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CHAP. VII.: Whether the Ten Commandments were propos’d by God or Moses, and voted by the People of Israel. - James Harrington, The Oceana and Other Works [1656]

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The Oceana and Other Works of James Harrington, with an Account of His Life by John Toland (London: Becket and Cadell, 1771).

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CHAP. VII.

Whether the Ten Commandments were propos’d by God or Moses, and voted by the People of Israel.

ONE would think the Gascon had don well; is he satisfy’d? no, he will now throw the house out of the windows.Consid. p. 33. 35.The principal stones being already taken from the foundation, he has a bag of certain winds wherwithal to reverse the superstructures. The first wind he lets go is but a puff, where he tells me, that I bring Switzerland and Holland into the enumeration of the Heathen commonwealths: which if I had don, their libertys in many parts and places being more antient than the Christian religion in those countrys (as is plain by Tacitus, where he speaks of Civilis, and of the customs of the Germans) I had neither wrong’d them nor my self; but I do no such matter, for having enumerated the Heathen commonwealths, I add that the procedings of Holland and Switzerland, tho after a more obscure manner, are of the like nature.Oceana. p. 51. The next is a storm, while reproaching me with rudeness, he brings in Dr. Fern and the clergy by head and shoulders, who till they undertake the quarrel of monarchy, to the confusion of the commonwealth of Israel, at least so far that there be no weight or obligation in such an example, are posted. As if for a Christian commonwealth to make so much use of Israel, as the Roman did of Athens, whose laws she transcrib’d, were against the interest of the clergy, which, it seems, is so hostil to popular power, that to say the laws of nature, tho they be the fountains of all civil law, are not the civil law, till they be the civil law; or thus, that thou shalt not kill, thou shalt not steal, tho they be in natural equity, yet were not the laws of Israel or of England, till voted by the people of Israel, or the parlament of England, is to assert the people into the mighty liberty of being free from the whole moral law; and, inasmuch as to be the adviser or persuader of a thing, is less than to be the author or commander of it, to put an indignity upon God himself.Consid. p. 35. 40. In which fopperys the prevaricator, boasting of principles, but minding none, first confounds authority and command or power; and next forgets that the dignity of the legislator, or, which is all one, of the senat succeding to his office, as the sanhedrim to Moses, is the greatest dignity in a commonwealth: and yet that the laws or orders of a commonwealth derive no otherwise, whether from the legislator, as Moses, Lycurgus, Solon,&c. or the senat, as those of Israel, Lacedemon, or Athens, than from their authority receiv’d and confirm’d by the vote or command of the people. It is true, that with Almighty God it is otherwise than with a mortal legislator, but thro another nature which to him is peculiar, from whom as he is the cause of being, or the Creator of mankind, omnipotent power is inseparable; yet so equal is the goodness of this nature to the greatness therof, that as he is the cause of welbeing by way of election, for example in his chosen people Israel, or of redemption, as in the Christian church, himself has prefer’d his authority or proposition before his empire. What else is the meaning of these words, or of this proceeding of his?Exod. 19. 5.now therfore if ye will obey my voice indeed, and keep my covenant, ye shall be to me a kingdom, or I will be your king; which proposition being voted by the people in the affirmative, God procedes to propose to them the ten commandments in so dreadful a manner, that the people being exceedingly affrighted, say to Moses,speak thou with us, and we will hear thee: that is, be thou henceforth our legislator or proposer, and we will resolve accordingly; but let not God speak with us, lest we dy.Exod. 20. 19. From whenceforth God proposes to the people no otherwise than by Moses, whom he instructs in this manner: these are the judgments which thou shalt propose or set before them.Deut. 29. 1. Wherfore it is said of the book of Deuteronomy, containing the covenant which the Lord commandedMosesto make with the children of Israel in the land of Moab, besides the covenant which he made with them in Horeb; this is the law whichMosesset before the children of Israel.Deut. 4. 44. Neither did God in this case make use of his omnipotent power, nor Christ in the like, who also is king after the same manner in his church, and would have bin in Israel, where when to this end he might have muster’d up legions of angels, and bin victorious with such armys, or argyraspides, as never prince could shew the like, he says no more than, O Jerusalem, Jerusalem, how often would I have gather’d thee and thy children, as a hen gathers her chickens under her wings, and ye would not?Matt. 23. 37. where it is plain that the Jews rejectingChrist,that he should not reign over them, the law of the gospel came not to be the law of the Jews; and so if the ten commandments came to be the law of Israel, it was not only because God propos’d them, seeing Christ also propos’d his law, which nevertheless came not to be the law of the Jews; but because the people receiv’d the one, and rejected the other. It is not in the nature of religion that it should be thought a profane saying, that if the bible be in England, or in any other government, the law or religion of the land, it is not only because God has propos’d it, but also because the people or magistrat has receiv’d it, or resolv’d upon it; otherwise we must set lighter by a nation or government than by a privat person, who can bave no part nor portion in this law, unless he vote it to himself in his own conscience, without which, he remains in the condition he was before, and as the heathen, who are a law to themselves. Thus wheras in a covenant there must be two partys, the Old and New Testament being in sum the Old and New Covenant; these are that authority and proposition of God and Christ, to which they that refuse their vote or result may be under the empire of a clergy, but are none of his commonwealth. Nor, seeing I am gone so far, dos this at all imply freewill, but, as is admirably observ’d by Mr. Hobbs, the freedom of that which naturally precedes will, namely, deliberation or debate, in which, as the scale by the weight of reason or passion coms to be turn’d one way or other, the will is caus’d, and being caus’d is necessitated. When God coms in thus upon the soul of man, he gives both the will and the deed; from which like office of the senat in a commonwealth, that is, from the excellency of their deliberation and debate, which prudently and faithfully unfolded to the people, dos also frequently cause and necessitat both the will and the deed. God himself has said of the senat, that they are gods: an expression, tho divine, yet not unknown to the heathens; Homo homini Deus, one man, for the excellency of his aid, may be a God to another. But let the prevaricator look to it; for he that leads the blind out of his way, is his devil.

For the things I have of this kind, as also for what I have said upon the words Chirotonia and Ecclesia, the prevaricator is delighted to make me beholden underhand to Mr.Hobbs,nothwithstanding the open enmity which he says I profess to his politics.1 Sim. 8. 7. As if Josephus upon that of Samuel,They have not rejected thee, but they have rejected me that I should not reign over them, had not said of the people (Θεον ἀπεχειροτόν[Editor: illegible character]ν τὴς ϐασιλείας) that they unchirotoniz’d or unvoted God of the kingdom. Now if they unchirotoniz’d or unvoted God of the kingdom, then they had chirotoniz’d or voted him to the kingdom; and so not only the doctrin that God was king in Israel by compact or covenant, but the use of the word Chirotonia also in the sense I understand it, is more antient than Mr. Hobbs. I might add that of Capellus,*God was a political king and civil legislator of the Jews. And for the use I have made of the word Ecclesia, as no man can read such as have written of the Grecian commonwealths, and miss it, so I do not remember that Mr. Hobbs has spoken of it. To these things fuller satisfaction will be given in the second book; which nevertheless I do not speak, to the end I might wave obligation to so excellent an author in his way. It is true, I have oppos’d the politics of Mr. Hobbs, to shew him what he taught me, with as much disdain as he oppos’d those of the greatest authors, in whose wholsom fame and doctrin the good of mankind being concern’d, my conscience bears me witness that I have don my duty. Nevertheless in most other things I firmly believe that Mr. Hobbs is and will in future ages be accounted the best writer, at this day, in the world. And for his treatises of human nature, and of liberty and necessity, they are the greatest of new lights, and those which I have follow’d, and shall follow.

[* ]Deus populi Judaici rex erat veluti politicus, & civilis legislator. In diatriba de voto Jephthæ.