De Specialibus Legibus (lib. i‑iv)

Philo Judaeus

The works of Philo Judaeus, the contemporary of Josephus, volume 3. Yonge, C. D., translator. London: Henry G. Bohn, 1855.

When therefore he is writing, let him take care, every day, to read and study what he has written, both in order that he may thus attain to a continual and unchangeable recollection of these commands which are virtuous and expedient for all men to observe, and also that a firm love of and desire for them may be implanted in him, by reason of his soul being continually taught and accustomed to apply itself to the study and observance of the sacred laws. For familiarity, which has been engendered by long acquaintance, engenders a sincere and pure friendship, not only towards men, but even also towards such branches of learning as are worthy to be loved;

and this will take place if the ruler studies not the writings and memorials of some one else but those which he himself has written out; for his own works are, in a certain degree, more easily to be understood by each individual, and they are also more easily to be comprehended;

and besides that a man, while he is reading them, will have such considerations in his mind as these: "I wrote all this; I who am a ruler of such great power, without employing any one else as my scribe, though I had innumerable servants. Did I do all this, in order to fill up a volume, like those who copy out books for hire, or like men who practise their eyes and their hands, training the one to acuteness of sight, and the others to rapidity of writing? Why should I have done this? That was not the case; I did it in order that after I had recorded these things in a book, I might at once proceed to impress them on my heart, and that I might stamp upon my intellect their divine and indelible characters:

other kings bear sceptres in their hands, and sit upon thrones in royal state, but my sceptre shall be the book of the copy of the law; that shall be my boast and my incontestible glory, the signal of my irreproachable sovereignty, created after the image and model of the archetypal royal power of God.

"And by always relying upon and supporting myself in the sacred laws, I shall acquire the most excellent things. In the first place equality, than which it is not possible to discern any greater blessing, for insolence and excessive haughtiness are the signs of a narrow-minded soul, which does not foresee the future.

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"Equality, therefore, will win me good will from all who are subject to my power, and safety inasmuch as they will bestow on me a just requital for my kindness; but inequality will bring upon me terrible dangers, and these I shall escape by hating inequality, the purveyor of darkness and wars; and my life will be in no danger of being plotted against, because I honour equality, which has no connection with seditions, but which is the parent of light and stability.

Moreover, I shall gain another advantage, namely, that I shall not sway this way and that way, like the dishes in a scale, in consequence of perverting and distorting the commandments laid down for my guidance. But I shall endeavour to keep them, going through the middle of the plain road, keeping my own steps straight and upright, in order that I may attain to a life free from error or misfortune."

And Moses was accustomed to call the middle road the royal one, inasmuch as it lay between excess and deficiency; and besides, more especially, because in the number three the centre occupies the most important place, uniting the extremities on either side by an indissoluble chain, it being attended by these extremities as its body-guards as though it were a king.

Moreover, Moses says that a long-enduring sovereignty is the reward of a lawful magistrate or ruler who honours equality, and who without any corruption gives just decisions in a just manner, always studying to observe the laws; not for the sake of granting him a life extending over many years, combined with the administration of the commonwealth, but in order to teach those who do not understand that a governor who rules in accordance with the laws, even though he die, does nevertheless live a long life by means of his actions which he leaves behind him as immortal, the indestructible monuments of his piety and virtue.

And it becomes a man who has been thought worthy of the supreme and greatest authority to appoint successors who may govern with him and judge with him, and, in concert with him, may ordain everything which is for the common advantage; for one person would not be sufficient, even if he were ever so willing, and if he were the most powerful man in the world, both in body and soul, to support the weight and number of affairs which would come upon him,

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as he would faint under the pressure and rapidity of all kinds of business coming in upon him continually every day from all quarters, unless he had a number of persons selected with reference to their excellence who might co-operate with him by their prudence, and power, and justice, and godly piety, men who not only avoid arrogance, but even detest it as an enemy and as the very greatest of evils.

For these men would stand by, and assist, and co-operate with a virtuous and holy man, one who hated evils equally with themselves, and would be the most suitable persons to lighten and relieve his labours. And, besides, since of the matters which would force themselves upon his attention, some are of greater importance and others of less, the chief will very reasonably commit those which are more unimportant to his lieutenants, while he himself would of necessity become the most accurate judge of the weightier matters.

But the affairs which we ought to look upon as the most weighty are not, as some persons think, those in which persons of reputation are at variance with other persons of reputation, or rich men with rich men, or princes with princes; but, on the contrary, are rather where there are powerful men on one side, and private individuals, men of no wealth, or dignity, or reputation, on the other, men whose sole hope of escaping intolerable evils lies in the judge himself.

And we can find clear instances of both kinds in the sacred laws, which it is well for us to imitate; for there was once a time in which Moses, alone by himself, decided all causes and all matters of legal controversy, labouring from morning till night. But after a time his father-in-law came to him, and seeing with what a weight of business he was overwhelmed, as all those who had any disputes were everlastingly coming upon him, he gave him most excellent advice, counselling him to choose subordinate magistrates, that they might decide the less important affairs, and that he might have only the more serious causes to occupy him, and by this means provide himself with time for rest. [*]( Exodus xviii. 14.)

And Moses, being convinced by the arguments of Jethro (for, indeed, they were for his good), having chosen the men of the highest reputation in the whole nation, he appointed them [*]( Exodus xviii. 14.)

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his lieutenants and judges, bidding them refer the more important cases to him.

And the history of the sacred laws contains this arrangement duly recorded, for the instruction of the rulers in all succeeding generations, that, in the first place, they may not despise the assistance of fellow counsellors, as if they were able to themselves to superintend everything, since that all-wise and godly man, Moses, did not reject them; and, secondly, that they may learn to choose subordinates of the second class and of the third class, so as to provide for themselves not being driven to neglect matters of greater importance, through being wholly occupied by affairs of a more trifling nature; for it is impossible for human nature to attend to everything at once.

We have here mentioned one example of what we before alluded to. We must now add an instance of the second kind. I said that the causes of men of humble condition were important; for the widow, and the orphan, and the stranger are powerless and humble. And it is right that the supreme King should be the judge in their case, the Ruler who has the supreme authority over the whole nation; since, according to Moses, even God, the Ruler of the universe, did not exclude them from the provisions of his laws;

for when Moses, that holy interpreter of the will of God, is raising a hymn in praise of the virtues of the living God in these terms, "God is great and mighty, one who is no respecter of persons, and who does not take gifts to guide him in his judgment." [*]( Deuteronomy x. 17.) he adds, in whose case it is that he gives judgment, not in the case of satraps, and tyrants, and men who have the power by land and sea, but he gives judgment respecting the stranger, and the orphan, and the widow.

In the case of the first, because he has made his own kinsmen, whom alone it was natural for him to have as allies and champions, his irreconcileable enemies, by quitting their camp and taking up his abode with the truth, and with the honour of the one Being who is entitled to honour, abandoning all the fabulous inventions and polytheistic notions which his fathers, and grandfathers, and ancestors, and all [*]( Deuteronomy x. 17.)

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his kindred, who cleave to the beautiful settlement which he has forsaken, were wont to honour. In the case of the second, because he is deprived of his father and mother, his natural defenders and protectors, and by consequence of the only power which was bound to show itself as his ally. And lastly, in the case of the woman who is a widow because she has been deprived of her husband, who succeeded her parents as her guardian and protector; for a husband is to his wife in point of relationship what her parents are to a virgin.

And one may almost say that the whole nation of the Jews may be looked upon in the light of orphans, if they are compared with all other nations in other lands; for other nations, as often as they are afflicted by any calamities which are not of divine infliction, are in no want of assistance by reason of their frequent intercourse with other nations, from their habitual dealings in common. But this nation of the Jews has no such allies by reason of the peculiarity of its laws and customs. And their laws are of necessity strict and rigorous, as they are intended to train them to the greatest height of virtue; and what is strict and rigorous is austere. And such laws and customs the generality of men avoid, because of their inclination for and their adoption of pleasure.

But, nevertheless, Moses says that the great Ruler of the universe, whose inheritance they are, does always feel compassion and pity for the orphan and desolate of this his people, because they have been dedicated to him, the Creator and Father of all, as a sort of first-fruits of the whole human race.