shewn in Scripture till the time of DAVID when tho it has nothing in it of a Monarchical Institution it is found intirely remaining and perfectly describ'd in these words Now the Children of Israel after their number to wit the chief Fathers and Captains of thousands and hundreds and their Officers that serv'd the King in any matter of the Courses which came in and went out month by month throout all the months in the year of every Course were twenty and four thousand men The Polls of the People as they have bin hitherto shewn were taken before their plantation in Canaan where before they had Kings they had grown according to the account of PAUL four hundred and Acts 13. 20. fifty years during which time that they were excedingly increas'd appears by the Poll of Military age taken by DAVID and amounting 2 Sam. 24. 9. to one Million three hundred thousand yet could this Assembly of the Children of Israel after their number in one year by monthly rotation take in the whole body of them How these being a Representative of the People and thus changeable could be otherwise collected than by the monthly election of two thousand in each Tribe is not imaginable And that both a Representative of the People they were and thus changeable is by the clear words of Scripture and the nature of the business upon which occasion they are describ'd undeniably evinc'd for DAVID proposing and the People resolving they make SOLOMON King and ZADOC Priest This Assembly 1 Chr. 29. 22. besides the Military Disciplin therof in which it differ'd little from the Customs of such other Commonwealths as have bin great and martial had not only a Civil but a Military Office or Function as the standing Guard or Army of this Country which tho small and lying in the very Teeth of its Enemys could thus by taking in every man but for one month in a whole year so equally distribute a Burden to have bin otherwise intolerable to all that it might be born by a few and scarce selt by any This Epitome of that Body already describ'd under the leading of the several Princes of the Tribes with their Staves and Standards of the Camp seems to have bin commanded by Lieutenants of the Princes or Tribuns of the respective Tribes Book II For over the first course for the first month was JASHOBEAM the Ver. 2 3. Son of ZABDIEL of the Children of PEREZ or of the Family of the Pharzits in the Catalog of JUDAH and of his course were four and twenty thousand IN this case the Princes did not lead in person but resided in their Tribes for the Government of the same whence upon extraordinary occasions they sent extraordinary Recruits or in case of solemn War or som weighty affair as the trial of a Tribe or the like led up in person with their Staves and Standards an Ordinance whether we regard the military or civil use of it never enough to be admir'd Sect. 2 That this Representative was us'd in the time of the Judges Judg. 2. 6. Judg. 3. 3. IT is true while the whole People being an Army MOSES could propose to them in body or under their Staves and Standards of the Camp as he needed not so he us'd not any Representative But when JOSHUA had let the People go and the Children of Israel went every man to his Inheritance to possess the Land how was it possible they should possess any thing while the five Lords of the Philistins and all the Canaanits and the Sidonians and the Hivits remain'd yet among them unconquer'd without the wing of som such Guard or Army as this under which to shelter themselves How was it equal or possible that a few of the People upon the guard of the whole should be without relief or sustain all the burden Or how could every man be said to go to his Inheritance to possess it unless they perform'd this or the like duty by turns or courses These things consider'd there is little doubt but this Congregation was according to the Institution of MOSES put in practice by JOSHUA Sect. 3 The dissolution of the Mosaical Common-wealth THUS stood both the Sanhedrim and the Congregation with the inferior Courts and all the Superstructures of the Mosaical Commonwealth during the life of JOSHUA and the Elders of the Sanhedrim that outliv'd him but without any sufficient root for the Judg. 2. 7 11. possible support of it the Canaanits not being destroy'd or with such roots only as were full of worms Wherfore tho the People serv'd the Lord all the days of JOSHUA and all the days of the Elders that outliv'd JOSHUA yet after the death of these they did evil in the sight of the Lord. And an Angel a Messenger or Prophet of the Judg. 2. 1 2. Lord came up from Gilgal to Bochim and said I made you go up out of the Land of Egypt and have brought you into the Land which I swore to Deut. 7. 2. ch 12. 2. your Fathers and I said I will never break my Covenant with you And ye shall make no League with the Inhabitants of this Land ye shall throw down their Altars but ye have not obey'd my Voice Why have you don Josh 23. 3. Exod. 23. 33. ch 34. 12. Antiq. l. 5. c. 2. this Wherfore I also said I will not drive them out from before you but they shall be as Thorns in your sides and their Gods shall be a snare to you Upon the several Contents of which places says JOSEPHUS The Israelits after the death of JOSHUA and the Elders that outliv'd him neglecting their Arms betook themselves to Tillage and effeminated with Peace gave their minds rather to what was easy and pleasing than what was secure or honorable forgetful of the Laws of God and of their Disciplin Wherupon God being mov'd to anger admonish'd them by a Prophet that in sparing the Canaanits they had disobey'd him and that in case they persisted for his Mercys neglected they should tast of his Justice But they tho terrify'd with the Oracle were altogether averse to the War both because they were brib'd by the Canaanits and thro luxury were becom unapt for labor the form of their Commonwealth being now deprav'd and the Aristocratical part therof invalid while neither the Senat was elected nor the solemn Magistrats created as formerly In which words Chap. 3 the not electing of the Senat as formerly being laid as a Crime by JOSEPHUS to the People he is first clear enough for his part that the Senat was formerly elected by the People and ought to have bin so still And secondly that henceforth the election of the Senat or Sanhedrim was neglected by the People So this Commonwealth which thro the not rooting out of the Canaanits had never any Foundation came now to fail also in her Superstructures for proof wherof the Testimony of Scripture is no less
Body Let Men argue as they please for Monarchy or against a Commonwealth the vvorld shall never see any Man so sottish or vvicked as in cool blood to prefer the Education of the Sons of BRUTUS before that of SCIPIO and of this mould except a MELIUS or a MANLIUS was the whole youth of that Commonwealth tho not ordinarily so well cast Now the health of a Government and the education of the Youth being of the same pulse no wonder if it has bin the constant practice of well order'd Commonwealths to commit the care and feeling of it to public Magistrats A duty that was perform'd in such a manner by the Areopagits as is elegantly prais'd by ISOCRATES The Athenians says he write not their Laws upon dead Walls nor content themselves with having ordain'd Punishments for Crimes but provide in such a way by the Education of their Youth that there be no Crimes for Punishment He speaks of those Laws which regarded Manners not of those Orders which concern'd the Administration of the Commonwealth lest you should think he contradicts XENOPHON and POLYBIUS The Children of Lacedemon at the seventh year of their age were deliver'd to the Paedonomi or Schoolmasters not mercenary but Magistrats of the Commonwealth to which they were accountable for their charge and by these at the age of fourteen they were presented to other Magistrats call'd the Beidiaei having the inspection of the Games and Exercises among which that of the Platanisâ—a was famous a kind of Fight in Squadrons but somwhat too sierce When they came to be of military age they were listed of the Mora and so continu'd in readiness for public Service under the Disciplin of the Polemarchs But the Roman Education and Disciplin by the Centurys and Classes is that to which the Commonwealth of Oceana has had a more particular regard in her three Essays being certain degrees by which the Youth commence as it were in Arms for Magistracy as appears by 26. Order THE twenty sixth ORDER instituting That if a Parent has but one Son the Education of that one Son shall be wholly at the disposition of that Parent But wheras there be Free Schools erected and indow'd or to be erected and indow'd in every Tribe of this Nation to a sufficient proportion for the Education of the Children of the same which Schools to the end there be no detriment or hindrance to the Scholars upon case of removing from one to another are every of them to be govern'd by the strict inspection of the Censors of the Tribes both upon the Schoolmasters manner of Life and Teaching and the proficiency of the Children after the rules and method of that in Hiera if a Parent has more Sons than one the Censors of the Tribes shall animadvert upon and punish him that sends not his Sons within the ninth year of their age to som one of the Schools of a Tribe there to be kept and taught if he be able at his own charges and if he be not able gratis till they arrive at the age of fifteen years And a Parent may dispose of his Sons at the fifteenth year of their age according to his choice or ability whether it be to Service in the way of Apprentices to som Trade or otherwise or to further study as by sending them to the Ins of Court of Chancery or to one of the Vniversitys of this Nation But he that takes not upon him one of the Professions proper to som of those places shall not continue longer in any of them than till he has attain'd to the age of eighteen years and every Man having not at the age of eighteen years taken upon him or addicted himself to the profession of the Law Theology or Physic and being no Servant shall be capable of the Essays of the Youth and no other person whatsoever except a Man having taken upon him such a profession happens to lay it by ere he arrives at three or four and twenty years of age and be admitted to this Capacity by the respective Phylarch being satisfy'd that he kept not out so long with any design to evade the Service of the Commonwealth but that being no sooner at his own disposal it was no sooner in his choice to com in And if any Youth or other Person of this Nation have a desire to travel into foren Countrys upon occasion of business delight or further improvement of his Education the same shall be lawful for him upon a Pass obtain'd from the Censors in Parlament putting a convenient limit to the time and recommending him to the Embassadors by whom he shall be assisted and to whom he shall yield Honor and Obedience in their respective Residences Every Youth at his return from his Travel is to present the Censors with a Paper of his own writing containing the Interest of State or Form of Government of the Countrys or som one of the Countrys where he has bin and if it be good the Censors shall cause it to be printed and publish'd prefixing a Line in commendation of the Author EVERY Wednesday next insuing the last of December the whole Youth of every Parish that is to say every Man not excepted by the foregoing part of the Order being from eighteen years of age to thirty shall repair at the sound of the Bell to their respective Church and being there assembl'd in presence of the Overseers who are to govern the Ballot and the Constable who is to officiat at the Vrn shall after the manner of the Elders elect every fifth Man of their whole number provided that they chuse not above one of two Brothers at one Election nor above half if they be four or upward to be a Stratiot or Deputy of the Youth and the List of the Stratiots so elected being taken by the Overseers shall be enter'd in the Parish Book and diligently preserv'd as a Record call'd the first Essay They whose Estates by the Law are able or whose Friends are willing to mount them shall be of the Horse the rest are of the Foot And he who has bin one year of this List is not capable of being reelected till after another year's interval EVERY Wednesday next insuing the last of January the Stratiots being muster'd at the Rendevouz of their respective Hundred shall in the presence of the Jurymen who are Overseers of that Ballot and of the High Constable who is to officiat at the Vrn elect out of the Horse of their Troop or Company one Captain and one Ensign or Cornet to the command of the same And the Jurymen having enter'd the List of the Hundred into a Record to be diligently kept at the Rendevouz of the same the first public Game of this Commonwealth shall begin and be perform'd in this manner Wheras there is to be at every Rendevouz of a Hundred one Cannon Culverin or Saker the prize Arms being forg'd by sworn Armorers of this Commonwealth and for their proof
perform the Ballot as he can make five thousand Men drawing them out by double Files to march a quarter of a mile But because at this Ballot to go up and down the Field distributing the linen Pellets to every Man with which he is to ballot or give suffrage would lose a great deal of time therfore a Mans Wife his Daughters or others make him his provision of Pellets before the Ballot and he coms into the field with a matter of a score of them in his pocket And now I have as good as don with the sport The next is 11. Order Functions of the Magistrats of the Prime Magnitude THE eleventh ORDER explaining the Dutys and Functions of the Magistrats contain'd in the List of the Prime Magnitude And those of the Hundreds beginning with the Lord High Sheriff who over and above his more antient Offices and those added by the former Order is the first Magistrat of the Phylarch or Prerogative Troop The Lord Lieutenant over and above his Duty mention'd is Commander in Chief of the Musters of the Youth and second Magistrat of the Phylarch The Custos Rotulorum is to return the yearly Muster-rolls of the Tribe as well that of the Youth as of the Elders to the Rolls in Emporium and is the third Magistrat of the Phylarch The Censors by themselves and their Subcensors that is the Overseers of the Parishes are to see that the respective Laws of the Ballot be observ'd in all the popular Assemblys of the Tribe They have power also to put such National Ministers as in Preaching shall intermeddle with matters of Government out of their Livings except the Party appeals to the Phylarch or to the Council of Religion where in that case the Censors shall prosecute All and every one of these Magistrats together with the Justices of Peace and the Jurymen of the Hundreds amounting in the whole number to threescore and six are the Prerogative Troop or Phylarch of the Tribe THE Function of the Phylarch or Prerogative Troop is fivefold Functions of the Phylarch FIRST They are the Council of the Tribe and as such to govern the Musters of the same according to the foregoing Orders having cognizance of what has past in the Congregation or Elections made in the Parishes or the Hundreds with power to punish any undue practices or variation from their respective Rules and Orders under an Appeal to the Parlament A Marriage legitimatly is to be pronounc'd by the Parochial Congregation the Muster of the Hundred or the Phylarch And if a Tribe have a desire which they are to express at the Muster by their Captains every Troop by his own to petition the Parlament the Phylarch as the Counsil shall frame the Petition in the Pavilion and propose it by Clauses to the Ballot of the whole Tribe and the Clauses that shall be affirm'd by the Ballot of the Tribe and sign'd by the hands of the six Magistrats of the Prime Magnitude shall be receiv'd and esteem'd by the Parlament as the Petition of the Tribe and no other SECONDLY The Phylarch has power to call to their assistance what other Troops of the Tribe they please be they Elders or Youth whose Disciplin will be hereafter directed and with these to receive the Judges Itinerant in their Circuits whom the Magistrats of the Phylarch shall assist upon the Bench and the Jurys elswhere in their proper functions according to the more antient Laws and Customs of this Nation THIRDLY The Phylarch shall hold the Court call'd the Quarter Sessions according to the antient Custom and therin shall also hear Causes in order to the protection of Liberty of Conscience by such Rules as are or shall hereafter be appointed by the Parlament FOURTHLY All Commissions issu'd into the Tribes by the Parlament or by the Chancery are to be directed to the Phylarch or som of that Troop and executed by the same respectively FIFTHLY In the case of Levys of Mony the Parlament shall tax the Phylarchs the Phylarchs shall tax the Hundreds the Hundreds the Parishes and the Parishes shall levy it upon themselves The Parishes having levy'd the Tax Mony accordingly shall return it to the Officers of the Hundreds the Hundreds to the Phylarchs and the Phylarchs to the Exchequer But if a man has ten Children living he shall pay no Taxes if he has five living he shall pay but half Taxes if he has bin marry'd three years or be above twenty five years of Age and has no Child or Children lawfully begotten he shall pay double Taxes And if there happen to grow any dispute upon these or such other Orders as shall or may hereto be added hereafter the Phylarchs shall judg the Tribes and the Parlament shall judg the Phylarchs For the rest if any man shall go about to introduce the right or power of Debate into any popular Council or Congregation of this Nation the Phylarch or any Magistrat of the Hundred or of the Tribe shall cause him presently to be sent in custody to the Council of War Institution of the Roll call'd the Pillar of Nilus THE part of the Order relating to the Rolls in Emporium being of singular use is not unworthy to be somwhat better open'd In what manner the Lists of the Parishes Hundreds and Tribes are made has bin shewn in their respective Orders where after the Partys are elected they give an account of the whole number of the Elders or Deputys in their respective Assemblys or Musters the like for this part exactly is don by the Youth in their Disciplin to be hereafter shewn wherfore the Lists of the Parishes Youth and Elders being sum'd up give the whole number of the People able to bear Arms and the Lists of the Tribes Youth and Elders being sum'd up give the whole number of the People bearing Arms. This account being annually recorded by the Master of the Rolls is call'd the Pillar of Nilus because the People being the Riches of the Commonwealth as they are found to rise or fall by the degrees of this Pillar like that River give an account of the public Harvest THUS much for the Description of the first days work at the Muster which happen'd as has bin shewn to be don as soon as said for as in practice it is of small difficulty so requires it not much time seeing the great Council of Venice consisting of a like number begins at twelve of the Clock and elects nine Magistrats in one Afternoon But the Tribe being dismist for this night repair'd to their Quarters under the conduct of their new Magistrats The next morning returning into the field very early the Orator proceded to 12. Order Institution of the Galaxy THE twelfth ORDER directing the Muster of the Tribe in the second days Election being that of the List call'd the Galaxy in which the Censors shall prepare the Vrns according to the Directions given in the ninth Order for the second Ballot that is
own good they chuse no other into the next primum Mobile but of the ablest Cudgel and Footbalplayers Which don as soon as said your primum Mobile consisting of no other stuff must of necessity be drawn forth into your Nebulones and your Galimofrys and so the silken Purses of your Senat and Prerogative being made of Sows ears most of them Blacksmiths they will strike while the Iron is hot and beat your Estates into Hobnails mine Host of the Bear being Strategus and King Piper Lord Orator Well my Lords it might have bin otherwise exprest but this is well enough a conscience In your way the Wit of man shall not prevent this or the like Inconvenience but if this for I have confer'd with Artists be a mathematical Demonstration I could kneel to you that e're it be too late we might return to som kind of Sobriety IF we emty our Purses with these Pomps Salarys Coaches Lacquys and Pages what can the People say less than that we have drest a Senat and a Prerogative for nothing but to go to the Park with the Ladys MY Lord ARCHON whose meekness resembl'd that of MOSES vouchsaf'd this Answer My Lords FOR all this I can see my Lord EPIMONUS every night in the Park and with Ladys nor do I blame this in a young Man or the Respect which is and ought to be given to a Sex that is one half of the Commonwealth of Mankind and without which the other would be none But our Magistrats I doubt may be somwhat of the oldest to perform this part with much acceptation and as the Italian Proverb says * * To love and not injoy is the way to break ones heart Servire non gradire è cosa da far morire Wherfore we will lay no certain Obligation upon them in this Point but leave them if it please you to their own fate or discretion But this for I know my Lord EPIMONUS loves me tho I can never get his esteem I will say if he had a Mistress should use him so he would find it a sad Life or I appeal to your Lordships how I can resent it from such a Friend that he puts King Piper's Politics in the Balance with mine King Piper I deny not may teach his Bears to dance but they have the worst ear of all Creatures Now how he should make them keep time in fifty several Tribes and that two years together for else it will be to no purpose may be a small matter with my Lord to promise but it seems to me of impossible performance First Thro the nature of the Bean and Secondly thro that of the Ballot or how what he has hitherto thought so hard is now com to be easy but he may think that for expedition they will eat up these Balls like Apples However there is so much more in their way by the Constitution of this than is to be found in that of any other Common-wealth that I am reconcil'd it now appearing plainly that the Points of my Lord's Arrows are directed at no other White than to shew the excellency of our Government above others which as he procedes further is yet plainer while he makes it appear that there can be no other elected by the People but Smiths Brontesque Steropesque nudus membra Pyracmon OTHONIEL AOD GIDEON JEPHTHA SAMSON as in Israel MILTIADES ARISTIDES THEMISTOCLES CIMON PERICLES as in Athens PAPYRIUS CINCINNATUS CAMILLUS FABIUS SCIPIO as in Rome Smiths of the fortune of the Commonwealth not such as forg'd Hobnails but Thunderbolts Popular Elections are of that kind that all the rest of the World is not able either in number or glory to equal those of these three Commonwealths These indeed were the ablest Cudgel and Footbal-players bright Arms were their Cudgels and the World was the Ball that lay at their feet Wherfore we are not so to understand the Maxim of Legislators which holds all men to be wicked as if it related to Mankind or a Commonwealth the Interests wherof are the only strait lines they have wherby to reform the crooked but as it relates to every Man or Party under what color soever he or they pretend to be trusted apart with or by the whole Hence then it is deriv'd which is made good in all experience that the Aristocracy is ravenous and not the People Your Highwaymen are not such as have Trades or have bin brought up to Industry but such commonly whose Education has pretended to that of Gentlemen My Lord is so honest he dos not know the Maxims that are of absolute necessity to the Arts of Wickedness for it is most certain if there be not more Purses than Thieves that the Thieves themselves must be forc'd to turn honest because they cannot thrive by their Trade But now if the People should turn Thieves who sees not that there would be more Thieves than Purses Wherfore that a whole People should turn Robbers or Levellers is as impossible in the end as in the means But that I do not think your Artist which you mention'd whether Astronomer or Arithmetician can tell me how many Barlycorns would reach to the Sun I could be content he were call'd to the account with which I shall conclude this Point when by the way I have chid my Lords the Legislators who as if they doubted my Tackling could not hold would leave me to flag in a perpetual Calm but for my Lord EPIMONUS who breaths now and then into my Sails and stirs the Waters A Ship makes not her way so briskly as when she is handsomly brush'd by the Waves and tumbles over those that seem to tumble against her in which case I have perceiv'd in the dark that Light has bin struck even out of the Sea as in this place where my Lord EPIMONUS feigning to give us a demonstration of one thing has given it of another and of a better For the People of this Nation if they amount in each Tribe to two thousand Elders and two thousand Youths upon the annual Roll holding a fifth to the whole Tribe then the whole of a Tribe not accounting Women and Children must amount to twenty thousand and so the whole of all the Tribes being fifty to one Million Now you have ten thousand Parishes and reckoning these one with another each at one thousand pounds a Year dry Rent the Rent or Revenue of the Nation as it is or might be let to Farm amounts to ten Millions and ten Millions in Revenue divided equally to one Million of men coms but to ten pounds a year to each wherwith to maintain himself his Wife and Children But he that has a Cow upon the Common and earns his Shilling by the day at his labor has twice as much already as this would com to for his share because if the Land were thus divided there would be no body to set him on work So my Lord EPIMONUS'S Footman who costs him thrice as much as
such an Example are posted As if for a Christian Commonwealth to make so much use of Israel as the Roman did of Athens whose Laws she transcrib'd were against the Interest of the Clergy which it seems is so hostil to popular Power that to say the Laws of Nature tho they be the Fountains of all Civil Law are not the Civil Law till they be the Civil Law or thus that thou shalt not kill thou shalt not steal tho they be in natural Equity yet were not the Laws of Israel or of England till voted by the People of Israel or the Parlament of England is to assert Consid p. 35 40. the People into the mighty Liberty of being free from the whole moral Law and inasmuch as to be the Adviser or Persuader of a thing is less than to be the Author or Commander of it to put an Indignity upon God himself In which Fopperys the Prevaricator boasting of Principles but minding none first confounds Authority and Command or Power and next forgets that the dignity of the Legislator or which is all one of the Senat succeding to his Office as the Sanhedrim to MOSES is the greatest dignity in a Commonwealth and yet that the Laws or Orders of a Commonwealth derive no otherwise whether from the Legislator as MOSES LYCURGUS SOLON c. or the Senat as those of Israel Lacedemon or Athens than from their Authority receiv'd and confirm'd by the Vote or Command of the People It is true that with Almighty God it is otherwise than with a mortal Legislator but thro another Nature which to him is peculiar from whom as he is the cause of being or the Creator of Mankind Omnipotent Power is inseparable yet so equal is the goodness of this Nature to the greatness therof that as he is the cause of welbeing by way of Election for example in his chosen People Israel or of Redemption as in the Christian Church himself has prefer'd his Authority or Proposition before his Empire What else is the Book I meaning of these words or of this proceding of his Now therfore if ye will obey my Voice indeed and keep my Covenant ye shall be to me a Exod. 19. 5. Kingdom or I will be your King which Proposition being voted by the People in the Affirmative God procedes to propose to them the ten Commandments in so dreadful a manner that the People being excedingly Exod. 20. 19. afrighted say to MOSES Speak thou with us and we will hear thee that is be thou henceforth our Legislator or Proposer and we will resolve accordingly but let not God speak with us lest we dy From whenceforth God proposes to the People no otherwise than by MOSES whom he instructs in this manner These are the Judgments which thou shalt propose or set before them Wherfore it is said of the Deut. 29. 1. Book of Deuteronomy containing the Covenant which the Lord commanded MOSES to make with the Children of Israel in the Land of Moab besides the Covenant which he made with them in Horeb This is Deut. 4. 44. the Law which MOSES set before the Children of Israel Neither did GOD in this case make use of his Omnipotent Power nor CHRIST in the like who also is King after the fame manner in his Church and would have bin in Israel where when to this end he might have muster'd up Legions of Angels and bin victorious with such Armys or Argyraspides as never Prince could shew the like he says no more Matth. 23. 37. than O Jerusalem Jerusalem how often would I have gather'd thee and thy Children as a Hen gathers her Chickens under her wings and ye would not where it is plain that the Jews rejecting CHRIST that he should not reign over them the Law of the Gospel came not to be the Law of the Jews and so if the ten Commandments came to be the Law of Israel it was not only because God propos'd them seeing Christ also propos'd his Law which nevertheless came not to be the Law of the Jews but because the People receiv'd the one and rejected the other It is not in the nature of Religion that it should be thought a profane saying that if the Bible be in England or in any other Government the Law or Religion of the Land it is not only because God has propos'd it but also because the People or Magistrat has receiv'd it or resolv'd upon it otherwise we must set lighter by a Nation or Government than by a privat Person who can have no part nor portion in this Law unless he vote it to himself in his own Conscience without which he remains in the condition he was before and as the Heathen who are a Law to themselves Thus wheras in a Covenant there must be two Partys the Old and New Testament being in sum the Old and New Covenant these are that Authority and Proposition of GOD and CHRIST to which they that refuse their Vote or Result may be under the Empire of a Clergy but are none of his Commonwealth Nor seeing I am gon so far dos this at all imply Freewil but as is admirably observ'd by Mr. HOBBS the freedom of that which naturally precedes Will namely Deliberation or Debate in which as the Scale by the weight of Reason or Passion coms to be turn'd one way or other the Will is caus'd and being caus'd is necessitated When God coms in thus upon the Soul of Man he gives both the Will and the Deed from which like Ossice of the Senat in a Commonwealth that is from the excellency of their Deliberation and Debate which prudently and faithfully unsolded to the People dos also frequently cause and necessitat both the Will and the Deed. GOD himself has said of the Senat that they are Gods an expression tho divine yet not unknown to the Heathens Homo homini Deus one man for the excellency of his Aid may be a God to Chap. 8 another But let the Prevaricator look to it for he that leads the blind out of his way is his Devil FOR the things I have of this kind as also for what I have said upon the words Chirotonia and Ecclesia the Prevaricator is delighted to make me beholden underhand to Mr. HOBBS notwithstanding the open enmity which he says I profess to his Politics As if JOSEPHUS upon that of SAMUEL They have not rejected thee but they have rejected me 1 Sam. 8. 7. that I should not reign over them had not said of the People 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that they unchirotoniz'd or unvoted God of the Kingdom Now if they unchirotoniz'd or unvoted God of the Kingdom then they had chirotoniz'd or voted him to the Kingdom and so not only the Doctrin that God was King in Israel by Compact or Covenant but the use of the word Chirotonia also in the sense I understand it is more antient than Mr. HOBBS I might add that of CAPELLUS
Halac San. C. 4. S. 11. should happen that in all the Holy Land there remain'd but one Presbyter that Presbyter assisted by two other Israelites might ordain the seventy or great Sanhedrim and the Sanhedrim so constituted might constitute and ordain the lesser Courts I am of opinion that were there no Presbyter in the Land yet if all the Wise Men of Israel should agree to constitute or ordain Judges they might do it lawfully enoug But if so then how coms it to pass that our Ancestors have bin so solicitous lest Judicature should fail in Israel Surely for no other cause than that from the time of the Captivity the Israelites were so dispers'd that they could not upon like occasions be brought together Now I appeal whether the clear Words of MAIMONIDES where he says that our Master MOSES ordain'd the Sanhedrim by the Chirothesia be not more clearly and strongly contradicted in this place than affirm'd in the other since acknowleging that if the People could assemble they might ordain the Sanhedrim he gives it for granted that when they did assemble they had power to ordain it and that MOSES did assemble them upon this occasion is plain in Scripture Again if the power of Ordination falls ultimatly to the People there is not a stronger argument in Nature that it is thence primarily deriv'd To conclude the Chirothesia of the Presbyterian Party in Israel is thus confess'd by the Author no otherwise necessary than thro the defect of the Chirotonia of the People which Ingenuity of the Talmudist for any thing that has yet past might be worthy the imitation of Divines IN tracking the Jews from the restitution of their Commonwealth after the Captivity to their dispersion it seems that the later Monarchy in Israel was occasion'd by the Oligarchy the Oligarchy by the Aristocracy and the Aristocracy by the Chirothesia but that this Monarchy tho erected by magnanimous and popular Princes could be no less than Tyranny deriv'd from another Principle that is the insufficiency of the balance For tho from the time of the Captivity the Jubile was no more in use yet the Virgin MARY as an Heiress is affirm'd by som to have bin marri'd to JOSEPH by virtue of this Law Every Daughter that possesses an Inheritance in any Tribe of the Children of Israel Numb 27. 8. shall be Wife to one of the Family of the Tribe of her Fathers c. By which the Popular Agrarian may be more than suspected to have bin of greater vigor than would admit of a well-balanc'd Monarchy THE second Presbytery which is now attain'd to a well balanc'd Empire in the Papacy has infinitly excel'd the pattern the Lands of Italy being most of them in the Church This if I had leisure might be track'd by the very same steps At first it consisted of the seventy Parish Priests or Presbyters of Rome now seventy Cardinals creating to themselves a High Priest or Prince of their Sanhedrim the Pope but for the Superstition wherto he has brought Religion Book II and continues by his Chirothesia to hold it a great and a Reverend Monarch establish'd upon a solid Foundation and governing by an exquisit Policy not only well balanc'd at home but deeply rooted in the greatest Monarchys of Christendom where the Clergy by virtue of their Lands are one of the three States THE Maxims of Rome are profound for there is no making use of Princes without being necessary to them nor have they any regard to that Religion which dos not regard Empire All Monarchys of the Gothic Model that is to say where the Clergy by virtue of their Lands are a third estate subsist by the Pope whose Religion creating a reverence in the People and bearing an aw upon the Prince preserves the Clergy that else being unarm'd becom a certain Prey to the King or the People and where this happens as in HENRY the Eighth down gos the Throne for so much as the Clergy loses falls out of the Monarchical into the Popular Scale Where a Clergy is a third Estate Popular Government wants Earth and can never grow but where they dy at the root a Prince may sit a while but is not safe nor is it in nature except he has a Nobility or Gentry able without a Clergy to give balance to the People that he should subsist long or peaceably For wherever a Government is sounded on an Army as in the Kings of Israel or Emperors of Rome there the saddest Tragedys under Heaven are either on the Stage or in the Tiring-house These things consider'd the Chirothesia being originally nothing else but a way of Policy excluding the People where it attains not to a balance that is sufficient for this purpose brings forth Oligarchy or Tyranny as among the Jews And where it attains to a balance sufficient to this end produces Monarchy as in the Papacy and in all Gothic Kingdoms THE Priests of Aegypt where as it is describ'd by SICULUS their Revenue came to the third part of the Realm would no question have bin exactly well fitted with the Chirothesia pretended to by modern Divines Suppose the Apostles had planted the Christian Religion in those Parts and the Priests had bin all converted I do not think that Divines will say that having alter'd their Religion they needed to have deserted their being a third Estate their overbalance to the People their Lands their Preeminence in the Government or any part of their Policy for that and I am as far from saying so as themselves ON the other side as PAUL was a Citizen of Rome let us suppose him to have bin a Citizen of Athens and about 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to constitute the Christian Religion in this Commonwealth where any Citizen might speak to the People Imagin then he should have said thus Men of Athens that which you ignorantly seek I bring to you the true Religion but to receive this you must not alter your former Belief only but your antient Customs Your Political Assemblys have bin hitherto call'd Ecclesiae this word must lose the antient sense and be no more understood but of Spiritual Consistorys and so wher as it has bin of a Popular it must henceforth be of an Aristocratical or Presbyterian signification For your Chirotonia that also must follow the same rule insomuch as on whomsoever one or more of the Aristocracy or Presbytery shall lay their hands the same is understood by virtue of that Action to be chirotoniz'd How well would this have sounded in Aegypt and how ill in Athens Certainly the Policy of the Church of CHRIST admits of more Prudence Chap. 5 and Temperament in these things Tho the Apostles being Jews themselves satisfy'd the converted Jews that were us'd to Aristocracy by retaining somwhat of their Constitutions as the Chirothesia yet when PAUL and BARNABAS com to constitute in Popular Commonwealths they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chirotonizing them Elders in every Congregation CHAP. V.
could be no more in the point of Lawgiving than to propose to the People Nor will it be found in Scripture that the Sanhedrim ever made any Law without the People yet it is found in Scripture that the People made a Law without the Sanhedrim or levy'd War without them which is all one for where there is a power to levy War there will be the power of making Law And the occasion upon which this is found is the War levy'd against BENJAMIN by the Congregation consisting of four hundred Judg. 20. thousand Again If the Sanhedrim inherited the whole power of MOSES and yet had no larger power in Lawmaking than to propose to the People then had MOSES never any larger power in Law-making than to propose to the People Now where there is no King Book II or no King in a distinct capacity from the Senat and where the Senat has no farther power in Lawmaking than to propose to the free suffrage of the People the Government there is a Commonwealth Thus having shewn that Israel was a Commonwealth I com next to shew what Commonwealth Israel was CHAP. II. Shewing what Commonwealth Israel was Sect. 1 Division of the Children of Israel first Genealogical ALL Political Methods that are collective of the People must necessarily begin with a distribution or division of the People FOR the division of the People of Israel it was first Genealogical and then local Now these are the Names of the Ancestors of the Exod. 1. Tribes or of the Children of Israel which came into Egypt every man and his Houshold came with JACOB REUBEN SIMEON LEVI and JUDAH ISSACHAR ZEBULUN and BENJAMIN DAN and NAPHTALI GAD and ASHER These being eleven in number were the Sons of JACOB who had also one more Gen. 41. 50 51 52. namely JOSEPH And to JOSEPH were born two Sons before the years of Famin came which ASENAH the Daughter of POTIPHERAH Priest of On bore to him And JOSEPH call'd the name of the first-born MANASSEH and the name of the second call'd he EPHRAIM Which two tho but Grandchildren were adopted by JACOB for Gen. 48. 16. his Sons in these words Let my name be nam'd on them and the name of my Fathers ABRAHAM and ISAAC and let them grow into a multitude in the midst of the Earth From which addition to the former came the Tribes of Israel genealogically reckon'd to be in number thirteen In the genealogical distribution of the Tribes there were also observ'd certain Ranks Qualitys or Degrees as appears by the Poll Num. 1. made of Israel in the Wilderness of Sinai and in the Tabernacle of the Congregation by MOSES These Degrees were of two sorts first Phylarchs or Princes of Tribes and secondly Patriarchs or Princes of Familys all hereditary Honors and pertaining to the Firstborn of the Tribe or of the Family respectively That this Poll be more perfectly understood will be useful for which cause I shall be somwhat more particular First for the Phylarchs or Princes of the Tribes and then for the Patriarchs or Princes of Familys To begin with the Princes of the Tribes Sect. 2 Num. 1. 17 18. Of the Princes of â—â—ibes or the Muster Roll in Sinai MOSES and AARON assembl'd the Congregation or political Convention of the People together on the first day of the second month after their Familys by the house of their Fathers according to the number of the names from twenty years old and upward by the poll Where every Phylarch or Prince of a Tribe with the number of men at the age mention'd and upward throout his Tribe are listed much after this manner 1. OF the Tribe of REUBEN ELIZUR Prince The men of military age in his Tribe forty six thousand five hundred 2. OF the Tribe of SIMEON SHELAMIEL Prince The men of military age in his Tribe fifty nine thousand three hundred 3. OF the Tribe of JUDAH NASHON Prince The men of military Chap. 2 age in his Tribe threescore and fourteen thousand six hundred 4. OF the Tribe of ISSACHAR NETHANIEL Prince The men of military age in his Tribe fifty four thousand four hundred 5. OF the Tribe of ZEBULUN ELIAB Prince The men of military age in his Tribe fifty seven thousand four hundred 6. OF the Tribe of EPHRAIM ELISHAMA Prince The men of military age in his Tribe forty thousand five hundred 7. OF the Tribe of MANASSEH GEMALIEL Prince The men of military age in his Tribe thirty two thousand two hundred 8. OF the Tribe of BENJAMIN ABIDAN Prince The men of military age in his Tribe thirty five thousand four hundred 9. OF the Tribe of DAN AHIEZER Prince The men of military age in his Tribe threescore and two thousand seven hundred 10. OF the Tribe of ASHER PAGIEL Prince The men of military age in his Tribe forty one thousand five hundred 11. OF the Tribe of GAD ELIASAPH Prince The men of military age in his Tribe forty five thousand six hundred and fifty 12. OF the Tribe of NAPHTALI AHIRA Prince The men of military age in his Tribe fifty three thousand four hundred THE total sum of which Musterroll in the twelve Tribes amounts to Princes twelve and men of military age six hundred three thousand five hundred and fifty besides the Levits The Levits Call Order or Tribe Num. 3. 12 13. ALL the firstborn says God are mine In which words is imply'd Sect. 3 that the Priesthood or right of preaching instructing or administring divine things belong'd as it were of natural right to Fathers of Familys or the Firstborn till the Lord took the Levits from among the Children of Israel instead of the Firstborn These being thus taken were set apart and so listed by themselves to omit their several Familys Functions and Orders in the service of the Tabernacle and afterwards of the Temple which would require a Volum much after this manner OF the Tribe of LEVI AARON High Priest The number of all the Males of this Tribe from a month old and upwards twenty v. 39. and two thousand The manner how God took the Levits is thus express'd Thou shalt bring the Levits before the Tabernacle of the Congregation Num. 8. 9 10 11 12. and thou shalt gather the whole Assembly together and the Children of Israel after the manner that the Levits lay their hands upon the Bullocks or Sacrifice shall put their hands upon the Levits in token that they are sacrific'd or separated by the free suffrage of the People to the Lord. For lest the suffrage of the People be thought hereby to have bin excluded so DAVID and the Captains of the Host or Army 1 Chr. 25. which Army was the Representative of the People separated to the service som of the Sons of ASAPH of HEMAN and of JEDUTHUN who should prophesy with Harps But of the Congregations of the People more in due place The Military Orders Grot. ad Num. 10.
THE hereditary Right more specially belonging to the Phylarchs Sect. 4 or Princes of the Tribes consisted as that of the Kings of Lacedemon of Athens and of Rome in the leading of the Armys of the Commonwealth which was distributed to them in this manner The twelve Tribes were divided into four Brigades every Brigade consisting of three Tribes The leading of the first Brigade pertain'd to Book II JUDAH who in his Standard bore a Lion The leading of the second Brigade belong'd to REUBEN who in his Standard bore a Man The leading of the third Brigade belong'd to EPHRAIM who in his Standard bore an Ox. The leading of the fourth Brigade belong'd to DAN who in his Standard bore an Eagle These four by the text Num. 10. 14 18 22 25. are term'd Standards of the Camp which were as the Roman Eagles Furthermore as the subdivisions of the Roman Legions had their proper Insigns so had the Tribes here which had not the leading of a Brigade of the Camp The Insigns of these Tribes were call'd Staves as the Staff of the Children of ISSACHAR the Staff of the Tribe of ZEBULUN which follow'd the Standard of JUDAH The Staff of the Tribe of SIMEON the Staff of the Tribe of GAD which follow'd the Standard of REUBEN The Staff of the Tribe of MANASSEH the Staff of the Tribe of BENJAMIN which follow'd the Standard of EPHRAIM The Staff of the Tribe of ASHER the Staff of the Tribe of NAPHTALI which follow'd the Standard of DAN All which Insigns or Staves in our English Translation are render'd Hosts or Armys Num. 3. IN the midst of these four Squadrons or Brigades stood the Tabernacle with the Levits divided and distributed by their distinct Familys to the several uses and carriages of the same and lodg'd upon the four quarters WHEN the Ark set forward or the Camp remov'd these words were with solemnity pronounc'd by the General or by the High Priest Num. 10. 35. Rise up Lord and let thy Enemys be scatter'd and let them that hate thee fly before thee OF the Martial Disciplin in which the Youth in Israel were educated to these ends there was certainly more than is remaining in story But that their Popular Assemblys were all held in Military Order and Disciplin and that the deserters of the Militia were anathematiz'd confiscated or put to the sword will in due time be made sufficiently apparent For the present you have the Israelitish Musterroll being of a like nature with that in Athens call'd Lexiarcha and that in Rome call'd Census Nor has any Commonwealth bin well order'd in its Militia which has not bin diligent in the institution and preservation of the like Military Rolls or Registers Hitherto of the Phylarchs or Princes of the Tribes the next rank or quality in this Government was that of the Patriarchs or Princes of Familys Sect. 5 THE word Family in many places of Scripture is not to be taken The Patriarchs chief of the Fathers or Princes of Familys with a Catalog of the same Num. 26. for a single Houshold but as we take the word in Heraldry that is for a Lineage or Kindred The Patriarchs in Israel taken in this sense were such as till of late years in Scotland were they that could lead the whole Name or Kindred and be follow'd by them The Familys in Israel of this kind that were greatest about the plantation of the Commonwealth were of REUBEN the Henochits the Phalluits the Hesronits and the Charmits OF SIMEON the Namuelits the Jamnits the Jachenits the Zarits and the Shaulits OF GAD the Zephronits the Haggits the Shunits the Oznits the Erits the Arodits and the Arelits OF JUDAH the Shelanits the Pharzits the Zarhits the Hesronits and the Hamulits OF ISSACHAR the Tholaits the Punits the Shuhits and the Shimranits OF ZABULUN the Sardits the Elonits and the Jahleelits Chap. 1 OF MANASSEH the Machirits the Galeadits the Jeezrits the Helekits the Asrielits the Sechemits the Shemidaits and the Hepherits OF EPHRAIM the Shuthalaits the Bachtits the Tahanits and the Eranits OF BENJAMIN the Belaits the Ashbelits the Ahiramits the Shuphamits the Huphamits the Ardits the Heredits and the Naamits OF DAN the Suhamits OF ASHER the Jimnits the Jessuits the Britts the Heberits and the Melchielits OF NAPHTALI the Jazrielits the Gunits the Jeserits and the Shillemits OF LEVI the Gersonits the Caharits and the Merarits The heads of these were such as are call'd Patriarchs Princes heads of Familys or chief of the Fathers FAMILYS tho far less subject than in other Governments to decay or increase might at divers times be different in Israel as after BENJAMIN was destroy'd or after DAVID had rais'd his own and many other But thus were the Familys at this time sixty the Tribes being as was shewn before thirteen IN the first institution of the Tribes of Rome that is Ramnenses Titienses and the Luceri they were also generalogical but long it held not so genealogical divisions in a Commonwealth being for the most part of greater danger than use but whether Genealogys be observ'd or not the local way of division is of absolute necessity Of the Lot or Ballot of Israel TO insert the Geography of the Israelitish Tribes would be as Sect. 6 burdensom both to the Reader and my self as needless to either But the manner how the Tribes became local was thro the distribution of the Land of Canaan by Lot and intailing the Lands so distributed upon the Proprietors and their Heirs for ever without power of alienation in any such manner as to deprive their Posterity The Lot or Ballot in Israel was specially of three uses one for election of Magistrats another for the discovery of som secret Malefactor and a third for the division of Lands To which three heads I hope to reduce the whole History of their Government and this work once perform'd it will be easy to represent the Commonwealth in its Political method TO begin with the election of Magistrats it was perform'd somtimes by the Lot without Suffrage and somtimes by the Ballot that is by a mixture of Lot and Suffrage For the clearer discovery of the Order in Elections I must invert the Order of the Magistrats elected and begin with the King then procede to the Judg and com last of all to the Sanhedrim and the inferior Courts THE Instruments us'd upon these occasions were first Lots som Blanks and som Prizes then Urns that is Pots into which these Lots were cast and out of which they were afterwards drawn or given forth by what Officers or with what farther Solemnity dos not appear Manner of electing the King 1 Sam. 8. 7 22. 1 Sam. 10. 17. WHEN the People would needs have a King SAMUEL being Sect. 7 their Judg did that tho against his will which nevertheless was no more than his duty that is first hearken'd to the voice of the People or obey'd their Vote Secondly Call'd the People together
to the Lord to Mizpeh The political Assembly or Congregation of the People Book II of Israel was call'd Ecclesia Dei the Congregation of the Lord as it Judg. 20. Deut. 23. ought to have bin exprest in the Trial of BENJAMIN and is in som places by our Translation as where an Eunuch or one unfit for marriage with a Daughter of Israel which capacity was necessary to the being inrol'd of a Tribe a Bastard as dishonorable an Ammonite or Moabite as descended of perfidious Nations shall not enter into the Congregation of the Lord that is shall not have right of suffrage with the People of Israel So SAMUEL by calling For the Assembly of the Congregation at Mizpeh see Judg. 10. 17. 11. 11. 20. 1. 21. 1. 1 Sam. 7. 6 16. the Congregation of the Lord or the People together to the Lord in Mizpeh the place before the taking of Jerusalem where they always held their Parlaments or political Assemblys did the office of the like Magistrats in Commonwealths The People being thus assembl'd for to be brief I must procede with conjectures which at first sight will seem bolder than really they are SAMUEL causing the Urns to be set forth pronounc'd the solemn form of words in use upon the like 1 Sam. 10. 19. occasion which were these Present your selves before the Lord by your The Military Order of Political Congregations in Israel see Chap. 3. Tribes and by your thousands The political Assemblys of the Children of Israel were held or gather'd as we say with Drums beating and Colors flying and if it were an extraordinary Congregation that is a Congregation consisting of the whole People as this and that for the trial of BENJAMIN the Princes of the Tribes with their Staves and the Standards of the Camp in the order shewn led up the People to the Urns or Ballot Wherfore upon these words of SAMUEL the Princes march'd in their known disciplin to the Urns. The Urns were two in the one were twelve Lots inscrib'd with the names of the twelve Tribes in the other were also twelve other Lots wherof eleven were Blanks and the twelfth inscrib'd with som word What the Israelitish word was dos not appear the Roman word upon the like occasion was Prerogative wherfore seeing that which is lost must have bin of a like nature we may for discourse sake presume it to have bin the same in Israel V. 20. The Prerogative Tribe as in Rome And when SAMUEL had caus'd all the Tribes of Israel to com near the Tribe of BENJAMIN was taken That is the name of this Tribe being drawn out of the one Urn to it was drawn the word Prerogative out of the other Urn which being don the Urns were chang'd or at least the Lots And wheras in the enumeration of the Patriarchs I shew'd by a catalog of their Names that the whole Tribe of BENJAMIN consisted of seven Familys seven names by that account should have bin cast into the one Urn and as many Lots into the other one of them being inscrib'd with the word Prerogative and the other six being Blanks But both the names and the number of Familys at this Ballot are most likely to have bin quite otherwise than in the Judg. 20. 2. Catalog because since that time the Tribe of BENJAMIN had in the far greater part bin destroy'd and piec'd up again out of a Remnant so for the number of the Familys or the names of them I can say nothing But the Urns being thus prepar'd came BENJAMIN as now the Prerogative Tribe to the Urns by Familys And when SAMUEL had caus'd the Tribe of BENJAMIN to com near by their Familys the Family of MATRI which is a new one was taken that is lighting in the manner shewn upon the Prize became the Prerogative Family This don the Lots were again chang'd and so many others as there were Housholds in the Family of MATRI for Jâ—â—â— 7. 14 16 17 18. so you will find it in the trial of ACHAN were cast into the Urns. Thus the Houshold of KISH coming to be the Prerogative Houshold Chap. 1 and so many Lots as there were men of that Houshold being cast into the Urns wherof the Prize was inscrib'd King came the Houshold of KISH man by man and SAUL the Son of KISH was taken That miraculous designation of Magistats in a Common-wealth was never understood to exclude the free Suffrage of the People in their Election WE find it recorded by LIVY of TARQUINIUS PRISCUS Sect. 8 and of SERVIUS TULLIUS that before either of them was King the one had his hat taken off and carry'd up by an Eagle the other had a flame resting upon his forehead by which it was firmly believ'd that each of them was design'd of the Gods to be King yet was this never so understood by themselves or any other as to exclude the right of popular Suffrage in their Election by which PRISCUS reign'd or to create an opinion that any man ought to be King of Rome whom the People had not first commanded to reign over them to whose Election therfore SERVIUS tho in possession of the Throne thought it his best way to refer himself Far be it from me to compare Prodigys among Heathens to Miracles in the Church But each People had of each a like opinion Both Israel and the Heathens began their popular Assemblys with Sacrifice In order to the election of SOLOMON the Representative of Israel 1 Chron. 29. 21 22. sacrific'd Sacrifices to the Lord even a thousand Bullocks a thousand Rams and a thousand Lambs with their Drink-offerings and Sacrifices in abundance for all Israel And when they had thus don what Magistrats soever the Israelits or the Heathens elected they always understood to be elected by God The Lot is cast into the lap but the Prov. 10. 33. whole disposing therof is of the Lord. And indeed wheras in this manner they made SOLOMON King and ZADOC to be Priest if we will hold otherwise we must think that neither the King nor the Priest was elected by God A man that is elected to som great Office by a King rightly qualify'd must have little Religion or hold himself to be rais'd up by God Why then should it be otherwise when a Magistrat is elected by a People rightly qualify'd Or what consequence is there in saying that SAUL was anointed by SAMUEL before he was elected by the People or that God rais'd them up Judges therfore neither SAUL nor the Judges were elected by the People That God elected the Kings in Israel is certain and that the People no less for that did also elect the Kings is as certain One from among thy Brethren shalt thou that is thou the People of Israel Deut. 17. 15. set King over thee That God rais'd up Judges in Israel is certain and that the People no less for that did also elect the Judges is
of the Land as of the measure Now supposing this Law to have bin in the whole and methodically executed the Canaanits must first have bin totally rooted out of the Land of Canaan which Land in that case as som affirm would have afforded to this Commonwealth a Root or Balance consisting of three millions of Acres Hecateus apud Joseph cont Ap. These reckoning the whole People in the twelve Tribes at six hundred and two thousand which is more than upon the later Poll they came to would have afforded to every man four Acres to every one of the Patriarchs upon the poll of the foregoing Catalog where they are sixty four thousand Acres to every one of the Princes of the Tribes fourteen thousand Acres to the Levitical Citys being forty eight each with its Suburbs of four thousand Cubits diameter one hundred thousand Acres and yet for extraordinary Donations as to JOSHUA and CALEB of which kind there were but few som eighty thousand Acres might remain Now it is true four Acres to a man may seem but a small Lot yet the Roman People under Romulus and long after had but two And it may very well be that one Acre in Canaan was worth two in Italy especially about Rome and four in England tho of the best sort and if so it were that four Acres in Palestin were worth sixteen of our best such a Lot at our account might be worth about thirty or forty pounds a year which for a popular share holding that rate thro the whole body of a People was a large proportion By this estimat or what possibly could be allow'd to the Princes of the Tribes and of the Familys their share came not to a sixth of the whole so the rest remaining to the People the Balance of this Government must have bin purely popular It is true that in the whole this Law of MOSES for the division of the Land was never executed but that in the parts som such course was taken is plain for example in the division to seven Tribes where JOSHUA proposes to the People in this manner Give out from among Josh 18. 4. you three men for each Tribe and they shall go thro the Land and describe Book II it The People having resolv'd accordingly these went and pass'd thro the Land and describ'd it by Citys into seven parts in a Book and came again to JOSHUA to the Host at Shiloh And JOSHUA cast Lots for them in Shiloh before the Lord and there JOSHUA divided the Land to the Children of Israel according to their divisions It were absurd to think that this Lot determin'd of proportions for so a mean man might have com to be richer than the Prince of his Tribe but the proportions allotted to Tribes being stated tho at first but by guess and entred into the Lot Book of the Surveyors who says JOSEPHUS were most expert in Geometry the Princes came first to the Urns wherof the one contain'd the names of the Tribes that were to draw the other the names of those parcels of Land that were to be drawn first to a whole Tribe Thus the name of a Tribe for example BENJAMIN being drawn out of one Urn to that name a parcel was drawn out of the other Urn for example the Country lying between Jericho and Bethaven This being don and the Prince of the Tribe having chosen in what one place he would take his stated and agreed proportion whether of fourteen thousand Acres or the like the rest of the Country was subdivided in the Lot Book according to the number of Familys in the Tribe of this Prince and the Parcels subdivided being cast into the one Urn the names of the Patriarchs into the other the same Tribe came again by Familys Thus every Patriarch making choice in what one part of this Lot he would take his agreed proportion whether of four thousand Acres or the like the remainder was again subdivided in the Lot Book according to the number of names in his Family if they were more than the parcel would furnish at four Acres a man then was that defect amended by addition out of the next parcel and if they were fewer then the overplus was cast into the next parcel By such means the People came or might have com in the whole and in every part to the Lot of their Inheritance while every Tribe that was thus planted became local Num. 36. 3. without removal Neither shall the Inheritance remove from one Tribe to another Tribe but every one of the Tribes of the Children of Israel shall keep himself to his own Inheritance Sect. 13 The Portion of Levi. Josh 21. 4 5 6. Num. 18. 20. Deut. 10. 9. Deut. 18. 1. THE Tribes thus planted or to have bin planted were twelve The thirteenth or that of LEVI came in the like manner to the Lot for their forty eight Citys with their Suburbs and receiv'd them accordingly as the Lot came forth for the Familys of the Kohathits and the rest These Israel gave to the Levits out of their Inheritance That is these were such as the twelve Tribes before the division set apart for the Levits with the Tithes and the Offerings which tho this Tribe had no other Lands made their portion by far the best The Tribes being henceforth reckon'd by their locality and these forty eight Citys being scatter'd throout the twelve Tribes that of LEVI was no more computed as a distinct Tribe but lost as it were the name yet with advantage for to their promiscuous abode they had the right of promiscuous marriage no more in this point Ezek. 44. 22. being injoin'd any of them than to take Maidens of the Seed of Israel or at least the Widows of Priests And as in the Tribes where they dwelt they had promiscuous Marriage so had they right of promiscuous Election that is of electing and being elected into all the Magistracys and Offices of the Commonwealth which they so frequently injoy'd that the Sanhedrim is somtimes understood by their names If there arises a matter too hard for thee in judgment thou shalt Chap. 2 com to the Priests the Levits Between the Law and the Religion of Deut. 17. 8. this Government there was no difference whence all Ecclesiastical persons were also Political persons of which the Levits were an intire Tribe set more peculiarly apart to God the King of this Common-wealth from all other cares except that only of his Government Thus MOSES did that with the safety of Liberty in Israel which LYCURGUS could not do in Lacedemon but by condemning the Helots to perpetual Slavery For wheras without these to be Tillers of the Ground the Citizens of Lacedemon could not be at leisure for the Commonwealth the Children of Israel might imploy themselves in their domestic Affairs as they requir'd with safety while the Levits bore the burden of the Government or in case either their privat Affairs permitted or their