it. They were suffered also to determine all disputes and controversies among themselves in a judicial way'. They were not only thus indulged in the use of their own customs and laws, but, what is much more, if any laws of the country where they inhabited interfered with their customs they were dispensed with, and not obliged to comply with those laws. Thus, for instance, they were dispensed with in not attending courts of judicature or giving bail on their sabbaths or feast-days. They were exempted from serving in the

Roman army, and from all those civil offices which were inconsistent with their religion; as appears by the decrees of Augustus, Agrippa, and several Roman governors to this purpose". So that Seneca affirms of them, that they gave law to their conquerors*.

And it is not a little remarkable how very condescending and kind the emperor Augustus was to this people. For in his monthly distributions of money and corn to the people of Rome, as he gave to the Jews equal to what he did to the rest, so if it happened that the distribution was made on their sabbath-day, when they think it unlawful to receive money, he, knowing their scruple, ordered it to be laid up in safe

them. Jos. Antiq. 1. 16. c. 2. §. 3, 4, 5. And upon complaint made by the Jews of Asia and Libya, Augustus decreed that they should not be obliged to give in bail on the sabbath-days, or on the preparation before the sabbath from the ninth hour, i. e. on Friday, after three of the clock in the afternoon. Ibid. c. 6. §. 1, 2. And Agrippa wrote to Silanus, prætor of Asia, to the same purpose, §. 4. fin. "Eypaya de κal Σιλανῷ τῷ στρατηγῷ, ἵνα σάββασι μηδεὶς ἀναγκάζῃ Ἰουδαῖον ἐγγύας ὁμολογεῖν.

Dolabella, president of Asia, having received an embassy from Hyrcanus, informing him that the Jews were incapable of being soldiers in the Roman army, because they could not bear arms, nor march, nor provide their own victuals on the sabbath-days; writes to the Ephesians, and by them to all the cities of Asia, granting to the Jews (as he says the governors before him had done) a freedom from serving in the army, and the use of their own customs, to assemble for the performance of their sacred rites, and to make contributions for their sacrifices. Jos. Antiq. l. 14. c. 10. §. 12. Lucius Lentulus the consul pronounces a decree, whereby he dismisses the Jews at Ephesus, who were Roman citizens, from the military service, upon the account of religion. Ibid. §. 13. Being Roman citizens, they were liable by the Roman law to have been enlisted,

had it not been for this immunity or exemption. Vid. et §. 16, 18, 19. Therefore Marcus Piso, when he came to Delos to enlist soldiers, commanded the prætor and people of that city, that if there were any Jews among them, who were Roman citizens, they should not trouble them by enlisting them, because the consul Cornelius Lentulus had freed the Jews from serving in the army upon the account of their religion. And the Delians made a decree that this order should be observed. The Sardians made a decree to the same effect. Ibid. §. 14.

u

* Λειτουργιῶν ἀναγκαζόμενοι κοι vwveiv, Jos. Antiq. 1. 16. c. 2. §. 3. med. Καὶ ταῖς ἑορταῖς ἄγοντες ἐπὶ δικαστήρια, καὶ πραγματείας ἄλλας, ibid. §. 4. p. 711, pr. Though these laws were broke in upon by Caligula, they were confirmed by Claudius, Jos. Antiq. 1. 19. c. 5. §. 2, 3. who commanded the magistrates of all cities, colonies, and municipia, both within Italy and without, as also all kings and potentates, to procure a copy of his decree, made in favour of the Jews, and to expose it where it might be read by all. Vid. et c. 6. §. 3. And were preserved by the succeeding emperors, as is evident from the speech made by Titus. De. Bell. Jud. 1. 6. c. 6. §. 2. p. 1284, fin.

* Cum interim usque eo sceleratissimæ gentis consuetudo convaluit, ut per omnes jam terras recepta sit: victi victoribus leges dederunt,

custody for them till the next day. Is it reasonable to think that a people so peculiarly favoured in all parts of the Roman empire out of their own country, should not in their country be governed by their own laws and their own magistrates, a privilege so commonly granted by the Romans, as we have seen, to other countries?

SECT. VII.

The Jews petitioned the emperor Augustus that their country might be made a Roman province, with this view, that they might have the free use of their own laws.

THIRDLY, it is also fully evident from Josephus, that it was the earnest desire of the Jews that they might be no longer under a king of their own, but under a Roman governor; and that the true reason why they so earnestly sought to have their country annexed to the province of Syria was, that they might have the free use of their own laws. When Archelaus went to Rome to obtain of Augustus the confirmation of his father's will, even his relations and friends joined themselves to his brother and competitor Antipas, (who had been named by his father Herod in a former will as the person he designed should succeed him in his kingdom,) not out of good-will to Antipas, but out of hatred to Archelaus, chiefly, nevertheless, because they desired freedom, and to be under a Roman governor. And this was the general desire of the whole nation, who, with the consent of Varus the president of Syria, despatched an embassy to Rome to ask for the freedom

Apud Aug. de Civ. Dei, 1. 6. c. II. And Dio says they prevailed; Ωστε καὶ παῤῥησίαν (vel εἰς παῤῥησίαν) τῆς νομίσεως ἐκνικῆσαι. L. 36. p. 37. Β. Vid. Seld. de Success. in bon. Prol. P. 9, 10.

. Οὐ μὴν ἀλλὰ καν ταῖς μηνιαίοις τῆς πατρίδος διανομαῖς, ἀργύριον ἢ σῖτον ἐν μέρει παντὸς τοῦ δήμου λαμβάνοντος, οὐδέποτε τοὺς Ἰουδαίους ἠλάττωσε τῆς χάριτος, ἀλλ ̓ εἰ καὶ συνέβη τῆς ἱερᾶς ἑβδόμης ἐνεστώσης γενέσθαι τὴν διανομὴν, ὅτε οὔτε λαμβάνειν οὔτε διδόναι, ἢ συνόλως τὶ

πράττειν τῶν κατὰ βίον, καὶ μάλιστα τὸν ποριστὴν ἐφεῖται, προσετέτακτο τοῖς διανέμουσιταμιεύειν τοῖς Ἰουδαίοις εἰς τὴν ὑστεραίαν τὴν κοινὴν φιλανOрwniav. Phil. Leg. ad Caium, p. 1015, A.

* Μάλιστα μὲν ἐπιθυμοῦντες ἐλευθερίας, καὶ ὑπὸ Ῥωμαίων στρατηγῷ τετάχθαι. Antiq. 1. 17. c. 9. §. 4. prop. fin.

8 Διὰ τὸ πολλοὺς εἶναι τοὺς αὐτονομίας γλιχομένους. Ibid. c. 13. §. 1, fin.

of being governed by their own laws: and that this petition might come with the more weight, no fewer than fifty persons are by the decree of the nation sent on this embassy, to whom, when they arrive at Rome, above eight thousand Jews of that city join themselves, and appear with them before Cæsar. He gives them a hearing, and the sum of their petition is, that they may no longer be governed by a king, but be made part of the province of Syria, and be subject to the presidents which are sent thitherf. Josephus relates exactly the same thing in the book of the Jewish Wars; says that all the relations of the family who hated Archelaus did what in them lay to assist Antipas at Rome; and the principal reason was, because every one of them desired that the nation might live in the use of their own laws under the administration of a Roman governor; but if they failed of this, they had rather Antipas should be king than Archelauss. He adds also, that by the permission of Varus fifty ambassadors were sent to Rome, and that their instructions were to obtain for the nation a freedom of living after their own lawsh; that above eight thousand Jews stood with them before Casari; and that their petition was, that, being joined to Syria, the government of their country might be administered by Roman presidentsk.

He that will compare these passages together must be convinced that the Jews did not understand, by having their

b

* Αφίκετο εἰς τὴν ̔Ρώμην πρεσβεία Ἰουδαίων Οὐάρου τὸν ἀπόστολον αυτῶν τῷ ἔθνει ἐπικεχωρηκότος ΥΠΕΡ ΑΙΤΗΣΕΩΣ ΑΥΤΟΝΟΜΙΑΣ. Ibid. prop. pr.

· Καὶ ἦσαν οἱ μὲν πρέσβεις οἱ ἀποσταλέντες ΓΝΩΜΗ ΤΟΥ ΕΘΝΟΥΣ πεντήκοντα.

« Συνίσταντο δὲ αὐτοῖς τῶν ἐπὶ Ῥώμης Ἰουδαίων ὑπὲρ ὀκτακισχιλίους. Ibid. 1. 9, 10, II.

• Οἱ μὲν πρέσβεις μετὰ τοῦ πλήθους τῶν αὐτόθι Ἰουδαίων ἀφικνοῦνται, i. e. into the court held upon this occasion by Augustus Caesar. Ib. l. 14.

† Ἦν δὲ κεφάλαιον αὐτοῖς τῆς ἀξι ώσεως, βασιλείας μὲν καὶ τοιῶνδε ἄρχων ἀπηλλάχθαι, προσθήκην δὲ Συρίας γεγονότας ὑποτάσσεσθαι τοῖς ἐκεῖσε πεμπομένοις στρατηγοῖς. Ib. §. 2, fin.

country annexed to Syria, and under the power of a Roman governor, that they were to be deprived of their own laws and magistrates; but, on the contrary, that they should hereby obtain a more free and regular administration of their laws than they had enjoyed under their late king Herod, and that their magistrates would be less obstructed in the execution of them than they were under him. For although you see nothing appears in their petition to Augustus, but that they might be joined to the province of Syria, yet the reason of this request, we are expressly told by Josephus, was their desire of liberty, that they might have a more free use of their laws than they were lately permitted. It was this desire made the family of Herod take part with Antipas (who had the weaker claim) against Archelaus, hoping hereby to prevail, that both might at length be set aside. It was this desire made the nation of the Jews apply to Varus for his consent to their despatching an embassy to Rome. It was this desire made them send so great a number of ambassadors. To use their endeavours to obtain this desired liberty were the instructions given to this numerous body. It was this desire also made the Jews at Rome join with them, and fill up their train. Nothing therefore can be more plain, than that they expected to have a more free exercise of their own laws under a Roman governor than they had under Herod and had not their magistrates in the reign of Herod the power of inflicting corporal punishments and death in the execution of the Mosaic laws? I am persuaded no one ever doubted it. Most certainly, then, the Jews did not in the least suspect that they should be deprived of this power under a Roman governor; but, on the contrary, believed that they should enjoy the exercise of it in a more full and ample manner than they had done under Herod. Had they known that they were to have entirely lost it by receiving a Roman governor, they would have chosen rather to have suffered any hardships under a king of their own. Every one knows how fond persons usually are of ancient customs and laws. It is certain that no people upon the face of the earth ever were more so than the Jews, who have always shewn a steady, constant, and, I may add, most obstinate adherence to their