098: The Special Laws, IV (Part 2)

THE SPECIAL LAWS, IV - Part 2^*

*Yonge’s title, A Treatise on Those Special Laws Which Are Contained Under and Have Reference to the Eighth and Ninth, and Tenth Commandments. ON THE OFFICE AND CHARACTER OF A JUDGE

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, and from all wickedness; and most especially ought all men to be so, who are either appointed by lot or elected to judge between others; for it is an absurdity for these men to be themselves liable to the imputation of error, who undertake to dispense justice to others, whom it becomes to give a faithful copy of the works of nature, presenting an accurate representation of a model picture; (56) for as the power of fire which disperses warmth to all other things which it reaches, was, long before doing so, warm as far as it was itself concerned, and as, on the contrary, the power of snow cools other things, by the fact of its being itself cooled previously, so also ought the judge to be full of pure unalloyed justice, if he is to irrigate all who come before him with justice, in order that from him, as from a sweet fountain, a wholesome spring may be afforded to all who thirst for a dispensation of good law. (57) And this will be the case of any one who undertakes the office of a judge looks upon it as if he were at the same time judging and being judged himself, and when he takes up the pebble with which he is to give his vote, were at the same time to take up wisdom so as not to be deceived, and justice so as to dispense to each party what they deserve, and courage so as never to yield to supplications or to feelings of compassion, so as to diminish the punishment due to convicted offenders; (58) for the man who studies these virtues may reasonably be looked upon as a common benefactor, like a good pilot tranquillising the storms of affairs in such a manner as to secure the preservation and safety of those who have committed their interests to him.

X. (59) In the first place the law enjoins the judge not to listen to vain Reports. ⁽⁹⁾ [Exo 23:1] Why is this? The law says, "My good man, let thy ears be purified." And they will be purified if they are continually washed out with a stream of virtuous language, never admitting the long, and false, and vain, and hackneyed protestations, so deserving to be ridiculed, of fabulists or vain babblers, or hyperbolical exaggerations, who make a great deal of things of no importance; (60) and this is what is meant by the injunction not to listen to vain reports, and also by another precept in some degree consistent with the former. For, says the lawgiver, he who attends to those who give evidence on hearsay is attending to vanity and not to sound reason because the eyes do indeed dwell with the very things which are done, taking hold of them as one may say, and comprehending and seizing upon them in all their parts, the light co-operating with them, by means of which all things are illuminated and clearly proved; but the ears, as one of the philosophers of old has very truly said, are less trustworthy than the eyes, inasmuch as they are not themselves present at the transactions, but are attracted by words as the interpreter of facts, which are not always disposed to tell the truth; (61) for which reasons some of the lawgivers among the Greeks, having transcribed some of the laws from the two tables of Moses, appear to have established very wise regulations, forbidding any one to mention in his testimony anything that he has heard, on the ground that it is right to look upon what a man has seen as trustworthy, but on what he has heard as not in all respects certain.

XI. (62) The second commandment given to a judge is not to receive gifts; ⁽¹⁰⁾ [Exo 23:8] for gifts, says the law, blind the eyes that see, and pervert justice, and do not permit the mind to travel along the level road which leads to righteousness; (63) and to receive bribes to aid in unjust actions is the action of very wicked men indeed; and even to do so for the purpose of furthering good objects is the conduct of persons who are half wicked; for there are some judges speciously disguised, half wicked, something between just and unjust, armed indeed in the cause of those who are injured, as their champions against those who injure them, but still not desirous to cause them to prevail, without deriving any advantage to themselves from their victory, though they ought to prevail; but making their decision corrupt and mercenary. (64) Then, when any one blames them, they affirm that they have not perverted justice; for that those have been defeated who ought to have been defeated, and that those have gained their cause who ought to have got the better; alleging a most unworthy and false defence; for a righteous judge ought to exhibit two things, a judgment in strict accordance with the law, and incorruptibility; but he who is a judge for bribes, even though he decides justly, does without perceiving it defile a thing which is beautiful by nature. (65) Moreover, he also offends in two other points; in the first place, because he is accustoming himself to be covetous of money; which is the beginning of the very greatest iniquities; and secondly, because he is injuring the man whom he ought to benefit; by making him pay a price for justice; (66) on which account Moses has very instructively commanded, that the judge shall pursue what is righteous in a righteous manner; ⁽¹¹⁾ [Deu 16:19] intimating under this figurative expression, that it is possible to do so in an unrighteous manner, because of those men who sell just and legal decisions for money, and only in the courts of justice, but everywhere in every part of land and sea, and I had almost said in all the transactions of life. (67) For instance, it has happened before now, that a man who has received a deposit of small value, has given it back again when demanded, more by way of laying a snare for him who receives it back, than with any idea of serving him, in order that by showing good faith in things of small value as a bait he may cover over the look of his faithlessness in greater things, and such conduct is nothing else than pursuing justice in an unrighteous manner; for the restitution of what did not belong to him was just, but it was done in an unrighteous manner, inasmuch as it was only done as a bait to attract more. (68) And the cause of all such offences is principally the inclination to and the familiar habit of falsehood, which, from their very birth and swaddling clothes, their nurses and mothers, and all the whole multitude in the house, whether free-born persons or slaves, habituate them to and familiarise them with both by words and actions, adapting it to and uniting it with their souls, as a necessary part of them by nature, though, if it had in truth been implanted in them by nature, it would have been necessary to eradicate it by instilling good habits into them instead. (69) And what in life is there equally beautiful with truth, which the all-wise legislator erected in the most sacred place, in that part of the dress of the chief priest, where the dominant part of the soul lies, wishing to adorn it with the most beautiful and glorious of all ornaments? And next to truth he has placed power as akin to it, which he has in this case called manifestation, being the two images of the two kinds of speech which exist in us, the secret speech and the lettered speech, for the lettered speech requires manifestation, by which the secret thoughts in all our hearts are made known to our neighbour, but the secret speech has need of truth for the perfection of life and actions, by means of which the road to happiness is found out.

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 the suit; and to attempt, in every imaginable manner, to separate himself from all respect of persons; constraining himself to an ignorance and forgetfulness of all those things of which he has any knowledge or recollection; such as relations, friends, countrymen or foreigners, enemies or hereditary connections, so that neither affection nor hatred may overshadow his knowledge of justice; for he must stumble like a blind man, who is advancing without a staff, and who has no one to guide him in whom he can rely firmly. (71) For which reason it is fitting that a righteous judge should have it even concealed from him who the parties to the suit are, and that he should look at the undisguised, simple nature of the transactions themselves; so as not to be liable to judge in accordance with random opinion, but according to real truth, and to be guided by such an opinion as this, that judgment is of God; ⁽¹²⁾ [Deu 1:17] and that the judge is the minister and steward of his judgment; and a steward is not allowed to give away the things of his master, as he has received as a pledge the most excellent of all the things which exist in human life, from the most excellent of all beings.

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 the poor man in his Judgment." ⁽¹³⁾ [Exo 23:3] While in other precepts the lawgiver has filled nearly the whole of the law with precepts of mercy and humanity, and has uttered great threats against arrogant and insolent men, and has proposed great rewards for those who endeavour to make amends for the misfortunes of their neighbours, and who look upon their superfluities not as their own exclusive possessions, but as the common property of every one in want; (73) for it was a felicitous and true saying of one of the wise men of old, that men never act in a manner more resembling the gods than when they are bestowing benefits; and what can be a greater good than for mortal men to imitate the everlasting God? (74) Let not then the rich man collect in his house vast quantities of silver and gold, and store them up, but let him bring them forward freely in order by his cheerful bounty to soften the hard condition of the poor; nor let any man be puffed up with vain glory, and raise himself and boast himself in pride and arrogance, but let a man rather honour equality, and allow freedom of speech to those of low estate. And let the man who enjoys vigour of body be the prop of those who are weaker, and let him not like the men at the gymnastic contests strive by every means to overthrow those who are inferior in strength, but let him be willing and eager to assist with his own power those who, as far as they themselves are concerned, are ready to faint. (75) For all those who have drunk deep of the fountains of wisdom, having banished envy entirely out of their minds, are of their own accord, and without any prompting, ready to undertake the assistance of their neighbours, pouring the streams of their words into their souls through their ears, so as to impart to them a participation in similar knowledge with themselves. And when they see young men of good dispositions springing up like flourishing and vigorous shoots of a vine, they rejoice, thinking that they have found proper inheritors for this wealth of their souls, which is the only real riches, and having taken them they cultivate their souls with doctrines and good meditations, until they arrive at full strength and maturity, so as to bring forth the fruit of excellence. (76) Many such ornaments as these are woven into and inserted among the laws, in order to enrich the poor on whom it is always proper to have compassion except at the time of giving judgment, for compassion is due to misfortunes; but he who behaves wickedly with deliberate purpose is not unfortunate but unrighteous, (77) and punishment is due to the unrighteous just as honours should be confirmed to the just, so that no wicked man who is in difficulties, and who conceals the truth, ought to escape punishment through the pity excited by his poverty, since he has done what deserves not pity (how should it?) but great anger. And let the man who undertakes the duty of a judge, like a skilful money-changer, divide and distinguish between the natures of things, in order that confusion may not be caused by the mixing together of what is good with what is spurious. (78) And there are many other things which may be said with respect to false witnesses and judges; but for the sake of avoiding prolixity we must proceed now to the last of the ten commandments, which is delivered also in a concise and summary form as each of the others is: and this commandment is, "Thou shalt not covet." ON COVETING

XIV. (79) Every passion is open to and deserving of blame, inasmuch as every immoderate and violent impulse, and every irrational and unnatural emotion of the soul is also faulty and blameable, for what is either of these things but an ancient passion spread over a wider extent? If any one, therefore, does not set limits to these feelings, nor put a bridle on them as on restive horses, he will be afflicted by an evil difficult to remedy, and then, without being aware of it, he will, because of their unrestrainable character, be carried away by them, as a charioteer sometimes is by a chariot, and hurried into ravines and pits from which it is difficult to rise up, and very hard to escape with safety. (80) But of all the passions there is not one so grievous as a covetous desire of what one has not got, of things which are in appearance good, but not in reality; a desire which produces grievous anxieties which are hard to satisfy; for such a passion puts the reason to flight, and banishes it to a great distance, involving the soul in great difficulties, while the object which is desired flies away contemptuously, retreating not with its back but with its face to one; (81) for when a person perceives this passion of covetousness after having started up rapidly, then resting for a short time, either with a view to spread out its alluring toils, or because it has learnt to entertain a hope of succeeding in its object, he then retires to a longer distance uttering reproaches against it; but the passion itself, being left behind and coming too late to succeed, struggles, bearing a Tantalus-like punishment in its miserable future; for it is said that Tantalus, when he desired to obtain any liquor to drink, was not able to do so, as the water retreated from his lips, ⁽¹⁴⁾ [The story of Tantalus is told in Homer, Od. 11.581 (as it is translated by Pope)-- "There Tantalus along the Stygian bounds, Pours out deep groans (with groans all hell resounds);

Ev’n in the circling floods refreshment craves, And pines with thirst among a sea of waves; When to the water he his lip applies, Back from his lip the treacherous water flies.

Above, beneath, around his hapless head, Trees of all kinds delicious fruitage spread;

There figs, sky-dyed, a purple hue disclose, Green looks the olive, the pomegranate glows;

There dangling pears exalting scents unfold, And yellow apples ripen into gold. The first he strives to seize; but blasts arise, Toss it on high, and whirl it to the skies."] and if he wished to gather any fruit, it all disappeared, the productiveness of the trees becoming suddenly barren; (82) for as those implacable and inexorable mistresses of the body, thirst and hunger, do very often strain it more, or at all events not less, than those unhappy persons are strained who are racked by the torture even to death, unless when they have become violent some one appeases them with meat and drink; in like manner, covetous desire, having first rendered the soul empty through its forgetfulness of what is present and its recollection of what is removed to a great distance, fills it with impetuosity and madness, and introduces into it masters worse than even its former tyrants, but having the same names with them, namely, hunger and thirst, not, however, now of those things which conduce to the enjoyment of the belly, but of money, and glory, and authority, and beauty, and of innumerable other things which appear to be objects of desire and contention in human life. (83) And as the disease which the physicians call the herpes, ⁽¹⁵⁾ [So called from herpoµ, "to creep."] does not stop in one part of the body, but moves about and overruns the skin, and, as its name shows, creeps about (dierpei), and becomes diffused in every direction, and spreading widely seizes hold of and infects with its contact the whole combination of the different parts of the body from the head to the feet, so in the same manner does covetous desire spread over the whole soul, and leave not even the smallest portion of it free from its inroads, imitating the power of fire when supplied with abundant fuel, for that spreads and burns away till it has devoured and destroyed everything with which it meets.

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 evils. For from what other source do all the thefts, and acts of rapine, and repudiation of debt, and all false accusations, and acts of insolence, and, moreover, all ravishments, and adulteries, and murders, and, in short, all mischiefs, whether private or public, or sacred or profane, take their rise? (85) For most truly may covetous desire be said to be the original passion which is at the bottom of all these mischiefs, of which love is one and the most significant offspring, which has not once but many times filled the whole world with indescribable evils; which even the whole circumference of the world has not been large enough to contain, but out of their vast number they, as if carried on by the impetuosity of a torrent, have fallen into the sea, and all seas in every region have been filled with hostile fleets. It is owing to this passion that all the terrible evils which are caused by naval wars have happened; and, coming upon all continents and all islands together, have thrown them into confusion, spreading everywhere and returning in their own steps like the warriors in the diaulos, ⁽¹⁶⁾ [The diaulos was the race in which the runners ran to the goal and back to the starting post] or like the ebb and flow of the tides of the sea, returning to the point from which they originally set out. (86) And by looking at it in this manner we shall more clearly perceive the power of this passion. Everything which covetous desire lays hold of is by it changed for the worse, like poisonous serpents or deadly poisons. Now what is it that I mean when I say this? (87) If this passion is directed towards money, it makes thieves, and cut-purses, and clothesstealers, and house-breakers, and taints men with the guilt of the repudiation of debts, of the denial of deposits, of bribery and sacrilege, and all such iniquities as those. (88) If it is directed towards glory, it makes men insolent, overbearing, fickle, and unstable in their dispositions, depending wholly on what is said to them and on what they hear, at the same time humbled and elated by reason of the variety and inconstancy of the multitudes who praise and blame them with inconsiderate impetuosity, inconsiderate in their enmity and in their friendship, so as easily to change from one to the other, and fills them with all sorts of humours akin to and resembling these. (89) Again, if the desire takes the direction of wishing for authority and power, it renders men’s natures seditious, unequal, and tyrannical, it makes them cruel and inhuman enemies of their native countries, implacable masters unable to restrain themselves, irreconcileable forces to all who are equal to themselves in might, flatterers of those who are more powerful than themselves, in order to be able to attack them treacherously. If what is desired is beauty of person, it makes men seducers, ravishers, adulterers, paederasts, practisers of licentiousness and incontinence, it teaches them to regard the greatest evils as the most fortunate of blessings. This passion, also, when it extends to the tongue, often causes innumerable evils; (90) for some persons desire either to be silent about what ought to be mentioned, or to mention what ought to be buried in silence, and avenging justice pursues them if they reveal things improperly, or, on the contrary, if they are unseasonably silent. (91) When it affects the parts about the belly it makes men gluttonous, insatiable, intemperate, debauched, admirers of a profligate life, delighting in drunkenness, and epicurism, slaves to strong wine, and fish, and meat, pursuers of feasts and tables, wallowing like greedy dogs; owing to all which things their lives are rendered miserable and accursed, and they are reduced to an existence more grievous than any death. (92) For this reason those who have tasted deeply of philosophy, not merely with their lips, but feasting thoroughly on its profound doctrines, investigating the nature of the soul, and comprehending its threefold character, and how it is divided into reason, and anger, and appetite, have attributed the chief post to reason as the principal authority, assigning to it the head as its most appropriate abode, where also the company of the outward senses, who are always present as the body-guards of the mind as their king, are stationed; (93) and assigning the breast as the abode of anger, partly in order that the man, being, like a soldier, armed with this as with a breastplate, so that, even if it be not utterly free from all injury, it may, at least, be difficult to subdue, and partly in order that, dwelling near the mind, it may be benefited by its neighbour, who charms it by its wisdom, and who renders the passions gentle and manageable; and to appetite they assign the place around the navel, and to that part which is called the diaphragm. (94) For it was proper that that, as having the smallest participation in reason, should be removed as far as possible from the palace of the mind and located almost at the very extremities; and that which is the most insatiable and the most intemperate of all, the passions, should be confined to the pastures of cattle, where they can find food and opportunities for the propagation of their species.

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 discard this passion, detesting it as the most disgraceful thing and the cause of most disgraceful actions; and, therefore, to have prohibited it above all other feelings as an engine for the destruction of the soul; but if that engine is destroyed and the soul brought back to its obedience, to the guidance of reason, the man will become entirely filled with peace and obedience to law and all sorts of perfect good things, so as to produce complete happiness. (96) But as he was fond of brevity and accustomed to cut short things which were inclined to be countless in point of number, by a mode of teaching which was confined to general instances, he begins to admonish and to correct one appetite, that which is concerned about the belly; conceiving that the other appetites will not be equally restive, but will be brought to order by learning that the most important and authoritative of the whole has become obedient to the laws of moderation. (97) What, then, is the lesson which he gives us about this origin of all vices? There are two things of a most comprehensive nature, meat and drink. He, then, has not left either of them unrestrained, but has bridled them with especial commands most calculated to lead them to temperance and to humanity, and to the greatest of all virtues, piety; (98) for he commanded men to offer first fruits of corn, and wine, and oil, and cattle, and other things; ⁽¹⁷⁾ [Num 18:12] and to distribute the first fruits among the sacrificers and the priests; among the sacrificers because of the gratitude due to God for the abundance and fertility of all things, and to the priests because of their sacred ministrations about the temple, and therefore they were worthy to receive wages for their services in respect of the sacred Ceremonies. ⁽¹⁸⁾ [Num 18:31] (99) And he utterly forbids any one to taste of anything, or to take any portion of anything, before separating off the first fruits, wishing also by this injunction to inculcate the practice of most useful temperance; for he who has learnt not to throw himself greedily on all the abundance which the seasons of the year have brought, but to wait till the first fruits are consecrated, is likely to be able to restrain the restive obstinacy of the passions, making them gentle and manageable.

CONCERNING ANIMALS

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 he has forbidden with all his might all animals, whether of the land, or of the water, or that fly through the air, which are most fleshy and fat, and calculated to excite treacherous pleasure, well knowing that such, attracting as with a bait that most slavish of all the outward senses, namely, taste, produce insatiability, an incurable evil to both souls and bodies, for insatiability produces indigestion, which is the origin and source of all diseases and weaknesses. (101) Now of land animals, the swine is confessed to be the nicest of all meats by those who eat it, and of all aquatic animals the most delicate are the fish which have no scales; and Moses is above all other men skilful in training and inuring persons of a good natural disposition to the practice of virtue by frugality and abstinence, endeavouring to remove costly luxury from their characters, (102) at the same time not approving of unnecessary rigour, like the lawgiver of Lacedaemon, nor undue effeminacy, like the man who taught the Ionians and the Sybarites lessons of luxury and license, but keeping a middle path between the two courses, so that he has relaxed what was over strict, and tightened what was too loose, mingling the excesses which are found at each extremity with moderation, which lies between the two, so as to produce an irreproachable harmony and consistency of life, on which account he has laid down not carelessly, but with minute particularity, what we are to use and what to avoid. (103) One might very likely suppose it to be just that those beasts which feed upon human flesh should receive at the hands of men similar treatment to that which they inflict on men, but Moses has ordained that we should abstain from the enjoyment of all such things, and with a due consideration of what is becoming to the gentle soul, he proposes a most gentle and most pleasant banquet; for though it is proper that those who inflict evils should suffer similar calamities themselves, yet it may not be becoming to those whom they ill treated to retaliate, lest without being aware of it they become brutalized by anger, which is a savage passion; (104) and he takes such care to guard against this, that being desirous to banish as far as possible all desire for those animals abovementioned, he forbids with all his energy the eating of any carnivorous animal at all, selecting the herbivorous animals out of those kinds which are domesticated, since they are tame by nature, feeding on that gentle food which is supplied by the earth, and having no disposition to plot evil against anything.

WHAT QUADRUPEDS ARE CLEAN

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 buffalo, the roebuck, the pygarga, the wildox, and the chamois, ⁽¹⁹⁾ [Deu 14:4] for he always adheres to that arithmetical subtilty which, as he originally devised it with the minutest accuracy possible, he extends to all existing things, so that he establishes no ordinances, whether important or unimportant, without taking and as it were adapting this number to it as closely connected with the regulations which he is ordaining. Now of all the numbers beginning from the unit, the most perfect is the number ten, and as Moses says, it is the most sacred of all and a holy number, and by it he now limits the races of animals that are clean, wishing to assign the use of them to all those who partake of the constitution which he is establishing. (106) And he gives two tests and criteria of the ten animals thus Enumerated ⁽²⁰⁾ [Lev 11:3] by two signs, first, that they must part the hoof, secondly, that they must chew the cud; for those which do neither, or only one of these things, are unclean. And these signs are both of them symbols of instruction and of the most scientific learning, by which the better is separated from the worse, so that all confusion between them is prevented; (107) for as the animal which chews the cud, while it is masticating its food draws it down its throat, and then by slow degrees kneads and softens it, and then after this process again sends it down into the belly, in the same manner the man who is being instructed, having received the doctrines and speculations of wisdom in at his ears from his instructor, derives a considerable amount of learning from him, but still is not able to hold it firmly and to embrace it all at once, until he has resolved over in his mind everything which he has heard by the continued exercise of his memory (and this exercise of memory is the cement which connects ideas), and then he impresses the image of it all firmly on his soul. (108) But as it seems the firm conception of such ideas is of no advantage to him unless he is able to discriminate between and to distinguish which of contrary things it is right to choose and which to avoid, of which the parting of the hoof is the symbol; since the course of life is twofold, the one road leading to wickedness and the other to virtue, and since we ought to renounce the one and never to forsake the other.

WHAT BEASTS ARE NOT CLEAN

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, they imply that the nature of good and evil is one and the same; which is just as if one were to say that the nature of a concave and a convex surface, or of a road up hill and down hill, was the same. And the other, because it shows that there are many roads, though, indeed, they have no right to be called roads at all, which lead the life of man to deceit; for it is not easy among a variety of paths to choose that which is the most desirable and the most excellent.

WHAT AQUATIC ANIMALS ARE CLEAN

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 used for food; distinguishing them also by two characteristics as having fins or Scales. ⁽²¹⁾ [Lev 11:9] For those which have neither one nor the other, and those which have only one of the two, he rejects and Prohibits. ⁽²²⁾ [Deu 14:10] And he must state the cause, which is not destitute of sense and propriety; (111) for all those creatures which are destitute of both, or even of one of the two, are sucked down by the current, not being able to resist the force of the stream; but those which have both these characteristics can stem the water, and oppose it in front, and strive against it as against an adversary, and struggle with invincible good will and courage, so that if they are pushed they push in their turn; and if they are pursued they turn upon their foe and pursue it in their turn, making themselves broad roads in a pathless district, so as to have an easy passage to and fro. (112) Now both these things are symbols; the former of a soul devoted to pleasure, and the latter of one which loves perseverance and temperance. For the road which leads to pleasure is a down-hill one and very easy, being rather an absorbing gulf than a path. But the path which leads to temperance is up hill and laborious, but above all other roads advantageous. And the one leads men downwards, and prevents those who travel by it from retracing their steps until they have arrived at the very lowest bottom, but the other leads to heaven; making those who do not weary before they reach it immortal, if they are only able to endure its rugged and difficult ascent.

ABOUT REPTILES. ⁽²³⁾ [Lev 11:20]

XXI. (113) And adhering to the same general idea the lawgiver asserts that those reptiles which have no feet, and which crawl onwards, dragging themselves along the ground on their bellies, or those which have four legs, or many feet, are all unclean as far as regards their being eaten. And here, again, when he mentions reptiles he intimates under a figurative form of expression those who are devoted to their bellies, gorging themselves like cormorants, and who are continually offering up tribute to their miserable belly, tribute, that is, of strong wine, and confections, and fish, and, in short, all the superfluous delicacies which the skill and labour of bakers and confectioners are able to devise, inventing all sorts of rare viands, to stimulate and set on fire the insatiable and unappeasable appetites of man. And when he speaks of animals with four legs and many feet, he intends to designate the miserable slaves not of one single passion, appetite, but of all the passions; the genera of which were four in number; but in their subordinate species they are innumerable. Therefore, the despotism of one is very grievous, but that of many is most terrible, and as it seems intolerable. (114) Again, in the case of those reptiles who have legs above their feet, so that they are able to take leaps from the ground, those Moses speaks of as clean; as, for instance, the different kinds of locusts, and that animal called the serpentfighter, here again intimating by figurative expressions the manners and habits of the rational soul. For the weight of the body being naturally heavy, drags down with it those who are but of small wisdom, strangling it and pressing it down by the weight of the flesh. (115) But blessed are they to whose lot it has fallen, inasmuch as they have been well and solidly instructed in the rules of sound education, to resist successfully the power of mere strength, so as to be able, by reason of what they have learnt, to spring up from the earth and all low things, to the air and the periodical revolutions of the heaven, the very sight of which is to be admired and earnestly striven for by those who come to it of their own accord with no indolence or indifference.

CONCERNING FLYING CREATURES. ⁽²⁴⁾ [Lev 11:10]

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 having distinguished them in his code of laws as accurately as it was possible, Moses begins to investigate the remaining class of animals in the air; the innumerable kinds of flying creatures, rejecting all those which prey upon one another or upon man, all carnivorous birds, in short, all animals which are venomous, and all which have any power of plotting against others. (117) But doves, and pigeons, and turtle-doves, and all the flocks of cranes, and geese, and birds of that kind, he numbers in the class of domestic, and tame, and eatable creatures, allowing every one who chooses to partake of them with impunity. (118) Thus, in each of the parts of the universe, earth, water, and air, he refuses some kinds of each description of animal, whether terrestrial, or aquatic, or a’rial, to our use; and thus, taking as it were fuel from the fire, he causes the extinction of appetite.