SCRIPTURA

Josephus · Against Apion · 7 of 8

Book II · sections 151–220

Translated by William Whiston

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151. 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.

151. Μικρὸν οὖν ἀναλαβὼν τὸν λόγον τοῦτʼ ἂν εἴποιμι πρῶτον, ὅτι τῶν ἀνόμως καὶ ἀτάκτως βιούντων οἱ τάξεως καὶ νόμου κοινωνίας ἐπιθυμηταὶ γενόμενοι καὶ πρῶτοι κατάρξαντες εἰκότως ἂν ἡμερότητι καὶ φύσεως ἀρετῇ διενεγκεῖν μαρτυρηθεῖεν. ἀμέλει πειρῶνται τὰ παρʼ αὐτοῖς ἕκαστοι πρὸς τὸ ἀρχαιότατον ἀνάγειν, ἵνα μὴ μιμεῖσθαι δόξωσιν ἑτέρους, ἀλλʼ αὐτοὶ τοῦ ζῆν νομίμως ἄλλοις ὑφηγήσασθαι. τούτων δὲ τοῦτον ἐχόντων τὸν τρόπον ἀρετὴ μέν ἐστι νομοθέτου τὰ βέλτιστα συνιδεῖν καὶ πεῖσαι τοὺς χρησομένους περὶ τῶν ὑπʼ αὐτοῦ τιθεμένων, πλήθους δὲ τὸ πᾶσι τοῖς δόξασιν ἐμμεῖναι καὶ μήτε εὐτυχίαις μήτε συμφοραῖς αὐτῶν μηδὲν μεταβάλλειν. φημὶ τοίνυν τὸν ἡμέτερον νομοθέτην τῶν ὁπουδηποτοῦν μνημονευομένων νομοθετῶν προάγειν ἀρχαιότητι· Λυκοῦργοι γὰρ καὶ Σόλωνες καὶ Ζάλευκος ὁ τῶν Λοκρῶν καὶ πάντες οἱ θαυμαζόμενοι παρὰ τοῖς Ἕλλησιν ἐχθὲς δὴ καὶ πρῴην ὡς πρὸς ἐκεῖνον παραβαλλόμενοι φαίνονται γεγονότες, ὅπου γε μηδʼ αὐτὸ τοὔνομα πάλαι ἐγιγνώσκετο τοῦ νόμου παρὰ τοῖς Ἕλλησι. καὶ μάρτυς Ὅμηρος οὐδαμοῦ τῆς ποιήσεως αὐτῷ χρησάμενος· οὐδὲ γὰρ ἦν κατὰ τοῦτον, ἀλλὰ γνώμαις ἀορίστοις τὰ πλήθη διῳκεῖτο καὶ προστάγμασι τῶν βασιλέων, ἀφʼ οὗ καὶ μέχρι πολλοῦ διέμειναν ἔθεσιν ἀγράφοις χρώμενοι καὶ πολλὰ τούτων ἀεὶ πρὸς τὸ συντυγχάνον μετατιθέντες. ὁ δʼ ἡμέτερος νομοθέτης ἀρχαιότατος γεγονώς, τοῦτο γὰρ δήπουθεν ὁμολογεῖται καὶ παρὰ τοῖς πάντα καθʼ ἡμῶν λέγουσιν, ἑαυτόν τε παρέσχεν ἄριστον τοῖς πλήθεσιν ἡγεμόνα καὶ σύμβουλον τήν τε κατασκευὴν αὐτοῖς ὅλην τοῦ βίου τῷ νόμῳ περιλαβὼν ἔπεισεν παραδέξασθαι καὶ βεβαιοτάτην εἰς ἀεὶ φυλαχθῆναι παρεσκεύασεν.

157. 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 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 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. 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, 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, 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.

157. Ἴδωμεν δὲ τῶν ἔργων αὐτοῦ τὸ πρῶτον μεγαλεῖον· ἐκεῖνος γὰρ τοὺς προγόνους ἡμῶν, ἐπείπερ ἔδοξεν αὐτοῖς τὴν Αἴγυπτον ἐκλιποῦσιν ἐπὶ τὴν πάτριον γῆν ἐπανιέναι, πολλὰς τὰς μυριάδας παραλαβὼν ἐκ πολλῶν καὶ ἀμηχάνων διέσωσεν εἰς ἀσφάλειαν· καὶ γὰρ τὴν ἄνυδρον αὐτοὺς καὶ πολλὴν ψάμμον ἔδει διοδοιπορῆσαι καὶ νικῆσαι πολεμίους καὶ τέκνα καὶ γυναῖκας καὶ λείαν ὁμοῦ σώζειν μαχομένους. ἐν οἷς ἅπασι καὶ στρατηγὸς ἄριστος ἐγένετο καὶ σύμβουλος συνετώτατος καὶ πάντων κηδεμὼν ἀληθέστατος. ἅπαν δὲ τὸ πλῆθος εἰς ἑαυτὸν ἀνηρτῆσθαι παρεσκεύασεν, καὶ περὶ παντὸς ἔχων πεισθέντας [ἀντὶ τοῦ κελευσθέντος] εἰς οὐδεμίαν οἰκείαν ἔλαβεν ταῦτα πλεονεξίαν, ἀλλʼ ἐν ᾧ μάλιστα τοῦ καιροῦ δυνάμεις μὲν αὐτοῖς περιβάλλονται καὶ τυραννίδας οἱ προεστηκότες, ἐθίζουσι δὲ τὰ πλήθη μετὰ πολλῆς ζῆν ἀνομίας, ἐν τούτῳ τῆς ἐξουσίας ἐκεῖνος καθεστηκὼς τοὐναντίον ᾠήθη δεῖν εὐσεβεῖν καὶ πολλὴν εὔνοιαν τοῖς λαοῖς ἐμπαρασχεῖν, οὕτως αὐτός τε τὰ μάλιστα τὴν ἀρετὴν ἐπιδείξειν τὴν αὐτοῦ νομίζων καὶ σωτηρίαν τοῖς αὐτὸν ἡγεμόνα πεποιημένοις βεβαιοτάτην παρέξειν. καλῆς οὖν αὐτῷ προαιρέσεως καὶ πράξεων μεγάλων ἐπιτυγχανομένων εἰκότως ἐνόμιζεν ἡγεμόνα τε καὶ σύμβουλον θεὸν ἔχειν, καὶ πείσας πρότερον ἑαυτὸν ὅτι κατὰ τὴν ἐκείνου βούλησιν ἅπαντα πράττει καὶ διανοεῖται, ταύτην ᾤετο δεῖν πρὸ παντὸς ἐμποιῆσαι τὴν ὑπόληψιν τοῖς πλήθεσιν· οἱ γὰρ πιστεύσαντες ἐπισκοπεῖν θεὸν τοὺς ἑαυτῶν βίους οὐθὲν ἀνέχονται ἐξαμαρτεῖν. τοιοῦτος μὲν δή τις [αὐτὸς] ἡμῶν ὁ νομοθέτης, οὐ γόης οὐδʼ ἀπατεών, ἅπερ λοιδοροῦντες λέγουσιν ἀδίκως, ἀλλʼ οἵους παρὰ τοῖς Ἕλλησιν αὐχοῦσιν τὸν Μίνω γεγονέναι καὶ μετὰ ταῦτα τοὺς ἄλλους νομοθέτας· οἱ μὲν γὰρ αὐτῶν τοὺς νόμους ὑποτίθενται, ὁ δέ γε Μίνως ἔλεγεν ὅτι εἰς τὸν Ἀπόλλω καὶ τὸ Δελφικὸν αὐτοῦ μαντεῖον τὰς τῶν νόμων μαντείας ἀνέφερεν, ἤτοι τἀληθὲς οὕτως ἔχειν νομίζοντες ἢ πείσειν ῥᾷον ὑπολαμβάνοντες. τίς δʼ ἦν ὁ μάλιστα κατορθώσας τοὺς νόμους καὶ τῆς δικαιοτάτης περὶ θεοῦ πίστεως ἐπιτυχών, πάρεστιν ἐξ αὐτῶν κατανοεῖν τῶν νόμων ἀντιπαραβάλλοντας· ἤδη γὰρ περὶ τούτων λεκτέον. οὐκοῦν ἄπειροι μὲν αἱ κατὰ μέρος τῶν ἐθῶν καὶ τῶν νόμων παρὰ τοῖς ἅπασιν ἀνθρώποις διαφοραί, κεφαλαιωδῶς ἂν ἐπίοι τις· οἱ μὲν γὰρ μοναρχίαις, οἱ δὲ ταῖς ὀλίγων δυναστείαις, ἄλλοι δὲ τοῖς πλήθεσιν ἐπέτρεψαν τὴν ἐξουσίαν τῶν πολιτευμάτων. ὁ δʼ ἡμέτερος νομοθέτης εἰς μὲν τούτων οὐδοτιοῦν ἀπεῖδεν, ὡς δʼ ἄν τις εἴποι βιασάμενος τὸν λόγον θεοκρατίαν ἀπέδειξε τὸ πολίτευμα θεῷ τὴν ἀρχὴν καὶ τὸ κράτος ἀναθείς. καὶ πείσας εἰς ἐκεῖνον ἅπαντας ἀφορᾶν ὡς αἴτιον μὲν ἁπάντων ὄντα τῶν ἀγαθῶν, ἃ κοινῇ τε πᾶσιν ἀνθρώποις ὑπάρχει καὶ ὅσων ἔτυχον αὐτοὶ δεηθέντες ἐν ἀμηχάνοις, λαθεῖν δὲ τὴν ἐκείνου γνώμην οὐκ ἐνὸν οὔτε τῶν πραττομένων οὐδὲν οὔθʼ ὧν ἄν τις παρʼ αὐτῷ διανοηθῇ, ἕνα αὐτὸν ἀπέφηνε καὶ ἀγένητον καὶ πρὸς τὸν ἀίδιον χρόνον ἀναλλοίωτον πάσης ἰδέας θνητῆς κάλλει διαφέροντα καὶ δυνάμει μὲν ἡμῖν γνώριμον, ὁποῖος δὲ κατʼ οὐσίαν [ἐστὶν] ἄγνωστον. ταῦτα περὶ θεοῦ φρονεῖν οἱ σοφώτατοι παρʼ Ἕλλησιν ὅτι μὲν ἐδιδάχθησαν ἐκείνου τὰς ἀρχὰς παρασχόντος, ἐῶ νῦν λέγειν, ὅτι δʼ ἐστὶ καλὰ καὶ πρέποντα τῇ τοῦ θεοῦ φύσει καὶ μεγαλειότητι, σφόδρα μεμαρτυρήκασι· καὶ γὰρ Πυθαγόρας καὶ Ἀναξαγόρας καὶ Πλάτων οἵ τε μετʼ ἐκεῖνον ἀπὸ τῆς στοᾶς φιλόσοφοι καὶ μικροῦ δεῖν ἅπαντες οὕτως φαίνονται περὶ τῆς τοῦ θεοῦ φύσεως πεφρονηκότες. ἀλλʼ οἱ μὲν πρὸς ὀλίγους φιλοσοφοῦντες εἰς πλήθη δόξαις προκατειλημμένα τὴν ἀλήθειαν τοῦ δόγματος ἐξενεγκεῖν οὐκ ἐτόλμησαν, ὁ δὲ ἡμέτερος νομοθέτης ἅτε δὴ τὰ ἔργα παρέχων σύμφωνα τοῖς λόγοις οὐ μόνον τοὺς καθʼ αὑτὸν ἔπεισεν, ἀλλὰ καὶ τοῖς ἐξ ἐκείνων ἀεὶ γενησομένοις τὴν περὶ θεοῦ πίστιν ἐνέφυσεν ἀμετακίνητον. αἴτιον δʼ ὅτι καὶ τῷ τρόπῳ τῆς νομοθεσίας πρὸς τὸ χρήσιμον πάντων ἀεὶ πολὺ διήνεγκεν· οὐ γὰρ μέρος ἀρετῆς ἐποίησεν τὴν εὐσέβειαν, ἀλλὰ ταύτης μέρη τἆλλα, λέγω δὲ τὴν δικαιοσύνην τὴν σωφροσύνην τὴν καρτερίαν τὴν τῶν πολιτῶν πρὸς ἀλλήλους ἐν ἅπασι συμφωνίαν· ἅπασαι γὰρ αἱ πράξεις καὶ διατριβαὶ καὶ λόγοι πάντες ἐπὶ τὴν πρὸς θεὸν ἡμῖν εὐσέβειαν ἀναφέρουσιν· οὐδὲν γὰρ τούτων ἀνεξέταστον οὐδὲ ἀόριστον παρέλιπεν. δύο μὲν γάρ εἰσιν ἁπάσης παιδείας τρόποι καὶ τῆς περὶ τὰ ἤθη κατασκευῆς, ὧν ὁ μὲν λόγῳ διδασκαλικός, ὁ δὲ διὰ τῆς ἀσκήσεως τῶν ἠθῶν. οἱ μὲν οὖν ἄλλοι νομοθέται ταῖς γνώμαις διέστησαν καὶ τὸν ἕτερον αὐτῶν ὃν ἔδοξεν ἑκάστοις ἑλόμενοι τὸν ἕτερον παρέλιπον, οἷον Λακεδαιμόνιοι μὲν καὶ Κρῆτες ἔθεσιν ἐπαίδευον, οὐ λόγοις, Ἀθηναῖοι δὲ καὶ σχεδὸν οἱ ἄλλοι πάντες Ἕλληνες ἃ μὲν χρὴ πράττειν ἢ μὴ προσέτασσον διὰ τῶν νόμων, τοῦ δὲ πρὸς αὐτὰ διὰ τῶν ἔργων ἐθίζειν ὠλιγώρουν.

173. 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.

173. Ὁ δʼ ἡμέτερος νομοθέτης ἄμφω ταῦτα συνήρμοσεν κατὰ πολλὴν ἐπιμέλειαν· οὔτε γὰρ κωφὴν ἀπέλιπε τὴν τῶν ἠθῶν ἄσκησιν οὔτε τὸν ἐκ τοῦ νόμου λόγον ἄπρακτον εἴασεν, ἀλλʼ εὐθὺς ἀπὸ τῆς πρώτης ἀρξάμενος τροφῆς καὶ τῆς κατὰ τὸν οἶκον ἑκάστων διαίτης οὐδὲν οὐδὲ τῶν βραχυτάτων αὐτεξούσιον ἐπὶ ταῖς βουλήσεσι τῶν χρησομένων κατέλιπεν, ἀλλὰ καὶ περὶ σιτίων, ὅσων ἀπέχεσθαι χρὴ καὶ τίνα προσφέρεσθαι, καὶ περὶ τῶν κοινωνησόντων τῆς διαίτης ἔργων τε συντονίας καὶ τοὔμπαλιν ἀναπαύσεως ὅρον ἔθηκεν αὐτὸς καὶ κανόνα τὸν νόμον, ἵνʼ ὥσπερ ὑπὸ πατρὶ τούτῳ καὶ δεσπότῃ ζῶντες μήτε βουλόμενοι μηθὲν μήθʼ ὑπʼ ἀγνοίας ἁμαρτάνωμεν. οὐδὲ γὰρ τὴν ἀπὸ τῆς ἀγνοίας ὑποτίμησιν κατέλιπεν, ἀλλὰ καὶ κάλλιστον καὶ ἀναγκαιότατον ἀπέδειξε παίδευμα τὸν νόμον, οὐκ εἰσάπαξ ἀκροασομένοις οὐδὲ δὶς ἢ πολλάκις, ἀλλʼ ἑκάστης ἑβδομάδος τῶν ἄλλων ἔργων ἀφεμένους ἐπὶ τὴν ἀκρόασιν ἐκέλευσε τοῦ νόμου συλλέγεσθαι καὶ τοῦτον ἀκριβῶς ἐκμανθάνειν· ὃ δὴ πάντες ἐοίκασιν οἱ νομοθέται παραλιπεῖν.

176. 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.

176. Καὶ τοσοῦτον οἱ πλεῖστοι τῶν ἀνθρώπων ἀπέχουσι τοῦ κατὰ τοὺς οἰκείους νόμους ζῆν, ὥστε σχεδὸν αὐτοὺς οὐδʼ ἴσασιν, ἀλλʼ ὅταν ἐξαμάρτωσιν, τότε παρʼ ἄλλων μανθάνουσιν, ὅτι τὸν νόμον παραβεβήκασιν, οἵ τε τὰς μεγίστας καὶ κυριωτάτας παρʼ αὐτοῖς ἀρχὰς διοικοῦντες ὁμολογοῦσι τὴν ἄγνοιαν· ἐπιστάτας γὰρ παρακαθίστανται τῆς τῶν πραγμάτων οἰκονομίας τοὺς ἐμπειρίαν ἔχειν τῶν νόμων ὑπισχνουμένους. ἡμῶν δὲ ὁντινοῦν τις ἔροιτο τοὺς νόμους ῥᾷον ἂν εἴποι πάντας ἢ τοὔνομα τὸ ἑαυτοῦ. τοιγαροῦν ἀπὸ τῆς πρώτης εὐθὺς αἰσθήσεως αὐτοὺς ἐκμανθάνοντες ἔχομεν ἐν ταῖς ψυχαῖς ὥσπερ ἐγκεχαραγμένους, καὶ σπάνιος μὲν ὁ παραβαίνων, ἀδύνατος δʼ ἡ τῆς κολάσεως παραίτησις.

179. 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.

179. Τοῦτο πρῶτον ἁπάντων τὴν θαυμαστὴν ὁμόνοιαν ἡμῖν ἐμπεποίηκεν· τὸ γὰρ μίαν μὲν ἔχειν καὶ τὴν αὐτὴν δόξαν περὶ θεοῦ, τῷ βίῳ δὲ καὶ τοῖς ἔθεσι μηδὲν ἀλλήλων διαφέρειν, καλλίστην ἐν ἤθεσιν ἀνθρώπων συμφωνίαν ἀποτελεῖ. παρʼ ἡμῖν γὰρ μόνοις οὔτε περὶ θεοῦ λόγους ἀκούσεταί τις ἀλλήλοις ὑπεναντίους, ὁποῖα πολλὰ παρʼ ἑτέροις οὐχ ὑπὸ τῶν τυχόντων μόνον κατὰ τὸ προσπεσὸν ἑκάστῳ λέγεται πάθος, ἀλλὰ καὶ παρά τισι τῶν φιλοσόφων ἀποτετόλμηται, τῶν μὲν τὴν ὅλην τοῦ θεοῦ φύσιν ἀναιρεῖν τοῖς λόγοις ἐπικεχειρηκότων, ἄλλων δὲ τὴν ὑπὲρ ἀνθρώπων αὐτὸν πρόνοιαν ἀφαιρουμένων· οὔτʼ ἐν τοῖς ἐπιτηδεύμασι τῶν βίων ὄψεται διαφοράν, ἀλλὰ κοινὰ μὲν ἔργα πάντων παρʼ ἡμῖν, εἷς δὲ λόγος ὁ τῷ νόμῳ συμφωνῶν περὶ θεοῦ πάντα λέγων ἐκεῖνον ἐφορᾶν. καὶ μὴν περὶ τῶν κατὰ τὸν βίον ἐπιτηδευμάτων, ὅτι δεῖ πάντα τἆλλα τέλος ἔχειν τὴν εὐσέβειαν, καὶ γυναικῶν ἀκούσειεν ἄν τις καὶ τῶν οἰκετῶν.

182. 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.

182. Ὅθεν δὴ καὶ τὸ προφερόμενον ἡμῖν ὑπό τινων ἔγκλημα, τὸ δὴ μὴ καινῶν εὑρετὰς ἔργων ἢ λόγων ἄνδρας παρασχεῖν, ἐντεῦθεν συμβέβηκεν· οἱ μὲν γὰρ ἄλλοι τὸ μηδενὶ τῶν πατρίων ἐμμένειν καλὸν εἶναι νομίζουσι καὶ τοῖς τολμῶσι ταῦτα παραβαίνειν μάλιστα σοφίας δεινότητα μαρτυροῦσιν, ἡμεῖς δὲ τοὐναντίον μίαν εἶναι καὶ φρόνησιν καὶ ἀρετὴν ὑπειλήφαμεν τὸ μηδὲν ὅλως ὑπεναντίον μήτε πρᾶξαι μήτε διανοηθῆναι τοῖς ἐξ ἀρχῆς νομοθετηθεῖσιν. ὅπερ εἰκότως ἂν εἴη τεκμήριον τοῦ κάλλιστα τὸν νόμον τεθῆναι· τὰ γὰρ μὴ τοῦτον ἔχοντα τὸν τρόπον αἱ πεῖραι δεόμενα διορθώσεως ἐλέγχουσιν.

184. 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.

184. Ἡμῖν δὲ τοῖς πεισθεῖσιν ἐξ ἀρχῆς τεθῆναι τὸν νόμον κατὰ θεοῦ βούλησιν οὐδʼ εὐσεβὲς ἦν τοῦτον μὴ φυλάττειν· τί γὰρ αὐτοῦ τις ἂν μετακινήσειεν ἢ τί κάλλιον ἐξεῦρεν ἢ τί παρʼ ἑτέρων ὡς ἄμεινον μετήνεγκεν; ἆρά γε τὴν ὅλην κατάστασιν τοῦ πολιτεύματος; καὶ τίς ἂν καλλίων ἢ δικαιοτέρα γένοιτο τῆς θεὸν μὲν ἡγεμόνα τῶν ὅλων πεποιημένης, τοῖς ἱερεῦσι δὲ κοινῇ μὲν τὰ μέγιστα διοικεῖν ἐπιτρεπούσης, τῷ δὲ πάντων ἀρχιερεῖ πάλιν αὖ πεπιστευκυίας τὴν τῶν ἄλλων ἱερέων ἡγεμονίαν; οὓς οὐ κατὰ πλοῦτον οὐδέ τισιν ἄλλαις προύχοντας αὐτομάτοις πλεονεξίαις τὸ πρῶτον εὐθὺς ὁ νομοθέτης ἐπὶ τὴν τιμὴν ἔταξεν, ἀλλʼ ὅσοι τῶν μετʼ αὐτοῦ πειθοῖ τε καὶ σωφροσύνῃ τῶν ἄλλων διέφερον, τούτοις τὴν περὶ τὸν θεὸν μάλιστα θεραπείαν ἐνεχείρισεν. τοῦτο δʼ ἦν καὶ τοῦ νόμου καὶ τῶν ἄλλων ἐπιτηδευμάτων ἀκριβὴς ἐπιμέλεια· καὶ γὰρ ἐπόπται πάντων καὶ δικασταὶ τῶν ἀμφισβητουμένων καὶ κολασταὶ τῶν κατεγνωσμένων οἱ ἱερεῖς ἐτάχθησαν.

188. 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.

188. Τίς ἂν οὖν ἀρχὴ γένοιτο ταύτης ὁσιωτέρα; τίς δὲ τιμὴ θεῷ μᾶλλον ἁρμόζουσα, παντὸς μὲν τοῦ πλήθους κατεσκευασμένου πρὸς τὴν εὐσέβειαν, ἐξαίρετον δὲ τὴν ἐπιμέλειαν τῶν ἱερέων πεπιστευμένων, ὥσπερ δὲ τελετῆς τινος τῆς ὅλης πολιτείας οἰκονομουμένης; ἃ γὰρ ὀλίγων ἡμερῶν ἀριθμὸν ἐπιτηδεύοντες ἄλλοι φυλάττειν οὐ δύνανται μυστήρια καὶ τελετὰς ἐπονομάζοντες, ταῦτα μεθʼ ἡδονῆς καὶ γνώμης ἀμεταθέτου φυλάττομεν ἡμεῖς διʼ αἰῶνος. τίνες οὖν εἰσιν αἱ προρρήσεις καὶ ἀπαγορεύσεις; ἁπλαῖ τε καὶ γνώριμοι. πρώτη δʼ ἡγεῖται ἡ περὶ θεοῦ λέγουσα, ὁ θεὸς ἔχει τὰ σύμπαντα παντελὴς καὶ μακάριος, αὐτὸς αὑτῷ καὶ πᾶσιν αὐτάρκης, ἀρχὴ καὶ μέσα καὶ τέλος οὗτος τῶν πάντων, ἔργοις μὲν καὶ χάρισιν ἐναργὴς καὶ παντὸς οὗτινος φανερώτερος, μορφὴν δὲ καὶ μέγεθος ἡμῖν ἄφατος· πᾶσα μὲν ὕλη πρὸς εἰκόνα τὴν τούτου κἂν ᾖ πολυτελὴς ἄτιμος, πᾶσα δὲ τέχνη πρὸς μιμήσεως ἐπίνοιαν ἄτεχνος. οὐδὲν ὅμοιον οὔτʼ εἴδομεν οὔτʼ ἐπινοοῦμεν οὔτʼ εἰκάζειν ἐστὶν ὅσιον. ἔργα βλέπομεν αὐτοῦ φῶς οὐρανὸν γῆν ἥλιον ὕδατα ζῴων γενέσεις καρπῶν ἀναδόσεις. ταῦτα θεὸς ἐποίησεν οὐ χερσὶν οὐ πόνοις οὔ τινων συνεργασομένων ἐπιδεηθείς, ἀλλʼ αὐτοῦ θελήσαντος καλῶς ἦν εὐθὺς γεγονότα. τοῦτον θεραπευτέον ἀσκοῦντας ἀρετήν· τρόπος γὰρ θεοῦ θεραπείας οὗτος ὁσιώτατος.

193. 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 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.

193. Εἷς ναὸς ἑνὸς θεοῦ, φίλον γὰρ ἀεὶ παντὶ τὸ ὅμοιον, κοινὸς ἁπάντων κοινοῦ θεοῦ ἁπάντων. τοῦτον θεραπεύσουσιν μὲν διὰ παντὸς οἱ ἱερεῖς, ἡγήσεται δὲ τούτων ὁ πρῶτος ἀεὶ κατὰ γένος. οὗτος μετὰ τῶν συνιερέων θύσει τῷ θεῷ, φυλάξει τοὺς νόμους, δικάσει περὶ τῶν ἀμφισβητουμένων, κολάσει τοὺς ἐλεγχθέντας. ὁ τούτῳ μὴ πειθόμενος ὑφέξει δίκην ὡς εἰς θεὸν αὐτὸν ἀσεβῶν. θύομεν τὰς θυσίας οὐκ εἰς μέθην ἑαυτοῖς, ἀβούλητον γὰρ θεῷ τόδε, ἀλλʼ εἰς σωφροσύνην. καὶ ἐπὶ ταῖς θυσίαις χρὴ πρῶτον ὑπὲρ τῆς κοινῆς εὔχεσθαι σωτηρίας, εἶθʼ ὑπὲρ ἑαυτῶν· ἐπὶ γὰρ κοινωνίᾳ γεγόναμεν καὶ ταύτην ὁ προτιμῶν τοῦ καθʼ αὑτὸν ἰδίου μάλιστα θεῷ κεχαρισμένος. δέησις δʼ ἔστω πρὸς τὸν θεόν, οὐχ ὅπως δῷ τἀγαθά, δέδωκεν γὰρ αὐτὸς ἑκὼν καὶ πᾶσιν εἰς μέσον κατατέθεικεν, ἀλλʼ ὅπως δέχεσθαι δυνώμεθα καὶ λαβόντες φυλάττωμεν. ἁγνείας ἐπὶ ταῖς θυσίαις διείρηκεν ὁ νόμος ἀπὸ κήδους ἀπὸ λέχους ἀπὸ κοινωνίας τῆς πρὸς γυναῖκα καὶ πολλῶν ἄλλων. [ἃ μακρὸν ἂν εἴη γράφειν. τοιοῦτος μὲν ὁ περὶ θεοῦ καὶ τῆς ἐκείνου θεραπείας λόγος ἡμῖν ἐστιν, ὁ δʼ αὐτὸς ἅμα καὶ νόμος.]

199. 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.” 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.

199. Τίνες δʼ οἱ περὶ γάμων νόμοι; μῖξιν μόνην οἶδεν ὁ νόμος τὴν κατὰ φύσιν τὴν πρὸς γυναῖκα καὶ ταύτην, εἰ μέλλοι τέκνων ἕνεκα γίνεσθαι. τὴν δὲ πρὸς ἄρρενας ἀρρένων ἐστύγηκεν καὶ θάνατος τοὐπιτίμιον, εἴ τις ἐπιχειρήσειεν. γαμεῖν δὲ κελεύει μὴ προικὶ προσέχοντας μηδὲ βιαίοις ἁρπαγαῖς μηδʼ αὖ δόλῳ καὶ ἀπάτῃ πείσαντας, ἀλλὰ μνηστεύειν παρὰ τοῦ δοῦναι κυρίου καὶ κατὰ συγγένειαν ἐπιτηδείου. γυνὴ χείρων, φησίν, ἀνδρὸς εἰς ἅπαντα. τοιγαροῦν ὑπακουέτω, μὴ πρὸς ὕβριν, ἀλλʼ ἵνʼ ἄρχηται· θεὸς γὰρ ἀνδρὶ τὸ κράτος ἔδωκεν. ταύτῃ συνεῖναι δεῖ τὸν γήμαντα μόνῃ, τὸ δὲ τὴν ἄλλου πειρᾶν ἀνόσιον. εἰ δέ τις τοῦτο πράξειεν, οὐδεμία θανάτου παραίτησις, οὔτʼ εἰ βιάσαιτο παρθένον ἑτέρῳ προωμολογημένην, οὔτʼ εἰ πείσειεν γεγαμημένην. τέκνα τρέφειν ἅπαντα προσέταξεν, καὶ γυναιξὶν ἀπεῖπεν μήτʼ ἀμβλοῦν τὸ σπαρὲν μήτε διαφθείρειν ἀλλὰ ἢν φανείη τεκνοκτόνος ἂν εἴη ψυχὴν ἀφανίζουσα καὶ τὸ γένος ἐλαττοῦσα. τοιγαροῦν οὐδʼ εἴ τις ἐπὶ λέχους φθορὰν παρέλθοι, καθαρὸς εἶναι τότε προσήκει. καὶ μετὰ τὴν νόμιμον συνουσίαν ἀνδρὸς καὶ γυναικὸς ἀπολούσασθαι· ψυχῆς γὰρ ἔχειν τοῦτο μερισμὸν πρὸς ἄλλην χώραν ὑπέλαβεν· καὶ γὰρ ἐμφυομένη σώμασιν κακοπαθεῖ καὶ τούτων αὖ θανάτῳ διακριθεῖσα. διόπερ ἁγνείας ἐπὶ πᾶσι τοῖς τοιούτοις ἔταξεν.

204. 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.

204. Οὐ μὴν οὐδʼ ἐπὶ ταῖς τῶν παίδων γενέσεσιν ἐπέτρεψεν εὐωχίας συντελεῖν καὶ προφάσεις ποιεῖσθαι μέθης, ἀλλὰ σώφρονα τὴν ἀρχὴν εὐθὺς τῆς τροφῆς ἔταξε. καὶ γράμματα παιδεύειν ἐκέλευσεν τὰ περὶ τοὺς νόμους καὶ τῶν προγόνων τὰς πράξεις ἐπίστασθαι, τὰς μὲν ἵνα μιμῶνται, τοῖς δʼ ἵνα συντρεφόμενοι μήτε παραβαίνωσι μήτε σκῆψιν ἀγνοίας ἔχωσι.

205. 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.

205. Τῆς εἰς τοὺς τετελευτηκότας προυνόησεν ὁσίας οὐ πολυτελείαις ἐνταφίων οὐ κατασκευαῖς μνημείων ἐπιφανῶν, ἀλλὰ τὰ μὲν περὶ τὴν κηδείαν τοῖς οἰκειοτάτοις ἐπιτελεῖν, πᾶσι δὲ τοῖς παριοῦσι καὶ προσελθεῖν καὶ συναποδύρασθαι. καθαίρειν δὲ καὶ τὸν οἶκον καὶ τοὺς ἐνοικοῦντας ἀπὸ κήδους, ἵνα πλεῖστον ἀπέχῃ τοῦ δοκεῖν καθαρὸς εἶναί τις φόνον ἐργασάμενος.

206. 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.

206. Γονέων τιμὴν μετὰ τὴν πρὸς θεὸν δευτέραν ἔταξεν καὶ τὸν οὐκ ἀμειβόμενον τὰς παρʼ αὐτῶν χάριτας ἀλλʼ εἰς ὁτιοῦν ἐλλείποντα λευσθησόμενον παραδίδωσι. καὶ παντὸς τοῦ πρεσβυτέρου τιμὴν ἔχειν τοὺς νέους φησίν, ἐπεὶ πρεσβύτατον ὁ θεός. κρύπτειν οὐδὲν ἐᾷ πρὸς φίλους· οὐ γὰρ εἶναι φιλίαν τὴν μὴ πάντα πιστεύουσαν. κἂν συμβῇ τις ἔχθρα, τἀπόρρητα λέγειν κεκώλυκε. δικάζων εἰ δῶρα τις λάβοι, θάνατος ἡ ζημία. περιορῶν ἱκέτην βοηθεῖν ἐνὸν ὑπεύθυνος. ὃ μὴ κατέθηκέν τις οὐκ ἀναιρήσεται, τῶν ἀλλοτρίων οὐδενὸς ἅψεται, τόκον οὐ λήψεται. [ταῦτα καὶ πολλὰ τούτοις ὅμοια τὴν πρὸς ἀλλήλους ἡμῶν συνέχει κοινωνίαν] Πῶς δὲ καὶ τῆς πρὸς ἀλλοφύλους ἐπιεικείας ἐφρόντισεν ὁ νομοθέτης, ἄξιον ἰδεῖν, [φανεῖται γὰρ ἄριστα πάντων προνοησάμενος] ὅπως μήτε τὰ οἰκεῖα διαφθείρωμεν μήτε φθονήσωμεν τοῖς μετέχειν τῶν ἡμετέρων προαιρουμένοις.

209. 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.

209. ὅσοι μὲν γὰρ θέλουσιν ὑπὸ τοὺς αὐτοὺς ἡμῖν νόμους ζῆν ὑπελθόντες δέχεται φιλοφρόνως, οὐ τῷ γένει μόνον, ἀλλὰ καὶ τῇ προαιρέσει τοῦ βίου νομίζων εἶναι τὴν οἰκειότητα. τοὺς δʼ ἐκ παρέργου προσιόντας ἀναμίγνυσθαι τῇ συνηθείᾳ οὐκ ἠθέλησεν.

211. 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.

211. Τἆλλα δὲ προείρηκεν, ὧν ἡ μετάδοσίς ἐστιν ἀναγκαία· πᾶσι παρέχειν τοῖς δεομένοις πῦρ ὕδωρ τροφήν, ὁδοὺς φράζειν, ἄταφον μὴ περιορᾶν, ἐπιεικεῖς δὲ καὶ τὰ πρὸς τοὺς πολεμίους κριθέντας εἶναι· οὐ γὰρ ἐᾷ τὴν γῆν αὐτῶν πυρπολεῖν οὐδὲ τέμνειν ἥμερα δένδρα, ἀλλὰ καὶ σκυλεύειν ἀπείρηκεν τοὺς ἐν τῇ μάχῃ πεσόντας, καὶ τῶν αἰχμαλώτων προυνόησεν, ὅπως αὐτῶν ὕβρις ἀπῇ, μάλιστα δὲ γυναικῶν. οὕτως δʼ ἡμερότητα καὶ φιλανθρωπίαν ἡμᾶς ἐξεπαίδευσεν, ὡς μηδὲ τῶν ἀλόγων ζῴων ὀλιγωρεῖν, ἀλλὰ μόνην ἐφῆκε τούτων χρῆσιν τὴν νόμιμον, πᾶσαν δʼ ἑτέραν ἐκώλυσεν· ἃ δʼ ὥσπερ ἱκετεύοντα προσφεύγει ταῖς οἰκίαις ἀπεῖπεν ἀνελεῖν. οὐδὲ νεοττοῖς τοὺς γονέας αὐτῶν ἐπέτρεψε συνεξαιρεῖν, φείδεσθαι δὲ κἀν τῇ πολεμίᾳ τῶν ἐργαζομένων ζῴων καὶ μὴ φονεύειν. οὕτως πανταχόθεν τὰ πρὸς ἐπιείκειαν περιεσκέψατο, διδασκαλικοῖς μὲν τοῖς προειρημένοις χρησάμενος νόμοις, τοὺς δʼ αὖ κατὰ τῶν παραβαινόντων τιμωρητικοὺς τάξας ἄνευ προφάσεως.

215. 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.

215. Ζημία γὰρ ἐπὶ τοῖς πλείστοις τῶν παραβαινόντων ὁ θάνατος, ἂν μοιχεύσῃ τις, ἂν βιάσηται κόρην, ἂν ἄρρενι τολμήσῃ πεῖραν προσφέρειν, ἂν ὑπομείνῃ παθεῖν ὁ πειρασθείς. ἔστι δὲ καὶ ἐπὶ δούλοις ὁμοίως ὁ νόμος ἀπαραίτητος. ἀλλὰ καὶ περὶ μέτρων ἤν τις κακουργήσῃ ἢ σταθμῶν ἢ περὶ πράσεως ἀδίκου καὶ δόλῳ γενομένης, κἂν ὑφέληταί τις ἀλλότριον, κἂν ὃ μὴ κατέθηκεν ἀνέληται, πάντων εἰσὶ κολάσεις οὐχ οἷαι παρʼ ἑτέροις, ἀλλʼ ἐπὶ τὸ μεῖζον. περὶ μὲν γὰρ γονέων ἀδικίας ἢ τῆς εἰς θεὸν ἀσεβείας κἂν μελλήσῃ τις, εὐθὺς ἀπόλλυται. τοῖς μέντοι γε νομίμως βιοῦσι γέρας ἐστὶν οὐκ ἄργυρος οὐδὲ χρυσὸς οὐ κοτίνου στέφανος ἢ σελίνου καὶ τοιαύτη τις ἀνακήρυξις, ἀλλʼ αὐτὸς ἕκαστος αὑτῷ τὸ συνειδὸς ἔχων μαρτυροῦν πεπίστευκεν, τοῦ μὲν νομοθέτου προφητεύσαντος, τοῦ δὲ θεοῦ τὴν πίστιν ἰσχυρὰν παρεσχηκότος, ὅτι τοῖς τοὺς νόμους διαφυλάξασι κἂν εἰ δέοι θνήσκειν ὑπὲρ αὐτῶν προθύμως ἀποθανεῖν ἔδωκεν ὁ θεὸς γενέσθαι τε πάλιν καὶ βίον ἀμείνω λαβεῖν ἐκ περιτροπῆς. ὤκνουν δʼ ἂν ἐγὼ ταῦτα γράφειν, εἰ μὴ διὰ τῶν ἔργων ἅπασιν ἦν φανερόν, ὅτι πολλοὶ καὶ πολλάκις ἤδη τῶν ἡμετέρων περὶ τοῦ μηδὲ ῥῆμα φθέγξασθαι παρὰ τὸν νόμον πάντα παθεῖν γενναίως προείλοντο.

220. 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. 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. 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.

220. [Κἂν τε τι μὴ συμβεβήκει γνώριμον ἡμῶν τὸ ἔθνος ἅπασιν ἀνθρώποις ὑπάρχει κἀν φανερῷ κεῖσθαι τὴν ἐθελούσιον ἡμῶν τοῖς νόμοις ἀκολουθίαν,] ἀλλά τις ἢ συγγράψαι λόγος αὐτοῖς ἀνεγίνωσκε τοῖς Ἕλλησιν ἤ που περιτυχεῖν ἔξω τῆς γινωσκομένης γῆς ἔφασκεν ἀνθρώποις τοιαύτην μὲν ἔχουσι δόξαν οὕτω σεμνὴν περὶ θεοῦ, τοιούτοις δὲ νόμοις πολὺν αἰῶνα βεβαίως ἐμμεμενηκόσι, πάντας ἂν οἶμαι θαυμάσαι διὰ τὰς συνεχεῖς παρʼ αὐτοῖς μεταβολάς. ἀμέλει τῶν γράψαι τι παραπλήσιον εἰς πολιτείαν καὶ νόμους ἐπιχειρησάντων ὡς θαυμαστὰ συνθέντων κατηγοροῦσι, φάσκοντες αὐτοὺς λαβεῖν ἀδυνάτους ὑποθέσεις. καὶ τοὺς μὲν ἄλλους παραλείπω φιλοσόφους, ὅσοι τι τοιοῦτον ἐν τοῖς γράμμασιν ἐπραγματεύσαντο, Πλάτων δὲ θαυμαζόμενος παρὰ τοῖς Ἕλλησιν ὡς καὶ σεμνότητι βίου διενεγκὼν καὶ δυνάμει λόγων καὶ πειθοῖ πάντας ὑπεράρας τοὺς ἐν φιλοσοφίᾳ γεγονότας, ὑπὸ τῶν φασκόντων δεινῶν εἶναι τὰ πολιτικὰ μικροῦ δεῖν χλευαζόμενος καὶ κωμῳδούμενος διατελεῖ. καίτοι τἀκείνου σκοπῶν συχνῶς τις ἂν εὕροι ῥᾷον καὶ ταῖς τῶν πολλῶν ἔγγιον συνηθείαις, αὐτὸς δὲ Πλάτων ὡμολόγηκεν, ὅτι τὴν ἀληθῆ περὶ θεοῦ δόξαν εἰς τὴν τῶν ὄχλων ἄνοιαν οὐκ ἦν ἀσφαλὲς ἐξενεγκεῖν. ἀλλὰ τὰ μὲν Πλάτωνος λόγους τινὲς εἶναι κενοὺς νομίζουσι κατὰ πολλὴν ἐξουσίαν κεκαλλιγραφημένους, μάλιστα δὲ τῶν νομοθετῶν Λυκοῦργον τεθαυμάκασι καὶ τὴν Σπάρτην ἅπαντες ὑμνοῦσιν, ὅτι τοῖς ἐκείνου νόμοις ἐπὶ πλεῖστον ἐνεκαρτέρησαν. οὐκοῦν τοῦτο μὲν ὡμολογήσθω τεκμήριον ἀρετῆς εἶναι τὸ πείθεσθαι τοῖς νόμοις· οἱ δὲ Λακεδαιμονίους θαυμάζοντες τὸν ἐκείνων χρόνον ἀντιπαραβαλλέτωσαν τοῖς πλείοσιν ἢ δισχιλίοις ἔτεσι τῆς ἡμετέρας πολιτείας, καὶ προσέτι λογιζέσθωσαν, ὅτι Λακεδαιμόνιοι ὅσον ἐφʼ ἑαυτῶν χρόνον εἶχον τὴν ἐλευθερίαν ἀκριβῶς ἔδοξαν τοὺς νόμους διαφυλάττειν, ἐπεὶ μέντοι περὶ αὐτοὺς ἐγένοντο μεταβολαὶ τῆς τύχης, μικροῦ δεῖν ἁπάντων ἐπελάθοντο τῶν νόμων. ἡμεῖς δʼ ἐν τύχαις γεγονότες μυρίαις διὰ τὰς τῶν βασιλευσάντων τῆς Ἀσίας μεταβολὰς οὐδʼ ἐν τοῖς ἐσχάτοις τῶν δεινῶν τοὺς νόμους προύδομεν οὐκ ἀργίας οὐδὲ τρυφῆς αὐτοὺς χάριν περιέποντες, ἀλλʼ εἴ τις ἐθέλοι σκοπεῖν, πολλῷ τινι τῆς δοκούσης ἐπιτετάχθαι Λακεδαιμονίοις καρτερίας μείζονας ἄθλους καὶ πόνους ἡμῖν ἐπιτεθέντας * οἱ μέν γε μήτε γῆν ἐργαζόμενοι μήτε περὶ τέχνας πονοῦντες ἀλλὰ πάσης ἐργασίας ἄφετοι λιπαροὶ καὶ τὰ σώματα πρὸς κάλλος ἀσκοῦντες ἐπὶ τῆς πόλεως διῆγον, ἄλλοις ὑπηρέταις πρὸς ἅπαντα τὰ τοῦ βίου χρώμενοι καὶ τὴν τροφὴν ἑτοίμην παρʼ ἐκείνων λαμβάνοντες, ἐφ ἣν δὴ τοῦτο μόνον τὸ καλὸν ἔργον καὶ φιλάνθρωπον ἅπαντα καὶ πράττειν καὶ πάσχειν ὑπομένοντες τὸ κρατεῖν πάντων, ἐφʼ οὓς ἂν στρατεύωσιν. ὅτι δὲ μηδὲ τοῦτο κατώρθωσαν, ἐῶ λέγειν· οὐ γὰρ καθʼ ἕνα μόνον, ἀλλὰ πολλοὶ πολλάκις ἀθρόως τῶν τοῦ νόμου προσταγμάτων ἀμελήσαντες αὑτοὺς μετὰ τῶν ὅπλων παρέδοσαν τοῖς πολεμίοις.