The prerogative of popular government. A politicall discourse in two books. The former containing the first præliminary of Oceana, inlarged, interpreted, and vindicated from all such mistakes or slanders as have been alledged against it under the notion of objections. The second concerning ordination, against Dr. H. Hamond, Dr. L. Seaman, and the authors they follow. In which two books is contained the whole commonwealth of the Hebrews, or of Israel, senate, people, and magistracy, both as it stood in the institution by Moses, and as it came to be formed after the captivity. As also the different policies introduced into the Church of Christ, during the time of the Apostles. By James Harrington.

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Title
The prerogative of popular government. A politicall discourse in two books. The former containing the first præliminary of Oceana, inlarged, interpreted, and vindicated from all such mistakes or slanders as have been alledged against it under the notion of objections. The second concerning ordination, against Dr. H. Hamond, Dr. L. Seaman, and the authors they follow. In which two books is contained the whole commonwealth of the Hebrews, or of Israel, senate, people, and magistracy, both as it stood in the institution by Moses, and as it came to be formed after the captivity. As also the different policies introduced into the Church of Christ, during the time of the Apostles. By James Harrington.
Author
Harrington, James, 1611-1677.
Publication
London :: printed [by G. Dawson] for Tho. Brewster at the three Bibles at the west end of Pauls Church-yard,
1658. [i.e. 1657]
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Subject terms
Harrington, James, 1611-1677. -- Common-wealth of Oceana -- Early works to 1800.
Hammond, Henry, 1605-1660 -- Early works to 1800.
Seaman, Lazarus, d. 1675 -- Early works to 1800.
Political science -- Early works to 1800.
Ordination -- Early works to 1800.
Church and state -- Early works to 1800.
Link to this Item
http://name.umdl.umich.edu/A87137.0001.001
Cite this Item
"The prerogative of popular government. A politicall discourse in two books. The former containing the first præliminary of Oceana, inlarged, interpreted, and vindicated from all such mistakes or slanders as have been alledged against it under the notion of objections. The second concerning ordination, against Dr. H. Hamond, Dr. L. Seaman, and the authors they follow. In which two books is contained the whole commonwealth of the Hebrews, or of Israel, senate, people, and magistracy, both as it stood in the institution by Moses, and as it came to be formed after the captivity. As also the different policies introduced into the Church of Christ, during the time of the Apostles. By James Harrington." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A87137.0001.001. University of Michigan Library Digital Collections. Accessed June 5, 2024.

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CHAP. II. That the Cities, or most of them named in the Per∣ambulation of the Apostles, Paul and Barna∣bas were at that time under popular Govern∣ment. In which is contained the administrati∣on of a Roman Province.

THe Romans of all Nations under Heaven were indowed, as with the highest vertues, so with the greatest humane glory; which proceeded from this especially that they were in love with such as were in love with their Libertie, as to begin with their dawn. The Privernates, (a free People, inhabiting the City and parts adjoyn∣ing, which at this day is called Piperno, some fifty miles from Rome, and five from Ssse) being the second time con∣quered by the Romans; It was consulted in the Senate what* 1.1 course should be taken with them; where while some, accor∣ding unto the different temper of Men, shewed themselves hotter, and others cooler, One of the Privernates more mindfull of the condition wherein he was born, than of that wherein he was fallen, happen'd to render all more doubtfull; for being asked by a Senator of the severer Judgement, what punishment he thought the Privernates might deserve, Such (sayes he) as they deserve, that believe themselves worthy of Li∣berty. At the courage of which answer the Consul perceiving in them that had been vehement enough before against the Pri∣vernates, but the greater animosity, to the end that by a gent∣ler interrogatory he might draw forth, some softer answer, replyed, 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 goodone (said the other) a steddy and perpetual peace, but if an ill One, not a long One. At which a certain Senator falling o∣penly upon ruffling and threatning the Privernate, as if those words of his tended unto some practise or intention to stir▪ up

Page 10

the Cities in peace to sedition, the better part of the Fathers being quite of another mind, declared, 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 burthen as they are not able to bear, then till they can throw it down? There a peace is faithfull, 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, inclined o∣thers, while he openly professed, That they who had no thought but upon their liberty, could not but be thought worthy to be Ro∣mans: whereupon the Decree past by Authority of the Fathers, which was afterwards proposed unto the Congregation, and ra∣tified by the Command of the people, whereby the Privernates were made Citizens of Rome. Such was the Genius of the To man Common-wealth, where by the way you may also ob∣serve the manner of her debate and result, (Authoritate Pa∣trum & Jussu populi) by the advice of the Senate, and the Chi∣rotonia of the people.

But that which in this place is more particularly offer'd un∣to consideration is her usual way of proceeding in case of Conquest with other Nations; for albeit bearing an haughty brow towards such, as not contented to enjoy their liberty at home, would be her Rivals abroad, she dealt far otherwise, as with Carthage; This case excepted, and the pilling and pol∣ling of her Provinces, which hapned through the Avarice and Luxury of her Nobility, when the ballance of popular Power being broken, her Empire began towards the latter end to lan∣guish and decline; the way which she took with the Priver∣nates was that which she usually observed with others throughout the course of her Victories, and was after the change of Government made good at least in some part, by the Roman Emperors, under whom were now those Cities mentioned in the present perambulation of the Apostles Paul and Barnabas. Strabo for his Credit, among Humane Au∣tors is equall unto any; he lived about the time of this peram∣bulation, and being a Greek, is less likely to be partial: Of that therefore which I have affirmed to have been the course of the Romans in their Victories, I shall make choice of this Au∣thor for a Witness; first where he Epitomiseth the Story of Athens after this manner, When the Carians by Sea, and the

Page 11

Baeotians by Land wasted Attica, Ccrops the Prince, to bring the people under shelter, planted them in twelve Cities, (Cecropia,* 1.2 Tetrapolis, Epacrea, Decelea, Eleusis, Aphydna, Thoricus, Brauron, Cytherus, Sphettus, Cphissia, Phalerus,) which The∣seus is said to have contracted into one called Athens. The Go∣vernment of this City had many changes, at the first, it was Mo∣narchical, then popular; This again was usurped by the Tyrants Pisistratus and 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 imposed by the Lacedemonians, in the war of Peloponesus; which yoke the Athenians (by means of their faithful Army) shaking off, restored their popular go∣vernment, and held it untill the Romans attained unto the Do∣minion of Greece. Now though it be true that they were not a little disturbed by the Kings of Macedon unto whom they were forced to yeild some kind of Obedience; they nevertheless preser∣ved the form of their Common-wealth so intire, that there be who affirm it never to have been better administred, than at such time as Macedon was governed by Casander; for this Prince though in other thinge more inclining towards the Tyrant, ha∣ving taken Athens by surrender, used not the People ill, but made Demetrius Phalerius the Disciple of Theophrastus the Philosopher, chief Magistrate among them; a Man so far from ruining their Popular State (as in the Commentaries he writ upon this kind of Government is attested) that he repaired it. Nevertheless whether suspected or envied for his greatness with, or support by the Macedonian, after the death of Casander he fled into Aegypt, while his Enemies breaking down his Sta∣tues▪ (as some say) made homely Vessels of them. But the Romans having received the Athenians under their popular form left them their Laws and Liberties untouched, till in the war with Mithridates they were forced to receive such Tyrants as that King was pleased to give them; whereof Aristion the greatest, when the Romans had retaken the City from him, be∣ing found trampling upon the people, was put to death by Sylla, and the City pardoned, which to this day (he writ about the Reign of Tyberius) not only enjoyes her liberties, but is high in honour with the Romans. This is the testimony of Strabo, agreeing with that of Cicero, where disputing of divine providence, he saith, that to affirm the world to be governed by chance, or

Page 12

without God, is as if One should say that Athens were not go∣verned by ohe Areopagites. Nor did the Romans by the de∣position 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 acquired like or greater pri∣viledg by the same bounty, was also a Citizen of Rome,) then in Greece. Asia is understood in three significations: First,* 1.3 for the third part of the world answering to Europe and A∣frica: Secondly, for that part of Asia, which is now called Natolia. Thirdly, for that part of it which Attalus King of Pergamum dying without Heirs, bequeathed and left un∣to the People of Rome: this contained Mysia, Phrygia, Aeo∣lis, Jonia, Caria, Doris, Lydia, Lycaonia, Pisidia, and by con∣sequence the Cities whereof we are speaking: to all these Countries the Romans gave their liberty, till in favour of Aristonicus the Bastard of Eumenes, many of them taking Arms, they were recovered, brought into subjection, and framed into a Province.

When a Consul had conquered a Country, and the Romans intended to form it into a Province, it was the custome of the Senate 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 formed by M. Aquillius Consul, afterwards so excellent∣ly reformed by Scaevola, that the Senate in their Edicts used to propose his Example unto succeeding Magistrates; and the Inhabitants to celebrate a Feast unto his Name. Neverthe∣less Mithridates King of Pontus (all the Romans in this Pro∣vince being massacred in one day) came to possesse himself of it, till it was recovered at several times by Sylla, Murena, Lu∣cullus, and Pompey. The Romans in framing a Country into a Province, were not accustomed to deal with all the Inhabi∣tants of the same in a like manner, but differently according to their different merit. Thus divers Cities in this were left free by Sylla, as those of the Ilienses, the Chians, Rhodians, Lycians, and Magnesians, with the Cizicens, though the last of these afterwards for their practises against the Romans for∣feited their liberty unto Tiberius in whose Reign, they were for this reason deprived of the same.

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Taking Asia 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 Pamphilia, Issauria, and Cilicia more peculiarly so called; here Cicero was sometimes Pro-Consul, in honour unto whom part of Phrygia with Pisidia, and Lycaonia were taken from the former, and added unto this Jurisdiction, by which means the Cities whereof we are spea∣king, came to be of this Province: adjoyning hereunto, was the Common-wealth of the Lycians, which the Romans left free; Into this also the City of Attalia by some is computed, but Iconium both by Scrabo and Cicero, the latter whereof being Pro-Consul in his journey from Laodicea, was received* 1.4 by the Magistrates and Deputies of this City: Lystra and Derbe being Cities of Lycaonia, must also have been of the same Province. Next unto the Province of Cilicia was that of Syria, containing Comagene, Seliucia, Phaenicia, Caelosy∣ria, and Judea or Palestine. In Seleucis were the four famous Cities Seleucia, Antiochia, Apamea, the last entire in her liberty, and Laodicea; Comagene and Judea were under Kings, and not framed into Provinces, till in the time of the Emperors.

The fourth Province of the Romans in Asia was that of Bithymia with Pontus, these were all acquir'd or confirmed by the Victories of Pompey the Great. Strabo who was a Cappadocian born at Amasia, relates a story worthy to be re∣membred in this place. From the time saith he, that the Ro∣mans having conquered Antiochus, became Moderators of Asia; they contracted leagues of amity with divers Nations; where there were Kings, the honour of addresse was deferr'd unto them, with whom the Treaties that concerned their Coun∣tries were concluded. But as concerning the Capad cians, they treated with the whole Nation, for which cause the royal Line of this Realm coming afterwards to fail, the Romans gave the people their freedom or leave to live under their own Laws: and when the people hereupon sending Ambassadors unto Rome, re∣nounced their Liberty, being that to them which they said was intolerable, and demanded a King; The Romans amazed there should be Men that could so far despair, permitted them to chose of their own Nation, whom they pleased; so Aribarzanes was chosen, whose Line again in the Third Generation coming to

Page 14

fail; Archelaus was made King by Anthony, (where you may observe in passing that, the Romans imposed not Monarchi∣cal Government, but for that matter used to leave a people as they found them) thus at the same time they left Pontus un∣der King Mithridates, who not containing himself within his bounds, but extending them afterwards as far as Cholchis and Arm nia the lesse, was reduced unto his Termes by Pompey, who divesting him of those Countries which he had usurped, distrihu∣ted some part of them unto such Princes as had assisted the Romans in that War, and divided the rest into twelve Common-wealths, of which added to Bythynia, he made one Province, When the Roman Emperors became Monarchs, they also upon like occasi∣ons made other distributions, constituting Kings, Princes, and Cities, some more some lesse, some wholly free, and others in sub∣jection unto themselves.. Thus came a good, if not the grea∣ter part of the Cities in the Lesser Asia, and the other adioyn∣ing Provinces to be some more, some less free, but the most of them to remain Common-wealths, or to be erected into Popu∣lar Governments, as appears yet clearer by the intercourse of Pliny, while he was Praetor, or Governor of Bythinia, with his Master the Emperor Trajan, a plece of which I have inserted in the Letters following.

Pliny to Trajane.

SIR,

IT is Provided by Pompeys Laws for the Bythinians that* 2.1 no Man under Thirty years of Age be capable of Magi∣stracy, or of the Senate: by the same it is also established, that they who have born Magistracy, may be Senators. Now because by a latter Edict of Augustus, the lesser Magi∣stracies may be born by such as are above One and twenty; there remains with me these doubts, whether he that being under Thirty, hath born Magistracy, may be elected by the Censors into the Senate; 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 Se∣nate, though he have not born it: which is here practised and pretended to be necessary, because it is somewhat bet∣ter

Page 15

they say, that the Senate be filled with the children of good Families, than with the lower sort. My opinion be∣ing asked, 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 Senate; seeing the Edict allows a man under Thirty to bear Magistracy, and the Law, a Man that hath born Magistracy, to be a Senator; But as to those that have not born Magistracy, though at the age in which they may bear it; I demurr till I may understand your Majesties pleasure, unto whom I have sent the Heads both of the Law, and of the Edict.

Trajane to Pliny.

YOu and I dearest Pliny are of one mind, Pompey's Laws are so far qualified 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 re∣spective Cities: but for such as have not born Magistracy, though they might have born it, I conceive them not Eligi∣gible into the Senate, till they be thirty years of age.

Pliny to Trajane.

SIR,

POwer is granted unto the Bythinian Cities by Powpey's Law, to adopt unto themselves what Citizens they please, so they be not forreigners but of the same Province, By the same Law it is shewn in what cases the Censors may remove a man from the Senate; Among which neverthe∣less it is not provided what is to be done in case a forreign Citizen be a Senator. Wherefore certain of the Censors have thought fit to consult me, whether they ought to re∣move a man that is of a forraign City for that cause our of the Senate. Now because the Law, though it forbid the adoption of a forreigner, commandeth not that a Forraign∣er for that cause should be removed out of the Senate, and I am informed there be forreign Citizens almost in every Senate: so that many, not only Men, but Cities might suf∣fer

Page 16

concussion by the restitution of the Law in that part, which through a kind of consent seemeth to be now grown obsolete; I conceive it necessary to have your Majesties resolution in the case, to which end I have sent a Breviate of the Law annexed.

Trajane to Pliny.

VVIth good cause (dearest Pliny) have you doubted what answer to return unto the Censors, enquiring whether they ought to Elect a man into the Senate that is of another City, though of the same Province; seeing on the one side the authority of the Law, and of custome on the o∣ther to the contrary might well disorder you. To innovate nothing for the time past, I think well of this expedient: they who are already elected Senators, though not according un∣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 framed as hath been shewn, were subdi∣vided into certain Circuits called Diocesses, That of Asia had six Alabandae, Sardes (antiently the seat of Craesus) Smyrna, Ephesus, Adramytis, Pergamum. That of Cilicia had also six, the Pamphilian, Issaurian, and Cilician, the Metropolis where∣of was Tarsus a free City; To these were taken out of the Province of Asia, Cibyra, Sinnadae, Apamea; what were the Diocesses of the other two, Sigonius whom I follow doth not shew. At these in the Winter, (for the Summer was spent commonly with the Army,) the people of the Province as∣sembled at set times, as at our Assizes, where the Roman Go∣vernors did them Justice.

The Governors or Magistrates unto whose care a Province was committed, were of two kinds: the first and chief was Consul or Praetor, which appellations differ'd not in power, but in dignity, that of Consul being more honourable, who had twelve Lictors, whereas the Praetor had but six, if the an∣nuall Magistracy of either of these came to be prorogued, he was called Pro-Consul, or Pro-Praetor.

Page 17

The second kind of Magistrate in a Province, was the Quae∣ster, Receiver or Treasurer, who being also annual, was at∣tended by Lictors of his own, if he dyed within his year, the the Consul, Pro-Consul, or Praetor, might appoint one for that time in his place, who was called Pro-Questor. The power of the Consul, Pro-Consul, or Praetor was of two kinds, the one Civil, the other Military, the former called Magistracy, the latter Empire.

The pomp of these assuming and exercising their Magistra∣cy was reverent, the Consul, or Pro-Consul had Legates, sometimes more, but never under three, appointed him by the Senate; these were in the nature of Counsellors to assist him in all affairs of his Province, he had Tribunes, Colonels, or Field Officers for the Military part of his administration; he had also Secretaries, Serjeants, Heraulds, or Cryers, Lictors, or Ensign∣bearers, Interpreters, Messengers, Divines, Chamber∣lains, Physitians, and besides these his Companions, which for the most part were of the younger sort of Gentlemen, or Gal∣lants that accompanied him for his Ornament, and their own Education. Into this the somewhat-like Traine of the Quae∣stor (who by the Law was in place of a Son unto the Pro-Con∣sul, and to whom the Pro Consul was to give the regard of a Father) being cast, it made the Praetorian Cohort, or Guard alwaies about the person of the Pro-Consul, who in this E∣quipage having done his devotions at the Capitol, departed the City Paludatus, that is in his Royal Mantle of gold and purple, followed for some 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 supieme Magistrate; in the former relation he had an Army either received from his pre∣decessor, or new leavied in the City; this consisted in the one half of the Legions, (as I have elsewhere shewn) and in the o∣ther of Associates; for the greatness of the same, it was pro∣portion'd unto 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 Auxiliaries that is to a matter of Twelve thousand Foot, and Twelve hundred Horse. The Magistracy or Jurisdiction of the Pro-Consul,

Page 18

or Praetor was executed at the Metropolitan City of each Dioecis, which upon this occasion was to furnish the Praetori∣an Cohort with lodging, salt, wood, hay, and stable-room at the charge of the Country. These (though Cicero, would hardly receive any of them) were towards the latter time of the Common-wealth, extended by the provincial Magistrates unto so great a burthen to the people, that it caused divers Laws to be passed in Rome (de repetundis) for restitution to be made unto the Provinces, by such as had injured them. Upon such Laws was the prosecution of Verres by Cicero, When and where this kind of Court was to be held, the Con∣sul, Pro-Consul, or Praetor by Proclamation gave timely no∣tice, being assembled at the time, and the City appointed, in the Town Hall stood a Tribunal, upon this the Sella Curulis, or Chair of State, in which sat the Consul, Pro-Consul, or Praetor with his Praetorian Cohort or Band about him, furnish∣ed with all manner of pomp, and Officers requisite unto the ornament, or administration of so high a Magistracy. The jurisdiction of this Court was according unto the Laws made for the administration of the Province, but because they could not foresee all things, (as appeared by the questions which Pliny put upon the Laws of Pompey, unto Trajane) it came to pass, that much was permitted unto the Edicts of the provincial Praetors, as was also in use at Rome with the Praetors of the City: and if any man had judged otherwise in his Pro∣vince, then he ought to have done in the City, made an Edict contrary unto the Law of his Province, or judged any thing otherwise than accordieg to his own Edict, he was held guilty of, and questionable for an hainous 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 maine very much resembling that of Sicily called Rupi∣lia.

Lege Rupilia, or by the Law of Rupilius, a cause between One Citizen and another being of the same City, was to be tryed at home by their own Laws. A Cause between one Provincial and another being of divers Cities, was to be tryed by Judges whom the Praetor should appoint by lott; what a private man claim'd of a people, or a people of a private man, was to be referr'd unto the Senate of some third City. Ʋpon what a Roman

Page 19

claimed of a Provincial, a Provincial was to be appointed Judge. Ʋpon what a Provincial claimed of a Roman, a Roman was to be appointed Judge. For decision of other controversies select Judges from among the Romans (not out of the Praetorian Co∣hort, 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 peculate or Treason, the Law, and the manner of proceeding was the same in the Provinces, as in Rome.

For the Iributes, Customes, Taxes, leavies of Men, Money, Shipping, ordinary, or extraordinary for the common defence of the Roman Republick, and her Provinces, the Consuls, Pro-Consuls, or Praetors, proceeded according unto such Decrees of the Senate as were in that case standing or renewed upon Emergent occasions; in gathering these say the Magi∣stracy or office of the Quaestor: if the Pro-Consul were indis∣posed, 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 Legates. With matter of Religion they medled not, Every Nation being so far left unto the Liberty of Conscience, that no violence for this cause was offer'd unto 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 throughout the Roman Provinces. This the Jews liked well for themselves, nor were they troubled at the Hea∣thens, but to the Christians they alwaies grudg'd the like priviledg. Thus when they could no otherwise induce Pilate to put Christ to death; they accused Christ of affecting Mo∣narchy, and so affrighted Pilate being a mean condition'd fellow, while they threatned to let Tiberius know he was not Caesar's Friend; that he comply'd with their ends. But when at Corinth where Gallio (a man of another temper) was Pro-Consul of Achaia, they would have been at this Ward 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 judge of words, and names, and questions of their Law, for he cared no more for the Disputes between the Christians and the Jews, than for those between the Epicureans and the S••••ick. Wherefore his Lictors drave them from the Tribunal, and the officious Corinthians to shew their love to the Pro-Consul

Page 20

fell on knocking them out of the way of other bu∣siness.

Now though the Common-wealth of the Achaeans, being at this time a Roman Province under the Pro-Consul Gallio, enjoyed no longer her common Senate, Strategus and Demi∣urges, according unto the model shown in the former Book, yet remained each particular City under her antient form of Popular Government so that in these, especially at Corinth; many of the Greeks being of the same judgement, the Jews could not dispute with the Christians without Tumult. Of this kind was that which hapned at Ephesus, where Christia∣nity* 5.1 growing so fast, that the silver-smiths of Diana's Tem∣ple began to fear they should loose their Trade: the Iews lik∣ing better of Heathenisme than Christianity, set Alexander one of their pack against Paul.

This place (in times when men will understand no other∣wise of humane story, then makes for their ends) is fallen happily unto my hand, seeing that which I have said of a Ro∣man Province, will be thus no less than proved out of Scrip∣ture. For the Chancellor of Ephesus perceiving the Ecclesia, (so it is in the Original) or Assembly (as in our Translation) uncalled by the Senate, or the Magistracy to be tumultuously gathered in the Theater: their usual place (as in Syracusa and other Cities) of meeting, betakes himself to appease the people with divers arguments: among which he hath these. First, as to matter of Religion, Ye have brought hither (saith he) these men which are neither robbers of Temples (Churches, our Bible hath it, before there was any Church to be robbed) Nor yet blasphemers of the Goddesse: In which words (seeing that they offering no scandal, but onely propagating that which was according to their own judgement were not ob∣noxious unto punishment) he shews that every man had Li∣berty of Conscience. Secondly asto Law. If Demetrius and the Crafts-men which are with him have a matter against any man, the Law (saith he) is open. Thirdly, as to the matter of Government which appears to be of two parts, the one pro∣vincial, the other Domestick, for the former (saith he) there are (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Pro-Consuls, (he speaks in the plural number with relation unto the Legates, by whom the Pro-Consul sometimes held his Courts. Otherwise this Magistrate was

Page 21

but one in a Province, as at this time for Asia P. Suilius) and to the latter (saith he) if you desire any thing concerning other matters, that is such as appertain unto the Government of the City, (in▪ which the care of the Temple was included) it shall be determined in a lawful Ecclesia, or Assembly of the peo∣ple. By which you may see that notwithstanding the Pro∣vincial government, Ephesus, though she were no free City, (for with a free City the Pro-Consul had nothing of this kind to do) had (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) the government of her self, (as those other Cities mentioned in Plynies Epistles) by the Senate, and the people, for wherever one of these is named, as the Senate by Pliny, or the people by Luke, the other is understood. When the Chancellor had thus spoken, he dismissed the Eccle∣sia. It is Lukes own word, and so often as I have now repeat∣ed it, so often hath he used it upon the same occasion. Where∣fore I might henceforth expect two things of Divines; first, that it might be acknowledged that I have good Authors, St. Luke and the Chancellor of Ephesus, for the word Ecclesia in this sense; and secondly that they would not perswade us, the word Ecclesia hath lost this signification, least they con∣demn this place of Scripture to be no more understood. The manner of Provincial Government being thus proved, not only out of prophane Authors, but out of Scripture it self; and the Cities that were least free having had such power o∣ver themselves, and their Territories; why if the Romans took no more of them for this protection, than was paid unto their former Lords, did they not rather undertake the patronage of the World than the Empire, seeing Venice, and Dantzig, 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 Common-wealth that should have put the rest of the world into the like condition, no less in our day could have been said? And yet that the Romans, when the nature of the Eastern Monarchies shall be rightly considered, took far less of these Cities, than their old Masters, will admit of little doubt. Cicero would not lye, He when he was Pro-Consul of Cilicia, wrote in this manner concerning his Cir∣cuit, to his friend Servilius. Two dayes I stand at Ladicea, at Apmea five, at Sinnadae three, at Pilomelis five, at Iconium ten, then which Jurisdiction or Government there is nothing more

Page 22

just or equall. Why then had not those Cities their Senates, and their Ecclesiae, or Congregations of the people as well as that of Ephesus, and those whereof Pliny gives account to Trajane?

Corinth was in Achaia, Perga of Pamphilia, Antioch of Pisidia, Iconium, Lystra, Derbe of Lycaonia, were in Cilicia and with these as some reckon, Attalia. Ephesus, and the o∣ther Antioch were in Syria. Achaia, Cilicia, and Syria were Roman Provinces at the time of this perambulation of the A∣postles. The Cities under Provincial administration, whether free are not free were under popular Government; whence it follow∣eth, that Corinth, Ephesus, Antioch of Syria, Antioch of Pisidia, Perga, Iconium, Lystra, `Derbe, Attalia, being at this time under Provincial administration, were at this time under popu∣lar Government. There hath been no hurt in going about, though indeed to shew that these Cities (had quandam 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) were under popular government, we needed to have gone no farther than the Text, as where the Chancellor of E∣phesus to get rid of a tumultuous Ecclesia, or Assembly of the people, promiseth them a lawful one. In Iconium Lystra, Derbe and the rest, you hear not of any King, (as where Herod stretched out his hand to please the Jews, and vex the Church) but of the people, of their Rulers, of their Assemblies, and of their tumults. The people at Lystra are now agreed to give the Apostles divine honours, and anon both at Iconi∣um and Lystra to stone them: Now to determine of divine honour, or of life and death, are acts of Soveraign power. It is true, these nevertheless may happen to be usurped by a meer Tumult, but that cannot be said of these Congregations, which consisted as well of the Magistrates and Rulers, as of the people, and where the Magistrates shew that they had no distinct power whereby to restraine the people, nor other means to prevail against them, than by making of parties, which passages as they prove these Common-wealths on the one side to have been ill constituted, evince it on the other, that these Cities were under popular Government.

Notes

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