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ment, and difpofed to perceive the Wisdom of this Conftitution.

Though the Hiftory of the Hebrews is fhort, and they very foon departed in many things from the original Conftitution, after the Adminiftration of Mofes and Joshua; yet there is fo plain Evidence of the Congregation of Ifrael, of a great Council or Senate of Elders, of a Judge or a Stadt-holder, of the Voice of Jehovah, his Word, or Oracle, in the general Adminiftration, and in Affairs that concerned the whole Nation ; that every one muft obferve, thefe made a confiderable Part of the Hebrew Government, and that the Union of the Tribes into one Government was intended to be placed in them; in thefe were their Councils to be united, by them their joint Forces were to be directed. Thus they became one united Body for the Preservation of their common Liberty, Peace and Religion, against all Oppofition, how much foever each of the Tribes was made independent of the other particular Tribes, and fovereign in its own Tribe, in the Administration of Juftice within itself.

If we fuppofe the Congregation of Ifrael, the great Council, the Judge or Stadtholder, and the Voice of the Oracle, all concurred in the Administration of the general Government, it will eafily appear that the general Union of the Tribes as one Body may be conceived after this Manner; that the Congre

Congregation of Ifrael, or the whole People, enacted; that the great Council advised, confulted, and propofed; that the Judge or Stadtholder prefided in their Councils, and had the chief Hand in executing what was refolved in them; and that the Oracle was to affent to and approve what was refolved, and authorize the Execution of it in Matters of the greatest Importance to the whole State : fo that the general Union of the whole Nation may not improperly be thus expressed : It was by the Command of the People, and Advice of the Senate, the Judge prefiding, and the Oracle approving *.

Let us a little examine thefe Particulars, and fee whether there is not fufficient Reafon thus to confider the Conftitution of the States-General of the united Tribes of Ifrael.

But before we proceed to Particulars, it No proper may ferve much to prevent Mistakes in this legislative Inquiry, to make one previous Obfervation, Power in this Conftithat there were no proper legislative tution. Powers lodged any where in this Conftitution; for thefe States-General, whether con-fidered each of them feparately, or all of them with mutual and joint Confent, had no Authority vefted in thern either to repeal Laws in being, or to make new Laws. The Laws of this Nation were the Laws of Jehovah;

*Jubente Populo ex Senatus Confulto, præfidente Confule, approbante Oraculo.

Deut. iv. 1, 2.

xii. 32.

Jehovah; thefe were fo facred as to be unalterable in a much higher Sense, than the Laws of the Medes and Perfians. Jehovah was the only Lawgiver, and there is an exprefs Law which enacts: Now therefore, O If rael, bearken unto the Statutes and unto the Judgments which I teach you, for to do them, that ye may live and go on, and poffefs the Land, which the Lord God of your Fathers giveth you. Ye shall not add unto the Word which I command you, netther fhall ye diminish ought from it, that ye may keep the Commandments of the Lord your God, which I command you.

The fame Command is repeated, What thing foever I command you, obferve to do it, thou shalt not add thereto or diminish from

it.

From hence a learned Author juftly concludes, That the Right of Sovereignty, "which consists in making Laws, was not "given to any by the Hebrew Conftitu❝tion." It was a Right Jehovah referv'd to himself, who only gave his Law to f rael; and another eminent Author has very truly obferved of the Tribes of Ifrael, "That the Power of Legiflature could not "in a proper Senfe belong to them; for "tho'

*Hoc igitur argumento maximo eft, juris illius Majeftatis, quod in legibus ferendis eft pofitum, nihil quicquam penes hominem fuiffe. Conringius de Republ. Heb. §. 10. p. m. 246.

"tho' they might, and did make such Rules

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as we commonly call By-Laws, yet the "Law of Mofes was their unalterable Law, "both for civil and ecclefiaftical Affairs *.' Wherever then the Union of the Tribes was placed, we must not expect to find any proper legislative Authority or Power; for the Laws both in Affairs civil and ecclefiaftical, being at the first given by God himself, were by his Authority made facred and unalterable.

Yet ftill, there were many things in the due Obfervation and Execution of thefe Laws relating to the common Interefts of the whole People, concerning which the Laws had made no particular Provifion, or given particular Directions. In fuch Cafes it was neceffary the Hebrew Nation fhould have a national Authority, both in taking Advice, and in executing what should be refolved upon, as the common Concern of the whole People. Thus the united Counfels and Force of the Nation were under the Direction of the Congregation of Ifrael, the Senate of Elders or great Council, the Judge, and the Oracle. Let us examine the proper Parts of each, a little more diftinctly.

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Joshua

B

CHA P. VIII.

Congregation of all Ifrael.

ESIDES the Affembly or Congregation of the Hebrew People in each particular City, and in each Tribe, which have been confidered before in the provincial Government of the Tribes; there is alfo Mention of all the Congregation of the Children of Ifrael, and all the Children of Ifrael, even all the Congregation, and the whole Congregation xxii. 16. of the Lord*. This Affembly or Congregation of the whole People is distinguished from the Princes and Elders. Mofes is directed to make two Silver Trumpets, and if they blow with them, all the Assembly hall xxvii. 20, aflemble themselves at the Door of the Tabernacle of the Congregation; and if they blow with one Trumpet only, then the Princes which are Heads of the Thoufands of Ifrael, fhall gather themselves together. When Mofes came down from Mount Sinai, with the two Tables in his Numb. x. Hand, first Aaron and all the Rulers of the Congregation came to him, and Mofes talked with them, and afterwards all the Chil

Numbers

21.

3, 4.

dren

* There were two fuch Affemblies of the People in the Lacedæmonian Government, the one of thofe who were Inhabitants of the City, called Mixga Exxλnoia, the leffer Affembly; the other of all the Inhabitants of the Country of Laconia, called fimply the Affembly, or Exxanova. Craig. de Repub. Lacedem, l. i. c. vii. p. 43.

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