughed at their
mysteries. Protagoras also, who was thought to have written
somewhat that was not owned for truth by the Athenians about the
gods, had been seized upon, and put to death, if he had not fled
away immediately. Nor need we at all wonder that they thus
treated such considerable men, when they did not spare even
women also; for they very lately slew a certain priestess,
because she was accused by somebody that she initiated people
into the worship of strange gods, it having been forbidden so to
do by one of their laws; and a capital punishment had been
decreed to such as introduced a strange god; it being manifest,
that they who make use of such a law do not believe those of
other nations to be really gods, otherwise they had not envied
themselves the advantage of more gods than they already had. And
this was the happy administration of the affairs of the
Athenians! Now as to the Scythians, they take a pleasure in
killing men, and differ but little from brute beasts; yet do
they think it reasonable to have their institutions observed.
They also slew Anacharsis, a person greatly admired for his
wisdom among the Greeks, when he returned to them, because he
appeared to come fraught with Grecian customs. One may also find
many to have been punished among the Persians, on the very same
account. And to be sure Apollonius was greatly pleased with the
laws of the Persians, and was an admirer of them, because the
Greeks enjoyed the advantage of their courage, and had the very
same opinion about the gods which they had. This last was
exemplified in the temples which they burnt, and their courage
in coming, and almost entirely enslaving the Grecians. However,
Apollonius has imitated all the Persian institutions, and that
by his offering violence to other men’s wives, and gelding his
own sons. Now, with us, it is a capital crime, if any one does
thus abuse even a brute beast; and as for us, neither hath the
fear of our governors, nor a desire of following what other
nations have in so great esteem, been able to withdraw us from
our own laws; nor have we exerted our courage in raising up wars
to increase our wealth, but only for the observation of our
laws; and when we with patience bear other losses, yet when any
persons would compel us to break our laws, then it is that we
choose to go to war, though it be beyond our ability to pursue
it, and bear the greatest calamities to the last with much
fortitude. And, indeed, what reason can there be why we should
desire to imitate the laws of other nations, while we see they
are not observed by their own legislators (27) And why do not
the Lacedemonians think of abolishing that form of their
government which suffers them not to associate with any others,
as well as their contempt of matrimony? And why do not the
Eleans and Thebans abolish that unnatural and impudent lust,
which makes them lie with males? For they will not show a
sufficient sign of their repentance of what they of old thought
to be very excellent, and very advantageous in their practices,
unless they entirely avoid all such actions for the time to
come: nay, such things are inserted into the body of their laws,
and had once such a power among the Greeks, that they ascribed
these sodomitical practices to the gods themselves, as a part of
their good character; and indeed it was according to the same
manner that the gods married their own sisters. This the Greeks
contrived as an apology for their own absurd and unnatural
pleasures.
39. I omit to speak
concerning punishments, and how many ways of escaping them the
greatest part of the legislators have afforded malefactors, by
ordaining that, for adulteries, fines in money should be
allowed, and for corrupting (28) [virgins] they need only marry
them as also what excuses they may have in denying the facts, if
any one attempts to inquire into them; for amongst most other
nations it is a studied art how men may transgress their laws;
but no such thing is permitted amongst us; for though we be
deprived of our wealth, of our cities, or of the other
advantages we have, our law continues immortal; nor can any Jew
go so far from his own country, nor be so aftrighted at the
severest lord, as not to be more aftrighted at the law than at
him. If, therefore, this be the disposition we are under, with
regard to the excellency of our laws, let our enemies make us
this concession, that our laws are most excellent; and if still
they imagine, that though we so firmly adhere to them, yet are
they bad laws notwithstanding, what penalties then do they
deserve to undergo who do not observe their own laws, which they
esteem so far superior to them? Whereas, therefore, length of
time is esteemed to be the truest touchstone in all cases, I
would make that a testimonial of the excellency of our laws, and
of that belief thereby delivered to us concerning God. For as
there hath been a very long time for this comparison, if any one
will but compare its duration with the duration of the laws made
by other legislators, he will find our legislator to have been
the ancientest of them all.
40. We have already
demonstrated that our laws have been such as have always
inspired admiration and imitation into all other men; nay, the
earliest Grecian philosophers, though in appearance they
observed the laws of their own countries, yet did they, in their
actions, and their philosophic doctrines, follow our legislator,
and instructed men to live sparingly, and to have friendly
communication one with another. Nay, further, the multitude of
mankind itself have had a great inclination of a long time to
follow our religious observances; for there is not any city of
the Grecians, nor any of the barbarians, nor any nation
whatsoever, whither our custom of resting on the seventh day
hath not come, and by which our fasts and lighting up lamps, and
many of our prohibitions as to our food, are not observed; they
also endeavor to imitate our mutual concord with one another,
and the charitable distribution of our goods, and our diligence
in our trades, and our fortitude in undergoing the distresses we
are in, on account of our laws; and, what is here matter of the
greatest admiration, our law hath no bait of pleasure to allure
men to it, but it prevails by its own force; and as God himself
pervades all the world, so hath our law passed through all the
world also. So that if any one will but reflect on his own
country, and his own family, he will have reason to give credit
to what I say. It is therefore but just, either to condemn all
mankind of indulging a wicked disposition, when they have been
so desirous of imitating laws that are to them foreign and evil
in themselves, rather than following laws of their own that are
of a better character, or else our accusers must leave off their
spite against us. Nor are we guilty of any envious behavior
towards them, when we honor our own legislator, and believe what
he, by his prophetic authority, hath taught us concerning God.
For though we should not be able ourselves to understand the
excellency of our own laws, yet would the great multitude of
those that desire to imitate them, justify us, in greatly
valuing ourselves upon them.
41. But as for the [distinct]
political laws by which we are governed, I have delivered them
accurately in my books of Antiquities; and have only mentioned
them now, so far as was necessary to my present purpose, without
proposing to myself either to blame the laws of other nations,
or to make an encomium upon our own; but in order to convict
those that have written about us unjustly, and in an impudent
affectation of disguising the truth. And now I think I have
sufficiently completed what I proposed in writing these books.
For whereas our accusers have pretended that our nation are a
people of very late original, I have demonstrated that they are
exceeding ancient; for I have produced as witnesses thereto many
ancient writers, who have made mention of us in their books,
while they had said that no such writer had so done. Moreover,
they had said that we were sprung from the Egyptians, while I
have proved that we came from another country into Egypt: while
they had told lies of us, as if we were expelled thence on
account of diseases on our bodies, it has appeared, on the
contrary, that we returned to our country by our own choice, and
with sound and strong bodies. Those accusers reproached our
legislator as a vile fellow; whereas God in old time bare
witness to his virtuous conduct; and since that testimony of
God, time itself hath been discovered to have borne witness to
the same thing.
42. As to the laws
themselves, more words are unnecessary, for they are visible in
their own nature, and appear to teach not impiety, but the
truest piety in the world. They do not make men hate one
another, but encourage people to communicate what they have to
one another freely; they are enemies to injustice, they take
care of righteousness, they banish idleness and expensive
living, and instruct men to be content with what they have, and
to be laborious in their calling; they forbid men to make war
from a desire of getting more, but make men courageous in
defending the laws; they are inexorable in punishing
malefactors; they admit no sophistry of words, but are always
established by actions themselves, which actions we ever propose
as surer demonstrations than what is contained in writing only:
on which account I am so bold as to say that we are become the
teachers of other men, in the greatest number of things, and
those of the most excellent nature only; for what is more
excellent than inviolable piety? what is more just than
submission to laws? and what is more advantageous than mutual
love and concord? and this so far that we are to be neither
divided by calamities, nor to become injurious and seditious in
prosperity; but to contemn death when we are in war, and in
peace to apply ourselves to our mechanical occupations, or to
our tillage of the ground; while we in all things and all ways
are satisfied that God is the inspector and governor of our
actions. If these precepts had either been written at first, or
more exactly kept by any others before us, we should have owed
them thanks as disciples owe to their masters; but if it be
visible that we have made use of them more than any other men,
and if we have demonstrated that the original invention of them
is our own, let the Apions, and the Molons, with all the rest of
those that delight in lies and reproaches, stand confuted; but
let this and the foregoing book be dedicated to thee,
Epaphroditus, who art so great a lover of truth, and by thy
means to those that have been in like manner desirous to be
acquainted with the affairs of our nation.
Go Back
APION
BOOK 2 FOOTNOTES
(1) The former part of this
second book is written against the calumnies of Apion, and then,
more briefly, against the like calumnies of Apollonius Molo. But
after that, Josephus leaves off any more particular reply to
those adversaries of the Jews, and gives us a large and
excellent description and vindication of that theocracy which
was settled for the Jewish nation by Moses, their great
legislator.
(2) Called by Tiberius Cymbalum Mundi, The drum of the
world.
(3) This seems to have been the first dial that had been
made in Egypt, and was a little before the time that Ahaz made
his [first] dial in Judea, and about anno 755, in the first year
of the seventh olympiad, as we shall see presently. See 2 Kings
20:11; Isaiah 38:8.
(4) The burial-place for dead bodies, as I suppose.
(5) Here begins a great defect in the Greek copy; but the
old Latin version fully supplies that defect.
(6) What error is here generally believed to have been
committed by our Josephus in ascribing a deliverance of the Jews
to the reign of Ptolemy Physco, the seventh of those Ptolemus,
which has been universally supposed to have happened under
Ptolemy Philopater, the fourth of them, is no better than a
gross error of the moderns, and not of Josephus, as I have fully
proved in the Authentic. Rec. Part I. p. 200-201, whither I
refer the inquisitive reader.
(7) Sister’s son, and adopted son.
(8) Called more properly Molo, or Apollonius Molo, as
hereafter; for Apollonins, the son of Molo, was another person,
as Strabo informs us, lib. xiv.
(9) Furones in the Latin, which what animal it denotes does
not now appear.
(10) It is great pity that these six pagan authors, here
mentioned to have described the famous profanation of the Jewish
temple by Antiochus Epiphanes, should be all lost; I mean so far
of their writings as contained that description; though it is
plain Josephus perused them all as extant in his time.
(11) It is remarkable that Josephus here, and, I think, no
where else, reckons up four distinct courts of the temple; that
of the Gentiles, that of the women of Israel, that of the men of
Israel, and that of the priests; as also that the court of the
women admitted of the men, (I suppose only of the husbands of
those wives that were therein,) while the court of the men did
not admit any women into it at all.
(12) Judea, in the Greek, by a gross mistake of the
transcribers.
(13) Seven in the Greek, by a like gross mistake of the
transcribers. See of the War, B. V. ch. 5. sect. 4.
(14) Two hundred in the Greek, contrary to the twenty in the
War, B. VII. ch, 5. sect. 3.
(15) This notorious disgrace belonging peculiarly to the
people of Egypt, ever since the times of the old prophets of the
Jews, noted both sect. 4 already, and here, may be confirmed by
the testimony of Isidorus, an Egyptian of Pelusium, Epist. lib.
i. Ep. 489. And this is a remarkable completion of the ancient
prediction of God by Ezekiel 29:14, 15, that the Egyptians
should be a base kingdom, the basest of the kingdoms,” and that
“it should not exalt itself any more above the nations.”
(16) The truth of which still further appears by the present
observation of Josephus, that these Egyptians had never, in all
the past ages since Sesostris, had one day of liberty, no, not
so much as to have been free from despotic power under any of
the monarchies to that day. And all this bas been found equally
true in the latter ages, under the Romans, Saracens, Mamelukes,
and Turks, from the days of Josephus till the present ago also.
(17) This language, that Moses, “persuaded himself” that
what he did was according to God’s will, can mean no more, by
Josephus’s own constant notions elsewhere, than that he was
“firmly persuaded,” that he had “fully satisfied himself” that
so it was, viz. by the many revelations he had received from
God, and the numerous miracles God had enabled him to work, as
he both in these very two books against Apion, and in his
Antiquities, most clearly and frequently assures us. This is
further evident from several passages lower, where he affirms
that Moses was no impostor nor deceiver, and where he assures
that Moses’s constitution of government was no other than a
theocracy; and where he says they are to hope for deliverance
out of their distresses by prayer to God, and that withal it was
owing in part to this prophetic spirit of Moses that the Jews
expected a resurrection from the dead. See almost as strange a
use of the like words, “to persuade God,” Antiq. B. VI. ch. 5.
sect. 6.
(18) That is, Moses really was, what the heathen legislators
pretended to be, under a Divine direction; nor does it yet
appear that these pretensions to a supernatural conduct, either
in these legislators or oracles, were mere delusions of men
without any demoniacal impressions, nor that Josephus took them
so to be; as the ancientest and contemporary authors did still
believe them to be supernatural.
(19) This whole very large passage is corrected by Dr.
Hudson from Eusebius’s citation of it, Prep. Evangel. viii. 8,
which is here not a little different from the present MSS. of
Josephus.
(20) This expression itself, that “Moses ordained the Jewish
government to be a theocracy,” may be illustrated by that
parallel expression in the Antiquities, B. III. ch. 8. sect. 9,
that “Moses left it to God to be present at his sacrifices when
he pleased; and when he pleased, to be absent.” Both ways of
speaking sound harsh in the ears of Jews and Christians, as do
several others which Josephus uses to the heathens; but still
they were not very improper in him, when he all along thought
fit to accommodate himself, both in his Antiquities, and in
these his books against Apion, all written for the use of the
Greeks and Romans, to their notions and language, and this as
far as ever truth would give him leave. Though it be very
observable withal, that he never uses such expressions in his
books of the War, written originally for the Jews beyond
Euphrates, and in their language, in all these cases. However,
Josephus directly supposes the Jewish settlement, under Moses,
to be a Divine settlement, and indeed no other than a real
theocracy.
(21) These excellent accounts of the Divine attributes,
and that God is not to be at all known in his essence, as also
some other clear expressions about the resurrection of the dead,
and the state of departed souls, etc., in this late work of
Josephus, look more like the exalted notions of the Essens, or
rather Ebionite Christians, than those of a mere Jew or
Pharisee. The following large accounts also of the laws of
Moses, seem to me to show a regard to the higher interpretations
and improvements of Moses’s laws, derived from Jesus Christ,
than to the bare letter of them in the Old Testament, whence
alone Josephus took them when he wrote his Antiquities; nor, as
I think, can some of these laws, though generally excellent in
their kind, be properly now found either in the copies of the
Jewish Pentateuch, or in Philo, or in Josephus himself, before
he became a Nazarene or Ebionite Christian; nor even all of them
among the laws of catholic Christianity themselves. I desire,
therefore, the learned reader to consider, whether some of these
improvements or interpretations might not be peculiar to the
Essens among the Jews, or rather to the Nazarenes or Ebionites
among the Christians, though we have indeed but imperfect
accounts of those Nazarenes or Ebionite Christians transmitted
down to us at this day.
(22) We may here observe how known a thing it was among
the Jews and heathens, in this and many other instances, that
sacrifices were still accompanied with prayers; whence most
probably came those phrases of “the sacrifice of prayer, the
sacrifice of praise, the sacrifice of thanksgiving.” However,
those ancient forms used at sacrifices are now generally lost,
to the no small damage of true religion. It is here also
exceeding remarkable, that although the temple at Jerusalem was
built as the only place where the whole nation of the Jews were
to offer their sacrifices, yet is there no mention of the
“sacrifices” themselves, but of “prayers” only, in Solomon’s
long and famous form of devotion at its dedication, 1 Kings 8.;
2 Chronicles 6. See also many passages cited in the Apostolical
Constitutions, VII. 37, and Of the War, above, B. VII. ch. 5.
sect. 6.
(23) This text is no where in our present copies of the
Old Testament.
(24) It may not be amiss to set down here a very
remarkable testimony of the great philosopher Cicero, as to the
preference of “laws to philosophy: - I will,” says he, “boldly
declare my opinion, though the whole world be offended at it. I
prefer this little book of the Twelve Tables alone to all the
volumes of the philosophers. I find it to be not only of more
weight,’ but also much more useful.” - Oratore.
(25) we have observed our times of rest, and sorts of
food allowed us [during our distresses].
(26) See what those novel oaths were in Dr. Hudson’s
note, viz. to swear by an oak, by a goat, and by a dog, as also
by a gander, as say Philostratus and others. This swearing
strange oaths was also forbidden by the Tyrians, B. I. sect. 22,
as Spanheim here notes.
(27) Why Josephus here should blame some heathen
legislators, when they allowed so easy a composition for simple
fornication, as an obligation to marry the virgin that was
corrupted, is hard to say, seeing he had himself truly informed
us that it was a law of the Jews, Antiq. B. IV. ch. 8. sect. 23,
as it is the law of Christianity also: see Horeb Covenant, p.
61. I am almost ready to suspect that, for, we should here read,
and that corrupting wedlock, or other men’s wives, is the crime
for which these heathens wickedly allowed this composition in
money.
(28) Or “for corrupting other men’s wives the same
allowance.”
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