Against Apion (2.151-2.179)

To begin then a good way backward, I would advance this, in the first place, that those who have been admirers of good order, and of living under common laws, and who began to introduce them, may well have this testimony that they are better than other men, both for moderation and such virtue as is agreeable to nature. Indeed their endeavor was to have every thing they ordained believed to be very ancient, that they might not be thought to imitate others, but might appear to have delivered a regular way of living to others after them. Since then this is the case, the excellency of a legislator is seen in providing for the people's living after the best manner, and in prevailing with those that are to use the laws he ordains for them, to have a good opinion of them, and in obliging the multitude to persevere in them, and to make no changes in them, neither in prosperity nor adversity. Now I venture to say, that our legislator is the most ancient of all the legislators whom we have ally where heard of; for as for the Lycurguses, and Solons, and Zaleucus Locrensis, and all those legislators who are so admired by the Greeks, they seem to be of yesterday, if compared with our legislator, insomuch as the very name of a law was not so much as known in old times among the Grecians. Homer is a witness to the truth of this observation, who never uses that term in all his poems; for indeed there was then no such thing among them, but the multitude was governed by wise maxims, and by the injunctions of their king. It was also a long time that they continued in the use of these unwritten customs, although they were always changing them upon several occasions. But for our legislator, who was of so much greater antiquity than the rest, (as even those that speak against us upon all occasions do always confess,) he exhibited himself to the people as their best governor and counselor, and included in his legislation the entire conduct of their lives, and prevailed with them to receive it, and brought it so to pass, that those that were made acquainted with his laws did most carefully observe them.

But let us consider his first and greatest work; for when it was resolved on by our forefathers to leave Egypt, and return to their own country, this Moses took the many tell thousands that were of the people, and saved them out of many desperate distresses, and brought them home in safety. And certainly it was here necessary to travel over a country without water, and full of sand, to overcome their enemies, and, during these battles, to preserve their children, and their wives, and their prey; on all which occasions he became an excellent general of an army, and a most prudent counselor, and one that took the truest care of them all; he also so brought it about, that the whole multitude depended upon him. And while he had them always obedient to what he enjoined, he made no manner of use of his authority for his own private advantage, which is the usual time when governors gain great powers to themselves, and pave the way for tyranny, and accustom the multitude to live very dissolutely; whereas, when our legislator was in so great authority, he, on the contrary, thought he ought to have regard to piety, and to show his great good-will to the people; and by this means he thought he might show the great degree of virtue that was in him, and might procure the most lasting security to those who had made him their governor. When he had therefore come to such a good resolution, and had performed such wonderful exploits, we had just reason to look upon ourselves as having him for a divine governor and counselor. And when he had first persuaded himself [*] that his actions and designs were agreeable to God's will, he thought it his duty to impress, above all things, that notion upon the multitude; for those who have once believed that God is the inspector of their lives, will not permit themselves in any sin. And this is the character of our legislator: he was no impostor, no deceiver, as his revilers say, though unjustly, but such a one as they brag Minos [*] to have been among the Greeks, and other legislators after him; for some of them suppose that they had their laws from Jupiter, while Minos said that the revelation of his laws was to be referred to Apollo, and his oracle at Delphi, whether they really thought they were so derived, or supposed, however, that they could persuade the people easily that so it was. But which of these it was who made the best laws, and which had the greatest reason to believe that God was their author, it will be easy, upon comparing those laws themselves together, to determine; for it is time that we come to that point. [*] Now there are innumerable differences in the particular customs and laws that are among all mankind, which a man may briefly reduce under the following heads: Some legislators have permitted their governments to be under monarchies, others put them under oligarchies, and others under a republican form; but our legislator had no regard to any of these forms, but he ordained our government to be what, by a strained expression, may be termed a Theocracy, [*] by ascribing the authority and the power to God, and by persuading all the people to have a regard to him, as the author of all the good things that were enjoyed either in common by all mankind, or by each one in particular, and of all that they themselves obtained by praying to him in their greatest difficulties. He informed them that it was impossible to escape God's observation, even in any of our outward actions, or in any of our inward thoughts. Moreover, he represented God as unbegotten, [*] and immutable, through all eternity, superior to all mortal conceptions in pulchritude; and, though known to us by his power, yet unknown to us as to his essence. I do not now explain how these notions of God are the sentiments of the wisest among the Grecians, and how they were taught them upon the principles that he afforded them. However, they testify, with great assurance, that these notions are just, and agreeable to the nature of God, and to his majesty; for Pythagoras, and Anaxagoras, and Plato, and the Stoic philosophers that succeeded them, and almost all the rest, are of the same sentiments, and had the same notions of the nature of God; yet durst not these men disclose those true notions to more than a few, because the body of the people were prejudiced with other opinions beforehand. But our legislator, who made his actions agree to his laws, did not only prevail with those that were his contemporaries to agree with these his notions, but so firmly imprinted this faith in God upon all their posterity, that it never could be removed. The reason why the constitution of this legislation was ever better directed to the utility of all than other legislations were, is this, that Moses did not make religion a part of virtue, but he saw and he ordained other virtues to be parts of religion; I mean justice, and fortitude, and temperance, and a universal agreement of the members of the community with one another; for all our actions and studies, and all our words, [in Moses's settlement,] have a reference to piety towards God; for he hath left none of these in suspense, or undetermined. For there are two ways of coining at any sort of learning and a moral conduct of life; the one is by instruction in words, the other by practical exercises. Now other lawgivers have separated these two ways in their opinions, and choosing one of those ways of instruction, or that which best pleased every one of them, neglected the other. Thus did the Lacedemonians and the Cretians teach by practical exercises, but not by words; while the Athenians, and almost all the other Grecians, made laws about what was to be done, or left undone, but had no regard to the exercising them thereto in practice.

But for our legislator, he very carefully joined these two methods of instruction together; for he neither left these practical exercises to go on without verbal instruction, nor did he permit the hearing of the law to proceed without the exercises for practice; but beginning immediately from the earliest infancy, and the appointment of every one's diet, he left nothing of the very smallest consequence to be done at the pleasure and disposal of the person himself. Accordingly, he made a fixed rule of law what sorts of food they should abstain from, and what sorts they should make use of; as also, what communion they should have with others what great diligence they should use in their occupations, and what times of rest should be interposed, that, by living under that law as under a father and a master, we might be guilty of no sin, neither voluntary nor out of ignorance; for he did not suffer the guilt of ignorance to go on without punishment, but demonstrated the law to be the best and the most necessary instruction of all others, permitting the people to leave off their other employments, and to assemble together for the hearing of the law, and learning it exactly, and this not once or twice, or oftener, but every week; which thing all the other legislators seem to have neglected.

And indeed the greatest part of mankind are so far from living according to their own laws, that they hardly know them; but when they have sinned, they learn from others that they have transgressed the law. Those also who are in the highest and principal posts of the government, confess they are not acquainted with those laws, and are obliged to take such persons for their assessors in public administrations as profess to have skill in those laws; but for our people, if any body do but ask any one of them about our laws, he will more readily tell them all than he will tell his own name, and this in consequence of our having learned them immediately as soon as ever we became sensible of any thing, and of our having them as it were engraven on our souls. Our transgressors of them are but few, and it is impossible, when any do offend, to escape punishment.

And this very thing it is that principally creates such a wonderful agreement of minds amongst us all; for this entire agreement of ours in all our notions concerning God, and our having no difference in our course of life and manners, procures among us the most excellent concord of these our manners that is any where among mankind; for no other people but the Jews have avoided all discourses about God that any way contradict one another, which yet are frequent among other nations; and this is true not only among ordinary persons, according as every one is affected, but some of the philosophers have been insolent enough to indulge such contradictions, while some of them have undertaken to use such words as entirely take away the nature of God, as others of them have taken away his providence over mankind. Nor can any one perceive amongst us any difference in the conduct of our lives, but all our works are common to us all. We have one sort of discourse concerning God, which is conformable to our law, and affirms that he sees all things; as also we have but one way of speaking concerning the conduct of our lives, that all other things ought to have piety for their end; and this any body may hear from our women, and servants themselves.