094: The Special Laws, III (Part 1)

THE SPECIAL LAWS, III - Part 1^*

*Yonge’s title, A Treatise on Those Special Laws Which Are Referrible to Two Commandments in the Decalogue, the Sixth and Seventh, Against Adulterers and All Lewd Persons, and Against Murderers and All Violence.

I. (1) There was once a time when, devoting my leisure to philosophy and to the contemplation of the world and the things in it, I reaped the fruit of excellent, and desirable, and blessed intellectual feelings, being always living among the divine oracles and doctrines, on which I fed incessantly and insatiably, to my great delight, never entertaining any low or grovelling thoughts, nor ever wallowing in the pursuit of glory or wealth, or the delights of the body, but I appeared to be raised on high and borne aloft by a certain inspiration of the soul, and to dwell in the regions of the sun and moon, and to associate with the whole heaven, and the whole universal world. (2) At that time, therefore, looking down from above, from the air, and straining the eye of my mind as from a watch-tower, I surveyed the unspeakable contemplation of all the things on the earth, and looked upon myself as happy as having forcibly escaped from all the evil fates that can attack human life. (3) Nevertheless, the most grievous of all evils was lying in wait for me, namely, envy, that hates every thing that is good, and which, suddenly attacking me, did not cease from dragging me after it by force till it had taken me and thrown me into the vast sea of the cares of public politics, in which I was and still am tossed about without being able to keep myself swimming at the top. (4) But though I groan at my fate, I still hold out and resist, retaining in my soul that desire of instruction which has been implanted in it from my earliest youth, and this desire taking pity and compassion on me continually raises me up and alleviates my sorrow. And it is through this fondness for learning that I at times lift up my head, and with the eyes of my soul, which are indeed dim (for the mist of affairs, wholly inconsistent with their proper objects, has overshadowed their acute clear-sightedness), still, as well as I may, I survey all the things around me, being eager to imbibe something of a life which shall be pure and unalloyed by evils. (5) And if at any time unexpectedly there shall arise a brief period of tranquillity, and a short calm and respite from the troubles which arise from state affairs, I then rise aloft and float above the troubled waves, soaring as it were in the air, and being, I may almost say, blown forward by the breezes of knowledge, which often persuades me to flee away, and to pass all my days with her, escaping as it were from my pitiless masters, not men only, but also affairs which pour upon me from all quarters and at all times like a torrent. (6) But even in these circumstances I ought to give thanks to God, that though I am so overwhelmed by this flood, I am not wholly sunk and swallowed up in the depths. But I open the eyes of my soul, which from an utter despair of any good hope had been believed to have been before now wholly darkened, and I am irradiated with the light of wisdom, since I am not given up for the whole of my life to darkness. Behold, therefore, I venture not only to study the sacred commands of Moses, but also with an ardent love of knowledge to investigate each separate one of them, and to endeavour to reveal and to explain to those who wish to understand them, things concerning them which are not known to the multitude.

II. (7) And since of the ten commandments which God himself gave to his people without employing the agency of any prophet or interpreter, five which are engraved in the first tablet have been already discussed and explained, as have also all the particular injunctions which were comprehended under them; and since it is now proper to examine and expound to the best of our power and ability the rest of the commandments which are found in the second table, I will attempt as before to adapt the particular ordinances which are implied in them to each of the general laws. (8) Now on the second table this is the first commandment, "Thou shalt not commit adultery," because, I imagine, in every part of the world pleasure is of great power, and no portion of the world has escaped its dominion, neither of the things on earth, nor of the things in the sea, nor even of those in the air, for all animals, whether walking on the earth, or flying in the air, or swimming in the water, do at all times rejoice in pleasure, and cultivate it, and obey its behests, and look to its eye and to its nod, obeying it with cheerfulness, however arrogant and proud they may be, and all but anticipating its commands, by the promptness and unhesitating rapidity of their service. (9) Therefore, even that pleasure which is in accordance with nature is often open to blame, when any one indulges in it immoderately and insatiably, as men who are unappeasably voracious in respect of eating, even if they take no kind of forbidden or unwholesome food; and as men who are madly devoted to association with women, and who commit themselves to an immoderate degree not with other men’s wives, but with their own. (10) Still this sort of reproach, as affecting most men, is one rather of the body than of the soul, since the body has a vehement flame within, which consumes the food which is offered to it, and seeks other food at no great distance, by reason of the abundant moisture, the stream of which is conveyed into the most secret parts of the body, creating an itching, and stinging, and incessant tickling. (11) But those men who are frantic in their desires for the wives of others, and at times even for those of their nearest relations or dearest friends, and who live to the injury of their neighbours, attempting to vitiate whole families, however numerous, and violating all kinds of marriage vows, and making vain the hopes which men conceive of having legitimate children, being afflicted with an incurable disease of the soul, must be punished with death as common enemies to the whole race of mankind, in order that they may no longer live in perfect fearlessness, so as to be at leisure to corrupt other houses, nor become teachers of others, who may learn by their example to practise evil habits.

III. (12) Moreover the law has laid down other admirable regulations with regard to carnal conversation; for it commands men not only to abstain from the wives of others, but also from certain relations, with whom it is not lawful to cohabit; (13) therefore Moses, detesting and loathing the customs of the Persians, repudiates them as the greatest possible impiety, for the magistrates of the Persians marry even their own mothers, and consider the offspring of such marriages the most noble of all men, and as it is said, they think them worthy of the highest sovereign authority. (14) And yet what can be a more flagitious act of impiety than to defile the bed of one’s father after he is dead, which it would be right rather to preserve untouched, as sacred; and to feel no respect either for old age of for one’s mother, and for the same man to be both the son and the husband of the same woman; and again for the same woman to be both the mother and wife of the same man, and for the children of the two to be the brothers of their father and the grandsons of their mother, and for that same woman to be both the mother and grandmother of those children whom she has brought forth, and for the man to be at the same time both the father and the uterine brother of those whom he has begotten? (15) These enormities formerly took place among the Greeks in the case of Oedipus, the son of Laius, ⁽¹⁾ [This is the subject, in fact, of the Oedipus Tyrannus of Sophocles. Philo alludes afterwards to the wars which are the subject of the EptÕ epi Teµbas of Aeschylus] and the actions were committed out of ignorance and not voluntarily, and yet that marriage brought on such a host of evils that nothing was wanting to make up the amount of the most complete wretchedness and misery, (16) for there ensued from it a continual succession of wars, both domestic and foreign, which were bequeathed like an inheritance from their fathers and ancestors to their children and descendants; and there were destructions of cities which were the greatest in Greece, and destructions of embattled armies, and slaughter of nations and of allies which had come to the assistance of either side, and mutual slaughter of the most gallant leaders in each army, and unreconcileable enmities about sovereignty and authority, and fratricides, by which not only the families and countries of the persons immediately concerned were utterly extinguished and destroyed, but the greater portion of the whole Greek nation also, for cities which were previously populous now became desolate and void of their inhabitants, and were left as a memorial of the calamities of Greece, and a miserable sight for all beholders. (17) Nor, indeed, do the Persians, among whom such practices are frequent, avoid similar evils, for they are continually involved in military expeditions and battles, killing and being killed, and at one time invading their neighbours and at others repelling those who rise up against them. And many enemies rise up against them from many quarters, since it is not the nature of the barbarians to rest in tranquillity; therefore, before the existing sedition is appeased, another springs up, so that no season of the year is ever indulged in peace and quietness, but they are compelled to live under arms night and day, bearing for the greater portion of their lives hardships in the open air while serving in the camps, or else living in cities from the complete absence of all peace. (18) I forbear to mention the great and intolerable violence and pride of success exhibited by the kings, whose first contests begin at the very first assumption of their sovereign power with the greatest of all iniquities, fratricide, as thus alone do they imagine that they will be safe from all attacks and treachery on the part of their brothers if they appear to have put them to death with reason and justice. (19) And it seems to me that all these things arise from the unhallowed connections of sons with their own mothers, because justice, who surveys all human affairs, revenges herself thus on those who act improperly for their wickedness; for not only do those who act thus commit impiety, but those also who voluntarily signify their assent to the arbitrary conduct of those who do such actions. (20) But our law guards so carefully against such actions as these that it does not permit even a step-son, when his father is dead, to marry his step-mother, on account of the respect which he owes to his father, and because the titles mother and step-mother are kindred names, even though the affections of the souls may not be identical; (21) for the man who is thought to abstain from her who has been the wife of another man, because she is called his step-mother, will much more abstain from his own natural mother. And if any one, on account of his recollection of his father, shows a respectful awe of her who has formerly been his wife, it is quite evident that he, because of the respect which he feels towards both his parents, is not likely to meditate any improper conduct to his mother; since it would be downright folly for a man who studies to please one half of his family, to appear to neglect it in its wholeness and integrity.

IV. (22) There follows after this a command not to espouse one’s sister: which is an injunction of great excellence, and one which contributes very greatly to temperance and good order. Therefore the Athenian lawgiver, Solon, when he permitted men to marry their sisters by the same father, forbade them to marry those by the same mother. But the lawgiver of the Lacedaemonians, on the other hand, allowed of marriages between brothers and sisters by the same mothers, but forbade those between brothers and sisters by the same father. (23) While the lawgiver of the Egyptians, ridiculing the cautious timidity of the others as if they had established imperfect ordinances, gave the reins to lasciviousness, supplying in great abundance that most incurable evil of intemperance both to body and soul, and permitting men fearlessly and with impunity to marry all their sisters, whether by both parents or by one, or by either, whether father or mother, and that too not only if younger than, but even when older than, or of the same age as themselves; for twins are very often born, which nature, indeed, at their very birth has dissevered and separated, but which incontinence and love of pleasure has invited to an association which ought never to be entered into, and to a most inharmonious agreement. (24) But the most sacred Moses, rejecting all those ordinances with detestation, as being quite inconsistent with and at variance with any praiseworthy kind of constitution, and as laws which encouraged and trained people to the most disgraceful of all habits, almost peremptorily prohibited any connection with a man’s sister, whether by both parents, or whether only by one of the two; (25) for why should any one seek to deface the beauty of modesty? And why make virgins destitute of all modesty, to whom it is becoming to blush? And, moreover, why should one be willing to limit the associations and connections with other men, and to confine a most honourable thing within the narrow space of the walls of a single house, which ought rather to be extended and diffused over all continents, and islands, and the whole inhabited world? For the intermarriages with strangers produce new relationships, which are in no respect inferior to those which proceed from ties of blood.

V. (26) On which account our lawgiver has also forbidden other matrimonial connections, commanding that no man shall marry his granddaughter, whether she be his son’s or his daughter’s child; nor his niece; nor his aunt; nor his grandmother, by either father or mother; nor any woman who has been the wife of his uncle, or of his son, or of his brother; nor, again, any step-daughter, whether virgin or widow, whether his own wife be alive or even after her death. For, in principle, a step-father is the same as a father, and therefore he ought to look upon his wife’s daughter in the same light as his own. (27) Again. He does not permit the same man to marry two sisters, neither at the same time nor at different periods, even if he have put away the one whom he previously married; for while she is living, whether she be cohabiting with him or whether she be put away, or if she be living as a widow, or if she be married to another man, still he did not consider it holy for her sister to enter upon the portion of her who had been unfortunate; by this injunction teaching sisters not to violate the requirements of justice towards their relations, nor to make a stepping stone of the disasters of one so united to themselves by blood, nor to acquiesce in or to pride themselves in receiving attentions from those who have shown themselves enemies to their relations, or to reciprocate any kind offices received from them. (28) For from such things as these arise bitter jealousies and quarrels, and enmities which scarcely admit of reconciliation, but which bring on indescribable hosts of misfortunes; for that would be just as if the different members of the body were to abandon the harmony and fellowship in which they are put together by nature, and to quarrel with one another, which circumstance must necessarily cause incurable diseases and mischiefs. And sisters are like limbs, which, although they are separated from one another, are nevertheless all adapted to one another by nature and natural relationship. And jealousy, which is the most grievous of all passions, is continually producing new, and terrible, and incurable mischiefs. (29) Again. Moses commands, do not either form a connection of marriage with one of another nation, and do not be seduced into complying with customs inconsistent with your own, and do not stray from the right way and forget the path which leads to piety, turning into a road which is no road. And, perhaps, you will yourself resist, if you have been from your earliest youth trained in the best possible instruction, which your parents have instilled into you, continually filling your mind with the sacred laws. And the anxiety and fear which parents feel for their sons and daughters is not slight; for, perchance, they may be allured by mischievous customs instead of genuine good ones, and so they may be in danger of learning to forget the honour belonging to the one God, which is the beginning and end of extreme unhappiness. (30) But if, proceeds the lawgiver, a woman having been divorced from her husband under any pretence whatever, and having married another, has again become a widow, whether her second husband is alive or dead, still she must not return to her former husband, but may be united to any man in the world rather than to him, having violated her former ties which she forgot, and having chosen new allurements in the place of the old ones. (31) But if any man should choose to form an alliance with such a woman, he must be content to bear the reputation of effeminacy and a complete want of manly courage and vigour, as if he had been castrated and deprived of the most useful portion of the soul, namely, that disposition which hates iniquity, by which the affairs both of houses and cities are placed on a good footing, and as having stamped deeply on his character two of the greatest of all iniquities, adultery and the employment of a pander; for the reconciliations which take place subsequently are indications of the death of each. Let him, therefore, suffer the punishment appointed, together with his wife.

VI. (32) And there are particular periods affecting the health of the woman when a man may not touch her, but during that time he must abstain from all connection with her, respecting the laws of nature. And, at the same time, he must learn not to waste his vigour in the pursuit of an unseemly and barbarous pleasure; for such conduct would be like that of a husbandman who, out of drunkenness or sudden insanity, should sow wheat or barley in lakes or flooded torrents, instead of over the fertile plains; for it is proper to cast seed upon fields when they are dry, in order that it may bear abundant fruit. (33) But nature each month cleanses the womb, as if it were some field of marvellous fertility, the proper season for fertilising which must be watched for by the husband as if he were a skilful husbandman, in order to withhold his seed and abstain from sowing it at a time when it is inundated; for, if he do not do so, the seed, without his perceiving it, will be swept away by the moisture, not only having all its spiritual energies relaxed, but having them, in fact, utterly dissolved. These are the persons who form animals in that workshop of nature, the womb, and who perfect with the most consummate skill each separate one of the parts of the body and soul. But when the periods of illness which I have spoken of are interrupted, then he may with confidence shower his seed into the ground ready to receive it, no longer fearing that there will be any loss of the seed thus sown. (34) But those people deserve to be reproached who are ploughing a hard and stony soil. And who can these be but they who have connected themselves with barren women? For such men are only hunters after intemperate pleasure, and in the excess of their licentious passions they waste their seed of their own deliberate purpose. Since for what other reason can they espouse such women? It cannot be for a hope of children, which they are aware must, of necessity, be disappointed, but rather to gratify their excess in lust and incurable incontinence. (35) As many men, therefore, as marry virgins in ignorance of how will they will turn out as regards their prolificness, or the contrary, when after a long time they perceive, by their never having any children, that they are barren, and do not then put them away, are still worthy of pardon, being influenced by habit and familiarity, which are motives of great weight, and being also unable to break through the power of those ancient charms which by long habituation are stamped upon their souls. (36) But those who marry women who have been previously tested by other men and ascertained to be barren, do merely covet the carnal enjoyment like so many boars or goats, and deserve to be inscribed among the lists of impious men as enemies to God; for God, as being friendly to all the animals that exist, and especially to man, takes all imaginable care to secure preservation and duration to every kind of creature. But those who seek to waste all their power at the very moment of putting it forth are confessedly enemies of nature.

VII. (37) Moreover, another evil, much greater than that which we have already mentioned, has made its way among and been let loose upon cities, namely, the love of boys, which formerly was accounted a great infamy even to be spoken of, but which sin is a subject of boasting not only to those who practise it, but even to those who suffer it, and who, being accustomed to bearing the affliction of being treated like women, waste away as to both their souls and bodies, not bearing about them a single spark of a manly character to be kindled into a flame, but having even the hair of their heads conspicuously curled and adorned, and having their faces smeared with vermilion, and paint, and things of that kind, and having their eyes pencilled beneath, and having their skins anointed with fragrant perfumes (for in such persons as these a sweet smell is a most seductive quality), and being well appointed in everything that tends to beauty or elegance, are not ashamed to devote their constant study and endeavours to the task of changing their manly character into an effeminate one. (38) And it is natural for those who obey the law to consider such persons worthy of death, since the law commands that the man-woman who adulterates the precious coinage of his nature shall die without redemption, not allowing him to live a single day, or even a single hour, as he is a disgrace to himself, and to his family, and to his country, and to the whole race of mankind. (39) And let the man who is devoted to the love of boys submit to the same punishment, since he pursues that pleasure which is contrary to nature, and since, as far as depends upon him, he would make the cities desolate, and void, and empty of all inhabitants, wasting his power of propagating his species, and moreover, being a guide and teacher of those greatest of all evils, unmanliness and effeminate lust, stripping young men of the flower of their beauty, and wasting their prime of life in effeminacy, which he ought rather on the other hand to train to vigour and acts of courage; and last of all, because, like a worthless husbandman, he allows fertile and productive lands to lie fallow, contriving that they shall continue barren, and labours night and day at cultivating that soil from which he never expects any produce at all. (40) And I imagine that the cause of this is that among many nations there are actually rewards given for intemperance and effeminacy. At all events one may see men-women continually strutting through the market place at midday, and leading the processions in festivals; and, impious men as they are, having received by lot the charge of the temple, and beginning the sacred and initiating rites, and concerned even in the holy mysteries of Ceres. (41) And some of these persons have even carried their admiration of these delicate pleasures of youth so far that they have desired wholly to change their condition for that of women, and have castrated themselves and have clothed themselves in purple robes, like those who, having been the cause of great blessings to their native land, walk about attended by body-guards, pushing down every one whom they meet. (42) But if there was a general indignation against those who venture to do such things, such as was felt by our lawgiver, and if such men were destroyed without any chance of escape as the common curse and pollution of their country, then many other persons would be warned and corrected by their example. For the punishments of those persons who have been already condemned cannot be averted by entreaty, and therefore cause no slight check to those persons who are ambitious of distinguishing themselves by the same pursuits.

VIII. (43) But some persons, imitating the sensual indulgences of the Sybarites and of other nations more licentious still, have in the first place devoted themselves to gluttony and wine-bibbing, and other pleasures affecting the belly and the parts adjacent to the belly, and then when fully sated have behaved with such extraordinary insolence (and it is natural for satiety to produce insolence) that in their insanity of passion they have gone frantic and been so maddened as to desire to longer human beings, whether male or female, but even brute beasts, as they say that in ancient times in Crete, the wife of Minos the king, by name Pasipha’, fell in love with a bull, (44) and became very violent in her passion from her despair of being able to gratify it (for love which fails in its object is usually increased in no ordinary degree), so that at last she reported to Daedalus the affliction by which she was overwhelmed, and he was the most skilful of all workmen of his Time. ⁽²⁾ [This story is alluded to by many poets, and especially by Virgil, Aeneid 6.24 (as it is translated by Dryden)-- "There too, in living sculpture, might be seen The mad affection of the Cretan queen:

Then how she cheats her bellowing lover’s eye: The rushing leap; the doubtful progeny: The lower part a beast, a man above; The monument of their polluted love."] And he, being very ingenious, so as by his contrivances to discover things undiscoverable to any one else, made a cow of wood, and put Pasipha’ into it at one of the sides, and the bull rushed at the wooden cow as if it had been an animal of its own kind. And Pasipha’, becoming pregnant at a certain period, brought forth an animal half man and half beast, called the Minotaur. ⁽³⁾ [Ovid describes this animal more than once (A. A. 2.24; Her. 10.101)] (45) And it is very likely that there may be other Pasipha’s also, with passions equally unbridled, and that not women only, but men likewise may fall madly in love with animals, from whom, perhaps, indescribable monsters may be born, being memorials of the excessive pollution of men; owing to which, perhaps, those unnatural creations of unprecedented and fabulous monsters will exist, such as hippocentaurs and chimaeras, and other similar animals. (46) But so great are the precautions which are taken against them in the holy laws of God, that in order to prevent the possibility of men ever desiring any unlawful connection, it is expressly commanded that even animals of different kinds shall not be put together. And no Jewish shepherd will endeavour to cross a sheep with a he-goat, or a ram with a she-goat, or a cow with a horse; and if he does, he must pay the penalty as breaking a solemn law of nature who is desirous to keep the original kinds of animals free from all spurious admixture. (47) And some persons prefer mules to every other kind of animal for the yoke, since their bodies are very compact, and are very strong and powerful; and accordingly, in the pastures and stalls where they keep their horses, they also keep asses of an extraordinary size, which they call celones, in order that they may breed with the mares; and then the mares produce a mixed animal, half horse and half ass, which, since Moses knew that its production was wholly contrary to nature, he forbade the existence of with all his might by a general injunction, that that no union or combination between different kinds of animals should on any account be permitted. (48) Therefore he provided thus against those evils in a manner suited to and consistent with nature; and from a long distance off, as from a watchtower, he admonished men and kept them in the straight path, in order that both men and women, learning from these percepts of his, might abstain from unlawful connections. (49) If, therefore, a man seek to indulge himself with a quadruped, or if a woman surrender herself to a quadruped, they shall all die, both the man or woman and the quadruped. The human beings, because they have gone beyond even the bounds of intemperance itself, becoming discoverers of unprecedented appetites, and because with their new inventions they have introduced most detestable pleasures, the very mention of which is infamous; and the beasts shall die, because they have been subservient to such iniquities, and also to prevent their bringing forth or begetting any thing intolerable, as would naturally be the result of such pollutions. (50) Moreover, those who have even a slight care for what is becoming would never use such animals as those for any purpose of life, but would reject and abominate them, loathing their very sight, and thinking that whatever they touched would at once become impure and polluted. And it is not well that those things which are of no use for life should live at all, since they are only a superfluous burden on the earth, as some one has called them.

IX. (51) Again, according to the injunctions of the sacred scriptures the constitution of the law does not recognise a harlot; as being a person alienated from good order, and modesty, and chastity, and all other virtues, who has filled the souls both of men and women with intemperance, polluting the immortal beauty of the mind, and honouring above it the short-lived perishable beauty of the body prostituting herself to every chance comer, and selling her beauty as if it were some vendible thing in the market, doing and saying every thing with a view to catch the young men. And she excites her lovers to contests with one another, proposing herself as the most disgraceful prize for those who gain the victory. Let her, therefore, be stoned as an injury and mischief to, and a common pollution of, the whole state, having corrupted the graces of nature, which she ought to have adorned further by her own excellence.

X. (52) The law has pronounced all acts of adultery, if detected in the fact, or if proved by undeniable evidence, liable to the punishment of death; but cases in which guilt is only suspected, it does not choose should be investigated by men, but it brings them before the tribunal of nature; since men are able to judge of what is visible, but God can judge also of what is unseen, since he alone is able to behold the soul distinctly, (53) therefore he says to the man who suspects such a thing, "Write an accusation, and go up to the holy city with thy wife, and standing before the judges, lay bare the passion of suspicion which affects you, not like a false accuser or treacherous enemy, seeking to gain the victory by any means whatever, but as a man may do who wishes accurately to ascertain the truth without any sophistry. (54) And the woman, having incurred two dangers, one of her life, and the other of her reputation, the loss of which last is more grievous than any kind of death, shall judge the matter with herself; and if she be pure, let her make her defence with confidence; but if she be convicted by her own conscience, let her cover her face, making her modesty the veil for her iniquities, for to persist in her impudence is the very extravagance of wickedness. (55) But if the charge which is made against her be contested, and if the evidence be doubtful, so as not to incline to either side, then let the two parties go up to the temple, and let the man stand in front of the altar, in the presence of the priest for the day, and then let him state his suspicions and his grounds for them, and let him produce and offer some barley flour, as a species of oblation on behalf of his wife, to prove that he accuses her, not out of insult, but with an honest intention, because he has a reasonable doubt. (56) And the priest shall take the barley and offer it to the woman, and shall take away from her the head-dress on her head, that she may be judged with her head bare, and deprived of the symbol of modesty, which all those women are accustomed to wear who are completely blameless; and there shall not be any oil used, nor any frankincense, as in the case of other sacrifices, because the sacrifice now offered is to be accomplished on no joyful occasion, but on one which is very grievous. (57) And the reason why the flour is to be made of barley is, perhaps, because the food which is made of barley is of a somewhat ambiguous character, and is suited for the use both of irrational animals and of needy men; and is therefore a sign that a woman who has committed adultery differs in no respect from the beasts, whose connections with one another are promiscuous and incessant; but she who is pure from all such accusations is devoted to that manner of life which befits human beings. (58) Then the law proceeds to say, the priest, having taken an earthen vessel, shall pour forth pure water, having drawn it from a fountain, and shall also bring a lump of clay from the ground of the temple, which also I think has in it a symbolical reference to the search after truth; for the earthenware vessel is appropriate to the commission of adultery because it is easily broken, and death is the punishment appointed for adulterers; but the earth and the water are appropriate to the purging of the accusation, since the origin, and increase, and perfection of all things, take place by them: (59) on which account it was very proper for the law-giver to set them both off by epithets, saying, that the water which the priest was to take must be pure and living water, since blameless woman is pure as to her life, and deserves to live; and the earth too is to be taken, not from any chance spot, but from the soil of the ground of the temple, which must, of necessity, be most excellent, just as a modest woman is. (60) And when all these things are previously prepared, the woman with her head uncovered, bearing the barley flour in her hand, as has been already specified, shall come forward; and the priest standing opposite to her and holding the earthenware vessel in which are the water and the earth, shall speak thus: (61) "If you have not transgressed the laws of your marriage, and if no other man has been associated with you, so that you have not violated the rights of him who is joined to you by the law, you are blameless and innocent; but if you have neglected your husband and have followed empty appetites, either loving some one yourself or yielding to some lover, betraying your nearest and dearest connections, and adulterating them by a spurious mixture, then learn that you are deservedly liable to every kind of curse, the proofs of which you will exhibit on your body. Come then and drink the draught of conviction, which shall uncover and lay bare all thy hidden and secret actions." (62) Then the priest shall write these words on a paper and dip it in the water which is in the earthenware vessel, and give it to the woman. And she shall drink it and depart, awaiting the reward of her modesty or the extreme penalty of her incontinence; for if she has been falsely accused she may hope for seed and children, disregarding all apprehensions and anxieties on the subject of barrenness and childlessness. But if she is guilty then a great weight and bulk, form her belly swelling and becoming full, will come upon her, and a terribly evil condition of her womb will afflict her, since she did not choose to keep it pure for her husband, who had married her according to the laws of her nation. (63) And the law takes such exceeding pains to prevent any irregularity taking place with respect to marriages, that even in the case of husbands and wives who have come together for legitimate embraces, in strict accordance with the laws of marriage, after they have arisen from their beds it does not allow them to touch anything before they have had recourse to washings and ablutions; keeping them very far from adultery and from all accusations referring to adultery.

XI. (64) But if any one should offer violence to a widow after her husband is dead, or after she has been otherwise divorced from him, and defile her, committing a lighter offence than adultery, and one that may perhaps be about half as serious, he shall not indeed be liable to the punishment of death, but he shall be impeached for violence, and insolence, and intemperance, having thus adopted the most infamous conduct as if it had been the most creditable; and the tribunal of the judge shall decide and condemn him to the penalty that he deserves to suffer. (65) Again, seduction is an offence which is similar and nearly related to adultery, as they are both sprung from one common mother, incontinence. But some of those persons who are accustomed to dignify shameful actions by specious names, call this love, blushing to confess the real truth concerning its character. But, nevertheless, though it may be akin to it, it is not in every respect similar to it, because it is an offence that does not spread so as to affect many families, as is the case with adultery, but it is limited to one house alone, that of the virgin who has been seduced. (66) Therefore we must say to a man who desires to enjoy a virgin who is a free-born citizen, "My good man, rejecting your shameless rashness and audacity, the sources of treachery and faithlessness, and all such feelings, do not allow yourself to be discovered to be wicked, either openly or secretly, (67) but if, indeed, you have any legitimate feeling of love for the maiden in your soul, go to her parents, if they are alive, and if they are not, then go to her brother or to her guardians, or to any other persons who chance to be her protectors, and having discovered to them your feelings towards her, as a free-born man should do, ask her in marriage, and implore them not to account you unworthy. (68) "For no one of those who have the guardianship of the maiden entrusted them could be so base as to oppose an earnest and persevering entreaty, and especially as to refuse you since you, would be found, by strict examination, not to have falsely pretended a passion which you do not feel, or to have conceived only a superficial love for her, but one which is genuine and thoroughly Established." ⁽⁴⁾ [Deu 22:13] (69) But if any one, being insane and frantic, repudiating and discarding all the suggestions of reason, were to submit himself wholly to passion and desire as his masters, and looking, as people say, on might as stronger than right, were to ravish and seduce women, treating free-born women as slaves, and doing acts of war in time of peace, let such a man be led before the judges. (70) And if the damsel who has been forced has a father, let him take counsel and deal with the ravisher about espousing her; then if he refuse to do so, he shall give the damsel a dowry for another husband, being fined in a sum of money sufficient for this purpose. But if he consents and registers her as his wife, let him marry her at once without any delay, confessing a second time that he owes her the same dowry, and let him have no permission to delay or evade the fulfilment of this marriage; both because of his own conduct, in order that the mishap which took place respecting her first connection with a man may be comforted by a firm marriage, which nothing shall ever separate but death. (71) But if the damsel be an orphan and have no father, then let her be asked by the judges whether she is willing to take this man for her husband or not; and whether she agrees to do so or whether she refuses, still let her have the same dowry that the man would have agreed to give her while her father was yet alive.