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the antiquities of the jews-1-第53章

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law judging it equitable that life should go for life。

34。 Let no one of the Israelites keep any poison (29) that may
cause death; or any other harm; but if he be caught with it; let
him be put to death; and suffer the very same mischief that he
would have brought upon them for whom the poison was prepared。

35。 He that maimeth any one; let him undergo the like himself;
and be deprived of the same member of which he hath deprived the
other; unless he that is maimed will accept of money instead of
it (30) for the law makes the sufferer the judge of the value of
what he hath suffered; and permits him to estimate it; unless he
will be more severe。

36。 Let him that is the owner of an ox which pusheth with his
horn; kill him: but if he pushes and gores any one in the
thrashing…floor; let him be put to death by stoning; and let him
not be thought fit for food: but if his owner be convicted as
having known what his nature was; and hath not kept him up; let
him also be put to death; as being the occasion of the ox's
having killed a man。 But if the ox have killed a man…servant; or
a maid…servant; let him be stoned; and let the owner of the ox
pay thirty shekels (31) to the master of him that was slain; but
if it be an ox that is thus smitten and killed; let both the
oxen; that which smote the other and that which was killed; be
sold; and let the owners of them divide their price between them。

37。 Let those that dig a well or a pit be careful to lay planks
over them; and so keep them shut up; not in order to hinder any
persons from drawing water; but that there may be no danger of
falling into them。 But if any one's beast fall into such a well
or pit thus digged; and not shut up; and perish; let the owner
pay its price to the owner of the beast。 Let there be a
battlement round the tops of your houses instead of a wall; that
may prevent any persons from rolling down and perishing。

38。 Let him that has received any thing in trust for another;
take care to keep it as a sacred and divine thing; and let no one
invent any contrivance whereby to deprive him that hath intrusted
it with him of the same; and this whether he be a man or a woman;
no; not although he or she were to gain an immense sum of gold;
and this where he cannot be convicted of it by any body; for it
is fit that a man's own conscience; which knows what he hath;
should in all cases oblige him to do well。 Let this conscience be
his witness; and make him always act so as may procure him
commendation from others; but let him chiefly have regard to God;
from whom no wicked man can lie concealed: but if he in whom the
trust was reposed; without any deceit of his own; lose what he
was intrusted withal; let him come before the seven judges; and
swear by God that nothing hath been lost willingly; or with a
wicked intention; and that he hath not made use of any part
thereof; and so let him depart without blame; but if he hath made
use of the least part of what was committed to him; and it be
lost; let him be condemned to repay all that he had received。
After the same manner as in these trusts it is to be; if any one
defraud those that undergo bodily labor for him。 And let it be
always remembered; that we are not to defraud a poor man of his
wages; as being sensible that God has allotted these wages to him
instead of land and other possessions; nay; this payment is not
at all to be delayed; but to be made that very day; since God is
not willing to deprive the laborer of the immediate use of what
he hath labored for。

39。 You are not to punish children for the faults of their
parents; but on account of their own virtue rather to vouchsafe
them commiseration; because they were born of wicked parents;
than hatred; because they were born of bad ones。 Nor indeed ought
we to impute the sin of children to their fathers; while young
persons indulge themselves in many practices different from what
they have been instructed in; and this by their proud refusal of
such instruction。

40。 Let those that have made themselves eunuchs be had in
detestation; and do you avoid any conversation with them who have
deprived themselves of their manhood; and of that fruit of
generation which God has given to men for the increase of their
kind: let such be driven away; as if they had killed their
children; since they beforehand have lost what should procure
them; for evident it is; that while their soul is become
effeminate; they have withal transfused that effeminacy to their
body also。 In like manner do you treat all that is of a monstrous
nature when it is looked on; nor is it lawful to geld men or any
other animals。 (32)

41。 Let this be the constitution of your political laws in time
of peace; and God will be so merciful as to preserve this
excellent settlement free from disturbance: and may that time
never come which may innovate any thing; and change it for the
contrary。 But since it must needs happen that mankind fall into
troubles and dangers; either undesignedly or intentionally; come
let us make a few constitutions concerning them; that so being
apprised beforehand what ought to be done; you may have salutary
counsels ready when you want them; and may not then be obliged to
go to seek what is to be done; and so be unprovided; and fall
into dangerous circumstances。 May you be a laborious people; and
exercise your souls in virtuous actions; and thereby possess and
inherit the land without wars; while neither any foreigners make
war upon it; and so afflict you; nor any internal sedition seize
upon it; whereby you may do things that are contrary to your
fathers; and so lose the laws which they have established。 And
may you continue in the observation of those laws which God hath
approved of; and hath delivered to you。 Let all sort of warlike
operations; whether they befall you now in your own time; or
hereafter in the times of your posterity; be done out of your own
borders: but when you are about to go to war; send embassages and
heralds to those who are your voluntary enemies; for it is a
right thing to make use of words to them before you come to your
weapons of war; and assure them thereby; that although you have a
numerous army; with horses and weapons; and; above these; a God
merciful to you; and ready to assist you; you do however desire
them not to compel you to fight against them; nor to take from
them what they have; which will indeed be our gain; but what they
will have no reason to wish we should take to ourselves。 And if
they hearken to you; it will be proper for you to keep peace with
them; but if they trust in their own strength; as superior to
yours; and will not do you justice; lead your army against them;
making use of God as your supreme Commander; but ordaining for a
lieutenant under him one that is of the greatest courage among
you; for these different commanders; besides their being an
obstacle to actions that are to be done on the sudden; are a
disadvantage to those that make use of them。 Lead an army pure;
and of chosen men; composed of all such as have extraordinary
strength of body and hardiness of soul; but do you send away the
timorous part; lest they run away in the time of action; and so
afford an advantage to your enemies。 Do you also give leave to
those that have lately built them houses; and have not yet lived
in them a year's time; and to those that have planted them
vineyards; and have not yet been partakers of their fruits; … to
continue in their own country; as well as those also who have
betrothed; or lately married them wives; lest they have such an
affection for these things that they he too sparing of their
lives; and; by reserving themselves for these enjoyments; they
become voluntary cowards; on account of their wives。

42。 When you have pitched your camp; take care that you do
nothing that is cruel。 And when you are engaged in a siege; and
want timber for the making of warlike engines; do not you render
the land naked by cutting down trees that bear fruit; but spare
them; as considering that they were made for the benefit of men;
and that if they could speak; they would have a just plea against
you; because; though they are not occasions of the war; they are
unjustly treated; and suffer in it; and would; if they were able;
remove themselves into another land。 When you have beaten your
enemies in battle; slay those that have fought against you; but
preserve the others alive; that they may pay you tribute;
excepting the nation of the Canaanites; for as to that people;
you must entirely destroy them。

43; Take care; especially in your battles; that no woman use the
habit of a man; nor man the garment of a woman。

44。 This was the form of political government which was left us
by Moses。 Moreover; he had already delivered laws in writing (33)
in the fortieth year 'after they came out of Egypt'; concerning
which we will discourse in another book。 But now on the following
days (for he called them to assemble continually) he delivered
blessings to them; and curses upon those that should not live
according to the laws; but should transgress the duties that were
determined for them to observe。 After this; he read to them a
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