The Commonwealth of Oceana by James Harrington
page 37 of 382 (09%)
page 37 of 382 (09%)
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"suffrage of the great Council or assembly of the people." But
the Sanhedrim of Israel being thus constituted, Moses, for his time, and after him his successor sat in the midst of it as prince or archon, and at his left hand the orator or father of the Senate; the rest, or the bench, coming round with either horn like a crescent, had a scribe attending upon the tip of it. This Senate, in regard the legislator of Israel was infallible, and the laws given by God such as were not fit to be altered by men, is much different in the exercise of their power from all other senates, except that of the Areopagus in Athens, which also was little more than a supreme judicatory, for it will hardly, as I conceive, be found that the Sanhedrim proposed to the people till the return of the children of Israel out of captivity under Esdras, at which time there was a new law made -- namely, for a kind of excommunication, or rather banishment, which had never been before in Israel. Nevertheless it is not to be thought that the Sanhedrim had not always that right, which from the time of Esdras is more frequently exercised, of proposing to the people, but that they forebore it in regard of the fulness and infallibility of the law already made, whereby it was needless. Wherefore the function of this Council, which is very rare in a senate, was executive, and consisted in the administration of the law made; and whereas the Council itself is often understood in Scripture by the priest and the Levite, there is no more in that save only that the priests and the Levites, who otherwise had no power at all, being in the younger years of this commonwealth, those that were best studied in the laws were the most frequently elected into the Sanhedrim. For the courts, consisting of three-and-twenty elders sitting in the gates of |
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