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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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of it the Common wealth came plainly unto ruine If a Venetian should keep a Table or have his House furnished with retainers he would be obnoxious unto the Council of Ten and if the best of them appear with other state or equipage then is allowed unto the meanest he is obnoxious unto the Officers of the Pomp which two Orders in a Common-wealth where the Gentry have but small Estates in Land are as much as need be in lieu of an Agrarian But the German Republicks have no more to supply the place of this Law then that Estates descending are divided among the Children which sure no man but will say must needs be both just and pious And we ask you no more in Oceana where grant this and you grant the whole Agrarian Thus had I set him all the Common wealths in the World before and so it is no fault of mine that he will throw but at three of them These are Israel Lacedemon Oceana First at Israel Mr. Harrington sayes he thinks not upon the promise of God unto Abraham whence the Israelites derived their right unto the Land of Canaan but considers the division of the Lands as a Politick Constitution upon which the Government was founded though in the whole History of the Bible there be not the least foot-step of such a design What meanes the man The right of an Israelite unto his Land derived from the promise of God unto Abraham therefore the right of an Oceaner unto his Land must derive from the promise of God unto Abraham Or why else should I in speaking of Oceana where Propriety is taken as it was found and not stirred an hair think on the promise to Abraham Nor matters it for the manner of division seeing that was made and this was found made each according unto the Law of the Government But in the whole Bible sayes he there is not the least foot-step that the end of the Israelitish Agrarian was Politicall or that it was intended to be the foundation of the Government The foot-steps of God by the Testimony of David may be seen in the deep waters much more by the consent of the whole Bible in Land or in the foundation of Empire unless we make the foot-steps of God to be one thing and his wayes another which as to Government are these God by the Ballot of Israel more fully described in the next Book divided the Land some respect had unto the Princes and Patriarchs for the rest to every one his inheritance according unto the number of names which were drawn out of the one Urne first and the Lots of Land the measure with the goodness of the same considered drawn afterwards out of the other Urn unto those Names Wherefore God ordaining the Cause and the Cause of Necessity producing the effect God in ordaining this Ballance intended popular Government But when the People admitting of no Nay would have a King God thereupon commanding Samuel to shew them the manner of the King Samuel declared unto the People concerning the manner or policy of the King saying He will take your Fields and your Vineyards and your Olive-yards even the best of them and give unto his servants which kind of proceeding must needs create the ballance of a Nobility Over and above this he will take the tenth of your seed and of your Vineyards and of your sheep by way of tax for the maintenance of his Armies and thus your Daughters shall come to be his Cooks and Confectioners and your Sons to run before his Chariot There is not from the ballance to the superstructures a more perfect description of a Monarchy by a Nobility For the third branch the People of Aegypt in time of the Famine which was very sore come unto Joseph saying Buy us and our Land for bread and we and our Land will be servants unto Pharaoh And Joseph bought all the Land of Aegypt except that of the Priests for Pharaoh So the Land became Pharaohs who lest the remembrance of their former Propriety by lively marks and continual remembrancers should stir them up as the Vandalls in Africa exuted in like manner of their Propriety and yet remaining in their ancient dwellings were stirred up by their Women unto sedition removed the People thus sold or drave them like Cattle even from one End of the borders of Aegypt unto the other end thereof In which you have the ballance of a sole Land-lord or absolute Prince with the miserable and yet necessary consequence of an inslaved people Now the ballance of Governments throughout the Scriptures being of these kindes and no other the Ballance of Oceana is exactly calculated unto the most approved way and the clearest footsteps of God in the whole History of the Bible and whereas the Jubile was a Law instituted for preservation of the Popular ballance from alteration so is the Agrarian in Oceana But says the Praevaricator Hocus Pocus or in the name of wonder how can this Agrarian be the foundation of that Government which had subsisted more than forty five years without it For they were so long after the giving of this Law for the division of the Land before they had the Land to divide Which is as if one should say upon that other law of the like date Judges and Officers shalt thou make thee in all thy gates Hocus Pocus or in the name of wonder how should the Children of Israel make them Judges and Officers in in their gates before they had any gates to make them in fine sport to be play'd by an Attorney for the Clergy with Scripture where it is plain enough that the Laws of a Common-wealth were given by Moses unto an Army to be put in Execution when that Army should become a Common-wealth as hapned under Joshua But no saying will serve his turn If this Agrarian were meant as fundamentall to the Government the Provision he will have it was weak and not proper for attaining the end proposed there being nothing in the Nature of the Agrarian to hinder but that the whole Countrey might for the space of near fifty years that is the time between the two Jubilees have come into the hands of One Man and so have destroyed Ballance Agrarian Government and all This they that boast of their Mathematicks might have taken the pains before they had been so confident to have demonstrated possible as how or by what meanes one Lot could come in fifty years to be multiplied six hundred thousand times and that without usury which barre the Israelites being no Merchants was thought sufficient to be given or thus to call the prudence of God by their impracticable Phansyes in question is abominable I would have Divines as this Praevaricator perswades and it should seem hath perswaded some of them to overthrow the Common-wealth of Israel for otherwise I will give them my word they shall never be able to touch that of Oceana which expect in
Christ intended his Doctrine should be preached unto all Nations so he intended his Discipline should be such as might sute with any Government as indeed if the choice of any of these three be lawful it doth exactly is I hope performed For where the Government is popular it is the same with the first where it is Aristocratical or Monarchical it agrees with the last and where it is mixed it is between both and responsible unto the second Of these three in the further exercise of their natural and intended complyance with humane prudence it may be convenient to give some fuller Exemplification That any other Ordination than that of the first kinde for the original Authority or practise of it whether in the Common-wealth of Israel or in the Church of Christ and indeed for the prerogative of the same in nature should have been introduced by the Apostles where it might much less where the nature of the civil Policy would admit of no other is neither propable by Scripture nor Reason whence it is that in the Cities of Lyeaonia and Pisidia the Government of these being then Popular we do not find any mention at all of the Chirothesia the Apostles in these places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Chirotonizing Elders in every Congregation To evade this place our Adversaries turn tails to the things and make their whole flight at the words In taking one of them into the disputation I shall take in all for they run all upon the same quotations or with little addition That the word Chirotonizing saith Doctor Hamond in this place signifies no more than Ordaining by the Imposition of Hands is not so generally acknowledged by late Writers but that it may be useful to give some few Testimonies out of those Wtiters which were nearest the times of the Scripture Thus Philo Judaeus of Joseph 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he was ordained Governour of all Aegypt under the King So again of Moses 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he was constituted their Ruler So of Aarons sons 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 God constituted them Priests Alexander son of Antiochus Epiphanes writes to Jonathan 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 we in the regal stile constitute thee High Priest Lucian saies of Hephestion 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that Alexander made him a God when he was dead Appian which is added out of Grotius whence most of the rest is taken to signifie Election of Magistrates made by the Romane Emperors uses no other word and later Writers speak of some that were chirotonized Emperors by their Fathers For the use of the word among Christian Writers take one place in the Author of the Constitutions for many Clement after the death of Linus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 was ordained Bishop of Rome by Peter But what need any more Christs Disciples are said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 designed or fore-constituted by God the witnesses of his Resurrection by al which that of Paul Barnabas 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is but constituting or creating Elders in every Church Wherefore they that have looked so far back to the Original as to think it necessary to render the word to create by suffrages are sure guilty of very impertinent nicety I promise you had this been against one of our Doctors it might have been a rude charge but it is but against Erasmus Beza Diodati and such as took upon them to translate the Switz French Italian Belgicke and till the Episcopal correction the English Bibles And what apparent cause is there of such confidence What necessity is there even in the places alleadged why the word Chirotonia should be understood in the sense imposed The People of Aegypt till having sold their Lands they came to loose their Popular ballance were not servants unto Pharaoh wherefore when Joseph was made Governour over all Aegypt they were sree now that a King should make a Governour of a free People without their consent or some advice as we say of his Parliament is altogether impropable the rather because a Protector in the absence or minority of the King hath been no otherwise made in England nor pretendeth the present Protector unto any other title than the like Chirotonia But that Moses is said by the same Author who affirmed that he introduced the Chirotonia in Israel to have been Chirotonized Ruler of the People can in my judgement be no otherwise than originally and literally taken seeing God himself was no otherwise made King in Israel than by the suffrage of the People That the like must be understood of the Sons of Aaron hath been already shewn The Doctor is the first hath told me that the plural number for the royal stile is so ancient as Epiphanes Sure I am it was not deriv'd from his Macedonian Predecessors for in the Letters to the Athenians and the Thebans recited by Demosthenes Philip of Macedon writes in the singular number But the Letter of Epiphanes to Jonathan must it seems import that he at single hand though the words carry double had Chirotonized an High Priest of the Jews Who can help it Some Princes have not onely given out that their Priests have been chirotonized when they were not but that themselves have been Chirotonized when there was no such matter When a Prince saies that he was Chirotonized or Elected by the People to talk of Rhetorique is to have none Divines in this case commonly understand it to be proper or literally meant for to impose a new sense is to spoil the word and spoil the word spoil the Prince Lucian is a droll and intends a jest but not so good an one as that he of all other should come nearest to help up with an Heirarchy For the Chirotonia or Election of the Roman Magistrates by the suffrage of the People or of the Army every man knows that it is literal Suidas himself interpreting the word by this very example where he affirms it to signifie Election or Ratification by the many The quotation out of the Constitutions with those of Bishop Bilson and others out of the Greek Fathers and out of Councils do not onely imply the word Chirotonia but the thing while they all relate unto that kind of Ordination which being in those Churches yet administred as at the Ordination of Stephen was not conferred without the consent of the People But it is above all that labouring to prove the Chirotonia and the Chirothesia to be the same thing they should rely most upon the place where the Apostles are said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to have been fore-chirotonized by God as if it were clear in this that God ordained the Apostles by the laying on of Hands for so it must be understood or it makes no more for them than for us Or if they mean it onely to shew that the word Chirotonia or suffrage is used for some Ordination that cannot be taken in our sense so the word Chirothesia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or laying on
with himself which abating the figure is the same again and so I have nothing to answer but the figure Now for this the Prince himself is no otherwise tall then by being set upon the shoulders of the Nobility and so if they set another upon the same shoulders as in Henry the 4th or the 7th who had no Titles unto the Crown nor could otherwise have measured with the Prince be he never so low he comes to be tall enough in his particular person to measure with the Prince and to be taller too not only by those Old Examples but others that are younger than our selves though such the Nobility having not of late been weighty enough to keep the People under as derive from another Principle that of Popular ballance A Prince therefore preserving his Nobility weighty enough to keep under the people must preserve in them the ballance of that kind of Empire and the ballance containing the riches which are the power and so the Arms of the Nation this being in the Nobility the Nobility when willing must be able to dispose of the King or of the Government Nor under a lesse weight is a Nobility qualified to keep down the people as by an Argument from the contrary Henry the 7th having found the strength of his Nobility that set him in a Throne to which he had no right and fearing that the tide of their favour turning they might do as much for another abated the dependance of their Tenants and cut off their Train of Retainers which deminution of their weight releasing by degrees the People hath caused that Plain or Level into which we live to see the Mountain of that Monarchy now sunck and swallowed wherefore the ballance of the Nobility being such as failing that kind of Monarchy comes to ruine and not failing the Nobility if they joyn may give Law unto the King the inherent disease of Monarchy by a Nobility remains also uncured and uncurable These are points to which I had spoken before but something concerning France and Forraign Guards was mumbled by the Praevaricator in a wrong place while he was speaking of Turkey where there is no such thing This least I be thought to have courted Opposition for nothing shall open a New Scene while I take the occasion in this place to speak first of the Ballance of the French Monarchy and next of the Nature and use of Forraign Guards The whole Territory of France except the Crown Lands which on this account are not considerable consisteth of three shares or parts whereof the Church holdeth one the Nobility another and the Presidents Advocates other Officers of the Parliaments Courts of Justice the Citizens Merchants Tradesmen the Treasurers receivers of the Customes aids taxes impositions Gabells all which together make a vast body hold a Third by how equal portions I am sorry that I do not know nor where to learn but this is the ballance of the French Monarchy unto which the Paisant holding nothing but living though in one of the best Countrys of the world in the meanest and most miserable Condition of a Labourer or Hiend is of no account at all The parties that hold the ballance in a Territory are those of whom the Government doth naturally consist wherefore these are called Estates so the Clergy the Nobility and the Commons are the three Estates of France Though the Third because the Paisant partaking not of the ballance can in relation to Government be of no account is not called the Commons but only the Third Estate whereas the Yeomanry and Gentry in England having weighed as well in the ballance as the Church and the Nobility the three Estates of England while the Monarchy was in vigour were the Clergy the Nobility and the Commons The Consent of Nations evinceth that the Function of the Clergy or Priest except where otherwise determined of by Law appertaineth unto the Magistrate By this right Noah Abraham Job with the rest of the Patriarchs instructed their Families or sacrisiced There seemeth to have been a kind of Commonwealth in Canaan while Melchisedec was both King and Priest Such also was Moses till he consecrated Aaron and confer'd the Priesthood upon the Levites who are expresly said to succeed unto the first born that is unto the Patriarchs who till then exercised that Function Nor was it otherwise with the Gentiles where they who had the Soveraign power or were in eminent Magistracy did also the Priestly Office omnino apud veteres qui rerum potiebantur iidem Auguria tenebant ut enim sapere sic divinare regale ducebant saith Cicero and Virgil Rex Anius Rex idem hominum Phoebique Sacerdos You find the Heroes that is Princes in Poets sacrificing The Ethiopian Egyptian Lacedemonian Kings did the like in Athens constantly and in Rome when they had no Kings occasionally they elected a Rex sacrorum or King-Priest So that a free People had thus far power of electing their Priests is not deny'd by any Man This came it should seem to be otherwise Established by the Law in Egypt where the Priests whose Lands Joseph when he bought those of the People did not buy being great Landlords it may be unto the Third of the whole Territory were one of the three Estates of the Realm And it is clear in Scripture that the People till they Sold their Lands became not Servants unto Pharaoh While Agesilaus was in Egypt they deposed their King which implies the recovery of their ballance but so seeing they set up another as withall shews the ballance of the Nobility to have been predominant These particulars seem to come near unto the account of Diodorus Siculus by whom the ballance of Egypt should have stood thus The whole Revenue was divided into three parts whereof the Priests had the first the King had the second and the Nobility had the Third It seems to me that the Priests had theirs by their Antient right and title untouched by Joseph that the Kings had all the rest by the Purchase of Joseph and that in time as is usual in like cases a Nobility came through the bounty of succeeding Kings to share with them in one half But however it came about Egypt by this means is the first Example of a Monarchy upon a Nobility at least distributed into three Estates by means of a Landed Clergy which by consequence came to be the greatest Counsellors of State and fitting Religion unto their uses to bring the people to be the most superstitious in the whole World Where it not for this Example I should have said that the Indowment of a Clergy or Religious Order with Lands and the erecting of them into an Estate of the Realm or Government were no Antienter then the Goths and Vandals who introducing a like Policy which unto this day taketh place throughout the Christian world have been the cause First why the Clergy have been generally great Counsellors unto