The art of law-giving in III books ... : to which is added an appendix concerning an House of Peers / by J. Harrington.

Sect. 16. The Model of the Com∣monwealth of Israel.

Now to bring the whole result of these historical parts, thus proved, un∣to the true Political method, or form; the Commonwealth instituted by Mo∣ses, was of this Model.

The whole people of Israel, through a popular distribution of the land of Canaan among themselves by lot, and a fixation of such popular ba∣lance, by their Agrarian law, or Iubile, entayling the inheritance of each pro∣prietor upon his heirs for ever, was Locally divided into twelve Tribes.

Every Tribe had a double capa∣city; the one military, the other ci∣vil.

A Tribe in her military capacity, consisted of one Staff, or Standard of the camp, under the leading of her distinct and hereditary Prince, as commander in chief; and of her

Princes of families, or chief fathers, as captaines of thousands, and cap∣taines of hundreds.

A Tribe in her political capacity, was next and immediately under the government of certain Iudicatories, sitting in the gates of her cities; each of which consisted of twenty three Elders, elected for life, by her free suffrage.

The Soveraign power, and com∣mon ligament of the twelve Tribes, was the Sanhedrim of Israel, and the (Ecclesia Dei) or congregation of the Lord.

The Sanhedrim was a Senate, consisting of seventy Elders, for life; so instituted, by the free election of six competitors, in and by each Tribe; every Elder or Senator of the San∣hedrim, being taken out of this num∣ber of competitors, by the lot.

The congregation of the Lord, was a representative of the people of Israel, consisting of twenty four thousand, for the terme of one moneth; and perpetuated by the monethly ele∣ction of two thousand deputies of the people, in each Tribe.

The Sanhedrim, upon law made,

was a standing Iudicatory of appeal from the courts in the gates, through∣out the Tribes; and in law to be made, whatever was proposed by the Sanhedrim, and resolved in the affir∣mative by the Congregation of the Lord, was an Act of the Parliament of Israel.

Of this Frame, saith Moses unto the people, as well he might: Be∣hold, I have taught you statutes and judgments, even as the Lord my God commanded me, that ye should do so in the land whither you go to possesse it. Keep therefore, and do them: for this is your wisdom, and your understanding in the sight of the nations, which shall hear all these statutes, and say; Sure∣ly this great nation is a wise and under∣standing people. In another place, upon the peoples observing this form, he pronounceth all the choicest bles∣sings; and in case of violation of the same, a long enumeration of most dreadfull curses, amongst which he hath this: The Lord shall bring thee, and thy king which thou shalt set over thee, unto a nation, which neither thou, nor thy fathers have known, and there

shalt thou serve other gods, wood and stone. In which words, first he char∣geth the king upon the people, as a creature of their own; and next, op∣poseth his forme, point-blank unto Monarchy: as is farther apparent in the whole Antithesis running through∣out that Chapter. To the neglect of these orders, may be apply'd those words of David: I have said that ye are gods— but ye shall dye like men, and fall like one of the Princes. But this government can with no countenance of reason, or testimony of story, give any man ground to argue from the frame thus instituted by Moses, that a commonwealth, rightly ordered, and established, may by any internal cause, arising from such orders, be broken, or dissolved; it being most apparent, that this was never established in any such part, as could possibly be hold∣ing. Moses dyed in the wildernesse; and though Joshua, bringing the peo∣ple into the promised land, did what he could, during his life, towards the establishment of the form designed by Moses; yet the hands of the people, especially after the death of Joshua, grew slack, and they rooted not out

the Canaanites, which they were so often commanded to do; and without which, it was impossible that their Commonwealth should take any root. Neverthelesse, setled as it could be, it was in parts longer lived, then any other government hath yet been; as having continued in some sort, from Moses, unto the dispersion of the Jewes, in the raign of the Emperour Adrian; being about one thousand seven hundred yeares. But that it was never established according un∣to the necessity of the forme, or the true intent of Moses, is that which must be made farther apparent, throughout the sequel of the present book; and first, in the state of the Israelites under their Judges.

Notes

• Deut. 4.5, 6.
• Deut. 28.36.