A Treatise on Those Special Laws Which Are Referrible to Two Commandments in the Decalogue, the Sixth and Seventh, Against Adulterers and All Lewd Per

 I. (1) There was once a time when, devoting my leisure to philosophy and to the contemplation of the world and the things in it, I reaped the fruit of

 II. (7) And since of the ten commandments which God himself gave to his people without employing the agency of any prophet or interpreter, five which

 III. (12) Moreover the law has laid down other admirable regulations with regard to carnal conversation for it commands men not only to abstain from

 IV. (22) There follows after this a command not to espouse one's sister: which is an injunction of great excellence, and one which contributes very gr

 V. (26) On which account our lawgiver has also forbidden other matrimonial connections, commanding that no man shall marry his granddaughter, whether

 VI. (32) And there are particular periods affecting the health of the woman when a man may not touch her, but during that time he must abstain from al

 VII. (37) Moreover, another evil, much greater than that which we have already mentioned, has made its way among and been let loose upon cities, namel

 VIII. (43) But some persons, imitating the sensual indulgences of the Sybarites and of other nations more licentious still, have in the first place de

 IX. (51) Again, according to the injunctions of the sacred scriptures the constitution of the law does not recognise a harlot as being a person alien

 X. (52) The law has pronounced all acts of adultery, if detected in the fact, or if proved by undeniable evidence, liable to the punishment of death

 XI. (64) But if any one should offer violence to a widow after her husband is dead, or after she has been otherwise divorced from him, and defile her,

 XII. (72) Some people think that a licensed concubinage is an offence something between seduction and adultery, when the two parties come together, an

 XIII. (76) Therefore justice in every case pursues the man who has committed violence, nor is his iniquity excused by the difference of the place, so

 XIV. (79) There are also some persons easily sated with their connection with the same woman, being at once both mad for women and women haters, full

 XV. (83) The name of homicide is that affixed to him who has slain a man but in real truth it is a sacrilege, and the very greatest of all sacrileges

 XVI. (90) Therefore, since they have heaped iniquity upon iniquity, adding lawlessness and impiety to murder, they must be dragged out of the temple t

 XVII. (92) But some persons who have slain others with swords, or spears, or darts, or clubs, or stones, or something of that kind, may possibly have

 XVIII. (100) Now the true magical art, being a science of discernment, which contemplates and beholds the books of nature with a more acute and distin

 XIX. (104) This may be sufficient to say on the present occasion concerning poisoners and magicians. Moreover, we ought also not to be ignorant of thi

 XX. (110) On account of this commandment he also adds another proposition of greater importance, in which the exposure of infants is forbidden, which

 XXI. (120) The sacred law says that the man, who has been killed without any intention that he should be so on the part of him who killed him, has bee

 XXII. (124) And the cause of the first of these injunctions was this. The tribe which has been mentioned received these cities as a reward for a justi

 XXIII. (128) Therefore the lawgiver enjoins that the man who has committed an unintentional murder should flee to some one of the cities which this tr

 XXIV. (134) Such, then, is the reason which it is fitting should be communicated to the ears of the younger men. But there is another which may be wel

 XXV. This is enough to say concerning free men and citizens. The lawgiver proceeds in due order to establish laws concerning slaves who are killed by

 XXVI. (144) If a bull gore a man and kill him, let him be Stoned.[Ex 21:28.] For his flesh may not be either offered in sacrifice by the priests, nor

 XXVII. (147) Some persons are accustomed to dig very deep pits, either in order to open springs which may bubble up, or else to receive rain water, an

 XXVIII. (150) The law expressly enjoins that it shall not be lawful to take any ransom from murderers who ought to be put to death, for the purpose of

 XXIX. (153) Moreover, there is this further commandment given with great propriety, that the fathers are not to die in behalf of their sons, nor the s

 XXX. (157) But these men have this to say in excuse of themselves, that they are not pursuing any private advantage for themselves, and also that they

 XXXI. (169) Market places, and council chambers, and courts of justice, and large companies and assemblies of numerous crowds, and a life in the open

 XXXII. (178) And this is the cause which is often mentioned by many people. But I have heard another also, alleged by persons of high character, who l

 XXXIII. (181) And any one may here fitly blame those who appoint that punishments, in nowise corresponding to the offences, are to be inflicted on the

 XXXIV. (185) Now it would take a long time to enumerate all the necessities which the eyes supply to, and all the services which they perform for, the

 XXXV. (195) If therefore any one has ever plotted against this most excellent and most dominant of all the outward senses, namely sight, so as ever to

 XXXVI. (198) The law also commands that if any one strike out the tooth of a slave he shall bestow his freedom on the slave why is this? because life

XXIII. (128) Therefore the lawgiver enjoins that the man who has committed an unintentional murder should flee to some one of the cities which this tribe has received as its inheritance, in order to comfort him and to teach him not to despair of any sort of safety; but to make him, while safe through the privilege of the place, remember and consider that not only on certain occasions is forgiveness allowed to those who have designedly slain any person, but that even great and preeminent honours and excessive happiness is bestowed on them. And if such honours can ever be allowed to those who have slain a man voluntarily, how much more must there be allowance made for those who have done so not with any design, so that, even if no honour be bestowed on them, they may at least not be condemned to be put to death in retaliation. By which injunctions the lawgiver intimates that every kind of homicide is not blameable, but only that which is combined with injustice; and that of other kinds some are even praiseworthy which are committed out of a desire and zeal for virtue; and that which is unintentional is not greatly to be blamed. (129) This, then, may be enough to say about the first cause; and we must now explain the second. The law thinks fit to preserve the man who, without intending it, has slain another, knowing that in his intention he was not guilty, but that with his hands he has been ministering to that justice which presides over all human affairs. For the nearest relations of the dead man are lying in wait for him in a hostile manner seeking his death, while others, out of their excessive compassion and inconsolable brief for the dead, are eager for their revenge; in their unreasoning impetuosity not regarding either the truth or the justice of nature. (130) Therefore, the law directs a man who has committed a homicide under these circumstances not to flee to the temple, inasmuch as he is not yet purified, nor yet into any place which is neglected and obscure, lest, being despised, he should be without resistance given up to his enemies; but to flee to the sacred city, which lies on the borders between the holy and profane ground, being in a manner a second temple; for the cities of those who are consecrated to the priesthood are more entitled to respect than the others, in the same proportion, I think, as the inhabitants are more venerable than the inhabitants of other cities; for the lawgiver's intention is by means of the privilege belonging to the city which has received them to give more complete security to the fugitives. (131) Moreover, I said before, he has appointed a time for their return, the death of the high priest, for the following Reason.[Nu 35:25.] As the relations of each individual who has been slain treacherously lie in wait to secure themselves revenge and justice upon those who treacherously slew him; in like manner the high priest is the relation and nearest of kin to the whole nation; inasmuch as he presides over and dispenses justice to all who dispute in accordance with the laws, and offers up prayers and sacrifices every day on behalf of the whole nation, and prays for blessings for the people as for his own brethren, and parents, and children, that every age and every portion of the nation, as if it were one body, may be united into one and the same society and union, devoted to peace and obedience to the law. (132) Therefore, let every one who has slain a man unintentionally fear him, as the champion and espouser of the cause of those who have been slain, and let him keep himself close within the city to which he has fled for refuge, no longer venturing to advance outside of the walls, if he has any regard for his own safety, and for keeping his life out of the reach of danger. (133) When, therefore, the law says, let not the fugitive return till the high priest is dead, it says something equivalent to this: Until the high priest is dead, who is the common relation of all the people, to whom alone it is committed to decide the affairs of those who are living and those who are dead.