--- title: "The Special Laws — Books I–IV" author: "Philo of Alexandria" translator: "C. D. Yonge" languages: [en] shelf: "Second Temple" section: 63 of 80 url: https://scriptura.si/works/philo-tlg024-yonge-ogl/63/ cite: "Philo of Alexandria, tr. C. D. Yonge, The Special Laws — Books I–IV, section 63. Scriptura (scriptura.si), https://scriptura.si/works/philo-tlg024-yonge-ogl/63/" --- # The Special Laws — Books I–IV *Philo of Alexandria, tr. C. D. Yonge* ## 63. Section 4.22 Source: https://scriptura.si/works/philo-tlg024-yonge-ogl/63/ · cite a paragraph as https://scriptura.si/works/philo-tlg024-yonge-ogl/63/#p-N [¶0] If, therefore, any shepherd or goatherd, or oxherd, or in short any manager of any kind of cattle, drives his herds to feed and pasture upon another man’s land, sparing neither crops nor trees, he shall pay a fine equal to the value of those crops and trees. ### Section 4.23 [¶2] And he may be very well content to escape with this punishment, having met with a very merciful and exceedingly indulgent law, which, though he has adopted the conduct of implacable foreign enemies, who are accustomed to lay waste the lands and to destroy the cultivated trees of the inhabitants, has, nevertheless, not chastised him as a common enemy, inflicting upon him death, or exile, or of, lastly, a confiscation of all his property; but has merely sentenced him to make good the damage done to the owner. ### Section 4.24 [¶4] For as the lawgiver was always seeking pretexts by which to lighten whatever misfortunes have been suffered by reason of the excessive gentleness and humanity which he derived from nature and from habit, he found an excuse for the shepherd on the ground that the nature of cattle was inconsiderate and disobedient, and especially so when in pursuit of food. ### Section 4.25 [¶6] Let the shepherd, then, be guilty, as having originally driven his herd into an unsuitable place, but still let him not bear the blame of every thing that has ensued from his doing so. For it is natural to suppose that, as soon as he perceived the mischief that had taken place he endeavoured to drive them out again, but that his beasts resisted him, luxuriating in the green pasture, and the tender crops, and shoots which they were devouring. ### Section 4.26 [¶8] CONCERNING NOT SETTING FIRE TO BRAMBLES INCONSIDERATELY. [¶9] And not only do those men do damage who devour the property of others with their flocks and herds, but so also do those who inconsiderately and carelessly kindle a fire; for if the power of fire catches hold of any appropriate fuel, it spreads in every direction, and extends and devours all around. And when it has once got ahead it defies all the means of extinguishing it which any one seeks to apply, taking the very things employed for that purpose as food for its increase, until having consumed every thing it is at last exhausted by itself. ### Section 4.27 [¶11] It is right, therefore, never to leave any fire either in a house or in any stables in the fields unguarded, since we well know that a single spark has often smouldered long, and at last has been fanned into a flame, and so has consumed great cities, especially when the flame has been borne onwards by a favourable wind. ### Section 4.28 [¶13] Accordingly, in savage wars the first, the middle, and the last power which is excited is that of fire, to which the enemies trust more than they do to their squadrons of infantry, or cavalry, or to their fleets, or to their unlimited supplies of arms and naval stores. For if any one with good aim shoots a fiery arrow among a numerous squadron of ships he may burn it with all the crews, or he may thus destroy vast camps with all their baggage, and furniture, and equipments, on which the army rested its hopes of victory. ### Section 4.29 [¶15] If, then, any one scatters fire among a heap of brambles or thorns, and the fire kindles and burns a threshing floor full of wheat, or barley, or vetches, or sheaves of corn which have been gathered together, or any fertile plain full of pasture, then the man who scattered the fire shall pay the amount of the damage done, in order that by his suffering he may learn to take good care and to guard against the beginnings This resembles Ovid— Principiis obsta, sero medicina paratur, Cum mala per longas invaluere moras, Which may be translated— Check the first rise: all remedy’s too late When long delay has made the mischief great. of things, and may not awaken and stir up an invincible power which might otherwise have remained quiet. ### Section 4.30 [¶17] CONCERNING DEPOSITS. [¶18] A deposit is the most sacred of all those things which relate to the associations of men with regard to property, inasmuch as it depends upon the good faith alone of the man who has received it. For loans are proved by contracts and writings, and things which, independent of loans, are openly used, have all the persons who see them for witnesses. ### Section 4.31 [¶20] But this is not the case with deposits, but the owner by _ himself gives them privily to the man who receives them by himself, looking carefully round the place, and not even taking a slave with him for the purpose of carrying the thing to be deposited, even though he be ever so affectionate to his master; for each of the two parties appears to be anxious to avoid discovery; the one depositing the thing in order to receive it again, and the other being desirous not to be known to have received it. But we ought by all means to look upon the invisible God as an unseen third party to every concealed action, whom it is natural to make as a witness for both parties; the receiver calling him to witness that he will restore the deposit when it is demanded back from him, and the other making him to see that he receives it back at the proper time. ### Section 4.32 [¶22] Let, then, the man who commits this great wickedness and denies his deposit not be ignorant that he has deceived him who committed it to him of his hope, and that he is concealing a wicked disposition under specious language, and that he is hypocritically pretending a bastard sort of faith while in reality faithless, showing that all his pledges are worthless and all his oaths disregarded, so that he This resembles Ovid— Principiis obsta, sero medicina paratur, Cum mala per longas invaluere moras, Which may be translated— Check the first rise: all remedy’s too late When long delay has made the mischief great. neglects all human and all divine obligations; and that he is denying two deposits at once; firstly, the deposit of him who entrusted his property to his care; and secondly, that of that most unerring and infallible witness who sees all the actions of all men, and hears all the words of all men, whether they are willing that he should do so or not. ### Section 4.33 [¶24] But if the man who has received a deposit as a sacred thing thinks that he ought to keep it without fraud, duly honouring truth and good faith, but yet others who are always plotting against their neighbours’ property, such as cutpurses or housebreakers, break in treacherously and steal the deposit so entrusted, then he shall pay as a penalty double the value of what has been stolen by the thieves.