De Specialibus Legibus (lib. i‑iv)

therefore, by means of taste the nourishment derived from food is conveyed into the system, and by means of the nostrils the air on which every living thing depends; for this also is a continual food, which nourishes and preserves men, not only while they are awake, but also while they are asleep. And the proof of this is clear; for if the passage of the breath be obstructed for even the shortest period, to such a degree as wholly to cut off the air which is intended by nature to be conveyed into the system from without, inevitable death will of necessity ensue.

Again, of the more philosophical of the outward senses by means of which the living well is produced, the power of sight beholds the light which is the most beautiful of all essences, and by means of the light it beholds all other things, the sun, the moon, the stars, the heaven, the earth, the sea, the innumerable varieties of plants and animals, and in short all bodies, and shapes, and odours, and magnitudes whatever, the sight of which has given birth to excessive wisdom, and has begotten a great desire for knowledge.

And even without reckoning the advantage derived from these things; sight also affords us the greatest benefits in respect of the power of distinguishing one’s relatives and strangers, and friends, and avoiding what is injurious and choosing what is beneficial. Now each of the other parts of the body has been created with reference to appropriate uses, which are of great importance, as, for instance, the feet were made for walking, and for all the other uses to which the legs can be applied; again, the hands were created for the purpose of doing, or giving, or taking anything; and the eyes, as a sort of universal good, afford both to the hands and feet, and to all the other parts of the body the cause of being able to act or move rightly;

and that this is the case is most unerringly demonstrated by the evidence of those who have suffered any mutilation in these members, who cannot in real truth be said to have either feet or hands, and who by the reality of their condition prove the correctness of their name, which they say that men of old gave them not so much by way of reproach as out of

Again, hearing is the thing by which melodies and rhythm, and all parts and divisions of music are distinguished; for song and speech are salutary and wholesome medicines, the one charming the passions and the inharmonious qualities within us by its rhythm, and our unmelodious qualities by its melodies, and bridling our immoderate vehemence by its fixed measures;

and each of those parts of it are various and multiform, as the musicians and poets do testify, whom we must believe; and speech, checking and cutting short all the impulses which lead to wickedness, and healing those who are under the dominion of folly and misery, and strengthening those who are inclined to yield in a cowardly manner, and subduing those who resist more obstinately, becomes thus the cause of the greatest advantages.

The advocates of the mind and of the outward senses, having put these arguments together, make gods of both of them, the one deifying the first, and the other the last; both classes out of their self-will and self-conceit forgetting the truly living God. On which account the lawgiver very naturally excludes them all from the sacred assembly, calling those who would take away the ideas, broken in the stones, and those too who are utterly atheistical, to whom he has given the appropriate name of eunuchs; and those who are the teachers of an opposite system of theogony, whom he calls the sons of a harlot; and besides all these classes he excludes also the self-willed and self-conceited, some of whom have deified reason, and others have called each separate one of the outward senses gods.

For all these men are hastening to the same end, even though they are not all influenced by the same intentions.

But we who are the followers and disciples of the prophet Moses, will never abandon our investigation into the nature of the true God; looking upon the knowledge of him as the true end of happiness; and thinking that the true everlasting life, as the law says, [*]( Deuteronomy iv. 4.) is to live in obedience to and worship of God; in which precept it gives us a most important and philosophical lesson; for in real truth those who are atheists are dead as to their souls, but those who are marshalled in the ranks of the true living God, as his servants, enjoy an everlasting life. [*]( Deuteronomy iv. 4.)

In the treatise preceding this one we have discussed with accuracy two articles of the ten commandments, that which relates to not thinking that any other beings are absolute gods, except God himself; and the other which enjoins us not to worship as God any object made with hands. And we also spoke of the laws which relate specially to each of these points. But we will now proceed to discuss the three which come next in the regular order, again adapting suitable special laws to each.

And the first of these other commandments is not to take the name of God in vain; for the word of the virtuous man, says the law, shall be his oath, firm, unchangeable, which cannot lie, founded steadfastly on truth. And even if particular necessities shall compel him to swear, then he should make the witness to his oath the health or happy old age of his father or mother, if they are alive; or their memory, if they are dead.

One person is recorded in the law, one of the patriarchs of the race, and one of those most especially admired for his wisdom, "as swearing by the face of his father," for the benefit, I imagine, of all those who might live afterwards, and with the object of giving necessary instruction, so that posterity might honour their parents in the proper manner, loving them as benefactors and respecting them as rulers appointed by nature, and might therefore not rashly invoke the name of God.

And these men also deserve to be praised who, when they are compelled to swear, by their slowness, and delay, and evasion, cause fear not only to those who see them, but to those also who invite them to take an oath; for when they do pronounce the oath they are accustomed to say only thus much, "By the—;" or, "No, by the—;" without any further addition, giving an emphasis to these words by the mutilation of the usual form, but without uttering the express oath.

However, if a man must swear and is so inclined, let him add, if he pleases, not indeed the highest name of all, and the most important cause of all things, but the earth, the sun, the stars, the heaven, the universal world; for these things are all most worthy of being named, and are more ancient than our own birth, and, moreover, they never grow old, lasting for ever and ever, in accordance with the will of their Creator.

And some men display such easiness and indifference on the subject, that, passing over all created things, they dare in their ordinary conversation to rise up to the Creator and Father of the universe, without stopping to consider the place in which they are, whether it be profane or sacred; or the time, whether it be suitable; or themselves, whether they are pure in body and soul; or the business, whether it be important; or the occasion, whether it is necessary; but (as the proverb says), they pollute everything with unwashed feet, as if it were decent, since nature has bestowed a tongue upon them, for them to let it loose unrestrained and unbridled to approach objects which it is impious to approach.

When they ought rather to employ that most excellent of all the organs by which voice and speech (the most useful things in human life, and the causes of all communion among men)

But now, out of their excessive impiety, they use the most awful names in speaking of the most unimportant matters, and heaping one appellation upon another in a perfect crowd they feel no shame, thinking that by the frequency and number of their uninterrupted oaths they will attain to the object which they desire, being very foolish to think so; for a great number of oaths is no proof of credibility, but rather of a man’s not deserving to be believed in the opinion of men of sense and wisdom.

But if any one being compelled to swear, swears by anything whatever in a manner which the law does not forbid, let him exert himself with all his strength and by every means in his power to give effect to his oath, interposing no hindrance to prevent the accomplishment of the matter thus ratified, especially if neither implacable anger or frenzied love, or unrestrained appetites agitate the mind, so that it does not know what is said or done, but if the oath has been taken with sober reason and deliberate purpose.

For what is better than to speak with perfect truth throughout one’s whole life, and to prove this by the evidence of God himself? For an oath is nothing else but the testimony of God invoked in a matter which is a subject of doubt, and to invoke God to witness a statement which is not true is the most impious of all things.

For a man who does this, is all but saying in plain words (even though he hold his peace), "I am using thee as a veil for my iniquity; do thou co-operate with me, who am ashamed to appear openly to be behaving unjustly. Do thou incur the blame instead of me, who am acting unjustly. For though I am doing wrong, I am anxious not to be accounted wicked, but thou canst be indifferent to thy reputation with the multitude, having no regard to being well spoken of." But to say or imagine such things as these is most impious, for not only would God, who is free from all participation in wickedness, but even any father or any stranger, provided he were not utterly devoid of all virtue, would be indignant if he were addressed in such a way as this.

A man, therefore, as I have said, must be sure and give effect to all oaths which are taken for honourable and desirable