The Court of the Gentiles, Discourse · Part 1 · Book 3 · Chapter 9
CHAP. IX. Pagan Laws imitations of Jewiſh.
Deut. 4.5,6. Jewiſh Laws the fountain of Pagan, as Plato, Diodorus &c. The Grecian Laws traduced from the Moſaick. Plato of the Grecian Legiſlators. Minos's Cretian Laws originally from the Jews. Lycurgus and Solon received their Laws originally from the Jews. Plato's Laws of Jewiſh origine. His College from the Jewiſh Sanedrim. So likewiſe his ordering of Prieſts, Excommunications &c. Roman Laws derived from the Iews. Numa Pompilius, Pythagoras, and Zaleucus received their Inſtitutes from the Moſaick.
§. 1. Pagan Laws from Jewiſh.HAving gone through many ancient pieces of Mythologie, and pagan ſtories; and demonſtrated their Traduction from ſacred Hiſtorie, we now proceed to a fifth piece of Philologie, which regards Human Laws; which, we doubt not, but to demonſtrate, had their original in derivation from, and imitation of Divine Laws, communicated to the Jewiſh Church. This may be firſt demonſtrated from that great Prophetick Oracle or Prediction, laid down by the ſpirit of God, Deut. 4.5,6.Deut. 4.5,6. Behold I have taught you ſtatutes and judgments, even as the Lord my God commandeth me — keep therefore, and do them; for this is your wiſdom, and your underſtanding in the ſight of the Nations, which ſhall hear all theſe ſtatutes, and ſay, Surely this great Nation is a wiſe and underſtanding people. As if he had ſaid, theſe Statutes and judgments, which I have imparted to you, as the mouth of God, the great Legiſlator, carry ſo much of equitie and wiſdom in them, that the very blind Heathens, upon notices given of them, ſhall greatly admire, and readily embrace them, as being the moſt exact Idea and platforme for the government of their civil Policies and Societies.
§. 2. That pagan Laws were derived from the Divine ſtatutes impoſed on the Jewiſh Nation, may be demonſtrated from the very confeſſions of pagan Legiſlators themſelves. Plato de Legibus lib. 4. confeſſeth, that all Laws came from God, and that no mortal man was the founder of Laws. His words are, foreign &c. No mortal man ought to inſtitute any Law, i.e. without conſulting ſome Divine Oracle. Whence all the firſt Legiſlators, Minos, Licurgus, Numa, Zaleucus &c. pretended, they received their Laws from the Gods Apollo, Minerva, &c. though indeed they were but broken Traditions of thoſe Inſtitutes, which were impoſed on the Jewiſh Church by the God of Iſrael. This is well obſerved by Owen, (Theol. lib. 4. cap. 4 pag. 332.) The wiſer of the Heathens knew full well, that all Right and Power derived its origine from God himſelf. For whereas all power is foreign, ſeated in God, they moſt rightly ſuppoſed, that none could be duely partaker thereof but by him; and thence they judged it moſt equal, that all Laws impoſed on the ſocietie of the people, ſhould flow from his Divine inſtitution. This Truth they either ſaw or heard to be conſigned in the Moſaick foreign, Legiſlation. Hence the moſt famous Legiſlators amongſt the Gentiles, Zaleucus, Lycurgus, Minos, and Numa feigned, that they received thoſe Laws, whereby they intended to oblige the people, from I know not what Gods; viz. Numa pretended he had his Laws from the Nymph Aegeria, in the Arecine Grove; Minos from Jupiter, in the Cretenſian Den; Lycurgus from Apollo, at Delphus; Zaleucus from Minerva. Neither indeed do theſe figments owe their original to any other, than ſome common fame, or Tradition of this Iſraelitick Legiſlator.
§. 3 Yea it ſeems very evident, and that from the confeſſion of pagan writers themſelves, as well as from Jews and Chriſtians, That the Moſaick inſtitutes or Laws were of all, moſt ancient, and the fountain of the choiceſt Pagan Conſtitutions, or Laws. Thus Diodorus Siculus Biblioth. lib. 1. According to that ancient inſtitution of Life, which was in Egypt, under the Gods and Heroes in thoſe fabulous times, it is ſaid, that Moſes was the firſt, who perſuaded the people to uſe written Laws, and to live thereby, foreign, Moſes, a man commemorated to have been of a great ſoul, and well ordered life. Thus Diodorus; whereof we have this explication given us by Mariana the Jeſuite, in his preface to Geneſis. Moſes, after the invention of Letters, was the firſt of all that perſuaded the people to uſe written Laws: which is produced by Cyril out of Diodorus, lib. 1. contra Julian. There was in Egypt, amongſt the Jews, a certain man of great mind and life, called Moſes, who firſt perſuaded the people to uſe Laws. Thus alſo Owen, Theolog. lib 4. cap. 4. There is none (ſaies he) who hath taught, that there were amongſt mankind any written Laws more ancient than the Moſaick. Neither is it confirmed by any authentick Teſtimonie, that there were any ſtated laws, although unwritten (beſides the dictates of right reaſon) conſtituted by the people for their government, before the Moſaick Age. But that the fame of the Moſaick Legiſlation ſhould ſpread it ſelf far and near, was foretold by the ſpirit of God, Deut. 4.5,6. viz. the Nations hearing of this Legation, ſhould condemne themſelves of follie &c. For the moſt ancient of the Greeks do acknowledge, that Moſes was the firſt of all Legiſlators. So Diodorus Bib. lib. 1.
§. 4. But to demonſtrate more fully the Traduction of Pagan Laws from Divine Moſaick inſtitutions, we ſhall examine the moſt ancient Legislators, and Laws, among the Grecians and Romans, with endeavors to evince their cognation with, and derivation from Jewiſh inſtitutors and Inſtitutes. Grecian Legiſlators received their Laws originally from the Moſaick.We ſhall begin with the Grecian Legiſlators, (who, as tis generally confeſſed, were more ancient than the Romans,) and endeavor to demonſtrate the Traduction of their Laws from Moſes's Inſtitutes. This is fully aſſerted by Grotius, de veritat. Relig. Chriſt. pag. 17. Adde hereto (ſaies he) the undoubted Antiquitie of Moſes's writings: an argument whereof is this, that the moſt ancient Attick Laws, whence in after times the Roman were derived, owe their original to Moſes's Laws. Thus likewiſe Cunaeus de Repub. Hebr. Pag. 2. Truely the Grecians, whileſt they ambitiouſly impute their benefits to all Nations, they place their giving Laws amongſt the chiefeſt. For they mention their Lycurgus's, Draco's, Solon's, Zaleucus's, or if there be any names more ancient. But all this gloriation is vain: for this aerial Nation is ſilenced by the Jew Flavius Joſephus; whoſe Apologie (learned to a miracle) againſt Apion, that enemie to the Jews, is extant. — Flavius ſhews there, that the Greek Legiſlators, if compared with Moſes, are of the loweſt Antiquitie, and ſeem to have been born but yeſterday, or t'other day &c. So far Cunaeus. I find the ſame in Mariana his preface to Geneſis. Moſes (ſaies he) was not onelyonly the moſt ancient of Poets, but alſo the firſt of all Lawgivers: which Joſephus lib. 2. contra Apion. evinceth from the very name of Law, which was altogether unknown to the Ancients; yea ſo, that the word is not to be found in Homer's books &c.
§. 5. I find no where a better account of the Grecian Legiſlators, than in Plato his Minos, fol. 381. where, giving us an account of the firſt Inſtitutors of all their Laws, he mentions three as moſt famous; namely Minos, Licurgus, and Solon: Minos.but the chiefeſt of theſe he makes to be Minos, who brought Laws out of Crete into Greece. His words are foreign. But the beſt of theſe Laws, whence came they, thinkeſt thou? Minos. They ſay from Crete. Serranus on this Text comments thus. Plato will have Lycurgus, and the Grecian Lawgivers derive their Laws from Crete, by means of Minos their Conductor and Guide. But the Cretians drew their Laws from the Jews: for many of the Jews lived and had commerce with the Cretians, as tis moſt probable. Thus Serranus. Lycurgus.As Minos, ſo Lycurgus alſo, that great Lacedemonian Legiſlator, travelled into Crete, there to acquaint himſelf with Jewiſh and Moſaick Inſtitutes, ſeems evident by what is mentioned of him by Plutarch, in the beginning of his life; where he relates, that Lycurgus travelled into Crete, there to informe himſelf touching ancient Laws &c. Now that the Cretians received their Laws from the Jews, may be farther evident from that great commerce and correſpondence which was between them, by reaſon of their vicinitie, and the Phenicians navigation unto Crete &c. Farther, that Solon, the great Athenian Lawgiver, derived the chiefeſt of his Laws from the Moſaick Inſtitutes, ſeems very probable hence, Solon.becauſe (as we have before proved out of Plato's Timaeus, fol. 22. chap. 6. §. 1.) Solon travelled to Egypt, on purpoſe to informe himſelfe touching the wiſdom of the Ancients, i.e. the Jews &c. More concerning Solon's being in Egypt &c. ſee Voſſius de Philoſophor: ſectis cap. 2. §. 3. Yea Carion, in his Chronicon lib. 2. of Solon, ſaies expreſly, that Solon did ſo wiſely diſtinguiſh forenſick Actions, that their order anſwers almoſt exactly to the Decalogue. And that the Attick laws were in their firſt inſtitution exactly parallel to, and therefore imitations of the Moſaick Inſtitutes, I ſuppoſe will appear very evident to any, that ſhall take a full view of Attick Laws, as laid down by Petit, in his learned book de legibus Atticis. I ſhall onelyonly mention that law of the Areopagites, againſt caſual man ſlaughter, by puniſhing the offender foreign, with an years baniſhment, parallel to the Jewiſh citie of Refuge, as Maſius in Ioſh. 20.
§. 6. That Plato derived the original Idea of his Politick Conſtitutions and Laws from Moſes's Inſtitutes, I conceive may be evidently demonſtrated from their cognation each to other. Plato's College from the Jewiſh Sanedrim.1. Plato's inſtitution of his ſacred College, foreign, ſuch as were to be Conſervators of his Laws, has a very great cognation with, and therefore ſeems to be but an imitation of the Iewiſh Sanedrim. This College we find inſtituted by Plato, de Leg. 12. fol. 951. foreign. Then he ordains, that there ſhould be preſent in this College, in the firſt place, ſome of the Prieſts, foreign, ſuch as excelled in virtue, and the faithful diſcharge of their Office. Thence he addes of the Conſervators of the Laws, ſuch as excel in virtue and age, ten. Laſtly he concludes with a Curator, or Proviſt of the whole Diſcipline &c. This College he termes foreign, the Night-Colledge, which conſiſted of the chiefeſt of the Prieſts, the Elders of the people, and the chief magiſtrate; exactly parallel to the great Sanedrim of the Jews, conſiſting of the chief Prieſts, the Elders of the people, and the chief magiſtrate. Whereunto alſo the Roman Senate ſeems to anſwer, which conſiſted of Prieſts, and Conſuls, as Grotius de Imp. ſum: circa ſacra, pag. 388.
Plato's Law for the ordering of Prieſts.2. Again Plato de leg. lib. 6. fol. 759. makes a law for the ordering of Prieſts, which ſeems evidently to be of Jewiſh origination. His law runs thus: foreign [ſcil. foreign] foreign. After the examen and election of the Prieſt, let him be approved, who is perfect and legitimate: which anſwers in all points to the Jewiſh Prieſts their Election, and Approbation; who were to be without blemiſh, and legitimate.
For Excommunication.3. Plato de Leg. 9. fol. 881. inſtitutes another Law, for the Excommunication of ſuch as ſhould ſtrike their Parents. His law runs thus. He that ſhall be found guiltie of ſtriking his Parent, let him be for ever baniſhed and excommunicated from Sacreds. Yea (he ordains farther) that none eat or drink with ſuch an excommunicated perſon, leſt he be polluted by communion with him. Every one may ſee how exactly this anſwers to the Jewiſh institutes about Excommunication, &c. Clemens Alexandrinus, in admonitione ad Gentes, ſpeaking to Plato, ſaies expreſly, foreign: But as for Laws, whatever are true, as alſo the opinion of God, theſe things were conveied to thee from the Hebrews.
Againſt ſelling poſſeſſions ſee part. 2. book 4. chap. 1. §. 3. of Aristoles Politicks.4. Yea not onelyonly Plato's, but alſo Ariſtotle's Politicks, at leaſt ſome of them, ſeem to owe their origine to Moſaick inſtitutes. For Ariſtotle, in his Politicks, gives us certain ancient Laws againſt ſelling their poſseſſions; which ſeem plain derivations from Moſes's inſtitutes againſt ſelling poſseſsions &c. as Cunaeus de Repub. Heb. pag. 21.
§. 7. Roman Laws of Jewiſh origine.As the Grecian, ſo the Roman Laws alſo, own their origine to the Moſaick inſtitutes. This neceſſarily follows upon the former; for (as we before §. 4. proved out of Grotius) the Roman Laws were for the moſt part extracted out of the Attick and Grecian. So Melancthon, in his Preface to Carion's Chronicon, tels us, that the Roman Citie received its chiefeſt Laws and judicial order from Athens. For ſhe frequently imitated the particular Examples of this Republick, as when the greatnes of Uſuries gave an occaſion to Sedition, Rome followed the counſel of Solon, concerning foreign, and reduced Uſuries to the hundreds &c. Albeit the Romans received much of their Civil Law from the Grecians; yet as for their Pontifick or Canon law, it proceeded muchly from the Etruſci, who received theirs from the Hebrews. So Grotius in his Annotat. on Mat. 12.1. In the Pontifick Roman law, whereof a great part proceeded from the Etruſci; and the Etruſci received it from the Hebrews, &c. yea, we have proved at large in what foregoes (Book 2. ch. 9. of Politick Theologie) that the Pontifick Laws, for Collegiate Order, Prieſts, Veſtments, Purifications, and all other Sacreds amongſt the Romans, were but imitations of Jewiſh inſtitutes. The ſame might be farther evinced touching their Civil Law, the 12 Tables, the Agrarian Law, &c. which ſeem evidently derivations from Moſes's Judicial Law.
§. 8. Roman Lawgivers.But this will be more apparently demonſtrated, by a brief reflection on the firſt great Lawgivers amongſt the Romans. To begin with Numa Pompilius, the main Founder of the Roman Laws, whom ſome ſuppoſe to have been inſtructed by Pythagoras, the Jewiſh Ape; becauſe of that agreement which is to be found betwixt his Inſtitutions, and thoſe of Pythagoras. But this croſſeth the courſe of Chronologie, Numa.which makes Pythagoras much younger than Numa. I ſhould rather judge, that Numa received his Laws immediately from the Phenicians, who frequented the Sea-portss of Italie, even in, and before Numa's time. That Numa received his Laws originally from the Jews, is aſſerted by Clement. Alexandr. foreign lib. 1. and by Selden. de Jure Nat. Gent. Hebr. lib. 1. cap. 2. fol. 14. Numa (ſaies he) the King of the Romans, is thought by Clement ſtrom. 1. from the ſimilitude of his Doctrine, to have been inſtructed by the Jews, at leaſt to have imbibed their Doctrine &c. This reſemblance betwixt Numa's diſcipline, and that of the Jews, appears in many particulars, as in his forbidding graven Images of God, his Pontifick Law, College Prieſts, &c. as before book 2. chap. 9. §. 1. &c. Pythagoras.To Numa we may adde Pythagoras; who, though a Grecian by birth, yet gave many Laws to the Italians, both by his Philoſophick Inſtructions, Zaleucus,as alſo by his Scholar Zaleucus, who gave Laws to the Locrians, and others. Zaleuc, Pythagoras's Diſciple, who lived about the Babylonian Captivitie, was the firſt that committed Laws to writing, in imitation of Moſes's written inſtitutes. For Licurgus's Laws were not written. Thence Strabo ſpeaking of the Locrians, to whom Zaleucus gave Laws, ſaies, foreign, They are thought to be the firſt that uſed written Laws. Now Zaleucus received theſe Inſtitutes, he gave to the Locrians, from his Maſter Pythagoras, who had them from the Jews; as we have proved in what follows of Pythagoras his Politicks. For the concluſion of this Diſcourſe, take the Obſervation of Auſtin, de civit. Dei lib. 6. cap. 11. where he brings in Annaeus Seneca, diſcourſing thus of the Jews. Whileſt the cuſtome of that wicked nation ſo greatly prevailed, that now it hath obtained through all parts of the Earth: ſo that the conquered have given Laws to the Conquerors. Wherein Seneca acknowledgeth, that the Jews gave Laws to all Nations.