Against Apion

by Flavius Josephus

16. To begin then a good way backward, I would advance this, in the first place, that those who have been admirers of good order, and of living under common laws, and who began to introduce them, may well have this testimony that they are better than other men, both for moderation and such virtue as is agreeable to nature. Indeed their endeavor was to have every thing they ordained believed to be very ancient, that they might not be thought to imitate others, but might appear to have delivered a regular way of living to others after them. Since then this is the case, the excellency of a legislator is seen in providing for the people's living after the best manner, and in prevailing with those that are to use the laws he ordains for them, to have a good opinion of them, and in obliging the multitude to persevere in them, and to make no changes in them, neither in prosperity nor adversity. Now I venture to say, that our legislator is the most ancient of all the legislators whom we have ally where heard of; for as for the Lycurguses, and Solons, and Zaleucus Locrensis, and all those legislators who are so admired by the Greeks, they seem to be of yesterday, if compared with our legislator, insomuch as the very name of a law was not so much as known in old times among the Grecians. Homer is a witness to the truth of this observation, who never uses that term in all his poems; for indeed there was then no such thing among them, but the multitude was governed by wise maxims, and by the injunctions of their king. It was also a long time that they continued in the use of these unwritten customs, although they were always changing them upon several occasions. But for our legislator, who was of so much greater antiquity than the rest, [as even those that speak against us upon all occasions do always confess,] he exhibited himself to the people as their best governor and counselor, and included in his legislation the entire conduct of their lives, and prevailed with them to receive it, and brought it so to pass, that those that were made acquainted with his laws did most carefully observe them.

17. But let us consider his first and greatest work; for when it was resolved on by our forefathers to leave Egypt, and return to their own country, this Moses took the many tell thousands that were of the people, and saved them out of many desperate distresses, and brought them home in safety. And certainly it was here necessary to travel over a country without water, and full of sand, to overcome their enemies, and, during these battles, to preserve their children, and their wives, and their prey; on all which occasions he became an excellent general of an army, and a most prudent counselor, and one that took the truest care of them all; he also so brought it about, that the whole multitude depended upon him. And while he had them always obedient to what he enjoined, he made no manner of use of his authority for his own private advantage, which is the usual time when governors gain great powers to themselves, and pave the way for tyranny, and accustom the multitude to live very dissolutely; whereas, when our legislator was in so great authority, he, on the contrary, thought he ought to have regard to piety, and to show his great good-will to the people; and by this means he thought he might show the great degree of virtue that was in him, and might procure the most lasting security to those who had made him their governor. When he had therefore come to such a good resolution, and had performed such wonderful exploits, we had just reason to look upon ourselves as having him for a divine governor and counselor. And when he had first persuaded himself [17] that his actions and designs were agreeable to God's will, he thought it his duty to impress, above all things, that notion upon the multitude; for those who have once believed that God is the inspector of their lives, will not permit themselves in any sin. And this is the character of our legislator: he was no impostor, no deceiver, as his revilers say, though unjustly, but such a one as they brag Minos [18] to have been among the Greeks, and other legislators after him; for some of them suppose that they had their laws from Jupiter, while Minos said that the revelation of his laws was to be referred to Apollo, and his oracle at Delphi, whether they really thought they were so derived, or supposed, however, that they could persuade the people easily that so it was. But which of these it was who made the best laws, and which had the greatest reason to believe that God was their author, it will be easy, upon comparing those laws themselves together, to determine; for it is time that we come to that point. [19] Now there are innumerable differences in the particular customs and laws that are among all mankind, which a man may briefly reduce under the following heads: Some legislators have permitted their governments to be under monarchies, others put them under oligarchies, and others under a republican form; but our legislator had no regard to any of these forms, but he ordained our government to be what, by a strained expression, may be termed a Theocracy, [20] by ascribing the authority and the power to God, and by persuading all the people to have a regard to him, as the author of all the good things that were enjoyed either in common by all mankind, or by each one in particular, and of all that they themselves obtained by praying to him in their greatest difficulties. He informed them that it was impossible to escape God's observation, even in any of our outward actions, or in any of our inward thoughts. Moreover, he represented God as unbegotten, [21] and immutable, through all eternity, superior to all mortal conceptions in pulchritude; and, though known to us by his power, yet unknown to us as to his essence. I do not now explain how these notions of God are the sentiments of the wisest among the Grecians, and how they were taught them upon the principles that he afforded them. However, they testify, with great assurance, that these notions are just, and agreeable to the nature of God, and to his majesty; for Pythagoras, and Anaxagoras, and Plato, and the Stoic philosophers that succeeded them, and almost all the rest, are of the same sentiments, and had the same notions of the nature of God; yet durst not these men disclose those true notions to more than a few, because the body of the people were prejudiced with other opinions beforehand. But our legislator, who made his actions agree to his laws, did not only prevail with those that were his contemporaries to agree with these his notions, but so firmly imprinted this faith in God upon all their posterity, that it never could be removed. The reason why the constitution of this legislation was ever better directed to the utility of all than other legislations were, is this, that Moses did not make religion a part of virtue, but he saw and he ordained other virtues to be parts of religion; I mean justice, and fortitude, and temperance, and a universal agreement of the members of the community with one another; for all our actions and studies, and all our words, [in Moses's settlement,] have a reference to piety towards God; for he hath left none of these in suspense, or undetermined. For there are two ways of coming at any sort of learning and a moral conduct of life; the one is by instruction in words, the other by practical exercises. Now other lawgivers have separated these two ways in their opinions, and choosing one of those ways of instruction, or that which best pleased every one of them, neglected the other. Thus did the Lacedemonians and the Cretians teach by practical exercises, but not by words; while the Athenians, and almost all the other Grecians, made laws about what was to be done, or left undone, but had no regard to the exercising them thereto in practice.

18. But for our legislator, he very carefully joined these two methods of instruction together; for he neither left these practical exercises to go on without verbal instruction, nor did he permit the hearing of the law to proceed without the exercises for practice; but beginning immediately from the earliest infancy, and the appointment of every one's diet, he left nothing of the very smallest consequence to be done at the pleasure and disposal of the person himself. Accordingly, he made a fixed rule of law what sorts of food they should abstain from, and what sorts they should make use of; as also, what communion they should have with others what great diligence they should use in their occupations, and what times of rest should be interposed, that, by living under that law as under a father and a master, we might be guilty of no sin, neither voluntary nor out of ignorance; for he did not suffer the guilt of ignorance to go on without punishment, but demonstrated the law to be the best and the most necessary instruction of all others, permitting the people to leave off their other employments, and to assemble together for the hearing of the law, and learning it exactly, and this not once or twice, or oftener, but every week; which thing all the other legislators seem to have neglected.

19. And indeed the greatest part of mankind are so far from living according to their own laws, that they hardly know them; but when they have sinned, they learn from others that they have transgressed the law. Those also who are in the highest and principal posts of the government, confess they are not acquainted with those laws, and are obliged to take such persons for their assessors in public administrations as profess to have skill in those laws; but for our people, if any body do but ask any one of them about our laws, he will more readily tell them all than he will tell his own name, and this in consequence of our having learned them immediately as soon as ever we became sensible of any thing, and of our having them as it were engraven on our souls. Our transgressors of them are but few, and it is impossible, when any do offend, to escape punishment.

20. And this very thing it is that principally creates such a wonderful agreement of minds amongst us all; for this entire agreement of ours in all our notions concerning God, and our having no difference in our course of life and manners, procures among us the most excellent concord of these our manners that is any where among mankind; for no other people but the Jews have avoided all discourses about God that any way contradict one another, which yet are frequent among other nations; and this is true not only among ordinary persons, according as every one is affected, but some of the philosophers have been insolent enough to indulge such contradictions, while some of them have undertaken to use such words as entirely take away the nature of God, as others of them have taken away his providence over mankind. Nor can any one perceive amongst us any difference in the conduct of our lives, but all our works are common to us all. We have one sort of discourse concerning God, which is conformable to our law, and affirms that he sees all things; as also we have but one way of speaking concerning the conduct of our lives, that all other things ought to have piety for their end; and this any body may hear from our women, and servants themselves.

21. And, indeed, hence hath arisen that accusation which some make against us, that we have not produced men that have been the inventors of new operations, or of new ways of speaking; for others think it a fine thing to persevere in nothing that has been delivered down from their forefathers, and these testify it to be an instance of the sharpest wisdom when these men venture to transgress those traditions; whereas we, on the contrary, suppose it to be our only wisdom and virtue to admit no actions nor supposals that are contrary to our original laws; which procedure of ours is a just and sure sign that our law is admirably constituted; for such laws as are not thus well made are convicted upon trial to want amendment.

22. But while we are ourselves persuaded that our law was made agreeably to the will of God, it would be impious for us not to observe the same; for what is there in it that any body would change? and what can be invented that is better? or what can we take out of other people's laws that will exceed it? Perhaps some would have the entire settlement of our government altered. And where shall we find a better or more righteous constitution than ours, while this makes us esteem God to be the Governor of the universe, and permits the priests in general to be the administrators of the principal affairs, and withal intrusts the government over the other priests to the chief high priest himself? which priests our legislator, at their first appointment, did not advance to that dignity for their riches, or any abundance of other possessions, or any plenty they had as the gifts of fortune; but he intrusted the principal management of Divine worship to those that exceeded others in an ability to persuade men, and in prudence of conduct. These men had the main care of the law and of the other parts of the people's conduct committed to them; for they were the priests who were ordained to be the inspectors of all, and the judges in doubtful cases, and the punishers of those that were condemned to suffer punishment.

23. What form of government then can be more holy than this? what more worthy kind of worship can be paid to God than we pay, where the entire body of the people are prepared for religion, where an extraordinary degree of care is required in the priests, and where the whole polity is so ordered as if it were a certain religious solemnity? For what things foreigners, when they solemnize such festivals, are not able to observe for a few days' time, and call them Mysteries and Sacred Ceremonies, we observe with great pleasure and an unshaken resolution during our whole lives. What are the things then that we are commanded or forbidden? They are simple, and easily known. The first command is concerning God, and affirms that God contains all things, and is a Being every way perfect and happy, self-sufficient, and supplying all other beings; the beginning, the middle, and the end of all things. He is manifest in his works and benefits, and more conspicuous than any other being whatsoever; but as to his form and magnitude, he is most obscure. All materials, let them be ever so costly, are unworthy to compose an image for him, and all arts are unartful to express the notion we ought to have of him. We can neither see nor think of any thing like him, nor is it agreeable to piety to form a resemblance of him. We see his works, the light, the heaven, the earth, the sun and the moon, the waters, the generations of animals, the productions of fruits. These things hath God made, not with hands, nor with labor, nor as wanting the assistance of any to cooperate with him; but as his will resolved they should be made and be good also, they were made and became good immediately. All men ought to follow this Being, and to worship him in the exercise of virtue; for this way of worship of God is the most holy of all others.

24. There ought also to be but one temple for one God; for likeness is the constant foundation of agreement. This temple ought to be common to all men, because he is the common God of all men. High priests are to be continually about his worship, over whom he that is the first by his birth is to be their ruler perpetually. His business must be to offer sacrifices to God, together with those priests that are joined with him, to see that the laws be observed, to determine controversies, and to punish those that are convicted of injustice; while he that does not submit to him shall be subject to the same punishment, as if he had been guilty of impiety towards God himself. When we offer sacrifices to him, we do it not in order to surfeit ourselves, or to be drunken; for such excesses are against the will of God, and would be an occasion of injuries and of luxury; but by keeping ourselves sober, orderly, and ready for our other occupations, and being more temperate than others. And for our duty at the sacrifices [22] themselves, we ought, in the first place, to pray for the common welfare of all, and after that for our own; for we are made for fellowship one with another, and he who prefers the common good before what is peculiar to himself is above all acceptable to God. And let our prayers and supplications be made humbly to God, not [so much] that he would give us what is good, [for he hath already given that of his own accord, and hath proposed the same publicly to all,] as that we may duly receive it, and when we have received it, may preserve it. Now the law has appointed several purifications at our sacrifices, whereby we are cleansed after a funeral, after what sometimes happens to us in bed, and after accompanying with our wives, and upon many other occasions, which it would be too long now to set down. And this is our doctrine concerning God and his worship, and is the same that the law appoints for our practice.

25. But, then, what are our laws about marriage? That law owns no other mixture of sexes but that which nature hath appointed, of a man with his wife, and that this be used only for the procreation of children. But it abhors the mixture of a male with a male; and if any one do that, death is its punishment. It commands us also, when we marry, not to have regard to portion, nor to take a woman by violence, nor to persuade her deceitfully and knavishly; but to demand her in marriage of him who hath power to dispose of her, and is fit to give her away by the nearness of his kindred; for, says the Scripture, "A woman is inferior to her husband in all things." [23] Let her, therefore, be obedient to him; not so that he should abuse her, but that she may acknowledge her duty to her husband; for God hath given the authority to the husband. A husband, therefore, is to lie only with his wife whom he hath married; but to have to do with another man's wife is a wicked thing, which, if any one ventures upon, death is inevitably his punishment: no more can he avoid the same who forces a virgin betrothed to another man, or entices another man's wife. The law, moreover, enjoins us to bring up all our offspring, and forbids women to cause abortion of what is begotten, or to destroy it afterward; and if any woman appears to have so done, she will be a murderer of her child, by destroying a living creature, and diminishing human kind; if any one, therefore, proceeds to such fornication or murder, he cannot be clean. Moreover, the law enjoins, that after the man and wife have lain together in a regular way, they shall bathe themselves; for there is a defilement contracted thereby, both in soul and body, as if they had gone into another country; for indeed the soul, by being united to the body, is subject to miseries, and is not freed therefrom again but by death; on which account the law requires this purification to be entirely performed.