De Specialibus Legibus (lib. i‑iv)

And let him instruct in the principles of justice all his relatives and friends, and all young men, at home and on the road, and when they are going to bed, and when they rise up; that in all their positions, and in all their motions, and in all places whether private or public, not only waking, but [*]( Deuteronomy vi. 6.) [*]( Deuteronomy vi. 7.)

Moreover, he ordains that those who have written out these things should afterwards affix them to every house belonging to a friend, and to the gates which are in their walls; that all people, whether coming in or going out, whether citizens or strangers, reading the writing thus fixed on pillars before the gates, may have an unceasing recollection of all that ought to be said or that ought to be done; and that every one may take care neither to do nor to suffer injury; and that all persons, whether going into their houses or going out of them, men and women, children and servants, may do all that is proper and becoming to one another and to themselves.

The lawgiver also gives this most admirable injunction, that one must not add anything to, or take anything away from the law, but that it is a duty to keep all the ordinances as originally established in an equal and similar state to that in which they were at first delivered without alteration; for, as it seems, there might otherwise be an addition of what is unjust; for there is nothing which has been omitted by the wise lawgiver which can enable a man to partake of entire and perfect justice.

Moreover, by this command Moses intimates the perfection of all other virtue; for each separate virtue is free from all deficiency, and is complete, deriving its perfection from itself; so that if there were any addition thereto, or anything taken away therefrom, it would be utterly and entirely changed and altered, so as to assume a contrary character.

What I meant to say is this, all who are profoundly ignorant and uninstructed, all who have the very slightest smattering of education, know that courage is a virtue which is conversant about terrible objects; is a

But if any one, under the influence of that ignorance which proceeds from insolence, should be so superfluous as to fancy himself capable of correcting that which requires no correction, and should consequently venture to add anything or take away anything, he, by so doing, is altering the whole appearance of the thing, changing that which had a good character into unseemliness; for by any addition to courage he will produce audacity, but if he takes anything away from it he will produce cowardice, not leaving even the name of courage, that most useful of all virtues to life.

In the same manner, if any one makes an addition, be it ever so small, or ever so great, to that queen of the virtues, piety, or if he takes anything away from it, he will change and metamorphose its whole appearance, and make it something quite different; for any addition will engender superstition, and any diminution will produce impiety, real piety itself wholly disappearing under the operation, which every one should pray for, that it may be continually conspicuous and brilliant, since it is the cause of the greatest of all blessings, inasmuch as it produces a knowledge of the service of God, which one ought to look upon as more important and more precious than any dominion or authority.

And we may give instances of every other virtue resembling what we have said about these just mentioned; but since I am in the habit of avoiding prolixity, I will be satisfied with what has been stated, which may be a sufficient guide to what might be said respecting these virtues which we omit to mention.

There is also this commandment ordained which is of great common utility, that, "Thou shalt not move thy neighbours’ land-marks which the former men have set up." [*]( Deuteronomy xix. 14.) And this injunction is given, as it seems, not only with respect to inheritances, and to the boundaries of the land, in order to prohibit covetousness respecting them, but also as a guard to ancient customs; for customs are unwritten laws, being the doctrines of men of old, not engraved on pillars or written on paper which may be eaten by moths, but [*]( Deuteronomy xix. 14.)

For the children ought to inherit from the father of their being the national customs in which they have been brought up, and in which they have lived from their cradle, and not to despise them merely because they are handed down without being written. For the man who obeys the written laws is not justly entitled to any praise, inasmuch as he is influenced by compulsion and the fear of punishment. But he who abides by the unwritten laws is worthy of praise, as exhibiting a spontaneous and unconstrained virtue. [*](in Yonge, this is "A TREATISE ON THE CREATION OF MAGISTRATES.")

Some persons have contended that all magistracies ought to have the officers appointed to them by lot; which however is a mode of proceeding not advantageous for the multitude, for the casting of lots shows good fortune, but not virtue; at all events many unworthy persons have often obtained office by such means, men whom, if a good man had the supreme authority, he would not permit to be reckoned even among his subjects:

for even those who are called lesser rulers by some persons, those whom men entitled masters, do not admit every one whom they can possibly find to be their servants, whether born in the house or bought with money; but they will only take those who are obedient, and at times they sell all those of incurably bad dispositions in a lot, as not being worthy to be the slaves of good men.

Therefore it is not right to make men masters and rulers of entire cities and nations, who obtain those places by lot, which is a sort of blunder on the part of fortune, which is an unstable and fickle thing. Beyond all question, casting of lots can have no connection with ability to attend upon the sick; for physicians do not obtain their employments by lot, but because their experience is approved of;

again, with reference to the successful voyage and safety of men at sea, it is not any man who may obtain the office of pilot by lot, who is sent at once to the stern to steer the vessel, and who then by his ignorance may cause a needless wreck in calm and tranquil weather, but that person has that charge given to him who, from his earliest youth, appears to have learnt and carefully studied the business of a pilot; this is a man who has made many voyages, and who has traversed every sea, or at all events most seas, and who has carefully ascertained the character of all the marts, and harbours, and anchorages, and places of refuge in the different islands and continents, and who is still better, or at all events not worse acquainted with the tracks over the sea, than he is with the roads on land, through his accurate observation of the heavenly bodies;

for having remarked the various motions of the stars, and having followed and being guided by their regular revolutions, he has learnt to be able to make out for himself an unerring and easy path through the pathless waste of waters, so that (what seems the most incredible of all things), beings whose nature it is to live on the land are able to traverse the sea which can only be crossed by sailing.

And if any one should be about to undertake the government or regulation of large and populous cities, full of inhabitants, and should attempt to settle the constitution of such, and should undertake the superintendence of private, and public, and sacred affairs, a task which any one may rightly call the art of arts, and the science of sciences, he would not trust to the uncertain chances of time, passing over the accurate and trustworthy test of truth; and the test of truth is proof combined with reason.

The all-wise Moses seeing this by the power of his own soul, makes no mention of any authority being assigned by lot, but he has chosen to direct that all offices shall be elected to; therefore he says, "Thou shalt not appoint a stranger to be a ruler over thee, but one of thine own brethren," [*]( Deuteronomy xvii. 15.) implying that the appointment is to be a voluntary choice, and an irreproachable selection of a ruler, whom the whole multitude with one accord shall choose; and God himself will add his vote in favour of, and set his seal to ratify such an election, that being who is the [*]( Deuteronomy xvii. 15.)

And Moses gives also two reasons, on account of which it is not proper for strangers to be elected to situations of authority; in the first place, that they may not amass ~ a quantity of silver, and gold, and flocks, and raise great and iniquitously earned riches for themselves, out of the poverty of those who are subjected to them; and secondly, that they may not make the nation quit their ancient abodes to gratify their own covetous desires, and so compel them to emigrate, and to wander about to and fro in interminable wanderings, suggesting to them hopes of the acquisition of greater blessings, which shall never be fulfilled, by which they come to lose those advantages of which they were in the secure enjoyment.

For our lawgiver was aware beforehand, as was natural that one who was a countryman and a relation, and who had also an especial share in the sublimest relationship of all, (and that sublimest of relationships is one constitution and the same law, and one God whose chosen nation is a peculiar people); so that he would never offend in any manner similar to those which I have been mentioning, but, on the other hand, instead of causing the inhabitants to quit their abodes, he would be likely even to afford a safe return to such of his countrymen as were dispersed in a foreign land; and instead of taking away the property of others, he would even give his own property to those who were in need of it, making his own wealth common.

And from the first day on which any one enters upon his office, he orders that he shall write out a copy of the book of the law [*]( Deuteronomy xvii. 18.) with his own hand, which shall supply him with a summary and concise image of all the laws, because he wishes that all the ordinances which are laid down in it shall be firmly fixed in his soul; for while a man is reading the notions of what he is reading fleet away, being carried off by the rapidity of his utterance; but if he is writing they are stamped upon his heart at leisure, and they take up their abode in the heart of each individual as his mind dwells upon each particular, and settles itself to the contemplation of it, and does not depart to any other object, till it has taken a firm hold of that which was previously [*]( Deuteronomy xvii. 18.)