---
title: "Jewish Antiquities · Ἰουδαϊκὴ ἀρχαιολογία"
author: "Josephus"
translator: "William Whiston"
languages: [grc, en]
shelf: "Second Temple"
section: 17 of 96
url: https://scriptura.si/works/josephus-jewish-antiquities-greek/17/
cite: "Josephus, tr. William Whiston, Jewish Antiquities · Ἰουδαϊκὴ ἀρχαιολογία, section 17. Scriptura (scriptura.si), https://scriptura.si/works/josephus-jewish-antiquities-greek/17/"
---

# Jewish Antiquities · Ἰουδαϊκὴ ἀρχαιολογία

*Josephus, tr. William Whiston*

The history of the Jews from the Creation to the eve of the revolt, in twenty books, with the passages on John the Baptist and Jesus: Niese’s Greek beside Whiston’s English.

> Greek: ed. Benedikt Niese, from the Perseus Digital Library (canonical-greekLit, tlg0526.tlg001, CC BY-SA 4.0).

> English: William Whiston, from the Perseus Digital Library (tlg0526.tlg001.perseus-eng2). Notes are not included.

> Rows follow the references the two texts share (books, chapters and sections), cut where both reach the end of a sentence.

## 17. Book IV · sections 166–244

Source: https://scriptura.si/works/josephus-jewish-antiquities-greek/17/ · cite a paragraph as https://scriptura.si/works/josephus-jewish-antiquities-greek/17/#p-N

[¶0] 166. At this time it was that the two tribes of Gad and Reuben, and the half tribe of Manasseh, abounded in a multitude of cattle, as well as in all other kinds of prosperity; whence they had a meeting, and in a body came and besought Moses to give them, as their peculiar portion, that land of the Amorites which they had taken by right of war, because it was fruitful, and good for feeding of cattle; but Moses, supposing that they were afraid of fighting with the Canaanites, and invented this provision for their cattle as a handsome excuse for avoiding that war, he called them arrant cowards, and said they had only contrived a decent excuse for that cowardice; and that they had a mind to live in luxury and ease, while all the rest were laboring with great pains to obtain the land they were desirous to have; and that they were not willing to march along, and undergo the remaining hard service, whereby they were, under the Divine promise, to pass over Jordan, and overcome those our enemies which God had shown them, and so obtain their land. But these tribes, when they saw that Moses was angry with them, and when they could not deny but he had a just cause to be displeased at their petition, made an apology for themselves; and said, that it was not on account of their fear of dangers, nor on account of their laziness, that they made this request to him, but that they might leave the prey they had gotten in places of safety, and thereby might be more expedite, and ready to undergo difficulties, and to fight battles. They added this also, that when they had built cities, wherein they might preserve their children, and wives, and possessions, if he would bestow them upon them, they would go along with the rest of the army. Hereupon Moses was pleased with what they said; so he called for Eleazar the high priest, and Joshua, and the chief of the tribes, and permitted these tribes to possess the land of the Amorites; but upon this condition, that they should join with their kinsmen in the war until all things were settled. Upon which condition they took possession of the country, and built them strong cities, and put into them their children and their wives, and whatsoever else they had that might be an impediment to the labors of their future marches.

> Greek: 166. Κἀν τούτῳ δύο φυλαὶ Γαδίς τε καὶ Ῥουβήλου καὶ τῆς Μανασσίτιδος ἡμίσεια πλήθει τετραπόδων εὐδαιμονοῦντες καὶ τοῖς ἄλλοις ἅπασι, κοινολογησάμενοι παρεκάλουν τὸν Μωυσῆν ἐξαίρετον αὐτοῖς τὴν Ἀμορῖτιν παρασχεῖν δορίκτητον οὖσαν· ἀγαθὴν γὰρ εἶναι βοσκήματα τρέφειν. ὁ δʼ ὑπολαβὼν αὐτοὺς δείσαντας τὴν πρὸς Χαναναίους μάχην πρόφασιν εὐπρεπῆ τὴν τῶν βοσκημάτων ἐπιμέλειαν εὑρῆσθαι κακίστους τε ἀπεκάλει καὶ δειλίας εὐσχήμονα πρόφασιν ἐπινοήσαντας αὐτοὺς μὲν βούλεσθαι τρυφᾶν ἀπόνως διάγοντας πάντων τεταλαιπωρηκότων ὑπὲρ τοῦ κτήσασθαι τὴν αἰτουμένην ὑπʼ αὐτῶν γῆν, μὴ θέλειν δὲ συναραμένους τῶν ἐπιλοίπων ἀγώνων γῆν ἣν διαβᾶσιν αὐτοῖς τὸν Ἰορδάνην ὁ θεὸς παραδώσειν ὑπέσχηται ταύτην λαβεῖν καταστρεψαμένους οὓς ἐκεῖνος ἀπέδειξεν ἡμῖν πολεμίους. οἱ δʼ ὁρῶντες ὀργιζόμενον αὐτὸν καὶ δικαίως ἠρεθίσθαι πρὸς τὴν ἀξίωσιν αὐτῶν ὑπολαβόντες ἀπελογοῦντο μὴ διὰ φόβον κινδύνων μηδὲ διὰ τὴν πρὸς τὸ πονεῖν μαλακίαν πεποιῆσθαι τὴν αἴτησιν, ἀλλʼ ὅπως τὴν λείαν ἐν ἐπιτηδείοις καταλιπόντες εὔζωνοι πρὸς τοὺς ἀγῶνας καὶ τὰς μάχας χωρεῖν δύναιντο, ἑτοίμους τε ἔλεγον ἑαυτοὺς κτίσαντας πόλεις εἰς φυλακὴν τέκνων καὶ γυναικῶν καὶ κτήσεως αὐτοῦ διδόντος συναπιέναι τῷ στρατῷ. καὶ Μωυσῆς ἀρεσθεὶς τῷ λόγῳ καλέσας Ἐλεάζαρον τὸν ἀρχιερέα καὶ Ἰησοῦν καὶ τοὺς ἐν τέλει πάντας συνεχώρει τὴν Ἀμορρῖτιν αὐτοῖς ἐπὶ τῷ συμμαχῆσαι τοῖς συγγενέσιν, ἕως ἂν καταστήσωνται τὰ πάντα. λαβόντες οὖν ἐπὶ τούτοις τὴν χώραν καὶ κτίσαντες πόλεις καρτερὰς τέκνα τε καὶ γυναῖκας καὶ τἆλλα ὅσα συμπεριάγειν μέλλουσιν αὐτοῖς ἂν ἦν ἐμπόδια τοῦ πονεῖν ἀπέθεντο εἰς αὐτάς.

[¶1] 172. Moses also now built those ten cities which were to be of the number of the forty-eight [for the Levites;]; three of which he allotted to those that slew any person involuntarily, and fled to them; and he assigned the same time for their banishment with that of the life of that high priest under whom the slaughter and flight happened; after which death of the high priest he permitted the slayer to return home. During the time of his exile, the relations of him that was slain may, by this law, kill the manslayer, if they caught him without the bounds of the city to which he fled, though this permission was not granted to any other person. Now the cities which were set apart for this flight were these: Bezer, at the borders of Arabia; Ramoth, of the land of Gilead; and Golan, in the land of Bashan. There were to be also, by Moses’s command, three other cities allotted for the habitation of these fugitives out of the cities of the Levites, but not till after they should be in possession of the land of Canaan.

> Greek: 172. Οἰκοδομεῖ δὲ καὶ Μωυσῆς τὰς δέκα πόλεις τὰς εἰς τὸν ἀριθμὸν τῶν ὀκτὼ καὶ τεσσαράκοντα γενησομένας, ὧν τρεῖς ἀπέδειξε τοῖς ἐπʼ ἀκουσίῳ φόνῳ φευξομένοις, καὶ χρόνον ἔταξεν εἶναι τῆς φυγῆς τὸν αὐτὸν τῷ ἀρχιερεῖ, ἐφʼ οὗ δράσας τις τὸν φόνον ἔφυγε. μεθʼ ὃν συνεχώρει τελευτήσαντα κάθοδον, ἐχόντων ἐξουσίαν τῶν τοῦ πεφονευμένου συγγενῶν κτείνειν, εἰ λάβοιεν ἔξω τῶν ὅρων τῆς πόλεως εἰς ἣν ἔφυγε τὸν πεφονευκότα· ἑτέρῳ δὲ οὐκ ἐπετέτραπτο. αἱ δὲ πόλεις αἱ πρὸς τὰς φυγὰς ἀποδεδειγμέναι ἦσαν αἵδε· Βοσάρα μὲν ἐπὶ τοῖς ὁρίοις τῆς Ἀραβίας, Ἀρίμανον δὲ τῆς Γαλαδηνῶν γῆς, καὶ Γαυλανὰν δʼ ἐν τῇ Βατανίδι. κτησαμένων δʼ αὐτῶν καὶ τὴν Χαναναίων γῆν τρεῖς ἕτεραι πόλεις ἔμελλον ἀνατεθήσεσθαι τῶν Λευίτιδων πόλεων τοῖς φυγάσιν εἰς κατοικισμὸν Μωυσέος ἐπιστείλαντος.

[¶2] 174. At this time the chief men of the tribe of Manasseh came to Moses, and informed him that there was an eminent man of their tribe dead, whose name was Zelophehad, who left no male children, but left daughters; and asked him whether these daughters might inherit his land or not. He made this answer, That if they shall marry into their own tribe, they shall carry their estate along with them; but if they dispose of themselves in marriage to men of another tribe, they shall leave their inheritance in their father’s tribe. And then it was that Moses ordained, that every one’s inheritance should continue in his own tribe.

> Greek: 174. Μωυσῆς δὲ προσελθόντων αὐτῷ τῶν πρώτων τῆς Μανασσίτιδος φυλῆς καὶ δηλούντων μὲν ὡς τεθνήκοι τις τῶν φυλετῶν ἐπίσημος ἀνὴρ Σωλοφάντης ὄνομα, παῖδας μὲν οὐ καταλιπὼν ἄρσενας θυγατέρας δέ τοι, καὶ πυθομένων εἰ τούτων ὁ κλῆρος ἔσοιτο, φησίν, εἰ μὲν μέλλουσί τινι συνοικεῖν τῶν φυλετῶν, μετὰ τοῦ κλήρου πρὸς αὐτοὺς ἀπιέναι, εἰ δʼ ἐξ ἄλλης γαμοῖντό τισι φυλῆς, τὸν κλῆρον ἐν τῇ πατρῴᾳ φυλῇ καταλιπεῖν. καὶ τότε μένειν ἑκάστου τὸν κλῆρον ἐν τῇ φυλῇ διετάξατο.

[¶3] 176. WHEN forty years were completed, within thirty days, Moses gathered the congregation together near Jordan, where the city Abila now stands, a place full of palm-trees; and all the people being come together, he spake thus to them: - “O you Israelites and fellow soldiers, who have been partners with me in this long and uneasy journey; since it is now the will of God, and the course of old age, at a hundred and twenty, requires it that I should depart out of this life; and since God has forbidden me to be a patron or an assistant to you in what remains to be done beyond Jordan; I thought it reasonable not to leave off my endeavors even now for your happiness, but to do my utmost to procure for you the eternal enjoyment of good things, and a memorial for myself, when you shall be in the fruition of great plenty and prosperity. Come, therefore, let me suggest to you by what means you may he happy, and may leave an eternal prosperous possession thereof to your children after you, and then let me thus go out of the world; and I cannot but deserve to be believed by you, both on account of the great things I have already done for you, and because, when souls are about to leave the body, they speak with the sincerest freedom. O children of Israel! there is but one source of happiness for all mankind, the favor of God for he alone is able to give good things to those that deserve them, and to deprive those of them that sin against him; towards whom, if you behave yourselves according to his will, and according to what I, who well understand his mind, do exhort you to, you will both be esteemed blessed, and will be admired by all men; and will never come into misfortunes, nor cease to be happy: you will then preserve the possession of the good things you already have, and will quickly obtain those that you are at present in want of, - only do you be obedient to those whom God would have you to follow. Nor do you prefer any other constitution of government before the laws now given you; neither do you disregard that way of Divine worship which you now have, nor change it for any other form: and if you do this, you will be the most courageous of all men, in undergoing the fatigues of war, and will not be easily conquered by any of your enemies; for while God is present with you to assist you, it is to be expected that you will be able to despise the opposition of all mankind; and great rewards of virtue are proposed for you, if you preserve that virtue through your whole lives. Virtue itself is indeed the principal and the first reward, and after that it bestows abundance of others; so that your exercise of virtue towards other men will make your own lives happy, and render you more glorious than foreigners can be, and procure you an undisputed reputation with posterity. These blessings you will be able to obtain, in case you hearken to and observe those laws which, by Divine revelation, I have ordained for you; that is, in case you withal meditate upon the wisdom that is in them. I am going from you myself, rejoicing in the good things you enjoy; and I recommend you to the wise conduct of your law, to the becoming order of your polity, and to the virtues of your commanders, who will take care of what is for your advantage. And that God, who has been till now your Leader, and by whose goodwill I have myself been useful to you, will not put a period now to his providence over you, but as long as you desire to have him your Protector in your pursuits after virtue, so long will you enjoy his care over you. Your high priest also Eleazar, as well as Joshua, with the senate, and chief of your tribes, will go before you, and suggest the best advices to you; by following which advices you will continue to be happy: to whom do you give ear without reluctance, as sensible that all such as know well how to be governed, will also know how to govern, if they be promoted to that authority themselves. And do not you esteem liberty to consist in opposing such directions as your governors think fit to give you for your practice, - as at present indeed you place your liberty in nothing else but abusing your benefactors; which error if you can avoid for the time to come, your affairs will be in a better condition than they have hitherto been. Nor do you ever indulge such a degree of passion in these matters, as you have oftentimes done when you have been very angry at me; for you know that I have been oftener in danger of death from you than from our enemies. What I now put you in mind of, is not done in order to reproach you; for I do not think it proper, now I am going out of the world, to bring this to your remembrance, in order to leave you offended at me, since, at the time when I underwent those hardships from you, I was not angry at you; but I do it in order to make you wiser hereafter, and to teach you that this will be for your security; I mean, that you never be injurious to those that preside over you, even when you are become rich, as you will he to a great degree when you have passed over Jordan, and are in possession of the land of Canaan. Since, when you shall have once proceeded so far by your wealth, as to a contempt and disregard of virtue, you will also forfeit the favor of God; and when you have made him your enemy, you will be beaten in war, and will have the land which you possess taken away again from you by your enemies, and this with great reproaches upon your conduct. You will be scattered over the whole world, and will, as slaves, entirely fill both sea and land; and when once you have had the experience of what I now say, you will repent, and remember the laws you have broken, when it is too late. Whence I would advise you, if you intend to preserve these laws, to leave none of your enemies alive when you have conquered them, but to look upon it as for your advantage to destroy them all, lest, if you permit them to live, you taste of their manners, and thereby corrupt your own proper institutions. I also do further exhort you, to overthrow their altars, and their groves, and whatsoever temples they have among them, and to burn all such, their nation, and their very memory with fire; for by this means alone the safety of your own happy constitution can be firmly secured to you. And in order to prevent your ignorance of virtue, and the degeneracy of your nature into vice, I have also ordained you laws, by Divine suggestion, and a form of government, which are so good, that if you regularly observe them, you will be esteemed of all men the most happy.”

> Greek: 176. Τῶν δὲ τεσσαράκοντα ἐτῶν παρὰ τριάκοντα ἡμέρας συμπεπληρωμένων Μωυσῆς ἐκκλησίαν ἐπὶ τῷ Ἰορδάνῃ συναγαγών, ὅπου νῦν πόλις ἐστὶν Ἀβίλη, φοινικόφυτον δʼ ἐστὶ τὸ χωρίον, συνελθόντος τοῦ λαοῦ παντὸς λέγει τοιάδε· Ἄνδρες συστρατιῶται καὶ τῆς μακρᾶς κοινωνοὶ ταλαιπωρίας, ἐπεὶ τῷ θεῷ δοκοῦν ἤδη καὶ τῷ γήρᾳ χρόνον ἐτῶν εἴκοσι καὶ ἑκατὸν ἠνυσμένον δεῖ με τοῦ ζῆν ἀπελθεῖν καὶ τῶν πέρα τοῦ Ἰορδάνου πραχθησομένων οὐ μέλλω βοηθὸς ὑμῖν ἔσεσθαι καὶ σύμμαχος κωλυόμενος ὑπὸ τοῦ θεοῦ, δίκαιον ἡγησάμην μηδὲ νῦν ἐγκαταλιπεῖν τοὐμὸν ὑπὲρ τῆς ὑμετέρας εὐδαιμονίας πρόθυμον, ἀλλʼ ἀίδιόν τε ὑμῖν πραγματεύσασθαι τὴν τῶν ἀγαθῶν ἀπόλαυσιν, καὶ μνήμην ἐμαυτῷ γενομένων ὑμῶν ἐν ἀφθονίᾳ τῶν κρειττόνων. φέρε οὖν ὑποθέμενος ὃν τρόπον ὑμεῖς τʼ ἂν εὐδαιμονήσαιτε καὶ παισὶ τοῖς αὑτῶν καταλίποιτε κτῆσιν ἀγαθῶν ἀίδιον παραθέμενος οὕτως ἀπέλθω τοῦ βίου. πιστεύεσθαι δὲ ἄξιός εἰμι διά τε τὰς πρότερον ὑπὲρ ὑμῶν φιλοτιμίας καὶ διὰ τὸ τὰς ψυχὰς ἐπὶ τελευτῇ γιγνομένας μετʼ ἀρετῆς πάσης ὁμιλεῖν. ὦ παῖδες Ἰσραήλου, μία πᾶσιν ἀνθρώποις ἀγαθῶν κτήσεως αἰτία ὁ θεὸς εὐμενής· μόνος γὰρ οὗτος δοῦναί τε ταῦτα τοῖς ἀξίοις καὶ ἀφελέσθαι τῶν ἁμαρτανόντων εἰς αὐτὸν ἱκανός, ᾧ παρέχοντες ἑαυτοὺς οἵους αὐτός τε βούλεται κἀγὼ τὴν διάνοιαν αὐτοῦ σαφῶς ἐξεπιστάμενος παραινῶ, οὐκ ἂν ὄντες μακαριστοὶ καὶ ζηλωτοὶ πᾶσιν ἀτυχήσαιτέ ποτʼ ἢ παύσαισθε, ἀλλʼ ὧν τε νῦν ὑμῖν ἐστιν ἀγαθῶν ἡ κτῆσις βεβαία μενεῖ τῶν τε ἀπόντων ταχεῖαν ἕξετε τὴν παρουσίαν. μόνον οἷς ὁ θεὸς ὑμᾶς ἕπεσθαι βούλεται, τούτοις πειθαρχεῖτε, καὶ μήτε νομίμων τῶν παρόντων ἄλλην προτιμήσητε διάταξιν μήτʼ εὐσεβείας ἧς νῦν περὶ τὸν θεὸν ἔχοντες καταφρονήσαντες εἰς ἄλλον μεταστήσησθε τρόπον. ταῦτα δὲ πράττοντες ἀλκιμώτατοι μάχας διενεγκεῖν ἁπάντων ἔσεσθε καὶ μηδενὶ τῶν ἐχθρῶν εὐάλωτοι. θεοῦ γὰρ παρόντος ὑμῖν βοηθοῦ πάντων περιφρονεῖν εὔλογον. τῆς δʼ ἀρετῆς ἔπαθλα ὑμῖν μεγάλα κεῖται πρὸς ἅπαντα τὸν βίον κτησαμένοις· αὐτή γε τὸ πρῶτον ἀγαθῶν τὸ πρέσβιστόν ἐστιν, ἔπειτα καὶ τὴν τῶν ἄλλων χαρίζεται περιουσίαν, ὡς καὶ πρὸς ἀλλήλους ὑμῖν χρωμένοις αὐτῇ μακαριστὸν ποιῆσαι τὸν βίον καὶ τῶν ἀλλοφύλων πλέον δοξαζομένους ἀδήριτον καὶ παρὰ τοῖς αὖθις τὴν εὔκλειαν ὑμῖν ὑπάρξαι. τούτων δʼ ἂν ἐφικέσθαι δυνηθείητε, εἰ τῶν νόμων οὓς ὑπαγορεύσαντός μοι τοῦ θεοῦ συνεταξάμην κατήκοοι καὶ φύλακες γένοισθε καὶ μελετῴητε τὴν σύνεσιν αὐτῶν. ἄπειμι δʼ αὐτὸς χαίρων ἐπὶ τοῖς ὑμετέροις ἀγαθοῖς παρατιθέμενος ὑμᾶς νόμων τε σωφροσύνῃ καὶ κόσμῳ τῆς πολιτείας καὶ ταῖς τῶν στρατηγῶν ἀρεταῖς, οἳ πρόνοιαν ἕξουσιν ὑμῶν τοῦ συμφέροντος. θεός τε ὁ μέχρι νῦν ἡγεμονεύσας ἡμῖν, καθʼ οὗ βούλησιν κἀγὼ χρήσιμος ὑμῖν ἐγενόμην, οὐ μέχρι τοῦ δεῦρο στήσει τὴν αὑτοῦ πρόνοιαν, ἀλλʼ ἐφʼ ὃν αὐτοὶ βούλεσθε χρόνον τοῦτον ἔχειν προστάτην ἐν τοῖς τῆς ἀρετῆς ἐπιτηδεύμασι μένοντες, ἐπὶ τοσοῦτον αὐτοῦ χρήσεσθε τῇ προμηθείᾳ. γνώμας τε ὑμῖν εἰσηγήσονται τὰς ἀρίστας, αἷς ἑπόμενοι τὴν εὐδαιμονίαν ἕξετε, ὁ ἀρχιερεὺς Ἐλεάζαρος καὶ Ἰησοῦς ἥ τε γερουσία καὶ τὰ τέλη τῶν φυλῶν, ὧν ἀκροᾶσθε μὴ χαλεπῶς, γινώσκοντες ὅτι πάντες οἱ ἄρχεσθαι καλῶς εἰδότες καὶ ἄρχειν εἴσονται παρελθόντες εἰς ἐξουσίαν αὐτοῦ, τήν τʼ ἐλευθερίαν ἡγεῖσθε μὴ τὸ προσαγανακτεῖν οἷς ἂν ὑμᾶς οἱ ἡγεμόνες πράττειν ἀξιῶσι· νῦν μὲν γὰρ ἐν τῷ τοὺς εὐεργέτας ὑβρίζειν ἐν τούτῳ τὴν παρρησίαν τίθεσθε, ὃ δὴ τοῦ λοιποῦ φυλαττομένοις ὑμῖν ἄμεινον ἕξει τὰ πράγματα· μηδὲ τὴν ἴσην ἐπὶ τούτοις ὀργήν ποτε λαμβάνετε, ᾗ κατʼ ἐμοῦ πολλάκις ἐτολμήσατε χρῆσθαι· γινώσκετε γὰρ ὡς πλεονάκις ἐκινδύνευσα ὑφʼ ὑμῶν ἀποθανεῖν ἢ ὑπὸ τῶν πολεμίων. ταῦτα δʼ οὐκ ὀνειδίζειν ὑμᾶς προεθέμην, οὐ γὰρ ἐπʼ ἐξόδου τοῦ ζῆν δυσχεραίνοντας καταλιπεῖν ἠξίουν εἰς τὴν ἀνάμνησιν φέρων μηδὲ παρʼ ὃν ἔπασχον αὐτὰ καιρὸν ἐν ὀργῇ γενόμενος, ἀλλʼ ὥστε τοῦ σωφρονήσειν ὑμᾶς εἰς τὸ μέλλον κατʼ αὐτό γε τοῦτʼ ἀσφαλὲς εἶναι, καὶ μηδὲν εἰς τοὺς προεστηκότας ἐξυβρίσαι διὰ πλοῦτον, ὃς ὑμῖν πολὺς διαβᾶσι τὸν Ἰορδάνην καὶ τὴν Χαναναίαν κτησαμέναις περιστήσεται. ἐπεὶ προαχθέντες εἰς καταφρόνησιν ὑπʼ αὐτοῦ καὶ τῆς ἀρετῆς ὀλιγωρίαν ἀπολεῖτε καὶ τὴν εὔνοιαν τὴν παρὰ τοῦ θεοῦ, ποιήσαντες δὲ τοῦτον ἐχθρὸν τήν τε γῆν, ἣν κτήσεσθε, κρατηθέντες ὅπλοις ὑπὸ τῶν αὖθις ἀφαιρεθήσεσθε μετὰ μεγίστων ὀνειδῶν καὶ σκεδασθέντες διὰ τῆς οἰκουμένης πᾶσαν ἐμπλήσετε καὶ γῆν καὶ θάλασσαν τῆς αὑτῶν δουλείας. ἔσται δʼ ὑμῖν τούτων πεῖραν λαμβάνουσιν ἀνωφελὴς ἡ μετάνοια καὶ ἡ τῶν οὐ φυλαχθέντων νόμων ἀνάμνησις. ὅθεν εἰ βούλοισθε τούτους ὑμῖν μένειν, τῶν πολεμίων μηδένα ὑπολείπησθε κρατήσαντες αὐτῶν, ἀλλʼ ἀπολλύναι πάντας κρίνατε συμφέρειν, ἵνα μή τινων παραγευσάμενοι τῆς ἐκείνων ἐπιτηδεύσεως διαφθείρητε τὴν πάτριον πολιτείαν. ἔτι δὲ καὶ βωμοὺς καὶ ἄλση καὶ νεὼς ὁπόσους ἂν ἔχοιεν κατερείπειν παραινῶ καὶ δαπανᾶν πυρὶ τὸ γένος αὐτῶν καὶ τὴν μνήμην· βεβαία γὰρ ἂν οὕτως ὑμῖν μόνον ὑπάρξειεν ἡ τῶν οἰκείων ἀγαθῶν ἀσφάλεια. ἵνα δὲ μὴ διʼ ἀμαθίαν τοῦ κρείττονος ἡ φύσις ὑμῶν πρὸς τὸ χεῖρον ἀπονεύσῃ, συνέθηκα ὑμῖν καὶ νόμους ὑπαγορεύσαντός μοι τοῦ θεοῦ καὶ πολιτείαν, ἧς τὸν κόσμον φυλάξαντες πάντων ἂν εὐδαιμονέστατοι κριθείητε.

[¶4] 194. When he had spoken thus, he gave them the laws and the constitution of government written in a book. Upon which the people fell into tears, and appeared already touched with the sense that they should have a great want of their conductor, because they remembered what a number of dangers he had passed through, and what care he had taken of their preservation: they desponded about what would come upon them after he was dead, and thought they should never have another governor like him; and feared that God would then take less care of them when Moses was gone, who used to intercede for them. They also repented of what they had said to him in the wilderness when they were angry, and were in grief on those accounts, insomuch that the whole body of the people fell into tears with such bitterness, that it was past the power of words to comfort them in their affliction. However, Moses gave them some consolation; and by calling them off the thought how worthy he was of their weeping for him, he exhorted them to keep to that form of government he had given them; and then the congregation was dissolved at that time.

> Greek: 194. Ταῦτα εἰπὼν δίδωσιν αὐτοῖς ἐν βιβλίῳ τοὺς νόμους καὶ τὴν διάταξιν τῆς πολιτείας ἀναγεγραμμένην. οἱ δὲ ἐδάκρυόν τε καὶ πολλὴν ἐπιζήτησιν ἐποιοῦντο τοῦ στρατηγοῦ μεμνημένοι τε ὧν κινδυνεύσειε καὶ προθυμηθείη τῆς περὶ αὐτῶν σωτηρίας καὶ δυσελπιστοῦντες περὶ τῶν μελλόντων ὡς οὐκ ἐσομένης ἄλλης ἀρχῆς τοιαύτης, ἧττόν τε τοῦ θεοῦ προνοησομένου διὰ τὸ Μωυσῆν εἶναι τὸν παρακαλοῦντα. ὧν τε ἐπὶ τῆς ἐρήμου μετʼ ὀργῆς ὁμιλήσειαν αὐτῷ μετανοοῦντες ἤλγουν, ὡς ἅπαντα τὸν λαὸν εἰς δάκρυα προπεσόντα κρεῖττον καὶ τῆς ἐκ λόγου παρηγορίας τὸ ἐπʼ αὐτῷ ποιῆσαι πάθος. Μωυσῆς δʼ αὐτοὺς παρηγόρει, καὶ τοῦ δακρύων αὐτὸν ἄξιον ὑπολαμβάνειν ἀπάγων αὐτοὺς χρῆσθαι τῇ πολιτείᾳ παρεκάλει. καὶ τότε μὲν οὕτω διελύθησαν.

[¶5] 196. Accordingly, I shall now first describe this form of government which was agreeable to the dignity and virtue of Moses; and shall thereby inform those that read these Antiquities, what our original settlements were, and shall then proceed to the remaining histories. Now those settlements are all still in writing, as he left them; and we shall add nothing by way of ornament, nor any thing besides what Moses left us; only we shall so far innovate, as to digest the several kinds of laws into a regular system; for they were by him left in writing as they were accidentally scattered in their delivery, and as he upon inquiry had learned them of God. On which account I have thought it necessary to premise this observation beforehand, lest any of my own countrymen should blame me, as having been guilty of an offense herein. Now part of our constitution will include the laws that belong to our political state. As for those laws which Moses left concerning our common conversation and intercourse one with another, I have reserved that for a discourse concerning our manner of life, and the occasions of those laws; which I propose to myself, with God’s assistance, to write, after I have finished the work I am now upon.

> Greek: 196. Βούλομαι δὲ τὴν πολιτείαν πρότερον εἰπὼν τῷ τε Μωυσέος ἀξιώματι τῆς ἀρετῆς ἀναλογοῦσαν καὶ μαθεῖν παρέξων διʼ αὐτῆς τοῖς ἐντευξομένοις. οἷα τὰ καθʼ ἡμᾶς ἀρχῆθεν ἦν, ἐπὶ τὴν τῶν ἄλλων τραπέσθαι διήγησιν. γέγραπται δὲ πάνθʼ ὡς ἐκεῖνος κατέλιπεν οὐδὲν ἡμῶν ἐπὶ καλλωπισμῷ προσθέντων οὐδʼ ὅτι μὴ κατελέλοιπε Μωυσῆς. νενεωτέρισται δʼ ἡμῖν τὸ κατὰ γένος ἕκαστα τάξαι· σποράδην γὰρ ὑπʼ ἐκείνου κατελείφθη γραφέντα καὶ ὡς ἕκαστόν τι παρὰ τοῦ θεοῦ πύθοιτο. τούτου χάριν ἀναγκαῖον ἡγησάμην προδιαστείλασθαι, μὴ καί τις ἡμῖν παρὰ τῶν ὁμοφύλων ἐντυχόντων τῇ γραφῇ μέμψις ὡς διημαρτηκόσι γένηται. ἔχει δὲ οὕτως ἡ διάταξις ἡμῶν τῶν νόμων τῶν ἀνηκόντων εἰς τὴν πολιτείαν. οὓς δὲ κοινοὺς ἡμῖν καὶ πρὸς ἀλλήλους κατέλιπε τούτους ὑπερεθέμην εἰς τὴν περὶ ἐθῶν καὶ αἰτιῶν ἀπόδοσιν, ἣν συλλαμβανομένου τοῦ θεοῦ μετὰ ταύτην ἡμῖν τὴν πραγματείαν συντάξασθαι πρόκειται.

[¶6] 199. When you have possessed yourselves of the land of Canaan, and have leisure to enjoy the good things of it, and when you have afterward determined to build cities, if you will do what is pleasing to God, you will have a secure state of happiness. Let there be then one city of the land of Canaan, and this situate in the most agreeable place for its goodness, and very eminent in itself, and let it be that which God shall choose for himself by prophetic revelation. Let there also be one temple therein, and one altar, not reared of hewn stones, but of such as you gather together at random; which stones, when they are whited over with mortar, will have a handsome appearance, and be beautiful to the sight. Let the ascent to it be not by steps but by an acclivity of raised earth. And let there be neither an altar nor a temple in any other city; for God is but one, and the nation of the Hebrews is but one.

> Greek: 199. Ἐπειδὰν τὴν Χαναναίων γῆν κτησάμενοι καὶ σχολὴν ἐν χρήσει τῶν ἀγαθῶν ἔχοντες πόλεις τὸ λοιπὸν ἤδη κτίζειν προαιρῆσθε, ταῦτα ποιοῦντες τῷ θεῷ φίλα πράξετε καὶ τὴν εὐδαιμονίαν βεβαίαν ἕξετε· ἱερὰ πόλις ἔστω μία τῆς Χαναναίων γῆς ἐν τῷ καλλίστῳ καὶ διʼ ἀρετὴν ἐπιφανεῖ, ἣν ἂν ὁ θεὸς ἑαυτῷ διὰ προφητείας ἕληται, καὶ νεὼς εἷς ἐν ταύτῃ ἔστω, καὶ βωμὸς εἷς ἐκ λίθων μὴ κατειργασμένων, ἀλλὰ λογάδην συγκειμένων, οἳ κονιάματι χρισθέντες εὐπρεπεῖς τε εἶεν καὶ καθάριοι πρὸς τὴν θέαν. ἡ δʼ ἐπὶ τοῦτον πρόσβασις ἔστω μὴ διὰ βαθμίδων, ἀλλὰ προσχώσεως αὐτῷ καταπρανοῦς γενομένης. ἐν ἑτέρᾳ δὲ πόλει μήτε βωμὸς μήτε νεὼς ἔστω· θεὸς γὰρ εἷς καὶ τὸ Ἑβραίων γένος ἕν.

[¶7] 202. He that blasphemeth God, let him be stoned; and let him hang upon a tree all that day, and then let him be buried in an ignominious and obscure manner.

> Greek: 202. Ὁ δὲ βλασφημήσας θεὸν καταλευσθεὶς κρεμάσθω διʼ ἡμέρας καὶ ἀτίμως καὶ ἀφανῶς θαπτέσθω.

[¶8] 203. Let those that live as remote as the bounds of the land which the Hebrews shall possess, come to that city where the temple shall be, and this three times in a year, that they may give thanks to God for his former benefits, and may entreat him for those they shall want hereafter; and let them, by this means, maintain a friendly correspondence with one another by such meetings and feastings together, for it is a good thing for those that are of the same stock, and under the same institution of laws, not to be unacquainted with each other; which acquaintance will be maintained by thus conversing together, and by seeing and talking with one another, and so renewing the memorials of this union; for if they do not thus converse together continually, they will appear like mere strangers to one another.

> Greek: 203. Συνερχέσθωσαν δὲ εἰς ἣν ἀποφήνωσι πόλιν τὸν νεὼν τρὶς τοῦ ἔτους οἱ ἐκ τῶν περάτων τῆς γῆς, ἧς ἂν Ἑβραῖοι κρατῶσιν, ὅπως τῷ θεῷ τῶν μὲν ὑπηργμένων εὐχαριστῶσι καὶ περὶ τῶν εἰς τὸ μέλλον παρακαλῶσι καὶ συνιόντες ἀλλήλοις καὶ συνευωχούμενοι προσφιλεῖς ὦσι· καλὸν γὰρ εἶναι μὴ ἀγνοεῖν ἀλλήλους ὁμοφύλους τε ὄντας καὶ τῶν αὐτῶν κοινωνοῦντας ἐπιτηδευμάτων, τοῦτο δὲ ἐκ μὲν τῆς αὐτῆς ἐπιμιξίας αὐτοῖς ὑπάρξειν, τῇ τε ὄψει καὶ τῇ ὁμιλίᾳ μνήμην αὐτῶν ἐντιθέντας· ἀνεπιμίκτους γὰρ ἀλλήλοις μένοντας ἀλλοτριωτάτους αὑτοῖς νομισθήσεσθαι.

[¶9] 205. Let there be taken out of your fruits a tenth, besides that which you have allotted to give to the priests and Levites. This you may indeed sell in the country, but it is to be used in those feasts and sacrifices that are to be celebrated in the holy city; for it is fit that you should enjoy those fruits of the earth which God gives you to possess, so as may be to the honor of the donor.

> Greek: 205. Ἔστω δὲ καὶ δεκάτη τῶν καρπῶν ἐξαίρεσις ὑμῖν χωρὶς ἧς διετάξατε τοῖς ἱερεῦσι καὶ Λευίταις δεδόσθαι, ἣ πιπρασκέσθω μὲν ἐπὶ τῶν πατρίδων, εἰς δὲ τὰς εὐωχίας ὑπηρετείτω καὶ τὰς θυσίας τὰς ἐν τῇ ἱερᾷ πόλει· δίκαιον γὰρ εἶναι τῶν ἐκ τῆς γῆς ἀναδιδομένων, ἣν ὁ θεὸς αὐτοῖς κτήσασθαι παρέσχεν, ἐπὶ τιμῇ τοῦ δεδωκότος ἀπολαύειν.

[¶10] 206. You are not to offer sacrifices out of the hire of a woman who is a harlot for the Deity is not pleased with any thing that arises from such abuses of nature; of which sort none can be worse than this prostitution of the body. In like manner no one may take the price of the covering of a bitch, either of one that is used in hunting, or in keeping of sheep, and thence sacrifice to God.

> Greek: 206. Ἐκ μισθοῦ γυναικὸς ἡταιρημένης θυσίας μὴ τελεῖν· ἥδεσθαι γὰρ μηδενὶ τῶν ἀφʼ ὕβρεως τὸ θεῖον, χείρων δʼ οὐκ ἂν εἴη τῆς ἐπὶ τοῖς σώμασιν αἰσχύνης· ὁμοίως μηδʼ ἂν ἐπʼ ὀχεύσει κυνὸς ἤτοι θηρευτικοῦ ἢ ποιμνίων φύλακος λάβῃ τις μισθόν, ἐκ τούτου θύειν τῷ θεῷ.

[¶11] 207. Let no one blaspheme those gods which other cities esteem such; nor may any one steal what belongs to strange temples, nor take away the gifts that are dedicated to any god.

> Greek: 207. Βλασφημείτω δὲ μηδεὶς θεοὺς οὓς πόλεις ἄλλαι νομίζουσι. μηδὲ συλᾶν ἱερὰ ξενικά, μηδʼ ἂν ἐπωνομασμένον ᾖ τινι θεῷ κειμήλιον λαμβάνειν.

[¶12] 208. Let not any one of you wear a garment made of woolen and linen, for that is appointed to be for the priests alone.

> Greek: 208. Μηδεὶς δʼ ἐξ ὑμῶν κλωστὴν ἐξ ἐρίου καὶ λίνου στολὴν φορείτω· τοῖς γὰρ ἱερεῦσι μόνοις ταύτην ἀποδεδεῖχθαι.

[¶13] 209. When the multitude are assembled together unto the holy city for sacrificing every seventh year, at the feast of tabernacles, let the high priest stand upon a high desk, whence he may be heard, and let him read the laws to all the people; and let neither the women nor the children be hindered from hearing, no, nor the servants neither; for it is a good thing that those laws should be engraven in their souls, and preserved in their memories, that so it may not be possible to blot them out; for by this means they will not be guilty of sin, when they cannot plead ignorance of what the laws have enjoined them. The laws also will have a greater authority among them, as foretelling what they will suffer if they break them; and imprinting in their souls by this hearing what they command them to do, that so there may always be within their minds that intention of the laws which they have despised and broken, and have thereby been the causes of their own mischief. Let the children also learn the laws, as the first thing they are taught, which will be the best thing they can be taught, and will be the cause of their future felicity.

> Greek: 209. Συνελθόντος δὲ τοῦ πλήθους εἰς τὴν ἱερὰν πόλιν ἐπὶ ταῖς θυσίαις διʼ ἐτῶν ἑπτὰ τῆς σκηνοπηγίας ἑορτῆς ἐνστάσης ὁ ἀρχιερεὺς ἐπὶ βήματος ὑψηλοῦ σταθείς, ἀφʼ οὗ γένοιτο ἐξάκουστος, ἀναγινωσκέτω τοὺς νόμους ἅπασι, καὶ μήτε γυνὴ μήτε παῖδες εἰργέσθωσαν τοῦ ἀκούειν, ἀλλὰ μηδὲ οἱ δοῦλοι· καλὸν γὰρ ταῖς ψυχαῖς ἐγγραφέντας καὶ τῇ μνήμῃ φυλαχθῆναι μηδέποτε ἐξαλειφθῆναι δυναμένους. οὕτως γὰρ οὐδὲν ἁμαρτήσονται μὴ δυνάμενοι λέγειν ἄγνοιαν τῶν ἐν τοῖς νόμοις διωρισμένων, οἵ τε νόμοι πολλὴν πρὸς ἁμαρτάνοντας ἕξουσι παρρησίαν, ὡς προλεγόντων αὐτοῖς ἃ πείσονται καὶ ταῖς ψυχαῖς ἐγγραψάντων διὰ τῆς ἀκοῆς ἃ κελεύουσιν, ὥστʼ εἶναι διὰ παντὸς ἔνδον αὐτοῖς τὴν προαίρεσιν αὐτῶν ἧς ὀλιγωρήσαντες ἠδίκησαν καὶ τῆς ζημίας αὑτοῖς αἴτιοι γεγόνασι. μανθανέτωσαν δὲ καὶ οἱ παῖδες πρῶτον τοὺς νόμους μάθημα κάλλιστον καὶ τῆς εὐδαιμονίας αἴτιον.

[¶14] 212. Let every one commemorate before God the benefits which he bestowed upon them at their deliverance out of the land of Egypt, and this twice every day, both when the day begins and when the hour of sleep comes on, gratitude being in its own nature a just thing, and serving not only by way of return for past, but also by way of invitation of future favors. They are also to inscribe the principal blessings they have received from God upon their doors, and show the same remembrance of them upon their arms; as also they are to bear on their forehead and their arm those wonders which declare the power of God, and his good-will towards them, that God’s readiness to bless them may appear every where conspicuous about them.

> Greek: 212. Δίς τε ἑκάστης ἡμέρας ἀρχομένης τε αὐτῆς καὶ ὁπότε πρὸς ὕπνον ὥρα τρέπεσθαι μαρτυρεῖν τῷ θεῷ τὰς δωρεάς, ἃς ἀπαλλαγεῖσιν αὐτοῖς ἐκ τῆς Αἰγυπτίων γῆς παρέσχε, δικαίας οὔσης φύσει τῆς εὐχαριστίας καὶ γενομένης ἐπʼ ἀμοιβῇ μὲν τῶν ἤδη γεγονότων ἐπὶ δὲ προτροπῇ τῶν ἐσομένων· ἐπιγράφειν δὲ καὶ τοῖς θυρώμασιν αὐτῶν τὰ μέγιστα ὧν εὐεργέτησεν αὐτοὺς ὁ θεὸς ἔν τε βραχίοσιν ἕκαστον διαφαίνειν, ὅσα τε τὴν ἰσχὺν ἀποσημαίνειν δύναται τοῦ θεοῦ καὶ τὴν πρὸς αὐτοὺς εὔνοιαν φέρειν ἐγγεγραμμένα ἐπὶ τῆς κεφαλῆς καὶ τοῦ βραχίονος, ὡς περίβλεπτον πανταχόθεν τὸ περὶ αὐτοὺς πρόθυμον τοῦ θεοῦ.

[¶15] 214. Let there be seven men to judge in every city, and these such as have been before most zealous in the exercise of virtue and righteousness. Let every judge have two officers allotted him out of the tribe of Levi. Let those that are chosen to judge in the several cities be had in great honor; and let none be permitted to revile any others when these are present, nor to carry themselves in an insolent manner to them; it being natural that reverence towards those in high offices among men should procure men’s fear and reverence towards God. Let those that judge be permitted to determine according as they think to be right, unless any one can show that they have taken bribes, to the perversion of justice, or can allege any other accusation against them, whereby it may appear that they have passed an unjust sentence; for it is not fit that causes should be openly determined out of regard to gain, or to the dignity of the suitors, but that the judges should esteem what is right before all other things, otherwise God will by that means be despised, and esteemed inferior to those, the dread of whose power has occasioned the unjust sentence; for justice is the power of God. He therefore that gratifies those in great dignity, supposes them more potent than God himself. But if these judges be unable to give a just sentence about the causes that come before them, (which case is not unfrequent in human affairs,) let them send the cause undetermined to the holy city, and there let the high priest, the prophet, and the sanhedrim, determine as it shall seem good to them.

> Greek: 214. Ἀρχέτωσαν δὲ καθʼ ἑκάστην πόλιν ἄνδρες ἑπτὰ οἱ καὶ τὴν ἀρετὴν καὶ τὴν περὶ τὸ δίκαιον σπουδὴν προησκηκότες· ἑκάστῃ δὲ ἀρχῇ δύο ἄνδρες ὑπηρέται διδόσθωσαν ἐκ τῆς τῶν Λευιτῶν φυλῆς. ἔστωσαν δὲ καὶ οἱ δικάζειν λαχόντες ταῖς πόλεσιν ἐν πάσῃ τιμῇ, ὡς μήτε βλασφημεῖν ἐκείνων παρόντων μήτε θρασύνεσθαί τισιν ἐξεῖναι τῆς πρὸς τοὺς ἐν ἀξιώματι τῶν ἀνθρώπων αἰδοῦς αὐτῶν εὐλαβεστέρους, ὥστε τοῦ θεοῦ μὴ καταφρονεῖν, ἀπεργαζομένης. οἱ δὲ δικασταὶ ἀποφήνασθαι κύριοι περὶ τοῦ δόξαντος αὐτοῖς ἔστωσαν, πλὴν εἰ μή τι χρήματα λαβόντας τις αὐτοὺς ἐπὶ διαφθορᾷ τοῦ δικαίου ἐνδείξαιτʼ ἢ ἄλλην τινὰ αἰτίαν προφέροι, καθʼ ἣν οὐ καλῶς ἐλέγχει αὐτοὺς ἀποφηναμένους· οὔτε γὰρ κέρδει χαριζομένους οὔτʼ ἀξιώματι προσῆκε φανερὰς ποιεῖσθαι τὰς κρίσεις, ἀλλὰ τὸ δίκαιον ἐπάνω πάντων τιθεμένους. ὁ γὰρ θεὸς ἂν οὕτως δόξειε καταφρονεῖσθαι καὶ ἀσθενέστερος ἐκείνων οἷς ἄν τις κατὰ φόβον ἰσχύος προσνέμοι τὴν ψῆφον κεκρίσθαι· τοῦ θεοῦ γὰρ ἰσχύς ἐστι τὸ δίκαιον. ὃ τοῖς ἐν ἀξιώμασι τυγχάνουσι καταχαριζόμενός τις ἐκείνους τοῦ θεοῦ δυνατωτέρους ποιεῖ. ἂν δʼ οἱ δικασταὶ μὴ νοῶσι περὶ τῶν ἐπʼ αὐτοὺς παρατεταγμένων ἀποφήνασθαι, συμβαίνει δὲ πολλὰ τοιαῦτα τοῖς ἀνθρώποις, ἀναπεμπέτωσαν τὴν δίκην εἰς τὴν ἱερὰν πόλιν, καὶ συνελθόντες ὅ τε ἀρχιερεὺς καὶ ὁ προφήτης καὶ ἡ γερουσία τὸ δοκοῦν ἀποφαινέσθωσαν.

[¶16] 219. But let not a single witness be credited, but three, or two at the least, and those such whose testimony is confirmed by their good lives. But let not the testimony of women be admitted, on account of the levity and boldness of their sex Nor let servants be admitted to give testimony, on account of the ignobility of their soul; since it is probable that they may not speak truth, either out of hope of gain, or fear of punishment. But if any one be believed to have borne false witness, let him, when he is convicted, suffer all the very same punishments which he against whom he bore witness was to have suffered.

> Greek: 219. Εἷς δὲ μὴ πιστευέσθω μάρτυς, ἀλλὰ τρεῖς ἢ τὸ τελευταῖον δύο, ὧν τὴν μαρτυρίαν ἀληθῆ ποιήσει τὰ προβεβιωμένα. γυναικῶν δὲ μὴ ἔστω μαρτυρία διὰ κουφότητα καὶ θράσος τοῦ γένους αὐτῶν· μαρτυρείτωσαν δὲ μηδὲ δοῦλοι διὰ τὴν τῆς ψυχῆς ἀγένειαν, οὓς ἢ διὰ κέρδος εἰκὸς ἢ διὰ φόβον μὴ τἀληθῆ μαρτυρῆσαι. ἂν δέ τις ψευδομαρτυρήσας πιστευθῇ, πασχέτω ταῦτʼ ἐλεγχθεὶς ὅσα ὁ καταμαρτυρηθεὶς πάσχειν ἔμελλεν.

[¶17] 220. If a murder be committed in any place, and he that did it be not found, nor is there any suspicion upon one as if he had hated the man, and so had killed him, let there be a very diligent inquiry made after the man, and rewards proposed to any one who will discover him; but if still no information can be procured, let the magistrates and senate of those cities that lie near the place in which the murder was committed, assemble together, and measure the distance from the place where the dead body lies; then let the magistrates of the nearest city thereto purchase a heifer, and bring it to a valley, and to a place therein where there is no land ploughed or trees planted, and let them cut the sinews of the heifer; then the priests and Levites, and the senate of that city, shall take water and wash their hands over the head of the heifer; and they shall openly declare that their hands are innocent of this murder, and that they have neither done it themselves, nor been assisting to any that did it. They shall also beseech God to be merciful to them, that no such horrid act may any more be done in that land.

> Greek: 220. Ἂν δὲ πραχθέντος φόνου ἔν τινι χώρᾳ μὴ εὑρίσκηται ὁ δράσας μηδʼ ὑπονοῆταί τις ὡς διὰ μῖσος ἀπεκτονηκώς, ζητείτωσαν μὲν αὐτὸν μετὰ πολλῆς σπουδῆς μήνυτρα προθέμενοι· μηδενὸς δὲ μηνύοντος αἱ ἀρχαὶ τῶν πόλεων τῶν πλησίον τῇ χώρᾳ, ἐν ᾗ ὁ φόνος ἐπράχθη, καὶ ἡ γερουσία συνελθόντες μετρείτωσαν ἀπὸ τοῦ τόπου ὅπου κεῖται ὁ νεκρὸς τὴν χώραν. ἣ δʼ ἂν ᾖ πλησιαιτάτη πόλις, οἱ ἐν αὐτῇ δημόσιοι πριάμενοι δάμαλιν καὶ κομίσαντες εἰς φάραγγα καὶ ἀνεπιτήδειον ἀρότρῳ καὶ φυτοῖς χωρίον τοὺς τένοντας κοψάτωσαν τῆς βοός, καὶ χέρνιβας ἑλόμενοι ὑπὲρ κεφαλῆς τῆς βοὸς οἱ ἱερεῖς καὶ οἱ Λευῖται καὶ ἡ γερουσία τῆς πόλεως ἐκείνης καθαρὰς ἀναβοησάτωσαν τὰς χεῖρας ἔχειν ἀπὸ τοῦ φόνου καὶ μήτε δρᾶσαι μήτε δρωμένῳ παρατυχεῖν, ἐπικαλεῖσθαι δὲ ἵλεω τὸν θεὸν καὶ μηκέτι τοιοῦτον δεινὸν συμβῆναι τῇ γῇ πάθος.

[¶18] 223. Aristocracy, and the way of living under it, is the best constitution: and may you never have any inclination to any other form of government; and may you always love that form, and have the laws for your governors, and govern all your actions according to them; for you need no supreme governor but God. But if you shall desire a king, let him be one of your own nation; let him be always careful of justice and other virtues perpetually; let him submit to the laws, and esteem God’s commands to be his highest wisdom; but let him do nothing without the high priest and the votes of the senators: let him not have a great number of wives, nor pursue after abundance of riches, nor a multitude of horses, whereby he may grow too proud to submit to the laws. And if he affect any such things, let him be restrained, lest he become so potent that his state be inconsistent with your welfare.

> Greek: 223. Ἀριστοκρατία μὲν οὖν κράτιστον καὶ ὁ κατʼ αὐτὴν βίος, καὶ μὴ λάβῃ πόθος ὑμᾶς ἄλλης πολιτείας, ἀλλὰ ταύτην στέργοιτε καὶ τοὺς νόμους ἔχοντες δεσπότας κατʼ αὐτοὺς ἕκαστα πράττετε· ἀρκεῖ γὰρ ὁ θεὸς ἡγεμὼν εἶναι. βασιλέως δʼ εἰ γένοιτο ἔρως ὑμῖν, ἔστω μὲν οὗτος ὁμόφυλος, πρόνοια δʼ αὐτῷ δικαιοσύνης καὶ τῆς ἄλλης ἀρετῆς διὰ παντὸς ἔστω. παραχωροίη δὲ οὗτος τοῖς μὲν νόμοις καὶ τῷ θεῷ τὰ πλείονα τοῦ φρονεῖν, πρασσέτω δὲ μηδὲν δίχα τοῦ ἀρχιερέως καὶ τῆς τῶν γερουσιαστῶν γνώμης γάμοις τε μὴ πολλοῖς χρώμενος μηδὲ πλῆθος διώκων χρημάτων μηδʼ ἵππων, ὧν αὐτῷ παραγενομένων ὑπερήφανος ἂν τῶν νόμων ἔσοιτο. κωλυέσθω δʼ, εἰ τούτων τι διὰ σπουδῆς ἔχοι, γίγνεσθαι τοῦ συμφέροντος ὑμῖν δυνατώτερος.

[¶19] 225. Let it not be esteemed lawful to remove boundaries, neither our own, nor of those with whom we are at peace. Have a care you do not take those landmarks away which are, as it were, a divine and unshaken limitation of rights made by God himself, to last for ever; since this going beyond limits, and gaining ground upon others, is the occasion of wars and seditions; for those that remove boundaries are not far off an attempt to subvert the laws.

> Greek: 225. Ὅρους γῆς μὴ ἐξέστω κινεῖν μήτε οἰκείας μήτʼ ἀλλοτρίας πρὸς οὕς ἐστιν ὑμῖν εἰρήνη, φυλαττέσθω δʼ ὥσπερ θεοῦ ψῆφον βεβαίαν εἰς αἰῶνα κειμένην ἀναιρεῖν, ὡς πολέμων ἐντεῦθεν καὶ στάσεων γινομένων ἐκ τοῦ πλεονεκτοῦντας προσωτέρω χωρεῖν βούλεσθαι τῶν ὅρων· μὴ γὰρ μακρὰν εἶναι τοῦ καὶ τοὺς νόμους ὑπερβαίνειν τοὺς τὸν ὅρον μετακινοῦντας.

[¶20] 226. He that plants a piece of land, the trees of which produce fruits before the fourth year, is not to bring thence any first-fruits to God, nor is he to make use of that fruit himself, for it is not produced in its proper season; for when nature has a force put upon her at an unseasonable time, the fruit is not proper for God, nor for the master’s use; but let the owner gather all that is grown on the fourth car, for then it is in its proper season. And let him that has gathered it carry it to the holy city, and spend that, together with the tithe of his other fruits, in feasting with his friends, with the orphans, and the widows. But on the fifth year the fruit is his own, and he may use it as he pleases.

> Greek: 226. Γῆν ὁ φυτεύσας, πρὸ ἐτῶν τεσσάρων ἂν καρπὸν προβάλῃ τὰ φυτά, μήτε τῷ θεῷ ἀπαρχὰς ἐντεῦθεν ἀποφερέτω μήτʼ αὐτὸς χρήσθω· οὐ γὰρ κατὰ καιρὸν τοῦτον ὑπʼ αὐτῶν ἐνεχθῆναι, βιασαμένης δὲ τῆς φύσεως ἀώρως μήτε τῷ θεῷ ἁρμόζειν μήτʼ αὐτῷ τῷ δεσπότῃ χρῆσθαι. τῷ δὲ τετάρτῳ τρυγάτω πᾶν τὸ γενόμενον, τότε γὰρ ὥριον εἶναι, καὶ συναγαγὼν εἰς τὴν ἱερὰν πόλιν κομιζέτω, καὶ σὺν τῇ δεκάτῃ τοῦ ἄλλου καρποῦ μετὰ τῶν φίλων εὐωχούμενος ἀναλισκέτω καὶ μετʼ ὀρφανῶν καὶ χηρευουσῶν γυναικῶν. πέμπτου δὲ ἔτους κύριος ἔστω τὰ φυτὰ καρποῦσθαι.

[¶21] 228. You are not to sow with seed a piece of land which is planted with vines, for it is enough that it supply nourishment to that plant, and be not harassed by ploughing also. You are to plough your land with oxen, and not to oblige other animals to come under the same yoke with them; but to till your land with those beasts that are of the same kind with each other. The seeds are also to be pure, and without mixture, and not to be compounded of two or three sorts, since nature does not rejoice in the union of things that are not in their own nature alike; nor are you to permit beasts of different kinds to gender together, for there is reason to fear that this unnatural abuse may extend from beasts of different kinds to men, though it takes its first rise from evil practices about such smaller things. Nor is any thing to be allowed, by imitation whereof any degree of subversion may creep into the constitution. Nor do the laws neglect small matters, but provide that even those may be managed after an unblamable manner.

> Greek: 228. Τὴν ἀμπέλοις κατάφυτον γῆν μὴ σπείρειν· ἀρκεῖσθαι γὰρ αὐτὴν τρέφειν τοῦτο τὸ φυτὸν καὶ τῶν ἐξ ἀρότρου πόνων ἀπηλλάχθαι. βουσὶν ἀροῦν τὴν γῆν, καὶ μηδὲν τῶν ἑτέρων ζῴων [σὺν αὐτοῖς] ὑπὸ ζεύγλην ἄγοντας, ἀλλὰ κατʼ οἰκεῖα γένη κἀκείνοις ποιεῖσθαι τὸν ἄροτον. εἶναι δὲ καθαρὰ τὰ σπέρματα καὶ ἀνεπίμικτα, καὶ μὴ σύνδυο καὶ τρία σπείρειν· οὐ γὰρ τῇ τῶν ἀνομοίων κοινωνίᾳ χαίρειν τὴν φύσιν. μηδὲ κτήνεσιν ἐπάγειν ὅσα μὴ συγγενῆ· δέος γὰρ ἐκ τούτου μὴ διαβῇ καὶ μέχρι τῶν ἀνθρωπείων ἡ πρὸς τὸ ὁμόφυλον ἀτιμία τὴν ἀρχὴν ἀπὸ τῶν περὶ τὰ μικρὰ καὶ τὰ φαῦλα πρότερον λαβοῦσα. δεῖ δὲ μηδὲν εἶναι τοιοῦτον συγκεχωρημένον, ἐξ οὗ κατὰ μίμησιν παρατροπή τις τῶν κατὰ τὴν πολιτείαν ἔσοιτο, ἀλλʼ ὡς οὐδὲ περὶ τῶν τυχόντων ἠμέληται τοῖς νόμοις εἰδόσι προνοεῖσθαι τοῦ κατʼ αὐτοὺς ἀμέμπτου.

[¶22] 231. Let not those that reap, and gather in the corn that is reaped, gather in the gleanings also; but let them rather leave some handfuls for those that are in want of the necessaries of life, that it may be a support and a supply to them, in order to their subsistence. In like manner when they gather their grapes, let them leave some smaller bunches for the poor, and let them pass over some of the fruits of the olive-trees, when they gather them, and leave them to be partaken of by those that have none of their own; for the advantage arising from the exact collection of all, will not be so considerable to the owners as will arise from the gratitude of the poor. And God will provide that the land shall more willingly produce what shall be for the nourishment of its fruits, in case you do not merely take care of your own advantage, but have regard to the support of others also. Nor are you to muzzle the mouths of the oxen when they tread the ears of corn in the thrashing-floor; for it is not just to restrain our fellow-laboring animals, and those that work in order to its production, of this fruit of their labors. Nor are you to prohibit those that pass by at the time when your fruits are ripe to touch them, but to give them leave to fill themselves full of what you have; and this whether they be of your own country or strangers, - as being glad of the opportunity of giving them some part of your fruits when they are ripe; but let it not be esteemed lawful for them to carry any away. Nor let those that gather the grapes, and carry them to the wine-presses, restrain those whom they meet from eating of them; for it is unjust, out of envy, to hinder those that desire it, to partake of the good things that come into the world according to God’s will, and this while the season is at the height, and is hastening away as it pleases God. Nay, if some, out of bashfulness, are unwilling to touch these fruits, let them be encouraged to take of them (I mean, those that are Israelites) as if they were themselves the owners and lords, on account of the kindred there is between them. Nay, let them desire men that come from other countries, to partake of these tokens of friendship which God has given in their proper season; for that is not to be deemed as idly spent, which any one out of kindness communicates to another, since God bestows plenty of good things on men, not only for themselves to reap the advantage, but also to give to others in a way of generosity; and he is desirous, by this means, to make known to others his peculiar kindness to the people of Israel, and how freely he communicates happiness to them, while they abundantly communicate out of their great superfluities to even these foreigners also. But for him that acts contrary to this law, let him be beaten with forty stripes save one by the public executioner; let him undergo this punishment, which is a most ignominious one for a free-man, and this because he was such a slave to gain as to lay a blot upon his dignity; for it is proper for you who have had the experience of the afflictions in Egypt, and of those in the wilderness, to make provision for those that are in the like circumstances; and while you have now obtained plenty yourselves, through the mercy and providence of God, to distribute of the same plenty, by the like sympathy, to such as stand in need of it.

> Greek: 231. Ἀμῶντας δὲ καὶ συναιροῦντας τὰ θέρη μὴ καλαμᾶσθαι, καταλιπεῖν δέ τινα καὶ τῶν δραγμάτων τοῖς βίου σπανίζουσιν ἕρμαιον εἶναι [τούτοις] πρὸς διατροφήν· ὁμοίως δὲ καὶ τῆς τρύγης ἀπολιπεῖν τὰς ἐπιφυλλίδας τοῖς πένησι καὶ τῶν ἐλαιῶν παρεῖναί τι τοῦ καρποῦ πρὸς συλλογὴν τοῖς ἐξ ἰδίων οὐκ ἔχουσι μεταλαβεῖν· οὐ τοσαύτη γὰρ ἂν ἐκ τῆς ἐπʼ ἀκριβὲς αὐτῶν συλλογῆς εὐπορία τοῖς δεσπόταις γένοιτο, ὅση χάρις ἐκ τῶν δεομένων ἔλθοι, τό τε θεῖον τὴν γῆν προθυμοτέραν εἰς τὴν ἐκτροφὴν τῶν καρπῶν ἀπεργάσεται μὴ τοῦ κατʼ αὐτοὺς προνοουμένων λυσιτελοῦς, ἀλλὰ καὶ τῆς τῶν ἄλλων διατροφῆς λόγον ἐχόντων. μηδὲ βοῶν ὁπότε τρίβοιεν τοὺς στάχυας ἀποδεῖν τὰ στόματα ἐπὶ τῆς ἅλωος· οὐ γὰρ εἶναι δίκαιον εἴργειν τοὺς συνειργασμένους τοῦ καρποῦ καὶ περὶ τὴν γένεσιν αὐτοῦ πονήσαντας. μηδὲ ὀπώρας ἀκμαζούσης κωλύειν ἅπτεσθαι τοὺς ὁδῷ βαδίζοντας, ἀλλʼ ὡς ἐξ οἰκείων αὐτοῖς ἐπιτρέπειν ἐμπίπλασθαι, κἂν ἐγχώριοι τυγχάνωσι κἂν ξένοι, χαίροντας ἐπὶ τῷ παρέχειν αὐτοῖς τῶν ὡραίων μεταλαμβάνειν· ἀποφέρεσθαι δʼ αὐτοῖς μηδὲν ἐξέστω. μηδὲ τρυγῶντες ὧν ἂν εἰς τὰς ληνοὺς κομίζωσιν εἰργέτωσαν τοὺς ὑπαντιάζοντας ἐπεσθίειν· ἄδικον γὰρ ἀγαθῶν, ἃ κατὰ βούλησιν θεοῦ παρῆλθεν εἰς τὸν βίον, φθονεῖν τοῖς ἐπιθυμοῦσιν αὐτῶν μεταλαμβάνειν τῆς ὥρας ἐν ἀκμῇ τε οὔσης καὶ σπευδούσης ἀπελθεῖν· ὡς τῷ θεῷ κεχαρισμένον ἂν εἴη, κἂν ὑπʼ αἰσχύνης τινὰς ὀκνοῦντας ἅψασθαι λαβεῖν παρακαλῶσιν, ὄντας μὲν Ἰσραηλίτας ὡς κοινωνοὺς καὶ δεσπότας διὰ τὴν συγγένειαν, ἀφιγμένους δʼ ἀλλαχόθεν ἀνθρώπους ξενίων τυχεῖν ἀξιοῦντας ὧν ὁ θεὸς καθʼ ὥραν αὐτοῖς παρέσχεν. ἀναλώματα γὰρ οὐχ ἡγητέον ὅσα τις κατὰ χρηστότητα παρίησιν ἀνθρώποις λαμβάνειν, τοῦ θεοῦ τὴν ἀφθονίαν τῶν ἀγαθῶν χορηγοῦντος οὐκ ἐπὶ τῷ καρποῦσθαι μόνοις, ἀλλὰ καὶ τῷ τοῖς ἄλλοις μεταδιδόναι φιλοτίμως, καὶ βουλομένου τῷ τρόπῳ τούτῳ τὴν ἰδίαν περὶ τὸν Ἰσραηλιτῶν λαὸν εὔνοιαν καὶ τὴν χορηγίαν τῆς εὐδαιμονίας καὶ τοῖς ἄλλοις ἐμφανίζεσθαι ἐκ πολλοῦ τοῦ περιόντος αὐτοῖς κἀκείνοις μεταδιδόντων. ὁ δὲ παρὰ ταῦτα ποιήσας πληγὰς μιᾷ λειπούσας τεσσαράκοντα τῷ δημοσίῳ σκύτει λαβὼν τιμωρίαν ταύτην αἰσχίστην ἐλεύθερος ὑπομενέτω, ὅτι τῷ κέρδει δουλεύσας ὕβρισε τὸ ἀξίωμα· καλῶς γὰρ ὑμῖν ἔχει πεπειραμένοις ἐν Αἰγύπτῳ συμφορῶν καὶ κατὰ τὴν ἐρημίαν πρόνοιαν τῶν ἐν τοῖς ὁμοίοις ὑπαρχόντων ποιεῖσθαι, καὶ τυχόντας εὐπορίας ἐξ ἐλέου καὶ προνοίας τοῦ θεοῦ τὴν αὐτὴν ταύτην ἐξ ὁμοίου πάθους ἀπομερίζειν τοῖς δεομένοις.

[¶23] 240. Besides those two tithes, which I have already said you are to pay every year, the one for the Levites, the other for the festivals, you are to bring every third year a third tithe to be distributed to those that want; to women also that are widows, and to children that are orphans. But as to the ripe fruits, let them carry that which is ripe first of all into the temple; and when they have blessed God for that land which bare them, and which he had given them for a possession, when they have also offered those sacrifices which the law has commanded them to bring, let them give the first-fruits to the priests. But when any one hath done this, and hath brought the tithe of all that he hath, together with those first-fruits that are for the Levites, and for the festivals, and when he is about to go home, let him stand before the holy house, and return thanks to God, that he hath delivered them from the injurious treatment they had in Egypt, and hath given them a good land, and a large, and lets them enjoy the fruits thereof; and when he hath openly testified that he hath fully paid the tithes [and other dues] according to the laws of Moses, let him entreat God that he will be ever merciful and gracious to him, and continue so to be to all the Hebrews, both by preserving the good things which he hath already given them, and by adding what it is still in his power to bestow upon them.

> Greek: 240. Ταῖς δὲ δεκάταις ταῖς δυσίν, ἃς ἔτους ἑκάστου προεῖπον τελεῖν, τὴν μὲν τοῖς Λευίταις, τὴν δʼ ἑτέραν πρὸς τὰς εὐωχίας, τρίτην πρὸς αὐταῖς κατὰ τὸ ἔτος τρίτον συμφέρειν εἰς διανέμησιν τῶν σπανιζόντων γυναιξί τε χήραις καὶ παισὶν ὀρφανοῖς· τῶν δʼ ὡραίων ὅ τι καὶ πρῶτον ἑκάστῳ τύχῃ γενόμενον εἰς τὸ ἱερὸν κομιζέτωσαν, καὶ τὸν θεὸν ὑπὲρ τῆς ἐνεγκαμένης αὐτὸ γῆς, ἣν αὐτοῖς κτήσασθαι παρέσχεν, εὐλογήσαντες θυσίας ἃς ὁ νόμος αὐτοῖς ἐπιφέρειν κελεύει ἐπιτελέσαντες τούτων τὰ προτέλεια τοῖς ἱερεῦσι διδότωσαν. ἐπειδὰν δὲ ταῦτά τις ποιήσας καὶ πάντων τὰς δεκάτας ἅμα ταῖς εἰς τοὺς Λευίτας καὶ τὰς εὐωχίας ἀπενηνοχὼς ἀπιέναι μέλλῃ πρὸς αὑτὸν οἴκαδε, στὰς ἀντικρὺ τοῦ τεμενίσματος εὐχαριστησάτω μὲν τῷ θεῷ, ὅτι τῆς ἀπʼ Αἰγυπτίων αὐτοὺς ὕβρεως ἀπαλλάξας γῆν αὐτοῖς ἀγαθὴν καὶ πολλὴν ἔδωκε καρποῦσθαι, μαρτυράμενος δὲ ὡς τάς τε δεκάτας κατὰ τοὺς Μωυσέος τελέσειε νόμους αἰτησάσθω τὸν θεὸν εὐμενῆ καὶ ἵλεων αὐτῷ διὰ παντὸς εἶναι καὶ κοινῇ πᾶσιν Ἑβραίοις διαμένειν, φυλάττοντα μὲν ἃ δέδωκεν αὐτοῖς ἀγαθὰ προσκτήσασθαι δὲ ὅσα δύναται χαρίζεσθαι.

[¶24] 244. Let the Hebrews marry, at the age fit for it, virgins that are free, and born of good parents. And he that does not marry a virgin, let him not corrupt another man’s wife, and marry her, nor grieve her former husband. Nor let free men marry slaves, although their affections should strongly bias any of them so to do; for it is decent, and for the dignity of the persons themselves, to govern those their affections. And further, no one ought to marry a harlot, whose matrimonial oblations, arising from the prostitution of her body, God will not receive; for by these means the dispositions of the children will be liberal and virtuous; I mean, when they are not born of base parents, and of the lustful conjunction of such as marry women that are not free. If any one has been espoused to a woman as to a virgin, and does not afterward find her so to be, let him bring his action, and accuse her, and let him make use of such indications to prove his accusation as he is furnished withal; and let the father or the brother of the damsel, or some one that is after them nearest of kin to her, defend her If the damsel obtain a sentence in her favor, that she had not been guilty, let her live with her husband that accused her; and let him not have any further power at all to put her away, unless she give him very great occasions of suspicion, and such as can be no way contradicted. But for him that brings an accusation and calumny against his wife in an impudent and rash manner, let him be punished by receiving forty stripes save one, and let him pay fifty shekels to her father: but if the damsel be convicted, as having been corrupted, and is one of the common people, let her be stoned, because she did not preserve her virginity till she were lawfully married; but if she were the daughter of a priest, let her be burnt alive. If any one has two wives, and if he greatly respect and be kind to one of them, either out of his affection to her, or for her beauty, or for some other reason, while the other is of less esteem with him; and if the son of her that is beloved be the younger by birth than another born of the other wife, but endeavors to obtain the right of primogeniture from his father’s kindness to his mother, and would thereby obtain a double portion of his father’s substance, for that double portion is what I have allotted him in the laws, - let not this be permitted; for it is unjust that he who is the elder by birth should be deprived of what is due to him, on the father’s disposition of his estate, because his mother was not equally regarded by him. He that hath corrupted a damsel espoused to another man, in case he had her consent, let both him and her be put to death, for they are both equally guilty; the man, because he persuaded the woman willingly to submit to a most impure action, and to prefer it to lawful wedlock; the woman, because she was persuaded to yield herself to be corrupted, either for pleasure or for gain. However, if a man light on a woman when she is alone, and forces her, where nobody was present to come to her assistance, let him only be put to death. Let him that hath corrupted a virgin not yet espoused marry her; but if the father of the damsel be not willing that she should be his wife, let him pay fifty shekels as the price of her prostitution. He that desires to be divorced from his wife for any cause whatsoever, (and many such causes happen among men,) let him in writing give assurance that he will never use her as his wife any more; for by this means she may be at liberty to marry another husband, although before this bill of divorce be given, she is not to be permitted so to do: but if she be misused by him also, or if, when he is dead, her first husband would marry her again, it shall not be lawful for her to return to him. If a woman’s husband die, and leave her without children, let his brother marry her, and let him call the son that is born to him by his brother’s name, and educate him as the heir of his inheritance, for this procedure will be for the benefit of the public, because thereby families will not fail, and the estate will continue among the kindred; and this will be for the solace of wives under their affliction, that they are to be married to the next relation of their former husbands. But if the brother will not marry her, let the woman come before the senate, and protest openly that this brother will not admit her for his wife, but will injure the memory of his deceased brother, while she is willing to continue in the family, and to hear him children. And when the senate have inquired of him for what reason it is that he is averse to this marriage, whether he gives a bad or a good reason, the matter must come to this issue, That the woman shall loose the sandals of the brother, and shall spit in his face, and say, He deserves this reproachful treatment from her, as having injured the memory of the deceased. And then let him go away out of the senate, and bear this reproach upon him all his life long; and let her marry to whom she pleases, of such as seek her in marriage. But now, if any man take captive, either a virgin, or one that hath been married, and has a mind to marry her, let him not be allowed to bring her to bed to him, or to live with her as his wife, before she hath her head shaven, and hath put on her mourning habit, and lamented her relations and friends that were slain in the battle, that by this means she may give vent to her sorrow for them, and after that may betake herself to feasting and matrimony; for it is good for him that takes a woman, in order to have children by her, to be complaisant to her inclinations, and not merely to pursue his own pleasure, while he hath no regard to what is agreeable to her. But when thirty days are past, as the time of mourning, for so many are sufficient to prudent persons for lamenting the dearest friends, then let them proceed to the marriage; but in case when he hath satisfied his lust, he be too proud to retain her for his wife, let him not have it in his power to make her a slave, but let her go away whither she pleases, and have that privilege of a free woman.

> Greek: 244. Γαμείτωσαν δὲ ἐν ὥρᾳ γάμου γενόμενοι παρθένους ἐλευθέρας γονέων ἀγαθῶν, ὁ δὲ μὴ μέλλων ἄγεσθαι παρθένον μὴ ζευγνύσθω συνοικοῦσαν ἄλλῳ νοθεύσας μηδὲ λυπῶν τὸν πρότερον αὐτῆς ἄνδρα· δούλας δὲ μὴ γαμεῖσθαι τοῖς ἐλευθέροις, μηδʼ ἂν ὑπʼ ἔρωτος πρὸς τοῦτό τινες ἐκβιάζωνται, κρατεῖν δὲ τῆς ἐπιθυμίας τὸ εὐπρεπὲς καὶ τοῖς ἀξιώμασι πρόσφορον. ἔτι μηδὲ ἡταιρημένης εἶναι γάμον, ἧς διʼ ὕβριν τοῦ σώματος τὰς ἐπὶ τῷ γάμῳ θυσίας ὁ θεὸς οὐκ ἂν προσοῖτο· γένοιτο γὰρ ἂν οὕτω τῶν παίδων τὰ φρονήματα ἐλευθέρια καὶ πρὸς ἀρετὴν ὄρθια, εἰ μὴ τύχοιεν ἐκ γάμων φύντες αἰσχρῶν, μηδʼ ἐξ ἐπιθυμίας οὐκ ἐλευθερίας συνελθόντων. εἴ τις ὡς παρθένον μνηστευσάμενος ἔπειτα μὴ τοιαύτην εὕροι, δίκην λαχὼν αὐτὸς μὲν κατηγορείτω χρώμενος εἰς ἀπόδειξιν οἷς ἂν ἔχῃ τεκμηρίοις, ἀπολογείσθω δὲ ὁ τῆς κόρης πατὴρ ἢ ἀδελφὸς ἢ ὃς ἂν μετὰ τούτους ἐγγυτέρω δοκῇ τοῦ γένους. καὶ κριθεῖσα μὲν ἡ κόρη μὴ ἀδικεῖν συνοικείτω τῷ κατηγορήσαντι μηδεμίαν ἐξουσίαν ἔχοντος ἐκείνου ἀποπέμπεσθαι αὐτήν, πλὴν εἰ μὴ μεγάλας αἰτίας αὐτῷ παράσχοι καὶ πρὸς ἃς οὐδʼ ἀντειπεῖν δυνηθείη. τοῦ δὲ τολμηρῶς καὶ προπετῶς ἐπενεγκεῖν αἰτίαν καὶ διαβολὴν πρόστιμον ἐκτινύτω πληγὰς τεσσαράκοντα μιᾷ λειπούσας λαμβάνων καὶ πεντήκοντα σίκλους ἀποτινύτω τῷ πατρί. ἂν δʼ ἐξελέγξῃ τὴν παιδίσκην ἐφθαρμένην, δημότις μὲν οὖσα τοῦ μὴ σωφρόνως προστῆναι τῆς παρθενίας ἄχρι νομίμων γάμων καταλευέσθω, ἂν δʼ ἐξ ἱερέων ᾖ γεγενημένη, καιέσθω ζῶσα. δύο γυναικῶν οὐσῶν τινι, καὶ τῆς μὲν ἑτέρας ἐν τιμῇ σφόδρα καὶ εὐνοίᾳ κειμένης ἢ διʼ ἔρωτα καὶ κάλλος ἢ κατʼ ἄλλην αἰτίαν, τῆς δʼ ἑτέρας ἐν ἐλάττονι μοίρᾳ τυγχανούσης, ἂν ὁ ἐκ τῆς ἀγαπωμένης παῖς γενόμενος νεώτερος ὢν τοῦ ἐκ τῆς ἑτέρας φύντος ἀξιοῖ διὰ τὴν πρὸς τὴν μητέρα τοῦ πατρὸς εὔνοιαν τῶν πρεσβείων τυγχάνειν, ὥστε διπλοῦν τὸ μέρος τῆς πατρῴας οὐσίας ἐκλαμβάνειν, τοῦτο γὰρ ἐν τοῖς νόμοις διεταξάμην, μὴ συγκεχωρήσθω· ἄδικον γὰρ τὸν τῇ γενέσει πρεσβύτερον, ὅτι τὰ τῆς μητρὸς αὐτῷ ἥττονα παρὰ τῇ διαθέσει τοῦ πατρός, τῶν ὀφειλομένων αὐτῷ στερεῖσθαι. ὁ κόρην ἄλλῳ κατηγγυημένην φθείρας, εἰ μὲν πείσας καὶ πρὸς τὴν φθορὰν συγκάταινον λαβών, ἀποθνησκέτω σὺν αὐτῇ· πονηροὶ γὰρ ὁμοίως ἑκάτεροι, ὁ μὲν τὸ αἴσχιστον πείσας ἑκουσίως ὑπομεῖναι καὶ προτιμῆσαι τοῦτο τοῦ ἐλευθέρου γάμου τὴν κόρην, ἡ δὲ παρασχεῖν ἑαυτὴν πεισθεῖσα διʼ ἡδονὴν ἢ διὰ κέρδος πρὸς τὴν ὕβριν· ἐὰν δέ που μόνῃ περιπεσὼν βιάσηται μηδενὸς βοηθοῦ παρόντος, μόνος ἀποθνησκέτω. ὁ φθείρας παρθένον μήπω κατηγγυημένην αὐτὸς γαμείτω· ἢν δὲ τῷ πατρὶ τῆς κόρης μὴ δόξῃ συνοικίζειν αὐτῷ, πεντήκοντα σίκλους τιμὴν τῆς ὕβρεως καταβαλλέτω. γυναικὸς δὲ τῆς συνοικούσης βουλόμενος διαζευχθῆναι καθʼ ἁσδηποτοῦν αἰτίας, πολλαὶ δʼ ἂν τοῖς ἀνθρώποις τοιαῦται γίγνοιντο, γράμμασι μὲν περὶ τοῦ μηδέποτε συνελθεῖν ἰσχυριζέσθω· λάβοι γὰρ ἂν οὕτως ἐξουσίαν συνοικεῖν ἑτέρῳ, πρότερον γὰρ οὐκ ἐφετέον· εἰ δὲ καὶ πρὸς ἐκεῖνον κακωθείη καὶ τελευτήσαντος αὐτοῦ θελήσειε γαμεῖν ὁ πρότερος, μὴ ἐξεῖναι αὐτῇ ἐπανιέναι. τὴν ἄτεκνον τἀνδρὸς αὐτῇ τετελευτηκότος ὁ ἀδελφὸς ἐκείνου γαμείτω καὶ τὸν παῖδα τὸν γενόμενον τῷ τοῦ τεθνεῶτος καλέσας ὀνόματι τρεφέτω τοῦ κλήρου διάδοχον· τοῦτο γὰρ καὶ τοῖς δημοσίοις λυσιτελήσει γιγνόμενον τῶν οἴκων οὐκ ἐκλειπόντων καὶ τῶν χρημάτων τοῖς συγγενέσι μενόντων, καὶ ταῖς γυναιξὶ κουφισμὸν οἴσει τῆς συμφορᾶς τοῖς ἔγγιστα τῶν προτέρων ἀνδρῶν συνοικούσαις. ἐὰν δὲ μὴ βούληται γαμεῖν ὁ ἀδελφός, ἐπὶ τὴν γερουσίαν ἐλθοῦσα ἡ γυνὴ μαρτυράσθω τοῦθʼ, ὅτι βουλομένην αὐτὴν ἐπὶ τοῦ οἴκου μένειν καὶ τεκνοῦν ἐξ αὐτοῦ μὴ προσδέχοιτο ὑβρίζων τὴν τοῦ τεθνηκότος ἀδελφοῦ μνήμην. ἐρομένης δὲ τῆς γερουσίας, διὰ ποίαν αἰτίαν ἀλλοτρίως ἔχοι πρὸς τὸν γάμον, ἄν τε μικρὰν ἄν τε μείζω λέγῃ, πρὸς ταῦτα ῥεπέτω· ὑπολύσασα δʼ αὐτὸν ἡ γυνὴ τἀδελφοῦ τὰ σάνδαλα, καὶ πτύουσα αὐτοῦ εἰς τὸ πρόσωπον τούτων αὐτὸν ἄξιον εἶναι παρʼ αὐτῆς λεγέτω τυγχάνειν ὑβρίσαντα τὴν τοῦ κατοιχομένου μνήμην. καὶ ὁ μὲν ἐκ τῆς γερουσίας ἀπίτω τοῦτʼ ἔχων ὄνειδος πρὸς ἅπαντα τὸν βίον, ἡ δʼ ᾧπερ ἂν βουληθῇ τινι τῶν δεομένων γαμείσθω. ἂν δʼ αἰχμάλωτόν τις λάβῃ παρθένον ἄν τε καὶ γεγαμημένην, βουλομένῳ συνοικεῖν μὴ πρότερον ἐξέστω εὐνῆς ἅψασθαι καὶ κοινωνίας, πρὶν ἢ ξυραμένην αὐτὴν καὶ πένθιμον σχῆμα ἀναλαβοῦσαν ἀποθρηνῆσαι συγγενεῖς καὶ φίλους τοὺς ἀπολωλότας ἐν τῇ μάχῃ, ὅπως τὸ ἐπʼ αὐτοῖς κορέσασα λυπηρὸν ἔπειθʼ οὕτως ἐπʼ εὐωχίας τράπηται καὶ γάμους· καλὸν γὰρ εἶναι καὶ δίκαιον παιδοποιὸν παραλαμβάνοντα θεραπεύειν αὐτῆς τὸ βουλητὸν, ἀλλὰ μὴ τὴν ἰδίαν ἡδονὴν διώκοντα μόνον τοῦ κατʼ αὐτὴν ἀμελεῖν κεχαρισμένου. τριάκοντα δʼ ἡμερῶν τῷ πένθει διελθουσῶν, αὐτάρκεις γὰρ ἐπὶ τοῖς δακρύοις αὗται τῶν φιλτάτων ταῖς φρονίμοις, τότε χωρεῖν ἐπὶ τὸν γάμον. εἰ δʼ ἐμπλησθεὶς τῆς ἐπιθυμίας ὑπερηφανεύσειεν αὐτὴν γαμετὴν ἔχειν, μηκέτʼ ἐξουσίαν ἐχέτω καταδουλοῦν αὐτήν, ἀλλʼ ὅπη βούλεται χωρεῖν ἀπίτω τοῦτο ἐλεύθερον ἔχουσα.