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A41215 Pian piano, or, Intercourse between H. Ferne, Dr. in divinity and J. Harrington, Esq. upon occasion of the doctors censure of the Common-wealth of Oceana. Ferne, H. (Henry), 1602-1662. 1656 (1656) Wing F797; ESTC R5270 19,316 78

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in the Temple was ever after the Session-house of the Senate that they may stand there with thee If this be not enough you may have a farther sight of your great mistake 2 Chron. 19. where at the restitution of this Government in some part by Jehoshaphat the Jethronian Councils are set up City by City But the Senate or Seventy Elders with a moreover in Jerusalem and that the Jethronian Courts are intimated in the New Testament by the name of the Judgement as the Sanhedrim by that of the Council Godwyn the Schoolmaster could have told you But whereas nothing is more constantly delivered by all Authors nor express in Scripture then that Moses having instituted the Sanhedrim stood from that time forward no more alone or was thence forth but Prince of the Senate which God appointed to stand with him You say that he was a Monarch or stood alone And whereas the Jethronian Praefectures henceforth brought all their difficult Cases unto the Sanhedrim in the institution of which Sanhedrim Jethro had no hand You say that the Sanhedrim or Seventy Elders were instituted by Jethro How plain would your English have been upon this occasion if they had given it whereas I shall say no more then that these are no little things nor poor mistakes The second Quaere In case the Authors Form and the Monarchical be or be not disputed over and over again what the Reason or Experience may be that remaineth or may be thought to remain for the advantage of the latter The Doctors Answer I Have not time to dispute the two forms nor will to make it my study but this Reason is cogent for Monarchical that in it there is one Chief For Order is the main concernment of Government and Order is more perfected by reducing to Vnity or having still One Chief in the Order And this I mention the rather because as anciently the Romans so you in your model are forced to betake you in necessity to a Dictator which undeniably evinces Monarchical Government the fittest for all exigencies Also because God to whom you seem to appeal Page 15. led his People Psal. 77. ult. by the hand of Moses and Aaron Moses chief in the whole Government and Aaron the chief in the Priesthood and after Moses Joshua and still raised up single persons to judge his People Lastly because the dust of Nature led your form of Government from Paternal so it was at the beginning or Peopling of the World unto Monarchical as Families encreased into Nations Reply YOu in your Letter are positive that be the two Forms never so often disputed the advantage in reason will remain to the Monarchical but when you come to give your reason have not time to dispute the businesse nor will to make is your study you will give a man his sentence without recourse to the law and his objections Again without taking notice of his Answers as in the matter of Dictatorian Power for which you say First that one person is fittest and Secondly that one person being fittest for this one thing it undeniably evinces Monarchical Government the fittest for all exigencies Now granting the former were true as I have shewed it to be false and therefore chosen the Venetian Dictator which consistth not of One man rather than the Roman which did yet if One Man be fittest to be a Pilot how doth it follow that That one man is fittest for all Exigences Or if Gideon were fittest to be Judge or Dictator of Israel that it was fittest as the people desired of him Judges 8. 22. he should rule over them both He and his Son and his sons son also And whereas you say that God unto whom I appeal still raised up single persons to judge his people doth it follow that these Judges or Dictators were Monarchs especially when Gideon answers the People I will not rule over you neither shall my son rule over you The Lord shall rule ouer you Or rather that Monarchical Government even in the time of the Judges was in this Common-wealth to the rejection of God In which place to allude unto that in your Answer to the first quaere to which I have not yet reply'd it is plain also that antecedent obligations do not alwaies imply command or enforce obedience for say the people unto Gideon rule thou over us c. for thou hast delivered us from the hand of Midian yet neither did this obilge the people to choose or Gideon to be chosen King That God led his People Psal. 77. by the hand of Moses and Aaron is right but your flourish upon it where you say Moses Chief in the whole Government and Aaron Chief in the Priesthood withers for the Place relateth unto the Times Exod. 7. In which saith the Lord unto Moses See I have made thee a God to Pharaoh and Aarou thy Brother shall be thy Prophet that is thy Chaplain or Orator for otherwise there arose not a Prophet like Moses in Israel and this was before the time that Moses made Aaron High Priest nor after the institution of the Sanhedrim was the High Priest other then subordinate unto it whether in matter of Religion or State Nay if he had given them just cause he might be whipt by the Law as is affirmed by the Talmudists This Senate was to stand as hath been shewed with Moses therefore Moses from the institution thereof was no more than Prince or Archon of it and General of the Commonwealth in each of which functions he was succeeded by Joshua And the People served the Lord all the daies of Joshua and all the daies of the Elders that out-lived Joshua Judges 2. 7. But from this time forward you hear no more of the Jethronian Praefectures that sate in the Gates of the Cities nor of the Senate as I take it being yet but studying this Commonwealth in which it were a better deed to aid than mislead me till the restitution of it by Jehoshaphat 2 Chron. 19. For after the death of Joshua and of the Elders of these Courts the people of Israel mindlesse of the excellent Orders of their Commonwealth given by God were so stupid as to let both the Senate and the inferiour Courts to fall But a Commonwealth without the Senate must of natural necessity degenerate into Anarchy Wherefor the Nature of this Commonwealth throughout the Book of Judges was downright Anarchie You have the Tribes without any Common Council or deliberation leaguing one with another and making War at their Phancy as Judg 1. 3. Judah said unto Simeon his brother Come up with me into my lot that we may fight against the Canaanites c. Whence especially when there was no Judge nether is that frequent Complain throughout this Book that in those daies there was no King as men of your rank have rendred the Word though in this place it rather signifies Suffes Consul or Dictator as some of the Laiety that is of the folkes do affirme
Hebrews having been all made by an infallible Legislator even God himself the Senate had no Laws in the beginning to propose but came afterwards to propose when those laws given in the beginning came to need addition for if you find the Kings upon such occasions as David 1 Sam. 7. 2. and Hezekiah 2 Chron. 30. proposing and the People resolving was this likely to have been introduced by them or if the People had the result in the Monarchy must they not much more have had it in the Commonwealth Wherefore the Authority of proposing unto the people as will better appear hereafter was derived by the King from the Judge by the Judge from the Sanhedrim by the Sanhedrim from Moses and by Moses from God As Exod. 19. 5. where God giveth him instructions for a Proposition unto the People Thus shalt thou say unto the House of Jacob and tell the children of Israel ye have seen what I did unto the Egyptians c. Now therefore if you will obey my voice indeed and keepe my Covenant then you shall be unto me a Kingdome of Priests If you will not whether you will or no you shall be which relates unto the future unto me a Kingdome that is I will be your King God having given these instructions unto his sole Legislator Moses came accordingly and called for the Elders of the People and laid before their faces all these words that the Lord had commanded him And all the People answered together gave their suffrage Nemine contradicente and said All that the Lord hath spoken we will doe And Moses returned the words that is the suffrage or result of the People unto the Lord Wherefore God was King in Israel by Covenant proposed by Himselfe or his servant Moses and resolved by the People Now that he was afterwards rejected by the People when they chose another King that he should not reign over them 1 Sam. 8. 7. are his own words And if in these words he shew plainly that the People had power to reject a Law that was not onely proposed unto them but resolved by them then must it needs be included even in Gods own words that the People must have had power to have rejected any thing that was proposed and not confirmed by them And yet you tell me that this is so far from good Logick that it falls short of good Divinity And why because it must suppose God and the People on equal termes at their entring that Covenant Then that a King either cannot covenant for example with his Chandler to serve him with Wax or that the Chandler was upon equal Terms or Hail-fellow well met with the King at their entering that covenant comes up to good Divinity Such is the Logick which you chop with me for you are beyond my understanding But the honest part of Logick I understand well enough not to envy them that seem to have more For if by the Word Terms you understand the Conditions of the Covenant it is fair as to these indeed the parties covenanting are so far equal that they may equally will or choose else it were a Precept or Command not a Covenant but if by the Word Terms you understand the dignity or power of the parties it is not fair but an equivocation for the equality of the Parties in that sense is nothing at all unto the equality of the Covenant wherefore the impiety you would fix upon me is your own and ariseth from your want of distinguishing between the Almighty Power of God in which he is above all things and his infinite love whereby he boweth the Heavens and descendeth unto his poor creatures in the former regard to talk of electing or deposing God who is King be the Heathen never so unquiet were indeed impious but in the latter it is most certain that He ruleth among no other than a consenting a resolving a willing People Or tell me whether the reign of God on the neck of the Turks be the same with that in the hearts of his elect or wherein consists the difference Moreover to what I have said and more than what I have said for the debate that was in the Senate and the result that was in the People of Israel Grotius hath summed up the Talmudists in this Note upon the Tenth Verse of Deu. 18. Notandum praeterea scita Senatus nonnull a sive legi interpretandae sive praemuniendae fact a evanuisse non modò si Senatus ante receptum ubique morem sententiam mutasset verum etiam sivel ab initio Populus ea non ferret vel si irent in dissuetudinem where there is nothing plainlier to be perceived than that debate was in this Senate and result in this People and you confesse what I assert in the 17th page of all their Laws given by Covenant to be true in a sober sense now the sense which I have shew'd you is that of all sober Men But can you shew me the judgement of any sober man that because we find Princes and heads of the Tribes we may call them a Senate pray' how do you cut Twelve Princes into Seventy Elders or where do you find them in the Senate but this is nothing If we look to the institution of the Seventy we find it say you to be upon the advice of Jethro We I pray you take it to your self or I appeal to him that shall compare Exod. 18. with Numb. 11. whether this have been the opinion of any sober man Moses in that of Exodus hearkens unto the voice of his father in law Jethro the Priest of Midian Making able men out of Israel Heads over the people Rulers of thousands Rulers of hundreds Rulers of fifties and Rulers of tenns And they judged the People at all seasons the hard causes they brought unto Moses but every small matter they judged themselves These were the Jethronian praefectures or the courts afterwards consisting of Twenty three Judges that sate in the gates of every City Never were they mistaken before for the Sanhedrim or Seventy Elders which came not to be instituted till afterwards in the Eleventh of Numbers where Moses while he stood alone being as weary of the recourse had unto him from these judicatories as he was of That before their Institution Cries unto God I am not able to bear this People alone his Office of sole Legislator in which relation Lycurgus and Solon are as well and as properly called Kings as He who was King indeed in Jesurun Deut. 33. 5. but no otherwise than they in their Commonwealths that is to propose the Laws of his form when the Heads of the People the Tribes of Israel were gathered together 〈◊〉 〈◊〉 was now almost accomplished Wherefore the Lord said unto Moses Gather unto me Seventy Elders of the men of Israel whom thou knowest to be Elders of the People and Officers over them and bring them unto the Tabernacle of the congregation in which or