Court or indeed were actually Judges in som other Court was not enough unless they might consist also of Acts 5. 21. as many as were of the kindred of the High Priest Which Rights and Privileges being all observ'd The High Priest came and they that were Chap. 5 with him and call'd the Sanhedrim and all the Presbytery of the Children of Israel that is so many of them as being assembl'd in the great Synagog represented all the Presbytery of the Children of Israel or all the Children of Israel themselves In this Assembly you have the full description of the great Synagog and when in this Synagog they had beaten the Apostles PETER and JOHN they commanded them that Act. 5. 40. they should not speak in the Name of JESUS and let them go Upon these procedings there are Considerations of good importance as first That the Cabalistical Doctors themselves did never so much as imagin that MOSES had indu'd the Sanhedrim alone or separatly consider'd from the People with any Legislative Power nevertheless that the Sanhedrim came into the place and succeded to the whole Power of MOSES they unanimously held whence even upon their Principles it must follow that in MOSES distinctly and separatly taken from the People there could be no Power of making any Law The second thing remarkable in this proceding is That the most corrupt Commonwealth and in her most corrupt Age had not yet the face without som blind of pretending to Legislative Power in a single Council The last I shall observe is That no possible security is to be given to liberty of Conscience but in the security of Civil Liberty and in that only not by Laws which are otherwise as perishing as flowers or fruits but in the roots or fundamental orders of the Government What even in these times must have follow'd as to the liberty of Conscience had there bin an equal Representative of the People is apparent in that the Captain and the Officers imploy'd by this Synagog to apprehend Acts 5. 26. the Apostles brought them without violence for they fear'd the People lest they should have bin ston'd It is true there is nothing with us more customary even in the solemnest places and upon the solemnest occasions than to upbraid the People with giddiness from the Hosanna and the Crucifige of the Jews What may be charg'd upon a multitude not under orders the fouler Crime it be is the fairer Argument for such Orders as where they have bin once establish'd the People have not bin guilty of such Crimes at least it should seem that in this case there is great scarcity of Witnesses against them seeing the Death of SOCRATES is more laid to one People than that of all the Martyrs to Kings yet were the false Witnesses by whom SOCRATES suffer'd and by the like wherto a man in the best Government may chance to suffer no sooner discover'd than they were destroy'd by the People who also erected a Statue to SOCRATES And the People who at the Arraignment of CHRIST cry'd Crucify him Mark 15. 11. crucify him were such as the chief Priests mov'd or promted and such also as fear'd the multitude Now that the People which could be Mat. 21. promted by the chief Priests or the People which could fear the People could be no other than this pretended Representative of the People but indeed a Juncta of Cousins and Retainers is that which for ought I know may be possible and the rather for what happen'd before upon the Law call'd among the Jews The Law of the Zealot which was instituted by MOSES in these words If thy Brother the Deut. 13. 6. Son of thy Mother intice thee saying Let us go and serve other Gods thy hand shall be first upon him to put him to death and afterwards the hand of all the People By this Law it is plain that as to the true intent therof it relates to no other case than that only of Idolatry The Book II execution of the same according to the Talmud might be perform'd by any number of the People being not under ten either apprehending the Party in the Fact or upon the Testimony of such Witnesses as had so apprehended him yet will it not be found to have bin executed by the People but upon instigation of the Priest as where they interpreting the Law as they list STEPHEN is ston'd Now if the Priests could have made the People do as much against CHRIST what needed they have gon to PILAT for help and if they could not why should we think that the Multitude which cry'd out Crucify him crucify him should be any other than the great Synagog HOWEVER that it was an Oligarchy consisting of a Senat and a Presbytery which not only scourg'd the Apostles but caus'd CHRIST to be crucify'd is certain And so much for the great Synagog Sect. 8 The Model of the Jewish Commonwealth THESE parts being historically laid down and prov'd it follows that the Cabalistical or Jewish Commonwealth was much after this Model BE the capacity of bearing Magistracy or giving Counsil upon the Law or any part of the Law of this Commonwealth in no other than such only as are Presbyters BE Presbyters of two sorts the one general the other particular BE Presbyters general ordain'd by the laying on of hands of the Prince of the Sanhedrim with the rest of the Elders or Presbytery of the same and by no other Court without a Licence from the Prince of the Sanhedrim and be those ordain'd in this manner eligible by the major vote of the seventy Elders into the Sanhedrim or into any other Court by the major vote of the Elders or Presbytery of that Court. BE Presbyters particular ordain'd by any Court of Justice and be these capable of giving Counsil in the Law or in som particular part of the Law according to the gift that is in them by the laying on of the hands of the Presbytery BE all Presbyters capable of nomination to the great Synagog BE the Sanhedrim in Law made the supreme Magistracy or Judicatory and with a Juncta of fifty Presbyters of their Nomination the great Synagog BE the great Synagog the Legislative Power in this Commonwealth SUCH was the Government where the word of a Scribe or Doctor was avowedly held to be of more validity than the Scripture and where the usual appellation of the People by the Doctors and Pharises was populus terrae the Rascally Rabble Regis ad exemplum totus componitur orbis Sect. 9 Ordination in the lesser Synagog THERE were other Synagogs for other uses as those wherin the Law was read every Sabbathday each of which also had her Ruler and her Presbytery with power to ordain others to this Capacity CHAP. VI. Chap. 6 Shewing how Ordination was brought into the Christian Church and the divers ways of the same that were at divers times in use with the Apostles The form
my first Intention I shall now fall upon the second which is the intrinsic value and expediency of this Government and som little comparison with others but herein we shall be short and only so far as concerns this And indeed it is a business so ticklish that even Mr. HOBS in his piece de Cive tho he assur'd himself that the rest of his Book which is principally calculated for the assertion of Monarchy is demonstrated yet he douts whether the Arguments which he brings to this business be so firm or not and MALVEZZI contrarily remonstrats in his Discourses upon TACITUS that Optimacys are clearly better than Monarchys as to all advantages And indeed if we look on the Arguments for Monarchy they are either Flourishes or merely Notions such are the reference and perfection of Unity which say they must needs work better and more naturally as one simple cause besides that it stills and restrains all other claims than many coordinat wheras they never consider that tho among many joint Causes there may be some jarring yet like cross Wheels in an Engin they tend to the regulation of the whole What violent Mischiefs are brought in by the Contentions of Pretenders in Monarchys the Ambiguitys of Titles and lawless Ambition of Aspirers wheras in a settled Republic all this is clear and unperplex'd and in case any particular man aspires they know against whom to join and punish as a common Enemy As for that reason which alleges the advantage of Secresy in business it carries not much with it in regard that under that even most pernicious designs may be carried on and for wholsom Councils bating som more nice Transactions it matters not how much they be tost among those who are so much intrusted and concern'd in them all bad designs being never in probability so feeble and ineffectual as when there are many eyes to overlook them and voices to decry them As for that expedition in which they say Monarchs are so happy it may as well further a bad intention as give effect to a just Council it depending on the Judgment of a single man to whose will and ends all must refer wheras a select number of intrusted Persons may hasten every opportunity with a just slowness as well as they tho indeed unless it be in som Military critical Minutes I see not such an Excellency in the swiftness of heady Dispatch precipitation in Counsils being so dangerous and ominous As for what concerns privat Suitors they may as speedily and effectually if not more be answer'd in staid Republics as in the Court of a King where Bribery and unworthy Favorits do not what is just but what is desir'd WITH these and many others as considerable which partly willingly and partly in this penury of Books forgettingly I pass do they intend to strengthen this fantastical and airy Building but as sly Controverters many times leave out the principal Text or Argument because should it be produc'd it could not be so easily answer'd so these men tell us all the Advantages of Monarchy supposing them still well settled and under virtuous men but you shall never hear them talk of it in its corrupt state under leud Kings and unsettled Laws they never let fall a word of the dangers of Interreigns the Minoritys and Vices of Princes Misgovernments evil Councils Ambitions Ambiguitys of Titles and the Animositys and Calamities that follow them the necessary Injustices and Oppressions by which Monarchs using the Peoples Wealth and Blood against themselves hold them fast in their Seats and by som suspension of Divine Justice dy not violently WHEREAS other Governments establish'd against all these Evils being ever of Vigor and just Age settled in their own Right freed from pretences serv'd by experienc'd and engag'd Councils and as nothing under the Moon is perfect somtimes gaining and advantag'd in their Controversys which have not seldom as we may see in Old Rome brought forth good Laws and Augmentations of Freedom whereas once declining from their Purity and Vigor and which is the effect of that ravish'd by an Invader they languish in a brutish Servitude Monarchy being truly a Disease of Government and like Slaves stupid with harshness and continuance of the lash wax old under it till they either arrive at that Period which God prescribes to all People and Governments or else better Stars and Posterity awaken them out of that Lethargy and restore them to their pristin Liberty and its daughter Happiness BUT this is but to converse in Notions wandring and ill abstracted from things let us now descend to practical Observation and clearly manifest out the whole Series of Time and Actions what Circumstances and Events have either usher'd or follow'd one Race of Kings That if there were all the Justice in the World that the Government of a Nation should be intail'd upon one Family yet certainly we could not grant it to such a one whose criminal Lives and formidable Deaths have bin Evidences of God's Wrath upon it for so many Generations AND since no Country that I know yields such an illustrious Example of this as Scotland dos and it may be charity to bring into the way such as are misled I have pitch'd upon the Scotish History wherin as I have only consulted their own Authors as my fittest Witnesses in this case so have I not as a just History but as far as concerns this purpose faithfully and as much as the thing would permit without glosses represented it so that any calm Understanding may conclude that the Vengeance which now is level'd against that Nation is but an attendent of this new introduc'd Person and that he himself tho for the present he seems a Log among his Frogs and suffers them to play about him yet God will suffer him if the English Army prevents not to turn Stork and devour them while their Crys shall not he heard as those that in spite of the warning of Providence and the light of their own Reasons for their own corrupt Interest and greedy Ambition brought these Miserys upon themselves An Instance of the preceding REASONS out of the SCOTISH HISTORY The Second Part. AND now we com to our main business which is the review of Story wherin we may find such a direct and uninterrupted Series such mutual Endearments between Prince and People and so many of them crown'd with happy Reigns and quiet Deaths two successively scarce dying naturally that we may conclude they have not only the most reason but a great deal of excellent Interest who espouse the Person and Quarrel of the hopeful Descendent of such a Family nor shall we be so injurious to the Glory of a Nation proud with a Catalogue of Names and Kings as to expunge a great part of their number tho som who have don it affirm there can be no probability that they had any other being than what HECTOR BOYES and the black book of Pasley out of which BUCHANAN had
his Son JAMES into France the Boy was taken at Flamburg and kept by our HENRY the Fourth upon the hearing of which his Father swounded and soon after dy'd His Reign was memorable for nothing but his breaking with GEORGE Earl of March to whose Daughter upon the payment of a great part of her Portion which he never would repay he had promis'd his Son DAVID for a Husband to take the Daughter of DOUGLAS who had a greater which occasion'd the Earl of March to make many inrodes with our HENRY HOTSPUR and a famous Duel of three hundred men apiece wherof on the one side ten remain'd and on the other one which was the only way to appease the deadly Feuds of these two Familys The Interreign was govern'd by ROBERT who enjoying the Power he had too much coveted little minded the Liberty of his Nephew only he sent som Auxiliarys into France who they say behav'd themselves worthily and his slothful Son MORDAC who making his Sons so bold with Indulgence that one of them kil'd a Falcon on his fist which he deny'd to give him he in revenge procur'd the Parlament to ransom the King who had bin eighteen years a Prisoner This JAMES was the First of that name and tho he was an excellent Prince yet had a troublesom Reign first in regard of a great Pension rais'd for his Ransom next for domestic Commotions and lastly for raising of Mony which tho the Revenue was exhausted was call'd Covetousness This having offended ROBERT GRAHAM he conspir'd with the Earl of Athol slew him in his Chamber his Wife receiving two wounds endeavoring to defend him THIS JAMES left the Second a Boy of six years whose Infancy by the misguidance of the Governor made a miserable People and betray'd the Earl DOUGLAS to death and almost all that great Family to ruin but being supplanted by another Earl DOUGLAS the King in his just age suffer'd Minority under him who upon displeasure rebel'd and was kil'd by the King 's own hand Afterwards having his middle years perpetually molested with civil Broils yet going to assist the Duke of York against HENRY the Sixth he was diverted by an English Gentleman that counterfeited himself a Nuncio which I mention out of a Manuscript because I do not remember it in our Storys and broke up his Army Soon after besieging Roxburg he was slain by the bursting of a Cannon in the twenty ninth year of his Age. JAMES the Second left a Boy of seven Years govern'd by his Mother and afterwards by the BOYDS thro the persuasions of Astrologers and Witches to whom he was strongly addicted he declin'd to Cruelty which so inrag'd the Nobility that headed by his Son they conspir'd against him routing his Forces near Sterling where he flying to a Mill and asking for a Confessor a Priest came who told him that tho he was no good Priest yet he was a good Leech and with that stab'd him to the heart A Parlament approv'd his death and order'd Indemnitys to all that had fought against him JAMES the Fourth a Boy of fifteen Years is made King govern'd by the Murderers of his Father a prodigal vainglorious Prince slain at Floddon Field or as som suppose at Kelsy by the HUMES which as the Manuscript alleges seems more probable in regard that the Iron Belt to which he added a Ring every Year which he wore in repentance for the death of his Father was never found and there were many the day of Battle habited like him His Successor was his Son JAMES the Fifth of that name a Boy of not above two years of age under whose Minority what by the misgovernment of Tutors and what by the Factions of the Nobility Scotland was wasted almost into Famin and Solitude however in his just Age he prov'd an industrious Prince yet could not so satisfy the Nobility but that he and they continued in a mutual hate till that barbarous execution of young HAMILTON so fil'd him with Remorse that he dream'd he came and cut of his two Arms and threaten'd after to cut of his Head And he displeas'd the People so much that he could not make his Army fight with the English then in Scotland wherupon he dy'd of grief having first heard the death of his two Sons who dy'd at the instant of his Dream and leaving a Daughter of five days old whom he never saw THIS was that MARY under whose Minority by the weakness of the Governor and ambition of the Cardinal the Kingdom felt all those Woes that are threaten'd to them whose King is a Child till at length the prevalency of the English Arms awak'd for her cause brought the great design of sending her into France to perfection So at five Years old she was transported and at fifteen marry'd to the Dolphin FRANCIS after King while her Mother a Daughter of the GUISE in her Regency exercis'd all Rage against the Professors of the pure Religion then in the dawn FRANCIS after two Years left her a childless Widow so that at eighteen she return'd into Scotland to succede her Mother then newly dead in her Exorbitancys I HAD almost forgot to tell that this young Couple in the transport of their nuptial Solemnitys took the Arms and Title of England which indiscrete Ambition we may suppose first quicken'd the jealousy of ELIZABETH against her which after kindl'd so great a flame IN Scotland she shew'd what a strange influence loose Education has upon Youth and the weaker Sex All the French Effeminacys came over with her and the Court lost that little Severity which was left DAVID RIZIO an Italian Fidler was the only Favorit and it is too much fear'd had those enjoyments which no Woman can give but she that gives away her Honor and Chastity BUT a little after HENRY Lord Darnly coming with MATTHEW Earl of Lenox his Father into Scotland she cast an ey upon him and marry'd him Whether it were to strengthen her pretension to England he being com of HENRY the Seventh's Daughter as we shall tell anon or to color her Adulterys and hide the shame of an Impregnation tho som have whisper'd that she never conceiv'd and that the Son was supposititious or som Phrenzy of Affection drew her that way certain it is she soon declin'd her Affection to her Husband and increas'd it to DAVID he being her perpetual Companion at board and managing all Affairs while the King with a contemtible Train was sent away insomuch that som of the Nobility that could not digest this enter'd a Conspiracy which the King headed and slew him in her Chamber THIS turn'd all her neglect of the King into rage so that her chiefest business was to appease her Favorits Ghost with the slaughter of her Husband poison was first attemted but it being it seems too weak or his Youth overcoming it that expectation fail'd But the Devil and BOTHWEL furnish'd her with another that succeded she so intices him being so sick
envious Demagog going to summon him upon som pretence or other to answer for himself before the Assembly the People fell into such a Mutiny as could not be appeas'd but by TIMOLEON who understanding the matter reprov'd them by repeating the pains and travel which he had gon thro to no other end than that every Man might have the free use of the Laws Wherfore when DAEMENETUS another Demagog had brought the same Design about again and blam'd him impertinently to the People for things which he did when he was General TIMOLEON answer'd nothing but raising up his hands gave the Gods thanks for their return to his frequent Prayers that he might but live to see the Syracusians so free that they could question whom they pleas'd NOT long after being old thro som natural imperfection he fell blind but the Syracusians by their perpetual visits held him tho he could not see their greatest Object if there arriv'd Strangers they brought them to see this sight Whatever came in debate at the Assembly if it were of small consequence they determin'd it themselves but if of importance they always sent for TIMOLEON who being brought by his Servants in a Chair and set in the middle of the Theater there ever follow'd a great shout after which som time was allow'd for the Benedictions of the People and then the matter propos'd when TIMOLEON had spoken to it was put to the Suffrage which given his Servants bore him back in his Chair accompany'd by the People clapping their hands and making all expressions of Joy and Applause till leaving him at his House they return'd to the dispatch of their Business And this was the Life of TIMOLEON till he dy'd of Age and drop'd like a mature Fruit while the Eys of the People were as the Showers of Autumn THE Life and Death of my Lord ARCHON but that he had his Senses to the last and that his Character as not the Restorer but the Founder of a Commonwealth was greater is so exactly the same that seeing by Men wholly ignorant of Antiquity I am accus'd of writing Romance I shall repeat nothing but tell you that this year the whole Nation of Oceana even to the Women and Children were in mourning where so great or sad a Funeral Pomp had never bin seen or known Somtime after the performance of the Exequys a Colossus mounted on a brazen Horse of excellent Fabric was erected in the Piazza of the Pantheon ingrav'd with this Inscription on the Eastern side of the Pedestal HIS NAME IS AS Precious Ointment And on the Western with the following GRATA PATRIA Piae Perpetuae Memoriae D. D. Olphaus Megaletor Lord ARCHON and sole LEGISLATOR OF OCEANA Pater Patriae Invincible in the Field Inviolable in his Faith Vnfained in his Zeal Immortal in his Fame The Greatest of Captains The Best of Princes The Happiest of Legislators The Most Sincere of Christians Who setting the Kingdoms of Earth at Liberty Took the Kingdom of the Heavens by Violence Anno Aetat suae 116. Hujus Reipub. 50. THE PREROGATIVE OF Popular Government BEING A POLITICAL DISCOURSE In Two Books The former Containing the first Preliminary of OCEANA inlarg'd interpreted and vindicated from all such Mistakes or Slanders as have bin alleg'd against it under the Notion of Objections The Second Concerning Ordination against Dr. H. HAMMOND Dr. L. SEAMAN and the Authors they follow In which Two Books is contain'd the whole Commonwealth of the Hebrews or of Israel Senat People and Magistracy both as it stood in the Institution by MOSES and as it came to be form'd after the Captivity As also the different Policys introduc'd into the Church of CHRIST during the time of the Apostles Without Council Purposes are disappointed but in the multitude of Counsillors they are establish'd SOLOMON La multitudine è piu Savia è piu costante ch'un Principe MACCHIAVEL EPISTLE to the READER VVHOSOEVER sheds mans blood by man shall his blood be shed for in the Image of God made he Man If this Rule holds as well in shedding the blood of a Turk as of a Christian then that wherin Man is the Image of God is REASON Of all Controversys those of the Pen are the most honorable for in those of Force there is more of the Image of the Beast but in those of the Pen there is more of the Image of God In the Controversys of the Sword there is but too often no other Reason than Force but the Controversy of the Pen has never any Force but Reason Of all Controversys of the Pen next those of Religion those of Government are the most honorable and the most useful the true end of each tho in a different way being that the Will of God may be don in Earth as it is in Heaven Of all Controversys of Government those in the vindication of Popular Government are the most noble as being that Constitution alone from whence all we have that is good is descended to us and which if it had not existed Mankind at this day had bin but a Herd of Beasts The Prerogative of Popular Government must either be in an ill hand or else it is a game against which there is not a Card in the wole pack for we have the Books of MOSES those of the Greecs and of the Romans not to omit MACCHIAVEL all for it What have the Asserters of Monarchy what can they have against us A Sword but that rusts or must have a Scabbard and the Scabbard of this kind of Sword is a good frame of Government A MAN may be possest of a piece of Ground by force but to make use or profit of it he must build upon it and till it by Reason for whatever is not founded upon Reason cannot be permanent In Reason there are two parts Invention and Judgment As to the latter In a multitude of Counsillors say both SOLOMON and MACCHIAVEL there is strength Nay as for Judgment there is not that Order in Art or Nature that can compare with a Popular Assembly THE VOICE OF THE PEOPLE IS THE VOICE OF GOD. Hence it is that in all well-order'd Policys the People have the ultimat result but unless there be som other to invent a Popular Assembly can be of no effect at all but Confusion Invention is a solitary thing All the Physicians in the world put together invented not the Circulation of the Blood nor can invent any such thing tho in their own Art yet this was invented by one alone and being invented is unanimously voted and imbrac'd by the generality of Physicians The Plow and Wheels were at first you must think the invention of som rare Artists but who or what shall ever be able to tear the use of them from the People Hence where Government is at a loss a sole Legislator is of absolute necessity nay where it is not at a loss if well model'd as in Venice the Proposers tho frequently changeable
or at least som one of the Jethronian Courts THEY us'd also to confer this Ordination som time occasionally and for a season in this manner Receive the gift of judiciary Ordination Maimon Tit. San. cap. 4. or the right of binding and loosing till such time as you return to us in the City Where the Christian Jews still following their former Customs in higher matters as the observation of the Sabbath and of Circumcision even to such a degree that PAUL not to displease them took TIMOTHY and circumcis'd him seem to me to have follow'd this custom who when the Prophets at Antioch had inform'd them that PAUL and BARNABAS were to be separated to an extraordinary work laid their hands upon them and sent them away for otherwise Acts 13. 3. as to Ordination PAUL and BARNABAS had that before at least PAUL by ANANIAS and for any such Precept in the Christian Religion Acts 9. 17. there was none JOSEPHVS PHILO and other Authors that tell us the Commonwealth of Israel was an Aristocracy look no farther than the introduction of the Chirothesia by the Presbyterian Party which must have taken date som time after the Captivity or the restitution of the Commonwealth by EZRA there being not one syllable for it in Scripture but enough to the contrary seeing God introduc'd the Chirotonia By which it is demonstrable that a Presbyterian Party may bring a Popular Government to Oligarchy and deface even the work of God himself so that it shall not be known to after ages as also that Ecclesiastical Writers for such are the Talmudists may pretend that for many hundred years together as Divines also have don to be in Scripture which neither is nor ever was there But have I yet said enough to shew that Ordination especially as in this Example not of a Clergy but of a Magistracy whether by the Chirotonia or Chirothesia is a Political Institution or must I rack my brains for Arguments to prove that an Order or a Law having such influence upon the Commonwealth that being introduc'd or repeal'd it quite alters the whole frame of the Government must needs be of a political nature and therfore not appertain to Divines or to a Clergy but to the Magistrat unless their Traditions may be of force to alter the Government as they please All is one they can abate nothing of it let what will com of the Government the Chirothesia they must and will have Then let them have Monarchy too or Tyranny for one of these according as the balance happens to stand with or against their Chirothesia is the certain consequence either Tyranny as in Israel or Monarchy as in the Papacy and from that or the like Principle in all Book II Gothic Empires which Examples to begin with Israel well deserve the pains to be somwhat more diligently unfolded ALL Elections in Israel save those of the Priests who were eligible by the Lot being thus usurp'd by the Presbyterian Party and the People by that means devested of their Chirotonia som three hundred years before CHRIST HILLEL Senior High Priest and Archon or Prince of the Sanhedrim found means to draw this Power of Ordination in shew somwhat otherwise but in effect to himself and his Maimon Tit. San. cap. 4. Chirothesia for by his influence upon the Sanhedrim it was brought to pass that wheras formerly any man ordain'd might in the manner shewn have ordain'd his Disciples it was now agreed that no man should be ordain'd without the License of the Prince and that this Power should not be in the Prince but in the presence of the Father of the Sanhedrim or Speaker of the House Thus the Aristocracy of Israel becoming first Oligarchical took according to the nature of all such Governments long steps towards Monarchy which succeding in the Asmonean Family commonly call'd the Maccabees was for their great merit in vindicating the Jews from the Tyranny of ANTIOCHUS confirm'd to them by the universal consent and Chirotonia of the People Nevertheless to him that understands the Orders of a Commonwealth or has read the Athenian Lacedemonian or Roman Story it will be plain enough that but for their Aristocracy they needed not to have bin so much beholden to or to have stood so much in need of one Family It is true both the merit of these Princes and the manner of their free Election by the People seem to forbid the name of Tyranny to this Institution but so it is that let there be never so much Merit in the Man or Inclination of the People to the Prince or the Government that is not founded upon the due balance the Prince in that case must either govern in the nature of a Commonwealth as did those of this Family reforming the policy after the Lacedemonian Model or turn Tyrant as from their time who liv'd in the Age of the Grecian Monarchy did all their Successors till under the Romans this Nation became a Province From which time such Indeavors and Insurrections they us'd for the recovery of their antient Policy that under the Emperor ADRIAN who perceiv'd at what their Ordination being not of Priests but of Magistrats and of a Senat pretending to Soverain Judicature and Authority seem'd to aim there came says the Talmud against the Israelites an Edict out of the Kingdom of the Wicked meaning the Roman Empire wherby whosoever should ordain or be ordain'd was to be put to death and the School or City in which such an Act should be don to be destroy'd wherupon Rabbi JEHUDA BEN BABA lest Ordination should fail in Israel went forth and standing between two great Mountains and two great Citys and between two Sabbathdays journys from Osa and Sephara ordain'd five Presbyters For this Feat the Rabbi is remember'd by the Talmudists under the name of Ordinator but the same as it follows being discover'd by the Roman Guards they shot his Body thro with so many Darts as made it like a Sive Yet staid not the business here but so obstinat continu'd the Jews in the Superstition to which this kind of Ordination was now grown that wheras by the same it was unlawful for them to ordain in a foren Land and at home they could not be brought to abstain the Emperor banish'd them all out of their own Country whence happen'd their total Dispersion That of a Chap. 4 thing which at the first was a mere delusion such Religion should com in time and with education to be made that not only they who had receiv'd advantage could suffer Martyrdom but they that had lost by it would be utterly lost for it were admirable in the case of this People if it were not common in the case of most in the World at this day Custom may bring that to be receiv'd as an Ordinance of God for which there is no color in Scripture For to consult MAIMONIDES a little better upon this point Wheras says he they grant in case it
the detection of ACHAN The words of the Law wherby the Fact of ACHAN was criminal are these If thou shalt hear say in one of thy Citys which the Lord thy God has given thee to dwell therin saying Certain men the Children of Belial are gon out from among you and have withdrawn the Inhabitants of their City saying Let us go and serve other Gods which you have not known then shalt thou inquire and make search and ask diligently and behold if it be truth and the thing certain that such Abomination is wrought among you thou shalt surely smite the Inhabitants of that City with the edg of the Sword destroying it utterly and all that is therin and the Cattel therof with the edg of the Sword And thou shalt gather all the spoil of it into the midst of the street therof and shalt burn with fire the City and all the spoil therof every whit for the Lord thy God and it shall be a heap for ever it shall not be built again and there shall cleave nought of the accurs'd thing to thy hand Among the Citys that were given by God to Israel was Jericho Now tho against this City before it was taken JOSHUA had solemnly Josh 6. 17. and publicly denounc'd the Anathema or Curses contain'd in the foregoing Law and after the taking of it had in all appearance executed upon it the whole of the Anathema so pronounc'd yet thro subsequent losses before the City of Ai being sore afflicted he enter'd into suspicion that there might have bin som failure in the performance Book II of the Law Wherupon he rent his Clothes and fell to the Josh 7. 6. Earth upon his face before the Ark of the Lord till the eventide he and the Elders or Sanhedrim of Israel and put dust on their heads The Sanhedrim in difficult cases of the Law inquir'd of God by Vrim and the Sanhedrim or the People in cases of high concernment to the State as in the War against BENJAMIN inquir'd of the Ark. When God was inquir'd of by Vrim he gave his Oracle by the shining of certain Stones or Jewels in the Breastplate of the High Priest When he was inquir'd of by the Ark he gave his Oracle vocally from the Mercy seat which was plac'd upon the Ark of the Covenant Whence he who sat between the Cherubims thus answer'd JOSHUA Josh 7. 10. Get thee up wherfore liest thou thus upon thy face Israel has sinn'd they have even taken of the accurs'd thing JOSHUA thus inform'd of the Crime but not so particularly of the Malefactor as to know Josh 7. 17. where to charge it calls the whole People to the Urns in one of which it may be thought that there were eleven white Stones or Lots with one black one and in the other the twelve Names of the Tribes So Israel coming first by Tribes to the Urns the Tribe of JUDAH was taken that is this Tribe lighting upon the black Lot was denoted for the Guilty Tribe Which consisting as appear'd by the Catalog of five Familys wherof the Zarhits were one came next by Familys to the Urn wherin there might be four white Lots and one black one by which the Zarhits were taken In like manner came the Family of the Zarhits by Housholds and the Houshold of ZABDI was taken Last of all came the Houshold of ZABDI man by man and ACHAN was taken This kind of Inquisition was perform'd with such Religion and Solemnity that a man thus taken if he had any guilt could have no face to conceal it or if there were any Witnesses of his Crime they could not any longer dissemble it and whether he were convicted by testimony or by his own confession as now ACHAN he was put to death The like proceding in part 1 Sam. 14. is imply'd to have bin in the case of JONATHAN tho in this by agreement therupon between SAUL and the People it should seem as if but two Lots were put into the Urn wherof SAUL and JONATHAN on the one part drew the black Or the Prince of the Tribe of JUDAH drawing for the whole People on the other part drew the white one and that the same being put into the Urn again to decide it between SAUL and JONATHAN JONATHAN drew the black wherupon he being question'd confess'd the fact and but that the People rescu'd him from SAUL had bin put to death Sect. 12 Distribution of Lands and Agrarian Laws in Israel TO conclude with the use of the Lot in the division of the Land of Canaan This as implying the Foundation or Balance of the Government ought to have bin the first in order but happens here to com last because these Orders were instituted in the Wilderness and so before the People had any Lands to divide Nevertheless this also was propos'd by MOSES and resolv'd by the People By lot was their Josh 14. 2. Inheritance as the Lord commanded MOSES and now coms as it was or should have bin put in execution by JOSHUA to be consider'd IT may be true that the Roman People were the wisest that have bin and it is true that they only of a People did labor to introduce Agrarian Laws tho without effect Otherwise Levelling was never introduc'd but by the wisdom and providence of som great Man as a MOSES a JOSHUA or a LYCURGUS or by som accident or Chap. 2 accidents bringing a Nobility to ruin as the Laws of HENRY VII and the ways of HENRY VIII in England Num. 1. 46. Num. 26. 51. BETWEEN the Muster Roll in Sinai wherby the men of military age as was shewn amounted to six hundred and three thousand five hundred and fifty in the twelve Tribes and the Law for the division of the Land of Canaan there happen'd a Plague by which the number of the People upon a new Poll came but to six hundred and one thousand seven hundred and thirty Upon this Poll was the Law made which runs thus To these the Land shall be divided for an Inheritance V. 53 54 55 56. according to the number of names To many thou shalt give the more Inheritance and to fewer thou shalt give the less inheritance To every one shall his Inheritance be given according to those that were number'd of him Notwithstanding the Land shall be divided by lot according to the names of the Tribes of their Fathers they shall inherit according to the lot shall the possession therof be divided to many and few This Law in another place is repeated thus You shall divide the Num. 33. 54. Land by lot for an inheritance among your Familys and to many ye shall give the more Inheritance and to the fewer ye shall give the less Inheritance Every man's inheritance shall be in the place where his Lot falls according to the Tribes of your Fathers ye shall inherit IN the making of these Lots consideration was as well had of the goodness
Ambition promted were equally capable of Magistracy Citys of Refuge Num. 35. OF the Levitical Citys three beyond and three on this side Jordan Sect. 14 were Citys of Refuge If a man was slain the next of kindred by the Laws of Israel was the Avenger of Blood and to the Avenger of Blood it was lawful to slay him that slew his Kinsman wherever he could find him except only in a City of Refuge For this cause if a man had slain another he fled immediatly to one of these Sanctuarys whence nevertheless the Judges in the Gates within whose proper verge the Crime was committed caus'd the Malefactor to be brought before them by a Guard and judg'd between the Slayer and the Avenger of Blood If that which we call Murder or Manslaughter was prov'd against him by two Witnesses he was put to death but if it was found as we say Chancemedly he was remanded with a Guard to the City of Refuge whence if before the Death of the High Priest he was found wandring it was lawful not only for the Avenger of Blood but for any man else to slay him The High Priest being dead he return'd not home only but to his Inheritance also with liberty and safety If a Priest had slain a man his Refuge was the Sanctuary whence nevertheless he was taken by the Sanhedrim and if upon trial he was found guilty of wilful Murder put to death If a man coms presumtuously upon his Neighbor to slay Exod. 21. 14. him with guile thou shalt take him from my Altar that he may dy The Jubile INHERITANCES being thus introduc'd by the Lot were immovably Sect. 15 intail'd on the Proprietors and their Heirs for ever by the institution of the Jubile or the return of Lands however sold or ingag'd once in fifty years to the antient Proprietor or his lawful Heir Yet remain'd there two ways wherby Lots might be accumulated the one by casual Inheritance the other by marriage with an Heiress as in the case Num. 36. of ZELOPHEDAD or of his Daughters NOW to bring the whole result of these historical parts thus prov'd Sect. 16 to the true Political Method or Form the Commonwealth instituted by MOSES was according to this Model The Model of the Common-wealth of Israel THE whole People of Israel thro a popular distribution of the Land of Canaan among themselves by lot and the fixation of such a popular Balance by their Agrarian Law or Jubile intailing the inheritance of each Proprietor upon his Heirs for ever was locally divided into twelve Tribes Book II EVERY Tribe had a double capacity the one Military the other Civil A TRIBE in its Military capacity consisted of one Staff or Standard of the Camp under the leading of its distinct and hereditary Prince as Commander in chief and of its Princes of Familys or chief Fathers as Captains of thousands and Captains of hundreds A TRIBE in its Political capacity was next and immediatly under the government of certain Judicatorys sitting in the Gates of its Citys each of which consisted of twenty three Elders elected for life by free suffrage THE Soverain Power and common Ligament of the twelve Tribes was the Sanhedrim of Israel and the Ecclesia Dei or Congregation of the Lord. THE Sanhedrim was a Senat consisting of seventy Elders for life so instituted by the free Election of six Competitors in and by each Tribe every Elder or Senator of the Sanhedrim being taken out of this number of Competitors by the Lot THE Congregation of the Lord was a Representative of the People of Israel consisting of twenty four thousand for the term of one month and perpetuated by the monthly Election of two thousand Deputys of the People in each Tribe THE Sanhedrim upon a Law made was a standing Judicatory of Appeal from the Courts in the Gates throout the Tribes and upon a Law to be made whatever was propos'd by the Sanhedrim and resolv'd in the affirmative by the Congregation of the Lord was an Act of the Parlament of Israel Deut. 4. 5 6. OF this Frame says MOSES to the People as well he might Behold I have taught you Statutes and Judgments even as the Lord my God commanded me that ye should do so in the Land whither you go to possess it Keep therfore and do them for this is your Wisdom and your Vnderstanding in the sight of the Nations which shall hear all these Statutes and say Surely this great Nation is a wise and understanding People In another place upon the Peoples observing this form he pronounces all the choicest Blessings and in case of violation of the same a long enumeration of most dreadful Curses among which he Deut. â—8 36. has this The Lord shall bring thee and thy King which thou shalt set over thâ—e to a Nation which neither thou nor thy Fathers have known and there shalt thou serve other Gods Wood and Stone In which words first he charges the King upon the People as a Creature of their own and next opposes his Form pointblank to Monarchy as is farther apparent in the whole Antithesis running throout that Chapter To the neglect of these Orders may be apply'd those words of DAVID I have said that ye are Gods but ye shall dy like Men and fall like one of the Princes But this Government can with no countenance of Reason or testimony of Story give any man ground to argue from the Frame thus instituted by MOSES that a Commonwealth rightly order'd and establish'd may by any internal cause arising from such Orders be broken or dissolv'd it being most apparent that this was never establish'd in any such part as could possibly be holding MOSES dy'd in the Wilderness and tho JOSHUA bringing the People into the promis'd Land did what he could during his Life towards the establishment of the Form design'd by MOSES yet the hands of the Peopl e specially after the death of JOSHUA grew slack and they Chap. 3 rooted not out the Canaanits which they were so often commanded to do and without which it was impossible their Commonwealth should take any root Nevertheless settled as it could be it was in som parts longer liv'd than any other Government has yet bin as having continu'd in som sort from MOSES to the dispersion of the Jews in the Reign of the Emperor ADRIAN being about one thousand seven hundred years But that it was never establish'd according to the necessity of the Form or the true intent of MOSES is that which must be made farther apparent throout the sequel of the present Book and first in the state of the Israelits under their Judges CHAP. III. Shewing the Anarchy or State of the Israelits under their Judges A full Description of the Representative of the People of Israel 1 Chr. 27. THE Frame of that which I take to have bin the ordinary Congregation Sect. 1 or Representative of the People of Israel is not perfectly
them be refer'd the Judgment of all Magistrats in Cases of Maladministrations in their Offices AND in prosecution of these Principles YOVR Petitioners humbly propose for the settlement of this Commonwealth that it be ordain'd 1. THAT the Parlament or the supreme Authority of England be chosen by the free People to represent them with as much equality as may be 2. THAT a Parlament of England shall consist of two Assemblys the lesser of about three hundred in whom shall reside the intire power of consulting debating and propounding Laws the other to consist of a far greater number in whom shall rest the sole power of resolving all Laws so propounded 3. THAT the free People of England in their respective divisions at certain days and places appointed shall for ever annually chuse one third part to each Assembly to enter into their Authority at certain days appointed the same days the Authority of a third of each of the said Assemblys to cease only in the laying the first Foundation in this Commonwealth's Constitution the whole number of both the Assemblys to be chosen by the People respectively viz. one third of each Assembly to be chosen for one year one third for two years and one third for three years 4. THAT such as shall be chosen having serv'd their appointed time in either of the said Assemblys of Parlament shall not be capable to serve in the same Assembly during som convenient interval or vacation 5. THAT the Legislative Power do wholly refer the execution of the Laws to the Magistracy according to the sixth Principle herein mention'd 6. THAT in respect to Religion and Christian Liberty it be ordain'd that the Christian Religion by the appointment of all succeding Parlaments be taught and promulgated to the Nation and public Preachers therof maintain'd and that all that shall profess the said Religion tho of different Persuasions in parts of the Doctrin or Disciplin therof be equally protected in the peaceable profession and public exercise of the same and be equally capable of all Elections Magistracys Preferments in the Commonwealth according to the order of the same Provided always that the public exercise of no Religion contrary to Christianity be tolerated nor the public exercise of any Religion tho professedly Christian grounded upon or incorporated into the Interest of any Foren State or Prince THESE your Petitioners humbly conceive to be the Essentials of the form of a free Commonwealth which if they were made fit for practice by your Honors appointing the numbers times places and all other necessary circumstances and settl'd as the fundamental Orders of the Commonwealth would naturally dispose those that should hereafter be chosen into the Parlaments from the love of their own interest to seek the common good being oblig'd by the Constitutions here humbly offer'd to partake with the whole body of the People of the good or evil that shall happen to the Commonwealth having no probable temtations or means left to compass any privat or factious ends in matters Religious or Civil And your Petitioners cannot imagin a greater security for the Cause and Interest contended for with such effusion of Blood than by disposing the free People into this kind of order wherby the same Cause would becom their common Interest Yet if your Honors should think it necessary or convenient for securing the minds of such as are doubtful and jealous that the People may betray their own Libertys there may be inserted into the fundamental Orders of the Commonwealth these following Expedients viz. 1. THAT for securing the Government of this Commonwealth and of the Religious and Civil freedom of the good People therof it may be for ever esteem'd and judg'd Treason against the Common-wealth for any Member of either Assembly of Parlament or any other person whatsoever to move or propose in either of the said Assemblys the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of England or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of Religious persons of different Persuasions 2. THAT about the number of twelve persons of the most undoubted Fidelity and Integrity may be authoriz'd and impower'd for som certain number of years next insuing to seize apprehend and in safe custody to detain any person or persons whatsoever till he or they be in due form of Law deliver'd as is hereafter specify'd that shall move or propose in either of the said Assemblys of Parlament the restitution of Kingly Government or the introduction of any single Person to be chief Magistrat of this Commonwealth or the alteration of that part of the fundamental Order herein contain'd that concerns the equal freedom and protection of religious persons of different persuasions but for no other matter or cause whatsoever And when it shall happen that any person or persons shall be arrested or seiz'd for any of the causes aforesaid in manner aforesaid then a Commission of Oyer and Terminer may issue forth in due form of Law to the said twelve or any six of them to procede in due form of Law within one month after the apprehension of any such person or persons to the arrainment and public trial of every such person or persons and upon the legal conviction of him or them by the testimony of two sufficient Witnesses of any of the Treasons herein declar'd to condemn to the pains of death and to cause the same Judgment to be duly executed and the Keeper or Keepers of the Great Seal of England that shall be for the time being may be authoriz'd and requir'd from time to time during the term of years to issue out Commissions to the said twelve or any six of them authorizing them to procede as aforesaid AND if your Honors shall further judg it convenient the fundamental Orders of the Government may be consented to or subscrib'd by the People themselves if their express Pact shall be esteem'd any additional security other Nations upon the like occasions of expulsion of their Kings having taken the Peoples Oaths against their returning And the same may be proclaim'd as often as our Ancestors provided for the proclaiming of Magna Charta and any further security also added if any can be found among men that has a foundation in Justice NOW your Petitioners having with humble submission to your grave Wisdoms thus declar'd their apprehensions of the present condition of this distracted Nation and the only effectual means under God to prevent the impending Mischiefs They do must humbly pray THAT such speedy considerations may be had of the Premises as the Condition of this Nation requires and that such a method may be settled for the debating and consulting about the Government that your wise Results may be seasonable for the healing all the breaches of the Commonwealth and establishing the sure foundations of Freedom Justice Peace and Unity And your Petitioners shall always pray c. Wednesday July the 6 th 1659. THE House being inform'd that divers Gentlemen were at the door with a Petition they were call'd in and one of the Petitioners in behalf of himself and the rest said We humbly present you a Petition to which we might have had many thousand hands but the Matter rather deserves your serious Consideration than any public Attestation and therfore we do humbly present it to this Honorable House Which after the Petitioners were withdrawn was read and was intitl'd The humble Petition of divers wellaffected Persons Resolv'd THAT the Petitioners have the Thanks of the House THE Petitioners were again call'd in and Mr. Speaker gave them this Answer Gentlemen THE House has read over your Petition and find it without any privat end and only for the public Interest and I am commanded to let you know that it lys much upon them to make such a Settlement as may be most for the good of Posterity and they are about that work and intend to go forward with it with as much expedition as may be And for your parts they have commanded me to give you Thanks and in their names I do give you the Thanks of this House accordingly Tho. St. Nicholas Clerc of the Parlament FINIS Advertisement DIscourses concerning Government by ALGERNON SIDNEY Son to ROBERT Earl of Leicester and Ambassador from the Commonwealth of England to CHARLES GUSTAVUS King of Sweden Published from an Original Manuscript of the Author Price 15 s. A Complete Collection of the Historical Political and Miscellaneous Works of JOHN MILTON both English and Latin With som Papers never before publish'd In 3 Vol. To which is prefix'd The Life of the Author containing besides the History of his Works several extraordinary Characters of Men and Books Sects Partys and Opinions Price 35 s. Both printed by J. DARBY and sold by the Booksellers