第41章

Protagoras also, who was thought to have written somewhat that was not owned for truth by the Athenians about the gods, had been seized upon, and put to death, if he had not fled away immediately. Nor need we at all wonder that they thus treated such considerable men, when they did not spare even women also; for they very lately slew a certain priestess, because she was accused by somebody that she initiated people into the worship of strange gods, it having been forbidden so to do by one of their laws; and a capital punishment had been decreed to such as introduced a strange god; it being manifest, that they who make use of such a law do not believe those of other nations to be really gods, otherwise they had not envied themselves the advantage of more gods than they already had. And this was the happy administration of the affairs of the Athenians! Now as to the Scythians, they take a pleasure in killing men, and differ but little from brute beasts; yet do they think it reasonable to have their institutions observed. They also slew Anacharsis, a person greatly admired for his wisdom among the Greeks, when he returned to them, because he appeared to come fraught with Grecian customs. One may also find many to have been punished among the Persians, on the very same account. And to be sure Apollonius was greatly pleased with the laws of the Persians, and was an admirer of them, because the Greeks enjoyed the advantage of their courage, and had the very same opinion about the gods which they had. This last was exemplified in the temples which they burnt, and their courage in coming, and almost entirely enslaving the Grecians. However, Apollonius has imitated all the Persian institutions, and that by his offering violence to other men's wives, and gelding his own sons. Now, with us, it is a capital crime, if any one does thus abuse even a brute beast; and as for us, neither hath the fear of our governors, nor a desire of following what other nations have in so great esteem, been able to withdraw us from our own laws; nor have we exerted our courage in raising up wars to increase our wealth, but only for the observation of our laws; and when we with patience bear other losses, yet when any persons would compel us to break our laws, then it is that we choose to go to war, though it be beyond our ability to pursue it, and bear the greatest calamities to the last with much fortitude. And, indeed, what reason can there be why we should desire to imitate the laws of other nations, while we see they are not observed by their own legislators (27)And why do not the Lacedemonians think of abolishing that form of their government which suffers them not to associate with any others, as well as their contempt of matrimony? And why do not the Eleans and Thebans abolish that unnatural and impudent lust, which makes them lie with males? For they will not show a sufficient sign of their repentance of what they of old thought to be very excellent, and very advantageous in their practices, unless they entirely avoid all such actions for the time to come: nay, such things are inserted into the body of their laws, and had once such a power among the Greeks, that they ascribed these sodomitical practices to the gods themselves, as a part of their good character; and indeed it was according to the same manner that the gods married their own sisters. This the Greeks contrived as an apology for their own absurd and unnatural pleasures.

39. I omit to speak concerning punishments, and how many ways of escaping them the greatest part of the legislators have afforded malefactors, by ordaining that, for adulteries, fines in money should be allowed, and for corrupting (28)[virgins] they need only marry them as also what excuses they may have in denying the facts, if any one attempts to inquire into them; for amongst most other nations it is a studied art how men may transgress their laws; but no such thing is permitted amongst us; for though we be deprived of our wealth, of our cities, or of the other advantages we have, our law continues immortal; nor can any Jew go so far from his own country, nor be so aftrighted at the severest lord, as not to be more aftrighted at the law than at him. If, therefore, this be the disposition we are under, with regard to the excellency of our laws, let our enemies make us this concession, that our laws are most excellent; and if still they imagine, that though we so firmly adhere to them, yet are they bad laws notwithstanding, what penalties then do they deserve to undergo who do not observe their own laws, which they esteem so far superior to them? Whereas, therefore, length of time is esteemed to be the truest touchstone in all cases, I would make that a testimonial of the excellency of our laws, and of that belief thereby delivered to us concerning God. For as there hath been a very long time for this comparison, if any one will but compare its duration with the duration of the laws made by other legislators, he will find our legislator to have been the ancientest of them all.