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THE SECOND BOOK; OR, A POLITICAL DISCOURSE CONCERNING ORDINATION: AGAINST Dr. H. HAMMOND, Dr. L. SEAMAN, And the Authors they follow. - James Harrington, The Oceana and Other Works [1656]

Edition used:

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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Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


THE SECOND BOOK; OR, A POLITICAL DISCOURSE CONCERNING ORDINATION:

AGAINST Dr. H. HAMMOND, Dr. L. SEAMAN, And the Authors they follow.

Optat Aprum aut fulvum descendere monte Leonem.

E. W.

Advertisment to the READER.

BOOKS, especially whose Authors have got themselves Names, are Leaders; wherfore in case any of these err in Leading, it is not only lawful, but Matter of Conscience to a Man that perceives it, as far as he is able, to warn others. This were Apology enough for my writing against Dr. Hammond and Dr. Seaman; and yet I have happen’d to be brought under a farther Obligation to this Enterprise, their Books have bin sent me by way of Objection against what I have formerly said of Ordination, and am daily more and more confirm’d I shall make good. However, there can be no great Hurt in this Essay, Truth being, like Venison, not only the best Quarry, but the best Game.

Order of the Discourse.

TO manage the present controversy with the more clearness, I have divided my discourse into five parts or chapters.

THE first, explaining the words chirotonia and chirothesia, paraphrastically relates the story of the perambulation made by the apostles Paul and Barnabas thro the citys of Lycaonia, Pisidia, &c. by way of introduction.

THE second shews those citys, or most of them, at the time of this perambulation, to have bin under popular government. In which is contain’d the whole administration of a Roman province.

THE third shews the deduction of the chirotonia from popular government, and of the original right of ordination from the chirotonia. In which is contain’d the institution of the sanhedrim or senat of Israel by Moses, and of that at Rome by Romulus.

THE fourth shews the deduction of the chirothesia from monarchical or aristocratical government, and the second way of ordination from the chirothesia. In which is contain’d the commonwealth of the Jews as it stood after the captivity.

THE fifth debates whether the chirotonia, us’d in the citys mention’d, was (as is pretended by Dr. Hammond, Dr. Seaman, and the authors they follow) the same with the chirothesia, or a far different thing. In which are contain’d the divers kinds of church-government introduc’d and exercis’d in the age of the apostles.

I am entring into a discourse to run much, for the words, upon a language not vulgar, which therfore I shall use no otherwise than by way of parenthesis, not obstructing the sense; and for the things, upon customs that are foren, which therfore I shall interpret as well as I can. Now so to make my way into the parts of this discourse, that (wheras they who have hitherto manag’d it in English, might in regard of their readers have near as well written it in Greec) I may not be above the vulgar capacity, I shall open both the names wherof, and the things wherupon we are about to dispute, by way of introduction.

A POLITICAL DISCOURSE CONCERNING ORDINATION.

The INTRODUCTION, OR FIRST CHAPTER.

Chap. I.THE names or words wherof we are about to dispute are Greec, the one chirotonia, the other chirothesia. The first signification of the word chirotonia, in Suidas, imports a certain leud action of the hand, which seems also by the Greec that renders it by the same word, to have bin intimated in Isa. 5. 9. In the second signification with Suidas, it is ἐϰλογὴ, πάντων ϰύϱωσις, election (that is to say of magistrats) or ratification (that is to say of laws) by the many: which amounts both by his testimony, and that generally of antient authors, to this, that the most usual and natural signification of the word chirotonia is popular suffrage, whether given, as when they speak of Athens, by the holding up of hands; or as when they speak (as dos Suidas in the place mention’d) of Rome, and other commonwealths (whose suffrage was not given with this ceremony) without holding up of hands.

CHIROTHESIA (ἐπίϑεσ[Editor: illegible character]ς χειϱῶν) is a word that in the strict signification imports laying on of hands, and no more: but the Jews using to confer their ordination most commonly by laying on of hands, and yet somtimes by word of mouth, or by letter, the word both as it relates to the custom of the Jewish commonwealth, and ordination thence transplanted into the church of Christ, signifys ordination confer’d by one man, or a few men, that is to say, by som distinct order from the people, whether with imposition of hands, or without it.

These words thus interpreted, I shall throout my discourse (which else must have run altogether upon the Greec) presume, as already I have don, to take for good English, and so procede to the things wherof we are to dispute; first, by opening the scene of this perambulation, which will be don best by the help of Erasmus, a man as for his learning not inferior to any, so for his freedom not addicted to interests or partys. For the remainder then of this introduction, I shall begin with the nineteenth verse of the eleventh, and continue my discourse to the end of the fourteenth chapter of the Acts; interweaving the text where it is darker with the paraphrase of that excellent author, for light, and his paraphrase with the text, where it is clearer, for brevity, in manner following:Book II.

Acts 11. 19.THEY whom the heat of persecution from the death of Stephen had dispers’d, travel’d thro the citys and villages as far as Phenice, and the adjacent iland of Cyprus; as also thro Antiochia, which lies between Phenice and Cilicia, preaching the gospel receiv’d from the apostles, which nevertheless they dar’d not to communicat but to such only as were of the Jewish nation, not out of envy, but a kind of superstition, they believing that to do otherwise were to give the childrens bread to dogs, which Christ had forbid.

BUT som of them that believ’d, being of Cyprus and Cyrene, when they came to Antioch, had the boldness to speak of Christ to the Greecs, preaching the Lord Jesus, in which they made such progress thro the blessing of God upon them and their labors, that a great number of these also believing the Gospel, were turn’d to the Lord. The tidings of these things coming to the ears of the church which was at Jerusalem, a man of apostolical sincerity, Barnabas the Levite, a Cyprian born, was sent by the apostles to take a view of what was don upon the places; and if he found it to be according to the will of God, to approve of it, by authority of the apostles. So great caution in receiving the Gentils to the Gospel was not, that the thing was not greatly desir’d by the apostles; but lest it should afterwards be repeal’d or made void by the Jews, as don rashly, or that the Gentils should rely less upon what was don, as conceiving it needed ratification by the law. Wherfore Barnabas so soon as he came to Antioch, and found the Greecs by faith, and without profession of the law, to have receiv’d the same grace of God with the Jews, was very much joy’d that the number of believers increas’d, and exhorted them to remain constant in their enterprize of adhering to the Lord. For he was a good man, and full of the holy spirit, and of faith. Wherfore thro his ministry it came to pass, that a multitude of other believers were added to the former. Now Antioch being not far from Cilicia, the neighborhood of the place invited him to seek Paul, the fittest helper in this work, as chosen by Christ to preach his name to the Gentils and kings of the earth. For when Paul fled from Jerusalem. the disciples had conducted him to Cesarea of Phenice, whence he went to Tarsus; whom therfore when Barnabas had found there, he brought to Antioch, hoping in a city both famous and populous (but with a confus’d mixture of Jews and Greecs) to receive the better fruit thro the aid of an apostle more peculiarly design’d to this work. These two being conversant a whole year in the church of Antioch, which by the confluence both of Jews and Greecs became very numerous, so many were added by their preaching, that wheras hitherto, not exposing the name of Christ to envy, they had bin call’d Disciples, they now began first at Antioch from the name of their founder to be call’d Christians. In these times certain prophets came from the city of Jerusalem to Antioch, wherof one nam’d Agabus standing up in the congregation, signify’d by inspiration, that there should be a great dearth thro the whole world; which came to pass under Claudius Cæsar, the successor of Caligula. At this time they at Jerusalem, partly because they were poor at their conversion to the Gospel, partly because they had deposited their goods in common, and partly because they had bin spoil’d by the priests for their profession of Christ, ordain’d that by the contribution of such as had wherwithal, especially among the believing Gentils, mony should be sent to the relief of the Christians dwelling in Judea; but so that this contribution was not to be forc’d but free, and according to every man’s ability. This mony thus gather’d was sent by Paul and Barnabas to the elders at Jerusalem, to be distributed at their discretion to such as were in need. While Paul and Barnabas were thus imploy’d, king Herod, the same that beheaded John, and return’d Christ cloth’d, thro derision, in white, to Pilat, being griev’d to see this kind of people increase, and the name of Jesus king of the Jews to grow famous in divers nations, became concern’d to root out such a faction, and so spreading; wherfore he stretch’d forth his hand to vex certain of the church, kill’d James the brother of John with the sword; and because he saw it pleas’d the Jews, proceded further to take Peter also, who being imprison’d, was afterward miraculously deliver’d. But Paul and Barnabas having perform’d the trust committed to them by the brethren, and deliver’d the contribution for relief of the poor to the apostles, return’d from Jerusalem to Antioch, taking with them John, whose sirname was Marc.

NOW the church of Antioch flourish’d in such manner, that she had som fill’d with the gift of prophecy, and others with that of teaching; among whom was Barnabas and Simeon, alias Niger, together with Lucias a Cirenian, and Manaen who had bin brought up with Herod the Tetrarch, whom he left to com to Christ: but the chief of them was Saul, indow’d with all the gifts and graces apostolical. While all these were intent upon the ministry of the church, imploying their several gifts to the glory of God, and in his most acceptable service, the salvation of souls, with fasting and prayer, the Holy Ghost being stir’d up by their zeal, signified his will by the prophets, saying, Separat me Barnabas and Paul for the work wherto I have call’d them, namely, to be doctors of the Gentils, that by them I may propagat the gospel. The command of the Spirit was obey’d, and Barnabas with Paul, to the end that every one might see who are chosen, were separated from the rest; and when the congregation had unanimously implor’d the favor of God by prayer and fasting, the most eminent in authority among them laid their hands upon the persons so separated, and sent them wherever the spirit of God should direct them. By this impulse therfore Barnabas and Paul went to Seleucia, being a promontory of Antiochia, and thence sail’d into the iland of Cyprus, where they landed at Salamis, a famous city upon the eastern part of the iland; they preach’d not human inventions, but the word of God, nor that by stealth, but in the synagogs of the Jews, wherof thro the neighbourhood of Syria there was store. This honor by the commandment of Christ was always defer’d to the Jews, that the gospel should be first offer’d to them, lest they being a querulous and repining nation, should complain that they were despis’d. Thus travel’d these apostles thro the whole iland, till they came to Paphos, a city consecrated to Venus upon the western coast of Cyprus. Here they found a certain magician call’d Barjesus, that is, the son of Jesus a Jew, both by nation and religion, under which color he falsly pretended to the gift of prophesy. This man follow’d the court of Sergius Paulus, proconsul or governor of the iland for the Romans, otherwise a prudent man; but this sort of vermin insinuats it self into the best to chuse, that so their corruption may do the greater and more compendious mischief to mankind. The proconsul nevertheless having understood the gospel to be planting throout Cyprus, not only forbore to stop the ears of others, but by sending for Barnabas and Paul seem’d desirous to open his own. Wherfore Barjesus indeavoring to resist the growth of the word, as an enemy to Christ, and resisting the truth with falshood, a strife arose between the true prophets and a false one (for such is the interpretation of the Syriac word Elymas) whom Paul at length confuted of spiritual blindness, by taking away the eys of his body, miraculously struck in the presence of the proconsul, who at the same time receiving the light of the gospel, imbrac’d the Christian faith. This being don at Paphos, Paul imbark’d there with his associats for the lesser Asia, and came to Perga, being a city of Pamphylia; here John, whose sirname was Marc, left them, and return’d to Jerusalem, while they, when they had visited Pamphylia, travel’d to Antiochia, a city of Pisidia, where having enter’d a synagog, they sat after the usual manner with the rest, attentive to the law and the prophets; wherof when the parts appointed were read, and no man stood up, the rulers of the synagog perceiving that the strangers by their habit were Jews, and such as by their aspect promis’d more than ordinary, sent to them, desiring that if they had any word of exhortation for the people, they would speak. Wherupon Paul standing up, preach’d to them Christ; whence came the word of the Lord to be divulg’d throout that region, tho the Jews out of envy to the Gentils, stirring up the devoutest matrons (an art not unknown in these times) and by them the chief of the city, rais’d such sedition in it, and tumult against the apostles, that Paul and Barnabas being cast out, shook off the dust from their feet against them, and went thence to Iconium a city of Lycaonia.Chap. 14. When they were com to Iconium, entring with the Jews after the custom into the synagog, they preach’d, as they had at Antioch, the gospel of Jesus Christ, and with such efficacy, that multitudes both of the Jews and Greecs believ’d. Here again the envy of the Jews became the author of sedition, by which means the city was divided into two parts or factions, wherof one stood for the unbelieving Jews, and the other for the apostles. At length when such of the Gentils as were join’d with the Jews, and the rulers of the city, made an assault upon the apostles, to offer violence and stone them; they being aware of it, fled to Lystra (a city of Lycaonia, which is a part of Pamphylia) and Derbe. At Lystra there was a man lame of his feet from the womb, who having listen’d to Paul with great attention and zeal, was miraculously cur’d by the apostle; when the people seeing what Paul had don, cry’d out, The gods were descended in the likeness of men: a persuasion that might gain the more easily upon the minds of the Lycaonians for the fable of Jupiter and Mercury, said to have descended in human shape, and bin entertain’d by Lycaon, from whom the Lycaonians receiv’d their name. Wherfore they call’d Barnabas, for the gravity of his aspect, Jupiter; Paul for his eloquence, Mercury: and the priest of Jupiter, who dwelt in the suburbs, brought bulls and garlands to the gates of the house where the apostles were, to have offer’d sacrifice with the people, which the apostles abhorring, vigorously dissuaded. In the mean time certain Jews by nation that were unbelievers, coming from Antioch of Pisidia, and Iconium, drew the people to the other extreme, who from sacrificing to the apostles fell on stoning them; a work which was brought so near to an end, that Paul being drawn by them out of the city, was left for dead, tho he soon after recover’d, and went thence with Barnabas to Derbe: when they had propagated the gospel there also, they return’d to Lystra, Iconium, and Antiochia, confirming the disciples whom they had converted. Now because the propagation of the gospel requir’d that the apostles should be moving thro divers nations, they chirotonizing them elders in every congregation or church, that is, ordaining them elders by the votes of the people in every city, left them to perform the dutys of the absent apostles, and when they had fasted and pray’d, commended them to the Lord. These things being brought to a conclusion, or finish’d at Antioch in Pisidia, when they had perambulated this country, they also visited Pamphylia; sowing the gospel where it was not yet sown, and confirming those who already believ’d, till they came to Perga: where having order’d their affairs, they proceded to Attalia, being a maritim city of Pamphylia; and from thence they sail’d back to Antioch of Syria, whence they first set out, with commission from the elders, to preach the gospel to the Gentils, and where by the Chirothesia, or Imposition of hands, prayer and fasting, they had bin recommended to the grace of God, and design’d to the work now finish’d.

Chap. II.In this narrative you have mention both of the Chirotonia and of the Chirothesia, or imposition of hands, but of the former as of ordination; for by that such were made presbyters or church-officers as were not so before: of the latter not, I think, as of ordination, at least in the sense we now take it; but as of designation of persons to an occasional and temporary imployment, that had bin ordain’d before, for so sure had Paul at least. However, that which is offer’d by this narrative to present consideration, is no more than the bare story.

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 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.

SIR,

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.

“SIR,

“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.

CHAP. III.

The Deduction of the Chirotonia from popular Government, and of the original Right of Ordination from the Chirotonia. In which is contain’d the Institution of the Sanhedrim or Senat of Israel by Moses, and that of Rome by Romulus.

DIVINES generally in their way of disputing have a bias that runs more upon words than upon things; so that in this place it will be necessary to give the interpretation of som other words, wherof they pretend to take a strong hold in their controversys. The chief of these has bin spoken to already: chirotonia being a word that properly signifys the suffrage of the people, wherever it is properly us’d, implys power; wherfore tho the senat decrees by suffrage as well as the people, yet there being no more in a decree of the senat than authority, the senat is never said to chirotonize, or very seldom and improperly, this word being peculiar to the people. And thus much is imply’d in what went before.

The next word in controversy is psephisma, which signifies a decree or law; and this always implying power, always implys the suffrage of the people, that is, where it is spoken of popular government: for tho a psephisma or decree of the Athenian senat was a law for a year before it came to the suffrage or chirotonia of the people, yet the law or constitution of Solon, wherby the senat had this power, originally deriv’d from the chirotonia of the people.

The third word (ϰαϑιϛάναι) signifys to constitute or ordain; this in the political sense of the same implys not power, but authority: for a man that writes or proposes a decree or form of government, may be said (ϰαϑιϛάναι) to propose or constitute it, whether it be confirm’d by the chirotonia of the people or not; nay with Halicarnassæus the word signifys no more than barely to call or assemble a senat, βουλὴν ὑπερ τινὸς ϰαϑιϛάναι.

Now if these words be somtimes otherwise taken, what words be there in any language that are not often us’d improperly? but that understood politically, they must of necessity be understood as I have shewn, or will so intangle and disorder government, that no man shall either make head or foot of it, is that which I make little question to evince in the surest way, that is, by opening the nature of the things whence they derive, and wherof they are spoken by the best authors.

And because the words (tho the things they signify were much more antient) derive all from Athens, I shall begin by this constitution to shew the proper use of them. Chirotonia in Athens, as has bin shewn out of Suidas (who speaking of Rome refers to this) was election of magistrats, or enacting laws by the suffrage of of the people; which, because they gave by holding up their hands, came thence to be call’d chirotonia, which signifys holding up of hands. The legislative assembly, or representative of the people, call’d the nomothetæ, upon occasion of repealing an old law, and enacting a new one, gave the chirotonia of the people:Demost. contra Timocr. and yet says the Athenian law (διαχειροτονίαν δεῖ [Editor: illegible character] τ[Editor: illegible character]ς προέδρȣς περί τ[Editor: illegible character]των τ[Editor: illegible character]ν νόμων) Let the proedri give or make the chirotonia to either law. The proedri, as was shewn in the former book, were the ten presidents of the prytans; which prytans upon this occasion were presidents of the nomothetæ.Chap. III. Again, wheras it was the undoubted right and practice of the people to elect their magistrats by their chirotonia (ϰἂν ὑμεῖς ἕνα, ϰἂν ϖλείȣς, ϰἂν τον δεῖνα, ϰἂν ὁντιν[Editor: illegible character]ν χειροτονήσητε ϛ[Editor: illegible character]ατηγὸν) it is nevertheless shewn by Pollux to have bin the peculiar office of the thesmothetæ, (ϛρατηγ[Editor: illegible character]ς χειροτονεῖν) to chirotonize the magistrats.Phil. 1. For as the proedri were presidents of the people in their legislative capacity, so were the thesmothetæ, upon occasion of elections:L. 8. c. 8. thus the chirotonia of the proedri or of the thesmothetæ signifys nothing else but the chirotonia of the people, by which they had enacted all their laws, and elected all their civil or ecclesiastical magistrats or priests, as the rex sacrificus, and the orgeones, except som by the lot; which ordination, as is observ’d by Aristotle, is equally popular. This whether ignorantly or wilfully unregarded, has bin, as will be seen hereafter, the cause of great absurdity; for who sees not that to put the chirotonia, or soverain power of Athens upon the proedri or the thesmothetæ, is to make such a thing of that government as can no wise be understood?

What the people had past by their chirotonia, was call’d psephisma, an act or law. And because in the nomothetæ there were always two laws put together to the vote, that is to say, the old one, and that which was offer’d in the room of it, they that were for the old law were said (ἀποψηφίζειν) to pronounce in the negative; and they that were for the new (ϰαταψηφί[Editor: illegible character]ειν) to pronounce for the affirmative.

These laws, these propositions, or this frame of government, having bin propos’d first by Solon, and then ratify’d or establish’d by the chirotonia of the Athenian people; Aristotle says of him (τὴν δὲ δημοϰρατίαν ϰαταϛῆσαι) that he instituted or constituted the popular government; which constitution implys not any power in Solon, who absolutely refus’d to be a king, and therfore the word ϰαταϛὴσαι as to him implys no more than authority. I have shew’d you the words in controversy, and the things together in the mint; now whether they that as to Athens introduc’d them both, understood either, I leave my reader by comparing them to judg.

It is true that the things exprest by these words have bin in som commonwealths more, in others less antient than the Greec language; but this hinders not the Greecs to apply the words to the like constitutions or things, wherever they find them, as, by following Halicarnassæus. I shall exemplify in Rome.

Ὁ ΔΕ Ρώμυλ[Editor: illegible character], ἐπειδὴ ταῦτα διεϰόσμησε, βȣλευτὰς ἐυθυς ἔγνω ϰαταϛήσασϑαι.Lib. 2.Romulus,when he had distributed the people into tribes and parishes, proceded to ordain the senat: in this manner the tribes were three, and the parishes thirty; out of every tribe he elected three senators, and out of every parish three more, all by the suffrage of the people. These therfore came to ninety nine chosen by the chirotonia; to which he added one more, not chosen by the chirotonia, but by himself only: which election we may therfore say was made by the chirothesia; for as in this chapter I am shewing that the chirotonia is election by the many, so in the next I shall shew that the chirothesia, is election by one, or by the few. But to keep to the matter in hand; the magistrat thus chosen by Romulus was (præsectus urbi) the protector of the commonwealth, or he who, when the king was out of the nation or the city, as upon occasion of war, had the exercise of royal power at home. In like manner with the civil magistracy were the priests created (tho som of them not so antiently) for the pontifex maximus, the rex sacrificus, and the flamens, were all ordain’d by the suffrage of the people (pontifex tributis, rex centuriatis, flaminescuriatis) the latter of which, being no more than parish priests, had no other ordination than by their parishes. All the laws, and all the magistrats in Rome, even the kings themselves, were according to the orders of this commonwealth to be created by the chirotonia of the people; which nevertheless is by Appian somtimes call’d δεμάρχων χειϱοτονία, the chirotonia of the tribuns, whether these magistrats were presidents of the assemblys of the people, or elected by them.Galv. Inst. l. 4. cap. 3. § 15.Sic Romani historici non raro loquuntur, consulem qui comitia habuerit creâsse novos magistratus, non aliam ob causam nisi quia suffragia receperit, & populum moderatus est in eligendo.

Dion. Hal. l. 8.What past the chirotonia of the people, by the Greecs is call’d psephisma: μελλούσης δὲ διαλύεοϑαι τῆς ἐϰϰλησίας, ἀναϛὰς ὁ Μάϱϰι[Editor: illegible character] ἔφη. ἃ μὲν εψήφιϛαι τὸ ϰοινὸν ὑμῶν ἔχει ϰαλῶϛ· When the congregation of the people was to be dismist,Marcusstanding up, said, Your psephisma, that is your act, is exceding good, &c.

This policy, for the greater part, is that which Romulus (as was shewn) is said (ϰαταϛήσαϑαι) to have instituted or ordain’d, tho it be plain that he ordain’d it no otherwise than by the chirotonia of the people.

Thus you have another example of the three words in controversy (Chirotonia, ϰαϑιϛάναι, psephisma) still apply’d in the same sense, and to the same things. Have I not also discover’d already the original right of ordination, whether in civil or religious orders? This will be scandalous. How! derive ordination as it is in the church of Christ, or as it was in the church of the Jews, from the religion, or rather superstition of the heathens! I meddle not with their religion, nor yet with their superstition, but with their ordination which was neither, but a part of their policy And why is not ordination in the church or commonwealth of Christ, as well a political thing as it was in the churches or commonwealths of the Jews, or of the heathens? Why is not election of officers in the church as well a political thing, as election of officers in the state? and why may not this be as lawfully perform’d by the chirotonia in the one, as in the other?

Philo de Inst.That Moses introduc’d the chirotonia, is expresly said by Philo; tho he opposes it to the ballot, in which I believe he is mistaken,Princ. as not seeing that the ballot including the suffrage of the people, by that means came as properly under the denomination of the chirotonia, as the suffrage of the Roman people; which tho it were given by the tablet, is so called by Greec authors. All ordination of magistrats, or of the senators or elders of the sanhedrim, of the judges or elders of inferior courts, of the judg or suffes of Israel, of the king, of the priests, of the Levits, whether with the ballot or viva voce, was perform’d by the chirotonia or suffrage of the people. In this (especially if you admit the authority of the Jewish lawyers, and divines call’d the Talmudists) the Scripture will be clear, but their names are hard; wherfore not to make any discourse more rough than I need, I shall here set them together. The authors or writings I use, by way of paraphrase upon the Scripture, are the Gemara, Babylonia, Midbar Rabba, Sepher Siphri, Sepher Tanchuma, Solomon Jarchius, Chiskuny, Abarbanel, Ajin Israel, Pesiktha Zotertha. These and many more being for the election of the sanhedrim by the ballot, I might have spoken them more briefly; for the truth is, in all that is talmudical I am assisted by Selden, Grotius, and their quotations out of the rabbys, having in this learning so little skill, that if I miscall’d none of them, I shew’d a good part of my acquaintance with them.

Nor am I wedded to Grotius or Selden, whom somtimes I follow, and somtimes I leave, making use of their learning, but of my own reason. As to the things in this present controversy, they were no other in Athens and Rome than they had been in the commonwealth of Israel.

When Moses came to institute the senat, he ask’d counsil of God.Numb. 11. v. 16, 24.And the Lord said, Gather to me seventy men of the elders of Israel; andMoseswent out and told the people the words of the Lord: that is, propos’d the dictat of the supreme legislator to the chirotonia of the congregation. What else can we make of these words of Moses to the people?Deut. 1. v. 13, 14, 15.Take ye wise men, and understanding, and known among your tribes (ϗ ϰαταϛήσω ἀυτȣς ἐφ’ ὑμῶν ηγουμένους ὑ ɹων) and I will constitute them rulers over you. Now how the people could otherwise take or chuse these rulers or magistrats thus propos’d, than by their chirotonia, let divines—shew; or notwithstanding the constitution of Moses, both the senat of Israel, and the inferior courts, were decreed by the chirotonia of the people. For the people upon this proposition resolv’d in the affirmative, or answer’d and said, The thing which thou hast spoken is good for us to do. This then was the psephisma or decree of the people of Israel, whereupon says Moses (ϰατέϛησα ἀυτ[Editor: illegible character]ς ἡγεῖσϑαι) I constituted or ordain’d them governors. In which example you have the three words, or the three things again; nor as to the things, is it, or ever was it, otherwise in any commonwealth. Whence it is admirable in our divines, who will have ϰατέϛησα, constituted, to be the word of power; that they do not see by this means they must make two powers in the same government; the ϰατέϛησα or constitution of the legislator, and the chirotonia or suffrage of the people: or else say that the commonwealth of Israel was instituted by the power of the legislator, and the authority of the people, than which there is nothing more absurd. But the people staid not upon their first psephisma, or result, that the thing was good for them to do, but did accordingly. The manner of their procedin