Front Page Titles (by Subject) CHAP. II.: That the Citys, or most of them nam'd in the Perambulation of the Apostles Paul and Barnabas, were at that time under popular Government. In which is contain'd the Administration of a Roman Province. - The Oceana and Other Works
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CHAP. II.: That the Citys, or most of them nam’d in the Perambulation of the Apostles Paul and Barnabas, were at that time under popular Government. In which is contain’d the Administration of a Roman Province. - James Harrington, The Oceana and Other Works 
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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That the Citys, or most of them nam’d in the Perambulation of the Apostles Paul and Barnabas, were at that time under popular Government. In which is contain’d the Administration of a Roman Province.
THE Romans of all nations under heaven were indow’d, as with the highest virtues, so with the greatest human glory; which proceded from this especially, that they were in love with such as were in love with their liberty. To begin with their dawn, the Privernates (a free people inhabiting the city and parts adjoining, which at this day is call’d Piperno, som fifty miles from Rome, and five from Sesse) being the second time conquer’d by the Romans, it was consulted in the senat what course should be taken with them; where while som, according to the different temper of men, shew’d themselves hotter, and others cooler, one of the Privernates more mindful of the condition wherin he was born, than of that wherin he was faln, happen’d to render all more doubtful:Liv. l. 8. c. 21. for being ask’d by a senator of the severer judgment, what punishment he thought the Privernates might deserve, Such (says he) as they deserve who believe themselves worthy of liberty. At the courage of which answer, the consul (perceiving in them that had bin vehement enough before against the Privernates but the greater animosity, to the end that by a gentler interrogatory he might draw som softer answer from him) reply’d, 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 good one (said the other) a steady and perpetual peace, but if an ill one, not long. At which a certain senator falling openly upon ruffling and threatning the Privernat, as if those words of his tended to som practice or intention to stir up the citys in peace to sedition, the better part of the fathers being quite of another mind, declar’d, 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 burden as they are not able to bear, than till they can throw it down? There a peace is faithful, 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, inclin’d others, while he openly profest, That they who had no thought but upon their liberty, could not but be thought worthy to be Romans: wherupon the decree past by authority of the fathers, which was afterwards propos’d to the congregation, and ratify’d by the command of the people, wherby the Privernates were made citizens of Rome. Such was the genius of the Roman commonwealth; where by the way you may also observe the manner of her debate and result (authoritate patrum & jussu populi) by the advice of the senat, and the Chirotonia of the people.
But that which in this place is more particularly offer’d to consideration, is her usual way of proceding in case of conquest with other nations: for tho bearing a haughty brow towards such as, not contented to injoy 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 happen’d thro the avarice and luxury of her nobility, when the balance 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 observ’d with others throout the course of her victorys, and was after the change of government made good at least in som part by the Roman emperors, under whom were now those citys mention’d in the present perambulation of the apostles Paul and Barnabas. Strabo for his credit among human authors is equal to any: he liv’d about the time of this perambulation, and being a Greec, is less likely to be partial: of that therfore which I have affirm’d to have bin the course of the Romans in their victorys, I shall make choice of this author for a witness; first where he epitomizes the story of Athens after this manner:Strab. 1. 9.When the Carians by sea, and the Bœotians by land, wasted Attica, Cecropsthe prince, to bring the people under shelter, planted them in twelve citys, Cecropia, Tetrapolis, Epacrea, Decelea, Eleusis, Aphydna, Thoricus, Brauron, Cytherus, Sphettus, Cephissia, Phalerus; which Theseus is said to have contracted into one call’d Athens. The government of this city had many changes; at first it was monarchical, then popular: this again was usurp’d by the tyrantsPisistratusand 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 impos’d by the Lacedemonians, in the war of Peloponnesus: which yoke the Athenians (by means of their faithful army) shaking off, restored their popular government, and held it till the Romans attain’d to the dominion of Greece. Now tho it be true that they were not a little disturb’d by the kings of Macedon, to whom they were forc’d to yield som kind of obedience; they nevertheless preserv’d the form of their commonwealth so intire, that there be who affirm it never to have bin better administer’d, than at such time as Macedon was govern’d byCassander:for this prince, tho in other things more inclining towards the tyrant, having taken Athens by surrender, us’d not the people ill, but madeDemetrius Phalereusthe disciple ofTheophrastusthe philosopher, chief magistrat among them; a man so far from ruining their popular state (as in the commentarys he wrote upon this kind of government is attested) that he repair’d it. Nevertheless, whether suspected or envy’d for his greatness without support by the Macedonians, after the death ofCassanderhe fled into Egypt, while his enemys breaking down his statues (as som say) made homely vessels of them. But the Romans having receiv’d the Athenians under their popular form, left them their laws and libertys untouch’d, till in the war withMithridatesthey were forc’d to receive such tyrants as that king was pleas’d to give them; wherofAristonthe greatest, when the Romans had retaken the city from him, being found trampling upon the people, was put to death bySylla,and the city pardon’d, which to this day (he wrote about the reign of Tiberius) not only enjoys her libertys, but is high in honor with the Romans. This is the testimony of Strabo agreeing with that of Cicero, where disputing of Divine Providence, he savs, that to affirm the world to be govern’d by chance, or without God, is as if one should say that Athens were not govern’d by the Areopagits. 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 acquir’d like or greater privilege by the same bounty, was also a citizen of Rome) than 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 call’d Natolia. Thirdly, for that part of it which Attalus king of Pergamum, dying without heirs, bequeath’d and left to the people of Rome: this contain’d Mysia, Phrygia, Æolis, Ionia, Caria, Doris, Lydia, Lycaonia, Pisidia, and by consequence the citys wherof we are speaking. To all these countrys the Romans gave their liberty, till in favor of Aristonicus, the bastard of Eumenes, many of them taking arms, they were recover’d, brought into subjection, and fram’d into a province.
When a consul had conquer’d a country, and the Romans intended to form it into a province, it was the custom of the senat 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 form’d by Marcus Aquilius consul; afterwards so excellently reform’d by Scævola, that the senat in their edicts us’d to propose his example to succeding magistrats, and the inhabitants to celebrat a feast to his name. Nevertheless Mithridates king of Pontus (all the Romans in this province being massacred in one day) came to possess himself of it, till it was recover’d at several times by Sylla, Murena, Lucullus and Pompey. The Romans, in framing a country into a province, were not accustom’d to deal with all the inhabitants of the same in a like manner, but differently according to their different merit. Thus divers citys in this were left free by Sylla, as those of the Ilienses, the Chians, Rhodians, Lycians and Magnesians, with the Cyzicens, tho the last of these afterwards for their practices against the Romans forfeited their liberty to Tiberius, in whose reign they were for this reason depriv’d of the same.
TakingAsia 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 Pamphylia, Isauria, and Cilicia more peculiarly so call’d. Here Cicero was somtimes proconsul, in honor to whom part of Phrygia, with Pisidia, and Lycaonia, were taken from the former, and added to this jurisdiction, by which means the citys wherof we are speaking came to be of this province. Adjoining hereto was the commonwealth of the Lycians, which the Romans left free:Epist. into this also the city of Attalia by som is computed, but Iconium both by Strabo and Cicero; the latter wherof being proconsul, in his journy from Laodicea, was receiv’d by the magistrats and deputys of this city. Lystra and Derbe, being citys of Lycaonia, must also have bin of the same province. Next to the province of Cilicia was that of Syria, containing Comagene, Seleucis, Phœnicia, Cœlosyria, and Judea or Palestin. In Seleucis were the four famous citys, Seleucia, Antiochia, Apamea (the last intire in her liberty) and Laodicea. Comagene and Judea were under kings, and not fram’d into provinces, till in the time of the emperors.
The fourth province of the Romans in Asia was that of Bithynia with Pontus: these were all acquir’d or confirm’d by the victorys of Pompey the Great. Strabo, who was a Cappadocian born at Amasia, relates a story worthy to be remember’d in this place. From the time, says he, that the Romans, having conquer’dAntiochus,became moderators of Asia, they contracted leagues of amity with divers nations; where there were kings, the honor of address was deser’d to them, with whom the treatys that concern’d their countrys were concluded. But as concerning the Cappadocians, they treated with the whole nation, for which cause the royal line of this realm coming afterwardsto fail, the Romans gave the people their freedom or leave to live under their own laws: and when the people hereupon sending embassadors to Rome, renounc’d their liberty, being that to them which they said was intolerable, and demanded a king; the Romans amaz’d there should be men that could so far despair, permitted them to chuse, of their nation, whom they pleas’d; soAriobarzaneswas chosen, whose line again in the third generation coming to fail,Archelauswas made king byAntony (where you may observe, in passing, that the Romans impos’d not monarchical government, but for that matter us’d to leave a people as they found them) thus at the same time they leftPontusunder kingMithridates,who not containing himself within his bounds, but extending them afterwards as far as Colchis and Armenia the Less, was reduc’d to his terms byPompey;who divesting him of those countrys which he had usurp’d, distributed som part of them to such princes as had assisted the Romans in that war, and divided the rest into twelve commonwealths, of which, added to Bithynia, he made one province. When the Roman emperors became monarchs, they also upon like occasions made other distributions, constituting kings, princes, and citys, som more, som less, som wholly free, and others in subjection to themselves. Thus came a good, if not the greater part of the citys in the Lesser Asia, and the other adjoining provinces, to be som more, som less free; but the most of them to remain commonwealths, or to be erected into popular governments, as appears yet clearer by the intercourse of Pliny, while he was pretor or governor of Bithynia, with his master the emperor Trajan; a piece of which I have inserted in the letters following:
Pliny to Trajan.
Plin Epist. l. 10.“IT is provided by Pompey’s laws for the Bithynians, that no man under thirty years of age be capable of magistracy, or of the senat: by the same it is also establish’d, that they who have born magistracy may be senators. Now because by a latter edict of Augustus, the lesser magistracys may be born by such as are above one and twenty; there remains with me these doubts, whether he that being under thirty, has born magistracy, may be elected by the censors into the senat; 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 senat, tho he has not born it: which is here practis’d and pretended to be necessary, because it is somwhat better, they say, that the senat be fill’d with the children of good familys, than with the lower sort. My opinion being ask’d 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 senat; seeing the edict allows a man under thirty to bear magistracy, and the law, a man that has born magistracy, to be a senator. But as to those that have not born magistracy, tho at the age in which they may bear it, I demur till I may understand your Majesty’s pleasure, to whom I have sent the heads both of the law and of the edict.”
Trajan to Pliny.
“YOU and I, dearest Pliny, are of one mind. Pompey’s laws are so far qualify’d 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 citys: but for such as have not born magistracy, tho they might have born it, I conceive them not eligible into the senat till they be thirty years of age.”
Pliny to Trajan.
“POWER is granted to the Bithynian citys by Pompey’s law, to adopt to themselves what citizens they please, so they be not foreners, but of the same province; by the same law it is shewn in what cases the censors may remove a man from the senat: among which nevertheless it is not provided what is to be don in case a foren citizen be a senator. Wherfore certain of the censors have thought fit to consult me, whether they ought to remove a man that is of a foren city for that cause out of the senat. Now because the law, tho it forbids the adoption of a forener, commands not that a forener for that cause should be remov d out of the senat, and I am inform’d there be foren citizens almost in every senat; so that many, not only men, but citys might suffer concussion by the restitution of the law in that part, which thro a kind of consent seems to be now grown obsolete; I conceive it necessary to have your Majesty’s resolution in the case, to which end I have sent a breviat of the law annex’d.”
Trajan to Pliny.
“WITH good cause, dearest Pliny, have you doubted what answer to return to the censors, inquiring whether they ought to elect a man into the senat that is of another city, tho of the same province; seeing on the one side the authority of the law, and of custom on the other to the contrary, might well disorder you. To innovat nothing for the time past, I think well of this expedient: they who are already elected senators, tho not according to 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 fram’d, as has bin shewn, were subdivided into certain circuits call’d dioceses; that of Asia had six, Alabandæ, Sardes (antiently the senat of Cræsus) Smyrna, Ephesus, Adramytis, Pergamum. That of Cilicia had also six, the Pamphylian, Isaurian, and Cilician, the metropolis wherof was Tarsus, a free city; to these were taken out of the province of Asia, Cibyra, Sinnadæ, Apamea: what were the dioceses of the other two Sigonius, whom I follow, dos not shew. At these in the winter (for the summer was spent commonly with the army) the people of the province assembl’d at set times, as at our assizes, where the Roman governors did them justice.
The governors or magistrats, to whose care a province was committed, were of two kinds: the first and chief was consul or pretor, which appellations differ’d not in power, but in dignity, that of consul being more honorable, who had twelve lictors, wheras the pretor had but six; if the annual magistracy of either of these came to be prorogu’d, he was call’d proconsul or propretor.
The second kind of magistrat in a province was the questor, receiver or treasurer, who being also annual, was attended by lictors of his own; if he dy’d within his year, the consul, proconsul, or pretor might appoint one for that time in his place, who was call’d proquestor. The power of the consul, proconsul, or pretor, was of two kinds, the one civil, the other military; the former call’d magistracy, the latter empire.
The pomp of these assuming and exercising their magistracy was reverend; the consul or proconsul had legats, somtimes more but never under three, appointed him by the senat: these were in the nature of counsillors to assist him in all affairs of his province; he had tribuns, colonels, or field officers, for the military part of his administration; he had also secretarys, serjeants, heralds or criers, lictors or insignbearers, interpreters, messengers, divines, chamberlains, physicians; and besides these his companions, which for the most part were of the younger sort of gentlemen or gallants that accompany’d him for his ornament, and their own education. Into this the somwhat like train of the questor (who by the law was in place of a son to the proconsul, and to whom the proconsul was to give the regard of a father) being cast, it made the pretorian cohort or guard always about the person of the proconsul, who in this equipage having don his devotions at the capitol, departed the city, paludatus, that is in his royal mantle of gold and purple, follow’d for som 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 supreme magistrat. In the former relation he had an army either receiv’d from his predecessor, or new levy’d in the city; this consisted in the one half of the legions (as I have elsewhere shewn) and in the other of associats: for the greatness of the same, it was proportion’d to 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 auxiliarys, that is, to a matter of twelve thousand foot, and twelve hundred horse. The magistracy or jurisdiction of the proconsul, or pretor, was executed at the Metropolitan city of each diæcis, which upon this occasion was to furnish the pretorian cohort with lodging, salt, wood, hay, and stable-room at the charge of the country. These, tho Cicero would hardly receive any of them, were, towards the latter time of the commonwealth, extended by the provincial magistrats to so great a burden to the people, that it caus’d divers laws to be pass’d in Rome (de repetundis) for restitution to be made to the provinces, by such as had injur’d them. Upon such laws was the prosecution of Verres by Cicero. When and where this kind of court was to be held, the consul, proconsul, or pretor, by proclamation gave timely notice. Being assembl’d at the time, and the city appointed, in the townhall stood a tribunal; upon this the sella curulis, or a chair of state, in which sat the consul, proconsul, or pretor, with his pretorian cohort or band about him, furnish’d with all manner of pomp, and officers requisit to the ornament or administration of so high a magistracy. The jurisdiction of this court was according to the laws made for the administration of the province; but because they could not foresee all things (as appear’d by the questions which Pliny put upon the laws of Pompey, to Trajan) it came to pass, that much was permitted to the edicts of the provincial pretors, as was also in use at Rome with the pretors of the city: and if any man had judg’d otherwise in his province, than he ought to have don in the city, made an edict contrary to the law of his province, or judg’d any thing otherwise than according to his own edict, he was held guilty of, and questionable for a heinous 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 main very much resembling that of Sicily, call’d Rupilia.
LEGE Rupilia, or by the law of Rupilius, a cause between one citizen and another being of the same city, was to be try’d at home by their own laws. A cause between one provincial and another being of divers citys, was to be try’d by judges whom the pretor should appoint by lot. What a privat man claim’d of a people, or a people of a privat man, was to be refer’d to the senat of som third city. Upon what a Roman claim’d of a provincial, a provincial was to be appointed judg. Upon what a provincial claim’d of a Roman, a Roman was to be appointed judg. For decision of other controversys, select judges from among the Romans (not out of the pretorian 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, peculat, or treason, the law, and the manner of proceding was the same in the provinces, as in Rome.
For the tributs, customs, taxes, levys of men, mony, shipping, ordinary or extraordinary, for the common defence of the Roman republic, and her provinces, the consuls, proconsuls, or pretors proceding according to such decrees of the senat as were in that case standing or renew’d upon emergent occasions; in gathering these lay the magistracy or office of the questor: if the proconsul were indispos’d, 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 legats. With matter of religion they meddl’d not; every nation being so far left to the liberty of conscience, that no violence for this cause was offer’d to 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 throout the Roman provinces. This the Jews lik’d well for themselves, nor were they troubl’d for the Heathens; but to the Christians they always grudg’d the like privilege. Thus when they could no otherwise induce Pilat to put Christ to death, they accus’d Christ of affecting monarchy, and so affrighted Pilat, being a mean condition’d fellow, while they threaten’d to let Tiberius know he was not Cæsar’s friend, that he comply’d with their ends. But when at Corinth, where Gallio (a man of another temper) was proconsul of Achaia, they would have bin at this sport 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 judg of words, and names, and questions of their law; for he car’d no more for the disputes between the Christians and the Jews, than for those between the Epicureans and the Stoics. Wherfore his lictors drave them from the tribunal, and the officious Corinthians, to shew their love to the proconsul, fell on knocking them out of the way of other business.
Now tho the commonwealth of the Achæans, being at this time a Roman province under the proconsul Gallio, injoy’d no longer her common senat, strategus and demiurges, according to the model shewn in the former book; yet remain’d each particular city under her antient form of popular government, so that in these, especially at Corinth, many of the Greecs being of the same judgment, the Jews could not dispute with the Christians without tumult. Of this kind was that which happen’d at Ephesus, where Christianity growing so fast, that the silversmiths of Diana’s temple began to fear they should lose their trade; the Jews liking better of Heathenism than Christianity, set Alexander, one of their pack, against Paul.Act. 19.
This place (in times when men will understand no otherwise of human story than 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 prov’d out of Scripture. For the chancellor of Ephesus perceiving the ecclesia (so it is in the original) or assembly (as in our translation) uncall’d by the senat, or the magistracy to be tumultuously gather’d in the theater (their usual place, as in Syracusa and other citys, of meeting) betakes himself to appease the people with divers arguments: among which he has these. First, as to matter of religion. You have brought hither, says he, these men which are neither robbers of temples, (Churches our bible has it before there was any church to be robb’d) nor yet blasphemers of the goddess: in which words (seeing that they offering no scandal, but only propagating that which was according to their own judgment, were not obnoxious to punishment) he shews that every man had liberty of conscience. Secondly, as to law: if Demetriusand the craftsmen which are with him have a matter against any man, the law, says he, is open. Thirdly, as to the matter of government, which appears to be of two parts, the one provincial, the other domestic: for the former, says he, there are (ἀνϑύπατοι) proconsuls (he speaks in the plural number with relation to the legats, by whom the proconsul somtimes held his courts; otherwise this magistrat was but one in a province, as at this time for AsiaPublius Suilius) and to the latter, says he, if you desire any thing concerning other matters, that is, such as appertain to the government of the city (in which the care of the temple was included) it shall be determin’d in a lawful ecclesia, or assembly of the people. By which you may see that notwithstanding the provincial government, Ephesus, tho she was no free city, (for with a free city the proconsul had nothing of this kind to do) had (ἀυ[Editor: illegible character]ονομίαν) the government of her self (as those other citys mention’d in Pliny’s epistles) by the senat, and the people; for wherever one of these is nam’d, as the senat by Pliny, or the people by Luke, the other is understood. When the chancellor had thus spoken, he dismiss’d the ecclesia. It is Luke’s own word, and so often as I have now repeated it, so often has he us’d it, upon the same occasion. Wherfore I might henceforth expect two things of divines; first, that it might be acknowleg’d that I have good authors, Luke and the chancellor of Ephesus, for the word ecclesia in this sense; and secondly, that they would not persuade us, the word ecclesia has lost its signification, lest they condemn this place of Scripture to be no more understood. The manner of provincial government being thus prov’d, not only out of profane authors, but out of Scripture it self; and the citys that were least free having had such power over themselves, and their territorys; why, if the Romans took no more of them for this protection, than was paid to their former lords, did they not rather undertake the patronage of the world than the empire; seeing Venice, and Dantzic, while the one was tributary to the Turk, the other to the king of Poland, were nevertheless so free estates, that of a king, or a commonwealth that should have put the rest of the world into the like condition, no less in our day could have bin said? and yet that the Romans, when the nature of the eastern monarchys shall be rightly consider’d, took far less of these citys than their old masters, will admit of little doubt. Cicero surely would not ly; he, when proconsul of Cilicia, wrote in this manner concerning his circuit, to his friend Servilius:two days I staid at Laodicea, at Apamea five, at Sinnadæ three, at Pilomenis five, at Iconium ten; than which jurisdiction or government there is nothing more just or equal. Why then had not those citys their senats and their ecclesiæ, or congregations of the people, as well as that of Ephesus, and those wherof Pliny gives an account to Trajan?
CORINTH was in Achaia; Perga of Pamphylia, Antioch of Pisidia, Iconium, Lystra, Derbe of Lycaonia, were in Cilicia; and with these, as som reckon, Attalia, Ephesus and the other Antioch were in Syria. Achaia, Cilicia, and Syria, were Roman provinces at the time of this perambulation of the apostles: the citys under provincial administration, whether free or not free, were under popular government; whence it follows, that Corinth, Ephesus, Antioch of Syria, Antioch of Pisidia, Perga, Iconium, Lystra, Derbe, Attalia, being at this time under provincial administration, were at the same time under popular government. There has been no hurt in going about, for the proof of this; tho indeed to shew that these citys (had quandam ἀυτονομίαν) were under popular government, we needed have gone no further than the text, as where the chancellor of Ephesus, to get rid of a tumultuous ecclesia or assembly of the people, promises them a lawful one. In Iconium, Lystra, Derbe, and the rest, you hear not of any king (as where Herod stretch’d out his hand to please the Jews, and vex the church) but of the people, of their rulers, of their assemblys, and of their tumults. The people at Lystra are now agreed to give the apostles divine honors; and anon, both at Iconium and Lystra, to stone them. Now to determin of divine honor or of life and death, are acts of soverain power. It is true, these nevertheless may happen to be usurp’d by a mere tumult; but that cannot be said of these congregations, which consisted as well of the magistrats and rulers, as of the people, and where the magistrats shew that they had no distinct power wherby to restrain the people, nor other means to prevail against them, than by making of partys: which passages, as they prove these commonwealths on the one side to have bin ill constituted, evince on the other, that these citys were under popular government.