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.

A POLITICAL DISCOURSE CONCERNING Ordination.

THE INTRODUCTION, OR First Chapter.

THe Names or words whereof we are about to Dispute are Greek, the one Chirotonia, the other Chirothesia; the first significati∣on of the word Chirotonia in Sindas, im∣ports a certain lewd action of the hand, which seemeth also by the Greek that ren∣ders it by the same word, to have been inti∣mated by Isai. 5. 9. In the second signification with Suidas, it is (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Election, (that is to say of Ma∣gistrates) or ratification, (that is to say of Laws) by the Ma∣ny: which amounts both by his testimony, and that general∣ly of antient Authors unto this, that the most usual and natu∣ral 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 doth Suidas in the place mentioned) of Rome, and other Common-wealths, (whose suffrage was not given with this Ceremony,) without hold∣ing up of hands.

Chirethesià (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) is a word that in the strict sig∣nification imports laying on of hands, and no more: but the Jews using to confer their Ordination most commonly by lay∣ing on of hands; and yet sometimes by word of mouth, or by letter, the word both as it relates to the custome of the Jewish Common-wealth, and Ordination thence transplanted

into the Church of Christ, signifies Ordination conferred by one Man, or a few Men, that is to say, by some distinct Order from the people, whether with Imposition of hands, or with∣out it.

These words thus interpreted, I shall throughout my dis∣course (which else must have run altogether upon the Greek) presume as already I have done, to take for good English, and so proceed unto the things whereof we are to dispute; first, by opening the Scene of this perambulation, which will be done best by the help of Erasmus a man as for his learning not inferior to any, so for his freedom not adicted unto inte∣rests, or parties. For the Remainder then of this Introducti∣on, I shall begin with the nineteenth Verse of the eleventh, and continue my discourse unto the end of the fourteenth Chapter of the Acts, interweaving the Text where it is dark∣er with the Paraphrase of that excellent Author for light, and his Paraprase with the Text, where it is clearer for bre∣vity in manner following.

They whom the heat of persecution from the death of Stephen had dispersed, travelled through the Cities and* 1.1 Villages as far as Phenice, and the adjacent Island of Cy∣prus; as also through Antiochia, which lyeth between Phe∣nice and Cilicia, preaching the Gospel received from the Apostles, which nevertheless they dared not to communi∣cate, but to such only as were of the Iewish Nation, not out of envy, but a kind of Superstition, they believing that to do otherwise were to give the Childrens bread unto doggs, which Christ hath forbidden.

But some of them that believed being of Cyprus and Cyrene, when they came unto Antioch, had the boldness to speak of Christ unto the Greeks, preaching the Lord Iesus, in which they made such progress, through the bles∣sing of God upon them and their labours, that a great num∣ber of these also believing the Gospel, were turned unto the Lord. The tidings of these things coming unto the Ears of the Church, which was at Ierusalem, a man of Apostoli∣cal sincerity, Barnabas the Levite, a Cyprian born, was

sent by the Apostles to take a view of what was done upon the places, and if he found it to be according unto the will of God to approve of it, by authority of the Apostles. So great caution in receiving the Gentiles unto the Gospel was not, but the thing was greatly desired by the Apostles: but least it should afterwards be repeated or made void by the Iews, as done rashly, or that the Gentiles should re∣ly less upon what was done, as conceiving it needed rati∣fication by the Law. Wherefore Barnabas so soon as he came to Antioch, and found the Greeks by Faith, and without profession of the Law, to have received the same grace of God with the Iews, was very much joyed that the number of Believers increased, and exhorted them to re∣main constant in their Enterprize of adhering unto the Lord. For he was a good Man, and full of the Holy Spirit, and of Faith. Wherefore through his Ministry it came to passe, that a Multitude of other Believers were added unto the former. Now Antioch being not far from Cilicia, the Neighbourhood of the place invited him to seck Paul the fittest helper in this work, as chosen by Christ to preach his Name unto the Gentiles, and Kings of the Earth. For when Paul fled from Ierusalem, the Disciples had conducted him to Caesarea of Phenice, whence he went to Tarsus, whom therefore when Barnabas had found there, he brought to Antioch, hoping in a City both fa∣mous and populous, (but with a confused mixture of Iews and Greeks) to receive the better fruit through the aid of an Apostle more peculiarly designed unto this work. These two being conversant an whole year in the Church of An∣tioch, which by the confluence both of Iews and Greeks, became very numerous, so many were added by their prea∣ching, that whereas hitherto not▪ exposing the Name of Christ unto Envy, they had been called Disciples, they now began first at Antioch from the Name of their founder to be called Christians. In these times certain Prophets came

from the City of Ierusalem unto Antioch, whereof one na∣med Agabus, standing up in the Congregation, signified by inspiration, that there should be a great dearth through the whole world; which came to pass under Claudius Cae∣sar the Successor of Caligula. At this time they at Ierusa∣lem, partly because they were poor at their conversion un∣to the Gospel, partly because they had deposited their goods in Common, and partly because they had been spoiled by the Priests for their profession of Christ, Ordained that by the contribution of such as had wherewithall, especially among the Believing Gentiles, money should be sent unto the relief of the Christians dwelling in Iudea: but so, that this Contribution was not to he forced but free; and accor∣ding unto every mans ability. This money thus gathered was sent by Paul and Barnabas unto the Elders at Ierusa∣lem to be distributed at their discretion unto such as were in need. While Paul and Barnabas were thus employed, King Herod, the same that had beheaded Iohn, and returned Christ clothed through derision in white unto Pilate, be∣ing grieved to see this kind of People increase, and the Name of Iesus King of the Iews to grow famous in divers Nations, became concerned to root out such a Faction, and so spreading; wherefore he stretched forth his hand to vex certain of the Church, killed Iames the Brother of Iohn with the sword, and because he saw it pleased the Iews, proceeded farther to take Peter also, who being imprisoned, was afterward miraculously delivered. But Paul and Barnabas having performed the Trust committed unto them by the brethren, and delivered the Contribution for relief of the Poor unto the Apostles, returned from Ierusa∣lem unto Antioch, taking with them Iohn whose Surname was Mark.

Now the Church of Antioch flourished in such manner, that she had some filled with the gift of Prophecy, & others withthat of teaching, among whom was Barnabas and

Simeon alias Niger together with Lucias a Cirenian, and Manaen who had been brought up with Herod the Te∣trach, whom he left to come unto Christ; but the chief of them was Saul endowed with all the gifts and graces apo∣stolical. While▪ all these were intent upon the Ministry of the Church, imploying their several gifts unto the glory of God, and in his most acceptable service, the salvation of Souls with Fasting and Prayer, The Holy Ghost be∣ing stirred up by their zeal, signified his will by the Pro∣phets, saying, Separate me Barnabas and Paul for the work whereunto I have called them, namely, to be Do∣ctors of the Gentiles, that by them I may propagate the Gospel. The command of the Spirit was obeyed, and Barnabas with Paul, to the end that every one might see who were chosen, were separated from the rest; and when the Congregation had unanimously imoplored the favour of God by Prayer and Fasting, the most eminent in autho∣rity among them, laid their hands upon the persons so se∣parated, and sent them wherever the Spirit of God should direct them. By this impulse therefore Barnabas and Paul went unto Selencia, being a Promontory of Antio∣chia, and thence sailed into the Island of Cyprus, where landed at Salamis a famous City upon the Eastern part of the Island, they preached not humane inventions, but the Word of God, nor that by stealth, but in the Syna∣gogues of the Jews, whereof through the Neighbourhood of Syria there was store. This honour by the Comman∣dement of Christ was alwaies deferd unto the Jews, that the Gospel should be first offerd unto them, least they being a querulous and repining Nation should complaine that they were despised; thus travelled these Apostles through the whole Island, till they came unto Paphos, a City con∣secrated unto Venus upon the Western Coast of Cyprus. Here they found a certain Magician called Bar-Jesus, that is the Son of Jesus a Jew, both by Nation and Reli∣gion,

under which colour he falsely pretended unto the gift of Prophesie. This Man followed the Court of Ser∣gius Paulus Pro-Consul or Governor of the Island for the Romans, otherwise a prudent Man; but this sort of Ver∣mine insinuateth it self into the Best to choose that so their corruption may do the greater and more compendi∣ous mischief unto Mankind. The Proconsul nevertheless having understood the Gospel to be planting throughout Cyprus, not only forbore to stop the Ears of others, but by sending for Baruabas and Paul seem'd desirous to open his own. Wherefore Bar-Jesus endeavouring to resist the growth of the Word, as an enemy to Christ, and resisting the Truth with falsehood, a strife arose between the true Prophets, and a false One, (for such is the interpretation of the Syriack word Elymas,) whom Paul at the length confuted of spiritual blindness, by taking away the Eyes of his body miraculously strucken in the presence of the Pro-Consul, who at the same time receiving the Light of the Gospel, imbraced the Christian Faith This being done at Paphos, Paul embarqued there with his Associates for the lesser Asia, and came unto Perga, being a City of Pamphylia; here John whose Surname was Mark left them, and returned unto Jerusalem, while they when they had visited Pamphylia travelled unto Antiochia, a City of Pisidia, where having entred a Synagogue, they sat af∣ter the usual manner with the rest ••tentive unto the Law and the Prophets; whereof when the parts appointed were read, and no Man stood up, the Rulers of the Synagogue perceiving that the strangers by their habit were Jews, and such as by their aspect promised more than ordinary, sent unto them, desiring that if they had any word of Ex∣hortation for the people, they would speak. Whereupon Paul standing up preached unto them Christ; whence came the word of Lord to be divulged throughout that Region, albeit the Jews out of Envy to the Gentiles

stirring up the devoutest of the Matrons (an Art not un∣known in these times) and by them the chief of the City raised 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 unto Iconi∣um a City of Lycaonia. When they were come unto Ico∣nium,* 1.2 entring with the Jews after the custome into the Synagogue, they preached as they had done at Antioch, the Gospel of Jesus Christ, and with such efficacy, that Mul∣titudes both of the Jews▪ and Greeks believed; here again the Envy of the Jews became the Author of Sedition, by which means the City was divided into two parts or fa∣ctions, whereof One stood for the unbelieving Jews, and the other for the Apostles. At length when such of the Gentiles as were joyned with the Jews, and the Rulers of the City made an assault upon the Apostles, to offer vio∣lence, and stone them; they being aware of it, fled to Ly∣stra (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 listened unto Paul, with great attention and Zeal, was miraculously cured by the Apostle; when the People seeing what Paul had done, cryed out, the Gods were descended in the likeness of Men: a perswasion that might gain the more easily upon the minds of the Lycaonians for the fable of Jupiter and Mercury, said to have descended in humane shape, and been entertained by Lycaon, from whom the Lycaonians received their Name. Wherefore they called Barnabas for the gravity of his aspect, Jupiter, Paul for his Elo∣quence, Mercury, and the Priest of Jupiter, who dwelt in the Suburbs, brought Bulls and Garlands unto the Gates of the House, where the Apostles were, to have offered Sacri∣fice with the people, which the Apostles abhorring, vigo∣rously disswaded. In the mean time certain Jews by Na∣tion that were unbelievers coming from Antioch of Pisi∣dia,

and Iconium, drew the people unto the other ex∣tream, who from sacrificing unto the Apostles fell on sto∣ning them; a work which was brought so near unto an end, that Paul being drawn by them out of the City was left for dead, though he soon after recovered; and went thence with Barnabas unto Derbe; when they had propaga∣ted the Gospel there also, they returned unto Lystra, Ico∣nium and Antiochia, confirming the Disciples whom they had converted. Now because the propagation of the Go∣spel required that the Apostles should be moving through divers Nations, They chirotonizing them Elders in every Congregation, or Church, that is, ordaining them El∣ders by the votes of the people in every City, left them to perform the duties of the absent Apostles, and when they had fasted and prayed, commended them unto the Lord. These things being brought to a conclusion, or finished 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 al∣ready believed till they came to Perga: where having or∣dered their affairs, they proceeded to Attalia, being a Maritimate City of Pamphylia, and from thence they sai∣led back unto Antioch of Syria, whence first they set out with Commission from the Elders to preach the Gospel unto the Gentiles, and where by the Chirothesia or Im∣position of Hands, Prayer, and Fasting, they had been re∣commended to the grace of God, and designed unto the work now finished.

In this Narrative you have mention both of the Chirotonia and of the Chirothesia, or Imposition of Hands, but of the for∣mer 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, unto an occasional and tem∣porary Imployment, that had been ordained before, for so sure had Paul at least; howsoever, that which is offered by* 1.3

this Narrative unto present consideration, is no more than the bare story.

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 S••sse) being the second time con∣quered by the Romans; It was consulted in the Senate what* 1.4 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

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

Baeotians by Land wasted Attica, C••crops the Prince, to bring the people under shelter, planted them in twelve Cities, (Cecropia,* 1.5 Tetrapolis, Epacrea, Decelea, Eleusis, Aphydna, Thoricus, Brauron, Cytherus, Sphettus, C••phissia, 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

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,* 1.6 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.

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* 1.7 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 Ari••barzanes was chosen, whose Line again in the Third Generation coming to

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

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

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.

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,

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

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

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

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 La••dicea, at Ap••mea five, at Sinnadae three, at Pilomelis five, at Iconium ten, then which Jurisdiction or Government there is nothing more

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.

CHAP. III. The deduction of the Chirotonia from Popular Government, and of the Original Right of Ordination from the Chirotonia. In which is contained the institution of the Sanhedrin, or Senate of Israel by Moses, and of that of Rome by Romulus.

DIvines generally in their way of Disputing have a byass that runs more upon words, than upon things; so that in this place it will be necessary to give the interpretation of some other words, whereof they pretend to take a strong hold in their Controversies; the chief of these hath been spo∣ken to already, Chirotonia being a word that properly sig∣nifies the suffrage of the people, wherever it is properly used, implies power; wherefore though the Senate decree by suffrage as well as the people, yet there being no more in a Decree of the Senate than Authority, the Senate is never said to Chiro∣tonize, or very seldom and improperly, this word being pe∣culiar unto the people: and thus much is imply'd in what went before.

The next word in controversie is Psephisma, which signifies a Decree or Law, and this alwayes implying power, alwayes implyes the suffrage of the people, that is, where it is spoken of popular Government; for though a Psephisma or decree of the Athenian Senate was a Law for a year before it came to the suffrage or Chirotonia of the people, yet the Law, or con∣stitution of Solon whereby the Senate had this power, original∣ly derived from the Chir••tonia of the people.

The third word (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) signifies to constitute, or or∣dain, this in the political sense of the same implyeth not pow∣er, but authority; for a man that writeth or proposeth a De∣cree or form of Government, may be said (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to pro∣pose or constitute it, whether it be confirmed by the Chiroto∣nia of the people or not; nay with Hal••carn••ssaeus the word

signifies no more than barely to call or assemble the Senate; 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

Now if these words be sometimes otherwise taken, what words be there in any language that are not often used im∣properly? but that understood politically, they must of ne∣cessity 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 whereof they are spoken by the best Authors.

And because the words (though the things they signifie were much more antient) derive all from Athens, I shall be∣gin by this constitution to shew the proper use of them. Chirotonia in Athens as hath been shewn out of Suidas, (who speaking of Rome relates to this) was Election of Magistrates, or Enacting of Laws by the suffrage of the people, which be∣cause they gave by holding up their hands, came thence to be called Chirotonia, which signifieth holding up of Hands. The Legislative Assembly, or Representative of the people called the Nomothetae, upon occasion of repealing an old Law, and Enacting a new one, gave the Chirotonia of the people, And yet saith the Athenian Law (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Let the Proedrigive or make* 5.2 the Chirotonia unto either Law. The Proedri as was shown in the former book were the ten Presidents of the Prytans, which Prytans upon this occasion were Presidents of the Nomothetae. Again, whereas it was the undoubted right and practice of the people to Elect their Magistrates by their Chirotonia, (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉)* 5.3 it is nevertheless shewn by Pollux to have been the peculiar Office of the Thesmothetae (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to Chirotonize the Mágistrates. For as the Proedri were presi∣dents of the people in their Legislative capacity, so were the* 5.4 Thesmothetae upon occasion of Elections: thus the Chirotonia of the Proedri, or of the Thesmothetae signifies nothing else but the Chirotonia of the people, by which they Enacted all their Laws, and elected all their Civil or Ecclesiastical Magi∣strates, or Priests, as the Rex Sacrificus, and the Orgeones, except some by the lot, which ordination as is observ'd

by Aristoile is equally popular. This whether ignorantly or wilfully unregarded, hath been as will be seen hereafter the cause of great absurdity, for who seeth not that to put the Chirotonia, or soveraign power of Athens upon the Proedri or the Thesmothetae, is to make such a thing of that Government, as can no wise be understood.

What the people had past by their Chirotonia, was called Psephisma, an Act or Law. And because in the Nomothetae there were alwayes two Laws put together unto the Vote, that is to say, the Old one, and that which was offered in the room of it, they that were for the old Law were said (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to pronounce in the Negative; and they that were for the new (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to pronounce for the Af∣firmative.

These Laws, these Propositions, or this frame of Government having been proposed first by Solon, and then ratified or esta∣blished by the Chirotonia of the Athenian people: Aristotle saith of him (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) that he instituted or constituted the popular Government with constitution, implyeth not any power in Solon, who absolutely refused to be a King, and therefore the word (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) as to him im∣plies no more than authority. I have shewed you the words in controversie, and the things together in the Mint; Now whether they that as to Athens introduced them both, under∣stood either; I leave my Reader by comparing them to judge.

It is true that the things expressed by these words have been in some Common-wealths more, in others less antient than the Greek Language, but this hindreth not the Greeks to ap∣ply the words unto the like constitutions or things, wherever they find them, as by following Halicarnassaeus I shall exem∣plifie* 5.5 in Rome.

(〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Romulus when he had distributed the people into Tribes, and into parishes proceeded to ordain the Senate; in this manner the Tribes were three, and the parishes Thirty; out of every Tribe he elected three Senators, and out of every pa∣rish three more, all by the suffrage of the people; These therefore came to ninety nine chosen by the Chirotonia, unto which he added one more, not chosen by the Chirotonia, but by himself only; Which Election we may therefore 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 unto the matter in hand, the Magistrate thus chosen by Romulus was (praefectus urbi,) the Protector of the Common-wealth, 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, (though some of them not so antiently) for the Pontifex maximus, the Rex Sacrificus, and the Flamines were all ordained by the Suf∣frage of the people, (Pontifex Tributis, Rex centuri••••tis, Flami∣nes Curiatis) the latter of which being no more than Parish Priests, had no other Ordination than by their Parishes. All the Laws, and all the Magistrates in Rome, even the Kings themselves were according unto the orders of this Common∣wealth to be created by the Chirotonia of the people, which nevertheless is by Appian sometimes called (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) The Chirotonia of the Tribunes whether that these Magi∣strates were Presidents of the Assemblies of the people, or Elected by them. Sic Romani historici non 〈◊◊〉〈◊◊〉 untur* 5.6 con••ulem qui comitia habuerit creasse ••••vos Magistratu, non aliam ob causam nisi quia suffragia receperit & populum mode∣ratus est in eligendo.

What passed the Chirotonia of the people, by the Greeks is called Psephisma, (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉* 5.7 when the Congregation of the people was to be dismissed, Marcus standing up, said, your Psephisma, that is, your Act is exceeding good, &c.

This policy, for the greater part, is that, which Romulus (as was shewn) is said (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to have instituted, or ordai∣ned, though 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 con∣troversie, (Chirotonia, 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, Psephisma) still applyed in the same sense, and to the same things. Have I not also discovered 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 asit was

in the Church of the Jews from the Religion, or rather super∣stition 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 Or∣dination in the Church or Common-wealth of Christ, as well a political thing as it was in the Churches, or Common-wealths 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 per∣formed by the Chirotonia in the one, as in the other?

That Moses introduced the Chirotonia, is expresly said by* 5.8 Philo; though he oppose it to the ballot, in which I believe he is mistaken, as not seeing that the ballot including the suf∣frage of the people, by that means came as properly under the denomination of the Chirotonia, as the suffrage of the Roman people, which though it were given by the Tablet, is so called by Greek Authors. All ordination of Magistrates, as of the Senators, or Elders of the Sanhedrin, of the Judges, or Elders of inferior Courts, of the Judge, or Suffes of Israel, of the King, of the Priests, of the Levites, whether with the ballot, or viva voce, was performed by the Chirotonia, or suffrage of the people; In this (especially if you admit the authority of the Jewish Lawyers, and Divines called the Talmudists) the Scripture will be clear, but their Names are hard; Where∣fore not to make my Discourse more rough then I need, I shall here set them together; The Authors or writings I use by way of paraphrase upon the Scripture are the Gemara Ba∣bylonia, Midhar Rabba, Sepher Si••••ri, Sepher Tanchuma, Solomon Jarchius, Chiskuny, Abar••inel, Ajin Israel, Pesiktha Zoertha, these and many more being for the Election of the Sanhedrin by the ballot. I might have spoken them more brief∣ly, for the truth is in all that is Talmudical, I am assisted by Selden Grotius, and their quotations out of the Rabbis, ha∣ving in this learning so little skil, that if I miscalled none of them, I shewed you a good part of my acquaintance with them.

Nor am I wedded unto Grotius or Selden, whom some∣times I follow, and sometimes I leave, making use of their learning, but of my own reason. As to the things in this present controversie, they were no other in Athens and Rome

than they had been in the Common-wealth of Israel.

When Moses came to institute the Senate, he asked coun∣sel* 5.9 of God. And the Lord said, Gather unto me seventy men of the Elders of Israel, and Moses went out and told the people the words of the Lord: that is, proposed the Dictate of the supream Legislator unto the Chirotonia of the Congregation, what else can we make of these words of Moses to the peo∣ple?* 5.10 Take ye wise men, and understanding, and known among your Tribes (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and I will constitute them Rulers over you. Now how the people could otherwise take or chuse these Rulers or Magistrates thus proposed, than by their Chiro oxia, let Divines—shew or notwithstanding the constitution of Moses, both the Senate of Israel, and the inferior Courts were decreed by the Chiroto∣nia of the people. For the people upon this proposition resol∣ved in the affirmative, or answered, and said, the thing which thou hast spoken is good for us to do. This then was the Pse∣phisma, or decree of the people of Israel, whereupon saith Moses (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) I constituted or ordained them Gover∣nors. 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 Common-wealth, whence it is admirable in our Divines, who will have 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 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 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 or constitution of the Legislator, & the Chirotonia, or suffrage of the people, or else say that the Common-wealth of Israel was instituted by the power of the Legislator, and the authority of the people, then w^ch there is nothing more absurd. But the peo∣ple staid not upon their first Psephisma, or result that the thing was good for them to do, but did accordingly. The manner of their proceeding at different times was somewhat different; for it was sometimes viva voce, sometimes by the lot, without the suffrage, and sometimes by the ballot, w^ch consisted not of the lot only, but of the suffrage. Also each of these are equally popular, (for neither of them giveth any advantage unto any person or party) but not equally prudent wayes of proceed∣ing; the lot committing too much unto For tune, except in some kinds of businesses, as first in the division of Lands, whence the suffrage was properly excluded, for the civisions

being made by three Deputies out of each Tribe, if there happe∣ned to fall some advantage or disadvantage unto any man by the lot, it was equal or impartial; whereas if it had fallen by the suffrage, it must have bin unequal, or partial: such was the cause why the lot in the division of the land of Canaan was used w^thout the suffrage. In case of a crime committed by an unknown Author, but among many of whom some one or more must have been guilty, as in the cases of Achan and Jonathan; the lot was also used without the suffrage, somewhat after the manner of decimation in an Army, when many that are guilty throw the dice, and he on whom the lot falls is punished; yet with considerable difference, for whereas decimation is not used but for punishment where the persons are as well known as the guilt; this use of the lot in Israel was for the discovery of the unknown Author of some known crime, that some one of many being put to the question (who if ei∣ther by his own confession, or other proof he were found guilty, was punished accordingly, otherwise not,) Men might have less encouragement that their crimes would be the more hidden, or less punishable for company, or the shadow of it.

When the people were set upon the introduction of a new Magistracy, and cared not at all who should be the man, as in the Election of Saul, at which time the Philistines lay hard upon them, and they looked upon the Ease they hoped from a King, without coveting the trouble which he was like to have; it seemeth unto me; that there was a third use of the lot without the suffrage.

But that the common use of the Lot in Israel implyed al∣so the suffrage, and was of the nature of the ballot at this day in Venice is little to be doubted, or you may satisfie your self, when you have considered the manner how the Se∣nate or Sanhedrin was first elected (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) or consti∣tuted by Moses.

Upon the Psephisma, or decree of the Legislator and the people, the thing which thou hast spoken is good for us to do, they proceeded unto Election of Competitors in this manner. Each of the twelve Tribes (to be hereafter as well locally, as they were yet but geneologically divided) were to make the Election, not excluding the Thirteenth, nor yet nominally taking it in; for Levi though genealogically, as distinct a

Tribe as any of them, yet was not designed locally so to be but to have the right of promiscuous inhabiting, cohabiting, or marriage with all or any of the rest, and with right of suf∣frage accordingly; For this cause, the Tribes being thirteen, are reckoned but twelve. So each of the twelve Tribes elected among themselves by their suffrages, six wise men, and un∣derstanding, and known among them, which being Elected, were written, and being written were delivered each in a se∣verall scroll unto Moses. Moses having received all the scrolls, had seventy two Competitors, which caused a fraction; for the Senate, as is plain by the Text, (gather me seventy men, that they may stand with thee,) was to consist but of seventy with Moses, that is, in all, of seventy one: So Moses having two Competitors more than he needed, caused two Ʋrnes to be brought, into one of which he cast the seventy two Competi∣tors, or names written in the scrolls; and into the other se∣venty two scrolls of which two were blanks, and seventy were inscribed with the word Presbyter, this being done, the whole Congregation pray'd, and when they had prayed, gave forth their lots.

The Lots were given forth after this manner, first a Lot was drawn out of the Ʋrne of the Magistracies, then another out of the Ʋrne of the Competitors; The Competitor unto whose name a blank was drawn departed: but he unto whose name a prize was drawn, or given forth became a Magi∣strate.

They who had thus gained Magistracy were 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 by this Psephisma decreed to be together of the num∣ber of the seventy Elders. But whereas in the Ʋrne of Magi∣stracies there were two blanks, two that had been written* 5.11 Competitors must of necessity have failed of Magistracy. So Eldad and Medad being of them that were written Competitors* 5.12 by the Tribes, yet went not up unto the Tabernacle; that is, at∣tained not to be (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) numbred among the seventy, who were to sit in the Court of the Tabernacle, as afterwards they did in the pavement, or stone-chamber in the Court of the Temple.

In this place I shall mind you but once more of the three words in controversie. Moses the Legislator (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) con∣stituted, the people chirotonized; and that which they

had chirotonized, was Psephisma, their Decree.

There be in these times that are coifed with such opinions, that to shew Scripture to be reason, is to make it loose weight with them, and to talk of the Talmudists is to prophane it; of these I shall desire no more than to know how they under∣stand that place of Eldad and Medad, for if they can no o∣therwise make sense of it, than as I have done, it is a suffici∣ent proof, (letting the Talmudists go) of all that I have said. What therefore hath the Hierarchy, and the Presbytery for their opinion that the Sanhedrin was instituted by the Chiro∣thesia, or Imposition of Hands?

There is in the Old Testament no mention of laying on of Hands by way of Ordination, or election, but only by Moses in the designation of Joshua for his Successor; and in this Moses did first as Romulus afterwards in the Election of the Praefect or Protector of Rome; but upon a far greater exi∣gence, for the Common-wealth of Rome, when Romulus did the like; was seated or planted, but the Common-wealth of Israel when Moses did this, was neither seated nor planted, nor indeed a Common-wealth, but an Army designed to be a Common-wealth. Now between the Government that is necessary unto an Army, and that which is necessary to a Common-wealth, there is a vast difference. The Govern∣ment even of the Armies of Rome, when she was a Common∣wealth, was nevertheless Monarchical: in this regard Moses himself exercised a kind of Dictatorian Power for his life, and the Common-wealth being not yet planted, nor having any ballance whereupon to weigh her self, must either have been left at his death unto the care of some man, whom he knew best able to lay her foundation, or unto extream hazard; wherefore this Ordination which was but accidental, regard∣ing the present Military condition of the people, Moses most prudently distinguisheth from the other; in that he shew'd them how they should manage their Common-wealth, in this he bequeaths them the man whom he thinks the most likely to bring them to be a Common-wealth; of which judgement and undertaking of Moses, Joshua the next illu∣strious Example, most worthily acquitted himself.

There is in these Elections another remarkable passage, but such a one as being so far from political, that it is supernatu∣ral,

doth not properly appertain unto this discourse, and so I shall but point at it. When the Elders, thus chosen, were set round about the Tabernacle, the Lord came down in a cloud,* 5.13 and took of the spirit of Moses, and gave it unto the seventy El∣ders, and it came to pass, that when the Spirit rested upon them, they prophecied, and did not cease. So Joshua was full of the spi∣rit of wisdom, for Moses had laid his hands upon him. And* 5.14 Paul mindeth Timothy, Stir up the gift of God which is in thee* 5.15 by the laying on of my hands. But the Talmudists themselves do not pretend that their Ordination was farther accompani∣ed with supernatural indowments than the first institution; and if Divines were as ingenuous, no less might be acknow∣ledged of theirs: Moses was a Prophet, the like unto whom hath not been in Israel, and hath there been an Apostle like Paul in the Christian Church? Every body cannot do mira∣cles, we see they cannot. Take heed how you deny sense, for then bread may be flesh. If we be not to make choice of a political institution without a miraculous test or recom∣mendation; either Ordination was at first accompanied with supernatural gifts, and from thenceforth (as I conceive) nei∣ther. Divines me thinks as such should not be so much con∣cern'd in the Ordination of the Sanhedrin, or of Joshua, who were Magistrates, as the people or the Magistrate, yet if these should hence infer that their Election, Ordination, or designation of persons conferred supernatural gifts, Divines would hardly allow of it; & why are the people, or the Magi∣strate obliged to allow more unto that of a Clergy? To return.

Such as I have shewn was the Ordination of the Senate, or great Sanhedrin, that of the lesser Sanhedrin, or inferior Conrts, was of like nature, for it follows; I took the chief of your Tribes, wise-men and known (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and made them Heads over you, Captains of thousands, and Captains of hun∣dreds,* 5.16 &c. which were other Magistrates than according unto our custome, we should readily expect to be intimated by such words, for they were the Judges of the inferior Courts, those that sat in the gates of each City, and others that apper∣tained unto the Villages, as in the next Verse: and I charged your Judges at that time, saying, hear the Causes, and judge* 5.17 righteously.

The next Magistrate whose Election comes to be conside∣red

is the Dictator, or Judge of Israel. Where it is said of this people, that the Lord raised them up Judges, which delivered* 5.18 them out of the hands of those that spoiled them, it is to be un∣derstood (saith Sigonius) that God put it into the mind of the people to elect such Magistrates, or Captains over them. For* 5.19 example when the children of Ammon made war against Isra∣rael, God raised up Jephtha, whose Election was after this manner: the Elders went to fetch Jephtha out of the Land of* 5.20 Tob, and when they had brought him unto Mizpeh (which in those dayes was the place (where 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) the Congre∣gation of Israel usually assembled) the people made him Head and Captain over them. Now that the Election of the King was as much in the Chirotonia of the people, as that of the* 5.21 Judge is past all controversie, seeing the Law speaking of the people sayes thus. One from among thy brethren shalt thou set King over thee: and accordingly when the Government was changed to Monarchy, it was not Samuel, but the people that would have it so; thus Saul was chosen King by the Lot. Where the contradiction of Grotius is remarkable, who in this place to shew that the Lot is of popular institution, quotes* 5.22 Aristotle; and yet when he comes to speak of the Lots that were cast at the Election of Mathias, says it was that it might appear not whom the multitude, but whom God had ordained; as* 5.23 if the Magistrate lawfully elected by the people, were not E∣lected by God; or that the lot which thus falleth into the lap were not at the disposing of the Lord. But if the League by which the people received David into the throne, or the Votes by which first the people of Jerusalem, and afterwards the Congregation of Israel (as was shewn in the former Book) made Solomon King, were of the Lord, then Election by the people was of the Lord, and the Magistrate that was elected by the Chirotonia of the people, was elected by the Chirotonia of God, for as the Congregation of Israel is called* 5.24 in Scripture (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) the Ecclesia or Congregation of God; so the Chirotonia of this Congregation is called by Josephus (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) the Chirotonia of God, who as I no∣ted* 5.25 before out of Capellus, was in this Common-Wealth Poli∣tical King, or Civil Legislator (Sans comparison) as Solon in Athens, and Romulus in Rome; that is to propose unto the people, (Haec est lex quam Moses proposuit,) and whatever was

proposed by God, or the lawful Magistrate under him, and chirotonized or voted by the people was Law in Israel, and no other. Nay and the people had not only power to re∣ject any Law that was thus proposed, but to repeal any Law that was thus Enacted: for if God intending popular Go∣vernment should have ordained it, otherwise he must have contradicted himself, wherefore he plainly acknow∣ledgeth unto them this power, where (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) they rejected him (whom they had formerly chiro∣tonized,* 5.26 or chosen King) that he should not reign over them: and elected Saul. This if God had withstood by his power, he must have introduced that kind of Monarchy which he had declared against, wherefore he chose rather to abandon this sottish and ingrateful people unto the most inextricable yoke of deserved slavery, telling them, when he had warn'd them, and they would not hear him, that they should cry unto him, and he would not hear them, one tittle of whose words passed not unfulfill'd.

By this time I have shewn that all the Civil Magistrates in Israel were chosen by the Chirotonia of the People, or to follow Josephus by the Chirotonia of God, which is all one; for the Chirotonia of the President of the Congregation, as I have instanced in that of the Proedri of the Thesmothetae of the Consuls, of the Tribunes, and the Chirotonia of the Con∣gregation is the same thing; and of the Congregation of Is∣rael God (except onely at the voting of a King) was Presi∣dent.

To come then from the Civil Magistrates unto the Priests, and Levites, these were chosen in two wayes, either by the lot, or by the Chirotonia.

The office and dignity of the High Priest being the great∣est in Israel, and by the institution to be hereditory, caused great Disputes in the Election: to this Moses by the command of God had designed Aaron his Brother, which designation, the command of God being at first either not so obvious, as that relation, or the ambition of others so blind that they could not, or would not see it, caused great combustion. First through the conspiracy of Korah, Dathan, and Abiram; and next by the murmuring of the Princes of the Tribes, all Emulous of this honour. Korah being not onely a great

man, but of the Tribe of Levi, could not see why he was not* 5.27 as worthy of the Priesthood, consideration had of his Tribe as Aaron; and if any other Tribe might pretend to it, Dathan and Abiram being descended from Reuben were not only of the Elder House, but troubled to see a younger preferr'd be∣fore them Wherefore these having gained unto their party three hundred of the most powerful men of the Congregati∣on, accused Moses of affecting Tyranny, and doing those things which threatned the liberty of the Common-wealth; as under pretense of Divination to blind the eyes of the peo∣ple, preferring his Brother unto the Priesthood (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) without the suffrage of the Congregation: of which charge Moses acquitting him∣self in the Congregation, tells the people that Aaron was cho∣sen both by God, and (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) by their suffrages, which (Korah being upon this occasion miraculously destroy'd) were thereupon once more given by the people. Nevertheless the Princes of the Tribes continu∣ing still discontented, and full of murmur, God decided the controversie by a second miracle, the budding of Aarons rod: (and so 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) being thrice confirmed by the Chirotonia of God, he was confirmed in that honour. Now that the Chirotonia of God in this place of Iosephus signifies the Chirotonia of the people, is plain by that in Scripture, where they made Solomon King,* 5.28 and Zadock to be Priest. After the captivity, as in other things, so in this power the Sanhedrin came (as I conceive) to over-reach the people: Joshua the Son of Josedech being thus elected High Priest by the Sanhedrim, and this honour* 5.29 thenceforth as appears by Maymonides being at the disposing of this Court. Nor could any inferior Priest serve at the Al∣tar, except he had acquired that right by the lot, as is not only delivered by the same Author, and by Josephus but in Scripture. Now the lot as was shewn giving no preroga∣tive either unto any person or party is as popular an institu∣tion as the Chirotonia. So in election of Priests, the Orders of Israel differed not from humane prudence, nor those of o∣ther Common-wealths, the Priest of Iupiter having been ele∣cted after the same manner in the Common-wealth of Syracu∣sa, the Augustales, and the Vestals in that of Rome; and if

the right of bearing holy Magistracy, being in Israel confined unto one Tribe or order, may seem to make any difference, it was for some time no otherwise in Athens, nor in Rome, where the Patritians or Nobility assumed these Offices, or the greatest of them to themselves, till the people in those Cities disputed that custome, as introduced without their consent, which the people of Israel could not fairly do, because it was introduced by their consent.

To come unto the Levites in their Original Ordination, God commanded Moses saying, Thou shalt bring the Levites before the* 5.30 Tabernacle of the Congregation & thou shalt gather the whole as∣sembly of the children of Israel, and they shall put their hands upon the Levites. This in the sound of the words may seem to imply the Chirothesia, or Imposition of Hands, but take heed of that, Divines will not allow the Chirothesia to be an Act of the people, but in this proceeding the whole people acted in the Ordination of the Levites, wherefore the Levites also were ordained by the Chirotonia, consent, vote, or suffrage of the whole people implyed in this action. But for the Ordination of Priests and Levites, whatever it were, it is not unto the present purpose; Divines deriving not theirs from Priests and Levites, but from Dukes, Generals, and Magi∣strates, from that of Joshua and of the Sanhedrin, alwaies provided, that this were of the same nature with the former, that is, hy the Chirothesia, or Imposition of Hands, and not by the Chirotonia of the People. However the Ordinati∣on of the Magistracy was certainly Political; and so in this* 5.31 deduction they themselves confess that their Ordination also* 5.32 is a Political Constitution: yet whereas Moses is commanded by God to bring Aaron and his sons unto the door of the Ta∣bernacle of the Congregation, and having washed them there, to adorn them with the Priestly Robes, with the Mitre, and to annoint them: whereas he is commanded (the Children of Israel having first laid their Hands upon the Levites) to cleanse them, and offer them for an Offering; Divines of the Hierarchy and the Presbytery (though it be otherwise with Wallaeus, and such as acknowledge Popular Govern∣ment) give the Congregation, or consent of the People for nothing, and put the whole Ordination of the Priests and Levites upon the washing and cleansing or other Ceremonies

of their Consecration: as if to put the Ordination of Saul up on the Ceremony of annointing by Samuel, (though performed by the immediate command of God, were not absolutely con∣tradictory to Scripture, and unto the known Law of Israel, which speaking of the people, expresly saith, One from among* 5.33 thy Brethren shalt thou set King over thee; upon which place saith Philo, Most wise Moses never intended that the royal dig∣nity should be acquired by lot, but chose rather that the Kings should be elected by the Chirotonia, or suffrage of the whole peo∣ple; the Congregations of the people assembled, upon this as upon other publick affairs, required a signe or confirmation from God: for as much as by his will man is to the rest of nature, as the face unto the body. Whereunto agrees that of the Heathens, Os homini sublime dedit Coelumque tueri jussit, and their divinati∣ons upon the like occasions by entrails, none of which were ever understood as destructive of the liberty of the people, or of the freedom of their Chirotonia.

Where Solomon is made King, and Zadock Priest by the people, albeit the ceremony of anointing was doubtlesly per∣formed, and perhaps by the Prophet Nathan, it is wholly o∣mitted in the place as not worth the speaking of. The opini∣on that the Ordination of the Priests and Levites lay in the Ceremonies of their consecration, is every whit as sober and agreeable unto reason, as if a man should hold the Kings of England to have been made by the unction of the Bishops, Isra∣el from the institution of Moses to the Monarchy, was a De∣mocracy, or popular Government; in popular Government the consent of the people is the power of the people, and both the Priests and Levites were ordained by the consent of the people of Israel.

To bring these things unto the Cities in the perambulation of the Apostles, which by the former Chapter I have proved to have been popular Governments; it is acknowledged by Grotius unto the Cities of Asia, not only that they used the* 5.34 Chirotonia, but in the strictest sense of the word, that is, to give their suffrage by the holding up of Hands, & that they had the liberty of their Religion, the choice of their Magi∣strates, both Civil and Ecclesiastical in their Ecclesiae, or Congregations, hath been also undeniably evidenced; whence it must needs follow that there were Cities in Asia (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉

〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Chirotonizing or or∣daining them-Elders, that is, Magistrates and Priests in eve∣ry Congregation (with Reverence be it spoken) long before Christ was in the flesh, or the Apostles any of them were born. Wherefore to sum up what in this Chapter I conceive to be sufficiently proved, I may boldly conclude, that the Chiroto∣nia deriveth from popular constitution, and that there was a way of Ordination by the Chirotonia.

CHAP. IV. The deduction of the Chirothesia from Monar∣chical or Aristocratical Government, and of the second way of Ordination from the Chirothesia. In which is contained the Common-wealth of the Iews as it stood after the Capti∣vity.

WHat pleaseth the Prince (saith Justinian) hath the force of a Law, seeing the people in his Creation have devolved their whole power upon his person? w^ch is w^ch the most? But when Popular Government is changed into Monarchi∣cal, either the whole power of the people, or a great▪ part of it must of necessity accrue unto the King. Hence saith Sa∣muel, he will appoint him Captains over Thousands, and Cap∣tains over Fifties: in which words perhaps is intimated the Judges of the inserior Courts, or Jethonian prefectures; so* 5.35 that hereby Samuel tells the people they shall no more have the Election of their Rulers, but the King will have it: who it may be changed the nature of some of these Magistracies, or added others, for when David came to reign over all Israel,* 5.36 Joab was over the host (his Strategus or General) Jehoshaphat was Recorder, Zadoc and Abi••elec were the Priests, Seraiah was the Scribe, and Benaiah was over the Pelethites, and the Cerethites; that is, was Captain of his Regiments of Guard, called perhaps by these names, as those of Romulus were called

Celeres. But it should seem that few or none of these Offi∣cers were elected by the Chirotonia, that is by the people, but by the Prince, which kind of Election as will be shewn a∣non may be called Chirothesia. For the deduction of this kind of Ordination, or Election, we shall do well to hearken first unto Doctor Hammond; who in his Quaere, or Discourse* 5.37 concerning Ordination, by the Imposition of Hands, puts it thus. To lift up the Hands was a Ceremony in Prayer, and* 5.38 accordingly to lay hands on any, (differing no otherwise from lifting up, than by the determining that action to a peculiar object, (the person that was prayed for) was generally among the Iews, a Ceremony of benediction used first by the Father to the Children; in bestowing the blessing upon them, (and with that the succession to some part of his Estate or Inheritance) as appears in Iacobs blessing the Children of Ioseph: he stretched out his* 5.39 right hand and laid it upon Ephraims head, and so his left hand on Manasses, and so he blessed, &c. From thence it was accomodated among them to the communicating of any part of power to others as assistants, or to the deriving of any successive Office from one to another. Thus when Moses had from Heaven received, and long used his Commission to be under God the Ruler of the People, the seventy Elders were by Gods appoint∣ment* 5.40 assumed to assist him: it being certain from the Iewish wri∣tings, though the sacred Scripture have no occasion to mention it, that the succession of the seventy Elders under the name of San••edrim o Council was continued through all Ages by their creating others in the place of those that dyed, by this Ceremony of Imposition of Hands. To this purpose are the clear words of Maimonides, Moses our master created the seventy Elders* 5.41 by Imposition of Hands, and the Divine Majesty rested on them; and those Elders imposed Hands on others, and others on others, &c. So a little before the departure of Moses out of his life, when a Successor was to be provided for him, God com∣mands him to take Joshua, and lay his hands upon him. And* 5.42 Moses laid his Hands upon him, and gave him a Charge as the Lord commanded by the hand of Moses: that is, derived unto him by this Ceremony the Authority which himself had, and constituted him his Successor in that Government. And so it is* 5.43 repeated Joshua was full of the spirit of wisdom, for Moses had laid his Hands upon him.

This is the Doctors deduction of the Chirothesia, or ordi∣nation by the Laying on of Hands from the Common-wealth of Israel: and (saith he) from the three Ʋses of this Ceremony there, that is first in praying for another, secondly, in paternall benediction; thirdly in creating successors in power, either in whole, or in part, derive three sorts of things in the New Testa∣ment, to which this Ceremony of Laying on of Hands is accomo∣dated; that of prayer simply taken was of two sorts, either for the cure of Diseases, or pardoning of sins. For Diseases: They* 5.44 shall lay hands on the sick, and they shall recover. For sins▪ they were done away also by this Ceremony in the absolution of Penitents, to which belongs that Exhortation of Paul to Timo∣thy, Lay Hands suddenly on no man, (that is) not without due* 5.45 examination and proof of his penitence, least thou be partaker of other mens sins. From the second, that of Paternal bene∣diction, was borrowed, first that of blessing Infants, with the Ce∣remony of Imposition of Hands, as it differ'd from Baptisme. And secondly, that of confirming those of fuller age, that had been for∣merly* 5.46 Baptized. Lastly to create Successors in any power, or communicating any part of power to others, as to Assistants, is answerable that Imposition of Hands in Ordination so often mentioned in the New Testament, sometimes in the lower degree,* 5.47 as in the ordaining of Deacons. Elsewhere in the highest degree, setting Governors over particular Churches, as generally when by that laying on of Hands, it is said they received the Holy Ghost, whereas the Holy Ghost contains all the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 re∣quired to the pastoral function, and so signifies power from on* 5.48 high; the Authority and function it self; so it being given by Imposition of Hands▪ makes the parallel exact be∣tween this of Christian Ordination, and that observed in the Creating Successors in the Jewish Sanhedrin. So far the Doctor.

Now say I if the Scripture be silent as to the Ordination of* 5.49 the Elders in Israel: what meaneth that place: Take the wise men, and understanding, and known among your Tribes, and I will make them Rulers over you; once in their lives let them give us the sense of it, or of that other, where Eldad and Me∣dad are of those that were written, and yet went not up unto the Tabernacle: Otherwise that we hear no more of these, is from the silence of Divines, and not of the Scripture. But if

the Scripture be not silent in this point, is there not a great deal of fancy in going on to cure the sick, to pardon sins, to bless Infants, confirm the Baptized, ordain Ministers, nay, give the Holy Ghost, and all the graces belonging unto the pa∣storal Function, from a place that hath no such thing in it? for if the Sanhedrim according to Scripture were not ordain∣ed by the Chirothesia, there is no such thing to be derived by the Chirothesia from the Sanhedrim. The first Chirotonia indeed of the Sanhedrim was accompanied with miraculous indowments, wherefore if they will derive these gifts and graces from the Sanhedrim, why are they sworn enemies to the Chirotonia? Again the Sanhedrim was a Civil Court or Senate, wherefore then by this title should not these gifts and graces be rather pretended unto by the Civil Magistrate, than by Divines? what becomes of the Priest Aaron and his Lots? is he left unto the Civil Magistrate, while Divines de∣rive themselves from General Ioshua and his Chirothesia? But if the Sanhedrim and inferior Judicatories were otherwise or∣dained originally; then no Magistrate in Israel was origi∣nally ordained by the Chirothesia but only Ioshua. It is ad∣mirable that Divines should look upon God, as if in the in∣stitution of a Common-wealth he had no regard at all unto humane prudence; but were altogether fix'd upon their vain advantages. Who made humane prudence? or to what end was it made? Any man that understands the politicks, and considers that God was now proceeding according unto this art, as in his constitution of the Senate, and of the people, or Congregation is most obvious, must needs see that this power he indulged unto Moses of making his own choice of one man could not possibly be intended, as a permanent constitu∣tion, for whereas he intended Popular Government, nothing is plainer then that a people not electing their own Magi∣strates can have no popular Government. How absurd is it to conceive that God having already made an express Law that the people if at any time they came under Monarchy, should yet have the election of their King, should now make a Law that the people being under a Common-wealth, should no longer have the election of their Magistrates? for who seeth not that to introduce the Chirothesia as a standing Ordi∣nance, had been to bar the people of this power? Israel at

this time, though designed for a Common-wealth, had no Land, no foundation to ballance her self upon, but was an Army in a Wilderness, encompassed about with enemies; to permit unto the people in this case, the choice of all their ci∣vil Magistrates was nevertheless safe enough, nay best of all, for at the election of wise men, and understanding, and known among their Tribes, so far as was needful unto civil admini∣stration, their skil must needs have been at any time suffici∣ent, but the Common-wealth was yet in absolute necessity of a Protector, and of Dictarian power. Now to know who was fittest in this case to succeed Moses, required the wisdom of God, or of Moses, and therefore was not yet safe to be ventur'd upon a people so new in their Government. For these reasons I say Moses used the Chirothesia for once, and no more, or let them shew me among all the Dictators, Iudg∣es, or Kings, that succeeded Ioshua, any one that was chosen by the Chirothesia, and be all Dictators. It is now above three thousand years since the institution of the Sanhedrim, from which time the ambitious Elders first, then the Talmudists, and of latter ages Divines have been perpetually striving for, or possessing themselves of this same Oligarchycal invention of the Chirothesia pretended to be derived from Moses; though there be neither any such precept of God or Christ in the Old or New Testament, nor any unanimous result upon the point, either by the Talmudists or Divines themselves. And for the clear words quoted by the Doctor out of Maimoni∣des, they are such unto which I shall in due time shew Mai∣monides to be elsewhere of a clear contrary opinion. But in this Controversie, without some clearer deduction of the Chirothesia, we shall make no happy progress, in this there∣fore I shall follow Selden the ablest Talmudist of our age, or any.

The Common-wealth of Lacedemon (if I could stand to shew it) hath strange resemblances to that of Israel, not only in the Agragrian, which is nothing to the present purpose, but in the Senate, which to prevent catching another time, I do not say was a Iudicatory only, but not only a Senate, but a Iudicatory also. For Lycurgus of all other Legislators was in this the likest unto God, or unto Moses, that his work was so exquisitely perfected at once, and his Laws so comprehensive,

that if the Senate had had no other function than to make or propose new Laws, there being little or nothing of that want∣ing, they would have had little or nothing to do. Now it being thus, and much more than thus in Israel, the Sanhedrim was not only the Senate, but the supream Iudicatory. And because one Court in a Territory of any Extent is no where sufficient unto this end; therefore the Sanhedrim had divers branches distended not only unto the Cities of Iudea, but e∣ven unto the Villages, these were called the Lesser Sanhedrim, or the Iethronian Praefectures.

The Great Sanhedrim consisting (as hath been shewn) of 70.* 5.50 Elders, sat first in the Tabernacle, and afterwards in the Court of the Temple.

The Iethronian Praefectures consisted some of three and twenty Elders, and others but of three. Of the former kind there were two in the gates of the Temple, and one sitting in the gates of every City, of the latter there was one almost in every Village.

The power of the I••thronian Court consisting of twenty three Elders, was in matter of Iudicature, equall with that of the great Sanhedrin, onely in cases of difficulty they observed this precept. If there arise a matter too hard for thee in judge∣ment* 5.51 between blood and blood, between plea and plea, between stroke and stroke, being matter of controversie within thy gates; then shalt thou arise, and get thee up into the place which the Lord thy God shall choose (in the future, for the Common-wealth was yet but designed, not planted) and thou shalt come unto the Priests and the Levites, and unto the Iudge that shall be in those dayes, and enquire, and they shall shew thee the sentence of judgement. That is, thou shalt consult the Sanhedrim, or if there be no Sanhedrim, the Suffes or Iudge of Israel. The rea∣son why the Sanhedrim in this Text is mentioned under the name of the Priests and Levites is, that these about the begin∣ning of this Common-wealth having (as were also the Egyp∣tian Priests at the same time) been the learnedst Men, whe∣ther for Lawyers, or Physitians, there were scarce any other chosen into the Sanhedrim, though towards the latter end it happened to be far otherwise. For whereas sacrificing was feasting▪ the Priests enjoying a f••••idl••ness, became in latter times so heavy, that as to the Election of the Sanhedrim

not only the Levites of inferior rank were upon the matter wholly laid by, but the High Priest himself sometimes omit∣ted, the rest of the Tribes far excelling this in Learning.

The power of the Triumvirates, or three Iudges in the Villages extended no farther than to inflict stripes to a certain number, and pecuniary mulcts to a certain sum. These possibly had the same recourse upon occasion of difficulty unto the Iudges in the gates, as the Iudges in the gates had to the Sanhedrim: but their power is not so much to the pre∣sent purpose which regards onely their manner of Election. This having been institutively exercised, as hath been shewn by the Chirotonia, or Ballot of the People, came sooner or la∣ter, (I find no man that can resolve npon the certain time) to the Chirothesia. For though when a Iudge in the gate, was dead, that Court elected his Successor out of their Disciples, (each Court in the gates had 99 Disciples that were their constant auditors) or out of the Triumvirates; and when an Elder of the Sanhedrim dyed, the Sanhedrim elected his Succes∣sor out of the Courts in the gates, more particularly those in the gates of the Temple by suffrages; yet no man was capable of being elected into any of these Courts, that was not a Presbyter, nor was any man a Presbyter that had not recei∣ved* 5.52 the Chirothesia: nor could any man confer the Chirothe∣sia that had not first received it, or been so ordained a Presby∣ter himself: nor though he were so ordained, could he confer the like Ordination, but in the presence of two others, whether ordain'd or not ordain'd: and no Ordination could be con∣ferr'd but either this way, or by some one of the Iudicatories.* 5.53 The manner how this Ordination was conferr'd, if the party were present, was either by laying on of Hands, or by saying a Verse or Charme, or if he were absent, by a Letter, or Pa∣tent.

An Elder thus Ordained was called Rabbi, might have Di∣sciples,* 5.54 teach, practice, or expound the Law, declare what was thereby free or forbidden (which with them was called bind∣ing and loosing) ordain others with the assistance mentioned, or be capable of Election into some one, or any Court of Ju∣stice, according to the nature of his Ordination, the Conditions mentioned at the conferring of the same, or the gift that was in him by the laying on of the hands of the Presby∣tery,

which in some extended no farther than to shew how meat should be kill'd and dress'd, how uncleanness should be purified, what were vices of the body, what might be eaten or drunk, and what not? in others it extended to some one or more, or all the facultys expressed; but I am inclining to believe that a plenary Ordination, used not to be conferr'd but by the Great Sanhedrim, or at least some one of the Ie∣thronian Courts.

They used also to confer this Ordination some time occasi∣onally, and for a season in this manner. Receive the gift of* 5.55 judiciary Ordination, or the right of binding and loosing, til such time as you return unto us in the City. Where the Christian Jews still following their former Customes in higher matters, as the observation of the Sabbath, and of Circumcision, even unto such a degree, that Paul not to displease them took Ti∣mothy and circumcised him, seem unto me to have followed this custom, who when the Prophets at Antioch had informed them that Paul and Barnabas were to be separated unto an extraordinary work, laid their hands upon them, and sent them* 5.56 away: for otherwise as to Ordination Paul and Barnabas had that before; At least Paul by Ananias, and for any such* 5.57 precept in the Christian Religion there was none.

Iosephus, Philo, and other Authors, that tell us the Com∣mon-wealth of Israel was an Aristocracy, look no farther than the introduction of the Chirothesia by the Presbyterian party, which must have taken date some time after the Captivity, or the restitution of the Common-wealth by Ezra, there heing not one sillable for it in Scripture, but enough to the contra∣ry, seeing God introduced the Chirotonia. By which it is demonstrable that a Presbyterian party may bring a Popular Government unto Oligarchy; aud deface even the work of God himself, so that it shall not be known to afer-ages; as also that Ecclesiastical Writers (for such are the Talmudists) may pretend that for many hundred years together, as Divines al∣so have done, to be in Scripture, which neither is, nor ever was there. But have I yet said enough to shew that Ordi∣nation especially as in this Example, not of a Clergy, but of a Magistracy, whether by the Chirotonia, or Chirothesia is a political institution? or must I rack my brains for Arguments to prove that an Order or a Law having such influence upon

the Common-wealth, that being introduced or Repealed, it quite alters the whole frame of the Government, must needs be of a Political nature, and therefore not appertain unto Divines, or unto a Clergy, but unto the Magistrate, unless their traditions may be of force to alter the Government as they please? all is one, they can abate nothing of it, let what will come of the Government, the Chirothesia they must and will have. Then let them have Monarchy too, or Tyran∣ny, for one of these according as the ballance happeneth to stand with or against their Chirothesia is the certain conse∣quence; either Tyranny as in Israel▪ or Monarchy as in the Papacy, and from that or the like principle, in all Gothick Empires, which examples to begin with Israel, well de∣serve the paines to be somewhat more diligently unfold∣ed.

All Elections in Israel, (save those of the Priests who were Eligible by the Lot) being thus usurped by the Presby∣terian party, and the people by that means devested of their Chirotonia; some three hundred years before Christ, Hillel Senior High Priest, and Archon, or Prince of the Sanhedrim found means to draw this power of Ordination, in shew somewhat otherwise, but in effect unto himself, and his Chi∣rothesia, for by his influence upon the Sanhedrim it was* 5.58 brought to pass, that whereas formerly any man Ordain'd, might (in the manner shewn) have ordained his Disciples; it was now agreed that no man should be ordained without the License of the Prince, and that this power should not be in tbe Prince, but in the presence of the Father of the Sanhedrim, or Speaker of the House. Thus the Aristocracy of Israel be∣coming first Oligarchical took (according unto the nature of all such Governments) long steps towards Monarchy, which succeeding in the Asmonean Family, commonly called the Machabees, was for their great merit (in vindicating the Jews from the Tyranny of Antiochus) confirmed unto them by the universal consent and Chirotonia of the people. Neverthe∣less unto him that understands the orders of a Common∣wealth, or hath read the Athenian, Lacedemonian, or Roman Story, it will be plain enough that but for their Aristocracy they needed not to have been so much beholding unto, or to have stood so much in need of one Family. It is true both

the merit of these Princes, and the manner of their free Ele∣ction by the people; seem to forbid the Name of Tyranny un∣to this institution. But so it is, that let there be never so much merit in the man, or inclination of the people to the Prince, or the Government that is not founded upon the due ballance, the Prince in that case must either govern in the nature of a Common-wealth, as did those of this Family, reforming the policy after the Lacedemonian Modell, or turn Tyrant, as from their time, who lived in the Age of the Gre∣cian Monarchy did all their Successors, till under the Romans this Nation became a Province. From which time such en∣deavours and insurrections they used for the recovery of their antient policy, that under the Emperor Adrian, (who perceived at what their Ordination, being not of Priests, but of Magistrates, and of a Senate, pretending unto Soveraign Judicature and Authority seem'd to aim) there came (saith the Talmud) against the Israelites an Edict out of the King∣dom of the wicked (meaning the Roman Empire) whereby who∣soever should ordain, or be ordain'd, was to be put to death, and the school or City in which such an act should be done, to be destroyed; whereupon Rabbi Jehuda Ben Baba (least Ordination should fail in Israel) went forth, and standing between two great moun∣tains, and two great Cities, and between two Sabbath days jour∣neys from Osa and Sephara, Ordained five Presbyters. For this feat the Rabbi is remember'd by the Talmudists under the name of Ordinator; but the same (as it follows) being disco∣vered by the Roman Guards, They shot his body through with so many Darts, as made it like a sieve, yet staid not the busi∣ness here, but so obstinate continued the Jew in the supersti∣tion unto which this kind of Ordination was now grown, that whereas by the same it was unlawful for them to Ordain in a forraign Land, and at home they could not be brought to ab∣stain, the Emperor banished them all out of their own Coun∣try, whence happened their total dispersion. That of a thing, which at the first was a meer delusion, such Religion should come in time, and with education to be made that not onely they who had received advantage could suffer Martyrdome, but they that had lost by it, would be utterly lost for it, were admirable in the case of this people, if it were not common in the case of most in the world at this day: custom may bring

that to be received as an Ordinance of God, for which there is no colour in Scripture. For to consult Maimonides a lit∣tle better upon this point. Whereas (saith he) they grant in* 5.59 case it should happen that in all the Holy Land there remained but one Presbyter, that Presbyter assisted by two other Israelites, might ordain the seventy, or great Sanhedrim, and the Sanhe∣drim so constituted might constitute and ordain the lesser Courts, I am of opinion that were there no Presbyter in the Land, yet if all the wise-men of Israel should agree to constitute or ordain Judges, they might do it lawfully enough. But if so, then how comes it to pass that our Ancestors have been so solicitous, least Judicature should fail in Israel? Surely for no other cause than that from the time of the Captivity the Israelites were so disper∣sed that they could not upon like occasions be brought together. Now I appeal whether the clear words of Maimonides, where he saith that out Master Moses ordained the Sanhedrim by the Chirothesia, be not more clearly and strongly contradicted in this place, than they are affirmed in the other, since acknow∣ledging that if the people could assemble, they might Ordain the Sanhedrim; he gives it for granted, that when they did assemble, they had power to Ordain it, and that Moses did assemble them upon this occasion is plain in Scripture. Again if the power of Ordination fall ultimately unto the People, there is not a stronger argument in Nature, that it thence primarily derived. To conclude the Chirothesia of the Pres∣byterian party in Israel is thus confessed by the Author no otherwise necessaty, than through the defect of the Chirotonia of the People: which ingenuity of the Talmudist, for any thing that hath yet past, might be worthy the imitation of Divines.

In tracking the Jews from the restitution of their Common∣wealth after the Captivity to their dispersion, it seemeth that the later Monarchy in Israel was occasioned by the Oligarchy, the Oligarchy by the Aristocracy, and the Aristocracy by the Chirothesia. But that this Monarchy, though erected by Magnanimous and Popular Princes, could be no less than Ty∣ranny deriv'd from another principle, that is, the insufficien∣cy of the ballance. For albeit from the time of the Captivity, the Jubilee was no more in use, yet the Virgin Mary as an Heiress, is affirmed by some to have been Married unto Io∣seph,

by vertue of this Law, Every Daughter that possesseth an* 5.60 inheritance in any Tribe of the Children of Israel, shall be Wife unto one of the Family of the Tribe of her Fathers, &c. By which the popular Agrarian may be more than suspected to have been of greater vigour than would admit of a well bal∣lanced Monarchy.

The second Presbytery, which is now attained unto a well ballanced Empire in the Papacy, hath infinitely excelled the patern, the Lands of Italy being most of them in the Church. This if I had leisure might be tracked by the very same steps: at first it consisted of the seventy Parish Priests, or Presbyters of Rome; now seventy Cardinals creating unto themselves an High Priest, or Prince of their Sanhedrim, the Pope, but for the Superstition whereunto he hath brought Religion, and continues by his Chirothesia to hold it, a great and a Reve∣rend Monarch, established upon a solid foundation, and go∣verning by an Exquisite policy, not only well ballanced at home, but deeply rooted in the greatest Monarchies of Chri∣stendom, where the Clergy by vertue of their Lands are one of the three States.

The maxims of Rome are profound, for there is no making use of Princes without being necessary unto them; nor have they any regard unto that Religion which doth not regard Empire. All Monarchies of the Golthick model, that is to say, where the Clergy by vertue of their Lands are a third estate, subsist by the Pope, whose Religon creating a reve∣rence in the people, and bearing an awe upon the Prince, pre∣serveth the Clergy, that else being unarmed, become a cer∣tain prey unto the King or the people; and where this hap∣peneth (as in Henry the Eighth) down goes the Throne, for so much as the Clergy looseth, falls out of the Monarchical into the Popular scale. Where a Clergy is a third estate, Popular Government wants earth and can never grow: but where they dye at the root a Prince may sit a while, but is not safe; nor is it in nature (except he have a Nobility or Gentry able without a Clergy to give ballance unto the peo∣ple) that he should subsist long, or peaceably: For where∣ever a Government is founded upon an Army (as in the Kings of Israel, or the Emperours of Rome) there the saddest Tragedies under heaven are either one the stage, or in the

Tiring-house. These things considered, the Chirothesia be∣ing originally nothing else but a way of Policy excluding the people, where it attaineth not unto a ballance that is suffi∣cient for this purpose, bringeth forth Oligarchy or Tyran∣ny, as among the Jews: And where it attaineth unto a ballance sufficent unto this end, produceth Monarchy as in the Papacy and in all Gothick Kingdomes.

The Priests of Aegypt, where (as it is described by Sicu∣lus) their revenue came unto the third part of the Realm, would, no question, have been exactly well fitted with the Chirothesia pretended unto by modern Divines. Suppose the Apostles had planted the Christian Religion in those parts. and the Priests had been all converted, I do not think that Divines will say that having altered their Religion they needed to have deserted their being a third estate; their o∣verballance to the people, their lands, their preheminece in the Government, or any part of thir Policy for that: and I am as far from saying so as themselves.

On the other side, as Paul was a Citizen of Rome, let us suppose him to have been a Citizen of Athens, and about (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to constitute the Christian Religion in this Gommon-wealth where any Citizen might speak un∣to the people. Imagine then he should have said thus. Men of Athens, that which you ignorantly seek, I bring unto you the true Religion, but to receive this, you must not alter your for∣mer belief only but your ancient Customes; your political Assem∣blies have been hitherto called, Ecclesiae, this word must loose the ancient sense, and be no more understood but of spiritual Con∣sistories, and so whereas it hath been of a popular, it must henceforth be of an Aristocratical, or Presbyterian significati∣on. For your Christonia that also must follow the same rule insomuch as on whomsoever, one or more of the Aristocracy or Presbytery shall lay their hands, the same is understood by vertue of that Action to be Chirotonized. How well would this have sounded in Aegypt, and how ill in Athens? Cer∣cainly the Policy of the Church of Christ admits of more pru∣dence and temperament in these things, though the Apostles being Jews themselves, satisfied the converted Jews that were used to Aristocrrcy by retaining somewhat of their constitu∣tions, as the Chirothesia yet when Paul and Barnabas come

to constitute in Popular Common-wealths: they are (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Chirotoni∣zing them Elders in every Congregation.

CHAP. V. Whether the Chirotonia mentinoned in the fourteenth of the Acts be indeed as is pretended by Dr. Ha∣mond, Dr. Seaman and the Authors they fol∣low, the same with the Chirothesia or a far diffe∣rent thing; in which are contained the divers kindes of Churchgovernment, introduced and ex∣ercised in the age of the Apostles

EIther I have impettinently intruded upon the Politicks, or cannot be said so much to meddle in Church-matters, as Church-men may be said to have medled in States matters. For if the Chirotonia be election by the many, and the Chiro∣thesia be election by one, or by the Few, the whole difference between Popular and Monarchical Government falls upon these two words; And so the question will be, whether the Scriptures were intended more for the advantage of a Prince, of an Hierarchy or Presbytery, than of the People. But that God in the Old Testamentiinstituted the Chirotonia, not only in the Common-wealth as by the election of the Sanhedrim, but in the Monarchy as in the Election of the Kings is plain; so if there remain any advantage in Scripture unto Kings un∣to the Hierarchy, or Presbytery, it must be in the New Testa∣ment. Israel was Gods chosen people, and God was Israels chosen King; That God was pleased to bow the Heavens, and come down unto them, was his choice, not theirs; but in that upon his proposition, and those of his servant Moses, they resolved to Obey his voice, and keep his Covenant, they chose him their King. In like manner the Church is Christs chosen people, and Christ is the Churches chosen King. That

Christ taking flesh was pleased to bow the Heavens, and come down in a more familiar capacity of proposing himself unto Man-kind, was his own choice, not theirs; but in that the Church upon his proposition, or those of his Apostles sent by him, as he was sent by the Father, resolved to obey his voice, and keep his Covenant, she hath chosen him her King. Whatever in nature or in grace, in Church, or in State, is chosen by Man according unto the will of God, is chosen by God, of whom is both the Will and the Deed. Which things considered; I wonder at Doctor Hamond, who sayes:

Sure the Jewish and Heathen Cities, to whom the Gospel by* 5.61 Christs command was to be preached were not to choose their Guides or Teachers. Christ was not chosen by them to whom he preached, for saith he, ye have not chosen me, he came from Hea∣ven, sent by his Father on that Errand, and happy they whom he was thus pleased to choose, to call, and preach to. And when his Apostles after his example go and preach to all Nations, and actually gather Disciples, they chose their Auditors, and not their auditors them. To make short work, I shall answer by explaining his words as they fall.

A Roman choosing whether he would speak unto the Senate or the People, chose his Auditors, & not they him: Neverthe∣less if it were the Consul they chose him, & not he them. It is onething to be a Speaker unto a People, that have theliberty, when that is done, to do as they think fit, and another thing to be a guide whom the People have consented, or obliged themselves to follow, which distinction not regarded, makes the rest of his Argumentation recoyl upon himself, while he proceeds thus, and they that give up their Names to the obedience of the Gospel, (choose the Preachers as I should think of that Gospel their guides) One branch of this obedience obli∣geth them (by their own consent it seems, because before they gave up their Names) to observe those that (being thus placed over them by their consent) are placed over them by God, such not only are their Civil Magistrates (who succeed unto their places by, and govern according to the Laws which the people have chosen) but also their Pastors, whom the Holy Ghost either mediately (according to the Rules of Church-Discipline in Scripture) or immediately (upon some such mi∣raculous call, as the people shall judge to be no imposture)

hath set over them. From which words the Doctor not con∣sidering those qualifications, I have shewn all along to be naturally inherent in them, concludes that a Bishop is made by the Holy Ghost, and not by the people.

If he would stand to this yet it were something, for if the Holy Ghost make a Bishop, then I should think that the Ho∣ly Ghost ordain'd a Bishop, and so that the Election and Or∣dination of a Bishop were all one. But this hereafter will ap∣pear to be a more dangerous concession, than perhaps you may yet apprehend. Wherefore when all is done you will not find Divines, at least Doctor Hamond to grant that the Holy Ghost can ordain, he may elect indeed, and that is all, but there is no ordination without the Chirothesia of the Bi∣shops, or of the Presbytery. Take the Doctors word for it.

When St. Paul saith of the Bishops of Asia, that the Holy* 5.62 Ghost had set them Overseers, I suppose that it is to be under∣stood of their Election or nomination unto those dignities, for so Clement speaks of St. Iohn, who constituted Bishops of those that were signified by the Spirit, where the Spirits signification notes the Election or nomination of the persons, but the constituting them was the ordination of St. Iohn.

God may purpose as the Electors do to the great Council of Venice, but the power of the Council, that is to resolve or ordain is in the Bishop saith Doctor Hamond, and in the the Presbytery saith Doctor Seaman. Indeed that Election and Ordination be distinct things, is to Divines of so great importance, that loosing this hold they loose all For as I said before whatever is chosen by man according unto the Will of God, that is according unto Divine Law, whether natural or positive, the same whether in state or Church, is chosen by God, or by the Holy Ghost, of whom is both the will and the deed. To evade this, and keep all in their own hands, or Chirothesia, Divines have invented this distinction, that Election is one thing, and Ordination another. God may Elect, but they must constitute, that is, God may propose, but they must resolve. And yet Grotius who in these things is a great Champion for the Clergy, hath little* 5.63 more to say upon this point than this. Whether we consider ancient or modern times, we shall find the manner of Election ve∣ry different, not only in different Ages and Countries, but in different years of the same age, and places of the same Country;

so uncertain a thing is it to determine of, that which the Scrip∣ture hath left uncertain. And while men dispute not of right, but of convenience, it is wonderfull to see what probable Argu∣ments are brought on all sides. Give me Cyprian and his times, there is no danger in popular Election. Give me the Nicene Fathers, and let the Bishops take it willingly. Give me Theodo∣sius Valentinian, and Charls the Great, then Royal Election there is nothing safer. Upon the heels of these words treads Doctor* 5.64 Hamond in this manner. That Election and Ordination are se∣veral things, is sufficiently known unto every man that measures the nature of words either by usuage or Dictionaries; only for the convincing of such as think not themselves obliged to the observa∣tion of so vulgar Laws, I shall propose these evidences; In the story of the Creation of the Deacons of Jerusalem. There are* 5.65 two things distinctly set down, one proposed to the multitude of Disciples to be done by them: another reserved unto the Apo∣stles, that which was proposed unto the Multitude, was to elect, &c. Election of the persons was by the Apostles permitted to them, but still the (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) constituting is reserved to the Apostles. Then comes Doctor Seaman: Be it granted, as it* 5.66 is by Protestants generally, that Paul and Barnabas made Elders with the consent of the people, their consent is one thing, and their power another.

Where in the first place I for my particular (who have had the Books of Doctor Hamond, and Doctor Seaman, sent to me by way of Objection, need not go a step further. All that I have inserted in my Occana concerning Ordination, is in these three Votes acknowledged and confirmed. For the Probationer, to be there sent by an University unto a Cure that is vacant, may by a Doctor, or the Doctors of the same University already ordained, receive Imposition of Hands, if that be thought fit to be added, and then the Election of the same Probationer by the people does no hurt, nay saith* 5.67 Grotius, is of the right of nature; for it is naturally permitted unto every Congregation to procure those things which are ne∣cessary unto their conservation, of which number is the Applica∣tion of Function. So Merchants have the right of Electing of a Master of their Ship, Travellers of a Guide in their way, and a free people of their King. The Merchant it seems doth not make the Master of his Ship, the Traveller his Guide, nor

the free people their King, but elect them. As if Van Tromp had been Admiral, a Robber upon the High-way had been a Scout, or the guide of an Army, or Saul a King before they were elected. The point is very nice, which instead of pro∣ving, he illustrates in the beginning of the same Chapter by these three similitudes.

The first is this, the power of the Husband is from God, the Application of this power unto a certain person is from consent, by which nevertheless the right is not given, for if this were by con∣sent, the Matrimony might be dissolv'd by consent, which cannot be. As if an apparent retraction of Matrimonial consent, as when a Wife consents unto another than her own Husband, or committeth Adultery, did not deliver a man from the bond of Marriage by the Judgements of Christ. There is an imperfection or cruelty in those Laws, which make Marriage to last longer than a man in humanity may be judged to be an Husband, or a Woman a Wife; to think that Religion destroyes humanity, or to think that there is any defending of that by Religion which will not hold in Justice, or natural equity, is a vast error.

The second similitude is this; Imperial power is not in the Princes that are Electors of the Empire, wherefore it is not gi∣ven by them, but applyed by them unto a certain person.

This is answer'd by Peter, where he commandeth Obe∣dience* 5.68 unto every Ordinance of Man (or as some neerer the Original every power created by men) whether it be unto the Roman Emperour as Supreme, or unto the Pro-Consuls of Asia, and Phrygia, as sent by him (for this is the sense of the Greek, and thus it is interpreted by Grotius) now if the then Roman Emperour were a creature of man, why not the now Roman Emperour?

The last similitude runs thus: The power of life and death is not in the multitude, before they be a Common-wealth, for no private man hath the right of revenge, yet it is ap∣plyed by them unto some man or Political body of men. But if a man invade the life of another, that other whether un∣der Laws, or not under Laws, hath the right to defend his own life, even by taking away that (if there be no other probable remedy) of the invader. So that men are so far from having been void of the power of life and death before

they came under Laws, that Laws can never be so made as wholly to deprive them of it after they come under them; wherfore the power of life and death is derived by the Magi∣strate from, and conferred upon him by the consent or Chiro∣tonia of the people, whereof he is but a meer creature, that is to say an Ordinance of man.

Thus these candles being so far from lighting the house, that they die in the socket: Grotius hath been no less boun∣tiful than to grant us that the people have as much right, (where there is no humane creature or Law to the contra∣ry) to elect their Church-men, as Merchants have to elect their Sea-men, Travilers their guides, or a free▪ people their King; which is enough a conscience. Nor is Doctor Ha∣mond streighter handed, Election (says he) was permitted by the Apostles unto the multitude, and therefore the same may be allowed, alwaies provided that the (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) constituting be reserved unto the Pastors, or ordained Do∣ctors and Preachers: and Doctor Seaman upon condition that the people will not say that it was done by their power, but think it fair that it was done by their consent is also very well contented; So all stands straight with what I have heretofore proposed. Let no man then say what ever followe, that I drive any ends or interest, these being already fully obtained and granted, nevertheless for truth sake I can∣not leave this discourse imperfect. If a Politician should say that the Election and the Ordination of a Roman Council or Pontifex were not of like nature. That the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 contract of the Senate of Rome with the people in the Ele∣lection of Numa (ut cum populus regem jussisset, id sic ra∣tum* 5.69 esset, si patres authores fierent) included or implyed the Soveraign power to be in the Fathers. That the consent of this people was one thing and their power another: If I say he should affirm these or the like in Athens, Lacede∣mon, or any other Common-wealth, that is or hath been under the Sun, there would be nothing under the Sun more ridiculous than that Policitian. But should men pretending unto Government of any kinde be not obliged unto some consideration of these rules in nature and universal expe∣rience; yet I wonder how the word (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to consti∣tute with which they make such a flourish, did not lead

them, otherwise than they follow, this as it was said of So∣lon by Aristotle being that which I have already shewn to be used both in the Greek of the Scripture, for the consti∣tution of the Sanhedrim by Moses, and in other Authors for that of the Senate by Romulus, each of which was then elected by the people; whence it may appear plainly that this is no word as they pretend to exclude popular suffrage, but rather to imply it. And indeed that it is of no such nature, as necessarily to include power, could not have been over∣seen in the New Testament, but voluntarily where (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) they are signified by it that conducted* 5.70 Paul. But they have Miracles; such indeed as have nei∣ther words nor reason for them had need of Miracles. And where are these same Miracles? why the Apostles by the Chirothesia or laying on of hands conferd the Holy Ghost. So they did not onely when they used that Ceremony in re∣ference to ordination, but when they used it not in that re∣lation, as to those that were newly Baptised in Samaria,* 5.71 men, and women: now it is not probable, that these, who should seem to have been numerous, were all ordained, at lest the women; And so the Miracle is to be attributed unto the hands of the Apostles, and not unto ordination in general. Joshua was full of the Spirit, (not because he had been ordained by the Chirothesia, for so had many of them that Crucifyed Christ and persecuted the Apostles, but) because Moses had laid his hands upon him.

Would Divines be contended that we should argue thus; the Chirotonia or suffrage of the people of Israel at the first institution was followed with Miraculous indowments, there∣fore who ever is elected by the people shall have the like? Or what have they to shew why the Argument is more holding as to their Chirothesia, seeing for above one thousand years all the Hierarchy and Presbytery laid together have done no more Miracles than a Parish Clerk?

A continued Miracle, as that the Sea ebbs and flowes, the Sun alwaies runs his admirable course, is nature. Intermitted nature as that the waters of the red Sea were mountains, that the Sun stood still in the dial of Ahaz, is a Miracle. To continue the latter kinde of Miracle were to destroy the for∣mer, that is, to desolve nature. Wherefore this is a certain

rule that no continued external Act can be in the later sense Miraculous. Now Government whether in Church or State is equally a continued external Act. An internal con∣tinued Act may indeed be natural or supernatural as Faith.

A natural man being even in his own natural apprehension fearfully and wonderfully made, is by the continued Mira∣cle of nature convinced that the world had a creator, and so comes to beleeve in that which is supernatural; whence it is that all Nations have had some Religion: and a Spiritual man being convinced by the purity of Christs Doctrine, and the Miracles whereby it was first planted, is brought unto the Christian Faith. However Christ may require such con∣tinued Faith or Spiritual exercise of his Church as is super∣natural, he requireth not any such continued Act or bodily exercise of his Church as is supernatural. But the Govern∣ment of the Church is a continued Act or bodily exercise. It should be heeded that to delude the sense is not to do Mi∣racles, but to use imposture. Now to perswade us, That Mo∣narchical, Aristocratical, Popular, or mixt Government have not alwaies been in nature, or that there hath ever been any other in the Church were to delude sense; Wherefore give me leave (in which I am confident I shall use no manner of irreverence unto the Scripture, but on the contrary make the right use of it) to discourse upon Church-Government, according unto the rules of prudence.

The Gospel was intended by Christ to be preached unto all Nations, which (Princes and States being above all things exceeding tenacious of their power) is to me a certain Ar∣gument that the Policy of the Church must be so provided for, as not to give any of them just cause of Jealousy, there being nothing more likely to obstruct the growth of Religion, and truly the nearer I look unto the Scripture, the more I am confirmed in this opinion.

Christ being taken up into Heaven the first Ordination* 5.72 that we finde was that of the Apostle Matthias after this manner.

The Aristocracy of the Church, that is the Apostles as∣sembled the whole Congregation of Disciples or Beleevers at Jerusalem, being in number one hundred and twenty, where Peter (it having as it should seem been so agreed by the A∣postles)

was Proposer, who standing up in the midst of the Disciples acquainted them, that whereas Judas was gone unto his place, the occasion of their present meeting was to elect another Apostle in his room: whereupon proceeding unto the Suffrage, they appointed two Competitors, Ioseph and Matthias, whose names being written each in a several Scroll, were put into one Urne, and at the same time two other lotts whereof, one was a blank, and the other inscribed with the word Apostle were put into another Urne, which done they prayed and said, Thou Lord which knowest the hearts of all men, shew whether of these two thou hast chosen: The Prayer being ended they gave forth their lotts, and the lott fell upon Matthias (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) and by this Psephisma (the very Popular word, and not onely so, hut being applyed unto the ballot, in the very literal and Original signification) he was added unto the eleven Apostles. So you have the first way of Or∣dination in the Church after Christ was taken up into Hea∣ven performed by the Election or Chirotomia of the whole Church.

Now except any man can shew that Matthias ever recei∣ved the imposition of hands, these several things are already demonstrated. First, that the Chirotonia is not onely the more ancient way of Ordination in the Common-wealth of Israel, but in the Church of Christ. Secondly, that the Chirothesia or Imposition of Hands is no way necessary un∣to Ordination in the Christian Church. Thirdly, that the discipline of the Christian Church was primitively Popular (For to say that in regard of the Apostles it was Aristocrati∣cal, is to forget that there is no such thing, without a mix∣ture of Aristocracy, that is without the Senate, as a Popular Government in nature.) Fourthly, that Ordination in the Common-wealth of Oceana being exactly after this pattern, is exactly according unto the discipline of the Church of Christ. And fiftly, that Ordination and Election in this example are not two, but one and the same thing.

The last of these Propositions having been affirmed by Mr. Hobbs, Dr. Hamond tels him plainly, that his assertion is far from all truth: Let us therefore consider the Doctors* 5.73 Reasons, which are these; seeing the Congregation (saith he)

is affirmed by the Gentleman to have Ordained, and it is plain by the words of St. Luke, that God Elected, Election and Or∣dination by this Example, must be distinct things: which in another place going about to fortifie with this Argument, that it was done by Lottery, and Solomon saies, the Lot is at the disposing of the Lord, he utterly overthrows without and beyond help; for in this Solomon not denying, but rather affirming that he was chosen King by the People, plainly shewes that Election by the People is Election by God. Where it is affirmed, that God raised up Iudges in Israel, it is not denied that the People elected them. The Doctor is at it in Maimonides more than once, that the Devine Ma∣jesties rested upon such as were Ordained by Imposition of Hands. But whereas it is affirmed by Maimonides more of∣ten, that when the People (Ecclesia Dei) or Congregation of Israel assembled then the Divine Majesty, or the Holy Ghost rested upon them: Of this he never takes any notice: The People whether in Israel, Athens, Lacedemon, or Rome, ne∣ver assembled for Enacting of Laws or Election of Magi∣strates without sacrifice and imploring the assistance of God, to whom when their work was performed they alwaies at∣tributed the whole result or election; and would the Do∣ctor have Christians to allow him but a Piece? for whereas God Electing there had in the sense both of Jews and Hea∣thens, his choice of all, God electing here had in the sense of Divines, but his choice of two, which were next this or none, but that indeed, where he hath not the whole he hath none at all: Is that then far from all truth, which the Gentleman, or that which the Divine hath said, either in this part, or where he addeth, that the hundred and twen∣ty* 5.74 in the text are never mentioned but once, and then it is in a Parenthesis? I will but transcribe the place.

And in those daies Peter stood up in the middest of the Di∣sciples,* 5.75 and said, (the number of the Names together were a∣bout an hundred and twenty), &c. Are the Disciples in the Pa∣renthesis, or out of it? Are they but once mentioned, and that is in a Parenthesis? Or are they but once numbred, and that is in a Parenthesis? If a Gentleman should do thus, what would they say? Or, what were ill enough to be said? But to mend the text, and bring the Disciple into

the Parenthesis, they have more waies than one; whereas the Heathen People (while the Priests were willing) mixed these duties with devotions, Divines will not suffer a Chri∣stian People upon like occasions to pray, for where it is said, they prayed, it went before, they appointed two, and it fol∣lows, They gave out their lotts: which antecedent and consequent if the People prayed, must be equally understood of them, and so they could be no Parenthesis. Therefore pray they must not, or Divines are lost; But how will they silence them? To shew you this art I must transcribe the Heads of the Chapter.

The Apostles being returned from Mount Olivet unto Je∣rusalem,* 5.76 went up into an upper room, where abode both Peter and James, and Iohn, and Andrew, Iames the son of Alpheus, and Simon Zelotes, and Iudas the brother of Iames.

And in these daies Peter stood up in the mid est of the Di∣sciples,* 5.77 and said (the number of Names together were about one hundred and twenty)

Men and brethren.* 5.78

Of those men which accompanied with us all the time, that* 5.79 the Lord Iesus went in and out among us.

Must one be ordained to be Witness with us of his Resur∣rection.* 5.80

And they appointed two Ioseph and Matthias.* 5.81

And they prayed and said, Thou Lord which knowest the* 5.82 hearts of all men, shew whether of these two thou hast chosen.

And they gave forth their lots, and the lot fell upon Ma∣thias,* 5.83 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉.

They whom Peter acquainted that one must be Ordained, one would verily believe▪ were the hundred and twenty Di∣sciples, in the midst of whom he stood up, and made the Proposition, and so much the rather, because this was no more than the Apostles knew before: and (in all right un∣derstanding of Government and sense) were already a∣greed upon, it being the Office of the Aristocracy or Senate in a Common-wealth (and such exactly were the Apostles in the Church) upon all new Orders or Elections to be made; first, to debate and determine by themselves, and then to propose unto the Chirotonia or ultimate result of the People. But Divines say absolutely no, which word to

make good, They appointed two, and they prayed, and they gave forth their lots, being sentences that stand plainly toge∣ther, or hunt in couples, must leap sheere over nine ver∣ses, Peters whole Oration, (which by this means is no more than a Parenthesis neither) and over the hundred and twen∣ty Disciples; without touching an hair of their heads, to light plumbe upon the thirteenth verse, and the eleven A∣postles! Never man used his Grammer so since he threw it at a Pear tree! yet that Chrylostome (who understood Greek) allows of no such construction, is confessed by the* 5.84 learnedest of this opinion; and whereas they flye unto the Latine Fathers, that retreat is wholly cut off by David Blundell in his very learned Treatise of the right of the People in Church Government,

But what do we stand upon words? Are these such where∣of the things unto which they relate may be interpretors? Or unto what things can they relate but the Institution of the Sanhedrim by Moses? That at the Institution of the Sanhedrim the Competitors were Elected by the suffrage of the People, and from thence that the Ballot of Israel consi∣sted not onely of a Lot but of a Suffrage too, hath been al∣ready demonstrated out of Scripture; and that the Election of Mathias was by the Ballot of Israel is not less apparent in it self, than fully confessed upon the place by Groti∣us.

They that under colour of Religion, in matter of Go∣vernment* 5.85 slight prudence, are mistaken or do not mean honestly. Neither God nor Christ ever instituted any Po∣licy whatsoever, upon any other principles than those of Humane Prudence. The Embassadors sent from the Gi∣beonites to Ioshua, deliver their message in this manner, The Elders and all the Inhabitants of our Country spake unto us saying go meet them, and say unto them, We are your ser∣vants, Therefore now make you a League with us. They that had power to send Embassadors, and to make a League with a forraign Nation, had soveraign power, this soveraign power was in the Elders, or Senate, and in the People of Gibeon; wherefore God constituting his Common-wealth for the main Orders (that is to say the Senate & the people) upon the same Principles, on which

the Gibeonites had long before built theirs, laid his founda∣tions upon no other than humane prudence; so for the in∣feriour Courts they were transcribed by Moses ont of the Common-wealth of Midian, upon advice of Jethro his Fa∣ther in Law. According unto such patterns was Israel fra∣med, and by that of Israel this first Policy of the Church of Christ so exactly, as (sans comparison) any man shall shew the Common-wealth of Occana to have been transcribed out of Rome or Venice. Let them that would have the Go∣vernment be somewhat between earth and heaven consider this place.

Nor is Ecclesiasticall Policy onely subject unto humane Prudence, but unto the same vicissitudes also whereunto humane prudence is subject, both in her own nature and as she is obnoxious to the State wherein she is planted, and that inavoidably; as I come now to demonstrate by the Alterati∣ons which happened even in the Age of the Apostles them∣selves; for this at the Election of Mathias being altered, the next form of Ecclesiastical Policy introduced in their times, is resembled by Grotius unto that of Athens, of which, for the better clearing of what followes, it is necessary that I first say something by way of introduction.

The Thesmothetae, being in number six, were Magistrates of the highest dignity, power and rank in Athens. These* 5.86 saith Aristotle, were elected by the Chirotonia or suffrage of the people, and saith, Pollux being Elected underwent the inquisition of the Senate, where they were to answer to these Interrogatories, Whether they worshiped the god of their Coun∣tries? Whether they had been dutifull unto their Parents? born Arms for the Common-wealth? paid duties or taxes? In* 5.87 which particulars the Senate being satisfied, They were sworn and Crowned with Mirile: which comes to this, that the (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) or constitution being reserved unto the Senate, the Thesmothetae were Elected by the Chirotonia of the peo∣ple. Now though the Government of Athens through∣out the Cities of Asia (being most of them of the like Model) was most known, I will not say that the Apostles wrote their Orders out of Athens, but seeing all Political Institutions must needs be according to humane Prudence, and there is nothing to be written out of this but what will fall even with

some other Government that is or hath been, I may say as* 5.88 Grotius hath said hefore me) that the frame of Church-Go∣vernment in the ensuing example was after the manner of Athens.

When the number of the Disciples (or Believers) was mul∣tiplied,* 5.89 there arose a murmuring among such of the Jews as having beenbredin Alexandria or other parts, were for their Language (which was Greek) partly strangers, against the Hebrews or converted Jews, that spoke their own Lan∣guage, as if these indeed used them like strangers, their wi∣dowes being neglected, or not dealt so liberally withall as those of the Hebrewes in the Contributions due for their constant maintenance.

Hereupon the twelve Ayostles (after the manner of the Senate) having without all question debated the businesse a∣mong themselves, as appears by the speech upon which they were agreed, assembled the people (which is still Senatorian) or called the multitude of the Disciples unto them, and said, It is not reason that we should leave preaching, or the word of God, to be taken up with this, though charitable, nay, see∣ing we have introduced community of goods, most just and necessary imployment of providing food and cloathing for e∣very one of our fellowship or community (the Christians in these times, much after the manner of the Lacedemonian Convives used to eat in publick and together) to do this as it ought to be done, were to become Caterers, and be taken up in serving Tables. Wherefore brethren (take the wise men and understanding, and known among you) look out se∣v••nt Men of honest report full of the Holy Ghost, and of wisdom, (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) whom we may appoint over this businesse.

This saying, that is, this Proposition of the Senate or A∣postles pleased the whole multitude (like that of Moses, the thing which thou hast said is good for us to do) So they chose Ste∣phen, Philip, Prochorus, Nicanor, Timon, Permenas and Ni∣cholas, whom being Elected, they set before the Apostles, who when they had prayed, laid their hands upon them.

What fuller demonstration can be given of any thing, than that in this example, Ordination and Election are one and the same, and that this was conferred by the Chirotonia of the

People? If there be any possible way of making this clea∣rer, it must be by Opposition. Wherefore let us see what Divines have to say to the contrary.

Grotius gives all we ask from this place, which he gives for nothing, because it concerns not the Election of Pastors, but of Deacons. As if Stephen and Phillip had not onely been Preachers of the Gospel, but done Myracles. What Dr. Seaman denies or grants in relation unto the same, I have endeavoured to understand, but it will not do. Dr. Ham••nd is so plain, that his Objections may be of use. He to prove that the Ordination of these Deacons was not in the Chi∣rotonia of their Disciples; but in the Chirothesia of the Apo∣stles hath these Arguments.

There be two things distinctly set down Election permitted unto the poople (and the 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) constituting reserved unto the Apostles.

To which I answer, That there were two things set down by the Athenian Law, Election of the Thesmothetae by the People, and the (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) constituting of them by the Senate, yet that the Ordination was in the power, and that the power was in the people of Athens; he thar makes a doubt is not resolved whether the most popular Common-wealth that ever was▪ were a Democracy.

But saith he, this looking out of men (or chusing) was per∣mitted unto he multitude by the Apostles with these three bounds. First to take seven neither more nor fewer. Secondly, those men generally known and well reputed of. And thirdly, full of the Spirit and of discretion or parts fit for Government. To which I answer, that the Election of the Thesmothetae was permitted by the Law unto the people of Athens, with these three bounds, First to take six neither more nor fewer: Second∣ly, those generally known and reputed of. Thirdly in such estimation for their honesty and ability for Government as in their consciences (to which also they made Oath) they should judge fittest for the Common-wealth; yet is all this so far from any proof, that Athens was no Democracy, or that the Soveraign power, whether in Enacting of Laws, or election of Magistrates by the lott or the suffrage (instituti∣ons equally popular) was not in the people, that it amounts unto the strongest argument the people were Soveraigne, and

the Common-wealth was Democratical. Could truth desire greater advantage than redounds from such opposition? We have another example of the same modell, in which, because it hath been paraphrased upon already in the Introduction, I shall be briefer here. In the Church of Antioch where the* 5.90 Disciples were now become so numerous, that they began to be called Christians, there were among them Prophets, so being assembled upon occasion (as I conceive) of giving an extraordinary Commission after the manner of the people of Athens when they Elected Ambassadors, or (that I may avoid strife upon a point so indifferent) to choose two new Apo∣stles; The Holy Ghost said, Separate me Barnabas and Saul for the work wbereunto I have appointed them; that is, (for so it is rendred by all Interpretors) the Holy Ghost spake those words by the mouths of the Prophets. Now the Prophets being well known for such, this suffrage of theirs was no soo∣ner given than (as one that can allow Prophets to be leading men may easily think) followed by all the rest of the Con∣gregation: so the whole multitude having fasted and prayed, the most eminent among them, or the Senatorian order in that Church, laid their hands upon Paul and Barnabas, who being thus sent forth by the Holy Ghost, departed unto Se∣leucia.

To evade this apparent Election, or Chirotonia of the whole Congregation, whereby these Apostles or Embassa∣dors unto the Churches of the Gentiles were ordained; Di∣vines have nothing to say, but that they were elected by the Holy Ghost: as if the Chirotonia of the people were more exclusive unto Election by the Holy Ghost, than the Chiro∣thesia of the Aristocracy, for which in the mean time they contend: but if neither of these were indeed exclusive of the Holy Ghost, how is it possible, in this frame (where though of natural necessity an Aristocracy must have been included, yet the Aristocracy is not in the Text, so much as distinguisht from the people, or once named) that the power, and so the ordination should not have been in the people? The Council of the Apostles, of the Elders, and of the whole Church at Jerusalem, and other Councils, not of Apostles, nor of the whole Church in other times or places, used this form in their Acts, It seemeth good unto the Holy Ghost, and* 5.91

unto us: but doth this where a true, or where a pretended style exclude that act from being an Act of that whole Coun∣cil? or how comes it to pals that because Paul and Barnabas were separated by the Holy Ghost, they were not ordained by the Chirotonia of the whole Christian people at Antioch?

The Chirothesia can be no otherwise understood in nature, nor ever was in the Common-wealth of the Jews, than Electi∣on by the few: And so even under the meer Chirothesia, Or∣dination and Election were not two, but one and the same thing. If Moses ordain'd Joshua his Successor by the Chiro∣thesia, he Elected Ioshua his Successour by the Chiro∣thesia, and for what reason must it be otherwise with the Chirotonia? That a Pharisee could do more with one hand, or a pair of hands, than a Christian Church, or Congregation can do with all their hands, is a Doctrine very much for the honour of the true Religion, and a soveraign maxime of Ec∣clesiastical policy.

The third constitution of Church Government in Scrip∣ture* 5.92 (whether consisting of Bishops or Presbyters, between which at this time a man shall hardly find a difference) runs wholly upon the Aristocracy without mention of the people, and is therefore compared by Grotius unto the Sanhedrim of* 5.93 Israel, as that came to be in these dayes; from whence Di∣vines also generally and truly confess that it was taken up, to which I shall need to add no more than that it is an order for which there is no precept, either in the Old Testament of God, or in the New of Christ: This therefore thus taken up by the Apostles from the Jews, is a clear demonstration that the Government of the Church in what purity soever of the times, nay though under the inspection of the Apo∣stles themselves, hath been obnoxious unto that of the State wherein it was planted. The Sanhedrim from the institution of the Chirothesia for a constant Order, consisted of no other Senators than such only as had been ordain'd by the Impositi∣on of Hands, which came now to be conferred by the Prince in the presence, or with the assistance of the Sanhedrim; the same order was observed by the Jewish Synagogues, of* 5.94 which each had her archon: nor would the Jews conver∣ted unto the Christian Faith relinquish the Law of Moses, whereunto this way of Ordination, among other things,

though erroneously, was vulgarly attributed: whence in the Church, where it consisted of converted Jews, Ordination was conferred by the Archon, or first in order of the Presby∣tery with the assistance of the rest. Hence Paul, in one place, exhorts Timothy thus: Neglect not the gift that is in* 5.95 thee, which was given thee by Prophecy, with the laying on of the* 5.96 hands of the Presbytery. And in another thus: Wherefore I put thee in remembrance, that thou st••r up the gift of God which is in thee by the putting on of my hands.

I grant Divines, that Ordination by this time was wholly in the Presbytery, what say they then unto the di∣stinction of Ordination and Election? Are these still two distinct things, or may we hence, at least, compute them to be one and the same? If they say yes; Why then might they not have been so before? If they say no; Who in this place but the Presbytery elected? Why saies Doctor Ha∣mond,* 5.97 it is plain that the Spirit of Prophesie elected? But to give account of no more than is already performed, were the spirit of History rather than of Prophecy, to which it appertains to tell things before they be done, as did the Prophets now living in this Church, that Tim thy should come to be ordained, so the place is interpreted by Grotius, and how it should otherwise be understood I cannot see: But putting the case some Act preceded, as Saul and Da∣vid were elected Kings by Prophecy: Yet did ever man say that for this Soul or David were any whit the less elected Kings by the People? To the contrary in every well ordered Common-wealth (a jove principium) the disposing of the Lot and of the Suffrage too, hath universally been attribu∣ted unto God.

The Piety of Divines in perswading the People, that God* 5.98 elects for them, and therefore they need not trouble them∣selves to vote, is as if they should perswade them that God provides their daily bread, and therefore they need not trou∣ble themselves to work. To conclude this point with Do∣ctor Hamonds own words upon the same occasion; this di∣dinction of Ordination and Election is in Divines the procreative mistake, or ignorance producing all the* 5.99 rest.

The reason why Paul ordained now after this manner a∣mong

the Jews, is unto me an irrefragable Argument, that he ordained not after this manner among the Gentiles; for whereas the first ordination in the Christian Church, namely that of Matthias, was performed by the Chirotonia; which by degrees came now in complacence with the Jews unto the Chirothesia; it seems he was contented not to alter the worst of Political institutions or customes, where he found them confirm'd by long and universal practice; and if so, why should any man think that he would go about to alter or weed out the best, where they had taken like Root? That this administration of the Jews was of the very worst, is clear in the nature of the politicks, there being no example of a pure Aristocracy, or of a Senate, such as was now the Sanhedrim without a popular ballance that ever governed with Justice, or was of any continuance. Nor was the Chiroth sia, by which means this work came to effect in Israel, introduced by the prudence of God, but by the corrupt arts of men. Now that the Governments at the same time of the Gentiles, all ballanced by the Chirotonia of the people, were in their Nature more excellent, and indeed more accomodated unto antient prudence, as it was introduced by God himself in the Common-wealth of Israel, hath been already sufficiently proved; Nevertheless to refresh your memory with one ex∣ample more.

Crete having been (as is affirmed by the consent of Au∣thors) the most antient, and the most excellent Common-wealth in humane Story, was founded by Rhadamanthus and Minos, an age before the Trojan War; These were held to have learnt their arts by familiar discourse with Jupiter, and from point to point to have framed their modell, according unto his direction. Nor though all acknowledg Minos to have been a King, did he found his Government upon any other than a popular ballance, or a fundamental regard unto the Liberty of the people. For the whole Common-wealth* 5.100 was made up of these three parts, The Colledge, The Senate, and the People. The Colledge consisted of the Annual Magi∣strates called the Cosmi, these had the whole extentive power, s••me in leading forth the Armies, and others in judging the peo∣ple, which functions were accordingly assigned by the Orders un∣to each in particular; that which was common unto them all,

was to propose such things as they had debated or prepared in their Colledg or Council unto the Senate, The Senate being E∣lective for life, was the Council unto which appertained the Debate of what ever was to be proposed unto the Congregation. The Congregation or Assembly of the people of Crete had not the right of Debate, but in enacting of Laws, and election of Magi∣strates had the ultimate result of the Common-wealth, such was the copy after w^ch Lycurgus wrote himself so famous a Legi∣slator: And thus stood this frame unto the six hundred and eight year of Rome; when this people having been too favou∣rable unto Pyrates then infesting those Seas, turned the arms of the Romans upon themselves, and by these under the con∣duct of Quinctus Metellus, thence called Creticus, Crete was made a Province, though the chief Cities being first freed, it should seem (by Cicero's second Oration against Anthony) that the whole Island was at length restored unto her antient Liberty. However by the manner observed by the Romans (as was shewn) in Provincial Government, the Gities under their Magistrates (who while the Common-wealth was a Province, perhaps might have exercised the Office of the Cosmi) were not yet deprived of their popular Assemblies, at least in their distinct Cities, electing all Magistrates for their (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) peculiar or domestick Government; such was the state of Crete, when Paul having appealed from the Iews unto Casar; and being thereupon conducted by Sea towards Rome, touched in his way upon this Island, where he left Titus to constitute Elders in every City. The word (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Constitate our Divines will have to signifie Ordain by Im∣position of Hands, and Imposition of Hands fo signifie an Act of power, excluding the people. But why Paul, who among the Jews had complyed with their customes, should enjoyn, or how Titus had it been so enjoyned should accomplish this where the power was Popular, they have not shewn nor con∣sidered. To introduce Religion, or Government there be but two ways, that is to say, either by perswasion, or by force. To perswade the people of Crete, in whom was the power unto this new way of Ordination; Titus must have spoken to this effect, Men of Crete.

Minos being a King could not choose but have a natural in∣clination unto popular power, wherefore his pretence that Jupi∣ter

told him, Power was to be in the people, may be suspected to have been imagined meerly for his own ends; or this is a certain signe that Jupiter is no true, but a feigned god; seeing the true God will have it that the people should have no power at all; but that such upon whom his Embassadors shall confer power, be with∣out all dispute obeyed. How! are you starting at this! are you solicitous for your Common-wealth! it is true that upon carnall principles or humane prudence, without power in the people, there can be no Common-wealth: but Israel was a Common-wealth without power in the people ▪ Where Moses made all the Laws by the power invested in him by God, and created all the Magistrates, not by popular suffrage but by his Chirotonsia. Wherefore Men of Creet know ye that on whomsoever I lay my hands, the same is in all spiritual affairs or matter of Church-go∣vernment to be obeyed by you, after the sam manner that you have hitherto obeyed such Magistrates or Priests as have been ordained by your own Election, or Chirotonia. Of what other nature the Arguments of Titus to the pretended purpose could have been; I am not able to imagine; nor how this should have done less than provoke the people unto a dan∣gerous jealousie of such a Doctrine. But Divines to set all straight, think it enough to repeat the words of Paul to Ti∣tus in Greek. For this cause left I thee in Crete (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉)* 5.101 that thou shouldst ordain Elders in every City. It is true that Demosthenes speaketh somewhat* 5.102 like words concerning the expedition of Phillip, of Macedon, in Peloponesus (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) when he had ordained Tyrants in every City: but then Philip had an Army; what Army did Paul leave with Ti∣tus? or if he ordained his Elders neither of these two ways, I see no other than that only by the known and legal Chiroto∣nia or Suffrage of the people. But if this be clear the Clergy come from Crete, not upon the wings of Titus, but of Icarus, whose ambitious wax is dissolved by the Sun.

So much I conceive is now discovered concerning Church∣government, as may shew, that it was not of one, but of three kinds, each obnoxious unto the nature of the civil Go∣vernment under which it was planted, in as much as the Chi∣rotonia, or ballot of Israel being first introduced pure, and without any mixture, as at the Ordination of Mathias, came

aftewards to receive some mixture of the Chirothesia, as in the ordination of Stephen, and last of all by excluding the people to degenerate wholly into the Chirothesia of the Pres∣bytery, as in the ordination of Timothy; all this by the testi∣mony of Scripture, and in the purest times, even the age of the Apostles. Whence my undertaking to shew that as Christ intended his Doctrine should be preached unto all Na∣tions, so he intended his Discipline should be such as might sute with any Government, (as indeed if the choice of any of these three be lawful, it doth exactly) is I hope performed. For where the Government is popular, it is the same with the first, where it is Aristocratical or Monarchical, it agrees with the last, and where it is mixed, it is between both, and respon∣sible unto the second. Of these three in the further exercise of their natural and intended complyance with humane pru∣dence, it may be convenient to give some fuller Exemplifi∣cation.

That any other Ordination than that of the first kinde for the original Authority or practise of it whether in the Common-wealth of Israel or in the Church of Christ, and indeed for the prerogative of the same in nature should have been introduced by the Apostles, where it might, much less where the nature of the civil Policy would admit of no other, is neither propable by Scripture nor Reason; whence it is that in the Cities of Lyeaonia and Pisidia, the Government of these being then Popular, we do not find any mention at all of the Chirothesia, the Apostles in these places (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Chirotonizing Elders in every Congregation.

To evade this place, our Adversaries turn tails to the* 5.103 things, and make their whole flight at the words. In ta∣king one of them into the disputation, I shall take in all, for they run all upon the same quotations, or with little additi∣on.

That the word Chirotonizing, (saith Doctor Hamond) in this place signifies no more than Ordaining by the Imposition of Hands, is not so generally acknowledged by late Writers, but that it may be useful to give some few Testimonies out of those Wtiters which were nearest the times of the Scripture. Thus Philo Judaeus of Joseph (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) he

was ordained Governour of all Aegypt under the King. So again of Moses (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) he was constituted their Ruler. So of Aarons sons (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) God constituted them Priests. Alexander son of Antiochus Epiphanes writes to Jo∣nathan* 5.104 (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) we (in the regal stile) con∣stitute thee High Priest. Lucian saies of Hephestion (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) that Alexander made him a God when he was dead. Appian (which is added out of Grotius whence most of the rest is taken) to signifie Election of Magistrates made by the Romane Emperors uses no other word; and later Writers speak of some that were chiroto∣nized Emperors by their Fathers. For the use of the word a∣mong Christian Writers take one place in the Author of the Con∣stitutions* 5.105 for many; Clement after the death of Linus (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) was ordained Bishop of Rome by Peter. But what need* 5.106 any more, Christs Disciples are said (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) designed or fore-constituted by God the witnesses of his Resur∣rection: by al which that of Paul & Barnabas (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) is but constituting or creating El∣ders in every Church. Wherefore they that have looked so far back to the Original, as to think it necessary to render the word to create by suffrages, are sure guilty of very impertinent nicety. I promise you had this been against one of our Doctors, it might have been a rude charge; but it is but against Erasmus, Beza, Diodati, and such as took upon them to translate the Switz, French, Italian, Belgicke, and (till the Episcopal correction) the English Bibles. And what apparent cause is there of such confidence? What necessity is there even in the places alleadged why the word Chirotonia should be un∣derstood in the sense imposed? The People of Aegypt till having sold their Lands they came to loose their Popular bal∣lance, were not servants unto Pharaoh, wherefore when Joseph was made Governour over all Aegypt they were sree, now that a King should make a Governour of a free People without their consent, or some advice as we say of his Par∣liament, is altogether impropable, the rather because a Protector in the absence or minority of the King hath been no otherwise made in England, nor pretendeth the present Protector unto any other title than the like Chirotonia. But that Moses is said by the same Author (who affirmed that he

introduced the Chirotonia in Israel) to have been Chiroto∣nized Ruler of the People, can in my judgement be no other∣wise than originally and literally taken, seeing God himself was no otherwise made King in Israel than by the suffrage of the People. That the like must be understood of the Sons of Aaron hath been already shewn. The Doctor is the first hath told me, that the plural number for the royal stile is so ancient as Epiphanes: Sure I am it was not deriv'd from his Macedonian Predecessors, for in the Letters to the Athenians and the Thebans recited by Demosthenes, Philip of Macedon* 5.107 writes in the singular number. But the Letter of Epiphanes to Jonathan must it seems import that he at single hand (though the words carry double) had Chirotonized an High Priest of the Jews: Who can help it? Some Princes have not onely given out that their Priests have been chiro∣tonized when they were not, but that themselves have been Chirotonized when there was no such matter. When a Prince saies that he was Chirotonized or Elected by the Peo∣ple, to talk of Rhetorique is to have none. Divines in this case commonly understand it to be proper, or literally meant, for to impose a new sense is to spoil the word, and spoil the word, spoil the Prince. Lucian is a droll and intends a jest, but not so good an one, as that he of all other should come nearest to help up with an Heirarchy. For the Chiro∣tonia or Election of the Roman Magistrates by the suffrage of the People or of the Army, every man knows that it is literal; Suidas himself interpreting the word by this very example; where he affirms it to signifie Election or Ratifi∣cation by the many. The quotation out of the Constituti∣ons, with those of Bishop Bilson, and others out of the Greek Fathers, and out of Councils, do not onely imply the word Chirotonia, but the thing, while they all relate unto that kind of Ordination, which being in those Churches yet administred as at the Ordination of Stephen, was not con∣ferred without the consent of the People. But it is above all, that labouring to prove the Chirotonia and the Chirothesia, to be the same thing, they should rely most upon the place where the Apostles are said (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to have been fore-chirotonized by God; as if it were clear in this, that God ordained the Apostles by the laying on of

Hands, for so it must be understood, or it makes no more for them, than for us. Or if they mean it onely to shew that the word Chirotonia or suffrage is used for some Ordina∣tion that cannot be taken in our sense; so the word Chiro∣thesia (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) or laying on of Hands, where A∣nanias being neither Bishop nor Ptesbyter but onely a Di∣sciple, that is a Christian, layes his Hands upon Paul, is used for some Ordination that cannot be taken in their sense; or a man not Ordained may Ordain as well as they, for to say that the call was extraordinary where the like is, or is pre∣tended, will avayl little. But there is no need that we should go so near the wind; wherefore to give them all these places in their own sense, even till we come to the Cities in question. What word in any Language is not sometimes nay frequently used in some other than the proper sense? With what elegance, if this be forbidden, can any man write or speak? Is a word like a Woman that being taken with a Metaphor, it can never be restored unto the Original Vir∣tue? If Chirotonia have (as Divines pretend) lost all other but their signification, how shall we understand it in Isaiah or where Paul speaks it of the Brother (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉)* 5.108 Chirotonized, or chosen by the Churches? Certain∣ly in this one place at least it is of our sense, and in the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, it is but once yet in all the New Testa∣ment of any other, so that if we gain the place in contro∣versie, we have it twice of our sense in Scripture for once not in theirs, but in any other; and in humane Authors, they will not so much as pretend to have it once for them of an hundred times for us; which is pretty well for the vin∣dication of the propriety of one word, and somewhat more perhaps than can be done for another. But in the sense of words that are sometimes properly and sometimes improper∣ly taken, may we admit of the things whereof they are spo∣ken for Interpretors? Or if Lillies and Roses have been al∣most as often said of Ladies Cheeks, must we understand them no otherwise when we are speaking of Gardens?

Yes sayes Doctor Hamond, and therefore to say of the A∣postles Paul and Barnabas, that they created ••ld••rs by their own suffrages, is no w••re than to say that they joyntly did cre∣ate, and indeed being but two, there could be no place for suffra∣ges,

and to affirm they did it by the suffrages of others, is not a∣greeable to the pretended use of the word, for where it is used of choosing by suffrages, as when the people are said to Chirotonize, it is certain that their own, and not others suffrages are meant by it.

It were hardly possible to have contrived a greater number of* 5.109 Affirmations inso smal a compasse, nor to have gone farther in them from all truth. Phrases as words are to be understood according unto the Rule and Law of Speech, which is use, and thus that the Apostles created Elders by their own suffrage, is not said, that they did it by the suffrage of others, is necessari∣ly implyed; as also that the people are understood to chiroto∣nize as well when it is said of the Presidents of their Assem∣blies, as of themselves.

Diruit, aedificat, mutat quadratarotundis.

When a man is said to build an House, or marry a Daugh∣ter, he is not understood to be the Mason, of the Brides∣groom; But the Apostles built Churches in these Cities, therefore the people were not the Masons. The Apostles married Christ unto these Nations, therefore the people gave not their consent or suffrage! what a construction were this, in-ordinary discourse or writing, and yet in the language (as I may say) of a Common-wealth the phrase is more usuall. How often doth Demosthenes speak of his Laws, (see my Pse∣phisma, peruse my Law) and those of other private men: after* 5.110 which Copy the Par••è, or Laws in the Common-wealth of Venice, are called by the names of the Proposers, as were those of Rome, Rupilia, Cornelia, Tr••bonia, in which manner we have Poynings Laws▪ and some Statutes bearing no other Style than Enacted by the Kings most excellent Majesty, which nevertheless are known to have been all Enacted by the Parliament. Thus the Laws of Moses Rhadamanthus, Minos, Lycurgus, S••lon, Romulus, King Edward, were (leges & con∣suetudines quas vulgus elegerit) such as the people had confir∣med or chosen by their Chirotonia. But they may say gran∣ting you this use of speech in relation unto Laws, what have you of this kind for Elections? The exception is nice, but to leave none.

The High Sheriffs in England proposing unto their Coun∣ries the Names of such as stand, are said to Elect Parliament men. They that thus propose Competitors unto the Great Council in Venice are called Electors, and said to elect the Ma∣gistrates. The Proedri certain Magistrates to whom it be∣longed to put the question in the Representative of the peo∣ple of Athens consisting of one thousand, were said (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉)* 5.111 to give or make the suffrage. The Thesmothe∣tae who were Presidents at the creation of Magistrates were said (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) to chirotonize the Generals. Jo∣sephus* 5.112 renders those words of God unto Samuel, Hearken unto the voice of the people (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉)* 5.113 I command thee to chirotonize them a King, which Authors vindicating Luke for his understanding, both of the Grecian customes, and propriety of speech, at each of which he was expert, come up unto the full and genuine interpretation of the place in controversie, where Paul and Barnabas (〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) Chirotonizing them Elders in every Congregation, can be no otherwise understood than that they here, as Moses at the institution of the Sanhe∣drim; Samuel at the Election of the King; the Proedri at the passing of Laws; the Thesmothetae at the creation of Magi∣strates; the Electors in the great Council of Venice; and the High Sheriffs in the Counties of England, were no more than Presidents of that Chirotonia, which was given or made by the suffrage of the people.

Wherefore the Greek is thus rendred by these several Tran∣slations of the Bible.

That of Zurich.

When they had created them Elders by suffrages in every Con∣gregation.

That of Beza.

When they had created them Elders by suffrages in every Con∣gregation.

The French.

When by the advice of the Assemblies they had established Elders.

The Italian.

When by the advice of the Congregation they had constituted them Elders.

That of Diodati.

When they had ordained them in every Church by the common votes of the Elders.

That appointed by the Synod of Dort.

When in each Church by the holding up of Hands they had E∣lected Presbyters.

That used in England from the time of the Reformation, untill the Episcopal correction of the same.

When they had ordained them Elders by Election in every Congregation.

Indeed the circumstance of the place forbids any other con∣struction of the words, for if the suffrage or Chirotonia, (which were scarce sense) related unto the Apostles onely, what needed they have done that in every Congregation, or Church, which they might have done in any Chamber or clo∣set? The circumstance of the action forbids any other con∣struction, for the people were assembled upon occasion of Election or creation of Officers, which thing doth not use to be done in Assemblies gathered for Divine service; besides these Congregations were not alwayes of one mind, but sometimes for sacrificing unto the Apostles, sometimes for stoning them, which are acts of power; wherefore they were political Assemblies. Now these consisting also of a people that had in their Cities (quandam 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉) the government, of themselves, hence ariseth the strongest circumstance of all, forbidding any interpretation of the Text, that might exclude them from election of their own Magistrates, Priests, or Ec∣clesiastical Elders, such as had been the Asiarchs, though Heathen Prelates, yet remembred by the Scriptures as affecti∣onate* 5.114 Friends unto Paul, or such as were those, though to a better end, now ordained by the Apostles. Wherefore Gro∣tius, notwithstanding all the art he useth in other places to avoid this sense, giving his note upon the Text yeilds; though chirotonizing may be said of any Election made by one, or by the Few: yet to the Election in this place it is probable that the con∣sent of the people was given, no lesse being implyed in the begin∣ning of the Chapter, where the Multitude believed, where they were stirred up, where they were evill affected, and where part held with the Iews, and part with the Apostles. Which shews that the people were active in the business. But sayes Do∣ctor

Seaman, There is difference between the consent of the people▪ and the power of the people, which is not to understand the case in controversie, nor to take notice that the people whereof we are speaking were under popular Government, for where ever the people are under popular Government, between that which is done by their consent, and that which is done (Iussu populi) by their power, there is no difference. How should the people give their consent but by their suffrage? or what difference, where they have power, can there be be∣tween the suffrage, and the power of the people?

Doctor Hamond upon this point is far more quainct, where the Scriprure saith that the multitude were evill affe∣cted, and where part held with the Iews, and part with the Apo∣stles, he thinks it ee'n like enough. But where it is said that a great multitude of the Jews, and also of the Greeks believed; he seemeth to have no opinion of it. For saith he, It is evi∣dent* 5.115 that Believers were at first but few in every Town or City, they were not whole Corporations at once converted, nor conse∣quently could they act in a common capacity: But as Clemens Romanus saith, they that were by the Apostles constituted Bi∣shops and Deacons in several Cities aud Regions, were constitu∣ted over those that should after believe, there were oft so few at the present. And then as fast as any did come into the Faith, they readily submitted themselves to those by and under whom they did come in, and were not at all troubled (honest men) with the consultation or deliberation about the way of electing their Teachers and Guides.

Come away; to leave the Scripture a while, and follow Clemens, be it so for discourse sake that in those dayes there was no where any such thing as a great multitude believing, much less whole States or Common-wealths at once converted, whereby they might still act in a common capacity, but onely some private or gathered Congregations or Churches, and that in such it was the Apostles Paul and Barnabas chiroto∣nized: yet these as they were found, or as afterwards they came to be made, must of necessity have been Corporatioos, for what can a number of Men coming into a Society regula∣ted by certain Laws, Constitutions, or form be but a Corpo∣ration? Some Ecclesiastical policy or discipline they must have had: and that probably seeing the greatest Legislators,

even Moses himself) have written after Copies, according unto some pattern, what was this pattern? and whence came it?

Why saith he, not from their Heathen customes, but from* 5.116 the Metropolis; for it must be remembred that wheresoever the Gospel was preached, it came originally from Ierusalem, and then* 5.117 as Agrippa in Philo saith of that City, it was the Metropolis not only of Iudea, but many other Regions, because of the Colonies thence sent into Aegypt, Phenice, and both the Syria's; nay to Pamphilia, Celicia, and a great part of Asia, as far as Bythinia and Pontus. So in reason the Churches in Lystra, Iconium, and Antioch, where Paul and Barnabas ordain'd Elders were to follow the pattern at Ierusalem, and there We know it was not by the suffrage of the people, that an Elder was assumed into the Sanhedrim, but the Prince or head of the Sanhedrim received him in by Imposition of Hands; it will be much more reasonable to deduce the circumstances of ordaining Elders from the customs familiar unto them that preached the Faith unto them, than from the former usages of them, to whom it was preached, who were not to dispute, but to believe and receive the institutions as well as Doctrines which were brought them.

These me thinks are strange arguments; the Gospel came to us from Rome, is Rome therefore the Metropolis of Eng∣land? It is true Agrippa being a Jew, and writing unto Cali∣gula in the behalf of the Jews▪ not of the Christians, tells him, That Ierusalem is the Metropolis of the Iews, and of all their Colonies; so is London of the English, and of all their* 5.118 Colonies; but doth it follow from hence that either Jerusa∣lem, or London is the Metropolis of Christendome? But the Jews▪ had many Colonies in Asia, and therefore the Churches of Lystra, Iconinm, and Antioch were to follow the pattern at Je∣rusalem. The Jews indeed had Synagogues in Iconium and Lystra, as the French have Churches in England, but is this a good argument, the French have Churches in England, therefore the English are to follow the orders of the French Church? The Jews withstood the Gospel at Iconium, for saith the Text, The multitude of the City was divided, and part* 5.119 he••d with the Iews, and part with the Apostles: therefore the believing Iconians must have acknowledged Jerusalem to be their Metropolis, and were to follow the pattern of that Ci∣ty.

And what was that? why there we know it was not by the suffrages of the people that an Elder was assumed into the Sanhedrim, but the Prince or head of the Sanhedrim received him in by Imposition of Hands. The Government of the Ico∣nians was popular, that of the Jews was Aristoeratical; there∣fore the Iconians receiving the Christian Faith, were bound to change their Democracy into Aristocracy. The Apostles to comply with an Oligarchy, had alter'd that ordination, which originally (as at the election of Mathias) was popu∣lar unto Aristocracy; therefore being now to plant the Go∣spel in a free State, they might not alter it from Aristocracy to Democracy: to please the Jews they might change for the worse, therefore to please the Iconians they might not change for the betrer, but must tell the people plainly that they were not to dispute, but to believe and receive the instituti∣ons as well as Doctrines that were brought them from the Metro∣polis. How would this found unto a people that understood themselves!

Sic volo sic juheo stat proratione voluntas.

The right temper of a Metropolitan, to whom Popular power is an Heathen eustome, and with whom nothing will a∣gree but Princing of it in the Senate. But with the Apostles it was otherwise, who making no words of the Chirothesia where it was needless, were glad of this occasion to Chiroto∣nize, or elect them Elders in every Congregation by Popular fuffrage. But this (they will say) is not to come off from the haune, but to run still upon the People in a common or publick capacity. Though the Scripture speak of great mul∣titudes believing, believe it there was no such thing; Clemens saith they were very few, their Assemblies private, and very scanty things. As private as they were, by the judgement of Divines they were it seems to receive from their pattern (if that were the Sanhedrim) a form that was publick enough, and why might not they have received this from that pub∣lick from whereunto they were accustomed, rather than from a Forraign Policy, and one contrary to their customes? why should they suffer such power in new and private, as they would not endure in their old and publick Magistrates? or if they received the Scriptures, why should they choose

that Ordination which would fit them worst rather that which would fit them best? That of Timothy, rather than that of Matthias? Or let their Assemblies have been never so private or scanty, yet if the Apostles Chirotonized th••m Elders in every Congregation, Is it not demonstrable that they did receive that of Matthias, and not that of Timo∣thy?

Thus much for the Propagation of the pure or first kind of Ecclesiastical Policy unto the Cities of Lycaonia. The mixed or second kind into which (the Christian Presbytery delighting to follow the stepps of the Jewish) the former might soon degenerate, continued in the primitive Church (to speak with the least, for Wall••us brings it down to Charles the Great) three hundred years after Christ; which Assertion in Mr. Hobbs proved out of Amianus Marcelli∣nus, Doctor Hamond hath either willingly overseen, or in∣cludes in this Answer, it is most visibly void of all appear∣ance of truth. Wherefore to the quotation mentioned, I* 5.120 shall ad the words of Platina. Damasus the second by Na∣tion a Bravarian surnamed Bagniarius, or as some will Popo; possessed himself of the Papacy by force, and without consent of the Clergy and of the People. Now what can be clearer than that by this place the Clergy and the People had hitherto right to elect the Pope? The Doctor comes near the word of defiance unto Mr. Hobbs, in a matter of fact so apparent unto any judgement that I need not ad what goes before in the life of Clement the second, where the Emperour ingageth the People of Rome not to meddle with the Election of the Pope without his express Command: nor what follows after in Leo the ninth, where the whole power of Election was now conserred by the Emperour upon ihe Clergy. Again Victor the second, (saith the same Author) obtained the Papacy rather by fa∣vour of the Emperour, than by free suffrages of ihe Clergy and the People of Rome, who apprehended the power of the Em∣perour whose displeasure they had sometime incurred by Crea∣ting Popes: So then the People, (it is clear) had hither∣to created the Popes. The power of Election thus in the whole Clergy came afterwards, as at this day, to be re∣strained unto the Cardinals onely; and so to devolve into the third kind of Ordination exactly correspondent unto

the Sanhedrim and their Chirothesia, as it was exereised a∣mong the converted Jews, when Timothy was Ordained by the laying on of the Hands of the Presbytery.

Now this is that with which of all others Divines are so inamoured, that they will not endure it should he said there is any other: It is also propitious above all the rest unto Monarchy, as that which according unto the inherent na∣ture or impotence of Oligarchy, must have a Prince at home or abroad to rest upon or become the inevitable prey of the People. Herein lies the Arcanum or secret of that Antipa∣thy, which is between a Clergy and a Popular Government, and of that simpathy which is between the Mitre and the Crown. A Prince receiving a Clergy with the Monopoly of their Chirothesia, hath no more to do than to make a Metrapolitan, by whom he governs them, and by them the People, especially if he endow them with good Revenues, for so they become an Estate of his Realm, and a more stea∣dy Pillar of his Throne than his Nobility themselves, who as their dependance is not so strong, are of a more stirring nature. This is the Gothick Model from whence we had our Pattern, and in which No Bishop, no King.

Thus for the dignity of Ecclesiastical Policies, whether in Scripture or Humane Prudence, Popular Government you see is naturally inclin'd unto the very best, and the spiritual Aristocracy unto the very worst. It is also remarkable that the Political ballance extends it self unto the decision of the question about Ordination. For as a People never of∣fer'd to dispute with a well ballanced Clergy, so a Clergy dis-mounted never gain'd any thing by disputing with the People. As to the question of Empire, or Government, (I Propheti disarmati Rovivano) The Apostles became all▪ things unto all.

Thus beyond all measure improsperous are this Divines un∣dertakings* 5.121 against Mr. Hobbs, and the undertakings of Di∣vines upon this Subject.

FINIS.

Notes

• * 1.1

  Act. 11. 19.
• * 1.2

  Ch. 14.
• * 1.3

  Acts 6. 12.
• * 1.4

  Livy. lib. 8. Ch. 21.
• * 1.5

  Strabo 1. 9.
• * 1.6

  Sigon. de ant jure Provin.
• * 1.7

  Epist.
• * 2.1

  Plin. Epist. lib. 10.
• * 5.1

  Acts 19.
• * 5.2

  Demost. contra Timocr.
• * 5.3

  Phil. 1.
• * 5.4

  L. 8. C. 8.
• * 5.5

  L. 2.
• * 5.6

  Calv. Inst. L. 4. cap. 3. §. 15.
• * 5.7

  Dion. Hal. L. 8.
• * 5.8

  Philo de inst. princ.
• * 5.9

  Numb. 11. v. 16. 24.
• * 5.10

  Deut. 1. v. 13, 14, 15.
• * 5.11

  Numb. 11. 26.
• * 5.12

  Numb. 11.
• * 5.13

  Numb. 11. v. 24. 25.
• * 5.14

  Deut. 33. v. 9.
• * 5.15

  1 Tim. 1. v. 6.
• * 5.16

  Deut. 1. v. 15.
• * 5.17

  Ver. 16.
• * 5.18

  Judg. 2. 16.
• * 5.19

  De Rep. Heb.
• * 5.20

  Judges 11.
• * 5.21

  Deur. 17. 15.
• * 5.22

  Arist. Poll. B. 6. C. 2.
• * 5.23

  De Imp. S. P. C. 10.
• * 5.24

  Judges 20.
• * 5.25

  Jos. L. 4.
• * 5.26

  Josephus. L. 6. C. 5.
• * 5.27

  Numbers 16. Josephus L. 4.
• * 5.28

  1 Chro. 29. 22.
• * 5.29

  Grot. ad Hag. 1. 1. Iosephus de Iudg. l. 4. Maymon. Hal. Cele Hamikdasch. Chap. 4. & 5. 2 Chron. 24. 5. 25. 8. 26. 13.
• * 5.30

  Numb: 8. v: 9, 10.
• * 5.31

  Exod. 29.
• * 5.32

  Numb. 8.
• * 5.33

  Philo de inst. principiis.
• * 5.34

  Di••m. C. 10.
• * 5.35

  1 Sam. 8. 12.
• * 5.36

  2 Sam. 8. 15.
• * 5.37

  § 10.
• * 5.38

  Exod. 17. 11.
• * 5.39

  Gen. 48. 14.
• * 5.40

  Numb. 11. 17.
• * 5.41

  Tit Sanhed. C 4.
• * 5.42

  Numb. 27. 28, 23.
• * 5.43

  Deut. 34. 9.
• * 5.44

  Mat. 16. 18.
• * 5.45

  1 Tim. 5. 22.
• * 5.46

  Mat. 10. 16.
• * 5.47

  Acts 6. 6.
• * 5.48

  Luke 24. 49.
• * 5.49

  Deut. 1. Numb. 11.
• * 5.50

  Selden de Syn.
• * 5.51

  Vide▪ Grot. ad Deut. 17. 8.
• * 5.52

  Mikotzl Misna Gemara
• * 5.53

  Abr. Zacuth. Maimonides.
• * 5.54

  Rab. Jonah. Rab. Nathan.
• * 5.55

  Maimon. Tit. San. Cap. 4.
• * 5.56

  Acts 13. 3.
• * 5.57

  Acts 9. 17.
• * 5.58

  Malmon. Tit. San. Cap. 4.
• * 5.59

  Halac. San. C. 4. S. 11.
• * 5.60

  Numb. 27. 8.
• * 5.61

  § 36.
• * 5.62

  § 107 Acts 20. 28.
• * 5.63

  De Imp. sum. Pot. C. 10. § 31.
• * 5.64

  § 104
• * 5.65

  Acts 6.
• * 5.66

  Of Ordinat. p. 13.
• * 5.67

  De Imp. c. 10.
• * 5.68

  1 Pet. 2. 13.
• * 5.69

  Livy L.
• * 5.70

  Acts 7. 15.
• * 5.71

  Acts 8.
• * 5.72

  First way of Ordination in the Church of Christ. Acts 1.
• * 5.73

  § 115.
• * 5.74

  Dr. H. of Im∣position. § 115.
• * 5.75

  Acts 1. 15.
• * 5.76

  Ver. 13.
• * 5.77

  15.
• * 5.78

  16.
• * 5.79

  21.
• * 5.80

  22.
• * 5.81

  23.
• * 5.82

  24.
• * 5.83

  26.
• * 5.84

  Grotius.
• * 5.85

  Demonstrati∣on that God never ordained any policy Ec∣clesiastical or Civil, but up∣on the princi∣ples of humane Prudence. Josh. 9. 11.
• * 5.86

  Arist. 2. lib. 2. c. 10.
• * 5.87

  Pol. lib. 8. c 9.
• * 5.88

  Act. 6.
• * 5.89

  Second way of Ordination in the Church of Cstrist.
• * 5.90

  Acts 13.
• * 5.91

  Acts 15. 22.
• * 5.92

  Third way of Ordination i the Church c Christ.
• * 5.93

  Grot ad 2 Tim. 4. 14.
• * 5.94

  Grot. ad Mat. 19. 13.
• * 5.95

  1 Tim. 4. 14.
• * 5.96

  2 Tim. 1. 6.
• * 5.97

  § 106.
• * 5.98

  § 134.
• * 5.99

  § 111.
• * 5.100

  Epitome of the Common-wealth of Crete
• * 5.101

  Tit. 1. 5.
• * 5.102

  Decorond.
• * 5.103

  § 3.
• * 5.104

  Joseph. An. L. 13. C. 5.
• * 5.105

  L. 7. C. 45.
• * 5.106

  Acts 10. 41.
• * 5.107

  De Cor.
• * 5.108

  2 Cor. 8. 19.
• * 5.109

  His own words to Mr. Hobbs. § 118.
• * 5.110

  De Coron.
• * 5.111

  Demost. cont. Timocrat.
• * 5.112

  Pol. l. 8. c. 8.
• * 5.113

  Ant. l. 6. c. 4.
• * 5.114

  Acts 19. 31.
• * 5.115

  § 134
• * 5.116

  § 125.
• * 5.117

  § 135.
• * 5.118

  Philo delegati∣tione ad Ca∣jum.
• * 5.119

  Acts 14. 4.
• * 5.120

  § 138.
• * 5.121

  His own words to Mr. Hobbs▪ § 122.