A Treatise on Those Special Laws Which Are Contained Under and Have Reference to the Eighth and Ninth, and Tenth Commandments

 I. (1) I have in my previous treatises spoken of the laws relating to adultery and murder, and to all the subordinate offences which come under those

 II. (7) If any one being insanely carried away by a desire for the property of others attempts to steal it, and not being able easily to carry it off

 III. (11) Now other thefts are to be atoned for by a payment of double the value of the thing stolen but if any one steals an ox or a sheep, the law

 IV. (13) A kidnapper also is a thief but he is, moreover, a thief who steals the very most excellent thing that exists upon the earth. Now, in the ca

 V. (20) In the field also, as some one of the old writers has said, lawsuits arise since covetousness and a desire for the possessions of others

 VI. (26) 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 a

 VII. (30) 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 upo

 VIII. (41) This is the ninth of the ten commandments, being the fourth in number of those in the second table but one which is calculated to bestow t

 IX. (55) The law thinks that all those who adhere to the sacred constitution, established by Moses, ought to be free from all unreasonable passions, a

 X. (59) In the first place the law enjoins the judge not to listen to vain Reports.[Ex 23:1.] Why is this? The law says, My good man, let thy ears be

 XI. (62) The second commandment given to a judge is not to receive gifts [Ex 23:8.] for gifts, says the law, blind the eyes that see, and pervert jus

 XII. (70) The third commandment given to a judge is to investigate the transactions themselves, in preference to showing any regard to the parties to

 XIII. (72) And in addition to what has already been said, there is another most admirable precept given which enjoins the judge not to show pity upon

 XIV. (79) Every passion is open to and deserving of blame, inasmuch as every immoderate and violent impulse, and every irrational and unnatural emotio

 XV. (84) So great and so excessive an evil is covetous desire or rather, if I am to speak the plain truth concerning it, it is the source of all evil

 XVI. (95) And the most holy Moses appears to me to have had a regard to all these circumstances, and on that account to have commanded that men should

 XVII. (100) Moreover, Moses has not granted an unlimited possession and use of all other animals to those who partake in his sacred constitution, but

 XVIII. (105) The animals which are clean and lawful to be used as food are ten in number the heifer, the lamb, the goat, the stag, the antelope, the

 XIX. (109) For this reason all animals with solid hoofs, and all with many toes are spoken of by implication as unclean the one because, being so, th

 XX. (110) Having laid down these definitions with respect to land animals, he proceeds to describe what aquatic creatures are clean and lawful to be u

 XXI. (113) And adhering to the same general idea the lawgiver asserts that those reptiles which have no feet, and which crawl onwards, dragging themse

 XXII. (116) Having, therefore, in his ordinances already gone through all the different kinds of land animals and of those who live in the water, and

 XXIII. (119) Moreover, Moses Commands[Le 5:2.] that no man shall take of any dead carcass, or of any body which has been torn by wild beasts partly b

 XXIV. For the essence of the soul of man is the breath of God, especially if we follow the account of Moses, who, in his history of the creation of th

 XXV. (132) This may be sufficient to say, being in fact all that I am able to advance, about the laws which bear on appetite and desire by way of fill

 XXVI. (136) One portion of justice, and that not an unimportant one, relates to courts of justice and to the judge, which indeed I have mentioned befo

 XXVII. (143) The lawgiver also gives this most admirable injunction, that one must not add anything to, or take anything away from the law, but that i

 XXVIII. (149) There is also this commandment ordained which is of great common utility, that, Thou shalt not move thy neighbours' landmarks which the

 XXIX. (151) Some persons have contended that all magistracies ought to have the officers appointed to them by lot which however is a mode of proceedi

 XXX. (157) The all-wise Moses seeing this by the power of his own soul, makes no mention of any authority being assigned by lot, but he has chosen to

 XXXI. (158) And Moses gives also two reasons, on account of which it is not proper for strangers to be elected to situations of authority in the firs

 XXXII. (160) And from the first day on which any one enters upon his office, he orders that he shall write out a copy of the book of the Law[De 17:18.

 XXXIII. (170) And it becomes a man who has been thought worthy of the supreme and greatest authority to appoint successors who may govern with him and

 XXXIV. (176) We have here mentioned one example of what we before alluded to. We must now add an instance of the second kind. I said that the causes o

 XXXV. (183) The law also forbids, by a most just and reasonable prohibition, the man who has undertaken the care and government of the common interest

 XXXVI. (188) Therefore it is right for good rulers of a nation to imitate him in these points, if they have any anxiety to attain to a similitude to G

 XXXVII. (193) Again, merchants and pedlars, and people in the market, and all those who deal in things necessary for life, [Le 19:36.] and who in cons

 XXXVIII. (197) Also this commandment is given with exceeding propriety, [Le 19:14.] which forbids anyone from blaspheming and speaking ill, especially

 XXXIX. (203) After this the lawgiver proceeds to connect with these commandments a somewhat similar harmony or series of injunctions commanding breed

 XL. (208) The commandment which came in the middle of the three injunctions about pairs, was that one was not to sow a vineyard so as to make it bear

 XLI. (219) These, then, are the laws which he appoints to be observed by each individual. But there are other commandments of a more general nature of

 XLII. (230) We have now enumerated the matters which belong to justice but as for justice itself, what poet or orator could celebrate it, in worthy t

VIII. (41) This is the ninth of the ten commandments, being the fourth in number of those in the second table; but one which is calculated to bestow ten thousand benefits on human life if it be kept, as, on the other hand, it may injure men in innumerable ways if it is neglected; (42) for the false accuser is to be blamed, but he who bears witness to what is false is more guilty still; for the one acts only from a desire to protect himself, but the other is wicked from his wish to co-operate with another in iniquity. And in the comparison of wicked men he who does wrong for his own sake is less unrighteous than he who does so for another. (43) And every judge looks with suspicion on an accuser, as likely to pay but little attention to truth for the sake of coming off in safety himself, on which account the accuser stands in need of a preface to beg the attention of the hearer while he is speaking; but if the judge has no prejudice against a witness on any personal grounds he receives his evidence with a willing mind and open ears, while he is covering over those most excellent things, truth and good faith, which specious language. And the false witnesses use seductive words as a sportsman uses bait for the purpose of attaining the objects which he desires and aims at. (44) For which reasons, in many parts of his enactment of the law, he commands that we should not approve of any wicked man or Action.[Ex 23:1.] For any approbation of what is not virtuous is likely to lead to giving false evidence; since every one to whom iniquity is a disagreeable and hateful thing is a friend of truth. (45) Now there is no great wonder in a man's having connected himself with one wicked person, who has incited him to an action resembling his own character; but it is a sign of a noble soul, and of a disposition practised in manly resolutions not to follow a multitude to do evil, like a man borne down over a precipice by the collective force of a torrent. (46) For some people, among the multitude, think some things lawful and just, even though they be most flagitious, not judging correctly; for it is well to follow nature, but this impulse of the multitude is wholly at variance with the following of nature. (47) If, then, some persons, being assembled together in companies and numerous multitudes, attempt to make any innovations, one must not consent to them, since they are adulterating the ancient and approved coinage of the state; for one wise counsel is superior to many attempts, but ignorance, in conjunction with numbers, is a great evil; (48) but some persons practise such an excess of wickedness that they not only accuse mortal men, but adhere and cling to their unrighteousness, so as even to raise their lies as high as heaven, and to bear their testimony against the blessed and happy nature of God. And by these men I mean soothsayers, and diviners, and augurs, and all other persons who practise what they call divination studying, an art without any art, if one must tell the plain truth, a mere bare imitation of the real inspiration and prophetic gift; (49) for a prophet does not utter anything whatever of his own, but is only an interpreter, another Being suggesting to him all that he utters, while he is speaking under inspiration, being in ignorance that his own reasoning powers are departed, and have quitted the citadel of his soul; while the divine spirit has entered in and taken up its abode there, and is operating upon all the organization of his voice, and making it sound to the distinct manifestation of all the prophecies which he is delivering. (50) But all those persons who pursue the spurious and pretended kind of prophecy are inverting the order of truth by conjectures and guesses, perverting sincerity, and easily influencing those who are of unstable dispositions, as a violent wind, when blowing in a contrary direction, tosses about and overturns vessels without ballast, preventing them from anchoring in the safe havens of truth. For such persons think proper to say whatever they conjecture, not as if they were things which they themselves had found out, but as if they were divine oracles revealed to themselves alone, for the more complete inducement of great and numerous crowds to believe a deceit. (51) Such persons our lawgiver very appropriately calls false prophets, who adulterate the true prophecy, and overshadow what is genuine by their spurious devices; but in a very short time all their manoeuvres are detected, since nature does not choose to be always hidden, but, when a suitable opportunity offers, displays her own power with irresistible strength. (52) For as in the case of eclipses of the sun the rays which have, for a brief moment, been obscured, a short time afterwards shine forth again, exhibiting an unclouded and far-seen brilliancy without anything whatever coming over the sun at all, but one unalloyed blaze beaming forth from him in a serene sky; so also, even though some persons may deliver predictions, practising a lying art of prophecy, and disguising themselves under the specious name of prophetic inspiration, falsely taking the name of God in vain, they will be easily convicted. For, again, the truth will come forth and will beam forth, shedding around a most conspicuous light, so that the falsehood which has previously overshadowed it will disappear. (53) Moreover there also was an Excellent[Nu 35:30.] commandment that Moses gave when he ordained that the judge should "not receive the testimony of one Witness."[De 17:6; 19:15.] First of all, because it is possible that one person may without designing it have a false impression of a thing, or may be careless about it and therefore be deceived. For there are innumerable false opinions, which frequently arise from an innumerable variety of grounds; (54) and secondly, because it is most unjust to trust to one witness against many persons, or indeed against only one individual; in the first place, because many are more entitled to belief than one, since the one is not superior in number to many, and equality of number is inconsistent with any preponderance; for why should the judge trust a single witness, bearing testimony against another, rather than the defendant pleading in his own behalf? But, as it should seem, it is best to suspend one's opinion, where there is no deficiency and no excess to guide the judgment.

ON THE OFFICE AND CHARACTER OF A JUDGE