suits

The changeable suits of apparel, and the mantles, and the wimples, and the crisping pins,

A wicked man transgressing the commandments of the Lord shall fall into suretiship: and he that undertaketh and followeth other men’s business for gain shall fall into suits.

These kept much at Joacim’s house: and all that had any suits in law came unto them.

Let not a bishop be given to filthy lucre, especially before the Gentiles, rather suffering than offering injuries; not covetous, nor rapacious; no purloiner; no admirer of the rich, nor hater of the poor; no evil-speaker, nor false witness; not given to anger; no brawler; not entangled with the affairs of this life; not a surety for any one, nor an accuser in suits about money; not ambitious; not double-minded, nor double-tongued; not ready to hearken to calumny or evil-speaking; not a dissembler; not addicted to the heathen festivals; not given to vain deceits; not eager after worldly things, nor a lover of money. For all these things are opposite to God, and pleasing to demons. Let the bishop earnestly give all these precepts in charge to the laity also, persuading them to imitate his conduct. For, says He, Make the children of Israel pious. Let him be prudent, humble, apt to admonish with the instructions of the Lord, well-disposed, one who has renounced all the wicked projects of this world, and all heathenish lusts; let hint be orderly, sharp in observing the wicked, and taking heed of them, but yet a friend to all; just, discerning; and whatsoever qualities are commendable among men, let the bishop possess them in himself. For if the pastor be unblameable as to any wickedness, he will compel his own disciples, and by his very mode of life press them to become worthy imitators of his own actions. As the prophet somewhere says, And it will be, as is the priest, so is the people; for our Lord and Teacher Jesus Christ, the Son of God, began first to do, and then to teach, as Luke somewhere says: which Jesus began to do and to teach . Wherefore he says: Whosoever shall do and teach, he shall be called great in the kingdom of God. For you bishops are to be guides and watchmen to the people, as you yourselves have Christ for your guide and watchman. You should therefore become good guides and watchmen to the people of God. For the Lord says by Ezekiel, speaking to every one of you: Son of man, I have given you for a watchman to the house of Israel; and you shall hear the word from my mouth, and shall observe, and shall declare it from me. When I say unto the wicked, You shall surely die; if you do not speak to warn the wicked from his wickedness, that wicked man shall die in his iniquity, and his blood will I require at your hand. But if you warn the wicked from his way, that he may turn from it, and he does not turn from it, he shall die in his iniquity, and you have delivered your soul. In the same manner, if the sword of war be approaching, and the people set a watchman to watch, and he see the same approach, and does not forewarn them, and the sword come and take one of them, he is taken away in his iniquity; but his blood shall be required at the watchman's hand, because he did not blow the trumpet. But if he blew the trumpet, and he who heard it would not take warning, and the sword come and take him away, his blood shall be upon him, because he heard the trumpet and took not warning. But he who took warning has delivered his soul; and the watchman, because he gave warning, shall surely live. The sword here is the judgment; the trumpet is the holy Gospel; the watchman is the bishop, who is set in the Church, who is obliged by his preaching to testify and vehemently to forewarn concerning that judgment. If you do not declare and testify this to the people, the sins of those who are ignorant of it will be found upon you. Wherefore do you warn and reprove the uninstructed with boldness, teach the ignorant, confirm those that understand, bring back those that go astray. If we repeat the very same things on the same occasions, brethren, we shall not do amiss. For by frequent hearing it is to be hoped that some will be made ashamed, and at least do some good action, and avoid some wicked one. For says God by the prophet: Testify those things to them; perhaps they will hear your voice. And again: If perhaps they will hear, if perhaps they will submit. Moses also says to the people: If hearing you will hear the Lord God, and do that which is good and right in His eyes . And again: Hear, O Israel; the Lord our God is one Lord. And our Lord is often recorded in the Gospel to have said: He that has ears to hear, let him hear. And wise Solomon says: My son, hear the instruction of your father, and reject not the laws of your mother. And, indeed, to this day men have not heard; for while they seem to have heard, they have not heard aright, as appears by their having left the one and only true God, and their being drawn into destructive and dangerous heresies, concerning which we shall speak again afterwards.

Let the bishop esteem such food and raiment sufficient as suits necessity and decency. Let him not make use of the Lord's goods as another's, but moderately; for the labourer is worthy of his reward. Let him not be luxurious in diet, or fond of idle furniture, but contented with so much alone as is necessary for his sustenance.

And Joseph sent by the hand of his brother Benjamin ten suits of garments for his ten sons, a portion above the rest of the children of the sons of Jacob.

This house was a large and curious building, and was supported by many pillars, which Solomon built to contain a multitude for hearing causes, and taking cognizance of suits. It was sufficiently capacious to contain a great body of men, who would come together to have their causes determined. It was a hundred cubits long, and fifty broad, and thirty high, supported by quadrangular pillars, which were all of cedar; but its roof was according to the Corinthian order, with folding doors, and their adjoining pillars of equal magnitude, each fluted with three cavities; which building as at once firm, and very ornamental. There was also another house so ordered, that its entire breadth was placed in the middle; it was quadrangular, and its breadth was thirty cubits, having a temple over against it, raised upon massy pillars; in which temple there was a large and very glorious room, wherein the king sat in judgment. To this was joined another house that was built for his queen. There were other smaller edifices for diet, and for sleep, after public matters were over; and these were all floored with boards of cedar. Some of these Solomon built with stones of ten cubits, and wainscoted the walls with other stones that were sawed, and were of great value, such as are dug out of the earth for the ornaments of temples, and to make fine prospects in royal palaces, and which make the mines whence they are dug famous. Now the contexture of the curious workmanship of these stones was in three rows, but the fourth row would make one admire its sculptures, whereby were represented trees, and all sorts of plants; with the shades that arose from their branches, and leaves that hung down from them. Those trees and plants covered the stone that was beneath them, and their leaves were wrought so prodigious thin and subtile, that you would think they were in motion; but the other part up to the roof, was plastered over, and, as it were, embroidered with colors and pictures. He, moreover, built other edifices for pleasure; as also very long cloisters, and those situate in an agreeable place of the palace; and among them a most glorious dining room, for feastings and compotations, and full of gold, and such other furniture as so fine a room ought to have for the conveniency of the guests, and where all the vessels were made of gold. Now it is very hard to reckon up the magnitude and the variety of the royal apartments; how many rooms there were of the largest sort, how many of a bigness inferior to those, and how many that were subterraneous and invisible; the curiosity of those that enjoyed the fresh air; and the groves for the most delightful prospect, for the avoiding the heat, and covering of their bodies. And, to say all in brief, Solomon made the whole building entirely of white stone, and cedar wood, and gold, and silver. He also adorned the roofs and walls with stones set in gold, and beautified them thereby in the same manner as he had beautified the temple of God with the like stones. He also made himself a throne of prodigious bigness, of ivory, constructed as a seat of justice, and having six steps to it; on every one of which stood, on each end of the step two lions, two other lions standing above also; but at the sitting place of the throne hands came out and received the king; and when he sat backward, he rested on half a bullock, that looked towards his back; but still all was fastened together with gold.

"Lucius Antonius, the son of Marcus, vice-quaestor, and vice-praetor, to the magistrates, senate, and people of the Sardians, sendeth greeting. Those Jews that are our fellow citizens of Rome came to me, and demonstrated that they had an assembly of their own, according to the laws of their forefathers, and this from the beginning, as also a place of their own, wherein they determined their suits and controversies with one another. Upon their petition therefore to me, that these might be lawful for them, I gave order that these their privileges be preserved, and they be permitted to do accordingly."

So Agrippa went away, when Herod had bestowed on him, and on the principal of those that were with him, many presents; but king Herod, when he had passed the winter in his own dominions, made haste to get to him again in the spring, when he knew he designed to go to a campaign at the Bosphorus. So when he had sailed by Rhodes and by Cos, he touched at Lesbos, as thinking he should have overtaken Agrippa there; but he was taken short here by a north wind, which hindered his ship from going to the shore; so he continued many days at Chius, and there he kindly treated a great many that came to him, and obliged them by giving them royal gifts. And when he saw that the portico of the city was fallen down, which as it was overthrown in the Mithridatic war, and was very large and fine building, so was it not so easy to rebuild that as it was the rest, yet did he furnish a sum not only large enough for that purpose, but what was more than sufficient to finish the building; and ordered them not to overlook that portico, but to rebuild it quickly, that so the city might recover its proper ornaments. And when the high winds were laid, he sailed to Mytilene, and thence to Byzantium; and when he heard that Agrippa was sailed beyond the Cyanean rocks, he made all the haste possible to overtake him, and came up with him about Sinope, in Pontus. He was seen sailing by the ship-men most unexpectedly, but appeared to their great joy; and many friendly salutations there were between them, insomuch that Agrippa thought he had received the greatest marks of the king's kindness and humanity towards him possible, since the king had come so long a voyage, and at a very proper season, for his assistance, and had left the government of his own dominions, and thought it more worth his while to come to him. Accordingly, Herod was all in all to Agrippa, in the management of the war, and a great assistant in civil affairs, and in giving him counsel as to particular matters. He was also a pleasant companion for him when he relaxed himself, and a joint partaker with him in all things; ill troubles because of his kindness, and in prosperity because of the respect Agrippa had for him. Now as soon as those affairs of Pontus were finished, for whose sake Agrippa was sent thither, they did not think fit to return by sea, but passed through Paphlagonia and Cappadocia; they then traveled thence over great Phrygia, and came to Ephesus, and then they sailed from Ephesus to Samos. And indeed the king bestowed a great many benefits on every city that he came to, according as they stood in need of them; for as for those that wanted either money or kind treatment, he was not wanting to them; but he supplied the former himself out of his own expenses: he also became an intercessor with Agrippa for all such as sought after his favor, and he brought things so about, that the petitioners failed in none of their suits to him, Agrippa being himself of a good disposition, and of great generosity, and ready to grant all such requests as might be advantageous to the petitioners, provided they were not to the detriment of others. The inclination of the king was of great weight also, and still excited Agrippa, who was himself ready to do good; for he made a reconciliation between the people of Ilium, at whom he was angry, and paid what money the people of Chius owed Cæsar's procurators, and discharged them of their tributes; and helped all others, according as their several necessities required.

But now, when Agrippa and Herod were in Ionia, a great multitude of Jews, who dwelt in their cities, came to them, and laying hold of the opportunity and the liberty now given them, laid before them the injuries which they suffered, while they were not permitted to use their own laws, but were compelled to prosecute their law-suits, by the ill usage of the judges, upon their holy days, and were deprived of the money they used to lay up at Jerusalem, and were forced into the army, and upon such other offices as obliged them to spend their sacred money; from which burdens they always used to be freed by the Romans, who had still permitted them to live according to their own laws. When this clamor was made, the king desired of Agrippa that he would hear their cause, and assigned Nicolaus, one of his friends, to plead for those their privileges. Accordingly, when Agrippa had called the principal of the Romans, and such of the kings and rulers as were there, to be his assessors, Nicolaus stood up, and pleaded for the Jews, as follows: "It is of necessity incumbent on such as are in distress to have recourse to those that have it in their power to free them from those injuries they lie under; and for those that now are complainants, they approach you with great assurance; for as they have formerly often obtained your favor, so far as they have even wished to have it, they now only entreat that you, who have been the donors, will take care that those favors you have already granted them may not be taken away from them. We have received these favors from you, who alone have power to grant them, but have them taken from us by such as are no greater than ourselves, and by such as we know are as much subjects as we are; and certainly, if we have been vouchsafed great favors, it is to our commendation who have obtained them, as having been found deserving of such great favors; and if those favors be but small ones, it would be barbarous for the donors not to confirm them to us. And for those that are the hinderance of the Jews, and use them reproachfully, it is evident that they affront both the receivers, while they will not allow those to be worthy men to whom their excellent rulers themselves have borne their testimony, and the donors, while they desire those favors already granted may be abrogated. Now if any one should ask these Gentiles themselves, which of the two things they would choose to part with, their lives, or the customs of their forefathers, their solemnities, their sacrifices, their festivals, which they celebrated in honor of those they suppose to be gods? I know very well that they would choose to suffer any thing whatsoever rather than a dissolution of any of the customs of their forefathers; for a great many of them have rather chosen to go to war on that account, as very solicitous not to transgress in those matters. And indeed we take an estimate of that happiness which all mankind do now enjoy by your means from this very thing, that we are allowed every one to worship as our own institutions require, and yet to live [in peace]; and although they would not be thus treated themselves, yet do they endeavor to compel others to comply with them, as if it were not as great an instance of impiety profanely to dissolve the religious solemnities of any others, as to be negligent in the observation of their own towards their gods. And let us now consider the one of these practices. Is there any people, or city, or community of men, to whom your government and the Roman power does not appear to be the greatest blessing? Is there any one that can desire to make void the favors they have granted? No one is certainly so mad; for there are no men but such as have been partakers of their favors, both public and private; and indeed those that take away what you have granted, can have no assurance but every one of their own grants made them by you may be taken from them also; which grants of yours can yet never be sufficiently valued; for if they consider the old governments under kings, together with your present government, besides the great number of benefits which this government hath bestowed on them, in order to their happiness, this is instead of all the rest, that they appear to be no longer in a state of slavery, but of freedom. Now the privileges we desire, even when we are in the best circumstances, are not such as deserve to be envied, for we are indeed in a prosperous state by your means, but this is only in common with others; and it is no more than this which we desire, to preserve our religion without any prohibition; which as it appears not in itself a privilege to be envied us, so it is for the advantage of those that grant it to us; for if the Divinity delights in being honored, it must delight in those that permit them to be honored. And there are none of our customs which are inhuman, but all tending to piety, and devoted to the preservation of justice; nor do we conceal those injunctions of ours by which we govern our lives, they being memorials of piety, and of a friendly conversation among men. And the seventh day we set apart from labor; it is dedicated to the learning of our customs and laws, we thinking it proper to reflect on them, as well as on any [good] thing else, in order to our avoiding of sin. If any one therefore examine into our observances, he will find they are good in themselves, and that they are ancient also, though some think otherwise, insomuch that those who have received them cannot easily be brought to depart from them, out of that honor they pay to the length of time they have religiously enjoyed them and observed them. Now our adversaries take these our privileges away in the way of injustice; they violently seize upon that money of ours which is owed to God, and called sacred money, and this openly, after a sacrilegious manner; and they impose tributes upon us, and bring us before tribunals on holy days, and then require other like debts of us, not because the contracts require it, and for their own advantage, but because they would put an affront on our religion, of which they are conscious as well as we, and have indulged themselves in an unjust, and to them involuntary, hatred; for your government over all is one, tending to the establishing of benevolence, and abolishing of ill-will among such as are disposed to it. This is therefore what we implore from thee, most excellent Agrippa, that we may not be ill-treated; that we may not be abused; that we may not be hindered from making use of our own customs, nor be despoiled of our goods, nor be forced by these men to do what we ourselves force nobody to do; for these privileges of ours are not only according to justice, but have formerly been granted us by you. And we are able to read to you many decrees of the senate, and the tables that contain them, which are still extant in the capitol, concerning these things, which it is evident were granted after you had experience of our fidelity towards you, which ought to be valued, though no such fidelity had been; for you have hitherto preserved what people were in possession of, not to us only, but almost to all men, and have added greater advantages than they could have hoped for, and thereby your government is become a great advantage to them. And if any one were able to enumerate the prosperity you have conferred on every nation, which they possess by your means, he could never put an end to his discourse; but that we may demonstrate that we are not unworthy of all those advantages we have obtained, it will be sufficient for us, to say nothing of other things, but to speak freely of this king who now governs us, and is now one of thy assessors; and indeed in what instance of good-will, as to your house, hath he been deficient? What mark of fidelity to it hath he omitted? What token of honor hath he not devised? What occasion for his assistance of you hath he not regarded at the very first? What hindereth; therefore, but that your kindnesses may be as numerous as his so great benefits to you have been? It may also perhaps be fit not here to pass over in silence the valor of his father Antipater, who, when Cæsar made an expedition into Egypt, assisted him with two thousand armed men, and proved inferior to none, neither in the battles on land, nor in the management of the navy; and what need I say any thing of how great weight those soldiers were at that juncture? or how many and how great presents they were vouchsafed by Cæsar? And truly I ought before now to have mentioned the epistles which Cæsar wrote to the senate; and how Antipater had honors, and the freedom of the city of Rome, bestowed upon him; for these are demonstrations both that we have received these favors by our own deserts, and do on that account petition thee for thy confirmation of them, from whom we had reason to hope for them, though they had not been given us before, both out of regard to our king's disposition towards you, and your disposition towards him. And further, we have been informed by those Jews that were there with what kindness thou camest into our country, and how thou offeredst the most perfect sacrifices to God, and honoredst him with remarkable vows, and how thou gavest the people a feast, and acceptedst of their own hospitable presents to thee. We ought to esteem all these kind entertainments made both by our nation and to our city, to a man who is the ruler and manager of so much of the public affairs, as indications of that friendship which thou hast returned to the Jewish nation, and which hath been procured them by the family of Herod. So we put thee in mind of these things in the presence of the king, now sitting by thee, and make our request for no more but this, that what you have given us yourselves you will not see taken away by others from us."

Now when Archelaus had sent in his papers to Cæsar, wherein he pleaded his right to the kingdom, and his father's testament, with the accounts of Herod's money, and with Ptolemy, who brought Herod's seal, he so expected the event; but when Cæsar had read these papers, and Varus's and Sabinus's letters, with the accounts of the money, and what were the annual incomes of the kingdom, and understood that Antipas had also sent letters to lay claim to the kingdom, he summoned his friends together, to know their opinions, and with them Caius, the son of Agrippa, and of Julia his daughter, whom he had adopted, and took him, and made him sit first of all, and desired such as pleased to speak their minds about the affairs now before them. Now Antipater, Salome's son, a very subtle orator, and a bitter enemy to Archelaus, spake first to this purpose: That it was ridiculous in Archelaus to plead now to have the kingdom given him, since he had, in reality, taken already the power over it to himself, before Cæsar had granted it to him; and appealed to those bold actions of his, in destroying so many at the Jewish festival; and if the men had acted unjustly, it was but fit the punishing of them should have been reserved to those that were out of the country, but had the power to punish them, and not been executed by a man that, if he pretended to be a king, he did an injury to Cæsar, by usurping that authority before it was determined for him by Cæsar; but if he owned himself to be a private person, his case was much worse, since he who was putting in for the kingdom could by no means expect to have that power granted him, of which he had already deprived Cæsar [by taking it to himself]. He also touched sharply upon him, and appealed to his changing the commanders in the army, and his sitting in the royal throne beforehand, and his determination of law-suits; all done as if he were no other than a king. He appealed also to his concessions to those that petitioned him on a public account, and indeed doing such things, than which he could devise no greater if he had been already settled in the kingdom by Cæsar. He also ascribed to him the releasing of the prisoners that were in the hippodrome, and many other things, that either had been certainly done by him, or were believed to be done, and easily might be believed to have been done, because they were of such a nature as to be usually done by young men, and by such as, out of a desire of ruling, seize upon the government too soon. He also charged him with his neglect of the funeral mourning for his father, and with having merry meetings the very night in which he died; and that it was thence the multitude took the handle of raising a tumult: and if Archelaus could thus requite his dead father, who had bestowed such benefits upon him, and bequeathed such great things to him, by pretending to shed tears for him in the day time, like an actor on the stage, but every night making mirth for having gotten the government, he would appear to be the same Archelaus with regard to Cæsar, if he granted him the kingdom, which he hath been to his father; since he had then dancing and singing, as though an enemy of his were fallen, and not as though a man were carried to his funeral, that was so nearly related, and had been so great a benefactor to him. But he said that the greatest crime of all was this, that he came now before Cæsar to obtain the government by his grant, while he had before acted in all things as he could have acted if Cæsar himself, who ruled all, had fixed him firmly in the government. And what he most aggravated in his pleading was the slaughter of those about the temple, and the impiety of it, as done at the festival; and how they were slain like sacrifices themselves, some of whom were foreigners, and others of their own country, till the temple was full of dead bodies: and all this was done, not by an alien, but by one who pretended to the lawful title of a king, that he might complete the wicked tyranny which his nature prompted him to, and which is hated by all men. On which account his father never so much as dreamed of making him his successor in the kingdom, when he was of a sound mind, because he knew his disposition; and in his former and more authentic testament, he appointed his antagonist Antipas to succeed; but that Archelaus was called by his father to that dignity when he was in a dying condition, both of body and mind; while Antipas was called when he was ripest in his judgment, and of such strength of body as made him capable of managing his own affairs: and if his father had the like notion of him formerly that he hath now showed, yet hath he given a sufficient specimen what a king he is likely to be, when he hath [in effect] deprived Cæsar of that power of disposing of the kingdom, which he justly hath, and hath not abstained from making a terrible slaughter of his fellow citizens in the temple, while he was but a private person.

However, I may justly blame the learned men among the Greeks, who, when such great actions have been done in their own times, which, upon the comparison, quite eclipse the old wars, do yet sit as judges of those affairs, and pass bitter censures upon the labors of the best writers of antiquity; which moderns, although they may be superior to the old writers in eloquence, yet are they inferior to them in the execution of what they intended to do. While these also write new histories about the Assyrians and Medes, as if the ancient writers had not described their affairs as they ought to have done; although these be as far inferior to them in abilities as they are different in their notions from them. For of old every one took upon them to write what happened in his own time; where their immediate concern in the actions made their promises of value; and where it must be reproachful to write lies, when they must be known by the readers to be such. But then, an undertaking to preserve the memory Of what hath not been before recorded, and to represent the affairs of one's own time to those that come afterwards, is really worthy of praise and commendation. Now he is to be esteemed to have taken good pains in earnest, not who does no more than change the disposition and order of other men's works, but he who not only relates what had not been related before, but composes an entire body of history of his own: accordingly, I have been at great charges, and have taken very great pains [about this history], though I be a foreigner; and do dedicate this work, as a memorial of great actions, both to the Greeks and to the Barbarians. But for some of our own principal men, their mouths are wide open, and their tongues loosed presently, for gain and law-suits, but quite muzzled up when they are to write history, where they must speak truth and gather facts together with a great deal of pains; and so they leave the writing such histories to weaker people, and to such as are not acquainted with the actions of princes. Yet shall the real truth of historical facts be preferred by us, how much soever it be neglected among the Greek historians.

When Josephus heard him give those orders, he said that he had somewhat in his mind that he would willingly say to himself alone. When therefore they were all ordered to withdraw, excepting Titus and two of their friends, he said, "Thou, O Vespasian, thinkest no more than that thou hast taken Josephus himself captive; but I come to thee as a messenger of greater tidings; for had not I been sent by God to thee, I knew what was the law of the Jews in this case? and how it becomes generals to die. Dost thou send me to Nero? For why? Are Nero's successors till they come to thee still alive? Thou, O Vespasian, art Caesar and emperor, thou, and this thy son. Bind me now still faster, and keep me for thyself, for thou, O Caesar, are not only lord over me, but over the land and the sea, and all mankind; and certainly I deserve to be kept in closer custody than I now am in, in order to be punished, if I rashly affirm any thing of God." When he had said this, Vespasian at present did not believe him, but supposed that Josephus said this as a cunning trick, in order to his own preservation; but in a little time he was convinced, and believed what he said to be true, God himself erecting his expectations, so as to think of obtaining the empire, and by other signs fore-showing his advancement. He also found Josephus to have spoken truth on other occasions; for one of those friends that were present at that secret conference said to Josephus, "I cannot but wonder how thou couldst not foretell to the people of Jotapata that they should be taken, nor couldst foretell this captivity which hath happened to thyself, unless what thou now sayest be a vain thing, in order to avoid the rage that is risen against thyself." To which Josephus replied, "I did foretell to the people of Jotapata that they would be taken on the forty-seventh day, and that I should be caught alive by the Romans." Now when Vespasian had inquired of the captives privately about these predictions, he found them to be true, and then he began to believe those that concerned himself. Yet did he not set Josephus at liberty from his hands, but bestowed on him suits of clothes, and other precious gifts; he treated him also in a very obliging manner, and continued so to do, Titus still joining his interest in the honors that were done him.

But let us take from the Gospels also the similitudes of those things which we have mentioned, in which is described a certain rock, having on it a little superficial earth, on which, when a seed falls, it is said quickly to spring up; but when sprung up, it withers as the sun ascends in the heavens, and dies away, because it did not cast its root deeply into the ground. Now this rock undoubtedly represents the human soul, hardened on account of its own negligence, and converted into stone because of its wickedness. For God gave no one a stony heart by a creative act; but each individual’s heart is said to become stony through his own wickedness and disobedience. As, therefore, if one were to blame a husbandman for not casting his seed more quickly upon rocky ground, because seed cast upon other rocky soil was seen to spring up speedily, the husbandman would certainly say in reply: “I sow this soil more slowly, for this reason, that it may retain the seed which it has received; for it suits this ground to be sown somewhat slowly, lest perhaps the crop, having sprouted too rapidly, and coming forth from the mere surface of a shallow soil, should be unable to withstand the rays of the sun.” Would not he who formerly found fault acquiesce in the reasons and superior knowledge of the husbandman, and approve as done on rational grounds what formerly appeared to him as founded on no reason? And in the same way, God, the thoroughly skilled husbandman of all His creation, undoubtedly conceals and delays to another time those things which we think ought to have obtained health sooner, in order that not the outside of things, rather than the inside, may be cured. But if any one now were to object to us that certain seeds do even fall upon rocky ground, i.e. on a hard and stony heart, we should answer that even this does not happen without the arrangement of Divine Providence; inasmuch as, but for this, it would not be known what condemnation was incurred by rashness in hearing and indifference in investigation, nor, certainly, what benefit was derived from being trained in an orderly manner. And hence it happens that the soul comes to know its defects, and to cast the blame upon itself, and, consistently with this, to reserve and submit itself to training, i.e. in order that it may see that its faults must first be removed, and that then it must come to receive the instruction of wisdom. As, therefore, souls are innumerable, so also are their manners, and purposes, and movements, and appetencies, and incitements different, the variety of which can by no means be grasped by the human mind; and therefore to God alone must be left the art, and the knowledge, and the power of an arrangement of this kind, as He alone can know both the remedies for each individual soul, and measure out the time of its cure. It is He alone then who, as we said, recognises the ways of individual men, and determines by what way He ought to lead Pharaoh, that through him His name might be named in all the earth, having previously chastised him by many blows, and finally drowning him in the sea. By this drowning, however, it is not to be supposed that God’s providence as regards Pharaoh was terminated; for we must not imagine, because he was drowned, that therefore he had forthwith completely perished: “for in the hand of God are both we and our words; all wisdom, also, and knowledge of workmanship,” as Scripture declares. But these points we have discussed according to our ability, treating of that chapter of Scripture in which it is said that God hardened the heart of Pharaoh, and agreeably to the statement, “He hath mercy on whom He will have mercy, and whom He will He hardeneth.”

Assessment [of injury] in money or things worth money must be made before a court of law and by witnesses that are free and Children of the Covenant (Jews). Women may be parties in [suits concerning] injury. The injured and the injurer [in certain cases may share] in the compensation.

Just as in the case of two witnesses, if one of them was found to be a relative or [otherwise] disqualified, their whole evidence is rendered void, so it is with three, if one of them was found to be a relative or [otherwise] disqualified, the whole evidence is void. How do we know that this is the case even with a hundred? The Torah states “witnesses”. Rabbi Yose said: “When is this true? With regards to capital cases; but in monetary suits, the evidence may be established by the rest. Rabbi says: “It is one and the same rule, be it in monetary suits or capital cases.” This is the rule when both [disqualified] witnesses warned the transgressor, but when they did not warn him, what could two brothers do that saw someone killing a person?

Just as in the case of two witnesses, if one of them was found to be a relative or [otherwise] disqualified, their whole evidence is rendered void, so it is with three, if one of them was found to be a relative or [otherwise] disqualified, the whole evidence is void. How do we know that this is the case even with a hundred? The Torah states “witnesses”. Rabbi Yose said: “When is this true? With regards to capital cases; but in monetary suits, the evidence may be established by the rest. Rabbi says: “It is one and the same rule, be it in monetary suits or capital cases.” This is the rule when both [disqualified] witnesses warned the transgressor, but when they did not warn him, what could two brothers do that saw someone killing a person?

Anyone who is fit to try capital cases is also fit to try monetary cases. But there are those who are fit to try monetary suits and and unfit to try capital cases. Anyone who is eligible to act as judge is eligible to serve as a witness. But there may be one who is eligible to act as witness and not as judge.

It is stated: A Cohen may defile himself by leaving the Land for civil and criminal suits, for the consecration of the New Moon and intercalation of a year, to save a field from a Gentile, and he even may leave and lodge a complaint about it, to study Torah and to marry a wife. Rebbi Judah says, if he has a place to study, he should not defile himself. Rebbi Yose says, even if he has a place to study, he may defile himself, since a man may not have the luck to learn from every teacher. They said about Joseph the Cohen that he defiled himself and followed his teacher to Sidon. In truth, they said a priest should not go abroad unless one promised him a wife.

“One repairs the roads, and the streets, and water pools, and one looks after all public needs.” “ The following are the public needs: One judges civil suits, and capital crimes, and cases of flogging, and one redeems valuations, and bans, and dedications, one lets the suspected adulteress drink, and burns the Cow, and one breaks the neck of the calf whose neck was to be broken, and one pierces the ear of a Hebrew slave, and one purifies the sufferer from skin disease, and removes the shoe from the block but one may not return it.”

“And one looks after all public needs.” “The following are the public needs: One judges civil suits, and capital crimes, and cases of flogging, and one redeems kidnap victims, and valuations, and bans, and dedications, and one lets the suspected adulteress drink, and burns the Cow, and one breaks the neck of the calf whose neck was to be broken, and one pierces the ear of a Hebrew slave, and one purifies the sufferer from skin disease, and removes the shoe from the block but one may not return it.”

It is stated: A Cohen may defile himself by leaving the Land for civil and criminal suits, for the consecration of the New Moon and intercalation of a year, to redeem a field from a Gentile, to study Torah, and to marry a wife. Rebbi Judah says, if he has a place to study, he should not defile himself. Rebbi Yose says, even if he has a place to study, he may defile himself, since a man may not have the luck to learn from every teacher. They said about Joseph the Cohen that he followed his teacher and defiled himself following his teacher to Sidon. In truth, they said a priest should not go abroad unless one promised him a wife.

Rebbi Abbahu asked. According to Rebbi, should not civil suits be heard by five; should sentence not be passed by 23? It was found stated by (Rebbi) Ḥizqiah: Since the Torah said, kill by a vote of the majority, kill by the testimony of witnesses. Since witnesses must be two, a majority also must be two. No court can be even-numbered; one adds another one. This makes five.

HALAKHAH: “The High Priest judges and one judges him,” etc. One understands that he judges. Why does one judge him? Can he not appoint a plenipotentiary? Think of it, if an oath should be imposed on him, may a plenipotentiary take the oath? His monetary suits are heard by how many? By 23, as we understand from the following: “The king may not sit in the Synhedrion, neither king nor High Priest may participate in intercalations.” Rebbi Ḥanina and Rabbi Mana, one said the king does not sit in the Synhedrion because of suspicion; he cannot participate in intercalations because of suspicion. Neither king nor High Priest may participate in intercalations since it is not to the king’s honor to sit with seven, so much less with three. This implies that his monetary suits are heard by 23.

HALAKHAH: “The High Priest judges and one judges him,” etc. One understands that he judges. Why does one judge him? Can he not appoint a plenipotentiary? Think of it, if an oath should be imposed on him, may a plenipotentiary take the oath? His monetary suits are heard by how many? By 23, as we understand from the following: “The king may not sit in the Synhedrion, neither king nor High Priest may participate in intercalations.” Rebbi Ḥanina and Rabbi Mana, one said the king does not sit in the Synhedrion because of suspicion; he cannot participate in intercalations because of suspicion. Neither king nor High Priest may participate in intercalations since it is not to the king’s honor to sit with seven, so much less with three. This implies that his monetary suits are heard by 23.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

MISHNAH: Both civil suits and criminal suits require cross-examination and investigation, as it is said: One set of rules shall be for you. What is the difference between civil suits and criminal suits? Civil suits are tried before three judges, criminal suits before 23. In civil suits one starts with arguments either for acquittal or conviction; in criminal courts one starts with arguments for acquittal but not for conviction.

HALAKHAH: “Both civil suits,” etc. Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Rebbi Ḥiyya bar Abba asked before Rebbi Yasa: What does one do in practice? He answered, following Rebbi Joḥanan, as Rebbi Joḥanan said, to protect Israel’s money they said, “tell why you know that this person owes the other.” Ze‘ir bar Ḥinena in the name of Rebbi Ḥanina and Rav Jehudah, one said: You shall cross-examine, investigate, and inquire well. The other said, equity, equity you shall pursue. How is that? If you see that the verdict will be the truth, investigate it; otherwise, act in equity.

MISHNAH: Civil suits are decided by one witness whether for credit or debit; criminal suits are decided by one witness for acquittal and two for conviction.

MISHNAH: Civil suits are decided by one witness whether for credit or debit; criminal suits are decided by one witness for acquittal and two for conviction.

HALAKHAH: “Civil suits are decided,” etc. Rebbi Yannai said, if the Torah had been given decided, no foot could stand. What is the reason? The Eternal spoke to Moses. He said before Him: Master of the Universe, inform me what is the practice. He told him, to bend after the majority. If there was a majority for acquitting, they acquitted; if there was a majority for convicting, they convicted; so that the Torah could be explained in 49 ways impure and 49 ways pure, the numerical value of ודגלו. And so it says: the commands of the Eternal are pure sayings; molten silver in an earthenware crucible, refined sevenfold. And it says, the straightforward love You.

MISHNAH: Civil suits can be retried both for credit and for debit. Criminal suits can be retried for acquittal but not for conviction.

MISHNAH: Civil suits can be retried both for credit and for debit. Criminal suits can be retried for acquittal but not for conviction.

HALAKHAH: “Civil suits can be retried both for credit and for debit,” etc. If he left the court being acquitted, and they found reasons for conviction, could I understand that one returned him? The verse says, do not slay the acquitted. If he left the court being convicted, and they found reasons for acquittal, could I understand that one should not return him? The verse says, but do not slay the innocent. I could think that if he is acquitted in your court, he is acquitted in My court; the verse says, I shall not acquit the wicked. Rebbi Isaac said, Rebbi Yose told me: There is no difference; if the acquittal was in error, one retries him.

“In civil suits, anybody may argue for credit or debit,” etc. Rebbi Immi asked before Rebbi Joḥanan: Even an adulterer and an adulteress? He told him, your patch came off.

MISHNAH: In civil suits, anybody may argue for credit or debit. In criminal suits, anybody may argue for acquittal but not everybody may argue for conviction. In civil suits, one who argued for credit may argue for debit and one who argued for debit may argue for credit; but in criminal suits one who argued for conviction may argue for acquittal but one who argued for acquittal is barred from arguing for conviction.

MISHNAH: In civil suits, anybody may argue for credit or debit. In criminal suits, anybody may argue for acquittal but not everybody may argue for conviction. In civil suits, one who argued for credit may argue for debit and one who argued for debit may argue for credit; but in criminal suits one who argued for conviction may argue for acquittal but one who argued for acquittal is barred from arguing for conviction.

MISHNAH: In civil suits, anybody may argue for credit or debit. In criminal suits, anybody may argue for acquittal but not everybody may argue for conviction. In civil suits, one who argued for credit may argue for debit and one who argued for debit may argue for credit; but in criminal suits one who argued for conviction may argue for acquittal but one who argued for acquittal is barred from arguing for conviction.

MISHNAH: In civil suits, anybody may argue for credit or debit. In criminal suits, anybody may argue for acquittal but not everybody may argue for conviction. In civil suits, one who argued for credit may argue for debit and one who argued for debit may argue for credit; but in criminal suits one who argued for conviction may argue for acquittal but one who argued for acquittal is barred from arguing for conviction.

HALAKHAH: “In civil suits, one who argued for credit,” etc. Rebbi said, if they only miss saying, Mr. X, you are acquitted, or you are convicted; it does not apply to the discussion. Rebbi Yose ben Ḥanina said, it also applies to the discussion.

MISHNAH: Civil suits are tried during the day and may be decided in the night but criminal suits are tried during the day and decided during daytime.

MISHNAH: Civil suits are tried during the day and may be decided in the night but criminal suits are tried during the day and decided during daytime.

HALAKHAH: “Civil suits are tried during the day,” etc. From where this? They judged the people at all times. But this is a verse about what happened! Rav Samuel ben Rav Isaac said: so is the baraita: If they erred and judged in the night, their judgment stands, as the verse said: they shall judge the people at all times. He said, that is a statement.

MISHNAH: Civil suits are decided on the same day, whether for credit or debit. But criminal suits are decided the same day for acquittal, the next day for conviction. Therefore one does not judge on Sabbath eve or holiday eve.

MISHNAH: Civil suits are decided on the same day, whether for credit or debit. But criminal suits are decided the same day for acquittal, the next day for conviction. Therefore one does not judge on Sabbath eve or holiday eve.

HALAKHAH: “Civil suits are decided on the same day,” etc. It was stated: A witness may not argue either for acquittal or conviction. From where this? A witness shall not argue about anybody on trial for his life. And from where that he himself may not argue either for acquittal or conviction? The verse says, one shall not argue about anybody on trial for his life. Rebbi Simeon ben Laqish said, sometimes a person sees himself set up by perjured witnesses and he speaks much lest he be put to death.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

“The Synhedrion was like a semicircular threshing floor,” etc. It is written: Do not bend your destitute’s proceeding in his trial. In his trial you do not bend; you may bend in the ox’s trial. Rebbi Abbahu in the name of Rebbi Joḥanan: But only in those rules which are different for civil and criminal suits. How many are these? We have stated nine; Rebbi Ḥiyya stated eleven. Which rules are the last two? The castrate and one who never had children is qualified to judge civil suits but not criminal suits. Rebbi Abbahu in the name of Rebbi Joḥanan: Also one who is less than twenty years of age or who does not have two pubic hairs is qualified to judge civil suits but not criminal suits. Rebbi Yose ben Ḥanina said thirteen. Which rules are the last two? One judges two civil suits on one day but one does not try two criminal suits on one day. Rebbi Abin said, even adulterer and adulteress.

In civil suits one declares the judgment as definitive [but in criminal suits one does not declare the judgment as definitive.] The greatest among the judges declares the judgment as definitive .

In civil suits one declares the judgment as definitive [but in criminal suits one does not declare the judgment as definitive.] The greatest among the judges declares the judgment as definitive .

"So the forcing of wrath bringeth forth strife" — a disciple with whom his master is the first and second time angry but he remains silent [under the rebuke] is worthy to distinguish between suits involving money and suits involving life. For there is a Mishnaic teaching: R. Ishmael says : Who wishes to grow wise should study money-suits, for there is no branch of Torah more [complex] than these ; they are like a well.

"So the forcing of wrath bringeth forth strife" — a disciple with whom his master is the first and second time angry but he remains silent [under the rebuke] is worthy to distinguish between suits involving money and suits involving life. For there is a Mishnaic teaching: R. Ishmael says : Who wishes to grow wise should study money-suits, for there is no branch of Torah more [complex] than these ; they are like a well.

"So the forcing of wrath bringeth forth strife" — a disciple with whom his master is the first and second time angry but he remains silent [under the rebuke] is worthy to distinguish between suits involving money and suits involving life. For there is a Mishnaic teaching: R. Ishmael says : Who wishes to grow wise should study money-suits, for there is no branch of Torah more [complex] than these ; they are like a well.