De Specialibus Legibus (lib. i‑iv)

Why then should those who forget themselves, and who in their arrogance fancy that they themselves are superior to the ordinary natural weakness of mankind, and that they are out of the reach of the invisible and unexpected attacks of fortune, which often aims sudden blows at all people, and which has often wrecked men, who up to that moment had enjoyed a prosperous voyage through life, when they had almost arrived in the very harbour of ultimate happiness, why, I say, should such men triumph in and insult the misfortunes of others, having no respect for justice, the ruler of human life, who sits by the side of the great Ruler of the universe, who surveys all things with sleepless and most piercing eyes, and sees what is in recesses as clearly as if it was in the pure sunlight?

It seems to me that these men would not spare even the dead, in the extravagance of their cruelty, but, according to the proverb so commonly quoted, would even slay the slain over again, since they in a manner think fit to insult and ill treat those members of them which are already dead; for eyes which do not see are dead, and ears which are devoid of the power of hearing are devoid of life; so that if the man himself to whom these members belong, were to be extinct, they would then show their merciless and implacable nature, doing no humane or compassionate action, such as is shown to the dead, even by their enemies in irreconcileable wars. And this may be enough to say on this subject.

After this the lawgiver proceeds to connect with these commandments a somewhat similar harmony or series of injunctions; commanding breeders not to breed from animals of different species; not to sow a vineyard so as to make it bear two crops at once; and not to wear garments woven of two different substances, which are a mixed and base work. Now the first of these injunctions we have already mentioned in our treatise on adulterers, in order to make it more evident, that our people ought not to be anxious for marriages with foreigners, corrupting the dispositions of the women, and destroying also the good hopes which might be conceived of the propagation of legitimate children. For the lawgiver, who has forbidden all copulation between irrational animals of different species, appears to have utterly driven away all adulterers to a

And we must now speak again of this rule in this our treatise on justice. For we must take care not to pass over the opportunity of adapting it to as many particulars as possible. It is just then to bring together those things which are capable of union; now animals of the same species are by nature capable of union, as, on the other hand, all animals of different species are incapable of any admixture or union, and the man who brings unlawful connections to pass between such animals is an unjust man, transgressing the ordinances of nature;

but that which is the really sacred law takes such exceeding care to provide for the maintenance of justice, that it will not permit even the ploughing of the land to be carried on by animals of unequal strength, and forbids a husbandman to plough with an ass and a heifer yoked to the same plough, lest the weaker animals, being compelled to exert itself to keep up with the superior power of the stronger animal, should become exhausted, and sink under the effort;

and the bull is looked upon as the stronger animal, and is enrolled in the class of clean beasts and animals, while the ass is a weaker animal and of the class of unclean beasts; but nevertheless he has not grudged those animals which appear to be weaker, the assistance which they can derive from justice, in order, as I imagine, to teach the judges most forcibly, that they are never in their decisions to give the worse fate to the humbly born, in matters the investigation of which depends not on birth but on virtue and vice.

And resembling these injunctions is the last commandment concerning things yoked in pairs, namely, that it is unlawful to wear together substances of a different character, such as wool and linen; for in the case of these substances, not only does the difference prevent any union, but also the superior strength of the one substance is calculated rather to tear the other than to unite with it, when it is wanted to be used.

The commandment which came in the middle of the three injunctions about pairs, was that one was not to sow a vineyard so as to make it bear two crops at the same time; the object of this law being, in the first place, that those things which are of different species might not be confused by being mixed together; for crops grown from seed have no connection with trees, nor trees with crops grown from seed; on which

accordingly, it happens that at the same period of the year the one are becoming withered having been in bloom at an earlier time, while the others are just budding having been dried up before; for the crops which are produced from seed begin to flourish in the winter, when the trees are losing their leaves; and in the spring, on the contrary, when all the crops which are produced from seed are drying up, the wood of all trees, whether wild or improved by cultivation, are shooting; and one may almost say, that the period in which the crops which are produced from seed come to perfection is the same as that in which those of the trees derive the beginning of their productiveness.

Very naturally therefore, has God separated things so wholly different from one another, both in their natures and in the period of their flowering, and in the seasons of their producing their appropriate fruits, and has appointed different situations for them, producing order out of disorder; for order is closely connected with arrangement, and disorder with a want of arrangement.

And in the second place, in order that the two different species may not go through a reciprocal system of inflicting and suffering injury, because of one kind drawing away the nourishment from the other kind, while if that nourishment is divided into small portions, as happens in times of famine and of scarcity of necessaries, all plants of every kind will in every place become weak, and will be either afflicted with barrenness, becoming utterly unproductive, or at all events will never bear tolerably fine fruit, inasmuch as they have been previously weakened by want of nourishment.

And in the third place, in order that the naturally fertile land may not be oppressed with burdens beyond its strength, partly by the continued and uninterrupted thickness of the crops which are sown, and of the trees which are planted in the same place, and partly by the doubling of the crops, which are exacted from the ground; for it ought to be quite sufficient for the owner to draw one yearly tribute from one spot, just as it is sufficient for a king to receive his tribute from a city once

For which reason the law might well say to those who have determined to sow their vineyards with seed out of pure covetousness; "Do not you be worse than those kings who have subdued cities with arms and warlike expeditions, for even they, from a prudent regard for the future and from a proper wish to spare their subjects, are content to receive one payment of tribute each year, as they are desirous not to reduce them utterly to the very extremity of want and distress in a short time;

but if you in the spring exact from the same piece of ground crops of barley and of wheat, and in the summer the crops from the fruit-bearing trees, you will be exhausting it by a double contribution; for then it will very naturally grow faint and fail, like an athlete, who is never abroad any time to take breath and to collect his strength for the beginning of another contest.

"But you seem rashly to forget those precepts of general advantage which I enjoined you to observe. For, at all events, if you had recollected the commandment concerning the seventh year, in which I commanded you to allow the land to remain fallow and sacred, without being exhausted by any agricultural operation of any kind, by reason of the labours which it has been going through for the six preceding years, and which it has undergone, producing its crops at the appointed seasons of the year in accordance with the ordinances of nature; you would not now be introducing innovations, and giving vent to all your covetous desires, be seeking for unprecedented crops, sowing a land fit for the growth of trees, and especially one planted with vines, in order by two crops every year, both being founded in iniquity, to increase your substance out of undue avarice, amassing money by lawless desires."

For the same man would never endure to let his land lie fallow every seventh years without exacting any revenue from it, for the sake of not having his land exhausted by over-production, but of allowing it to recover itself by rest, and yet at the same time to oppress and overwhelm it by double burdens;

therefore I have judged it necessary to pronounce all acquisition or exaction of wealth in this way unholy and

Ought we not, then, to feel an attachment to such commandments as these, which tend to restrain us from and to remove us to a great distance from the acts of covetousness, which are common among men, blunting the edge of the passion itself? For if the private individual, who, in the matter of his plants, has learnt to renounce all unrighteous gain, if he should acquire power in weightier matters and become a king, would adopt the same practise towards men and women, not exacting twofold tributes from them, not exhausting his subjects with taxes and contributions; for the habits in which he has been brought up would be sufficient for him, and would be able to soften the harshness of his disposition, and in a manner to educate him, and to re-mould him to a better character. And that is a better character which justice impresses upon the soul.

These, then, are the laws which he appoints to be observed by each individual. But there are other commandments of a more general nature of which he enjoins the observance to the whole nation in common, recommending them to attend to them, not only with regard to their own friends and allies, but also to those who are unconnected with their alliance.

For if, says Moses, [*]( Deuteronomy xx. 1.) they shut themselves up within their walls and make their necks stiff, then let your young men arm themselves well, and being provided with all the preparations necessary for war, go forth and fortify their camp all around, and watch in expectancy, not indulging their anger so as to neglect reason, but taking care to apply themselves to what must be done firmly and strenuously.