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A87137 The prerogative of popular government. A politicall discourse in two books. The former containing the first præliminary of Oceana, inlarged, interpreted, and vindicated from all such mistakes or slanders as have been alledged against it under the notion of objections. The second concerning ordination, against Dr. H. Hamond, Dr. L. Seaman, and the authors they follow. In which two books is contained the whole commonwealth of the Hebrews, or of Israel, senate, people, and magistracy, both as it stood in the institution by Moses, and as it came to be formed after the captivity. As also the different policies introduced into the Church of Christ, during the time of the Apostles. By James Harrington. Harrington, James, 1611-1677. 1657 (1657) Wing H820; Thomason E929_7; ESTC R202382 184,546 252

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think that he would go about to alter or weed out the best where they had taken like Root That this administration of the Jews was of the very worst is clear in the nature of the politicks there being no example of a pure Aristocracy or of a Senate such as was now the Sanhedrim without a popular ballance that ever governed with Justice or was of any continuance Nor was the Chiroth sia by which means this work came to effect in Israel introduced by the prudence of God but by the corrupt arts of men Now that the Governments at the same time of the Gentiles all ballanced by the Chirotonia of the people were in their Nature more excellent and indeed more accomodated unto antient prudence as it was introduced by God himself in the Common-wealth of Israel hath been already sufficiently proved Nevertheless to refresh your memory with one example more Crete having been as is affirmed by the consent of Authors the most antient and the most excellent Common-wealth in humane Story was founded by Rhadamanthus and Minos an age before the Trojan War These were held to have learnt their arts by familiar discourse with Jupiter and from point to point to have framed their modell according unto his direction Nor though all acknowledg Minos to have been a King did he found his Government upon any other than a popular ballance or a fundamental regard unto the Liberty of the people For the whole Common-wealth was made up of these three parts The Colledge The Senate and the People The Colledge consisted of the Annual Magistrates called the Cosmi these had the whole extentive power s●me in leading forth the Armies and others in judging the people which functions were accordingly assigned by the Orders unto each in particular that which was common unto them all was to propose such things as they had debated or prepared in their Colledg or Council unto the Senate The Senate being Elective for life was the Council unto which appertained the Debate of what ever was to be proposed unto the Congregation The Congregation or Assembly of the people of Crete had not the right of Debate but in enacting of Laws and election of Magistrates had the ultimate result of the Common-wealth such was the copy after which Lycurgus wrote himself so famous a Legislator And thus stood this frame unto the six hundred and eight year of Rome when this people having been too favourable unto Pyrates then infesting those Seas turned the arms of the Romans upon themselves and by these under the conduct of Quinctus Metellus thence called Creticus Crete was made a Province though the chief Cities being first freed it should seem by Cicero's second Oration against Anthony that the whole Island was at length restored unto her antient Liberty However by the manner observed by the Romans as was shewn in Provincial Government the Gities under their Magistrates who while the Common-wealth was a Province perhaps might have exercised the Office of the Cosmi were not yet deprived of their popular Assemblies at least in their distinct Cities electing all Magistrates for their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 peculiar or domestick Government such was the state of Crete when Paul having appealed from the Iews unto Casar and being thereupon conducted by Sea towards Rome touched in his way upon this Island where he left Titus to constitute Elders in every City The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Constitate our Divines will have to signifie Ordain by Imposition of Hands and Imposition of Hands fo signifie an Act of power excluding the people But why Paul who among the Jews had complyed with their customes should enjoyn or how Titus had it been so enjoyned should accomplish this where the power was Popular they have not shewn nor considered To introduce Religion or Government there be but two ways that is to say either by perswasion or by force To perswade the people of Crete in whom was the power unto this new way of Ordination Titus must have spoken to this effect Men of Crete Minos being a King could not choose but have a natural inclination unto popular power wherefore his pretence that Jupiter told him Power was to be in the people may be suspected to have been imagined meerly for his own ends or this is a certain signe that Jupiter is no true but a feigned god seeing the true God will have it that the people should have no power at all but that such upon whom his Embassadors shall confer power be without all dispute obeyed How are you starting at this are you solicitous for your Common-wealth it is true that upon carnall principles or humane prudence without power in the people there can be no Common-wealth but Israel was a Common-wealth without power in the people Where Moses made all the Laws by the power invested in him by God and created all the Magistrates not by popular suffrage but by his Chirotonsia Wherefore Men of Creet know ye that on whomsoever I lay my hands the same is in all spiritual affairs or matter of Church-government to be obeyed by you after the sam manner that you have hitherto obeyed such Magistrates or Priests as have been ordained by your own Election or Chirotonia Of what other nature the Arguments of Titus to the pretended purpose could have been I am not able to imagine nor how this should have done less than provoke the people unto a dangerous jealousie of such a Doctrine But Divines to set all straight think it enough to repeat the words of Paul to Titus in Greek For this cause left I thee in Crete 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that thou shouldst ordain Elders in every City It is true that Demosthenes speaketh somewhat like words concerning the expedition of Phillip of Macedon in Peloponesus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when he had ordained Tyrants in every City but then Philip had an Army what Army did Paul leave with Titus or if he ordained his Elders neither of these two ways I see no other than that only by the known and legal Chirotonia or Suffrage of the people But if this be clear the Clergy come from Crete not upon the wings of Titus but of Icarus whose ambitious wax is dissolved by the Sun So much I conceive is now discovered concerning Church-government as may shew that it was not of one but of three kinds each obnoxious unto the nature of the civil Government under which it was planted in as much as the Chirotonia or ballot of Israel being first introduced pure and without any mixture as at the Ordination of Mathias came aftewards to receive some mixture of the Chirothesia as in the ordination of Stephen and last of all by excluding the people to degenerate wholly into the Chirothesia of the Presbytery as in the ordination of Timothy all this by the testimony of Scripture and in the purest times even the age of the Apostles Whence my undertaking to shew that as
dead though he soon after recovered and went thence with Barnabas unto Derbe when they had propagated the Gospel there also they returned unto Lystra Iconium and Antiochia confirming the Disciples whom they had converted Now because the propagation of the Gospel required that the Apostles should be moving through divers Nations They chirotonizing them Elders in every Congregation or Church that is ordaining them Elders by the votes of the people in every City left them to perform the duties of the absent Apostles and when they had fasted and prayed commended them unto the Lord. These things being brought to a conclusion or finished at Antioch in Pisidia when they had perambulated this Country they also visited Pamphylia sowing the Gospel where it was not yet sown and confirming those who already believed till they came to Perga where having ordered their affairs they proceeded to Attalia being a Maritimate City of Pamphylia and from thence they sailed back unto Antioch of Syria whence first they set out with Commission from the Elders to preach the Gospel unto the Gentiles and where by the Chirothesia or Imposition of Hands Prayer and Fasting they had been recommended to the grace of God and designed unto the work now finished In this Narrative you have mention both of the Chirotonia and of the Chirothesia or Imposition of Hands but of the former as of Ordination For by that such were made Presbyters or Church Officers as were not so before of the latter not I think as of Ordination at least in the sense we now take it but as of designation of Persons unto an occasional and temporary Imployment that had been ordained before for so sure had Paul at least howsoever that which is offered by this Narrative unto present consideration is no more than the bare story CHAP. II. That the Cities or most of them named in the Perambulation of the Apostles Paul and Barnabas were at that time under popular Government In which is contained the administration of a Roman Province THe Romans of all Nations under Heaven were indowed as with the highest vertues so with the greatest humane glory which proceeded from this especially that they were in love with such as were in love with their Libertie as to begin with their dawn The Privernates a free People inhabiting the City and parts adjoyning which at this day is called Piperno some fifty miles from Rome and five from S●sse being the second time conquered by the Romans It was consulted in the Senate what course should be taken with them where while some according unto the different temper of Men shewed themselves hotter and others cooler One of the Privernates more mindfull of the condition wherein he was born than of that wherein he was fallen happen'd to render all more doubtfull for being asked by a Senator of the severer Judgement what punishment he thought the Privernates might deserve Such sayes he as they deserve that believe themselves worthy of Liberty At the courage of which answer the Consul perceiving in them that had been vehement enough before against the Privernates but the greater animosity to the end that by a gentler interrogatory he might draw forth some softer answer replyed And what if we inflict no punishment at all but pardon you what peace may we expect of you why if you give us a goodone said the other a steddy and perpetual peace but if an ill One not a long One. At which a certain Senator falling openly upon ruffling and threatning the Privernate as if those words of his tended unto some practise or intention to stir up the Cities in peace to sedition the better part of the Fathers being quite of another mind declared That they had heard the voice of a Man and of a Freeman For why said they should it be thought that any Man or people will remain longer under such a burthen as they are not able to bear then till they can throw it down There a peace is faithfull where it is voluntary if you will have slaves you are not to trust them but their fetters To this opinion the Consul especially inclining inclined others while he openly professed That they who had no thought but upon their liberty could not but be thought worthy to be Romans whereupon the Decree past by Authority of the Fathers which was afterwards proposed unto the Congregation and ratified by the Command of the people whereby the Privernates were made Citizens of Rome Such was the Genius of the To man Common-wealth where by the way you may also observe the manner of her debate and result Authoritate Patrum Jussu populi by the advice of the Senate and the Chirotonia of the people But that which in this place is more particularly offer'd unto consideration is her usual way of proceeding in case of Conquest with other Nations for albeit bearing an haughty brow towards such as not contented to enjoy their liberty at home would be her Rivals abroad she dealt far otherwise as with Carthage This case excepted and the pilling and polling of her Provinces which hapned through the Avarice and Luxury of her Nobility when the ballance of popular Power being broken her Empire began towards the latter end to languish and decline the way which she took with the Privernates was that which she usually observed with others throughout the course of her Victories and was after the change of Government made good at least in some part by the Roman Emperors under whom were now those Cities mentioned in the present perambulation of the Apostles Paul and Barnabas Strabo for his Credit among Humane Autors is equall unto any he lived about the time of this perambulation and being a Greek is less likely to be partial Of that therefore which I have affirmed to have been the course of the Romans in their Victories I shall make choice of this Author for a Witness first where he Epitomiseth the Story of Athens after this manner When the Carians by Sea and the Baeotians by Land wasted Attica C●crops the Prince to bring the people under shelter planted them in twelve Cities Cecropia Tetrapolis Epacrea Decelea Eleusis Aphydna Thoricus Brauron Cytherus Sphettus C●phissia Phalerus which Theseus is said to have contracted into one called Athens The Government of this City had many changes at the first it was Monarchical then popular This again was usurped by the Tyrants Pisistratus and his Sons whence recover'd it fell afterwards into the hands of the Few as when the four hundred once and again the thirty Tyrants were imposed by the Lacedemonians in the war of Peloponesus which yoke the Athenians by means of their faithful Army shaking off restored their popular government and held it untill the Romans attained unto the Dominion of Greece Now though it be true that they were not a little disturbed by the Kings of Macedon unto whom they were forced to yeild some kind of Obedience they nevertheless preserved the form
of their Common-wealth so intire that there be who affirm it never to have been better administred than at such time as Macedon was governed by Casander for this Prince though in other thinge more inclining towards the Tyrant having taken Athens by surrender used not the People ill but made Demetrius Phalerius the Disciple of Theophrastus the Philosopher chief Magistrate among them a Man so far from ruining their Popular State as in the Commentaries he writ upon this kind of Government is attested that he repaired it Nevertheless whether suspected or envied for his greatness with or support by the Macedonian after the death of Casander he fled into Aegypt while his Enemies breaking down his Statues as some say made homely Vessels of them But the Romans having received the Athenians under their popular form left them their Laws and Liberties untouched till in the war with Mithridates they were forced to receive such Tyrants as that King was pleased to give them whereof Aristion the greatest when the Romans had retaken the City from him being found trampling upon the people was put to death by Sylla and the City pardoned which to this day he writ about the Reign of Tyberius not only enjoyes her liberties but is high in honour with the Romans This is the testimony of Strabo agreeing with that of Cicero where disputing of divine providence he saith that to affirm the world to be governed by chance or without God is as if One should say that Athens were not governed by ohe Areopagites Nor did the Romans by the deposition of the same Author or indeed of any other behave themselves worse in Asia the scene of our present discourse where the same Paul of whom we are speaking being born at Tarsus a City of Cilicia that had acquired like or greater priviledg by the same bounty was also a Citizen of Rome then in Greece Asia is understood in three significations First for the third part of the world answering to Europe and Africa Secondly for that part of Asia which is now called Natolia Thirdly for that part of it which Attalus King of Pergamum dying without Heirs bequeathed and left unto the People of Rome this contained Mysia Phrygia Aeolis Jonia Caria Doris Lydia Lycaonia Pisidia and by consequence the Cities whereof we are speaking to all these Countries the Romans gave their liberty till in favour of Aristonicus the Bastard of Eumenes many of them taking Arms they were recovered brought into subjection and framed into a Province When a Consul had conquered a Country and the Romans intended to form it into a Province it was the custome of the Senate to send Decem Legatos ten of their Members who with the Consul had power to introduce and establish their provincial way of Government In this manner Asia was formed by M. Aquillius Consul afterwards so excellently reformed by Scaevola that the Senate in their Edicts used to propose his Example unto succeeding Magistrates and the Inhabitants to celebrate a Feast unto his Name Nevertheless Mithridates King of Pontus all the Romans in this Province being massacred in one day came to possesse himself of it till it was recovered at several times by Sylla Murena Lucullus and Pompey The Romans in framing a Country into a Province were not accustomed to deal with all the Inhabitants of the same in a like manner but differently according to their different merit Thus divers Cities in this were left free by Sylla as those of the Ilienses the Chians Rhodians Lycians and Magnesians with the Cizicens though the last of these afterwards for their practises against the Romans forfeited their liberty unto Tiberius in whose Reign they were for this reason deprived of the same Taking Asia in the first sense that is for one third part of the world the next Province of the Romans in this Country was Cilicia containing Pamphilia Issauria and Cilicia more peculiarly so called here Cicero was sometimes Pro-Consul in honour unto whom part of Phrygia with Pisidia and Lycaonia were taken from the former and added unto this Jurisdiction by which means the Cities whereof we are speaking came to be of this Province adjoyning hereunto was the Common-wealth of the Lycians which the Romans left free Into this also the City of Attalia by some is computed but Iconium both by Scrabo and Cicero the latter whereof being Pro-Consul in his journey from Laodicea was received by the Magistrates and Deputies of this City Lystra and Derbe being Cities of Lycaonia must also have been of the same Province Next unto the Province of Cilicia was that of Syria containing Comagene Seliucia Phaenicia Caelosyria and Judea or Palestine In Seleucis were the four famous Cities Seleucia Antiochia Apamea the last entire in her liberty and Laodicea Comagene and Judea were under Kings and not framed into Provinces till in the time of the Emperors The fourth Province of the Romans in Asia was that of Bithymia with Pontus these were all acquir'd or confirmed by the Victories of Pompey the Great Strabo who was a Cappadocian born at Amasia relates a story worthy to be remembred in this place From the time saith he that the Romans having conquered Antiochus became Moderators of Asia they contracted leagues of amity with divers Nations where there were Kings the honour of addresse was deferr'd unto them with whom the Treaties that concerned their Countries were concluded But as concerning the Capad cians they treated with the whole Nation for which cause the royal Line of this Realm coming afterwards to fail the Romans gave the people their freedom or leave to live under their own Laws and when the people hereupon sending Ambassadors unto Rome renounced their Liberty being that to them which they said was intolerable and demanded a King The Romans amazed there should be Men that could so far despair permitted them to chose of their own Nation whom they pleased so Ari●barzanes was chosen whose Line again in the Third Generation coming to fail Archelaus was made King by Anthony where you may observe in passing that the Romans imposed not Monarchical Government but for that matter used to leave a people as they found them thus at the same time they left Pontus under King Mithridates who not containing himself within his bounds but extending them afterwards as far as Cholchis and Arm nia the lesse was reduced unto his Termes by Pompey who divesting him of those Countries which he had usurped distrihuted some part of them unto such Princes as had assisted the Romans in that War and divided the rest into twelve Common-wealths of which added to Bythynia he made one Province When the Roman Emperors became Monarchs they also upon like occasions made other distributions constituting Kings Princes and Cities some more some lesse some wholly free and others in subjection unto themselves Thus came a good if not the greater part of the Cities in the Lesser Asia and the other adioyning Provinces to be some
more some less free but the most of them to remain Common-wealths or to be erected into Popular Governments as appears yet clearer by the intercourse of Pliny while he was Praetor or Governor of Bythinia with his Master the Emperor Trajan a plece of which I have inserted in the Letters following Pliny to Trajane SIR IT is Provided by Pompeys Laws for the Bythinians that no Man under Thirty years of Age be capable of Magistracy or of the Senate by the same it is also established that they who have born Magistracy may be Senators Now because by a latter Edict of Augustus the lesser Magistracies may be born by such as are above One and twenty there remains with me these doubts whether he that being under Thirty hath born Magistracy may be elected by the Censors into the Senate and if he may whether of those also that have not born Magistracy a Man being above one and twenty seeing at that age he may bear Magistracy may not by the same interpretation be Elected into the Senate though he have not born it which is here practised and pretended to be necessary because it is somewhat better they say that the Senate be filled with the children of good Families than with the lower sort My opinion being asked upon these points by the new Censors I thought such as being under Thirty have born Magistracy both by Pompey ' s Laws and the Edict of Augustus to be capable of the Senate seeing the Edict allows a man under Thirty to bear Magistracy and the Law a Man that hath born Magistracy to be a Senator But as to those that have not born Magistracy though at the age in which they may bear it I demurr till I may understand your Majesties pleasure unto whom I have sent the Heads both of the Law and of the Edict Trajane to Pliny YOu and I dearest Pliny are of one mind Pompey ' s Laws are so far qualified by the Edict of Augustus that they who are not under One and twenty may bear Magistracy and they who have born Magistracy may be Senators in their respective Cities but for such as have not born Magistracy though they might have born it I conceive them not Eligigible into the Senate till they be thirty years of age Pliny to Trajane SIR POwer is granted unto the Bythinian Cities by Powpey's Law to adopt unto themselves what Citizens they please so they be not forreigners but of the same Province By the same Law it is shewn in what cases the Censors may remove a man from the Senate Among which nevertheless it is not provided what is to be done in case a forreign Citizen be a Senator Wherefore certain of the Censors have thought fit to consult me whether they ought to remove a man that is of a forraign City for that cause our of the Senate Now because the Law though it forbid the adoption of a forreigner commandeth not that a Forraigner for that cause should be removed out of the Senate and I am informed there be forreign Citizens almost in every Senate so that many not only Men but Cities might suffer concussion by the restitution of the Law in that part which through a kind of consent seemeth to be now grown obsolete I conceive it necessary to have your Majesties resolution in the case to which end I have sent a Breviate of the Law annexed Trajane to Pliny VVIth good cause dearest Pliny have you doubted what answer to return unto the Censors enquiring whether they ought to Elect a man into the Senate that is of another City though of the same Province seeing on the one side the authority of the Law and of custome on the other to the contrary might well disorder you To innovate nothing for the time past I think well of this expedient they who are already elected Senators though not according unto the Law of what City soever they be may remain for the present but for the future Pompey ' s Laws should return to their full virtue which if we should cause to look back might create trouble This might serve but there will be no hurt in being a little fuller in the discovery of Provincial Government The Provinces so framed as hath been shewn were subdivided into certain Circuits called Diocesses That of Asia had six Alabandae Sardes antiently the seat of Craesus Smyrna Ephesus Adramytis Pergamum That of Cilicia had also six the Pamphilian Issaurian and Cilician the Metropolis whereof was Tarsus a free City To these were taken out of the Province of Asia Cibyra Sinnadae Apamea what were the Diocesses of the other two Sigonius whom I follow doth not shew At these in the Winter for the Summer was spent commonly with the Army the people of the Province assembled at set times as at our Assizes where the Roman Governors did them Justice The Governors or Magistrates unto whose care a Province was committed were of two kinds the first and chief was Consul or Praetor which appellations differ'd not in power but in dignity that of Consul being more honourable who had twelve Lictors whereas the Praetor had but six if the annuall Magistracy of either of these came to be prorogued he was called Pro-Consul or Pro-Praetor The second kind of Magistrate in a Province was the Quaester Receiver or Treasurer who being also annual was attended by Lictors of his own if he dyed within his year the the Consul Pro-Consul or Praetor might appoint one for that time in his place who was called Pro-Questor The power of the Consul Pro-Consul or Praetor was of two kinds the one Civil the other Military the former called Magistracy the latter Empire The pomp of these assuming and exercising their Magistracy was reverent the Consul or Pro-Consul had Legates sometimes more but never under three appointed him by the Senate these were in the nature of Counsellors to assist him in all affairs of his Province he had Tribunes Colonels or Field Officers for the Military part of his administration he had also Secretaries Serjeants Heraulds or Cryers Lictors or Ensign-bearers Interpreters Messengers Divines Chamberlains Physitians and besides these his Companions which for the most part were of the younger sort of Gentlemen or Gallants that accompanied him for his Ornament and their own Education Into this the somewhat-like Traine of the Quaestor who by the Law was in place of a Son unto the Pro-Consul and to whom the Pro Consul was to give the regard of a Father being cast it made the Praetorian Cohort or Guard alwaies about the person of the Pro-Consul who in this Equipage having done his devotions at the Capitol departed the City Paludatus that is in his Royal Mantle of gold and purple followed for some part of the way with the whole train of his Friends wishing him much joy and good speed In his Province he executed his twofold Office the one of Captain General the other of the supieme Magistrate in the former relation
he had an Army either received from his predecessor or new leavied in the City this consisted in the one half of the Legions as I have elsewhere shewn and in the other of Associates for the greatness of the same it was proportion'd unto the Province or the occasion To an ordinary Province in times of peace I believe an army amounted not to above One Legion with as many Auxiliaries that is to a matter of Twelve thousand Foot and Twelve hundred Horse The Magistracy or Jurisdiction of the Pro-Consul or Praetor was executed at the Metropolitan City of each Dioecis which upon this occasion was to furnish the Praetorian Cohort with lodging salt wood hay and stable-room at the charge of the Country These though Cicero would hardly receive any of them were towards the latter time of the Common-wealth extended by the provincial Magistrates unto so great a burthen to the people that it caused divers Laws to be passed in Rome de repetundis for restitution to be made unto the Provinces by such as had injured them Upon such Laws was the prosecution of Verres by Cicero When and where this kind of Court was to be held the Consul Pro-Consul or Praetor by Proclamation gave timely notice being assembled at the time and the City appointed in the Town Hall stood a Tribunal upon this the Sella Curulis or Chair of State in which sat the Consul Pro-Consul or Praetor with his Praetorian Cohort or Band about him furnished with all manner of pomp and Officers requisite unto the ornament or administration of so high a Magistracy The jurisdiction of this Court was according unto the Laws made for the administration of the Province but because they could not foresee all things as appeared by the questions which Pliny put upon the Laws of Pompey unto Trajane it came to pass that much was permitted unto the Edicts of the provincial Praetors as was also in use at Rome with the Praetors of the City and if any man had judged otherwise in his Province then he ought to have done in the City made an Edict contrary unto the Law of his Province or judged any thing otherwise than accordieg to his own Edict he was held guilty of and questionable for an hainous crime But what the Law of this or that Province which differ'd in each was would be hard particularly to say only in general it was for the maine very much resembling that of Sicily called Rupilia Lege Rupilia or by the Law of Rupilius a cause between One Citizen and another being of the same City was to be tryed at home by their own Laws A Cause between one Provincial and another being of divers Cities was to be tryed by Judges whom the Praetor should appoint by lott what a private man claim'd of a people or a people of a private man was to be referr'd unto the Senate of some third City Vpon what a Roman claimed of a Provincial a Provincial was to be appointed Judge Vpon what a Provincial claimed of a Roman a Roman was to be appointed Judge For decision of other controversies select Judges from among the Romans not out of the Praetorian Cohort but out of such Romans or other Citizens free of Rome as were present in the same Court were to be given In criminal causes as violence peculate or Treason the Law and the manner of proceeding was the same in the Provinces as in Rome For the Iributes Customes Taxes leavies of Men Money Shipping ordinary or extraordinary for the common defence of the Roman Republick and her Provinces the Consuls Pro-Consuls or Praetors proceeded according unto such Decrees of the Senate as were in that case standing or renewed upon Emergent occasions in gathering these say the Magistracy or office of the Quaestor if the Pro-Consul were indisposed or had more business than he could well turn his hand to Courts of this nature might be held by one or more of his Legates With matter of Religion they medled not Every Nation being so far left unto the Liberty of Conscience that no violence for this cause was offer'd unto any man by which means both Jews and Christians at least till the time of the persecuting Emperors had the free exercise of their Religion throughout the Roman Provinces This the Jews liked well for themselves nor were they troubled at the Heathens but to the Christians they alwaies grudg'd the like priviledg Thus when they could no otherwise induce Pilate to put Christ to death they accused Christ of affecting Monarchy and so affrighted Pilate being a mean condition'd fellow while they threatned to let Tiberius know he was not Caesar's Friend that he comply'd with their ends But when at Corinth where Gallio a man of another temper was Pro-Consul of Achaia they would have been at this Ward again and with a great deal of Tumult had brought Paul before the Tribunal Gallio took it not well that they should think he had nothing else to do than to judge of words and names and questions of their Law for he cared no more for the Disputes between the Christians and the Jews than for those between the Epicureans and the S●●ick● Wherefore his Lictors drave them from the Tribunal and the officious Corinthians to shew their love to the Pro-Consul fell on knocking them out of the way of other business Now though the Common-wealth of the Achaeans being at this time a Roman Province under the Pro-Consul Gallio enjoyed no longer her common Senate Strategus and Demiurges according unto the model shown in the former Book yet remained each particular City under her antient form of Popular Government so that in these especially at Corinth many of the Greeks being of the same judgement the Jews could not dispute with the Christians without Tumult Of this kind was that which hapned at Ephesus where Christianity growing so fast that the silver-smiths of Diana's Temple began to fear they should loose their Trade the Iews liking better of Heathenisme than Christianity set Alexander one of their pack against Paul This place in times when men will understand no otherwise of humane story then makes for their ends is fallen happily unto my hand seeing that which I have said of a Roman Province will be thus no less than proved out of Scripture For the Chancellor of Ephesus perceiving the Ecclesia so it is in the Original or Assembly as in our Translation uncalled by the Senate or the Magistracy to be tumultuously gathered in the Theater their usual place as in Syracusa and other Cities of meeting betakes himself to appease the people with divers arguments among which he hath these First as to matter of Religion Ye have brought hither saith he these men which are neither robbers of Temples Churches our Bible hath it before there was any Church to be robbed Nor yet blasphemers of the Goddesse In which words seeing that they offering no scandal but onely propagating that which was according to their own
in this regard but for the greater or more considerable part receiveth advantage by it the King having always whether in peace or war a great Cavalry then which there is no better in the world for the Exercise Entertainment and profit of the Nobility Governments of Cities Castles Provinces in abundance which he rarely distributes unto any other The greater Nobility are Mareschals Generals the lesse Officers in the Armies especially of the Horse the Emoluments whereof they receive also in time of peace and many of this Order being Pensioners taste of the Kings liberality without taking pains or having any Imployment at all By which both that France is a Monarchy by a Nobility and how she holdeth her Nobility is apparent Now the Church and the Nobility standing thus ingaged unto the King by which means he hath two parts of the ballance to one it is demonstrable that the Government must be quiet Nor seeing the Church for the reason shewn is sure enough comes the Government since the Protestant Cities and Holds were demolished to be otherwise disquieted then by the flying out of the Nobility which whenever it happens in any party considerable either for the Number or the Interest causeth the Crown to shake for it seldome cometh to passe upon this occasion but the Third Estate or some part of it taketh Arms immediately In which place it is worthy to be observed that Wealth according unto the distribution of the ballance hath contrary motions The Third Estate in France having riches and those laden with Taxes come to have something to lose and something to save which keepeth them in continual fear or hope The Nobility holding unto the King the Third Estate hath something to lose which withholdeth them from Arms through fear but the Nobility flying out the Third Estate hath something to save which precipitateth them into Arms through hope whereas the Paisant having nothing to save or to lose to hope or to fear never stirs The Case standing thus the sufficiency of the French Politician since the Master-piece of Cardinal Richelieu in demolishing those walls of the Protestants which had otherwise by this time been a refuge for the Third Estate and perhaps overturned the Monarchy lieth altogether in finding for the Nobility work abroad or ballancing them in such sort at home that if a party flie out there may be a stronger within to reduce it or at least to be opposed unto it In this case lest the Native interest of the Nobility since the Assemblies of the three Estates were abolished might cool the remaining party or make them slower in the redresse of such disorders or discontents then were requisite the King is wisely provided of Forraign Guards which being always in readinesse and not obnoxious unto the Native interest may upon like occasions be of more Expedition and trust Being come thus unto Forraign Arms which is the point I more especially proposed unto my self in the present discourse One objection in relation to what hath been already said seemeth to interpose it self Seeing France while it is not governed by the Assembly of States is yet of the same ballance it was when governed by the Assembly of States it may be said that a government of the same ballance may admit of divers Administrations To which I need make no other answer then to put you in mind that while this Government was Natural or administred by the Assembly of States it is celebrated by Machiavel to have been the best order'd of any Monarchy in the world and that what it is or hath been of later times you may believe your own eyes or ears There be yet before I can come unto Forraign Guards some praevious considerations All government as is implied by what hath been already shewn is of these three kinds A government of Servants A government of Subjects Or a government of Citizens The first is absolute Monarchy as that of Turkey The second Aristocratical Monarchy as that of France The third a Commonwealth as those of Israel of Rome of Holland Now to follow Machiavel in part of these The Government of Servants is the harder to be conquer'd and the Easier to be held The Government of Subjects is the easier to be conquer'd and the harder to be held To which I shall presume to add That the Government of Citizens is both the hardest to be conquer'd and the hardest to be held My Authors reasons why a Government of Servants is the hardest to be conquerd come to this that they are under perpetual discipline and command void of such interests and factions as have hands or power to lay hold upon advantages or innovation whence he that invades the Turk must trust unto his own strength and not rely upon disorders in the Government or forces which he shall be sure enough to find united His reason why this Government being once broken is easily held are That the Armies once past hope of rallying there being no such thing as Families hanging together or Nobility to stir up their Dependants unto farther reluctancy for the present or to preserve themselves by complacence with the Conquerors for future discontents or advantages he that hath won the Garland hath no more to doe but to extinguish the Royal line and were it ever after in security For the People having been always slaves are such whose Condition he may better in which case they are gainers by their Conquerer but can never make worse and therefore they loose nothing by him Hence Alexander having conquer'd the Persian Empire he and his Captains after him could hold it without the least dispute except it arose among themselves Hence Mahomet the second having taken Constantinople and put Paleologus the Greek Emperor whose Government was of like Nature with the Persian together with his whole Family unto the Sword the Turk hath held that Empire without reluctancy On the other side reasons why a Government of Subjects is easilier conquer'd are these That it is supported by a Nobility so Antient so powerful and of such hold and influence upon the People that the King without danger if not ruine to himself or the Throne an Example whereof was given in Hen. 7th of England can neither invade their Priviledges nor level their Estates which remaining they have power upon every discontent to call in an Enemy as Robert Count of Artois did the English and the Duke of Guise the Spaniard into France The Reasons why a Government of Subjects being so easily conquer'd is neverthelesse the harder to be held are these That the Nobility being soon out of countenance in such a case and repenting themselves of such a bargain have the same means in their hands whereby they brought in the Enemy to drive him out as those of France did both the English and the Spaniard For the Government of Citizens as it is of two kinds an Equal or an unequal Commonwealth the Reasons why it is the hardest to be conquer'd
increase so much that the dug of Earth can no more the over-plus must seek some other way of Livelihood which is either Arms such were those of the Gothes and Vandalls or Merchandize and Manufacture for which ends it being necessary that they lay their heads and their Stock together this makes populous Cities Thus Holland being a small Territory and suckt dry hath upon the matter weined the whole People and is thereby become as it were one City that sucks all the World But by this meanes sayes the Considerer Emporium being already too great while indeed Amsterdam considering the narrowness of her Territory or the smallness of Holland is much more populous would immediately grow into an excess of power and riches very dangerous unto Liberty an Example whereof was seen in the late Tyranny of that City As if it were not sufficiently known that Amsterdam contributes and hath contributed more unto the defence of the Common wealth or united Provinces than all the rest of the League and had in those late Actions which have been scandalized resisted not the interest of Liberty but of a Lord. That the increase of Rome which was alwayes studied by her best Citizens should make her head too great for her body or her power dangerous unto the Tribes was never so much as imagined and though she were a City of Princes her Rustick Tribes were ever had in greatest esteem and honour insomuch that a Patrician would be of no other But the Authority of ancient Common wealths is needless the Praevaricator by his own Argumentation or might layes himself neck and heels For saith he Were this Agrarian once setled Emporium would be a City of Princes and the Nobility so throughly plumed that they would be just as strong of wing as wild Foul in moulting time There would be a City of Princes and yet no Nobility He is so fast that I have pitty on him if I knew but which way to let him loose He meanes perhaps that the Merchants growing rich would be the Nobility and the Nobility growing poor would be Grasiers But so for ought I know it was alwayes or worse that is men attained unto riches honours by such or worse arts in poverty made not alwayes so honest retreats Unto all which infirmities of the State I am deceived if this Agrarian do not apply the proper remedies For such an Agrarian maketh a Common wealth for increase the Trade of a Common wealth for increase is Arms Arms are not born by Merchants but by Noble-men and Gentlemen The Nobility therefore having these Arms in their hands by which Provinces are to be acquired new Provinces yield new estates so whereas the Merchant hath his returns in Silk or Canvas the Souldier will have his return in Land He that representeth me as an Enemy to the Nobility is the man he speaketh of For if ever the Common-wealth attain unto five new Provinces and such a Common wealth will have Provinces enow it is certain that besides honours Magistracies and the Revenues annexed there will be more estates in the Nobility of Oceana of fourteen thousand pound Land a year then ever were or can otherwise be of four and that without any the least danger unto the Common wealth for if Rome had but lookt so farre to it as to have made good her Agrarian in Italy though she had neglected the rest the wealth of her Nobility might have sucked her Provinces but must have enriched the People so rather have water'd her Roots then starved and destroyed them as it did In this Case therefore the Nobility of Oceana would not moulter like wild Foul but be strong of wing as the Eagle One Argument more I have heard urged against the populousness of the Capital City which is that the rich in time of sickness forsaking the place by which meanes the Markets come to fail the poor least they should starve will run abroad and infect the whole Countrey But should a man tell them at Paris or Grand Cairo in the latter whereof the Plague is more frequent and furious then happens with us that they are not to build Houses nor increase so much least they should have the Plague or that Children are not to be born so fast lest they die they would think it strange newes A Common wealth is furnished with Lawes and power to adde such as she shall finde needful In case a City be in that manner visited it is the duty of the Country and of the Government to provide for them by contribution The difficulty in making the Agrarian equall and steady through the rise or fall that may happen in money which is the fourth throw of the Praevaricator is that which it might have been for his ease to have taken notice was long since sufficiently barrd where it is said that if a new survey at the present Rent were taken an Agrarian ordaining that no Man should thenceforth hold above so much Land as is there valued at the rate however money might alter would be equall and steddy enough His last cast is that the Agrarian would make war against universall and immemoriall Custom which being without doubt more praevalent then that of Reason there is nothing of such difficulty as to perswade men at once and crudely that they and their fore-Fathers have been in an errour Wise men I see may differ in Judgement or Counsell for saith Sir Francis Bacon Surely every Medicine is an Innovation and he that will not apply new remedyes must expect new evills For Time is the greatest Innovator And if Time of course alter things to the worse and Wisedome and Counsell may not alter them to the better what must be the end But the Case of the Agrarian receiveth equall strength from each of these Counsellors or opinions from the latter in that it goes upon grounds which Time hath not innovated for the worse but for the better and so according to the former comes not to have been at once and crudely perswaded but introduced by custome now grown universall and immemoriall For who remembers the Gentry of this Nation to have worne the blew coates of the Nobility or the lower sort of people to have lived upon the smoak of their Kitchins To the contrary Is it not now the Universall custome for men to rely upon their own fortunes or industry and not to put their Trust in Princes seeking in their liberality or dependance the meanes of living The Praevaricator might as well jump into his great Grand-Fathers old breeches and perswade us that he is a la mode or in the new cutt as that the wayes of our forefathers would agree with our Customes Doth not every man now see that if the Kings in those dayes had settled the Estates of the Nobility by a Law restraining them from selling their Land such a law had been an Agrarian and yet not warring against their antient Customes but preserving them
time that it may be farther seen how much I am delighted in fair play it being so belike that some Divines are already at work with me and I have not so fully explained my self upon that point which with them is of the greatest concernment that they can yet say they have peept into my Hand or seen my Game as I have won this trick Gentlemen or speak so I play them out the last card in the next Book for up FINIS Advertisement to the Reader or direction contained in certain Quaeries how the Common-wealth of Oceana may be examined or answered by divers sorts of men without spoiling their high Dance or cutting off any part of their Elegance or freeness of Expression To the Scholar that hath passed his Novitiate in Story I. WHether the ballance of Propriety in Land comming through Civill vicissitude by slow and undiscerned degrees to alter as it did and to stand as it doth in Oceana any other Government could have been introduced otherwise then by the interposition of forraign Arms that could have subsisted naturally without violence or reluctancy or steddily without frequent changes alterations and plunges save that only of the Common wealth proposed II. Whether the Ballance in Land so standing as hath been shewne the Common wealth proposed being once established were without the immediate hand of God as by Pestilence Famine Inundation to be alter'd or broken and which way To the godly man 1. WHether Humane Prudence be not a Creature of God and to what end God made this Creature 2. Whether the Common wealth of Israel in her main Orders that is to say the Senate the People and the Magistracy were not erected by the same rules of humane Prudence with other Common wealths 3. Whether Jethro were not an Heathen 4. Whether God did not approve of the Advice of Jethro in the Fabrick of the Common wealth of Israel 5. Whether the natural body of a Godly man can any otherwise be said to support and nourish it self in the Ayr or between Heaven and Earth then by a figurative Speech or whether it be any more possible for the Political body of a People so to do then for the Natural body of a Godly man To the Grandee or Learned Common-wealths-man 1. WHether a Noble House-keeper have an Horse-keeper that is as well to live as himself and whether the House-keeper should he loose his Estate would not be an Horse keeper rather then want bread 2. Whether Riches and Poverty more or lesse do not introduce Command or Obedience more or lesse as well in a Publick as in a Private Estate 3. Whether the Introduction of Commandor obedience more or lesse either in a publick or private Estate do not form or change the Genius of a man or of a People accordingly Or what is the reason why the Paisant in France is base and the lower People in England of an high courage 4. Whether the Genius of the People of Oceana have been of late years or be devoted or addicted unto the Nobility and the Clergy as in former times 5. Whether the Genius of the People of Oceana not being addicted unto the Nobility and Clergy as formerly can be said to be for Monarchy or against it 6. Whether the People be not frequently mistaken in Names while as to things they meane otherwise or whether the People of Oceana desiring Monarchy in Name do not in truth desire a Government of Lawes and not of Men 7. Whether for these Reasons not to know how to hold the Ballance or foundation of a Government steddy nor yet to reform or vary the Orders of the same as the foundation comes to vary be not to deliver a Nation unto certain ruine and destruction To the Rationall Man 1. WHether there be any thing in this Fabrick or Model that is contradictory unto it Self unto Reason or unto Truth 2. Whether a Common wealth can be framed intire or compleat in all her necessary Orders without any manner of contradiction to her self to reason or to truth and yet be false or insufficient The Errors of the Presse in the first Book For falt page 4. l. 38. read salt for of p. 8. l. 1. r. the. For instructed p. 45. l. 12. r. intrusted For will say must p. 86. l. 25. r. will say but must For expect p. 89. l. 14. r. except For famyly'd p. 89. l. 39. r. families For Ply-earts p. 109. l. 22. r. Placarts Sans Comparison if taken as English is right enough but if you take it for French is to be read sans comparaison THE SECOND BOOK OR A Politicall Discourse CONCERNING ORDINATION Against Dr. H. Hammond Against Dr. L. Seaman And the Authors they follow Optat Aprum aut fulvum descendere monte Leonem E. W. LONDON Printed by G. Dawson for Tho. Brewster and are to be sold at the three Bibles in St. Pauls Church-yard 1657. ADVERTISEMENT To the READER BOOks especially whose Authors have gotten themselves Names are leaders wherefore in case any of these err in leading it is not only lawfull but matter of conscience unto a man that perceives it as far as he is able to warn others This were apology enough for my writing against Dr. Hammond and Dr. Seaman and yet I have happened to be brought under a farther obligation unto this enterprize their books having been sent me by way of objection against what I have formerly said of Ordination and am daily more and more confirmed I shall make good However there can be no great hurt in this Essay Truth being like Venison not only the best Quarry but the best Game Order of the Discourse TO menage the present Controversie with the more clearness I have divided my discourse into five Parts or Chapters The First explaining the words Chirotonia and Chirothesia paraphrastically relates the story of the perambulation made by the Apostles Paul and Barnabas through the Cities of Lycaonia Pisyaia c. by way of Introduction The second shews those Cities or most of them at the time of this perambulation to have been under popular Government In which is contained the whole administration of a Romane Province The third shews the deduction of the Chirotonia from popular Government and of the Original right of Ordination from the Chirotonia In which is contained the institution of the Sanhedrin or Senate of Israel by Moses and of that at Rome by Romulus The fourth shews the deduction of the Chirothesia from Monarchical or Aristocratical Government and the second way of Ordination from the Chirothesia In which is contained the Common-wealth of the Iews as it stood after the captivity The fifth debateth whether the Chirotonia used in the Cities mentioned were as is pretended by Doctor Hamond Dr. Seaman and the Authors they follow the same with the Chirothesia or a far different thing In which are contained the divers kinds of Church-government introduced and exercised in the age of the Apostles I am entring into a discourse to
run much for the words upon a language not vulgar which therefore I shall use no otherwise than by way of parenthesis not obstructing the sense and for the things upon Customes that are forreign which therefore I shall interpret as well as I can Now so to make my way into the parts of this discourse that whereas they who have heretofore menaged it in English might in regard of their Readers have neer as well written it in Greek I may not be above the vulgar capacity I shall open both the Names whereof and the things whereupon we are about to Dispute by way of Introduction A POLITICAL DISCOURSE CONCERNING Ordination THE INTRODUCTION OR First Chapter THe Names or words whereof we are about to Dispute are Greek the one Chirotonia the other Chirothesia the first signification of the word Chirotonia in Sindas imports a certain lewd action of the hand which seemeth also by the Greek that renders it by the same word to have been intimated by Isai 5. 9. In the second signification with Suidas it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Election that is to say of Magistrates or ratification that is to say of Laws by the Many which amounts both by his testimony and that generally of antient Authors unto this that the most usual and natural signification of the word Chirotonia is popular Suffrage whether given as when they speak of Athens by the holding up of hands or as when they speak as doth Suidas in the place mentioned of Rome and other Common-wealths whose suffrage was not given with this Ceremony without holding up of hands Chirethesià 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is a word that in the strict signification imports laying on of hands and no more but the Jews using to confer their Ordination most commonly by laying on of hands and yet sometimes by word of mouth or by letter the word both as it relates to the custome of the Jewish Common-wealth and Ordination thence transplanted into the Church of Christ signifies Ordination conferred by one Man or a few Men that is to say by some distinct Order from the people whether with Imposition of hands or without it These words thus interpreted I shall throughout my discourse which else must have run altogether upon the Greek presume as already I have done to take for good English and so proceed unto the things whereof we are to dispute first by opening the Scene of this perambulation which will be done best by the help of Erasmus a man as for his learning not inferior to any so for his freedom not adicted unto interests or parties For the Remainder then of this Introduction I shall begin with the nineteenth Verse of the eleventh and continue my discourse unto the end of the fourteenth Chapter of the Acts interweaving the Text where it is darker with the Paraphrase of that excellent Author for light and his Paraprase with the Text where it is clearer for brevity in manner following They whom the heat of persecution from the death of Stephen had dispersed travelled through the Cities and Villages as far as Phenice and the adjacent Island of Cyprus as also through Antiochia which lyeth between Phenice and Cilicia preaching the Gospel received from the Apostles which nevertheless they dared not to communicate but to such only as were of the Iewish Nation not out of envy but a kind of Superstition they believing that to do otherwise were to give the Childrens bread unto doggs which Christ hath forbidden But some of them that believed being of Cyprus and Cyrene when they came unto Antioch had the boldness to speak of Christ unto the Greeks preaching the Lord Iesus in which they made such progress through the blessing of God upon them and their labours that a great number of these also believing the Gospel were turned unto the Lord. The tidings of these things coming unto the Ears of the Church which was at Ierusalem a man of Apostolical sincerity Barnabas the Levite a Cyprian born was sent by the Apostles to take a view of what was done upon the places and if he found it to be according unto the will of God to approve of it by authority of the Apostles So great caution in receiving the Gentiles unto the Gospel was not but the thing was greatly desired by the Apostles but least it should afterwards be repeated or made void by the Iews as done rashly or that the Gentiles should rely less upon what was done as conceiving it needed ratification by the Law Wherefore Barnabas so soon as he came to Antioch and found the Greeks by Faith and without profession of the Law to have received the same grace of God with the Iews was very much joyed that the number of Believers increased and exhorted them to remain constant in their Enterprize of adhering unto the Lord. For he was a good Man and full of the Holy Spirit and of Faith Wherefore through his Ministry it came to passe that a Multitude of other Believers were added unto the former Now Antioch being not far from Cilicia the Neighbourhood of the place invited him to seck Paul the fittest helper in this work as chosen by Christ to preach his Name unto the Gentiles and Kings of the Earth For when Paul fled from Ierusalem the Disciples had conducted him to Caesarea of Phenice whence he went to Tarsus whom therefore when Barnabas had found there he brought to Antioch hoping in a City both famous and populous but with a confused mixture of Iews and Greeks to receive the better fruit through the aid of an Apostle more peculiarly designed unto this work These two being conversant an whole year in the Church of Antioch which by the confluence both of Iews and Greeks became very numerous so many were added by their preaching that whereas hitherto not exposing the Name of Christ unto Envy they had been called Disciples they now began first at Antioch from the Name of their founder to be called Christians In these times certain Prophets came from the City of Ierusalem unto Antioch whereof one named Agabus standing up in the Congregation signified by inspiration that there should be a great dearth through the whole world which came to pass under Claudius Caesar the Successor of Caligula At this time they at Ierusalem partly because they were poor at their conversion unto the Gospel partly because they had deposited their goods in Common and partly because they had been spoiled by the Priests for their profession of Christ Ordained that by the contribution of such as had wherewithall especially among the Believing Gentiles money should be sent unto the relief of the Christians dwelling in Iudea but so that this Contribution was not to he forced but free and according unto every mans ability This money thus gathered was sent by Paul and Barnabas unto the Elders at Ierusalem to be distributed at their discretion unto such as were in need While Paul and Barnabas were thus employed King
of Hands where Ananias being neither Bishop nor Ptesbyter but onely a Disciple that is a Christian layes his Hands upon Paul is used for some Ordination that cannot be taken in their sense or a man not Ordained may Ordain as well as they for to say that the call was extraordinary where the like is or is pretended will avayl little But there is no need that we should go so near the wind wherefore to give them all these places in their own sense even till we come to the Cities in question What word in any Language is not sometimes nay frequently used in some other than the proper sense With what elegance if this be forbidden can any man write or speak Is a word like a Woman that being taken with a Metaphor it can never be restored unto the Original Virtue If Chirotonia have as Divines pretend lost all other but their signification how shall we understand it in Isaiah or where Paul speaks it of the Brother 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chirotonized or chosen by the Churches Certainly in this one place at least it is of our sense and in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 it is but once yet in all the New Testament of any other so that if we gain the place in controversie we have it twice of our sense in Scripture for once not in theirs but in any other and in humane Authors they will not so much as pretend to have it once for them of an hundred times for us which is pretty well for the vindication of the propriety of one word and somewhat more perhaps than can be done for another But in the sense of words that are sometimes properly and sometimes improperly taken may we admit of the things whereof they are spoken for Interpretors Or if Lillies and Roses have been almost as often said of Ladies Cheeks must we understand them no otherwise when we are speaking of Gardens Yes sayes Doctor Hamond and therefore to say of the Apostles Paul and Barnabas that they created ●ld●rs by their own suffrages is no w●re than to say that they joyntly did create and indeed being but two there could be no place for suffrages and to affirm they did it by the suffrages of others is not agreeable to the pretended use of the word for where it is used of choosing by suffrages as when the people are said to Chirotonize it is certain that their own and not others suffrages are meant by it It were hardly possible to have contrived a greater number of Affirmations inso smal a compasse nor to have gone farther in them from all truth Phrases as words are to be understood according unto the Rule and Law of Speech which is use and thus that the Apostles created Elders by their own suffrage is not said that they did it by the suffrage of others is necessarily implyed as also that the people are understood to chirotonize as well when it is said of the Presidents of their Assemblies as of themselves Diruit aedificat mutat quadratarotundis When a man is said to build an House or marry a Daughter he is not understood to be the Mason of the Brides-groom But the Apostles built Churches in these Cities therefore the people were not the Masons The Apostles married Christ unto these Nations therefore the people gave not their consent or suffrage what a construction were this in-ordinary discourse or writing and yet in the language as I may say of a Common-wealth the phrase is more usuall How often doth Demosthenes speak of his Laws see my Psephisma peruse my Law and those of other private men after which Copy the Par●è or Laws in the Common-wealth of Venice are called by the names of the Proposers as were those of Rome Rupilia Cornelia Tr●bonia in which manner we have Poynings Laws and some Statutes bearing no other Style than Enacted by the Kings most excellent Majesty which nevertheless are known to have been all Enacted by the Parliament Thus the Laws of Moses Rhadamanthus Minos Lycurgus S●lon Romulus King Edward were leges consuetudines quas vulgus elegerit such as the people had confirmed or chosen by their Chirotonia But they may say granting you this use of speech in relation unto Laws what have you of this kind for Elections The exception is nice but to leave none The High Sheriffs in England proposing unto their Counries the Names of such as stand are said to Elect Parliament men They that thus propose Competitors unto the Great Council in Venice are called Electors and said to elect the Magistrates The Proedri certain Magistrates to whom it belonged to put the question in the Representative of the people of Athens consisting of one thousand were said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to give or make the suffrage The Thesmothetae who were Presidents at the creation of Magistrates were said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to chirotonize the Generals Josephus renders those words of God unto Samuel Hearken unto the voice of the people 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I command thee to chirotonize them a King which Authors vindicating Luke for his understanding both of the Grecian customes and propriety of speech at each of which he was expert come up unto the full and genuine interpretation of the place in controversie where Paul and Barnabas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chirotonizing them Elders in every Congregation can be no otherwise understood than that they here as Moses at the institution of the Sanhedrim Samuel at the Election of the King the Proedri at the passing of Laws the Thesmothetae at the creation of Magistrates the Electors in the great Council of Venice and the High Sheriffs in the Counties of England were no more than Presidents of that Chirotonia which was given or made by the suffrage of the people Wherefore the Greek is thus rendred by these several Translations of the Bible That of Zurich When they had created them Elders by suffrages in every Congregation That of Beza When they had created them Elders by suffrages in every Congregation The French When by the advice of the Assemblies they had established Elders The Italian When by the advice of the Congregation they had constituted them Elders That of Diodati When they had ordained them in every Church by the common votes of the Elders That appointed by the Synod of Dort When in each Church by the holding up of Hands they had Elected Presbyters That used in England from the time of the Reformation untill the Episcopal correction of the same When they had ordained them Elders by Election in every Congregation Indeed the circumstance of the place forbids any other construction of the words for if the suffrage or Chirotonia which were scarce sense related unto the Apostles onely what needed they have done that in every Congregation or Church which they might have done in any Chamber or closet The circumstance of the action forbids any other construction for the people
the Magistracy in this Policy was upon rotation but even the People also at least as to the Nomothetae or their Legislative power and the Supreme Judicatory of the Heliaea each of these being a Representative constituted of one Thousand or fifteen hundred Cittizens But for what followes in the second book it is necessary that I observe in this place the proceeding of certain Divines who indeavour to make use of this Common-wealth for ends of their own as particularly Doctor Seaman who in his book called Four propositions argues after this manner Chirotonia as Suidas hath it signifies both Plebiscitum a Law made by the People and Psephisma Now saith he Psephisma is the ordinary word used in the Attick lawes and in Demosthenes for Senatesconsultum a Law made by the Senate whence he drawes this conclusion As when the People make a Law they are said to Chirotonize so may the Rulers in like manner in those Lawes that are made by themselves alone These wayes with divines are too bad The words of Suidas are these 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chirotonia is Election or ratification by the Many which expresly excludeth the Few or the Senate from being otherwise contained by the word Chirotonia than a part is by the whole Nor hath the Authour the word Psephisma or Plebiscitum in the place I would faine know what other word there is in Greeke for Plebiscitum but Psephisma and yet the Doctor puts it upon Suidas that he distinguishteh between these two and taking that for granted where he findes Psephisma in Demosthenes and the Attick Laws will have it to signifie no more then a decree of the Senate It is true that some decrees of the Senate were so called but those of the people had no other name and when ever you find Psephisma in Demosthenes or the Attick Laws for a Law there is nothing more certaine then that it is to be understood of the people for to say that a Law in a Popular Commonwealth can be made without the people is a contradiction The second passage is a what think you of these words of Pollux 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which the Doctor having englished in this manner The Thesmothetae do privately prescribe when Judgment is to be given and promulge publick accusations and suffrages unto the people askes you whose Suffrages were these if not the Ruler's By which strange construction where Pollux having first related in what part the function of the Thesmothetae was common with that of the Nine Archons comes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to shew you what was peculiar to themselves namely to give notice when the Heliaea or other Indicatoryes were to assemble the Dr. renders it they do privately prescribe as if the Session of a Court of Justice and such an one as contained a thousand Judges being the representative of the whole people were to be privately prescribed then to this private prescribing of Justice he addes that they do publickly promulge 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 citations upon crimes not within the written Law as if private prescription and publick promulgation could stand together Next whereas promulgation in the very Nature of the word signifies an Act before a Law made he presumes the Law to be first made by the Rulers and then promulgated by the Thesmothetae to the people kim kam to the experience of all Common-wealths the Nature of promulgation and the sense of his Authour whose words as I shew'd before declare it to have been the proper or peculiar office of the Thesmothetae to give the people notice when they were to assemble for Judicature or when for giving their Chirotonia or suffrage by promulgation of the cause 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 upon which they were to determine For the fourth passage the Dr. quoting a wrong place for these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that the Nomothetae being a Representative as I shewd of the whole people chosen by lot and in number one thousand chirotonized or gave the Legislative suffrage thence inferrs that the Rulers chirotonized voted or made Lawes by themselves without the People which is as if one should say that the Prerogative Tribe in Rome or the House of Commons in England gave their Vote to such or such a Law therefore it was made by the Rulers alone and not by the People of Rome or of England For the fourth passage Stevens quotes Demosthenes at large in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 This the Doctor interprets of an Officer to which I shall say more when he shews me where the sentence is or what went before for as yet I do not know of an officer in any Common wealth whose Election was indifferently made either by the Senate or by the People nor do I think the Doctor hath lookt farther for this than Stephens who hath not interpreted it The fifth passage is That a Decree of the Senate in Athens had the force of a Law for one year without the People So had the Edicts of the Praetores in Rome But I would fain know whence the Senate in Athens or the Praetors in Rome originally derived this right which was no more then that such Lawes might be probationers and so better understood when they came to the Vote but from the Chirotonia or suffrage of the People The sixth passage stops the mouths of such as having nothing to say unto the matter of my writing pick quarrels with the manner or freedom of it the liberty I take in the defence of truth seeing the Doctor takes a greater liberty upon other termes while he bids his Antagonist one that desended the cause now in my hand go and consult his Authours namely Stephens and Budaeus again for saith he you wrong those learned men while you would have us believe that they were as ignorant of the Greek Story as your self or that things are to be found in them which are not To which confidence I have better leave to say that the Doctor should do well to take no worse counsel than he gives But what is become of my Praevaricator I have quite lost him else I should have intreated him to compare his Notes out of my Sermon with these out of the Doctors or retract that same affectation in saying I know not but Mr. Harrington has conceiv'd a great unkindness for the Clergy As if these their Stratagems with which they make perpetual Warre against the unwary people did not concern a man that hath undertaken the cause of popular Government The Policy of the Achaeans consisted of divers Common-wealths under one which was thus administred the Cities sent their Deputies twice every year of course and oftner if they were summoned by their Strategus or their Demiurges to the place appointed The Strategus was the Supreme Magistrate both Military and Civill and the Demiurges being ten were his Council all Annuall Magistrates elected by the People This Council thus constituted was called the Synarchy and performed like duties in
relation unto the Senate consisting of the Deputies sent by their peculiar Soveraignties or Cities as the Prytans unto that in Athens The Policies of the Aetolians and Lycians are so near the same again that in one you have all So both the Senates and the Magistracy of these Common wealths were upon rotation To conclude with Venice The Common wealth of Venice consisteth of four parts The great Council the Senate the Collegio and the Signiory The Great Council is the aggregate body of the whole People or Citizens of Venice which for the paucity of their Number and the Antiquity of their Extraction are called Gentlemen or Noble Venetians every one of which at five and twenty years of Age hath right of Session and Suffrage in this Council which right of Suffrage because throughout this Common-wealth in all Debates and Elections it is given by the ballot is called The right of ballotting whereby this Council being the Soveraign power createth all the rest of the Orders Councils or Magistracies hath constitutely the Ultimate result both in cases of Judicature and constitution of Lawes The Senate called also the Pregati consisteth of Sixty Senators properly so styled whereof the great Council electeth six on a day beginning so long before the Moneth of October that these being all chosen by that time then receive their Magistracy it consisteth also of sixty more called the Juncta which are elected by the Scrutiny of the Old Senate that is by the Senate proposing and the great Council resolving the rest of their Creation is after the same manner with the former In the Sixty of the Senate there cannot be above three of any one kinred or Family nor in the Junta so many unless there be fewer in the former These Magistracies are all Annuall but without intervall so that it is at the pleasure of the great Council whether a Senator having finished his year they will elect him again The Collegio is a Council consisting more especially of three Orders of Magistrates called in their Language Saui as the Saui grandi to whose cognizance or care belong the whole affaires of Sea and Land the Saui di Terra ferma to whose care and Cognizance belong the affaires of the Land and the Saui di Mare to whose Cognizance appertain the affaires of the Sea and of the Islands These are elected by the Senate not all at once but for the Saui Grandi who are six by three at a time with the interposition of three moneths and for the Saui di terra ferma and the Saui di mare who are each five after the same manner save only that the first Election consisteth of three and the second of two Each Order of the Saui elects weekly one Provost each of which Provosts hath right in any affair belonging unto the Cognizance of his Order to propose unto the Collegio Audience of Embassadors and matters of forraign Negotiation belong properly unto this Council The Signiory consisteth of the Duke and of his Counsellors The Duke is a Magistrate created by the great Council for life to whom the Common wealth acknowledgeth the Reverence due unto a Prince and all her Acts run in his Name though without the Counsellors he have no power at all while they can perform any function of the Signiory without him The Counsellors whose Magistracy is Annual are elected by the scrutiny of the Senate naming one out of each Tribe for the City is locally divided into six Tribes and the Great Council approving so the Counsellors are six whose function in part is of the Nature of Masters of Requests having withall power to grant certain priviledges but their greatest preheminence is that all or any one of them may propose unto any Council in the Common wealth The Signiory hath session and suffrage in the Collegio the Collegio hath Session and suffrage in the Senate and the Senate hath Session and suffrage in the Great Council The Signiory or the Provosts of the Saui have power to assemble the Colledge the Colledge hath power to assemble the Senate and the Senate hath power to assemble the Great Council the Signiori but more peculiarly the Provosts of the Saui in their own Offices and functions have power to propose unto the Colledge the Colledge hath power to propose unto the Senate and the Senate hath power to propose unto the Great Council what ever is thus proposed and resolved either by the Senate for sometimes through the security of this Order a Proposition goes no farther or by the Great Council is ratifide or becomes the Law of the Common-wealth Over and above these Orders they have three Judicatories two Civill and one Criminall in each of which forty Gentlemen elected by the great Council are Judges for the Terme of eight moneths to these Judicatories belong the Avogadori and the Auditori who are Magistrates having power to hear causes apart and as they judge fitting to introduce them into the Courts If a man tell me that I omit many things he may perceive I write an Epitome in which no more should be comprehended then that which understood may make a man understand the rest But of these principal parts consisteth the whole body of admirable Venice The Consiglio de Dieci or Council of Ten being that which partaketh of Dictatorian power is not a limb of her but as it were a Sword in her hand This Council in which the Signiory hath also Session and suffrage consisteth more peculiarly of ten Annuall Magistrates created by the Great Council who afterwards elect three of their own number by Lott which so elected are called Capi de Dieci their Magistracy being monethly again out of the three Capi one is taken by Lot whose Magistracy is weekly this is he who over against the Tribunall in the Great Council fits like another Duke and is called the Provost of the Dieci It belongs to these three Magistrates to assemble the Councill of dele Ten which they are obliged to do weekly of course and oftner as they see occasion The Councill being assembled any one of the Signiory or two of the Capi may propose to it the power which they now exercise wherin for their assistance they create three Magistrates called the grand Inquisitors consists in the punishment of certaine heynous crimes especially that of Treason in relation whereunto they are as it were Sentinells standing upon the guard of the Common-wealth But constitutively with the Addition of a Junta consisting of other fifteen together with some of the chiefe Magistrates having right in cases of important speed or secrecy unto this Councill they had the full and absolute power of the whole Common-wealth as Dictator That Venice either transcribed the whole and every part of her Constitution out of Athens and Lacedemon or happeneth to be framed as if she had so don is most apparent The Result of this Common-wealth is in the Great