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(23) That the Jews themselves were not bound to practise their ceremonial observances after the destruction of their kingdom is evident from Jeremiah. (24) For when the prophet saw and foretold that the desolation of the city was at hand, he said that God only delights in those who know and understand that He exercises loving-kindness, judgment, and righteousness in the earth, and that such persons only are worthy of praise. (Jer. ix:23.) (25) As though God had said that, after the desolation of the city, He would require nothing special from the Jews beyond the natural law by which all men are bound.

(26) The New Testament also confirms this view, for only moral doctrines are therein taught, and the kingdom of heaven is promised as a reward, whereas ceremonial observances are not touched on by the Apostles, after they began to preach the Gospel to the Gentiles. (27) The Pharisees certainly continued to practise these rites after the destruction of the kingdom, but more with a view of opposing the Christians than of pleasing God: for after the first destruction of the city, when they were led captive to Babylon, not being then, so far as I am aware, split up into sects, they straightway neglected their rites, bid farewell to the Mosaic law, buried their national customs in oblivion as being plainly superfluous, and began to mingle with other nations, as we may abundantly learn from Ezra and Nehemiah. (28) We cannot, therefore, doubt that they were no more bound by the law of Moses, after the destruction of their kingdom, than they had been before it had been begun, while they were still living among other peoples before the exodus from Egypt, and were subject to no special law beyond the natural law, and also, doubtless, the law of the state in which they were living, in so far as it was consonant with the Divine natural law.

(29) As to the fact that the patriarchs offered sacrifices, I think they did so for the purpose of stimulating their piety, for their minds had been accustomed from childhood to the idea of sacrifice, which we know had been universal from the time of Enoch; and thus they found in sacrifice their most powerful incentive. (30) The patriarchs, then, did not sacrifice to God at the bidding of a Divine right, or as taught by the basis of the Divine law, but simply in accordance with the custom of the time; and, if in so doing they followed any ordinance, it was simply the ordinance of the country they were living in, by which (as we have seen before in the case of Melchisedek) they were bound.

(31) I think that I have now given Scriptural authority for my view: it remains to show why and how the ceremonial observances tended to preserve and confirm the Hebrew kingdom; and this I can very briefly do on grounds universally accepted.

(32) The formation of society serves not only for defensive purposes, but is also very useful, and, indeed, absolutely necessary, as rendering possible the division of labour. (33) If men did not render mutual assistance to each other, no one would have either the skill or the time to provide for his own sustenance and preservation: for all men are not equally apt for all work, and no one would be capable of preparing all that he individually stood in need of. (34) Strength and time, I repeat, would fail, if every one had in person to plough, to sow, to reap, to grind corn, to cook, to weave, to stitch, and perform the other numerous functions required to keep life going; to say nothing of the arts and sciences which are also entirely necessary to the perfection and blessedness of human nature. (35) We see that peoples living, in uncivilized barbarism lead a wretched and almost animal life, and even they would not be able to acquire their few rude necessaries without assisting one another to a certain extent.

(36) Now if men were so constituted by nature that they desired nothing but what is designated by true reason, society would obviously have no need of laws: it would be sufficient to inculcate true moral doctrines; and men would freely, without hesitation, act in accordance with their true interests. (37) But human nature is framed in a different fashion: every one, indeed, seeks his own interest, but does not do so in accordance with the dictates of sound reason, for most men's ideas of desirability and usefulness are guided by their fleshly instincts and emotions, which take no thought beyond the present and the immediate object. (38) Therefore, no society can exist without government, and force, and laws to restrain and repress men's desires and immoderate impulses. (39) Still human nature will not submit to absolute repression. (40) Violent governments, as Seneca says, never last long; the moderate governments endure. (41) So long as men act simply from fear they act contrary to their inclinations, taking no thought for the advantages or necessity of their actions, but simply endeavouring to escape punishment or loss of life. (42) They must needs rejoice in any evil which befalls their ruler, even if it should involve themselves; and must long for and bring about such evil by every means in their power. (43) Again, men are especially intolerant of serving and being ruled by their equals. (44) Lastly, it is exceedingly difficult to revoke liberties once granted.

(45) From these considerations it follows, firstly, that authority should either be vested in the hands of the whole state in common, so that everyone should be bound to serve, and yet not be in subjection to his equals; or else, if power be in the hands of a few, or one man, that one man should be something above average humanity, or should strive to get himself accepted as such. (46) Secondly, laws should in every government be so arranged that people should be kept in bounds by the hope of some greatly desired good, rather than by fear, for then everyone will do his duty willingly.

(47) Lastly, as obedience consists in acting at the bidding of external authority, it would have no place in a state where the government is vested in the whole people, and where laws are made by common consent. (48) In such a society the people would remain free, whether the laws were added to or diminished, inasmuch as it would not be done on external authority, but their own free consent. (49) The reverse happens when the sovereign power is vested in one man, for all act at his bidding; and, therefore, unless they had been trained from the first to depend on the words of their ruler, the latter would find it difficult, in case of need, to abrogate liberties once conceded, and impose new laws.

(50) From these universal considerations, let us pass on to the kingdom of the Jews. (51) The Jews when they first came out of Egypt were not bound by any national laws, and were therefore free to ratify any laws they liked, or to make new ones, and were at liberty to set up a government and occupy a territory wherever they chose. (52) However, they, were entirely unfit to frame a wise code of laws and to keep the sovereign power vested in the community; they were all uncultivated and sunk in a wretched slavery, therefore the sovereignty was bound to remain vested in the hands of one man who would rule the rest and keep them under constraint, make laws and interpret them. (53) This sovereignty was easily retained by Moses, because he surpassed the rest in virtue and persuaded the people of the fact, proving it by many testimonies (see Exod. chap. xiv., last verse, and chap. xix:9). (54) He then, by the Divine virtue he possessed, made laws and ordained them for the people, taking the greatest care that they should be obeyed willingly and not through fear, being specially induced to adopt this course by the obstinate nature of the Jews, who would not have submitted to be ruled solely by constraint; and also by the imminence of war, for it is always better to inspire soldiers with a thirst for glory than to terrify them with threats; each man will then strive to distinguish himself by valour and courage, instead of merely trying to escape punishment. (55) Moses, therefore, by his virtue and the Divine command, introduced a religion, so that the people might do their duty from devotion rather than fear. (56) Further, he bound them over by benefits, and prophesied many advantages in the future; nor were his laws very severe, as anyone may see for himself, especially if he remarks the number of circumstances necessary in order to procure the conviction of an accused person.