Pian piano, or, Intercourse between H. Ferne, Dr. in divinity and J. Harrington, Esq. upon occasion of the doctors censure of the Common-wealth of Oceana.

Reply.

IN my Book I call the Govern∣ment whereupon we are dispu∣ting the Commonwealth of Israel; but though I think I did not much amiss, I am the first that ever cal∣led it so, and you make no diffi∣culty

in your first Letter to speak after me: But when I come to call it, as all they doe that have writ∣ten upon it, then you begin to doubt, and it is the Commonwealth (as I call it) of the Hebrews, whence you will be more then suspected, not to have read any of those Au∣thors. And yet how confidently is it laid to me in your first Letter, that I am not a little mistaken in thinking the Israelitish Commonwealth or Go∣vernment under Moses to be so ap∣pliable to my purpose, as I would make it? Nevertheless when you come in Answer unto this Quaere to give your Reasons, you bring this for one, that Page 18. I say the function of the Senate was onely executive, the Laws being made by God; Where First the word onely is not mine, but of your imposing; Secondly, when you should shew that I am mistaken in thinking the Com∣monwealth of Israel so appliable

to my purpose as I would make it, you shew that I make it no more appliable to my purpose than it is: Which is not fair, especially when I gave you so cleer a Reason, that albeit the Authority of proposing laws appertain unto every Senate (as such) yet the Laws of the Com∣monwealth of the Hebrews ha∣ving been all made by an infallible Legislator, even God himself, the Senate had no Laws in the begin∣ning to propose, but came after∣wards to propose, when those laws given in the beginning came to need addition; for if you find the Kings upon such occasions as David, 1 Sam. 7. 2. and Hezekiah, 2 Chron. 30. proposing, and the People resolving, was this likely to have been introduced by them? or if the People had the result in the Monarchy, must they not much more have had it in the Commonwealth? Wherefore the

Authority of proposing unto the people, as will better appear here∣after, was derived by the King from the Judge, by the Judge from the Sanhedrim, by the Sanhedrim from Moses, and by Moses from God: As (Exod. 19. 5.) where God giveth him instructions for a Proposition unto the People; Thus shalt thou say unto the House of Jacob, and tell the children of Israel, ye have seen what I did unto the Egy∣ptians, &c. Now therefore if you will obey my voice indeed, and keepe my Covenant, then you shall be unto me a Kingdome of Priests: If you will (not whether you will or no) you shall be (which relates unto the future) unto me a Kingdome; that is, I will be your King. God having given these instructions unto his sole Legislator, Moses came (accordingly) and called for the Elders of the People, and laid be∣fore their faces all these words that

the Lord had commanded him. And all the People answered together (gave their suffrage, Nemine contradi∣cente) and said, All that the Lord hath spoken we will doe: And Moses returned the words (that is, the suf∣frage, or result) of the People unto the Lord. Wherefore God was King in Israel by Covenant, pro∣posed by Himselfe or his servant Moses, and resolved by the People: Now that he was afterwards reje∣cted by the People (when they chose another King) that he should not reign over them, 1 Sam. 8. 7. are his own words: And if in these words he shew plainly that the People had power to reject a Law that was not onely proposed unto them, but resolved by them, then must it needs be included even in Gods own words, that the People must have had power to have re∣jected any thing that was propo∣sed, and not confirmed by them:

And yet you tell me, that this is so far from good Logick, that it falls short of good Divinity; And why? because it must suppose God and the People on equal termes at their entring that Covenant. Then that a King either cannot covenant (for exam∣ple) with his Chandler to serve him with Wax, or that the Chan∣dler was upon equal Terms, or Hail-fellow well met with the King, at their entering that cove∣nant, comes up to good Divinity. Such is the Logick which you chop with me, for you are beyond my understanding! But the ho∣nest part of Logick I understand well enough, not to envy them that seem to have more.

For if by the Word Terms you understand the Conditions of the Covenant, it is fair: as to these indeed, the parties covenanting are so far equal, that they may e∣qually will or choose; else it were

a Precept or Command, not a Co∣venant; but if by the Word Terms you understand the dignity or power of the parties, it is not fair, but an equivocation; for the e∣quality of the Parties in that sense is nothing at all unto the equality of the Covenant; wherefore the impiety you would fix upon me, is your own, and ariseth from your want of distinguishing between the Almighty Power of God in which he is above all things, and his infinite love whereby he bow∣eth the Heavens, and descendeth unto his poor creatures; in the former regard to talk of electing or deposing God (who is King, be the Heathen never so unquiet) were, in∣deed, impious; but in the latter it is most certain, that He ruleth a∣mong no other than a consenting, a resolving, a willing People; Or tell me whether the reign of God on the neck of the Turks be the

same with that in the hearts of his elect, or wherein consists the diffe∣rence? Moreover to what I have said, and more than what I have said for the debate that was in the Senate, and the result that was in the People of Israel, Grotius hath summed up the Talmudists in this Note upon the Tenth Verse of Deu. 18. Notandum praeterea scita Se∣natus nonnull a sive legi interpretandae sive praemuniendae fact a evanuisse, non modò si Senatus ante receptum ubi{que} morem sententiam mutasset, verum etiam sivel ab initio Populus ea non ferret, vel si irent in dissuetudinem, where there is nothing plainlier to be perceived than that debate was in this Senate, and result in this People: and you confesse what I assert in the 17th page of all their Laws given by Covenant to be true in a sober sense; now the sense which I have shew'd you is that of all so∣ber Men. But can you shew me the

judgement of any sober man that because we find Princes and heads of the Tribes, we may call them a Senate? pray' how do you cut Twelve Princes into Seventy El∣ders, or where do you find them in the Senate? but this is nothing. If we look to the institution of the Se∣venty, we find it (say you) to be upon the advice of Jethro. (We) I pray you take it to your self, or I appeal to him that shall compare Exod. 18. with Numb. 11. whether this have been the opinion of any sober man. Moses in that of Exodus hearkens unto the voice of his father in law, Jethro the Priest of Midi∣an: Making able men out of Israel, Heads over the people, Rulers of thou∣sands, Rulers of hundreds, Rulers of fifties, and Rulers of tenns. And they judged the People at all seasons: the hard causes they brought unto Moses, but every small matter they judged themselves. These were the Je∣thronian

praefectures, or the courts afterwards consisting of Twenty three Judges that sate in the gates of every City. Never were they mistaken before for the Sanhe∣drim or Seventy Elders, which came not to be instituted till af∣terwards in the Eleventh of Num∣bers, where Moses while he stood alone, being as weary of the re∣course had unto him from these judicatories, as he was of That, be∣fore their Institution, Cries unto God, I am not able to bear this People alone (his Office of sole Legislator, in which relation Lycurgus and So∣lon are as well and as properly cal∣led Kings, as He, who was King in∣deed in Jesurun, Deut. 33. 5. but no otherwise than they in their Com∣monwealths, that is to propose the Laws of his form, when the Heads of the People, & the Tribes of Israel were gathered together 〈◊…〉〈◊…〉 was now almost accomplished.) Wherefore

the Lord said unto Moses, Gather un∣to me Seventy Elders of the men of Israel, whom thou knowest to be El∣ders of the People, and Officers over them, and bring them unto the Taber∣nacle of the congregation (in which or in the Temple was ever after the Session-house of the Senate) that they may stand there with thee. If this be not enough, you may have a farther sight of your great mistake, 2 Chron. 19. where at the restitution of this Govern∣ment in some part by Jehosha∣phat, the Jethronian Councils are set up City by City: But the Senate or Seventy Elders with a moreover in Jerusalem; and that the Jethro∣nian Courts are intimated in the New Testament by the name of the Judgement, as the Sanhedrim by that of the Council, Godwyn the Schoolmaster could have told you. But whereas nothing is more con∣stantly delivered by all Authors,

nor express in Scripture, then that Moses having instituted the Sanhe∣drim stood from that time for∣ward no more alone, or was thence forth but Prince of the Se∣nate, which God appointed to stand with him; You say, that he was a Monarch or stood alone. And whereas the Jethronian Prae∣fectures henceforth brought all their difficult Cases unto the San∣hedrim, in the institution of which Sanhedrim Jethro had no hand: You say, that the Sanhedrim or Seventy Elders were instituted by Jethro. How plain would your Eng∣lish have been upon this occasion if they had given it; whereas I shall say no more then that these are no little things nor poor mistakes.