were Things of fuch Importance, as required mutual Confent, and the joint Authority of the whole Nation. It should feem then that the People of Ifrael, in this Affembly or national Parliament, had all the Powers which were usually vefted in the People, in the moft celebrated Governments of Greece or Rome. Their Affent gave Sanction and full Authority to what was propofed to them. The Roman Definition of a Law will shew what this Affent of the Roman People was in their Government; a Law is what the People of Rome confirm'd on * Propofal by a Senatorian Magiftrate, as a Conful; and in this among the Romans a Law (Lex) differed from a Vote, or Order of the People or Commons, called Plebifcitum; which was + what the People refolv'd when affembled by a Magiftrate of their own, as a Tribune; and thus alfo it differed from a Vote or Refolution of the Senate, which was such Order as the Senate made of its own Authority. This fhews, that among the Romans nothing had the Authority of a Law, but what was proposed to the People, and affented to by them. It was the Confent of the People which gave it the binding Authority of

́a Law.

This

*Lex eft, quod Populus Romanus, Senatorio Magiftratu interrogante (veluti Confule) conftituebat. Inft. L. 1. Tit.2. + Plebifcitum eft, quod Plebs Plebeio Magiftratu, veluti Tribuno, conftituebat. It.

Senatus confultum eft, quod Senatus jubet atque conAituit. Ib.

This Conftitution of the Roman Government may not improperly fhew what Part the Hebrew People or Congregation of Ifrael had in their Government, which Mr. Harrington thus describes, "In Laws to be made, what

ever was proposed by the Sanhedrim, and << refolved in the Affirmative, in the Congregation of the Lord, was an Act of Parlia"ment of Ifrael*."

A few particular Inftances how the publick Affairs of greatest Moment were tranfacted in this Affembly, may make this Part of the Hebrew Conftitution better underftood.

The Congregation of Ifrael was fummoned by Mofes to receive the Law, to recognize and acknowledge Jehovah their God, their King, and their Lawgiver, which Mofes was directed to do in this Form: Thus fhalt thou Exodus fay to the Houfe of Jacob, and tell the Chil-xix. 1. dren of Ifrael, Ye have feen what I did to the Egyptians, and how I bore you on Eagles Wings, and brought you unto myself: Now therefore if you will obey my Voice indeed, and keep my Covenant, then ye shall be a peculiar Treafure unto me above all People: 3. For all the Earth is mine, and ye shall be anto me a Kingdom of Priests, and an boly Nation. Thefe are the Words which thou Shalt Speak unto the Children of Ifrael; and Mofes came and called for the Elders of the People,

* Harrington's Commonw. of Ifrael. p. 52. c. ii. §. 16.`

...

9.

People, and laid before their Faces all thefe Words which the Lord commanded him. And all the People answered together, and faid, all that the Lord hath spoken, we will do: And Mofes returned the Words of the People unto the Lord. I mention this Paffage at large, because it is a very par ticular Account of the Form in which Affairs were propofed to the People, and refolved by them; and you will observe, that legal Forms explain the true Powers and Authority of any Part of a Conftitution, much better than general Arguments, which are commonly founded on Conjectures rather than on Facts.

A Propofal of any thing by the Senate to the People of Rome, was called Rogation, or Afking; because it was ufually in fome such Form of Words as this: "Is it your Will * "O Romans, and do you refolve it? Or if a War was to be propofed to the People, their Confent was asked in this Form: Is "it your Pleasure, O Romans, and do † you "refolve that War fhall be proclaim'd?” Sometimes the Form was thus; "Concern

ing thefe Things, I ask you, O Romans, "what is your Will, and what you refolve "to have done?" On fuch Propofal from the Senate to the People, the Anfwer is fometimes only, "We will, and refolve it." Some

p. 129.

times Velitis, jubeatis, Quiritis. Briffonius de Formulis, c. ii. + Velitis, jubeatis, Quirites, bellum indici. Id. ib. De his rebus, quid fieri velitis, jubeatis, rogo Quirites. Id. ib.

ames more particular, "We will, and refolve "what the Majority of the Senate here pre"fent have propofed *." Or fimply, "Be "it as you afk,"

How near to this Form of propofing and refolving in the Roman Government, is the Propofal of Mofes to the general Court or Congregation of all Ifrael? Mofes laid before their Faces all the Words which the Lord commanded him; that is, he propofed to them, Whether they would confent to this Covenant, and refolve it fhould be a fundamental Law of their Nation? How near is this to the Form, Is it your Will, and do you refolve it, O Hebrews? The Answer of the Congregation of all Ifrael is in thefe Words: All that the Lord hath spoken we will do. How near is this to the Form, + We will and refolve it? Or, ‡ We will, and refolve all that Jehovah hath proposed to us? Whoever shall carefully obferve the Forms of pro- . pofing and refolving in the popular Affemblies of the Hebrews, will perceive, I think, ftill more Reason to understand the Powers and Authority of them in the Hebrew Government to be much the fame as the Power and Authority of the Roman People was in that Government, or indeed much the fame

as

* Populum cum Rogationem acciperet refpondiffe, volu mus, jubemufque . . . Plebs fic juffit, quod Senatus maxima Pars cenfeat, qui adfidetis, id volumus, jubemufque, or uti rogas. Id. ib.

+ Volumus, jubemufque.

Quod Jehovah cenfeat, id omne volumus, jubemusque.

as the Powers and Authority of the People were in most Governments of the Ancients : In which the Confent of the People was always to be asked and had, by the Senate or Council, in Matters of greater Moment, and general Concern.

In the Athenian Government there was an Affembly of the People called Εκκλησια, or a general Court of the Athenian Citizens, fummoned according to Law, which was to confirm or reject what was proposed to it *.

The Lacedæmonians had a like Affembly of the People, efpecially that which was called fimply Exxλnoia, or the Congregation, in diftinction from what was called the leffer Congregation, or Μικρα Εκκλησια, which confifted of the Inhabitants of the City of Sparta only; whereas the general Congregation confifted of all the Lacedæmonians in all the Country of Laconia ; "to which it belonged to advise concerning "War and Peace, or whatever elle related "to the publick and common Interest. In particular, they were to give their Con"fent to the Choice of Magiftrates, and "confirm them in their Authority by their "Suffrage +."

Such

*Eft autem Concio Populi conventus legitime advocatus, rei, alicujus publicæ caufa, fuffragio fuo, aut jubendæ, aut vetandæ. Sigonius de Rep. Athen. c. ii. p. 69.

+ Major Concio feu Exxλnota fimpliciter dicta omnium fuit, Lacedæmoniorum. Qui videlicet ex omnibus Laconia Oppidis conveniebant, hujus erat Concionis, ut cum Sociis

.de